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Union Of India vs B.R. Bajaj on 18 January, 1994

9. Before going into the rival contentions, it is only Crl.M.C.4152/2021 8 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:
Supreme Court of India Cites 10 - Cited by 52 - G N Ray - Full Document

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.
Supreme Court of India Cites 80 - Cited by 28 - D Misra - Full Document
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