Rajasthan Patrika Pvt. Ltd. Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

RP, 1077 of 2019, Judgment Date: Dec 18, 2020

Law Laid Down:-

Review Petition - Review petition can be entertained if there exits a mistake or error which is apparent on the face of record. Under the garb of review, the petitioner cannot be permitted to re-argue or re-agitate the entire matter. Re-appraisel of evidence or re-hearing of case without there being any error apparent is impermissible.

Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 - This is a beneficent piece of legislation. Thus, it is to be liberally construed. It cannot be interpreted in a hyper technical manner which may result into strangulating the litigant.

Rule 36 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957 – Statutory Form “C” - Rule used the word “shall”. The argument that the application must be in the prescribed form, otherwise the proceeding based thereupon must fail not acceptable. A beneficent provision cannot be read in a hyper technical manner. The process of conflict resolution is informal and demands a liberal approach.

Prescribed Form “C” - It is the “substance” which will determine whether the application is maintainable or nor and not the “form” of the application.

Procedural law – should not be given effect to in a hyper technical manner.

Rajasthan Patrika Pvt. Ltd. Vs. State of Madhya Pradesh and others