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| Court rejects objections filed by newspaper | | Suit filed by HM | | Early Times Report
Jammu, Oct 19: Principal District Judge Jammu has rejected the objections filed by the Editor a local Daily Newspaper in a defamation case in which Health Minister Sham Lal Sharma has filed a suit to its Editor for recovery of Rs 10 cr as damages against the newspaper. The case has been filed by the Health Minister against the Editor for publishing a news story in the newspaper , the contents of which have been strongly contested by the former as malicious, false and defamatory.
In the order issued in the matter on October 18, the Court has observed that after scanning the application filed by the defendant(Editor), as also the notice that was served to the newspaper before filing the suit, the defendant has nowhere denied that the news item did not pertain to Health Minister. Pertinent to mention here is that the news item was published in February this year in which it was alleged that some politcians have encroached land worth crores of rupees in some particular areas of Jammu and Akhnoor.
In the order the court while rejecting the application and objections , has further observed that even as newspaper Editor has pointed out that the alleged news item was of a general nature and has not been attributed to the plaintiff neither the plaintiff in anyway , in such like circumstances, after the reply of notice is received by the plaintiff, the latter has given a cause of action to him. Though defendants have further stated that no cause of action has accrued to the plaintiff and sought the rejection of the plaint, the plaintiff has a cause of action on the basis of a news item and the reply received from the defendant with regard to the notice issued prior to filing the case, the order observed. The defendants shall file written statements subject to the objection raised by the counsel for plaintiff to bring on record the written statements beyond the statutory period. The next date of hearing in the matter has been put on October 31. |
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