Dawith Appuhamy V. The Associated Newspapers Of Ceylon Ltd.

1956 Present: Basnayake, C. J., and Gunasekara, J.

DAWITH APPUHAMY, Appellant, and (1) THE ASSOCIATED
NEWSPAPERS OF CEYLON, LTD.,  (2) G. J. PADMANABHA
(Editor, Ceylon Daily News "), Respondents

S. C. 187-D. C. Colombo, 26,617/M

Defamation-Newspaper report-Privilege-Animus injuriandi.

In an action for defamation against a newspaper in respect of a report of certain remarks made by a Magistrate concerning the plaintiff in the course of an inquiry into a petition for a mandate in the nature of a writ of habeas corpus that had been presented to the Supreme Court, it was shown that the report was f4ir and substantially accurate and that it was published shortly after the remarks -were made in open court.

Held, that the circumstances negatived animus injuriandi and that the report was privileged.

APPEAL from a judgment of the District Court, colombo

Sir Lalita Rajapakse, Q.C., with F. R. Dias, for the plaintiff-appellant.

H. V. Perera, Q.C., with G. T. Samerawickreme, for the defendant-respondents.

Cur. adv. vult.

May 11, 1956. GUNASEKARA, J.-
This is an appeal from a judgment and decree of the Distric

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