Delhi HC Issues Summons in Amul’s Suit Against Video Alleging Cow Torture and Cruelty

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

The Delhi High Court issued the summons in a suit by the owner of Amul trademark, GCMMF. The video used Amul’s trademark while showing torture and cruelty to cows. (GCMMF vs Nitin Jain & Ors).

Brief Facts

The Plaintiff filed a suit against the video, “Unholy Cattle of India: Exposing Cruelty in the Indian Dairy Industry”. The video was uploaded by one Nitin Jain. He was the proprietor of Bengaluru Brigade for Animals Liberation.  The uploader concerned had already undertaken to remove all references.  This was with reference to the ones made to the Plaintiff and its products in the video. The suit was filed through Advocate Abhishek Singh.  Plaintiff also pursued a separate suit against another defamatory video.  Senior Advocate Chetan Sharma with others appeared for the Plaintiff. Senior Advocate Raj Panjawani appeared for the uploader.  Advocates Neel Mason, Ridhima Pabbi, and others represented YouTube.

Contentions:

Plaintiff apprehended that the disparaging and defamatory video was borne out of propaganda.  The video was defamatory and slanderous and this was a major contention of Plaintiff.  It spread false narratives and information on Amul products. The Plaintiff’s grievance was that the video targeted and referred to Amul products. It spoke about the “ill-treatment” of cattle, asking the public to discard the intake of milk and dairy products to prevent it.

It was contended that the viewers were misled to believe that Plaintiff is inflicting cruelty as shown in the video. The Plaintiff submitted that it was the largest cooperative society in India & distributed its profits back to the farmer. It also contributed to the development of not only individual members but also the entire village community.  A significant percentage of the market was held by Plaintiff. It gathered more than 80 lakh kg milk around 11,000 village milk cooperative societies and more.  On a regular basis, thirty-six lakh farmers contribute to the supply as well.  Plaintiff clarified that the dairy animals in total were in the care and shelter of the farmers who were members.  They were not subjected to any sort of cruelty.  The allegations were misleading, frivolous, and baseless. The video greatly affected Plaintiff’s goodwill.  It also injured its unbridled reputation.

The uploader claimed that the ‘AMUL’ trademark was not used for commercial purposes.

Court’s Observation

A single-judge Bench of Justice Mukta Gupta was set up. The uploader was asked to show on affidavit, how Plaintiff indulged in cruelty to cows and why the Amul mascot was used in the video.  The court asked the uploader if he had made any profits out of the videos.  The videos have been available to the public since 2018. Thus, the Court held it appropriate to not pass any ad interim injunction temporarily till the uploader replies.  YouTube and Facebook’s responseS were also sought.

Court’s Decision

The matter would be heard next on April 26, 2021. 

Click here to view the order


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -