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K. Anandan Nambiar and anr. Vs. Chief Secretary, Government of Madras ...

Court : Supreme Court of India

Reported in : AIR1966SC657; 1966CriLJ586; [1966]2SCR406

..... question which thus falls to be considered on this contention is : if a claim for freedom from arrest by a detention order cannot be sustained under the privileges of the members of parliament, can it be sustained on the ground that it is a constitutional right which cannot be contravened before dealing with this point, it is necessary to indicate broadly the position about the privileges of the members of the indian legislatures, because they will materially assist us in determining the validity of the contention raised before us by mr. ..... the last statement of may is based on the report of the committee of privileges of the house of commons which dealt with the case of the detention of captain ramsay under regulation 18b of the defence (general) regulations, 1939. ..... this development is in conformity with the principle laid down by the commons in a conference with the lords in 1641 : 'privilege of parliament is granted in regard of the service of the commonwealth and is not to be used to the danger of the commonwealth'. 16 ..... the question thus raised was referred to the committee of privileges for its report. ..... 105, and a plea that a breach has been committed of any of these privileges cannot, of course, be raised in view of the decision of the committee of privileges of the house of commons to which we have just referred. ..... in this connection, the committee emphasised the fact that consideration of the general history of the privilege showed that the tendency had been to narrow its scope. .....

Satish Chandra Mullick Vs. Jagat Chandra Dutta and ors.

Court : Kolkata

Reported in : AIR1974Cal266

..... delmege reported in (1891) ac 73, the judicial committee at page 79 of the said report stated 'the privilege would be worth very little if a person making a communication on a privileged occasion were to be required, in the first place, and as a condition of immunity, to prove alternatively that he honestly believed the statement to ..... longsdon, reported in (1930) 1 kb 130 it was inter alia held that 'in order that a communication may be privileged the person making it must have an interest in the matter communicated, or there must be a duty, legal, moral or social, to make the communication incumbent on the person making it towards the person ..... bose, the learned counsel for the defendants drew my attention to two cases reported ib 43 cal wn 775 - (atr 1939 cal 477) and in (1943) 47 cal ..... find that they are privileged and the privilege has not been ..... a libel was published it is for the judge to determine whether the publication was on the occasion privileged and whether the privilege has been exceeded. ..... bose cited two cases reported in : air1959bom443 and reported in 0043/1961 : ..... the occasion is qualified privilege, the language of the privileged communication should not be scrutinised ..... 2, 3 and 4 cited a case reported in (1892) 1 qbd 431.at page 442 of the report, lord esher, master of rolls, held 'it is true that, in respect of statements made in the course of proceedings before a court of justice, whether by judge or counsel or witness, there is absolute immunity from liability .....

Ansumali Majumdar and ors. Vs. the State of West Bengal and anr.

Court : Kolkata

Reported in : AIR1952Cal632,56CWN711

..... clause (3) is the most important clause for the purposes of this case which reads as follows:'in other respects, the powers, privileges and immunities of each house of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so defined, shall be those of the house of commons of ..... . the matter was referred to a committee of privileges which reported that the arrest and detention of such member, namely, one capt ..... . this development is in conformity with the principle laid down by the commons in a conference with the lords in 1641: 'privilege of parliament is granted in regard of the service of the commonwealth and is not to be used to the danger of the commonwealth''. ..... . the said committee in its report to the house came to the following conclusions:-'the precedents lend no support to the view that members of the parliament are exempted by privilege of parliament from detention under regulation 18b of the defence (general) regulations, 1939 ..... . at present it is dear from the report of the committee of privileges of parliament in the case of capt ..... . then follows a quotation from the journals of the house of commons, 1939-40:'a review of the development of the privilege reveals a tendency to confine it more narrowly to cases of a civil character and to exclude not only every kind of criminal case, but also cases which, while not strictly criminal, partake more of a criminal than of a civil .....

A.Kamaraj Vs. the Secretary of Tamil Nadu Legislative Assembly

Court : Chennai

..... be attributed jurisdictional error;(h) the judicature is not prevented from scrutinising the validity of the action of the legislature trespassing of fundamental rights or the constitutional provisions is not correct;(i) the broad contention that the exercise of privileges by legislatures cannot be decided against the touchstone of fundamental rights or the constitutional provisions is not correct;(j) if a citizen, whether a non-member or a member of the legislature, complains that his fundamental rights under ..... while dealing with the first question, the court pointed out in paragraph 36 of the report that legislative privileges serve a distinct purpose and that they are exercised to safeguard the integrity of legislative functions against obstructions that could be caused both by the ..... while dealing with the vexed question relating to the powers and privileges of the house under article 194 vis-a-vis the fundamental rights of citizens, the majority pointed out in paragraph 40 of the report that though our legislatures have plenary powers, they function within the limits prescribed by ..... precedents that the house of commons had, at the time of commencement of our constitution, the power or privilege of prohibiting the publication of even a true and faithful report of the debates or the proceedings that take place within the house. ..... held in paragraph 34 (of the report) that it must be left to the house itself to determine whether there has in fact, been any breach of privilege or not. .....

in Re Mce (Appellant) (Northern Ireland), in Re M (Appellant) (Norther ...

Court : House of Lords

..... of the nature of lpp was taken by the law reform committee that produced the sixteenth report, privilege in civil proceedings, (1967) (cmnd 3472). 5. ..... r v central criminal court , ex p francis and francis [1989] ac 346, 394 lord goff of chieveley said: [it] is well established in the scots law of confidentiality of communications, as in the english law of legal privilege, that the protection does not apply where the transaction as to which the communication passed is fraudulent or criminal, whether the solicitor in possession of the documents is an innocent instrument or an accomplice: see dickson on the law of evidence ..... girvan lj pointed in paragraph 27 of his judgment to the specific exception in section 97 of the police act 1997 of situations where knowledge of matters subject to legal privilege was likely to be acquired, and contrasted that with the provisions of ripa, relying on this to support the conclusion that ripa was not intended to extend to ..... campbell and girvan ljj) held that that would be unlawful, though not for all the reasons advanced by the appellants, who sought declarations that such surveillance of interviews protected by professional privilege could not be carried out at all under the provisions of the regulation of investigatory powers act 2000 (ripa). ..... third reading on 19 july 2000 the minister, lord bach, said that the house had enjoyed several short debates on report on the protection due to legally privileged material: hansard, hl debates, col 1046. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... in krishna kumar singh v state of bihar582, while dealing with the question whether an ordinance (promulgated by the governor) which has a limited life can bring about consequences for the future (in terms of the creation of rights, privileges, liabilities and obligations) which will enure beyond its life, a seven judge bench held that: incident of 91 the silences of the constitution must be imbued with substantive content by infusing them with a meaning which ..... requirements applying the principle of "know your customer", in order to have available for competent authorities the necessary information on the identity of clients and the financial movements that they carry out; (ii) financial record keeping; (iii) mandatory reporting of suspicious activity; (iv) removal of bank secrecy impediments to efforts directed at preventing, investigating and punishing money laundering; (v) other relevant measures; (c) implementation of law enforcement measures to provide tools for, inter alia: (i) effective ..... the president after consultation with the council of state decides not to accede to the request of seanad ireann, or if the committee of privileges fails to report within the time hereinbefore specified the certificate of the chairman of d il ireann shall stand confirmed. ..... the president shall refer the question to the committee of privileges so appointed and the committee shall report its decision thereon to the president within twenty-one days after the day on which the bill was sent to seanad .....

Rosenbloom Vs. Metromedia

Court : US Supreme Court

..... justice white concluded that, in the absence of actual malice as defined in new york times, supra, the first amendment gives the news media a privilege to report and comment upon the official actions of public servants in full detail, without sparing from public view the reputation or privacy of an individual involved in or affected by any official action. ..... were necessary to return a verdict for petitioner: (1) that one or more of the broadcasts were defamatory; (2) that a reasonable listener would conclude that the defamatory statement referred to petitioner; (3) that wip had forfeited its privilege to report official proceedings fairly and accurately, either because it intended to injure the plaintiff personally or because it exercised the ..... sullivan, the first amendment gives the press and the broadcast media a privilege to report and comment upon the official actions of public servants in full detail, with no requirement that the reputation or the privacy of an individual involved in or affected by the official action be spared from ..... moreover, a conditional privilege allows newspapers to report the false defamatory material originally published under the absolute privileges listed above, if ..... 38 and it recognizes a conditional privilege for news media to report judicial, administrative, or legislative proceedings if the account is fair and accurate, and not published solely for the purpose of causing harm to the person defamed, even though the official information is false .....

Doe Vs. Mcmillan

Court : US Supreme Court

..... 's reputation may be damaged by the necessities or the mistakes of the legislative process, [ footnote 3/9 ] the very act of determining judicially whether there is "substantial evidence" to justify the inclusion of "actionable" information in a committee report is a censorship that violates the congressional free speech concept embodied in the speech or debate clause [ footnote 3/10 ] and is, as well, the imposition of this court's judgment in matters textually committed to the discretion of the legislative ..... the acts of authorizing an investigation pursuant to which the subject materials were gathered, holding hearings where the materials were presented, preparing a report where they were reproduced, and authorizing the publication and distribution of that report were all "integral part[s] of the deliberative and communicative processes by which members participate in committee and house proceedings with respect to the consideration and passage or rejection ..... debate clause of the constitution did not protect private republication of a committee report, but left open the question of whether publication and public distribution of such reports authorized by congress would be included within the privilege. id. ..... reports are absolutely privileged ..... hearing on motions for a temporary restraining order and for an order against further distribution of the report, dismissed the action against the individual defendants on the ground that the conduct complained of was absolutely privileged. .....

Department of Justice Vs. Julian

Court : US Supreme Court

..... the thrust of the disclosure portions of rule 32(c) and the parole act speaks so strongly against the existence of a privilege on the part of the government when the request is from the subject of the report that we think it accurate to say that congress has strongly intimated, if it has not actually provided, that no such privilege should exist. ..... [ footnote 2/2 ] the privilege protecting presentence reports is unquestionably "well recognized in the case law as precluding ..... case, it seems clear that there is good reason to differentiate between a governmental claim of privilege for presentence reports when a third party is making the request and such a claim when the request is made by the subject of the report. ..... the government's contention, however, nothing in grolier, or in the language of exemption 5, requires that, even though congress has spoken in the manner that it has, a privilege against disclosure must nonetheless be extended to all requests for these reports, or to none at all. ..... defendant is sentenced, a copy of the presentence report is typically transmitted to the bureau of prisons, where it may be used in determining a defendant's classification as an inmate, see 28 cfr 524.10, 524.12(e) (1987), choosing an appropriate treatment program, or deciding eligibility for various privileges. ..... of the disclosure portions of rule 32(c) and the parole act speaks strongly against the existence of a government privilege when the disclosure request is from the subject of the report. .....

Maroti Sadashiv and ors. Vs. Godubai Narayanrao and ors.

Court : Mumbai

Reported in : AIR1959Bom443; (1959)61BOMLR143; ILR1959Bom405

..... code, praying that security should be taken from a person for keeping the peace and a repetition of the same statements before a police officer to whom the magistrate referred the complaint for enquiry and report are absolutely privileged and no action for defamation in respect of such statement is maintainable. ..... hence statements made by a party in reports to police and statements made by him in subsequent judicial proceedings as a witness are absolutely privileged even thought they are defamatory and false ..... am bound by the decision reported in : air1943bom167 in so far as it goes and i must, therefore, hold that these statements were not absolutely privileged. ..... : air1943bom167 , where it was held that a mahalkari holding a preliminary enquiry in the conduct of a police patil on the directions of the collector in order to report to the collector is not acting in a judicial capacity, nor exercising the attributes of a court, and that the evidence given before the mahalkari in such an enquiry is not absolutely privileged. ..... the learned judge has considered the case reported in : air1939cal477 and has observed: 'i think, with great respect, that their lordships understood 1905 a. ..... 6 and 8 are entitled to an absolute privilege or to a qualified privilege which is liable to be destroyed by proof of malice, i must set out as a statement of fact that the statements complained of by the plaintiff were made before the police officers in the course of the investigation stated to have started .....