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NEENA BANSAL KRISHNA
Ruba Ahmed – Appellant
Versus
Hansal Mehta – Respondent
Headnote: Read headnote
JUDGMENT
I.A.13532/2021 (U/O XXXIX Rules 1 & 2 r/w Section 151 of CPC, 1908)
1. An application under Order XXXIX Rule 1 & 2 read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed for ad-interim injunction for restraining the defendants from releasing the movie "FARAAZ" in any manner whatsoever, amounting to infringement of plaintiff's fundamental right to privacy and fair trial; to restrain the defendants from using plaintiff's daughter's name and also the name of their best friend Faraaz and their image/caricature/lifestyle/likeness in the forthcoming movie "FARAAZ" in any manner; to direct the defendant to remove all references/press release/videos/posters/advertisement/content/publicity material containing the names of the daughter's of the plaintiffs and also name of their best friend Faraaz and their image/caricature/lifestyle/likeness from all websites, television channel, newspapers, social media and or other modes of advertisements and promotion in any other mode of electronic or pr
The judgment emphasizes the inherent nature of the right to privacy as a common law right and its relationship with the Constitution of India. It highlights the balance between the right to privacy a....
The judgment established the importance of an existing work for claiming copyright, the limitations on assignment of copyright, and the conditions for commercial exploitation of privacy rights under ....
Interim injunctions in defamation suits must balance free speech and reputation, requiring clear evidence of harm; mere allegations are insufficient for relief.
The enforceability of personality and publicity rights protects against unauthorized commercial exploitation of a public figure's name, affirming that such names can constitute intellectual property.
The balance between the right to privacy and freedom of expression must be upheld, emphasizing that claims of defamation require full trial for verification.
The right to privacy in matrimonial matters is protected under Article 21, and courts must carefully balance this right against freedom of expression when considering interim injunctions in defamatio....
The main legal point established in the judgment is the need to balance the freedom of speech and expression with the right to privacy and reputation, emphasizing that the right to privacy, reputatio....
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