Ashutosh Dubey vs Netflix, Inc & Ors. on 5 May, 2020
which a person who is the object of such unfavourable sentiments is exposed. The
words or visible representations, therefore, complained of must contain an
imputation concerning some particular person or persons whose identity can be
established. If they contain no reflection upon a particular individual or individuals,
but equally apply to others although belonging to the same class, an action for
defamation will not lie. It goes without saying that the word 'person' in Section 499 of
the Code includes a company or an association or a collection of persons as well, as
provided in explanation 2 of Section 499, but the class of person attributed to must
be a small determinate body. It is interesting in this connection to consider the case
in (1) Government Advocate v. Gopa Babu Das (A.I.R. 1922 Patna, 101) where a
newspaper had published certain libellous matters against two constables of Begunia
Police Station in the Puri district. No constable in particular was named in that
publication and the entire publication was absolutely false. In an action for
defamation by two constables of the said police station against the printer and
publisher of the newspaper Dawson Miller, C.J. observed as follows:-"However reprehensible and morally unjustifiable the words complained of may be
they must to be, actionable, contain an imputation concerning some particular
person or persons whose identity can be established. An Imputation against an
association or collection of persons jointly may also amount to defamation within the
meaning of the section but at the same time it must be an Imputation capable of
being brought home to a particular individual or collection of individuals as such. The
article in question is not directed against the constables of the Begunia thana
collectively so that they, as a body, could assert that each and all of them had been
libelled. Nor can it be said that two ascertained individuals have been the object of
the attack. It is unnecessary that the person whose conduct is called in question
should be described by name. It is sufficient if on the evidence it can be shown that
the imputation was directed towards a particular person or persons who can be
identified...."
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15. The case of (2) Eastwood v. Holmes 1 F. & F. 347 (The English Reports, Volume
CLXXV, Nisi Prius VI) completely supports my proposition that lawyers as a class are
not capable of being defamed. In an action for defamation by innuendo where in the
report of the proceedings of the British Archaeological Association it was mentioned
in regard to certain antiquities that-"these are figures reported to have been obtained from the Thames, and called
'pilgrims' signs.' They are being offered not only in London, but throughout the
country, and antiquaries should be on their guard in the purchase of them. Mr. C. had
inspected 800 of them, but the aggregate is stated to be not less than 2000. The
whole are proved to be of recent fabrication. They appear to have been made in chalk
moulds. They have been steeped in a strong acid and smeared over with Thames
Indian Kanoon - http://indiankanoon.org/doc/170570619/
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