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Mst. Bibi Saira vs P.O Sindh through Secretary, Home Department, Govt — 2024 MLD 1729 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1729 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Mst. Bibi Saira vs P.O Sindh through Secretary, Home Department, Govt
Subject matter
Civil
Provisions referred to
S. 96---S; S. 5; S. 4; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. Bibi Saira VS P.O Sindh through Secretary, Home Department, Govt. of Sindh Karachi Ss.2, 3, 4 & 5---Civil Procedure Code (V of 1908), S.96---Suit for recovery of damages---Libel---Defamation of respondent and his son in the form of libel by publishing serious malicious allegations on Facebook and TV News Channel causing harm to their reputation, dignity and honour in the society and respondent's department---Admission on part of the appellants as to libel---Lack of counter evidence in support of defamatory acts---Effect---Contention of the appellants was that suit had been filed by respondent as a counterblast of a decree for recovery of dowry articles in favour of the appellants---Validity---Contents of the statement or interview that was subsequently broadcast on a news channel and posted on a social media account (specifically, a Facebook ID), was deemed sufficient to prove defamation---Defamatory substance had not been refuted by the opposing party---Actions of the appellants constituted an actionable wrong under the Ordinance, 2002---Violation of the Ordinance had been proved especially when the appellants had failed to present any defence plea stipulated in S.5 of the Ordinance, therefore, no formal or additional proof of the defamatory material was required---Appellants did not identify any discrepancies in the record---Upon the establishment of libel, the presumption of injury or damage to one's reputation and goodwill was an axiom of jurisprudence, now codified within S.4 of Ordinance---Once defamation is substantiated, the law invariably infers detriment, injury and diminution to the reputation, goodwill or standing of an individual, their profession, or products, as applicable---High Court dismissed the appeal accordingly.

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