Law:

Section:

(a) Civil Procedure Code (V of 1908)--- --------S, 9 & O.II, R.2---Defamation Ordinance (LVI of 2002), Preamble--- Malicious prosecution--- Defamation--- Ingredients and proof---Scope---Publication of news item---Mental agony---Damages---Jurisdiction of Civil Court---Scope---Defamation Ordinance, 2002 did not contain any ouster clause or any overriding effect qua jurisdiction of civil court---Prior to promulgation of Defamation Ordinance, 2002 the tort of defamation was actionable before civil court of ordinary jurisdiction---Civil courts being courts of ultimate jurisdiction could try suits with regard to civil disputes unless their jurisdiction was expressly or impliedly barred---Suit for defamation was maintainable before the civil court of ordinary jurisdiction---Plaintiffs had not pressed their claim or remedy under the Defamation Ordinance, 2002 rather opted to file suit under S.9, C.P.C---Litigants could choose either of two statutory remedies i.e. as provided under the Defamation Ordinance, 2002 or the court of civil jurisdiction under S.9, C.P.C.---Hearsay evidence was not admissible under the law---Giving of any information with regard to commission of crime did not constitute defamation rather it was duty of every citizen to inform law enforcing agencies about commission of any crime---Originator, publisher or printer of material in question could be sued for damages but plaintiffs had not made any claim against them which would constitute relinquishment of claim---Plaintiffs had failed to prove that alleged application for registration of criminal case was filed by the defendant---Mere filing of application would not amount to malicious prosecution---Person claiming to have been injured must establish that his reputation had been diminished or his general reputation in the estimation of general public was tend to reduce him to ridicule due to unjust criticism and unnecessary hatred had been created against him; that his reputation suffered due to circulation of said news---Nothing was on record to substantiate the claim of defamation---Question of mental agony was required to be established through cogent and reliable evidence---Mere feeling of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492