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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Daulat Jain S/o Late Sardarmallji Jain – Appellant
Versus
Times of India Rep. by its Editor, Chennai – Respondent
| Table of Content |
|---|
| 1. nature of the plaintiffs' business and allegations against them. (Para 2) |
| 2. defendants' arguments regarding limitation and factual reporting. (Para 3 , 4 , 5) |
| 3. issues framed for determination by the court. (Para 6 , 7) |
| 4. plaintiffs' claims regarding google’s role and indexation. (Para 8 , 9) |
| 5. court's examination of evidence and dismissal rationale. (Para 10 , 11 , 12 , 13 , 14) |
| 6. final ruling and order of the court. (Para 15) |
JUDGMENT :
P. DHANABAL, J.
1. This Suit has been filed by the Plaintiffs for the reliefs of (a) permanent injunction restraining the defendants or others their men, agents, servants or any other person or persons claiming through them from publishing/posting any articles in magazines, posters, newspapers, articles in the websites against the plaintiffs and their business entities JG Group of Companies, which would tarnish the goodwill and reputation of the plaintiffs connecting them to the alleged 2G Scam; (b) For a Mandatory Injunction directing the defendants or others to permanently remove the defamatory contents tarnishing the Plaintiffs and their business entities Doulat Jain, Rajesh Jain, Mahesh Jain and JG Group of Companies from their
An intermediary is not liable for defamation if it merely indexes information and is unaware of the defamatory content, necessitating specific identification of such content to establish cause of act....
Freedom of speech does not extend to defamation; defendants must remove false content to protect rights.
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
Digital intermediaries are statutorily exempt from liability for third-party content. They are not required to adjudicate the veracity or defamatory nature of online publications until presented with....
Defamation plaint rejected under Order VII Rule 11 CPC: social media posts in casual conversational groups read impressionistically in context; no cause of action absent identifiability, substantial ....
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