Search results for ‘SC 1999

Sardar Sambhaji Angre vs H.H. Jyitiraditya M. Scindia And Ors [BHC] – 18/6/2019

In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening  circumstances.

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.

Random House Australia Pty Ltd v Abbott [1999] FCA 1538

DEFAMATION – meaning of publication – natural and ordinary – false innuendo – whether particulars of meaning required to be pleaded as imputations or false innuendos – whether publication conveyed imputations as pleaded – whether imputation of lacking personal integrity defamatory – whether imputation of shallow political commitment defamatory – whether imputation of being of weak and unreliable character defamatory – whether trial judge erred in reading “sexually promiscuous” as meaning “guilty of unchastity” – whether publication bore an imputation of unchastity – whether imputation of sexual promiscuity defamatory – whether imputation of unchastity defamatory – whether imputation of low moral standards defamatory – whether imputation of being a political manipulator was defamatory.

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).

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.

S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]

September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.