Law: Defamation Ordinance, 2002

Section: 3/4/5/8/9/15

Defamation Ordinance, 2002-- ----S. 3/4/5/8/9/15--Publication of Derogatory words--Suit decreed--appeal dismissal of--Appellants are Chief Editor and Editor of newspaper who published derogatory words--Defamation is publication of a statement which reflects on a person’s reputation and tends to lower him in the estimation of right-thinking members of the society--No material is available on record which suggested that they probed into or any investigation was conducted by them to meet with requirements and parameters of an ideal journalism--The appellants were unable to establish factual correctness of the material published, malice on the publisher’s part--Notice must be sent through registered post--Admission made by Appellant No.1 in his cross-examination that a notice was sent to him but he did not receive it personally and also in view of statement of (P.W.3), copy of legal notice original receipts of registered post (Exh.P.2 to Exh.P.4), respondent proved that he fulfilled requirement of Section 8 of Ordinance, 2002.Trial Court has rightly decreed suit. PLD 2021 SC 564; PLD 2015 SC 42; 2020 CLC 618; 2014 MLD 1199 ref. JUDGMENT Ahmad Nadeem Arshad, J.--This Regular First Appeal is preferred under Section 15 of the Defamation Ordinance, 2002, against judgment/decree dated 06.03.2012 whereby respondent’s suit for recovery of Rs. 1,00,00,000/- was decreed by the learned Trial Court to the extent of of Rs. 5,00,000/-only. 2. Succinctly, necessary facts forming background of instant appeal are that the respondent/plaintiff instituted a suit for recovery of damages under Section 9 of the Defamation Ordinance, 2002 (Ordinance LVI of 2002) (hereinafter referred as the Ordinance, 2002), against the appellants by contending that he is a Doctor by profession and presently posted at DHQ, Chakwal, whereas, appellants are Chief Editor and Editor of newspaper “Weekly Press Forum, Chakwal” who published a news by using following derogatory words for him: “بدتمیز،بدنام، بدمعاش، ڈاکٹرشہبازکیغلفتسےمریضہجانبحق، مقدمہاندراجاورفوریگرفتاریکامطالبہ۔” He adds that the above named newspaper is circulated throughout the district Chakwal and other districts and the publication of…

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