...within the scope of S. 124-A.But the question is whether the accused who was in jail at the time of the publication of the article can still be convicted of the offence under S. 124-A.... Lokamada [1886] ILR 9 Mad 387 that though a declaration was prima facie proof of publication by the editor, the presumption raised can be rebutted. It was held that it...such a presumption. At page 344 the learned Judges say:“It would be open to the proprietor to rebut it and prove that the publication was, in fact, not authorised by him. Act XXV of...

...lost. Further it is submitted that in the light of the judgment in W.P (C) No. 28271/2016 the petitioner having passed the examination only in the second supplementary chance, the publication of the...semester examination, he did not write the examination proceeding on the basis that if he had obtained grace marks in terms with Ext. P3 order, he would have passed in the said examination. The learned...results will be contrary to the directions issued by this Court.6. There is no dispute about the fact that the petitioner did not write the supplementary examination in the first chance. In...

.... Only after recording such satisfaction, the Court can direct the publication of a written proclamation requiring such person to appear at a specified place within the period, not less than 30 days from...the date of said publication. Sub-clauses (a), (b) and (c) of clause (i) of sub-section (2) of Section 82 provide that the manner in which proclamation should be published...less than 30 days from the date of the publication. The instructions to the criminal courts as contained in Chapter 15 of Part V of Delhi High Court Rules are also to the same effect. The proclamation...

...newspapers on 3-1-1987. While the Government exercised the power under Section 17(4) before publication of the notification under Section 4(1), as contemplated in the manner prescribed under Section 4(1...), the learned Single Judge accepted the contention and held that the exercise of power by the Government dispensing with the enquiry under Section 5-A and publication of the declaration under Section 6...publication of the notification under Section 4(1). Thereafter, the Government has the power to invoke Section 17(4). Section 4(1) contemplates three mandatory conditions to be complied with, i.e, (1...

...editorially before publication and undoubtedly is fully responsible for its publication. It is necessary for the purposes of this case to consider the whole article, It was as follows: THE...-manager and part proprietor of a daily newspaper called "The Port of Spain Gazette," published the article which has been found to constitute a contempt of Court. He did not write it but revised it...

...publication of the Outline Development Plan and the Regulations in the prescribed manner, that is, in the Official Gazette was mandatory under Section 13(4) and that failure to so publish the Outline...publication. It was submitted that the High Court was in error in holding that Section 76-J cured whatever defect there was in regard to the publication of the Plan and the Regulations. It was said...irrespective of the date of publication under Section 13(4). On the other hand, it was submitted by Shri Javali, learned counsel for the writ petitioners in the High Court that there was sufficient...

..., each took the management of a particular department of the business other than the literary department; that at the time of the publication of the libel one of them was absent from home on account of...ill-health, and that neither of them had given any authority for or consent to the publication complained of, or had any knowledge of the libellous article until his attention was called to it after...the paper was in circulation. Lush, J. after referring to the Old Common law of England under which the proprietor of a newspaper was criminally liable for the publication of a libel in its columns...

...2002-03 and the details of the receipts of the assessee as royalty from the publication of aforementioned book is listed at Page-3 of the paperbook. It was submitted that the word "art" has been defined...submitted by the learned Counsel that the assessee did not write any other book. We found that no particulars have been placed on record to show that the assessee is specially qualified apart from the...

...chowkidari receipt. The delivery of such a receipt to the complainant himself was obviously not a publication such as would render the Petitioner liable to punishment for defamation. As regards the other...given evidence in the case. The nephew states that he himself wrote the letter, and that he did not write it under the instructions of the Petitioner. All that the Deputy Magistrate says on this subject...

...defendant, although there be no evidence given to shew that the printing and publication was by the direction of the defendant. The Jury found Lovett guilty.The substantial question in...not write the incriminating matter; and, thirdly, that the sentence of two years' rigorous imprisonment is too severe, because the seditious writings were intercepted by the Head-master and were not...ourselves, that the writings are seditious. But it has been urged by learned counsel for the appellant, first, that the appellant did not post or publish the packet in question; secondly, that he did...

...) on 10-8-1989 and in Patriot (English) on 8-8-1989. In the chart showing the dates of publication of notification found in the counter-affidavit, no mention of the date of publication of the substance..., Gurgaon, and the compensation was deposited to its credit. The writ petition filed by the respondent was allowed on 4-5-1992 by the Punjab and Haryana High Court holding that publication of the...made. In Column 4 thereof, he has specifically stated that Munadi (publication by beating the drum) was made in the locality on 27-4-1989. But no statement as regards the publication of Munadi of...

...municipality within a fortnight from the publication of the notice, to submit to the Board an objection in writing to all or any of the proposals. The Board has to take these proposals into consideration and...be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.”2. Section 94(3) which provides for the manner of publication...urged before us, namely—(1) There was no publication as provided by Section 131(3) read with Section 94(3) of the Act, and as the provision of Section 131(3) is...

...and hopes being belied and frustrated. They represented to the State Government for appointment against the vacancies as available on the date of the publication of the result. Their representation was...was raised by the writ petitioners that since normal practice and procedure being followed by the State over the years had been that the vacancies available till the date of the publication of the...publication of the result in 1990. The plea of the State on the other hand was that though number of vacancies had arisen during the period 1985-90 that fact alone could not clothe the empanelled...

...procession. The D.M.K Party obtained information that Cho was likely to publish the photographs. The D.M.K Party thought that in view of the impending elections the publication of the photographs would...affect their prospects at the election. The petitioner received a trunk call from the Law Minister who asked him to take action to prohibit publication of the photographs. The petitioner said that the...Government had no power to prevent the publication.52. The Chief Minister shouted on the telephone that the Deputy Superintendent of Police should be suspended and action...

...period commencing on and from the date of the publication of the notification under Section 4 sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking...date of publication of the Section 4(1) notification. He finds sustenance for this contention in the decision of this Court in Mathapathi Basavannewwa case (1995) 6 SCC 355 where a similar contention...advance possession was taken before the publication of the notification under Section 4(1), “the claimants, by necessary implication are entitled to the payment of the additional amount by way of...

...back duly executed. Statement of serving Constable was also recorded. Period of 30 days had not elapsed from the date of publication. Therefore, the case was adjourned to 13.3.2013 On that day, the...resides. A copy of the proclamation was also affixed at conspicuous part of the Court house, which means that the publication was effected on 9.2.2013 for 6.3.2013, which shows that after the publication...(2) xx xx xx xx”In view of the above provisions of Section 82(1) Cr.P.C, it is clear that the publication was effected on 9.2.2013 and the accused...

... 3 assessee as royalty from the publication of aforementioned book is listed at Page-3 of the paper book. It was submitted that the word "art"...the assessment year 2002-03, in reply, it was submitted by the learned Counsel that the assessee did not write any other book. We found that no particulars have been placed on...