Section 9 of Defamation Ordinance

 Section 9 of Defamation Ordinance, 2002, which dealt with remedies, could be split and segregated into two parts: the first was relatable to tendering of apology and statutory damages which the court could allow, for which no court fee was payable; second part of the section however starting with the expression "and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction of the court", was an added right of the party, giving him a choice and option to claim special damages from the special forum or to resort to civil suit---Said remedy (of special damages) available to the person approaching the "Court" was in the nature of a civil suit and the claim shall attract the payment of ad valorem court fee under S.7(1) of the Court Fees Act, 1870

(PLD 2015 Supreme Court 134)

Post a Comment

0 Comments

close