Posted On by &filed under High Court, Madras High Court.

Madras High Court
Konee Subhadra vs Subbarayadu on 9 February, 1900
Equivalent citations: (1900) 10 MLJ 83


1. We are of opinion that the decree of the District Judge is Wrong, and must be set aside. The plaintiff in the course of a quarrel with a dancing girl is apostrophised by her. The word used by the defendant was one which might-convey an evil imputation if it was used for that purpose. As used, however, in the course of heated language, it could not bear any such meaning. It was used merely as vulgar abuse. The District Judge has, assumed that, if the word could in any circumstances convey an evil imputation, it necessarily must do so. That is not the law. Where the words were used as in this case, it is clear that they are not actionable. We reverse the decree of the District Judge and restore that of the Munsif with costs in this and the Lower Appellate Court.

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