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Tort Currect 2

The document discusses several legal cases related to defamation and tort law in India, highlighting key rulings from the Supreme Court and High Courts. It covers topics such as the pre-trial consideration of defamation exceptions, the quashing of defamation cases based on public remarks, and the misuse of legal provisions in marital disputes. Additionally, it addresses defenses in tort claims, including statutory authority, contributory negligence, and inevitable accident.

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Nivedita Raje
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18 views8 pages

Tort Currect 2

The document discusses several legal cases related to defamation and tort law in India, highlighting key rulings from the Supreme Court and High Courts. It covers topics such as the pre-trial consideration of defamation exceptions, the quashing of defamation cases based on public remarks, and the misuse of legal provisions in marital disputes. Additionally, it addresses defenses in tort claims, including statutory authority, contributory negligence, and inevitable accident.

Uploaded by

Nivedita Raje
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Legal Current Affair

Law of torts 2
1. Supreme Court on Defamation and Freedom of Speech
(November 2022):
• Case:
Supreme Court: Benefit of Exceptions of Defamation Cannot Onl
y Be Afforded at the Stage of Trial
• Summary: The Supreme Court held that the benefit of
exceptions to Section 499 of the Indian Penal Code
(defamation) can be considered even at the pre-trial stage. This
means that if the facts justify, the accused can seek dismissal of
defamation charges before the trial begins, emphasizing the
importance of protecting freedom of speech while preventing
misuse of defamation laws.
2. Karnataka High Court on Defamation and Public Remarks
(December 2024):
• Case:
Karnataka High Court Quashes Defamation Case Against Congr
ess Leader Over Remarks on the Word ‘Hindu’
• Summary: The Karnataka High Court quashed a defamation
case against Congress leader Satish Jarkiholi, who had
remarked that the word “Hindu” has a dirty meaning. The court
observed that defamation charges require the defamed party
to be a definite and identifiable group, and in this case, the
complainant failed to establish such a group, leading to the
dismissal of the case.
3. Supreme Court on Misuse of Legal Provisions in Marital
Disputes (December 2024):
• Case:
Supreme Court Warns Against Misuse of Cruelty Law for Settling
Personal Scores Against Husband
• Summary: The Supreme Court cautioned against the misuse
of Section 498A of the Indian Penal Code (cruelty by husband
or his relatives) as a tool for personal vendetta. The court
emphasized that while the provision aims to protect women
from cruelty, it should not be exploited for settling personal
scores, highlighting the need for judicial scrutiny to prevent
harassment through false allegations.
4. Delhi High Court on Defamation via Social Media (January
2024):
• Case:
Retweeting Defamatory Content Equals Defamation: Delhi High
Court’s Landmark Ruling
• Summary: The Delhi High Court ruled that retweeting or
sharing defamatory content on social media platforms
constitutes defamation. The court emphasized that individuals
with substantial social media followings have a responsibility to
avoid disseminating defamatory material, as such actions can
harm the reputation of others and lead to legal consequences.
5. Defense of Statutory Authority:
• Case: V. Kumar & Anr. v. R. Natarajan & Ors. [Madras High
Court, 2021]
• Summary: The defendants, acting under statutory authority,
demolished unauthorized constructions. The court upheld the
defense of statutory authority, stating that actions performed
under legal authority are valid defenses against tortious claims.
6. Defense of Contributory Negligence:
• Case: Virendra Kumar v. Vijay Kumar & Others [Allahabad
High Court, 2020]
• Summary: In this motor accident claim, the court examined
the concept of contributory negligence, where both parties
may share responsibility for the incident. The court emphasized
that the claimant’s own negligence could reduce the
compensation awarded.
7. Defense of Inevitable Accident:
• Case: Sabiha Hamid v. Dr. M. Khan Hospital [National
Consumer Disputes Redressal Commission, 2021]
• Summary: In a medical negligence claim, the hospital invoked
the defense of inevitable accident, arguing that the adverse
outcome was unavoidable despite all due care. The
commission, however, found the hospital liable, indicating that
the defense was not applicable in this scenario.

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