23/12/2024, 19:03
The Punjab Defamation Act 2024
(5)
Notwithstanding anything contained in the Code or any other law for the
time being in force:
(a)
the Tribunal shall follow the summary procedure for purposes of
investigation of claims and objections in respect of the attachment or
sale of any asset or property of the judgment-debtor for the purpose
of satisfaction of the decree, and shall conclude such Investigation
within thirty (30) days of filing of such claims or objections; and
(b)
if the claim or objection are found by the Tribunal to be mala fide or
filed merely to delay the sale of the property or asset, it may impose
a penalty up to twenty percent (20%) of the sale price of the
property upon such judgment-debtor.
17.
Onus to prove.– Notwithstanding anything contained in this Act, the Claimant
shall not be bound to establish his reputation, but it shall be sufficient if he proves any
damage, over and above the General Damages to his reputation against the Defendant.
18.
Ex-parte proceeding.– (1) Notwithstanding anything contained in the Code or any
other law time being in force, if the Defendant does not appear, or intentionally avoids to
appear before the Tribunal, the Tribunal shall, after having been satisfied that the
Defendant has willfully avoided the service of the notice or opted not to appear, may pass
such ex-parte order or judgment as it may deem appropriate.
(2)
The ex-parte order or judgment passed under sub-section (1) shall not be
appealable, but may be set aside by the Tribunal on application by the Defendant, along
with leave to defend, within thirty (30) days of the passing of such ex-parte order or within
thirty (30) days of coming into knowledge of such order, as the case may be.
(3)
For an application for setting aside an ex-parte order or judgment, the
Defendant shall be liable to furnish sufficient security, equivalent to the amount of the
decree, to the satisfaction of the Tribunal, and shall have to set up sufficient cause that he
did not have knowledge of passing of such order or judgment, or was prevented from
appearing before the Tribunal:
Provided that no notice or stay on an application under sub-section (2) shall be
issued, unless the sufficient security, as ordered in terms of sub-section (3), is furnished by
the Defendant.
19.
Admissions.– The Tribunal may, in the interest of expeditious disposal and to
reduce the contested issues and costs of litigation, grant an opportunity to the Parties to
recourse to Order XII of the Code.
20.
Penalties for false and frivolous claims.– In case of false, frivolous and vexatious
claims, the Tribunal shall order Punitive Damages against the Claimant, as provided under
this Act.
21.
Consequences of proof of defamation.– (1) Where defamation is proved to have
occurred, the Tribunal may pass an order directing the Defendant to tender an
unconditional apology, if acceptable to the Claimant, and direct the same to be published in
the same manner and with the same prominence as the defamatory statement was made,
and pay the damages in terms of this Act.
(2)
Where defamation is proved to have occurred, the Tribunal may, in addition
to the damages that are decreed and/or direction for tendering an apology, also issue a
direction to the relevant regulatory authority to suspend or block the social media account
of the Defendant, or any other medium or platform covered by this Act through which the
defamatory content was disseminated.
punjablaws.gov.pk/laws/2884.html
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