Karnataka Court September 1978 Judgments
T.M. Sriramulu Naidu and ors. Vs. Divisional Commissioner and ors.
Court: Karnataka
Decided on: Sep-01-1978
Reported in: ILR1984KAR1127
ORDER OF REFERENCE TO DIVISION BENCHDated 15th April 1975per Jagannatha Shetty J.Held:The primary contention arising for consideration is whether the District Magistrate while considering the application for regrant of licence under Rule 105 could take into consideration any of the representation from the public touching upon the matters which are relevant for granting ' No Objection Certificate...the decision of Chandrasekhar, J., in SRI LAKSHMI TOURING TALKIES (A.I.R. 1975 Karnataka 37 - 1975 (1) K.L.J. 419), proceeds on the basis that the District Magistrate at the time of regrant is required to consider only the matters relevant for the regrant of licence,...that when once a 'No Objection certificate has been granted, the question whether the requirements of Rule 107 have been satisfied or not cannot be gone into at the time of regrant of licence ....But, the observation of Malimath J. in Madanaik's case gave an indication that it is open to the District Magistrate to take into con...
Tag this Judgment!State of Karnataka Vs. Sri Laxmi Touring Talkies and ors.
Court: Karnataka
Decided on: Sep-01-1978
Reported in: ILR1984KAR1192
Jagannatha Shetty, J.1. These appeals are preferred against the Order made by D.M. Chandrashekhar, J., as he then was, allowing the Writ Petitions filed by the proprietors of touring cinemas in which the validity of Rule 107 (1) (b), as it then was, of the Karnataka Cinemas (Regulation) Rules, 1971, was challenged. The learned Single Judge declared the said rule as ultra vires of the Karnataka Cinemas (Regulation) Act, 1964. He did not go into the constitutional validity of the said rule.2. The question of the validity of Rule 107 (1) (b) was referred to a Full Bench and the Full Bench has rendered its opinion stating that that rule was not ultra vires of the Act. The Opinion of the Full Bench has been rendered on 1st September, 1978. The appeals have been now posted for further hearing along with the said opinion of the Full Bench.3. We are bound by the opinion of the Full Bench and the appeals must be disposed of accordingly. But at this stage, Mr. Sridharan, Learned Counsel for the ...
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