Present vs For The
2022 Latest Caselaw 568 Tri

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                         HIGH COURT OF TRIPURA
                              AGARTALA

                          RSA NO.23 OF 2022

             HON'BLE MR. JUSTICE T. AMARNATH GOUD

Present:
For the Appellant(s)         : Mr. S. Lodh, Advocate.

For the Respondent(s)        : None.

31.05.2022

Order

Heard Mr. S. Lodh, learned counsel appearing for the appellants.

This appeal is admitted for hearing on the following substantial

questions of law:-

"i. Whether the suit can be decreed without proving the fact that plaintiff respondent suffered any damage due to the publication of the news on 27.07.2005 in daily newspaper 'Dainik Sambad' and the Editorial Column of 'Dainik Sambad' dated 28.07.2005?

ii. Whether defendant appellants are duty bound to publish press release which is made by the Hon'ble Opposition leader based on true facts?

iii. Whether learned Trial Court as well as learned First Appellate Court could pass a decree in favour of the plaintiff respondent without determining the loss suffered by the plaintiff respondent due to publication of the news item dated 27.07.2005 and Editorial Column dated 28.07.2005 in daily newspaper 'Dainik Sambad'?

iv. Whether the judgment and decree passed by the learned Trial Court as well as the First Appellate as plaintiff respondent failed to prove that the allegations made in the press release and the news item dated 27.07.2005 and Editorial Column dated 28.07.2005 in daily newspaper 'Dainik Sambad' are not true?

v. Whether the single suit is maintainable against two news items published on different dates i.e. News item dated 27.07.2005 and Editorial Column dated 28.07.2005 published in Daily newspaper Dainik Sambad, when cause of action is different? "

Call for the records of the Court below.

Issue usual notice upon the respondents.

Notice is made returnable within 4(four) weeks.

Steps to be taken within seven days by registered post with A.D.

The appellant is also at liberty to take out personal notice on the

respondents by way of registered Post with A/D and file proof of

service.

Prepare the paper book and supply the same of the learned

counsels appearing for the parties following the due procedure of law.

List this matter along with RSA No.13 of 2022.

JUDGE

suhanjit