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Majju and anr. Vs. Lachman Prasad and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All535; 84Ind.Cas.702
AppellantMajju and anr.
RespondentLachman Prasad and anr.
Excerpt:
defamation - privilege, absolute and qualified--report made to police--burden of proof--pleadings--duty of court--point not pleaded, whether can be raised. - - 1. i should like to say that the matter of law raised by the appeal has been very fully argued by mr. haider in a very interesting discussion. in this case, and the next one which we are about to hear, it seemed to me, when i happened to be acting as chief justice and was looking into my duty as regards the constitution of the bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the full bench which has been referred to and the fact that i was a member of that full bench, to have a decision of three judges. haider's interesting, argument......i merely want to add my reason for constituting the bench as i did in this case, because mr. haider raised a sort of indefinite protest against it. in this case, and the next one which we are about to hear, it seemed to me, when i happened to be acting as chief justice and was looking into my duty as regards the constitution of the bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the full bench which has been referred to and the fact that i was a member of that full bench, to have a decision of three judges. i remain of the same opinion after hearing mr. haider's interesting, argument.ryves, j.2. in my opinion the judgment of my learned brother was correct and i would dismiss the.....
Judgment:

Cecil Henry Walsh, Acting C.J.

1. I should like to say that the matter of law raised by the appeal has been very fully argued by Mr. Haider in a very interesting discussion. I merely want to add my reason for constituting the Bench as I did in this case, because Mr. Haider raised a sort of indefinite protest against it. In this case, and the next one which we are about to hear, it seemed to me, when I happened to be acting as Chief Justice and was looking into my duty as regards the constitution of the Bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the Full Bench which has been referred to and the fact that I was a member of that Full Bench, to have a decision of three Judges. I remain of the same opinion after hearing Mr. Haider's interesting, argument.

Ryves, J.

2. In my opinion the judgment of my learned brother was correct and I would dismiss the appeal.

Dalai, J.

3. I agree.

4. By the Court. The order of the Court is that the appeal is dismissed with costs on the higher scale.


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