Search results for ‘SC 1992

Publishing scurrilous and defamatory articles in newspaper is not the job of a journalist [BHC]

SHRI DNYANDEVRAO TATYRAV WAGHMODE Vs. ALLABAKSHA GULAB NADAF AND OTHERS – The role of the journalist is far more noble. The media is called the fourth estate. But this type of misuse of the fourth estate is really deplorable. Once upon a time, journalists like Lokmanya Bal Gangadhar Tilak used this media for awakening the conscience of the people during the British Raj and for social, political and other worthy causes. Right to information is a fundamental right of the people, but this type of yellow journalism has to be condemned and those who resort to this type of cheap publicity and those who use their newspaper for blowing their own trumpet or for condemning and defaming others should be condemned themselves by the people. Using temperate, restrained and sophisticated language, which is at the same time effective and reaches and touches the soul of those who read it, is the key of success in the field of journalism. There are very few, who are endowed with these qualities. Newspapers like ‘Janhit’ and ‘Agman’ may be small newspapers. They are being circulated in a small town. They should aim at providing necessary and correct information and news-items to the people, to make them literate and more informative, so that they become aware as to what is going on around them.

A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC

RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.