Court : Supreme Court of India
Reported in : AIR1988SC526; JT1988(1)SC36; 1988(1)SCALE10; 1988Supp(1)SCC176; [1988]2SCR511; 1988(1)LC433(SC)
..... in the instant case the title of the act is 'the karnataka cinemas (regulation) act 1964' and its preamble declares that it is 'an act to provide for regulating exhibition by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of karnataka. ..... these appeals and writ petitions involve two questions of law; (i) whether rule 41-a of the karnataka cinemas (regulations) rules (hereinafter referred to as the rules) framed by the state government under section 19 of the karnataka cinemas regulations act of 1964 (karnataka act 23 of 1964) (hereinafter referred to as the act) has been made 'for purposes of the act', and (ii) whether rule 41-a places unreasonable restrictions on the appellants' right to carry on their business of exhibiting cinematograph films in violation of article 19(1)(g) of the constitution.2. ..... had been rejected by the licensing authority on the ground that under rule 67 of the hyderabad cinemas rules 1953 framed under the hyderbad cinemas (regulation) act 1952 no licence for a travelling cinema show could be issued more than once during the same year for the same place, the petitioner therein challenged the validity of rule 67 of the hyderabad cinema rules 1953 on the ground that the rule did not carry into effect the provisions .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1336
..... . eshwarappa and sri devadas and before i proceed further, it will be better, just and proper to refer to the provisions contained in the karnataka cinema (regulation) act and the rules.a reading of the preamble of the karnataka cinema act, 1964 indicates that the act has been enacted to provide for regulation of exhibition by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of karnataka and for other matters ..... . sections 11 and 16 of the karnataka cinemas (regulation) act, 1964, read as under:11 ..... from as refusal to exercise jurisdiction vested on one hand and on the other, cancelling no objection certificate really is illegal and submitted that a reading of the necessary provisions will lead to the conclusion of law to the effect that no construction of cinema can be made without permission being granted by the licensing authority in view of section 11 of the karnataka cinema (regulation) act and the rules ..... the certificate shall on the expiry of the said period, stand abated.then, by the amendment sub-rules 3 and 4 were added to rule 28 of the karnataka cinemas (regulation) rules, 1971 vide the amending rules of 1990 and it is provided:sub-rule (3): 'in case a no objection certificate holder has not commenced or completed the construction of the cinema building within the period specified under sub-rules (1) and (2) and requires further extension of the period for commencement or completion of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR183
..... in these petitions, the petitioners have pleaded that the amendment rules are beyond the competence of the state government, that the amendment rules are ultra vires section 5(2) of the karnataka cinemas (regulation) act, 1964, (hereinafter referred to as 'the act'), that the government through rules cannot impose conditions and restrictions subject to which the licence is to be granted as the imposition of conditions and restrictions is within the exclusive jurisdiction of the licensing authority, that the licensing ..... srinivasan, learned counsel, in order to substantiate his argument, had placed strong reliance on the preamble which reads thus:'whereas it is expedient to provide for regulating exhibitions by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of karnataka and for other matters hereinafter appearing. ..... construing a statutory provision nor does the mere fact that a clear and unambiguous statutory provision goes beyond the preamble give rise by itself to a doubt on its meaning,' in the instant case, learned counsel for the petitioners sought to build his argument mainly on the language of the preamble assuming that the provisions of the act do not specifically provide for a power in the government to enact the impugned rule and for the purpose of dealing .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR427
..... sub-section (6) as inserted in the year 1985 staled that:'it shall be presumed that proprietor of an entertainment has conducted all the shows permitted to be conducted by him under the karnataka cinemas (regulation) act, 1964 unless he produces a certificate in the prescribed form along with his returns from the local authority or any other authority notified by the government that any such show has not been conducted ..... the petitioners are the exhibitors of cinematograph shows governed by the provisions of the karnataka cinemas (regulation) act, 1964 and the rules framed thereunder. ..... one of the amendment, relevant here, is the substitution of sub-section (6) as follows:'it shall be presumed that the proprietor of an entertainment has conducted all the shows permitted to be conducted by him under the karnataka cinemas (regulation) act, 1961, unless he produces along with his return a certificate in the prescribed form, from the prescribed authority that any such show has not been conducted, and for this purpose the prescribed authority ..... they are also liable to pay the taxes under the provisions of the karnataka entertainment tax act, 1958 ('the act', for short). ..... on the face of it this is a simple procedure which would save the cinema theatre owners from maintaining an elaborate account for the payment of tax under sections 3 and 3a ..... the state government amended the act as per karnataka act no. ..... in all the above cases, the office is directed to prepare the cause title, preamble etc.2. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR1231; 1984(2)KarLJ450
..... 41a of the karnataka cinemas (regulation) rules framed by government under section 19 of the karnataka cinemas regulation act of 1964 (karnataka act 23 of 1964) was for purposes of the act or not ? ..... it would therefore be reasonable to deduce that the word 'regulation' is a word of broad import having wide meaning comprehending all facts not only specifically enumerated in the act but also embrace within its fold the powers incidental to the regulation envisaged in good faith with a view solely to the ..... consequently it follows that the impugned rule does not contravene article 19(l)(g) of the constitution.impugned rule valid as it is for the purpose of the act and within the competence of the rule - making - authority and not violative of article 19(l)(g) of the constitution.in view of divergence, questions of law arising for determination referred to rama ..... of article 19 of the constitution or not ?per rama jois, j.18th september 1984(i) on consideration of the object and purpose for the achievement of which the rule is framed, the rule is for the purpose of the act as discernible from the provisions of the act preamble, sections 6(2), 8(b), 12, 19(2)(2), 19(2)(d) and (e)j and therefore, inuavires. ..... the element of restriction or restraint is inherent both in regulative measures as well as prohibitive or preventive measures ....the term ' prohibit' ..... thus, from the meaning of ' regulate' and ' prohibit ' it is clear that the element of restriction is found in both but it varies only .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1975KAR481; 1975(1)KarLJ419
..... in the result, i allow these petitions partly and-(i) declare that clause (b) of sub-rule (1) of amended rule 107 of the karnataka cinemas (regulation) rules, 1971, is ultra vires of the karnataka cinemas (regulation) act, 1964;(ii) quash the order of the licensing authority (the district magistrate, bellary) dated 24-8-1974, refusing to re-grant the licence to the petitioner in w. p. no. ..... after setting out the relevant provisions ot the hyderabad cinemas (regulation) act, 1952, which are very similar to those of the karnataka cinemas (regulation) act, 1964, somnath iyer, j. ..... before dealing with the rival contentions of learned counsel in these petitions, it is useful to set out the relevant provisions of the karnataka cinemas (regulation) act, 1964, (hereinafter referred to as the act) and the rules made thereunder.4. ..... the state government framed rules called 'the karnataka cinemas (regulation) rules, 19'71', (hereinafter referred to as the rules) which came into force on 15-3-1971 (on which date the act also came into force).17. ..... in these petitions under article 226 of the constitution, the petitioners have prayed for striking down rules 11 and 16 of the karnataka cinemas (regulation) (first amendment) rules, 1974, (hereinafter referred to as the amendment rules) as unconstitutional. ..... the main object of the act has been stated in its preamble as regulating exhibitions by means of cinematographs and licensing of places in which cinematograph films are exhibited.6. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant158
..... the karnataka cinemas (regulation) act, 1964, came into force in the state of karnataka, on 15-3-1971 ..... 98, karnataka cinemas (regulation) rule,1971.ariddismin these writ petitions and appeals ..... 98, karnataka cinemas (regulation) rules, 1971 (to be hereinafter referred to as 'the rules'), arises for our determination in the present writ petitions and writ appeals ..... the above purpose of the act discerned by us on an analysis of the preamble to and the provisions of the act and the purpose of the act is discerned by the full bench of this court in rendering its opinion dated 15-111978 in writ appeals nos ..... the purposes sought to be achieved by the act as discernible from the above analysis of the preamble and the provisions of the act are (a) the regulation of cinematograph exhibitions in the state of karnataka covering all its integrated areas by providing for licensing of places in which such exhibitions could be held having regard to the locality or localities to be benefited there from (see: ss ..... earlier, on an analysis of the preamble and the provisions of the act, we have found that one of the purposes of the act is to secure to the public of different localities all over the state the benefit of cinematograph ..... the sustainability or otherwise of the above formulations could be well appreciated in the light of the purposes sought to be achieved by the act, we shall, here, endeavour to discern such purposes by analysing the preamble to the act and its provisions.6. ..... the preamble and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1
..... the karnataka cinemas (regulation) act, 1964, came into force in the state of karnataka, on the 15th of march 1971. ..... the preamble and section 23 of the act, if are read together, make it obvious that the karnataka statelegislature has enacted the act in the year 1964 to have a uniform law in all the integrated areas of the state of mysore (now karnataka), namely, mysore area, mangalore and kollegal area, belgaum area, gulbarga area and coorg area, for regulation of cinematograph exhibitions by licensing of places in which such cinematograph exhibitions could be held having regard to the matters appearing in the act. ..... the purposes sought to be achieved by the act as discernible from the above analysis of the preamble and, the provisions of the act, are (a) the regulation of cinematograph exhibitions in the state of karnataka covering all its integrated areas by providing for licensing of places in which such exhibitions could be held having regard to the locality or localities to be benefited therefrom (see : sections 6(d) and 12) and; (b) the regulation of exhibitions in the state of karnataka ensuring the safety, convenience and comfort of public who may attend those ..... the above purpose of the act discerned by us on an analysis of the preamble to and the provisions of the act and the purpose of the act as discerned by the full bench of this court in rendering its opinion dated 15-11-1978 in writ appeals nos. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant328; 1998(4)KarLJ353
..... acts/rules/orders:karnataka rent control act, 1961 - sections 3 and 21;specific relief act, 1963 - section 6;constitution of india - article 141;transfer of property act, 1882 - sections 105 to 117;karnataka cinemas (regulation) act, 1964 - sections 5, 8, 17 and 18;karnataka cinemas (regulation) rules, 1971 - rule 6;u.p (temporary) control of rent and eviction act, 1947;wealth tax actcases referred:uttamchand v. s.m. ..... it is the case of the appellant that 3rd respondent who is the owner of the cinema theatre and equipment and which has been granted licence to run the cinema theatre under karnataka cinemas (regulation) act, 1964 (hereinafter called the 'act') has leased the theatre with equipment subject to terms and conditions contained in the agreement. ..... the question is whether the appellant who was not granted licence under karnataka cinemas (regulation) act, 1964, and rules, 1971 is entitled for the grant of renewal. ..... the important question for consideration is whether leasing of a cinema business with the right to use the licence obtained (to screen pictures) and held by the lessor can be said to be a letting-out of a building as defined under the karnataka rent control act?it is necessary for this purpose to look into the terms of agreement dated 14-7-1990.the preamble to the agreement states that the subject-matter of the agreement is hiring of a theatre with equipment for exhibition of pictures for the .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(5)KarLJ512
..... the karnataka cinemas (regulation) act, 1964 is an act to provide for regulating exhibition by means of cinematographs and thelicensing of places in which cinematograph films are exhibited. ..... the court then found that levy and collection of entertainment tax was under the provisions of karnataka entertainment tax act, 1958 and the said act did not provide that a licensee under the cinemas (regulation) act should not be a defaulter before seeking a regrant of licence under the cinemas (regulation) act. ..... the karnataka cinemas (regulation) rules, 1971 were framed in exercise of the powers under section 19 of the said cinemas (regulation) act. ..... additional government advocate first invited my attention to the preamble to the excise act which reads as follows: 'whereas it is expedient to provide for a uniform law relating to the production, manufacture, possession, import, export, transport, purchase and sale of liquor and intoxicating drugs and the levy of duties of excise thereon, in the state of karnataka, and for certain other matters hereinafter appearing'.he next referred to section 63 of the excise act which provides for recovery of government dues, including ..... 'relying on the preamble and section 63, he contended that recovery and collection of excise revenue is one of the objects and purposes of the act and having regard to the definition of excise revenue even sales tax would be excise revenue. .....
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