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S. TALAPATRA
Suman Nag – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S. Talapatra, J. - By means of this writ petition, the petitioner has challenged the order No. F.6(298)/DM/S/JDL/PRB Act/P-I/2021/280 dated 18.09.2021 issued by the District Magistrate, South Tripura Belonia [Annexure-9 to the writ petition]. In addition thereto, the petitioner has urged for a writ of prohibition against the respondents restraining them from acting in furtherance of the said order dated 18.09.2021.
2. The petitioner started publishing a vernacular newspaper namely Kalamer Shakti (Bengali daily) since 23.11.2017. The petitioner decided to change the language of the newspaper and accordingly, the declaration under Section 5 (2D) of Press and Registration of Books Act, 1867, PRB Act, in short was made. The said declaration was authenticated on 17.06.2021 by the respondent No. 2 [the District Magistrate, South Tripura] under Section 6 of the PRB Act. After three months of filing the said declaration, the respondent No. 2 issued a show cause notice to the petitioner [Annexure-3 to the writ petition]. By the said show cause notice, the petitioner has been asked to explain how the said newspaper commenced its publication as an English daily without any certificate
A fresh declaration is required under Section 5(2D) of the Press and Registration of Books Act for changing the language of a newspaper, necessitating compliance with the statutory registration proce....
The main legal point established in the judgment is the importance of upholding family settlements and the mandatory inquiry by the Registrar of Newspapers for India in cases where different entities....
The court clarified the limited scope of jurisdiction in verifying declarations under the Press and Registration of Books Act, 1867.
The right to change one's name is subject to reasonable regulations, requiring prior court declaration for validity, which was not fulfilled in this case.
Point of law: Mandal Revenue Officer shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the recor....
The right to change one's name is recognized as a fundamental right, but requires a civil court declaration and adherence to statutory regulations.
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