https://www.taxtmi.com/caselaws?id=275520 A civil defamation suit based on allegedly defamatory objections before a revenue authority could not be dismissed as not maintainable merely on a vague plea of absolute privilege and absence of cause of action. The Court held that foreign common law notions of absolute privilege could not be treated as a statutory bar in India, and that a preliminary dismissal requires a clear legal foundation disclosed on the plaint. It also held that Order XIV Rule 2 permits preliminary determination only of a pure question of law relating to jurisdiction or a statutory bar; once issues had been framed and evidence had begun, maintainability should not have been taken up as a preliminary issue. The dismissal was set aside and the suit restored for trial. en-us Thu, 09 Mar 2017 00:00:00 +0530 Sat, 06 Oct 2018 09:56:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275520 A civil defamation suit based on allegedly defamatory objections before a revenue authority could not be dismissed as not maintainable merely on a vague plea of absolute privilege and absence of cause of action. The Court held that foreign common law notions of absolute privilege could not be treated as a statutory bar in India, and that a preliminary dismissal requires a clear legal foundation disclosed on the plaint. It also held that Order XIV Rule 2 permits preliminary determination only of a pure question of law relating to jurisdiction or a statutory bar; once issues had been framed and evidence had begun, maintainability should not have been taken up as a preliminary issue. The dismissal was set aside and the suit restored for trial. Case-Laws Indian Laws Thu, 09 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275520