Mahip Singh v. Dawan Singh (1888)

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FACTS OF THE CASE

 In this case, a suit was filed by Mahip Singh against Dawan Singh. The relevant facts of the case are as Mahip Singh had its case being proceeded in court on an earlier basis. In that case Dawan Singh appeared as a witness. During the examination, a statement of Dawan Singh (witness) was recorded and Mahip Singh got affected by the statements given by him and started abusing. He made imputations against his mother. Moreover, he ceased to eat with Mahip Singh, in return of which Mahip Singh was greatly defamed. 

ISSUES

1. Whether the defendant abused the plaintiff?
2. Whether the suit lies for slander?

ARGUMENTS 

Defendant, in his statement stated that any abusive language was not used by him against Mahip Singh and all the allegations were fake. It was also argued that there was enmity between both of them which resulted into these types of false allegations of defamation. Plaintiff side argued that he was dishonored by the statements of Dawan Singh. There occurred a loss in his respect. The Munsif asked Dawan Singh the question, ‘What is the reason that so respectable a man (as the witness) came to tell a lie”. Also, the question of slander was also argued during the proceedings.

JUDGEMENT

After hearing of arguments of both sides, the decree was passed in favor of the defendant and it was proved that there was no defamation by the defendant. There was no loss of honor of plaintiff. The reasoning was given that a witness in a Court of justice is absolutely privileged as to anything he may say as a witness.

The appeal was dismissed with costs.

REFERENCES

https://indiankanoon.org

https://ww.scconline.com

This Article is written by Palak Kumari of Maharaja Agrasen Institute of Management Studies, Intern at Legal Vidhiya.

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