Court : Karnataka
Reported in : ILR1986KAR3258
..... learned single judge has observed that in view of section 11(2) of the karnataka cinemas (regulation) act, 1964, the aforesaid proviso to section 304 has no application for construction of a building for the exhibition of cinematograph films. ..... section 4 of the karnataka cinemas (regulation) act, 1964 (hereinafter referred to as the 'act') provides that no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under the act, or otherwise than in compliance with any conditions and restrictions imposed by such licence. ..... section 5 of the act, provides for licencing for exhibition of cinematograph films to any person who intends to give exhibition by means of a cinematograph, he has to make an application in writing to the licensing authority for licence. ..... sections of the act, directs the licensing authority that it shall not issue licence unless it is satisfied that the rules made under the act have been substantially complied with ; adequate precautions have been taken in the place in respect of which the licence is to be granted to provide for the safety, convenience and comfort of the persons attending exhibitions therein; and the limit regarding the number of places for the area determined under section 7, is not exceeded. .....
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 ..... . section 5 of the act deals with the licences for exhibition of cinematographs film ..... the owner or person in charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits or suffers that place to be used, in contravention of the provisions of this act or of the rules made thereunder or of any of the conditions and restrictions upon or subject to which any licence or permission has been granted under this act, or of any conditions or restrictions specified in an order under section 20, or if any person contravenes the provisions of section 11 or any other provisions of this act or rule made thereunder, he .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2599; 1987(3)KarLJ634
..... 'the combined effect of the provisions of the act and the amendment rules would show that the existence of a licence is a condition precedent for conducting cinematograph exhibition in a touring cinema or semi-permanent cinema and an application for such a licence can be rejected by the authority having the power to grant licence under section 5 of the act, if the rejection is called for, having regard to the provisions of the act and the rules, recording the reasons for the rejection. ..... it has to be read along with the provisions of karnataka cinemas (regulation) act, 1964 ('the act' for short). ..... on 19-5-1987 the district magistrate sent a communication to the petitioner calling upon him to stop the exhibition of films with effect from 25th may, 1987. ..... required in columns (8) and (10) of form-aa, the application of the petitioner was no application at all and, therefore, on the ground that the petitioner had not made any application under sub-rule (i) of rule 105 he must stop exhibition of films with effect from 25-5-1987.14. ..... licence for exhibition of cinemato -- graph films.... .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4843
..... the bare reading of the said section makes it clear that, if the holder of the licence is convicted for the offence under section 16 of the karnataka cinemas (regulation) act, 1964, or under section 7 of the cinematograph act or under other provisions mentioned therein, the licensing authority may revoke or suspend the licence as it thinks fit in the case. ..... however, it is made clear that, if the licencing authority has reason to believe that the petitioner is persisting or continuing to commit illegal activities as mentioned in the police report, the authority may initiate proceedings against the petitioner in accordance with section 16(2) of the karnataka cinemas (regulation) act, 1964. ..... the learned counsel for the petitioner submits that the order in question in illegal, inasmuch as, the same is passed contrary to the provisions under section 17(1) of the karnataka cinemas (regulation) act, 1964. ..... on the report of the police sub-inspector of challakere police station, the district magistrate cancelled the licence of the petitioner under rule 9 of the karnataka exhibition of films on television screen through video cassette recorder (regulation) rules, 1984.3. ..... , the petitioner was allegedly exhibiting a non-certified film. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC526; JT1988(1)SC36; 1988(1)SCALE10; 1988Supp(1)SCC176; [1988]2SCR511; 1988(1)LC433(SC)
..... 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. ..... the appellants/petitioners hold licences for exhibiting cinematograph films in their cinema theatres under the act and the rules in form f prescribed by the rules. ..... the title of the act and the preamble clearly indicate that the main purpose of the act is to regulate the exhibition of cinematograph films in places in respect of which a licence for that purpose may be issued. ..... of four months 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 of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR470; 2006(1)KarLJ552
..... the karnataka cinemas (regulation) act, 1964 (for short 'act') provide for regulating exhibitions by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of karnataka. ..... the first respondent, by following the procedure prescribed under the karnataka cinema (regulation) rules, 1971 ('the rules' for short), issued noc to the second respondent to put up a temporary cinema talkies by his order dated 14.03.2002 as per annexure u to the writ petition and the licence dated 21.05.2002 as per annexure y1 to the writ petition. ..... the relevant rules governing the grant of licence for a temporary cinema talkies are rules 106, 107, 108 and 110. ..... a reading of the above rules manifestly makes it clear, that the rules provides for grant of noc and licence for temporary cinema talkies. ..... rule 111e of the rules provides for grant of licence for semi-permanent cinemas. ..... duration of licence for temporary cinema. ..... rule 106 of the rules defines a temporary cinema; rule 108 specifies the period for which the licence may be granted for a temporary cinema; rule 110 provides for conversion of a temporary cinema into semi-permanent cinema; rule 107 specifies the procedure to be followed for grant of noc to put up a temporary cinema talkies. ..... section 5 of the act provides for making an application with necessary particulars for obtaining licence. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR621; 1976(1)KarLJ241
..... the karnataka cinema (regulation) act, 1964, (hereinafter referred to as the act) provides for regulating exhibition by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of karnataka.8. ..... on inspection of that site, the district magistrate, the licencing authority, found that the proposed cinema would be within a range of 162 feet from the hospital in that village and that hence (lie condition prescribed in rule 27 (1) (i) (iv) of the karnataka cinemas (regulations) rules, 1971, (hereinafter referred to as the rules) that the distance between a cinema site and any public hospital or a private nursing home should not be less than 50 metres, would be violated. ..... sub-section (2) of that section provides that the licensing authority may, thereupon, after consulting such authority or officer as may be prescribed and subject to the provisions of this act and the rules made thereunder, grant the licence to such person on such terms and conditions and subject to such restrictions as it may determine.9. ..... sub-section (1) of section 5 of the act provides that any person who intends to give exhibition by means of a cinematograph in a place, shall make an application in writing, to the licensing authority for a licence therefor together with such particulars as may be prescribed. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2232; 1989(2)KarLJ499
..... this court (mpc j) held, that the district magistrate gets jurisdiction to take action under section 17 of the act only in a case where a licencee is convicted under section 7 of the cinematograph act, 1952, or section 16 of the karnataka cinemas (regulations) act, 1964 or under section 12 or compounded an offence under section 13 of the karnataka - entertainments tax act. ..... if the licences exhibits obscene films, can such exhibition affecting the public morals be allowed to continue solely on the interpretation and understanding of the provisions of sections 16 and 17 which provide for penalty for any of the contraventions by imposition of fine? ..... before parting with the case, it is also necessary to point out that the rules and the conditions of licence do not empower the licensing authority to suspend a licence on other grounds, such as insanitary condition of the licensed - premises where public go for entertainment and for the negligence of the licensee to keep the building or structure where the exhibition of films is conducted, in good repair and safe condition.49. ..... , the circle inspector of police, davanagere, found, on a surprise check, that the petitioner was exhibiting obscene films end submitted a report about the petitioner exhibiting obscene films in his video parlour to the superintendent of police, chitradurga and recommended for suspension of the licence issued to the petitioner. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR193; 1990(3)KarLJ525
..... the karnataka cinemas (regulation) act, 1964 is an act for regulating exhibition by means of cinematographs and licenced place? ..... has nothing to do with the exhibition of cinematograph film. ..... section 4 requires that no person shall give an exhibition by means of cinematograph elsewhere than in a place licenced under this act, or otherwise than in compliance with any conditions and restrictions imposed by such licence under this act. ..... as to what are the matters to be considered as and when licence is to be granted are detailed under section 6 of the act.against the refusal of a licence or any person aggrieved by the decision of the licensing authority may file an appeal under section 10 of the act. ..... is with reference to the consideration of the building for the exhibition of cinematograph film by touring cinemas in accordance with rule 20. ..... it is by virtue of the said section rules are made and they are called 'karnataka cinemas regulation rules' of 1971.chapter iv deals with permanent cinemas and talks of approval of location of permanent cinema. ..... is granted and within two months under section 96(6) the building is complete, it is open to the person seeking to obtain a licence to apply under rule 97. ..... under section 4, the licencing authority is the district magistrate. ..... section 19 is the rule making section. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR183
..... which the number has to be determined under section 7;(c) the limitation of the period for which licences in respect of any place may be granted for touring cinemas, and prescribing the distance from a permanent cinema beyond which licences in respect of any place for touring cinemas may be granted;(d) the regulation of cinematograph exhibitions for securing public safety;(e) regulating the means of entrance and exit at places licensed under this act; and providing for prevention of disturbance thereat;(f) the conditions subject ..... to be argued by the learned counsel was that the object of the act is to provide for regulating exhibitions by means of cinematographs and the licensing of places, that the purpose of the act is not to regulate the exhibition of cinematograph films, that under section 19(1) of the act the state government can make rules to carry out the purposes of the act, that as regulating the exhibition of cinematograph films is not the purpose of the act, rule 7a is bad in law as the state government is not ..... 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, .....
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