Law: Carriage by Air (International Convention) Act (IX of 1988)

Section:

Tort--Allegation of plaints a doctor, was that news item published by the defendant, lowered him down in the estimate of the general public---Suit for recovery of damages on the ground that a student was brought, in injured condition in the Hospital of which plaintiff was Medical Officer, for treatment who was treated by the plaintiff and other staff---Full treatment was given to the patient, but inspite of that defendants published two items in their newspapers in which certain baseless and uncalled for accusations were levelled against the plaintiffs and the other staff members; it was reported in the news items that the staff of the hospital was not on duty, the hospital rooms were locked and the patient was not properly treated---Plaintiff asserted that said news had lowered him down in the estimate of the general public---Trial Court dismissed the suit of the plaintiff-Validity--Plaintiff had to establish the ill-will and malice on the part of the defendants, but entire evidence was silent in that respect---Nothing was brought on record that the alleged action was either libellous or was based on ill-will---For an action for damages, the plaintiff had to prove the good reputation and the alleged action damaging that reputation, which onus had not been discharged by the plaintiff---Statement of injured student was of immense importance as according to his statement when he was brought to the Hospital neither the Doctor nor the other staff was on duty and on repeated calls by the relatives of the patient the duty Doctor came very late---Said statement of the injured student was the base for publication of the news items and same was not based on any ill-will or mala fide intention, but were fair comments on the prevailing situation in the hospitals---Impugned of the Trial Court was just, legal and in consonance with the established principles of appreciation of evidence, which called for no interference and same was maintained. Abdul Ghafoor v. Syed Jawed Hussain Jaffrey and another PLD 2006 Kar. 691; Altaf Gauhar v. Wajid Shamsul Hasan and another PLD 1981 Kar. 515; Muhammad Ismail v. Dr. Muhammad Afzal Mirza 1999 CLC 958; Sheikh Muhammad Rashid v. Majid…

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