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Raj Kapoor And Ors vs State And Others on 26 October, 1979

The law elicited in the above decision shows that the Film Censor Board, acting under Section 5A of the Cinematographic Act 1952 entrusted to protect the silver screen pictures which offensively invade into public morals through over-sex. Both sides agreed that a certificate issued by a high-powered Board of Censors with specialized composition and statutory command is not a piece of utter illogical. It is relevant that its decision is important and not infallible in its verdict. Even then the Court is not barred from trying the case because the certificate is not conclusive. However, the magistrate shall not brush aside opinion what another tribunal has for similar purpose, found. Even if a Crl.R.P.No.1489/05 13 rebuttable presumption may arise in favour of the statutory certificate that could be negatived only with positive evidence. The recognition of moral standard by a statutory authority is not an opinion evidence but an action in which the fact in issue has been asserted, recognised or affirmed by that body. If that be the position, the proviso provided u/s.4
Supreme Court of India Cites 11 - Cited by 134 - V R Iyer - Full Document
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