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This tag is associated with 12 posts

“Sorry Teacher”= whereby the Hon’ble Single Judge restrained respondent No.4/the appellant herein and official respondents from releasing the film titled as “Sorry Teacher” pursuant to the Certification made in UA/DIL/2/13/2012/HYD, dated 16.7.2012, pending further orders.= since the film is not yet released, the contentions of the writ petitioners are based upon hear say evidence and are purely speculative, based on inferences drawn in the print and electronic media. Further the Revising Committee, which has examined the film has issued the Certificate for restricted viewing in conformity with the guidelines issued by the Government of India, by judging the film in its entirety for its over all impact. The guidelines prescribed have been adhered to as is evident from the reasons given in support of the Certification. Thus, the Certification made by a High powered Board of Film Certification, which is a specialised composition gives an un-rebuttable presumption in favour of the said statutory Certificate, which cannot be rebutted merely by allegations of the writ petitioners. Within the broad parameters of the guidelines, the film is required to be judged based upon a criteria as to whether an average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest and the said test as laid down by the Hon’ble Supreme Court in the decision fourth cited supra has been followed. Hence, we are of the opinion that the Central Board of Film Certification after thoroughly considering the recommendations of the Revising Committee and after considering all the aspects referred to above, has granted certification to the film in question. We, therefore, do not find that there is any reason to interfere with the said order of the Revising Committee. Accordingly, we allow the writ appeals and vacate the interim orders dated 3.9.2012 passed by the Hon’ble Single Judge in W.P.M.P. Nos. 32956 of 2012 and 33929 of 2012 in Writ Petition No. 25856 of 2012 and 26622 of 2012. In view of the orders passed in the writ appeals allowing the said appeals, no further orders are necessary in the writ petitions. Writ Petition Nos. 25856 of 2012 and 26622 of 2012 are accordingly disposed of. No costs.

THE HON’BLE THE ACTING CHIEF JUSTICESRI PINAKI CHANDRA GHOSE AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Appeal Nos.1128 & 1129 of 2012 And Writ Petition Nos. 25856 of 2012 & 26622 of 2012 24-09-2012 M/s. Suryalok Film Factory, Mumbai R. Malleshwari and others Counsel for Appellant : Mr. K. Durga Prasad Counsel for Respondent … Continue reading

motor accident claims =the Hon’ble Supreme Court reported in the case of National Insurance Company Ltd. v. Swaran Singh and others[1] and found that even if the driver of the vehicle does not have a valid driving license so far as the third parties are concerned, the insurance company is liable to pay the same.

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO   M.A.C.M.A. No. 2681 of 2011   JUDGMENT: The appeal is filed against the judgment dated 23.04.2004 in M.O.P.No.1274 of 2001 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Visakhapatnam questioning the liability of the insurance company.   A claim for compensation was made for … Continue reading

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