Supreme Court of India
State of Maharashtra & Ors. v. Sangharaj Damodar Rupawate & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the foregoing, we are in agreement with the High Court that the notification of forfeiture, dated 20th D December 2006, does not fulfil the mandatory requirements of sub-section (1) of Section 95 of the Code and is, therefore, invalid.
Judgment, page 30
From the headnote
Code of Criminal Procedure, 1973 - s. 95 - Notification under - Forfeiture for of books - On the basis of FIR alleging c offences u!ss. 153, 153A rlw s. 34 /PC - Notification quashed by High Court - On appeal held: _The power uls. 95 has direct impact on the right of freedom of speech and expression under Article 19(1)(a) of Constitution and impinges on right to privacy - Therefore, the provision has to be construed o strictly and the power thereunder must be exercised only in accordance with the procedure laid down therein - It is mandatory for such notification to state the ground on which
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.