FIR FILED BY PARTHA CHATTERJEE [LAW OFFICER HMC] AGAINST ADVOCATES FIR FILED BY ABHIJIT BANERJEE [ PHOTOGRAPHER] AGAINST ADVOCATES FIR FILED BY SUDESHNA DAS ADVOCATE AGAINST MUNICIPALITY WORKERS
Month: April 2019
Table of Contents Preamble Chapter 1 General Provisions Article 1 Objectives Article 2 Geographical Scope of Application Article 3 General Definitions Article 4 Transparency Article 5 Administrative Procedures Article 6 Review and Appeal Article 7 Measures against Corruption Article 8 Environmental Protection Article 9 Confidential Information Article 10 Taxation Article 11 Exceptions Article 12 Relation to Other Agreements Article 13 […]
AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN ANNEX 2-A TARIFF ELIMINATION AND REDUCTION (PDF) ANNEX 2-C MOTOR VEHICLES AND PARTS (PDF)Open a New Window APPENDIX 2-C-1 UN REGULATIONS APPLIED BY BOTH PARTIES (PDF)Open a New Window APPENDIX 2-C-2 UN REGULATIONS APPLIED BY ONE OF THE PARTIES AND NOT YET CONSIDERED BY THE OTHER PARTY (PDF)Open a New Window ANNEX 2-D […]
Promulgated on November 3, 1946 Came into effect on May 3, 1947 We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be […]
Japan Tuesday, April 30, 2019. The government of Japan has officially approved the abdication ceremony of Emperor Akihito. This provides the legal basis to allow him to step down from the throne after a one-off law was passed to allow him to retire. Chief Cabinet Secretary Yoshihide Suga headed the panel which decided to also have a ceremony at the […]
![Freedom of press is not absolute, it has to respect public order, decency, privacy of individual and morality [KHC]](https://advocatetanmoy.com/wp-content/uploads/2017/12/kerala.jpg)
JACOB MATHEW AND ANOTHER Vs. MANIKANTAN ALIAS G. MANI AND ANOTHER -The question emerging for consideration is whether the publication of photographs, in the circumstances under which they were published, with regard to the sequence of events depicted by such publication, would give rise to criminal act/acts constituting the offences imputed against the petitioners, the publisher and printer and also the editor of the daily [ KERALA HIGH COURT ]
Now coming back to the news item, it is clear from an impartial reading of the same that reference is made only to direct marketing agencies in general and not to any particular individual or concern. Of course, there is no need to refer to any person or concern specifically and it would be enough if the imputation is made in the form of an alternative or if the same is expressed ironically. The reference need not even be explicit and if the description and attendant circumstances suggest with a fair certainty, the identity of the person intended, the offence will be attracted. But at the same time, it is settled by now that the defamatory matter to be actionable, it must be such that it contains an imputation concerning some particular person or persons whose identity can be established.
![In controversy as to whether the material complained of is defamatory or not, the Court will first decide, as a question of law [ RHC]](https://advocatetanmoy.com/wp-content/uploads/2018/11/rajasthan-high-court.jpg)
SECRETARY, N.C.E.R.T. Vs. DR. P. D. BHATNAGAR – The question whether an imputation or accusation is defamatory or not is a mixed question of law and fact. If there is a controversy as to whether the material complained of is defamatory or not, the Court will first have to decide, as a question of law. as to whether the said material is capable of being understood in a defamatory sense. If the court decides this question in the affirmative, it will then, and then only, proceed to determine whether, the said material containing a defamatory potential had in fact harmed the reputation of the complainant, within the ambit of the definition of such harm as given in Explanation 4. If the material is defamatory parse, for example, where the accused imputed commission of a felonious crime to the complainant, there is no difficulty in deciding the question of law mentioned above. The court will at once answer it saying that the imputation of commission of felony by the defendant is capable of being understood in no other but a defamatory sense. In such a situation, the court would be justified in straight away taking the parties to evidence with a view to determining as a question of fact, whether the said imputation had harmed the reputation of the complainant within the four corners of Explanation 4. If on the other hand, the words of the alleged imputation are ambiguous, it becomes a question of some difficulty for the court to decide whether those words are capable of being understood in a defamatory sense. If the court decides in the context of a particular complaint that the words in question are reasonably capable of bearing a defamatory meaning, it is only thereafter that it will address itself to the question of fact regarding harm to the reputation of the complainant [ RAJASTHAN HIGH COURT ]
a Public Prosecutor can file a complaint in writing in the Court of Session directly with respect to an offence u/s 500 I.P.C. committed against a public servant in respect of his conduct in the discharge of his public functions. Sub-section (3) of section 198B provides that no complaint under sub-section (1) shall be made by the Public Prosecutor except with the previous sanction of the Government concerned for the filing of complaint u/s 500 I.P.C.
V. SUBAIR Vs. P.K. SUDHAKARAN – In a free society, the press enjoys an important position and plays a vital role. It may articulate the yearnings and aspirations of the inarticulate and give voice and visage to them. A muffled or muted media cannot discharge the trust that it holds. But, the liberty of press, by its history and connotation must be deemed to have certain limitations. It has to keep within these bounds, and not transgress frontiers of decency and propriety. Vituperative exercises, or yellow journalism, cannot pass muster under the guise of freedom of press, no more than shilling shookers, or salacious press can masquerade, as literary works. The freedom of press is no more important, than the good name of the press. It must set the right tune.[ KERALA HIGH COURT ]
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