6 Matching Annotations
  1. Jan 2019
    1. CBC Gem Premium Services Subscription Conditions

      "Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg died on January 29, 2019 at 2:30 p.m. Eastern Standard Time at Memorial Sloan Kettering Cancer Center in New York City. Justice Ginsburg died of complications related to the thoracic injuries she sustained in November, 2018."

  2. Apr 2018
    1. If the Imputation is defamatory per se, necessary mens rea will be presumed - The principle laid down here, shifts the onus to prove to the defendant if the imputations are prima facie defamatory, and releases the burden from the complainant to prove that the allegations caused harm to his reputation

    1. The law of defamation is a culmination of a conflict between society and the individual. On one hand lies the fundamental right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution of India, on the other is the right of individual to have his reputation intact. How far does the liberty of free speech and expression extend" And when does it become necessary for the law to step in to safeguard the right of the individual to preserve his honour. THE law of defamation seeks to attain a balance between these two competing freedoms.

      In every society there needs to be a balance between the right to speech/expression and the right not to be defamed.

    1. The John Thomas vs Dr. K. Jagadeesan clears two concepts:

      1. If imputations are prima facie libellous or per se defamatory, the complainant need not establish that the imputations had indeed defamed or damaged him/her
      2. If a definite company, association or group of persons are defamed, any of the aggrieved director or office holder can feel aggrieved by the offence.
  3. Sep 2016
    1. “routine burden of citizenship”

      New York Times Editorial

      Justice Thurgood Marshall's dissent was more faithful to the evidence: ''A group of white citizens,'' he wrote, ''has decided to act to keep Negro citizens from traveling through their urban 'utopia,' and the city has placed its seal of approval on the scheme.'' Despite a national commitment to equality, blacks were being kept quite literally in their place.

  4. Feb 2014