| Case ID |
3a7d79c1-1f0c-4561-b585-99a460f6f4f0 |
| Body |
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| Case Number |
First Appeal from Order No.16 of 2013 |
| Decision Date |
Apr 22, 2013 |
| Hearing Date |
Apr 22, 2013 |
| Decision |
The Lahore High Court dismissed the appeal filed by Shah Jehan against the judgment and decree of the Additional District Judge, Peshawar. The court upheld the decision to strike out the names of certain defendants from the case and returned the plaint for want of jurisdiction. The court found that the suit for general damages for malicious prosecution and tortious acts should have been filed in an ordinary court of original jurisdiction rather than before a special tribunal under the Defamation Ordinance, 2002. Thus, the appeal was deemed devoid of merit and was dismissed. |
| Summary |
In the case of Shah Jehan vs Feroz Shah, the Lahore High Court addressed the intricacies of the Defamation Ordinance (LVI of 2002) and the Civil Procedure Code (V of 1908). Shah Jehan filed an appeal against a prior judgment that rejected her suit for damages due to malicious prosecution. The court ruled that the Defamation Ordinance was a specialized law aimed at addressing defamatory statements in both electronic and print media. It clarified that only defamation claims arising from such publications are actionable under this ordinance. The court emphasized the importance of jurisdiction, stating that general tort claims should be pursued in regular courts, not special tribunals. This ruling underscores the necessity for plaintiffs to file their suits in the correct forum to avoid jurisdictional issues, reaffirming the legal principles surrounding defamation and procedural compliance. The case highlights the significance of understanding legal frameworks and the procedural requirements for claiming damages in defamation cases, making it a crucial reference for legal practitioners. Keywords: Defamation Ordinance, Civil Procedure Code, jurisdiction, malicious prosecution, tortious acts, legal frameworks, damages claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
MALIK MANZOOR HUSSAIN
|
| Lawyers |
Arshad Jamal Qureshi
|
| Petitioners |
SHAH JEHAN
|
| Respondents |
others,
FEROZ SHAH
|
| Citations |
2013 SLD 896,
2013 CLC 1724
|
| Other Citations |
Not available
|
| Laws Involved |
Defamation Ordinance (LVI of 2002),
Civil Procedure Code (V of 1908)
|
| Sections |
Preamble,
3,
4,
8,
9,
11,
O.I, R.10,
O.VII, Rr.11,
10
|