Judgment Search Results Home > Cases Phrase: reporter s privilege Sorted by: recent Court: allahabad Page 1 of about 631 results (0.026 seconds)

Kunwar Pal Singh Rathi Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : 2001(4)AWC3104

..... the courts, on the other hand, take the view that it is not for them to determine whether a parliamentary claim to privilege in a particular case falls within that area where what is claimed, is necessary to the discharge of parliamentary functions or internalto one or other of the houses, in which case parliamentary jurisdiction is exclusive, or whether it falls outside the area, especially if ..... the legislature has a right and the privilege to consider the report according to procedure prescribed. ..... in the light of the above facts.sri dwivedi urged that in view ofarticles 151 and 194 of theconstitution of india, it is theconstitutional entitlement,prerogative, privilege of thelegislature of the state to considerthe report of the c.a.g. ..... offence having been committed, cannot be made the basis of challenge to policy decisions taken by the state government, as in view of the provisions of articles 151 and 194 of the constitution of india, it is the constitutional entitlement, prerogative and privilege of the state legislature to consider the report of the c.a.g. ..... the committee, so constituted shall, after conclusion of the enquiry, make the report public and also table the same in the house, within a period of eight months. 44 ..... present case has absolutely no similarity with the investigation of the various offences in the fodder scam in bihar as in that case, the government itself had lodged as many as 40 first information reports and the case was being investigated by the local police. .....

Mahabirji Birajman Mandir Vs. Prem NaraIn Shukla and ors.

Court : Allahabad

Reported in : AIR1965All494; 1965CriLJ452

..... of opinion that a part of the casediary containing the confidential communications or reports are privileged but not the statements of witnesses or other allied matters contained therein.14 ..... to put it differently, privilege can be successfully claim-ed with regard to confidential reports or communica-tions, but not statements of witnesses recorded during the police investigation or documents like site plan ..... reports are of a confidential nature and privilege can ..... account of proper steps not being taken in adducing the necessary evidence, it shall, therefore, be necessary to make comments not only on the general question of privilege but also what can or cannot be proved and if it can be proved, in what manner 6. ..... nag 23, it was observed that the statements in the police diary were ordinarily privileged and could not be given to outsiders except under s, 162, criminal p. ..... me that the case diary maintained by a police officer during the investigation of a crime was a confidential document with regard to which privilege could be claimed and no evidence could be allowed to come on the record. ..... lay down a general rule that the case diary is privileged and its contents cannot be made use of in another case ..... police investigation, and also the site plan prepared by the investigating officer, are admissible in evidence for certain purposes, such documents though contained in the case diary cannot be treated as privileged documents which cannot be permitted to be brought on the record.11. .....

Ghanshyam Das Gupta and ors. Vs. Board of High School and Intermediate ...

Court : Allahabad

Reported in : AIR1956All539

..... to the licensee and to hear him before he cancelled the licence.the decision in that case was based upon two grounds, first, that the controller was merely taking executive action to withdraw a 'privilege' and, second, that under the special terms of the regulation the only condition for the exercise of the power vested in the controller was that he had reasonable grounds to believe that the ..... 14 says that if the board wishes to exercise that power which has been delegated to the examinations committee, it shall receive and consider the report of the examinations committee before it exercises the power which has been delegated to the committee.in the present case the chairman has acted on ..... means at the examination and cancels the result of that examination on that ground and further debars them from appearing at the ensuing examination, the committee, does not merely take away a privilege granted to the appellants but affect their natural right to reputation with serious consequences to them in their career.110 ..... that the examinations committee had no power to impose the penalties and that its only duty was to report to the board and the board alone had the power to impose penalties ..... denied the privilege of seeing this report. ..... which have by regulation been delegated by the board to any one of its committee shall stand referred to that committee, and the board, beforeexercising any such powers, shall receive and consider the report of the committee with respect to the matter in question .....

Raj NaraIn Singh Vs. Atmaram Govind and anr.

Court : Allahabad

Reported in : AIR1954All319

..... direction of the speaker to leave the house.it also appears from the proceedings that the speaker of his own accord referred the matter of the petitioners unruly behaviour to the committee of privileges of the house for consideration and report and that committee made a report to the house on which the house recorded the resolution of the 30th march, 1953, which is, as i have already stated, being impugned by these proceedings in this court. ..... resolution was, however, passed after discussion by the house:'that this house accepts the report of the privileges committee on the question of breach of privileges, by sarvashri raj narain, ram narain tripathi, and jagannath mal & resolves that sarvashri raj narain, ram narain tripathi and jagannath mal are guilty of breach of privileges of this august house and suspends shri raj narain until the adjournment of the present sitting ..... ordered the forcible eviction of the petitioner from the house for disorderly conduct, he could not subsequently refer that very conduct to the committee of privileges for report and that the house could not on the basis of the report of the committee of privileges punish the petitioner a second time as they had by resolving to have him suspended. ..... another ancillary matter may here be noticed so as to make the category of privileges complete, namely, the right which newspapers claimed, to publish, fair and accurate reports of parliamentary debates--this right appears to have been conceded once for all by .....

(Raja) Veni Madho Prasad Singh Vs. M. Wazid Ali

Court : Allahabad

Reported in : AIR1937All90

..... but that cannot affect the position of the defendant because if the defendant was protected by an absolute privilege in making what he believed to be a confidential report, then the publication of that by attaching it to the record will not affect his position. ..... first of all, as to the practical point of view, if there was not an absolute privilege for the confidential reports of a police officer, it would obviously be very difficult for a police officer to do his duty ..... if therefore the case was one of merely qualified privilege we consider that the defence have clearly shown that there was ample justification for the statements in the report, and the plaintiff has altogether failed to show that there was any express malice of the ..... i therefore agree that there was an absolute privilege in making this report to the magistrate through the superintendent of police, which had been ordered under section 202, criminal ..... question is whether the allegations made in this report are absolutely privileged, or whether there is only a qualified privilege with regard to them. ..... for the absolute privilege it is not necessary that the statement made should itself have been made on oath, so long as it is a part of the judicial proceeding, particularly if it is a report made under orders of the ..... there was the case of the report by a liquidator in bankruptcy proceedings and it was held that this report had an absolute privilege. ..... which is a plea of absolute privilege for a report of this nature. .....

Mohammad Samiullah Khan Vs. Bishu Nath

Court : Allahabad

Reported in : AIR1928All316

..... it may be held as settled law (1) that the report made to a police officer is not a judicial proceeding; (2) that imputations contained in the said report may be privileged if there was an occasion of privilege, but they are not absolutely privileged; (3) that if the defendant pleads privilege the onus lies upon him to prove the affirmative; (4) that if he succeeds in proving privilege the onus of proving actual malice is then cast upon the plaintiff, for malice destroys privilege. ..... civil liability of a person arising from defamation is to be determined by tests and standards different from these which are acceptable to the criminal courts, and the extent of the privilege which may be claimed by the accused person in a criminal court is necessarily confined in this country to the limits imposed by the indian criminal law. ..... they were on the same footing, and, therefore, the reports to the sub-inspector were absolutely privileged and as such could form no basis for a civil action ..... , that a report made at a police-station, though not within the rule of absolute privilege which covers judicial proceedings, is prima facie privileged, that is to say, the person making it has a right to make it if he honestly believes it, and the person receiving it has a duty to receive it; but qualified privilege, as the term indicates, provides only a qualified protection, and the person charged with the defamation must prove that he used the privilege honestly, honestly believing the truth of what he .....

Majju and anr. Vs. Lachman Prasad and anr.

Court : Allahabad

Reported in : AIR1924All535; 84Ind.Cas.702

cecil henry walsh, acting c.j.1. i should like to say that the matter of law raised by the appeal has been very fully argued by mr. haider in a very interesting discussion. i merely want to add my reason for constituting the bench as i did in this case, because mr. haider raised a sort of indefinite protest against it. in this case, and the next one which we are about to hear, it seemed to me, when i happened to be acting as chief justice and was looking into my duty as regards the constitution of the bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the full bench which has been referred to and the fact that i was a member of that full bench, to have a decision of three judges. i remain of the same opinion after hearing mr. haider's interesting, argument.ryves, j.2. in my opinion the judgment of my learned brother was correct and i would dismiss the appeal.dalai, j.3. i agree.4. by the court. the order of the court is that the appeal is dismissed with costs on the higher scale.

Lala Lachman Prasad and anr. Vs. Majju and anr.

Court : Allahabad

Reported in : AIR1923All167; 77Ind.Cas.913

..... in my opinion, without having heard and argument on the point a report made at a police station, though not within the rule of absolute privilege which covers judicial proceedings is prima faice privileged, that is to say, the person making it has a right to make it if he honestly believes it, and the person receiving it has a duty to receive it ..... term indicates, provides only a qualified protection and the person charged with the defamation must prove that he used the privilege honestly, honestly believing in the truth of what he said, or in other words, having reasonable grounds for making the statements and the onus of establishing that lies upon him, it is obvious that where the statement is made ..... if, as the learned judge says, the report is receivable in evidence and is in fact taken in evidence in the course of a judicial proceeding, then no doubt by the full bench decision that publication, namely, the putting it in as evidence in a judicial proceeding would be absolutely privileged. ..... i hold, as a matter of law, that there was no absolute privilege and that there was no ground for raising any question of qualified privilege, and the courts would have been better advised in they had tried the issues as ..... the alleged defamation is contained in a-written document la the nature of a report or information lodged with a police officer in the course of the police officer's duty, in which the defendants charged the plaintiffs with assault and not, both of which are cognizable .....

Dr. Krishna Kumar Sachan Vs. U.P. Lokayukta and Others

Court : Allahabad

..... taking note of the various provisions of the aforementioned act, which are akin to the 1975 act, the apex court has clearly ruled that the functions to be discharged by the lokayukta are investigative in nature and report of the lokayukta or up-lokayukta are only recommendatory and no civil consequences as such follows from the action of lokayukta and up-lokayukta though they can initiate prosecution before a competent court and therein it has also been ..... figures, which have been so submitted by the petitioner, in respect of income tax return of himself and his wife and the society in question, has not at all been relied upon and, in view of this, the report in question is vitiated and (iii) the investigation in question has not at all been conducted in consonance with the principle of natural justice and sufficient opportunity of hearing has not at all been provided to submit papers and ..... the enquiries that are conducted under the 1975 act are primarily investigation about the misconduct committed by one holding the position of trust and position of privilege and the credibility and reputation of such an incumbent depends upon the manner in which he/she conducts himself/herself. ..... the right to enjoyment of a good reputation is a valuable privilege of ancient origin and necessary to human society. ..... } there is no quarrel on this fact that every incumbent has a right to save his reputation and right of enjoyment of good reputation is a valuable privilege and necessary to human society. .....

Shekhar Tiwari Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC3181

..... after considering the constitutional provisions including articles 100 and 105, the apex court laid down that there is no privilege with regard to attending sessions of parliament when a valid order of detention has been passed against a member. ..... sub-article (3) of the constitution provides that in other respect the powers, privileges and immunities of a house of the legislature of a state, and of the members and the committees of a house of such legislature, shall be such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of ..... right of participation in the proceedings of the assembly by a member and the privileges in the assembly given to members are rights and privileges of those members who are participating in the proceedings. ..... the supreme court laid down in the said judgment that privilege of freedom from arrest is limited to the civil cases. ..... detained in prison has some kind of parliamentary privilege with regard to participation in the proceeding of the assembly has to be first considered ..... we are of the view that so long as the two legislators are detained under valid detention order, they have no right or privilege to participate in the session of the house. ..... no member of the legislature of a state shall be liable to any proceedings in any court in respect of anything said or any vote given by him in respect of the publication by or under the authority of a house of such a legislature of any report, paper, votes or proceedings. .....