Case Details

Citation(s)
2019 SLG 2881 2019 SLD 2881 2019 MLD 1882
Sindh High Court
Suit No. 1211 of 1996, decision & hearing Dated: 18-05-2016.
SALAHUDDIN PANHWAR, JUSTICE

Respondent(s) by: Khawaja Naveed Ahmed No.4.

LT. COL. (RETD.) MUHAMMAD WALI KHAN DURRANIVSUNIVERSITY OF KARACHI AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 14

(a) Torts--- ----Defamation---Libel---Suit for damages---Issuance of public notice---Wrong impression about plaintiff---Quantum of compensation---Scope---Plaintiff filed suit for damages and claimed that the defendants published and got published defamatory allegations (public notice) against him without verification of the facts---Validity---Public notice got issued by defendant prima facie had a reason of its publication i.e.the claim of land---Public notice was issued to put public onto notice about claims of the defendant and its intended action was to protect every inch of its property, hence to such extent public notice was within its object and purpose---Deliberate use of the name of plaintiff in public notice seemed to allow general public to have wrong impression about the plaintiff that he had illegally allotted its lands---Mere claim of bona fide or to have acted in the interest of defendant did not absolve the defendants from establishing bona fide---Public notice to the extent of mentioning the name of plaintiff was not in public interest rather was causeless resulting in damage to the reputation of plaintiff---Plaintiff, on establishing defamation, had only become entitled to compensation but quantum thereof was an entirely different thing which had got its own peculiar requirements/ingredients and mere claim of certain amount as a damages did not earn plaintiff a right to insist decree to such extent---Plaintiff had never attempted to differentiate damages with regard to mental torture, agony, defamation and financial loss but had claimed damages to the tune of Rs. 50 million---High Court, in absence of proof of mental shock and bifurcation of claimed damages, found it proper and justified to award an amount of Rs. 80,00,000/-(eighty lac) to the plaintiff---Suit was partially decreed. Malik Gul Muhammad Awan v. Federation of Pakistan 2013 SCMR 507 rel. (b) Torts--- ----Defamation---Libel---Suit for damages---Issuance of public notice---Liability of initiator of news---Liability of publisher--- Scope---Plaintiff filed suit for damages and claimed that the defendants published and got published defamatory allegations against him without…
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