Volume 28, the term 'defamatory statement' has been defined as “a
statement which tends to lower a person in the estimation of right
thinking members of the society generally or to cause him to be
shunned or avoided or to expose him to hatred, contempt or ridicule,
or to convey an imputation on him disparaging or injurious to him in
his office, profession, calling trade or business”.
32.
The Black's Law Dictionary, 4th Ed., explains the meaning of
„defamation‟ as “the taking from one‟s reputation. The offense of
injuring a person‟s character, fame, or reputation by false and
malicious statements”.
33.
In addition, P.H. Winfield in A Textbook of the Law of Tort,
5th Ed. 1950, defines „defamation‟ as “the publication of a statement
which tends to lower a person in the estimation of right-thinking
members of society generally; or which tends to make them shun or
avoid that person”.
34.
As per R.F.V. Heuston, Salmond on the Law of Torts, 17th Ed.
1977, the wrong of defamation “consists in the publication of a false
and defamatory statement concerning another person without lawful
justification. That person must be in being. Hence not only does an
action of defamation not survive for or against the estate of a
deceased person, but a statement about a deceased or unborn person
is not actionable at the suit of his relatives, however great their pain
and distress, unless the statement is in some way defamatory of
them”.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 22 of 50
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