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1 - 10 of 13 (0.33 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 67A in The Information Technology Act, 2000 [Entire Act]
Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Union Of India vs B.R. Bajaj on 18 January, 1994
9. Before going into the rival contentions, it is only
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appropriate to set out the guidelines issued by the Apex Court in
Union of India v. B.R. Bajaj [AIR 1994 SC 1256] etc. The
following categories of cases can be stated by way of illustration
wherein the extraordinary power under Article 226 of the Constitution
or the inherent power under Section 482 of the Cr.P.C. can be
exercised by the High Court to prevent abuse of the process of any
Court or otherwise to secure the ends of justice:
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 67 in The Information Technology Act, 2000 [Entire Act]
Section 469 in The Indian Penal Code, 1860 [Entire Act]
Devidas Ramachandra Tuljapurkar vs State Of Maharashtra & Ors on 14 May, 2015
13. It is the settled proposition of law, as held by the Hon'ble
Supreme Court in Devidas Ramachandra Tuljapurkar v. State of
Maharashtra and others [AIR 2015 SC 2612] in deciding whether
the matter in question is obscene, the Court has to take overall view of
the matter; that there has to be an objective assessment and the Judge
must in the first place put himself in the position of the author and,
Crl.M.C.4152/2021 13
thereafter, in the position of reader of every case and must eliminate
the subjective element or personal preference; The contemporary
community standards test is the main criterion in deciding the
obscenity and it has to be appreciated on the foundation of modern
perception, regard being had to the criterion that develops the
literature. I do not think that the expression "വദനസകരത
ളമമോഹസകന്ദരമോ" has a tone that can be understood differently. It has
similarities with the opening lines of a popular Malayalam film song;
it seems that in the context it was used only meant to give expression
to oral sex, which has a sexually explicit tone and therefore the
contention that Section 67A has no application cannot be accepted in
right earnest.