Law: Defamation Ordinance, 2002

Section: 13

(a) Defamation Ordinance (LVI of 2002)--- ----S. 13---Suit for recovery of damages---Civil Court---Jurisdiction---Respondents published a false speech/report in a Daily Newspaper, which caused harm to the reputation, dignity, honor and business of plaintiffs---Plaintiffs claimed damages, and Trial Court decreed the suit---Validity---Under Defamation Ordinance 2002, the power vests only in the District Court---Section 13 of the Defamation Ordinance, 2002, prescribes the remedy before District Court---Said section has no ouster clause regarding the jurisdiction of Civil Court to entertain the suit for defamation---Civil Court being Court of ultimate jurisdiction could be invoked in all civil matters unless its jurisdiction was expressly or impliedly barred by statute---Appellate Court ignored such aspect of the case while passing the impugned judgment---Petition was dismissed accordingly. Hazoor Bakhsh v. Mir Nasrullah 2016 CLC 1936 rel. (b) Defamation Ordinance (LVI of 2002)--- ----S. 12---Suit for damages---Damages---Proof---Respondents published a false speech/report in a Daily Newspaper, which caused harm to the reputation, dignity, honor and business of plaintiffs---Plaintiffs claimed damages and Trial Court decreed the suit---Appeal was allowed by setting aside the judgment of Trial Court---Validity---Record showed that the witnesses were not eye-witnesses of the press conference, and their statements being hearsay were not admissible in evidence---For the purpose of damages party was bound to prove the quantum of damages sustained to it by producing trustworthy evidence--Decree for damages could not be granted without proofs---Plaintiff did not take benefit from the testimonies of other side's witnesses---Plaintiff neither produced any person who was present at the time of press conference nor exhibited the copies of newspaper---So far as the loss of business was concerned, none of the witness uttered a single word that as to what was the business of the plaintiff and how he sustained loss and during which period---Plaintiff did not produce any evidence to show that he suffered loss in the business---For special damage the plaintiff was duty bound to prove…

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