SC upholds defamation law contested by Rahul, Kejriwal
New Delhi : The Supreme Court on Friday upheld the constitutional validity of India's criminal defamation law that was contested by Congress vice president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and BJP leader Subramanian Swamy.
 
The petitioners had argued that the criminal defamation law was in conflict with the freedom of speech and expression.
 
But the top court did not agree.
 
The bench of Justice Dipak Misra and Justice Prafulla C. Pant, while upholding the relevant sections of the Criminal Procedure Code and Indian Penal Code, notably Section 499 of the former and Section 500 of the civil law, said defamation doesn't have any "chilling effect on freedom of speech".
 
"It is not necessary for all in the chorus to sing the same song," Justice Misra said, pronouncing the judgment.
 
A magistrate should be extremely careful in issuing summons on a plea for the initiation of any criminal defamation case, he said.
 
The verdict was reserved on August 13 last year after the court heard the matter for over a month.
 
Section 499 deals with words spoken or written by someone with the intention to harm the reputation of another. Section 500 deals with the possible sentence for defamation, which may be a simple imprisonment for a term up to two years, a fine or both.
 
The verdict assumes significance in the light of a host of defamation cases in the political spectrum, especially the one filed against Chief Minister Kejriwal by Finance Minister Arun Jaitley.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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Criminal defamation law not unconstitutional: SC
New Delhi : The Supreme Court on Friday upheld the constitutional validity of the criminal defamation law in the country, saying it was not in conflict with the freedom of speech.
 
The apex court bench of Justice Dipak Misra and Justice Prafulla C. Pant, while upholding the relevant sections of the Criminal Procedure Code, notably Section 499 and Section 500, said defamation doesn't have any "chilling effect on freedom of speech".
 
"It is not necessary for all in the chorus to sing the same song," Justice Misra said, pronouncing the judgment. 
 
A magistrate should be extremely careful in issuing summons on a plea for the initiation of any criminal defamation case, he said.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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LexisGreen: Laws on the Go
Technology has been a big boon to lawyers as well as litigants caught in the interminable and expensive legal system in India. The process of converting the mass of judgements across various levels of the judiciary into digital format began over 25 years ago and has struggled to keep pace with every advance in technology. Today, every Act and judgement that you need is available online for a price; but what happens when one needs reliable access to law-related information on the go?
 
LexisNexis, one of the biggest publishers of law books, has launched LexisGreen, a portable offline digital referencing tool on a single pen-drive that eliminates dependence on the Internet and packs in vast information without even consuming precious disk space. For instance, the Civil Procedure Code (CPC) pack includes several bare Acts: Code of Civil Procedure, 1908, the Limitation Act, 1963, the Stamp Act, 1899, Court Fees Act, 1870 and General Clauses Act). It also covers all statutory provisions of CPC along with relevant Schedules and allied Acts, the latest statutory amendments, procedural rules, civil judicial rules and procedures, notable decisions of various high courts as well as the Supreme Court and detailed appendices containing forms of summons, plaints, notices and affidavits. It also includes discussions on the applicability/non-applicability of the Limitation Act to the WAKF Board Act, Payment of Wages Act (IV) of 1936, the Customs Act, the Hindu Marriage Act, the Contempt of Courts Act, and certain criminal statutes; in-depth discussions on the Limitations Act and the Negotiable Instruments Act. The price—Rs6,250—is less than half the price of the print edition. 
 
The Civil Essentials Pack includes commentaries on the Law of Insolvency, the Indian Trusts Act, the Indian Stamp Act, Specific Relief Act, Central Civil Acts (100) and the RTI Act. It offers commentaries and cross-referencing and includes details on laws relating to registration, civil appeals, notices, injunctions, and estoppels and res judicata. This pack is priced at Rs5,995. Then there is the Smart Pack which has a collection of law books on topics from professional ethics to drafting, pleading, conveyancing, cross-examination, advocacy, and courtmanship plus several bare Acts. It also provides guidance on All India Bar Examination and important commentaries, at Rs3,095. 
 
Other packs include Corporate Law, Criminal Law, Commercial Law and Constitution law. It also has classic reference books such as: Kanga and Palkhivala: The Law and Practice of Income Tax; P Ramanatha Aiyar: The Major Law Lexicon; ML Tannan: Banking Law and Practice in India; and RP Kathuria: Supreme Court on Criminal Law (1950-2013), 8th edition, 2014. Logging online to buy these pen-drives could get you good discounts from LexisNexis and other online sellers.

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