Application to High Court to set aside declaration of forfeiture
AI Assist
Summary
Anyone with an interest in a newspaper, book or other document declared forfeited may apply to the High Court within two months of the declaration's publication in the Official Gazette to say the item did not contain the prohibited material. A Special Bench (three Judges, or all Judges if the Court has fewer) will hear the application and may admit copies of the publication as evidence. If the High Court is not satisfied the banned matter was present, it must set aside the forfeiture; a majority view decides if judges differ.
Example
Priya publishes a local weekly and one issue was declared forfeited and its forfeiture published in the Official Gazette. Within two months Priya applies to the High Court saying that issue did not contain the prohibited words and files copies of the paper as evidence. The Special Bench hears the case and will set aside the forfeiture if it is not satisfied the banned matter was present.
Bare Act
Enacted text(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
Previous year papers
Pick your exam. we'll email the most recent paper.