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GAUHATI HIGH COURT
M. Sharma, J.
Homen Borgohain and Others v. Brahmaputra Valley Regional Handloom Weavers' Co-Operative Society Ltd.
| Table of Content |
|---|
| 1. petitioners seek to quash a defamation complaint by a society. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both sides regarding the nature of the complaint. (Para 6 , 7 , 8 , 11 , 12) |
| 3. court examines the defamatory nature of the news item and locus standi. (Para 9 , 10 , 14 , 16 , 18) |
| 4. court holds the society lacks standing to sue for defamation. (Para 22 , 23) |
| 5. the petition is allowed, and the complaint quashed. (Para 24) |
1. This revision petition has been filed by the petitioners for quashing the complaint case No. 983/93 pending in the Court of Judicial Magistrate, Guwahati and the entire proceeding therein and also the order dated 1-6-1994 passed by the said Magistrate explaining the offence u/S 500/501/502 read with S.34, I.P.C.
2. Plea against the maintainability of the complaint in the above mentioned complaint case has been raised to the effect that the person aimed against in the impugned news item is not the Brahmaputra valley Regional Handloom Weavers' Co - operative Society Ltd., but the Managing Director Mr. Jagannath Sarma, and that as the Managing Director Mr. Sarma did not file the complaint as the person aggrieved, the defamation case file
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