Case Name : Shri Babuji Rawji Shah vs S. Hussain Zaidi & Ors
Case Reference: (0000) 0 SCR 00 :
Neutral Citation:
Case Number: SLP (C) 15711/2021
Court: Supreme Court
Bench: 02 (per curiam)
Coram: Indira Banerjee, JK Maheshwari
Date: 24.02.2022
Court can order injunction even after certificate has been issued, on grounds on defamation, indecency, copyright, etc (Para 10)
A film being certified by CBFC prima facie shows compliance with requirement of guidelines (Para 13)
For interim relief, plaintiff must satisfy (Para 22) 1. Applicant was member of family or near relative of person defamed 2. What was stated was untrue 3. what was stated would lower character and reputation of the deceased Mere hurting of sensibility is not defamation
Refer also: Bobby Art International vs Om Pal Singh Hoon Nachiketa Walhekar vs Central Board of Film Certification Melepurath Sankunni Ezhuthassan vs Thekittil Gopalankuty Nair
See also: Cinematograph - Section 5A Cinematograph - Section 5B Cinematograph - Section 6 Cinematograph Certification Rules - Rule 32 IPC - Section 499 Indian Succession - Section 306
PDF: Babuji Rawji Shah vs S Hussain Zaidi, SLP (C) 15711-2021 (SC - Order).pdf