Examveda

X' residing in Chandigarh, publishes statements defamatory to 'Y' in Ludhiana. 'Y' may sue 'X' at:

A. Chandigarh only

B. Ludhiana only

C. Anywhere in India

D. Either in Chandigarh or in Ludhiana

E. None of the above

Answer: Option D

Solution (By Examveda Team)

Defamation: Defamation is the communication of a false statement that harms the reputation of another person. It can be in the form of libel (written) or slander (spoken).

Jurisdiction in Defamation Cases: The place where a defamation suit can be filed depends on where the defamatory statement was published (for libel) or spoken (for slander), and where the harm to reputation occurred.

Explanation: In this case, X published a defamatory statement about Y in Ludhiana, even though X resides in Chandigarh. The publication of the defamatory statement in Ludhiana is the key event.

Correct Option: D Y may sue X either in Chandigarh (where X resides and published the statement from) or in Ludhiana (where the statement was published and the harm occurred). This is because the publication of the statement occurred in both locations, offering two valid jurisdictional bases for the case.

Why other options are incorrect:
Option A: Chandigarh only - Incorrect because the key event of publication of the defamatory statement was in Ludhiana.
Option B: Ludhiana only - Incorrect because X also resides in Chandigarh, and the statement could have been prepared/published from there, offering an alternative jurisdictional basis.
Option C: Anywhere in India - Incorrect, although Indian courts have wide jurisdiction, the most reasonable place to sue would be where the act of defamation occurred - which gives both Ludhiana and Chandigarh as possibilities.
Option E: None of the above - Incorrect, as option D correctly identifies the valid jurisdictional options.

This Question Belongs to Law >> Indian Penal Code

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