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T. Parameswaran Vs. the District Collector, Ernakulam and ors.

Court : Kerala

Subject : Constitution

Acts : Kerala Dramatic Performances Act, 1961 - Sections 2(1), 3 and 4; Indian Penal Code (IPC), 1860 - Sections 295 and 295A; Constitution of India - Article 19(1)

Reported in : AIR1988Ker175

John Mathew, J. 1. This is an appeal filed under Section 10 of the Kerala Dramatic Performances Act, 1961, hereinafter referred to as the Act. The District Collector, Ernakulam who is the first respondent herein, passed … the procedure prescribed in that section as well as in R. 3 of the Kerala Dramatic Performance Rules 1964.14. Learned counsel on either side addressed elaborate arguments on the interpretation of the words 'Objectionable performance' and also … enunciated in Ranjit D. Udeshi v. State of Maharashtra (1965) 1 SCR 65 : AIR 1965 SC 881 which were adopted by the Khosla Committee

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Banking

Acts : Banking Companies (Acquisition and Transfer of Undertaking) Act, 1969 - Sections 4, 5 and 15(2); Banking Companies (Acquisition and Transfer of Undertaking) Ordinance, 1969; Banking Regulation Act, 1949 - Sections 5, 6(1), 22 and 27; Constitution of India - Articles 14, 19, 19(1), 31 and 31(2)

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530; 1970 INSC 18; MANU/SC/0011/1970

26 'Trade and commerce'; Entry 30 'Money-lending and money-lenders'; Entry 31 'Inns and Inn-keeping'; Entry 33 'Theatres and dramatic performances, cinemas etc.'. We are unable to accede to the argument that the State Legislature are competent to legislate … Act, 1949, and also to engage in one or more forms of business specified in Sub-section (1) of Section 6 of that Act. The Chairman of the named bank holding office immediately before the commencement of the Ordinance

Zacchini Vs. Scripps-howard Broadcasting Co.

Court : US Supreme Court

Subject : Land Acquisition

petitioner for broadcasting his act on television than it would privilege respondent to film and broadcast a copyrighted dramatic work without liability to the copyright owner, or to film or broadcast a prize fight or a baseball … of his talents." [ Footnote 4 ] This right of "exclusive control over the publicity given to his performances" was said to be such a "valuable part of the benefit which may be attained by his talents … Ohio St.2d at 235, 351 N.E.2d at 461. [ Footnote 6 ] Section 51 of the New York Civil Rights Law (McKinney 1976) provides an

Karnataka Film Industry Development Corporation Ltd. Vs. State of Karn ...

Court : Karnataka

Subject : Other Taxes

Acts : Karnataka Entertainments Tax Act, 1958 - Sections 2, 3B, 4A and 5; Constitution of India - Article 14; Karnataka Cinemas (Regulation) Act, 1964; Mysore Cinematograph Shows Act, 1959; Mysore Amusements Tax Act, 1932; Government of India Act; Laws Amendment Act, 1982; Tamil Nadu Act, 1989

Reported in : AIR1995Kant397; ILR1995KAR1758; 1995(39)KarLJ431

attention to entry-33 of List-11 of the Seventh Schedule to the Constitution which runs as follows: 'Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements'. He contends that … show if all the seats or accommodation as determined by the licensing authority under the Karnataka Cinemas (Regulation) Act, 1964, in respect of the place of entertainment are occupied and collected at the maximum rate of payment for … rate of 50% of what was payable by exhibitors of other movies. 6. On receipt of the Report from the Committee, the Government introduced a … bunch of petitions the petitioners call in question the constitutional validity of Sections 3B and 4A of the Karnataka Entertainments Tax Act, 1958 hereinafter referred

Mumbai Grahak Panchayat Vs. State of Maharashtra

Court : Mumbai

Subject : Civil

Reported in : (1983)85BOMLR218

was pointed out that the words 'entertainments' and 'amusements' in entry 62 are wide enough to include theatres, dramatic performances, cinemas, sports and the like. The argument there was that there is a conflict between entry 62, list … validity of the Kerala Luxury Tax on Tobacco (Validation) Act (9 of 1964). that was a legislation enacted in exercise of legislative power under entry … the fifth petitioner is the vice-president. Petitioner No. 6 is a dealer in television sets carrying on … raise a question about the validity of the Maharashtra Luxury-cum-Entertainment and Amusement Tax on Holders of Television Sets Act, 1982 (hereinafter referred to as 'the Act').2. Writ petition No. 1454 of 1982 is filed by the Mumbai … force on 1st July 1982. The charging provision in the Act is Section 3 which reads as follows:Subject to the other provisions of this Act,

Manohar Bondade Vs. District Magistrate

Court : Karnataka

Subject : Commercial

Acts : Video Casette Recorder (Regulation) Rules, 1984 - Rules 4(7), 7 and 9; Karnataka Cinemas (Regulation) Act, 1964 - Sections 16 and 17; Karnataka Cinemas (Regulation) Rules

Reported in : ILR1989KAR2232; 1989(2)KarLJ499

powers to make laws. The relevant Entry-33 of List II (State List) reads as follows:-'Entry 33. Theatres, and dramatic performances; cinemas subject to the provisions of Entry 60 of List I; sports, entertainments and amusements. '28. Under Entry … in support of this argument on the provisions of Sections 16 and 17 of the Karnataka Cinemas (Regulation) Act, 1964. ('the Act').5. Sri Kamath has strenuously contended that the District Magistrate has no power to revoke or suspend … public generally, the suitability of the place, adequacy of the place for the exhibition etc., are provided in Section 6 of the Act. All other matters of detail and the terms and conditions which the Licensing Authority can

Rivers Vs. Roadway Express, Inc.

Court : US Supreme Court

Subject : Land Acquisition

C. § 185(a), and Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et … was intended to "respond to the Supreme Court's recent decisions by restoring the civil rights protections that were dramatically limited by those decisions," S. 2104, § 2(b)(1) (emphasis added), and the section responding to Patterson was entitled … Rights Act of 1866, Rev. Stat. § 1977, 42 U. S. C. § 1981, to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual … their argument that Bradley v. School Bd. of Richmond, 416 U. S. 696 , controls here, rather than the presumption against statutory retroactivity. Pp. 303-304.

Rasdeep Touring Talkies Vs. District Magistrate and anr.

Court : Punjab and Haryana

Subject : Civil

Acts : Punjab Cinemas (Regulation) Act, 1952 - Sections 9; Punjab Cinemas (Regulation) Rules, 1952 - Rule 3; Constitution of India - Article 19(1) and 19(6)

Reported in : AIR1967P& H219

of Entry 60 of List I' is included in Entry 33 of List II State List. 'Theatres and dramatic performances' are also included in Entry 33 of List II in the Seventh Schedule of the Constitution.The various State … Cinemas (Regulation) Rules, 1952, hereinafter called the Punjab Rules, framed under Section 9 of the Punjab Cinemus (Regulation) Act, 1952 (Punjab Act 11 of 1952), hereinafter referred to as the Punjab Act Before dealing with the abovesaid … licences under the Punjab Rules for various places for different periods during 1964-65.3. Solar eclipse fair is held at Kurukshetra in Karnal District after about … 33 of 1919, Act 38 of 1920, Act 39 of 1949, Act 69 of 1949, and Act 3 of 1951. The 1918 Act, so amended,

California Vs. Larue

Court : US Supreme Court

Subject : Service Tax

could not be classified as obscene or lacking a communicative element. Held: In the context not of censoring dramatic performances in a theater, but of licensing bars and nightclubs to sell liquor by the drink, the States have … 400 U. S. 433 (1971); Hornsby v. Allen, 326 F.2d 605 (CA5 1964). I am at a loss to understand why the Twenty-first Amendment should … type of entertainment that might be presented in bars and nightclubs that it licensed. Appellees then brought this action in the United States District Court for the Central District of California under the provisions of 28 U.S.C. … portion of his or her genitals or anus'; and, by a companion section," "(e) The displaying of films or pictures depicting acts a live performance … Young's Market Co., 299 U. S. 59 , 64 (1936): "A classification recognized by the Twenty-first Amendment

Sony Corp. Vs. Universal City Studios

Court : US Supreme Court

Subject : Land Acquisition

the Court, explained: "The defendant not only expected but invoked by advertisement the use of its films for dramatic reproduction Page 464 U. S. 436 of the story. That was the most conspicuous purpose for which they … ] No issue concerning the transfer of tapes to other persons, the use of home-recorded tapes for public performances, or the copying of programs transmitted on pay or cable television systems was raised. See id. at 432-433, … in the first copyright revision bills, drafted by the Copyright Office in 1964. Page 464 U. S. 467 These bills, like the 1976 Act, granted … television programs that are broadcast on the public airwaves. Respondents brought an action against petitioners in Federal District Court, alleging that VTR consumers had been … Act is prefaced by the words "subject to sections 107 through 118." Those sections describe a variety … respondents' programs is legitimate fair use. Pp. 442-456. 659 F.2d 963, reversed. STEVENS, J., delivered the opinion