| Case ID |
1aa73293-830d-4e53-9a9f-c3e5b1351fc1 |
| Body |
View case body. Login to View |
| Case Number |
R.F.As. Nos.54 and 55 of 1998 |
| Decision Date |
May 02, 2006 |
| Hearing Date |
May 02, 2006 |
| Decision |
The Peshawar High Court dealt with a case of defamation where the plaintiff, Abdullah Jan, claimed damages for a defamatory statement published in newspapers alleging that he had grabbed property belonging to widows and orphans. The trial court initially awarded Rs.20,00,000 in damages, but upon appeal, the High Court found that the plaintiff had failed to provide convincing evidence of his good reputation and the impact of the defamatory statement. Consequently, the court reduced the damages to Rs.20,000. The court emphasized the importance of proving damages in defamation cases and noted that a mere assertion of defamation without sufficient evidence of harm to reputation is insufficient for a higher award. |
| Summary |
In the case of R.F.As. Nos.54 and 55 of 1998, the Peshawar High Court addressed a significant issue of defamation law involving allegations against Abdullah Jan, who was accused of appropriating property belonging to vulnerable individuals such as widows and orphans. The case revolved around the publication of defamatory statements in prominent newspapers, which led to a legal battle over damages. Initially, the trial court ruled in favor of the plaintiff, awarding substantial damages. However, upon appeal, the High Court scrutinized the evidence presented and determined that the plaintiff failed to adequately demonstrate the impact of the defamatory statements on his reputation. The court's decision to reduce the damages highlighted the necessity for compelling evidence in defamation claims, reaffirming that mere allegations are not sufficient for high damages awards. This case serves as a crucial reference point in understanding the balance between freedom of speech and protection against defamation in the legal landscape. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QAIM,
JAN KHAN,
EJAZ AFZAL KHAN
|
| Lawyers |
Mian M. Yunis Shah,
M. Alam,
S. Yunis Jan
|
| Petitioners |
ABDULLAH JAN
|
| Respondents |
M. JAMIL SHAH
|
| Citations |
2006 SLD 2208 = 2006 CLC 1284
|
| Other Citations |
Ajit Singh v. Radha Kishen AIR 1931 Lah. 246,
Province of Punjab through Collector Bahawalpur, District Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692,
Haji Rehmdil v. The Province of Balochistan and another 1999 SCMR 1060
|
| Laws Involved |
Not available
|
| Sections |
Not available
|