Fair comment does not extend to defamatory comments .. : Luthra reads.
This is with regard to TG Goswami. I want to show what is bad faith.. removing the tweet when the matter was sib judice was bad faith: Luthra
Saying that my client @mjakbar had resigned when he hasn't shows it was motivated.. calling him media's biggest predator shows bad faith : Luthra
You wee trying to play to social media is in bad taste.. splitting the article without putting to my witness or theirs is an artificial defense : Luthra
Luthra argues that Priya Ramani's conduct shows nothing but bad faith.
Not one word of truth has been shown as defense..none of the defense are available and onus is on her : Luthra
It is not in public interest. There was no interest in publication. Each and every act including the removal of Twitter, not allowing me to show some of the Twitter comments.. everyone understands Vogue article as one.. is completely malafide : Luthra
She said I was intentionally misreading the Vogue article. You are creating an artificial fiction that doens't exist : Luthra
She says the onus (to prove Hotel meeting) is on me.. it is completely, completely incorrect: Luthra
Luthra reiterates that it was Nilofer, Ramani's friend, who was an interested witness.
With regards Ghazala Wahab, I want to say what is teh connection? I filed the defamation case against Priya Ramani. She has to show the truth of the Vogue article: Luthra
I missed a line in TG Goswami that it doens't matter what any other person is saying: Luthra
Luthra reads TG Goswami judgement.
For the accused to say or prove that accusation was one which he generally heard from others is no justification: Luthra
This answers each and every point of theirs : Luthra
I am now reading section 6 Evidence Act (on Res Gestae) how my friend has relied on it? : Luthra
Luthra reads the section.
The period is 1993 according to her..she says Nilofer message to her in 2018..25 years later is part of Res Gestae.. how is this relevant? You are two friends who talk to each other every day: Luthra
These are unconnected 25 years. These are hearsay. They don't say she's a witness. You can't do violence to teh definition of Res Gestae: Luthra
When I read further cross, I will show that her version which in any case is unbelievable and unsupported by contemporaneous evidence.. is trying to say that I called up Nilofer after two hours of the incident. It is not Res Gestae: Luthra
Luthra reads a judgement of principle of Ges Gestae.
It an exception to the general rule on inadmissibility of hearsay.. but there is no spontaneity in this case. No one has ever interpreted section 6 in this manner : Luthra
It is an*
It is necessary that such statement must be a part of the same transaction or have been made contemporaneous with the action .. if there is an interval, however slight, sufficient enough for fabrication then the statement is not part of Res Gestae: Luthra
They have two witness. Ghazala Wahab came and said a story unconnected with the case. Nilofer have a hearsay statement. She is an interested witness. The WhatsApp conversation is neither primary nor secondary evidence: Luthra
With regards DW1 (Priya Ramani), there is no proof of truth or credibility.. contradictory and destroying evidence.. : Luthra
In the present case, I have shown witness after witness to whom no questions were on @mjakbar reputation not being impeccable: Luthra
Reputation is not questioned.. but in the arguments this defense is taken .. it not laid down in chief. Many of their defense are I'll founded : Luthra
Ill founded*
..you can't make allegations on social media without any care and caution or responsibility after 20-30 years.. after having said that for the first time that it was a fictitious piece of article and @mjakbar didn't do anything, you call him media's biggest predator: Luthra
Luthra reads Ramani's cross examination.
Witnesses don't say it is two articles in one : Luthra
Luthra continues to read the cross examination.
It shows scant regard for truth, due care and caution .. : Luthra on premature tweet on Akbar's resignation.
I haven't said that there is a legal requirement ..I said there is a norm..ethics of journalism: Luthra on verification prior to publication
How honest is your mistake when you don't issue a corrigendum?: Luthra
What kind of integrity, honesty and credit worthiness is this : Luthra
Luthra continues to read Ramani's cross examination.
Luthra argues that Ramani has raised contradictory defense.
She said it was from another article then says it is my own writing: Luthra on the second half of the Vogue article which Ramani said referred to Harvey Weinstein.
Luthra continues to read.
Luthra reiterates that no call record are given by Ramani to prove her case.
Nilofer has been her friend for 30 years and she says my witnesses are interested: Luthra
There is lack of truth..deliberate! These people in this day and age are WhatsApping : Luthra on Ramani's statement that she didn't know if screenshots came with the text box.
Your secondary evidence is false. No amount of Sec 65B evidence can cure it. It is fabricated and tampered. Primary is not on record : Luthra.
The screenshot in question is the WhatsApp conversation between Ramani and Nilofer on the night of the October 8, 2018 tweet.
Luthra reiterates that Ramani lacks complete probity.
She has still not activated her Twitter account: Luthra
If we go by TG Goswami, if it is defamatory, it is defamatory. In TG Goswami, they had said there was no reputation: Luthra
Here there was no such whisper: Luthra
This is act of falsifying things.. you know the difference between norms and legal requirements. Normally we do an investigation but you didn't. You plagiarised. You don't attribute: Luthra
The consistent thread in the Vogue article is "you". You say in first sentence that "you" is @mjakbar .. it can't be referring to Mr B in second and Mr Lincoln in third.. : Luthra
Luthra shows a sample WhatsApp screenshot to Court.
Your Honor can see the text box in the end : Luthra
Luthra urges the Court to see the WhatsApp screenshot given by Ramani.
Yes..it starts with OMG OMG: Court
This image doens't have a text box : Luthra
Got it : Court
Luthra reads Nilofer's statament before Court.
Luthra points out that Ramani had provided the link of the Vogue article.
What do we know what she was thinking: Luthra as she reads Nilofer's statament saying that she was thinking about when Ramani would speak up about @mjakbar
Luthra points out that while earlier the incident was said to be from November-December 1993, Nilofer said it was December 1993.
There is improvement: Luthra
Both people have photographic memory but don't remember the day: Luthra
"The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would NOT fall in the definition of ‘sexual assault’.
“As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration”, the Court stated while acquitting him under the POCSO Act.
After getting discharged from the JJ Hospital, Mumbai today, ex-CEO of BARC @parthodasgupta’s lawyers moved the #BombayHighCourt seeking urgent transfer to a private hospital on the grounds that he was still unfit to be discharged.
Justice PD Naik who heard the plea in his chambers after court working hours refused to intervene and grant any interim relief.
Chief PP Deepak Thakare submitted to the Court that @parthodasgupta was being discharged because he was fit and would be examined by the prison officials before taking him in.
The court has directed the State to submit the medical report on Monday.
Yesterday, a Division Bench of Justices Rajiv Sahai Endlaw and Sanjeev Narula had asked the parties to come up with interim arrangement for functioning of the firm and for the benefits of its clients.
#MadrasHighCourt requests Advocate General to look into suggestions that may be made by Party-in-Person and temple activist Rangarajan Narasimhan on how the functioning of the HR&CE Department can be improved for the welfare of temples in Tamil Nadu.
While making submissions in a PIL moved against State's decision to use temple land in Kallakurichi for the construction of a collectorate building, Narasimhan had raised a larger grievance that the HR&CE Department is not taking care of temples in Tamil Nadu.
Responding to submissions that the State's construction activities would end up lands becoming "concrete jungles", #MadrasHighCourt CJ Sanjib Banerjee orally observes,
"The way we're procreating, we will leave very little green land in 50 years’ time."
Justice Ashok Bhushan led bench of the #SupremeCourt to shortly hear plea filed by former IPS officer Sanjiv Bhatt to suspend his sentence in a custodial death case of 1990. #custodialdeath
The incident pertained to the time when Sanjiv Bhatt was the Assistant Superintendent of Police, Jamnagar. Bhatt had taken over 100 persons into his custody for an incident of rioting in the area #SupremeCourt
Lawyer seeks an adjournment as instructing counsel is not present
Senior Adv Mahender Singh: Last time it was Senior not there and today this. This pendency is being used in trial court