AIR 1937 RANGOON 192

Rangoon High Court

Hon'ble Judge(s): Mosely , J

Criminal P.C. (5 of 1898) , S.545(1)(b), S.545(1)(a)— In civil suit, K, in his evidence making defamatory statement against 8 that D arranged to sell K's ore to S and borrowed money from S-Compensation for such defamation cannot be recovered in civil suit - S. 545 (1) (b) does not apply but sub-s. (1) (a) applies. In a civil suit by D against K for his dismissal K in his evidence made a defamatory statement, not believing in good faith to be true, that he dismissed D, because D had arranged to sell K's ore to S and had borrowed money from S on the strength of this. This statement was made in cross-examination and again in re-examination voluntarily: Held : that compensation for such defamation could not be recovered in a civil Court and so S. 545 (1) (b), Criminal P. C., did not apply, but it was a fit case under sub-s. (1) (a): AIR 1921 Cal 1 and AIR 1931 Rang 81, Rel. on.(Para 192C2)