CiteTEXT
...Texas v. Gregory Lee Johnson, (1989) 491 US 397, 105 L Ed 2nd 342, 109 S Ct 2533, where, he said, it has been held that even the burning of a flag to express protest...over some action of the Government was protected by the right to freedom of speech and expression and any law restricting such a right and permitting prosecution for burning the flag in these...relevance. In that case the U.S Supreme Court was concerned with the Federal Constitution's First Amendment and it was held by majority of 5:4 judges that conviction of a protester for burning an...
...reference to the National Flag was introduced in the Constitution by the Constitution (Forty-second Amendment) Act, 1976 as part of the fundamental duties of a citizen in Part IV-A. Therefore, display...of Article 19(1)(a) albeit with significant differences as noticed in Indian Apex Court judgments. US law has upheld flag-burning as an expression of free speech and free expression of its citizens...against the establishment. Those cases are cited hereinbelow. It has, however, repeatedly been clarified that it is not the respondent's contention that flag-burning should be permitted or held to be a...
...States Constitution. The Hon'ble Supreme Court of the United States agreed to hear Johnson's case. The issue involved in the said case was whether Flag burning constitutes “symbolic speech” protected by the aforesaid First ...:—“The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment. The...the Indian National Flag from burning, trampling, defacing, disfiguring, destroying, defiling or mutilating or any contemptuous act towards the Indian National Flag or the Constitution of India...
...Court of the United States agreed to hear Johnson''''s case. The issue involved in the said case was whether Flag burning constitutes "symbolic speech" protected by the aforesaid First Amendment. ...:- "The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First ...Insults to National Honour Act, 1971 is a similar piece of legislation, which is enacted to protect the Indian National Flag from burning, trampling, defacing, disfiguring...
...dissent in the exercise of which a citizen may express disapprobation or criticism of the Constitution or of the Indian National Flag or take recourse to democratic remedies to obtain an amendment of the...the Explanation and even otherwise, it is obvious that burning or defiling the Constitution or the National Flag or doing any act specified in S.2 in respect of the Indian National Flat or the...burning of Constitution copy agitation against the imposition of Hindi as official language and the same was proved before the Trial court. He was awarded the punishment of imprisonment for two weeks...
...others have, on several occasions insulted the national flag and violated the norms of waiving of national flag, as provided in the Flag Code, 2002. Thus, the petitioner has sought relief that a sum...of Rs 10,00,00,000 (Rupees ten crores) be recovered from Baba Ramdev for misusing the national flag for gaining undue mileage benefiting his commercial ends (yoga business) as well as the political...gain drive during agitations; Shri Anna Hazare and others be directed to pay a sum of Rs 10,00,00,000 (Rupees ten crores) to the Prime Minister's Relief Fund for using/misusing the national flag for...
...the national flag did not infringe the liberty guaranteed by the 14th amendment, in the case of a pupil who refused to participate upon sincere religious grounds. Frankfurter, J., great exponent of...triumvirate of organized religion, the business world, and the State.... The Witnesses also stand apart from civil society, refusing to vote, run for public office, serve in any armed forces, salute the Flag...Law Ed 1628 are two cases decided by the American Supreme Court in which Jehovah's Witnesses claimed that they could not be compelled to salute the flag of the United States while reciting...
...national Flag or of any measures of the government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence...petitioner is working as Head Master in Zilla Parishad Primary School, Sonlagi (Pandhrewasti), Taluka - Jat. The petitioner states that the flag hoisting programme was held on 26-1-2010 in the school in the...morning. In the evening when the petitioner was going to the school for bringing down the flag at the appropriate time, he collapsed and became unconscious and he was admitted in the hospital of Dr...
...National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence...judgment of the Hon'ble Supreme Court of the United States in Texas v. Johnson, reported in 491 US 397 (1989), in a case of flag desecration for burning the Flag, was...culminating in the order dt.17.12.2017.
The Order of the Court was delivered by
N. Anand Venkatesh, J.:— The Flag Code of India opens with a...
...hoist the National Flag on 19th December, 2000 (Liberation Day of Goa). It is prayed that Respondent No. 4, Headmistress of Lourdes Convent High School, Saligao, Bardez, Goa be punished with imprisonment...for three years and that flag hoisting be made mandatory to Government servants and Semi-Government Organizations on 15th August, 26th January and 19th December (Goa Liberation Day). Action is sought...she had proceeded on leave on voluntary retirement. As such Flag Hoisting ceremony could not be organized on that day. Respondent No. 4 has further stated on oath that every year in the past, since...
...specific acts which may lead to a conclusion of disrespect to the national flag are burning, trampling, defiling or mutilating in public. He also submits that the flag was hoisted at a place which is....Explanation 1. — Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution...Government High School were on inimical terms over hoisting of the national flag on 26-1-1999. It is also said that the issue was resolved and it was decided that the complainant would hoist the flag on...
...consideration is whether the respondent has been using the machine ‘Brickman’ for clay preparation, brick-moulding, brick-drying and brick-burning, after purchasing the same from the appellant for...such goods for resale or for any commercial purpose; or ….”5. The Explanation to the definition of ‘consumer’ has been added by way of an amendment in 1993 which reads as under...
...fastened in any manner as may damage it. If the National Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with...Pinaki Chandra Ghose, A.C.J.
1. We have heard the learned party-in-person in the matter in question drawing the attention of the Court with regard to Flag Code of India..., 2002 (for short 'Flag Code') who made submissions before this Court that under Section 2.2(ix) of the Flag Code it has been stated that the Flag should not be used as a...
...may damage it.4. If the National Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the...Pinaki Chandra Ghose, A.C.J.:— We have heard the learned party-in-person in the matter in question drawing the attention of the Court with regard to Flag Code of India, 2002 (for short...‘Flag Code’) who made submissions before this Court that under Section 2.2(ix) of the Flag Code it has been stated that the Flag should not be used as a festoon, rosettee or...
...asked him to take it down and he refused, but offered no objection to the removal of the flag by the police. Section 17(1) of the Criminal Law Amendment Act, renders liable...1. The applicant Ram Prasad has been convicted of an offence under Section 17(1) of the Criminal Law Amendment Act, 1908, and ordered to pay a fine of Rs. 100...to set aside the order of fine. The offence which the applicant is alleged to have committed is as follows. He is a shopkeeper and he displayed the Congress flag over his shop. A Police Sub-Inspector...
...Flag is in a damaged or soiled condition, it may not be cast aside or disrespectfully disposed of but shall be destroyed as a whole in private, preferably by burning or by any other method consistent...S.B Sinha, C.J:— A letter written by one A. Satya Phaneendra, dated 15-12-2000 enclosing therewith a tri-coloured cloth resembling the National flag which is sold as handkerchief for a sum...resembles our National Flag and in one of the borders thereof the words “India” and in another “Mera Bharat Mahan” have been inscribed. Misuse of National Flag is covered by two Parliamentary Acts...
....Explanation 1: Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the...Constitution or of the Indian National Flag or take recourse to democratic remedies to obtain an amendment of the Constitution or an alteration of the Indian National flag and such lawful means were by...National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India by lawful means. Explanation 1 is an embodiment of the accepted principle in a democracy...
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(xiii) when the Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the...concerning the manner of hoisting of National Flag in the school run by the Municipal Council.
2. A perusal of the said Resolution No.126 dated 26-07-2013, shows that the...Municipal Council resolved to restore the procedure of hoisting of flag on the building of the aforesaid school run by it. It is noted in the said resolution, that the flag always used to be hoisted on...
..., representatives, successors, assignees or anybody claiming through them from in any manner infringing the copyright of the plaintiff by use of identical or deceptively similar flag, stationary or waving...work of the plaintiff pertaining to their flag and logo. The plaintiff is a non political organisation. Whereas, the defendant is a registered political party. The flag which is the subject matter of...egalitarian society in India, especially in the context of Tamil Nadu, the plaintiff society was formed with non-political, secular objectives. Flag (Rectangular in size; divided into three equal parts...
...amendment of National Flag Code. By letter No. 15/15/83- Public, dated 4th January, 1988, it was conveyed by the Government of India, Ministry of Home Affairs, that it was decided to maintain the...1. In this case the question involved is whether Hon'ble Judges of this Court are entitled to use the National Flag on their vehicles.2. On 15-3-1993 we passed the following...order.“The members of the Bar of this Court have brought to the notice of this court the Flag Code as well as the Warrant of Precedence issued by the Government of India and by the...