ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
05 Apr 2025 23:13
π SPUNKLANE MEDIA PRIVATE LIMITED
Β Β Β Β Β Β Β Β v.
NIVEDITA SINGH 2025
The above Judgment is by HC which is affirmed by SC in its order in 2025 itself.
π¬ Facts: Wife instituted a suit for permanent injunction against the Spunklane Media for restraining to publish the information relating to her Husband's criminal case.
(Right against Defamation and Remedy as injunction)
π Issues for our understanding.
1. Whether wife has Cause of Action?
2. Whether impleadment of husband is allowed under ORDER 1 RULE 10?
3. Whether the Plaint should have been rejected Order 7 Rule 11(a)
4. Defamation suit can be filed only by the person who is defamed and not by relatives?
π₯ HC Ratio:
1. The Mistake was Bonafide and not deliberate and the impleadment of husband is allowed because husband was in judicial custody, and the defamatory article will affect her and her family reputation she filed plaint and layer on realising that husband is a necessary party he filed an application under Order 1 Rule 10.
βWhere a mistake is not made deliberately and where
it is honestly made, the mistake is bonafide.β
π― 2. Relied on
Bal Niketan Nursery school vs. kesari prasad (1987)Even the suit instituted by a person who has no
manner or right to do so, in that he has no cause of
action, could not take away courtβs jurisdiction to
order substitution of the right person as the plaintiff, provided the mistake was bonafide.
ποΈ
Supreme Court1. It would be a very dangerous proposition that living under the same roof, husband has a separate reputation, wife has a separate reputation... they may have separate reputation also, but they have a
common, integral and integrated reputation also that's known as
family/couple reputation.2.
"If a suit can be filed by him, and a suit has already been filed by his wife while he was in jail, why to have multiplicity of suits?"Β the judge questioned.Β
"The cardinal principle of our jurisprudence is to avoid multiplicity.In a nutshell Common Reputation and husband was in jail, to avoid multiplicity of proceedings was a '
Bonafide' ground under
Order 1 Rule 10(1)SC judges said this is an innovative argument, but this family reputation argument is common one, however the use is what matters, we usually don't use our concepts.
@
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05 Apr 2025 18:23
The enactment of legislation on Uniform Civil Code as enshrined under Article 44 of the Constitution of India will achieve the object and aspirations enshrined in the Preamble of the Constitution of India, bringing about a true secular democratic republic, unity, integrity of the nation, securing justice, liberty, equality and fraternity.β
The Court added, βThe Court is of the opinion that bringing a law on Uniform Civil Code and its enforcement certainly give justice to women, achieve equality of status and opportunity for all and accelerate the dream of equality among all women in India irrespective of caste and religion and also assure dignity individually through fraternity.β
Recognised GOA and Uttarakhand and relied on various landmakr precedents which second the opinion in this case.
π My Opinion is that:
How can you have uniformity when every state will have different UCC.
Whether the founding members of nation thought of multiple uniformity by state enacted legislations or a central act for whole nation with some tribal exceptions?
I believe we must read entry 5 of concurrent list for this but should give emphasis to Article 44 more than schedule.
What's in your mind legal minds?
@
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04 Apr 2025 14:37
Judicial review of a Bill
1. Chotey Lal v State of UP (AIR 1951 All 228
http://indiankanoon.org/doc/1361792/
2. In Re: The Special Courts Bill, 1978 (AIR 1979 SC 478)
http://indiankanoon.org/doc/1306191/
3. No information: whether NJAC bill was challenged or not.
4. Shyam Sundar Gupta vs Union Of India, 1989
PARA 21
https://indiankanoon.org/doc/351886/
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…
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04 Apr 2025 13:53
Bill is challenged π±π
Jokes apart whether a bill can be challenged?
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…
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03 Apr 2025 20:44
Cases before Plea bargaining
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03 Apr 2025 20:44
Plea bargaining
INDIA v. USA and some crime π« DATA
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03 Apr 2025 20:37
https://www.thehindu.com/news/national/report-reveals-minimal-use-of-plea-bargaining-in-india/article68569128.ece
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03 Apr 2025 09:30
What is a Statutory resolution and why is it mandatory under 356
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03 Apr 2025 09:06
#Essay@CurrentLegalGK
"The Role of Social Media Highlights in Fostering Public Trust in the Judiciary"
Mention the Merits and demerits
Note: Though its core is media trial but This is not a normal Media trial essay.
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03 Apr 2025 09:02
Read with
/channel/CurrentLegalGK/5337
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03 Apr 2025 07:43
https://indianexpress.com/article/cities/hyderabad/telangana-hc-pause-clearing-of-green-cover-near-hyderabad-university-9920678/
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02 Apr 2025 19:04
#Question@CurrentLegalGK
Explain the Difference between Judge and Court.
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02 Apr 2025 15:31
Explained: 5 key concerns about Waqf Bill, govtβs reasoning for it π
#explained_law #express_explained #express_premium #waqf
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02 Apr 2025 12:30
Waqf Amendment Bill Is Prospective, Not Retrospective: Union Minister Kiren Rijiju
https://www.livelaw.in/top-stories/waqf-amendment-bill-is-prospective-not-retrospective-union-minister-kiren-rijiju-288228
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01 Apr 2025 19:58
How's embezzlement different from criminal breach of trust?
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