https://www.taxtmi.com/caselaws?id=383437 A statutory special notice and explanatory material circulated for consideration of a director's removal was treated as part of an internal corporate process, not an independent defamatory publication; the Court found the absence of the requisite mens rea and concluded that no prima facie offence of criminal defamation was disclosed. The order issuing process was also found unsustainable because the Magistrate relied mainly on the complaint and select documents without a meaningful inquiry or clear judicial application of mind to the statutory context and the available representation, including the jurisdictional concerns raised. The process order was therefore set aside and the criminal proceedings terminated. en-us Mon, 22 Jul 2019 00:00:00 +0530 Wed, 24 Jul 2019 07:40:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=383437 A statutory special notice and explanatory material circulated for consideration of a director's removal was treated as part of an internal corporate process, not an independent defamatory publication; the Court found the absence of the requisite mens rea and concluded that no prima facie offence of criminal defamation was disclosed. The order issuing process was also found unsustainable because the Magistrate relied mainly on the complaint and select documents without a meaningful inquiry or clear judicial application of mind to the statutory context and the available representation, including the jurisdictional concerns raised. The process order was therefore set aside and the criminal proceedings terminated. Case-Laws Companies Law Mon, 22 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383437