The Workers' Union of Brave Ltd. went on a strike demanding increased wages and welfare measures and during the course of the strike, publicized the news through videos captured covering the ongoing agitation against the
CS Executive · Company Law · PYQS · December 2019
The Workers' Union of Brave Ltd. went on a strike demanding increased wages and welfare measures and during the course of the strike, publicized the news through videos captured covering the ongoing agitation against the Company. Brave Ltd. filed a suit for defamation against the Workers' Union seeking injunction against such publicity. Can the Company succeed?
Answer & Explanation:
A Company, being an artificial person, has a right to sue and be sued. They have right to seek damages where a defamatory material published about them, affects their business. However, where the material published does not defame the company, they do not have any right to restrain the other party from publicizing such material. In the case of TVS Employees Federation Vs TVS & Sons Ltd , where the video cassettes were prepared by the workmen of the company showing their struggle against the company's management, it was held to be not actionable unless shown that the contents of the cassette would be defamatory. Hence in the above case, the Brave Ltd. cannot succeed.
Topics: Legal Position of Company
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