Court : Kerala
Reported in : 2008(1)KLJ385
ORDERR. Basant, J.1. The petitioners are accused in a prosecution under Section 500 I.P.C. initiated by the first respondent herein. The first respondent is a police official. He complaints that a news item, perse defamatory to his has been published in the daily (Mathrubhoomi), of which the first respondent is the Editor, the second respondent is the Printer and Publisher, third respondent is the Managing Editor and the 4th respondent the Reporter, who gave the news item for publication. On the complaint filed by the first respondent, without conducting any enquiry under Section 202 Cr.P.C. cognizance was taken by the learned Magistrate and summons was issued to the petitioners. The petitioners have all come to this Court with the prayer that the proceedings against them may be quashed invoicing the powers under Section 482 Cr.P.C.2. That the petitioners are the Editor, Printer and Publisher, Managing Editor and the Reporter is not seriously disputed. It is not disputed that the names...
Tag this Judgment!Court : Kolkata
Reported in : (2006)1CALLT624(HC),2006(2)CHN45
Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 482 read with Sections 397/401 Cr. PC filed by the petitioner praying for setting aside the order dated 14.11.2000 passed by the learned Metropolitan Magistrate, 12th Court, Calcutta and quashing the proceeding being Case No. C-153/99 against accused No. 4 Ananda Bazar Patrika.2. The circumstances leading to the above application are that O. P. No. 1 filed a complaint being registered as C-153/99 under Sections 500/ 501/502 IPC against pro-O.P. Nos. 2 & 3 and the present petitioner who are Executive Editor & Reporter, Editor, and Printer & Publisher respectively of Ananda Bazar Patrika as also Ananda Bazar Patrika figuring as accused No. 4. As pro-O.P. Nos. 1 & 2 and the present petitioner are responsible for the day to day affairs of the business and publication of the Ananda Bazar Patrika, and Ananda Bazar Patrika is only a brand name of a newspaper which is not a legal entity and is incapable of commit...
Tag this Judgment!Court : Sikkim
Reported in : 1992CriLJ839
ORDERR. Dayal, J.1. This application has been filed under Sections 561-A and 439 of the Code of Criminal Procedure, 1898, which Code is still in force in the State of Sikki, for quashing the order dated 7-3-1991 summoning the applicants to face a criminal case under Sections 500, 501, 502, 109 and 34, I.P.C., passed by the learned Judicial Magistrate (East and North) Sikkim in Criminal Misc. Case No. 10 of 1991.2. Messers Bennett Coleman and Company Ltd., is carrying on the business of printing and publishing various newspapers, magazines, periodicals and weeklies from various parts of the country and one of the dailies published by this Company is Nav Bharat Times. Petitioner No. 1 Shri A.K. Jain is the Chairman and petitioner No. 2, Shri Samir Jain is the Managing Director of the Company. The Criminal proceedings arise from a news item published by the Nav Bharat Times on 11-12-1990 with the heading 'Dalmia Samooh Ki Kar Chori pakari gayi.' Thereafter a notice dated 22-1-1991 was sen...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997CriLJ1413
ORDERV.S. Aggarwal, J.1. This is petition filed by Nathu Ram Bansal and Shyam Sunder Goyal under Section 482 of the Code of Criminal Procedure read with Section 427 of the said Code for a direction to the District and Sessions Judge/Additional District & Sessions Judge, Bhiwani and also to Superintendent, Jail, Bhiwani to consider the sentence awarded to the petitioners in two complaints to run concurrently.2. The relevant facts for disposal of the present petition are that respondent Radhey Shyam Aira filed a criminal complaint. He pleaded that he is the Honorary Secretary of Dadri Education Society which runs certain colleges and schools. Petitioner No. 1 is Journalist and is the owner, Editor and Publisher of weekly newspaper titled 'Janta Ke Vichar'. The newspaper used to be printed by Mahashakti Printers. Shyam Sunder Bansal petitioner is the proprietor of the same. In the issue of 8-3-1985 published by Nathu Ram Bansal petitioner it was mentioned 'Radhey Shyam Airon alias Satish ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2068; 1995(1)KarLJ219
R. Ramakrishna, J.1. This Appeal is confined to the order on I.A.No. I, dated 2-3-1984 passed by the 17th Additional City Civil Judge, Bangalore in O.S.No. 7087 of 1983. The learned Civil Judge passed a common order on I.A.Nos. I and II. I.A.No. I is filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The first respondent prayed for grant of a temporary injunction ^straining the appellant and the second respondent from printing, publishing or in any manner using in relation to any news papers, publications, magazines, periodicals or stationery bearing the impugned trade mark 'Financial Times' or any other deceptively similar trade mark so as to infringe the plaintiff's registered trade mark No. 468937. By I.A.No. II the relief claimed was an order of temporary injunction under 'he same provisions of law to restrain the appellant to pass off or enable others to pass off the first respondent's publication arid for the benefit of the first respondent a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2686; 2003(5)ALD14(SC); 2003(3)ALLMR(SC)1158; [2003]117CompCas1(SC); RLW2003(3)SC451; 2003(5)SCALE138; (2003)6SCC230
S.B. Sinha, J.1. Whether settlement of a private dispute between the parties to a writ proceeding is permissible in law, is the prime question involved in these batch of appeals which arise out of judgments and orders passed by Madhya Pradesh High Court in M.P. No. 802 of 1992 and M.C.C. No. 477 of 1992 and the connected writ petition. The factual matrix involved in these matters may be noticed in brief.2. A partnership firm known as M/s. Dwarka Prasad Agarwal & Brothers (The firm) was constituted with Dwarka Prasad Agarwal (since deceased), Bishambhar Dayal Agarwal (since deceased), Mahesh Prasad Aggarwal - all sons of Keshav Dev Agarwal and Ramesh Chandra Agarwal, son of Dwarka Prasad Agarwal in the year 1972 as a partners thereof. Each partner contributed towards the capital of the Firm in share to the extent of 25%, 30%, 30% and 15% respectively. Prior to the constitution of the Firm, a newspaper known as 'Dainik Bhaskar' was being published by Dwarka Prasad Agarwal and his name wa...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2746
D.K. Sinha, J.1. Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of entire criminal proceeding arising out of Complaint Case No. 276 of 2000 wherein, after finding a prima facie case on enquiry under Section 202 of the Code of Criminal Procedure for the alleged offence under Section 506 of the Indian Penal Code, processes were directed to be issued against the accused including the petitioner Hari Bansh Narayan Singh, by the order dated 13.6.2001.2. The complainant- Sheo Prasad Agrawal alleged in the complaint petition against Kameshwar Sharma, Branch Manager of Oriental Bank of Commerce, Shri Haribansh (petitioner herein), Chief Editor, Prabhat Khabar, Ranchi and Harinarayan Singh. The complainant was having Savings Bank Account No. 659 in the Ranchi University Branch of the Oriental Bank of Commerce. On 24.2.2000, he had visited the said Branch of the Bank for verification of his account but since it...
Tag this Judgment!Court : Delhi
Reported in : 2002CriLJ911; 95(2002)DLT473
K.S. Gupta, J.1. Crl.M.(M) No.2664/95 under Section 482 Cr.P.C. which was allowed to be treated as a revision later on, was filed on 6th/13th November 1995 alleging that petitioner No.1 is the Executive Director while petitioner No. 2 is printer and publisher of 'The Times of India' newspaper owned by M/s.Bennett Coleman & Co.Ltd, 7, Bahadur Shah Zafar Marg, New Delhi. On 25th September 1994, Sajjan Kumar, DPCC General Secretary and Member of Parliament held a Press Conference in which he invited journalists from various newspapers. News based on the statement made by Sajjan Kumar in the press conference was published bonafidely in the issue of 'Times of India' dated 26th September 1994 keeping in mind the interest of public. Last paragraph of the news item reported is as follows:-'In fact, in the case of 35 restaurants, all criteria had been given the go-by, Mr.Sajjan Kumar alleged. Several restaurants with unsavoury reputation of being dens of prostitution have been given licenses, h...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)LC50Tri(Delhi)
1. The appellant is the importer and they have challenged the order-in-original dated 5-10-1983 passed by the Collector of Customs, Calcutta. The importer had imported one automatic 2 colour sheet fed off-set printing machine Model No. J 2203A valued at Rs. 4,49,165,40P (CIF) and filed a bill of entry for the clearance of the same. The clearance of the consignment was sought to be made under OGL as in force during the policy period April-March 1983 utilising the benefit of importation during the extended period of shipment as provided under condition (7) of Appendix-10 of the said policy, as the goods were said to have been despatched on 22-4-1983 which falls within the policy period AM '84.2. The department had issued a show-cause notice dated 4th Aug., 1983 alleging contravention of Clause 3(1) of Import (Control) Order, 1955 as amended read with Section 3 of the Imports & Exports (Control) Act, 1947. Hence, the Importer was called upon to show-cause as to why the offending good...
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR751; 2005(1)BomCR913
Marlapalle B.H., J.1. Agricultural land, admeasuring 1 Hectare and 97 Ares in Survey No. 12/1 of village Suregaon in Hingoli district was originally owned by one Shri Subhan who was a tribal. He sold, out of the said total holding, land to the extent of 1 Hectare [2 Acres and 20 Gunthas] to one Shri Vishwanath s/o Satawappa Kasar, the present respondent No. 4, by a registered sale-deed dated 18th July, 1978 and bearing No. 1806. The said transferee belonged to 'Kasar' caste and he was not a tribal. By sale-deed dated 12 the September, 1979, registered under No. 2219, the respondent No. 4 sold the same land to the present petitioner, who is a tribal. It is also not in dispute that when the transfer was effected pursuant to the sale-deed dated 18th July, 1978 and subsequently on 12th September, 1979 there was no permission obtained, in advance, from the Collector by either of the parties.2. The Additional Tahsildar, therefore, initiated suo motu inquiry under Section 36(A) of the Maharas...
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