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1987 Supreme(Bom) 282

S.P.BHARUCHA, T.D.SUGLA
Union of India & others – Appellant
Versus
Bennett Coleman and Co. Ltd. & others – Respondent


Judgment

S.P. BHARUCHA, J.:---Bennett Coleman and Co. Ltd. (hereinafter called “the company”) publishes the newspapers “The Times of India” and “Nav Bharat Times”. In 1983, company called Jansevak Karyalaya Ltd. (Jansevak) entered into negotiations with the company for printing and publishing editions of The Times of India and Nav Bharat Times from a press to be established at Lucknow. Three agreements dated June 4, 1983, July 30, 1983 and October 1, 1983 were entered into. In pursuance of the agreement, necessary applications were made under the Press and Registration of Books Act, 1867. On October 17, 1983, the first edition of the The Times of India and Nav Bharat Times were issued from Lucknow. The City Magistrate at Lucknow commenced proceedings under the Press and Registration of Books Act it regard to complaints received that the provisions of that Act had been contravened. These proceedings were stayed in a writ petition filed by Jansevak in the High Court at Calcutta. The stay order with slight modifications, remains operative, and the writ petition is yet to be disposed of.

2. The appellants by their letter dated October 5, 1983 asked the company to explain, in view















































































































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