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1935 Supreme(All) 19

NIAMATULLAH
Genda Ram – Appellant
Versus
Emperor – Respondent


ORDER

Niamatullah, J. - Genda Ramand Ganga Dutt have been convicted u/s 500, I.P.C., for defaming the complainant firm National Emporium, Roorki, by a Magistrate, 1st Class, Saharanpur, and fined Rs. 250 and Rs. 100, respectively. The alleged defamation is contained in two letters, one dated 10th December 1934, and the other dated 23rd December of the same year, and in an advertisement mainly published in Lahore in leaflets distributed broadcast. The learned Sessions Judge upheld the conviction and the sentences but ruled that the letter of 23rd December 1934, did not contain any such imputation as could amount to defamation. Genda Ram and Ganga Dutt have applied to this Court in revision, challenging the view taken by the Courts below of the character of the alleged imputations.

2. It is no longer in dispute that both the applicants are criminally responsible for the imputations, if any, contained in the letter dated 10th December and the advertisement, if such imputations amount to defamation. The important question which has been argued at length before me and which I aim called upon to decide is whether the contents of the letter and the advertisement, properly construed, amount

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