IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Dainik Samachar Ltd Through Its Director Mrs Kiran Chopra – Appellant
Versus
The Registrar of Newspaper For India Through The Press Registrar – Respondent
W.P.(C) 17742 of 2022
Decided On : 28-03-2023
Punjab Kesari - Newspaper Registration - Press and Registration of Books Act, 1867, Section 5(2E), Section 6 - The court discussed the family settlement agreements, the Memorandum of Family Settlement, and the order of the National Company Law Tribunal recognizing the settlement. The court also highlighted the requirements under the Press and Registration of Books Act, 1867, for ownership transfer and the need for authentication of documents by the Magistrate. The court emphasized the legal principles related to family settlements and the importance of upholding such settlements to maintain peace and harmony within the family. The court also referred to a previous judgment emphasizing the mandatory inquiry by the Registrar of Newspapers for India in cases where different entities publish different editions of the same newspaper title.
Fact of the Case:
The petition was filed seeking a writ of mandamus to update the registration of the newspaper 'Punjab Kesari' to reflect changes in ownership and editorship. The petitioner had obtained a family settlement agreement and a no-objection certificate from the current owner, but the Registrar of Newspapers for India (RNI) had not permitted the transfer citing discrepancies.
Finding of the Court:
The court found that the family settlement had attained finality and the petitioner had fulfilled the necessary conditions for ownership transfer. The court emphasized the importance of family settlements and recognized the legal principles related to upholding such settlements. The court also highlighted the mandatory inquiry by the RNI in cases where different entities publish different editions of the same newspaper title.
Issues: The issues revolved around the transfer of ownership and editorship of the newspaper 'Punjab Kesari' in light of the family settlement agreement and the requirements under the Press and Registration of Books Act, 1867.
Ratio Decidendi: The court emphasized the legal principles related to family settlements and the importance of upholding such settlements to maintain peace and harmony within the family. The court also referred to a previous judgment emphasizing the mandatory inquiry by the Registrar of Newspapers for India in cases where different entities publish different editions of the same newspaper title.
Final Decision: The court allowed the petitioner's application for ownership transfer and directed the petitioner's representative to appear before the RNI for final verification of documents. The court disposed of the petition and all pending applications.
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-M/s Dainik Samachar Ltd. through its Director-Mrs. Kiran Chopra, against Respondent No.1-Registrar of Newspaper for India (`RNI') and Respondent No.2-GNCTD.
3. The reliefs sought in this petition are as under:
"a) Issue a Writ of Mandamus or any other appropriate writ directing the Respondent No. 1 to update its Register based upon the authenticated declaration dated 14.09.2022 to reflect the change in printer, publisher, editor and owner of `Punjab Kesari', Daily, Hindi, Delhi Edition; and
b) Issue a Writ of Mandamus or any other appropriate writ directing Respondent No. 1 to issue the updated certificate of registration bearing no. 40474/83 reflecting the change in printer, publisher and editor of `Punjab Kesari', Daily, Hindi, Delhi Edition; and
c) Issue a Writ of Mandamus or any other appropriate writ directing Respondent No. 1 to make necessary entries in the register and issue the necessary registration certificate in respect of territories falling to the share of the Petitioner, as per the MOFS dated 16.07.2022, as and when applied for by the Petitioner;"
4. `Punjab Kesari' is a well-known newspaper, published in India from around Independence in 1948. The said newspaper initially started publication in Jalandhar, Punjab as `Punjab Kesari' Jalandhar edition in 1965 and `Punjab Kesari' Delhi edition in 1983. Both publications were being carried out by the owner- M/s. The Hind Samachar Ltd., with Sh. Vijay Kumar Chopra as printer, publisher and editor, and was duly registered with the RNI. The details of the certificates of registration is provided below:
| Newspaper | Publication City | RNI Certificate No. | Owner Name |
| Punjab Kesari | Jalandhar | 10117/65 | Hind Samachar Ltd. |
| Punjab Kesari | Delhi | 40474/83 | Hind Samachar Ltd. |
5. Over the years, two family settlement agreements are stated to have been entered into between the various members of the family which was publishing Punjab Kesari. The broad division is between the descendants of sons of Late Mr. Lala Jagat Narain, i.e. Late Mr. Romesh Chandra Chopra and Mr. Vijay Kumar Chopra who was running the M/s The Hind Samachar Ltd. Disputes arose between, namely, Late Mr. Ashwini Kumar Chopra (son of Late Mr. Romesh Chandra Chopra) and Mr. Vijay Kumar Chopra.
6. This disputes are stated to have resulted initially in a family settlement/consent order dated 19th October, 2005 (`2005 Settlement'). Post this dispute, two groups were formed, i.e. Group A, identified to the family of Late Mr. Romesh Chandra Chopra (hereinafter known as `AKC parties') and Group B, identified to the family of Mr. Vijay Kumar Chopra (hereinafter known as `VKC parties'). M/s The Hind Samachar Ltd. was then divided between two lots i.e. Lot 1 consisting, inter-alia of Jalandhar and Ambala Units in share of Group B or VKC parties and Lot 2 i.e. the Delhi and Jaipur Units in Group A or AKC parties. The Delhi Unit of Punjab Kesari fell in the share of Mr. Ashwini Kumar Chopra group/AKC parties, but the RNI registration continued to be in the name of Mr. Vijay Kumar Chopra. Thereafter, certain disputes arose between AKC parties and VKC parties during the implementation of execution of the Consent Order dated 19th October 2005, and disputes continued at various fora. Therefore, the Petitioner urges that, no changes/amendments could be made in printer, publisher, editor of the Punjab Kesari-Delhi Edition, which as a result continued with Mr. Vijay Kumar Chopra as printer, publisher, editor and The Hind Samachar Ltd., as owner.
7. After the 2005 settlement, a further oral family settlement was entered between the AKC parties and the VKC parties, and the same was recorded in the form of Memorandum of Family Settlement dated 16th July, 2022 (`MoFS'). As per Clause 3.8 of the MOFS, the title `Punjab Kesari' - Delhi edition along with other territories as mentioned in Clause 9.1 of the MOFS has
AI
In cases of succession disputes concerning the registration of a periodical under the Press and Registration of Periodicals Act, 2023, the Registrar has a mandate to conduct an inquiry under Section ....
The court ruled that only civil courts can determine the validity of property documents, overruling previous decisions on appeal maintainability regarding PPBs and TDs.
Family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division.
Government's arbitrary categorization of newspapers violates constitutional protections of equality and freedom of speech, requiring fair consideration of applications for advertisement status.
The court reaffirmed that unauthorized changes in land records without due process violate principles of natural justice and cannot substantiate claims of ownership less than legal title.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
An unregistered document that creates or extinguishes rights in immovable property for the first time requires mandatory registration. If such a document is the sole basis of a suit and lacks registr....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.