Law Log Brief: Insights and Analyses

  Synopsis This piece critically analyses the existing defamation laws in India and explores their implications on the cherished value of free speech. Defamation, as a multifaceted legal concept, plays an essential role in safeguarding individual reputation within the realm of freedom of speech. The delicate interplay between the right to express oneself and the need to protect one's reputation is crucial for maintaining a just and harmonious society. Through a comprehensive examination of defamation laws in India, this article looks into their intricate implications on freedom of speech, highlighting their potential chilling effect on robust public discourse. The article discusses landmark Supreme Court cases that have shaped defamation jurisprudence in India, addressing the balance between freedom of speech and the right to reputation. It also explores the historical evolution of defamation laws in India, their relationship with constitutional rights, and their comparison with de...

  Introduction In 2005, the  Bombay High Court  delivered its judgement  Sicom Limited v. Padmashri Mahipatrai J. Shah and Ors interpreting  S. 127 of the Indian Contract Act, 1872 (“ICA”)  to decide whether a guarantee executed after the financial assistance has been provided to the principal debtor by the creditor, constituted valid a consideration or whether it lacked consideration and was therefore invalid?.  Section 127 of ICA employs the phrase “ anything done ”, implying that actions taken in the past may constitute valid consideration for a guarantee contract. However, this provision conflicts with its third illustration, which unequivocally excludes past consideration in guarantee agreements. This internal discrepancy has resulted in  divergent judicial interpretations within Indian courts.  Some decisions such as  Aniruddha Mitra  and  Avinash P. Bhonsle  emphasise the literal language of the main section, w...