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1 - 8 of 8 (0.18 seconds)Article 19 in Constitution of India [Constitution]
Chandrakant Kalyandas Kakodar vs The State Of Maharashtra And Ors on 25 August, 1969
(15) The learned counsel for the petitioners relied uponthe case reported as Shri Chandrakant Kalyandas Kakcdkar v. The State of Maharashtra and others, (1969)2 Sc 687(2). That was a case in which the court wasconcerned with certain descriptions of the meetingsbetween Neela and Nishikant and with the passages onpages Iii, 112, 114, 116, 118-121, 127, 128, 131, and134, which had been found obscene by the High Court.The view taken by the Supreme Court was that, aftergoing through the impugned passages, there was nothingin them which could be said to deprave or corrupt thosein whose hands they were likely to fall: nor could it besaid that any of these passages advocated lasciviousnessdepraving and corrupting the morals and adolescentyouth. The test which persuaded their Lordships totake the view in that case was, therefore, that if thematerial with which the court may be concerned is suchwhich may be advocating licentious behavior depraving and corrupting the morals of the reader, then thatwould be obscene. In that particular case it was heldthat the material was not such. It is clear after perusingthat judgment that in every case it is the particularmaterial which is to be gone into carefully for comingto the conclusion whether an offence under section 292 of the Indian Penal Code has been committed or not.
Section 342 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Article 141 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
R. Santhankumar Nadar vs Indian Bank Ltd., Madras & Ors on 6 February, 1967
(18) The learned counsel then relied upon R. v. MartinSeeker Warhurg Ltd., and others, reported as 1954 All.E.R. Vol. 2, p. 6830. It was held in that case that "inapplying the test of obscenity laid down in R. v.Hicklin, (1868) (L.R. 3 Qb 371)0, the jury must decidewhether the tendency of any publication alleged to beobscene is to corrupt and deprave those whose mindsare open to immoral influence and into whose handsthe publication may fall at the time when it is publishedor in the future."
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