...false cases booked against innocents.5. It is further alleged in the counter-affidavit that the Popular Front of India (PFI) or the Social Democratic Party of India (SDPI) are....10. As regards the allegation that the respondent belongs to PFI, it is true that it has been held in Redaul Huss...unnecessarily on protected freedoms. It rests on the doctrine of ‘guilt by association’ which has no place here.”13. In Joint Anti-Fascist Refugee Committee v...

...Novel has come out of the drawing room and it is a far cry from the days when Thomas Hardy described the seduction of Tess by speaking of her guardian angels. Thomas Hardy himself put in his last ...judged (1) [1954] 1 W.L.R. 738. 76 of in this light the impugned novel passes the Hicklin test if it is...Rainbow and he went to Secker. They brought out his Lost Girl and it won a prize but after the Rainbow he was a banned author whose name could not be mentioned in genteel society. He became bitter and...

...unlawful and terrorist acts in accordance with a pre-planned plot by and on behalf of the banned organization C.P.I (Maoist), a large country wide conspiracy to overthrow through force of violence the...constitutionality established democracy and administrative system in the country. It has also emerged that the present crime is also one part of this conspiracy.Since.... related to the banned CPI(Maoist) organisation as also that they attempted in different ways to implement the goals, policies and objectives of the said organisation. It also emerged that they a...

...Act, but it is admissible in TADA cases vide Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.4. Confession is a very weak kind of evidence. As is...accepting confessions made to the police by the alleged accused.5. Unfortunately, the police in our country are not trained in scientific investigation (as is ...the basis of alleged confessional statement.8. For the reasons stated above, we are in agreement with the impugned judgment so far as it has taken the view that ...

...went on to observe:“It may be that some of the items, which were permitted to be imported in the year 1981-82 may now have been absolutely banned under the Po...granted to the diamond exporters, must be construed in line with the earlier order of Pendse, J. in spelling out the intent of the word “banned”. It is also pointed out that Sawa...import the item specified in Appendix 3. It is contended by Shri Venugopal that the word “banned” in the order dated April 18, 1985 of this Court should be interpreted in a mann...

...admissible but since it is a matter of public interest, we have looked into it. The author has received the Sahitya Akademi award for this novel. It was written in 1974. The book...senses of the spectators than any other medium of communication; likewise, it is also true that the television, the range of which has vastly developed in our country in the past...judgment is impugned in the special leave petition which is taken on board and is also disposed of by this common judgment. It may also be mentioned that four episodes of the said serial have already been...

...consideration and after carefully applying our judicial mind in making an objective assessment of the novel we do not think that it can be said with any assurance that the novel is obscene merely....”8. The Tribunal accepted the argument of the appellant before it in respect of certain scenes where excisions or modifications had been required. We shall restrict...scene. It was a powerful scene the reduction of which would negate its impact. Much emphasis was laid before us upon the fact that Phoolan Devi is shown naked being paraded in the village after being...

...pages from 174 to 226 be destroyed. The Magistrate also failed to notice that during evidence it has come out that this novel has been published also as a book. That publication in the form of a book...depend on the finding whether the novel “Prajapati” is obscene or not.7. It may be noted that in the trial before the learned Chief Presidency Magistrate ...it may be necessary to impose some restraint on literature. I have read the novel ‘Prajapati’ as published in the Sarodiya Desh issue of the year 1374 and subsequently published in book f...

...the petitioners — D. Navinchandra & Company, a partnership firm and Dilipkumar Dalpatlal Mehta, a partner of the said firm. In order to appreciate this challenge, it is necessary to refer to certain...shall presently refer. It is necessary also that in order to make out a case, the petitioners have sought to emphasise on the point that the decision dated April 18, 1985...being absolutely banned. Against these judgments special leave petitions were filed in this Court.2. Appeal was also filed on March 27, 1984 by the Import Control Authorities...

...State of Telangana and also in the Country. Therefore, it cannot be said that Sections - 269, 270, 271, 272 and 273, 328, 336 and 420 of IPC are attracted to the cases in this batch...products in the house 07. 4100/21 No.38/21 of PS Easgoan sole accused 270 & 273 IPC Possession of banned gutka.... 7. In view of the above rival submissions, it is apposite to extract the relevant provisions of IPC, COTP Act, FSS Act, ED Act and DM Act, which are as under...

...the Anandabazar Patrika of the news item and photograph appeared in a magazine Stern published in Germany. Further, it was pointed out that the said magazine was never banned entry into I...age to lasciviousness and the novel on these counts, may not be considered to be obscene. It is true that slang and various unconventional words have been used in the book. Though there is no...nude photograph appeared in the Anandabazar Patrika, as well as in Sports World, would corrupt young minds, both children and youth of this country, and is against the cultural and moral values of...

...Section 16(1) of the Securities Contracts (Regulation) Act, 1956 the Central Government banned with immediate effect all forward trading in shares at all the Stock Exchanges in the ...list and to deposit along with it interim margins in cash or approved shares calculated on the basis of differences between the rates of the last clearing and certain average specified rates fixed by...Desh Bandhu Gupta & Co. be declared a defaulter for such failure and a notice in that behalf be posted on the Notice Board and Appellant 2 was informed about it by a telegram and a letter. The...

...grants were made available by Fort Foundation to the assessee trust to carry on charitable activities as specified in the proposal made by the assessee in accordance with its aims and objects. It ...Bombay High Court in the case of CIT v. Gem & Jewellery Export Promotion Council [1983] 143 ITR 579 wherein it was held that grants in aid...National Institute of Immunology v. MCD 96 [2002] Delhi Law Times 54 (DB) wherein it has been that the receipt or grant in aid subject to certain conditions and to...

...contents or start a war against the very existence of our country; the State would, no doubt, step in.3. The ban on books has been a mixed bag. In a number of cases, it did ...critics, encountering only literary criticism.12. The original Tamil version of the novel was released in January, 2011 at the Chennai Book Fair, where the author claims it...copies and more than 5000 copies have so far been sold through its four editions. The English translation of the novel was released in November, 2013 and it also evoked critical acclaim. The autho...

...conclusion, then even trade in plastic articles which would be deceptively similar to elephant ivory may also be held to have been banned. It was argued that the intention of the legislature cannot be...substance which is also available in other animals, namely, whale, walrus, hippos and warthog, it was urged, they cannot be included in the term “ivory” within the meaning of the provisions of ...said Act.7. It was contended that the High Court committed a manifest error in passing the impugned judgment insofar as it failed to take into consideration that mammoth...

...entitled to the benefit of the Act.21. It seems to us that in the aforesaid Act of 2005 Parliament has taken notice of a new social phenomenon which has emerged in our ...Grade Teacher in Thevanga Higher Secondary School, Coimbatore.4. It appears that the respondent, D. Patchaiammal filed a petition under Section 125 CrPC in the year 2001...two or three years. It is alleged in the petition that after two or three years the appellant herein left the house of the respondent's father and started living in his native place, but ...

...tarnish the image of the populace of the area.5. In essence, the novel seeks to relate the travails and tribulations of a childless couple and the barbs of ...kms away from Namakkal. That is the Kurukshetra of this battle.10. The novel in controversy “Madhorubagan” was written in the year 2010. It is the claim of ...the novel was released in January, 2011 at the Chennai Book Fair, where the author claims it sold over 500 copies and more than 5000 copies have so far been sold through its four editions. ...

...34 of 2003, the answer must be in the negative. It is difficult to accept the contention that the substance banned by the impugned notification is treated as res extra commercium..., the gamut of legislation enacted in this country which deals with tobacco does not suggest that Parliament has ever treated it as an article res extra commercium, nor has Parliament attempted to ban...of the Act. As long as the conditions stipulated in the licence are fulfilled, and there is no violation of the terms of the licence or the provisions of the statute concerned, ...