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2000 Supreme(Mad) 1306

M.KARPAGAVINAYAGAM
The Publisher, Sportstar Magazine, Chennai – Appellant
Versus
Girish Sharma – Respondent


Appearing Advocates:For the Petitioner:Vijay Narayan, Advocate. For the Respondent: --

Judgment :-

The Publisher, Sportstar Magazine is the petitioner herein.

2. This Sportstar Magazine dated 8-3-1997 published a photograph showing that Chess Grand Master Viswanathan Anand playing chess against V. Topalov in the Tournament in Linares in Spain. In the photograph, the Stop Watch and the Flag of the countries of the participants, which were displayed by the Organisers, were also depicted. While the chess play began, the Organisers had placed the Indian Flag upside down. Within a few minutes, the same was corrected by the Organisers by putting the flag in a proper position. Thereafter, the play continued.

3. Below the photograph published in the Magazine, the writer of the article had written a short report on the Chess Tournament as under :-

"Things went badly for Anand from the word go. He usually starts very well in such competitions. This time, he started with a defeat against Kasparov and ended the championship with a victory over Alexey Dreev. The Indian Flag, that was displayed, was placed upside down. When this was corrected, he started to play well and won 2 games."

4. The respondent/complainant, a resident of Gwalior, on reading the article published with the p










































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