mhc advt: How can a trust file for defamation ? It has no soul or mind to get injured.It is not an entity.

[12/2, 19:30] Sekarreporter: [12/2, 19:29] Sekarreporter: [12/2, 18:10] mhc advt: How can a trust file for defamation ? It has no soul or mind to get injured.It is not an entity.
[12/2, 18:26] Sekarreporter: Trustee rs Barathi sir filed
[12/2, 19:29] Sekarreporter: [12/2, 18:34] K. Chandru Former Judge Of Highcourt: Read the judgement of Packiaraj j ‘s judgement in the case filed by AIADMK for defamation!!for everything both kazhagams got enough precedents left by either of them!!
[12/2, 18:40] Sekarreporter: [12/2, 18:10] mhc advt: How can a trust file for defamation ? It has no soul or mind to get injured.It is not an entity.
[12/2, 18:26] Sekarreporter: Trustee rs Barathi sir filed
[12/2, 18:41] K. Chandru Former Judge Of Highcourt: Must read before doubts are raised!!
[12/2, 19:36] Sekarreporter: [12/2, 19:33] mhc advt In the above case , AIADMK did not file the case.
[12/2, 19:34] mhc advt : This is the judgement quoted by justice Chandru
[12/2, 20:09] Sekarreporter: [12/2, 19:50] K. Chandru Former Judge Of Highcourt: Read para 24 of the judgment!you will understand the import of it.The order was passed in a quash petn.person defamed was Jayalalitha.the argument was how it affects psrty members who filed the complaint u/s 499 IPC.?The answer lies in para24.in the present case the affected trust runs commercial venture.the defamatory statements affects its reputation and consequently its business!மனசிலாயோ?
[12/2, 20:06] Sekarreporter: 🙏
[12/2, 20:09] Sekarreporter: [12/2, 19:44] Lita Srinivasan Two: 67. Concerning the plea of locus standi as raised by the defendants, I would like to refer to the verdicts as found exemplified in the following four English decisions, namely,
(i)MORRIS V. PERROTT, (1945) ALL ER 567 (CA)
(ii)SOUTH HETTON COAL CO. V. N.E.NEWS ASSON., (1894) 1 QB 133(CA);
(iii) COMPANY OF SELBY BRIDGE V. SUNDAY TELEGRAPH,(1966)CLY 6973; AND
(iv) LEWIS V. DAILY TELEGRAPH,(1963) 2 ALL ER 151 CLY 6973.
the gist and kernal of those decisions as found exemplified in the famous treatise ‘Durga Das Basu Law of the Press'(Fourth Edition 2002) at page Nos.318 and 319 would run thus:
“2. But a corporation can sue for defamation when it affects its business and property, and that even though the charge is levelled against individual members. In order that a corporation may sue for a defamation two conditions must exist:(a) The statement must be of such a nature that it would be defamatory if directed against an individual. (b) It must also be of such a nature that its tendency is to cause actual damage to the corporation in respect of its property and business. Thus, a libel charging a trading corporation with insolvency or with dishonest or incompetent management is actionable at the suit of the corporation. 3. If it is shown that the libel has a tendency to damage the trading reputation of the plaintiff corporation, it is not required further to prove actual loss. In other words, it is entitled to be compensated for inquiry to its ‘goodwill’ though there may not have been any actual loss of income.”
(emphasis supplied)
[12/2, 19:44] Lita Srinivasan Two: https://indiankanoon.org/doc/1119941/
[12/2, 19:52] Lita Srinivasan Two: Rajasurya j judgement in relation to a trust .. defamation case can be filed by a trust . The citation as well as para 67 is extracted n posted

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