Court : Karnataka
Reported in : ILR1990KAR2058
..... section 7 reads as follows:'power of licensing authority to limit number of places that can be licensed in any area-the licensing authority may, after consideration of the matters set-forth in section 6, and subject to such rules as may be prescribed, by order, limit the number of places in any area in respect of which licences under this act may be granted. ..... to be dismissed ex parte subject to the observations in regard to the doubt the bench had about the application of the ratio decidendi in nagar rice mills' case and jasbhai motibhai desai's case having regard to the language of section 6 of the karnataka cinema (regulations) act, 1964. ..... in which observation had been made having regard to the language of section 6 of the karnataka cinema (regulation) act, 1964 (hereinafter referred to as the 'act'), a rival operator who had been given a statutory right to file objections to the grant of a no objection certificate had the right to move the court under article 226 of the constitution in the event of his objections being over-ruled by the competent authority under the act or the rules thereunder. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR731; 1995(4)KarLJ44
..... section 7 of the act confers power on the licensing authority to limit the number of the places that can be licensed in an area and section 8 of the act imposes certain restrictions in the matter of grant of licence and provides that unless the authority is satisfied about the matter referred in clauses (a) (b) and (c) of section 8, the licensing authority shall not grant a licence. ..... running of cinema business is controlled and governed by the provisions of the karnataka cinema (regulation) act, 1964 (hereinafter described as 'the act no. ..... licence for exhibition of cinematograph films:-(1) 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. ..... cinematograph exhibitions to be licensed:- save as otherwise provided in this act, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this act or otherwise than in compliance with any conditions and restrictions imposed by such licence. ..... asset or property and the profits of the old firm, even prior to the date of death or coming into force of the new partnership firm or for some damages for alleged use of the old profits or assets, if any, of the new firm, though the respondent do not admit the same at present, the petitioner has got a civil remedy by way of suit, and the present writ petition is misconceived. .....
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)
..... section 7 confers power on the licensing authority to limit the number of places that can be licensed in an area ..... 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 ..... section 13 confers power on the licensing authority to issue directions to any licensee to exhibit in each show such slides of public interest as may be supplied by that authority ..... section 15 confers power on the state government or the licensing authority to suspend exhibition of films if it is of opinion that any film, which is being or is about to be publicly exhibited is likely to cause a breach of the ..... of bihar : air1975pat26 , a division bench of the patna high court considered the validity of condition 8-b of the licence which required a licensee to hold only four shows in a day and it further directed that no other show in any circumstances without obtaining the prior permission of the licensing authority would be allowed. ..... section 7 provides for limiting the number of places that can be licensed in any area .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1
..... section 7, at the same time, empowers the licensing authority to limit the number of places that can be licensed in an area ..... cinemas (regulation) act, 1964 ..... any place on a touring cinema only and not on a permanent cinema, is viola-live of article 14 of the constitution, in that, there is no reasonable basis for classifying cinemas into touring cinemas and permanent cinemas, which has a rational relation to the purpose of the act;(ii) one month's interval fixed under the sub-rule between successive grants of licences of a year, is arbitrary and fanciful and therefore the sub-rule offends article 14 of the constitution ;(iii) requirement of the sub-rule that the licensing authority ..... section 13 refers to the power of licensing authority to issue directions to the licencees to exhibit in each show slides of public interest as may be supplied by it, provided those ..... section 12 refers to the power of the state government to issue directions from time to time to licencees under the act requiring them to exhibit films having a scientific or educational value or dealing with news or current events; documentary films, indigenous films, or such other films having special value to the public, not exceeding 2000 feet at, or more than one-fifth of the entire time taken for, any ..... . section 19(2)(c) confers a specific power on the state government in the matter of making a rule providing for the limitation of the period for which licences in respect of any place may be granted for touring .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant109; 1998(1)KarLJ97
..... section 8 provides that licensing authority shall not grant the licence unless it is satisfied about the substantial compliance of the rules made under the act, about adequate precautions, which are to be taken in the place in respect of which the licence is sought with reference to provisions for safety, convenience of and comfort of person attending exhibition therein, and extent or limit regarding number of places for the area that it does not exceed prescribed and determined in section ..... affidavit, the further stand has been taken that the government has got wide powers to issue general instructions with regard to grant of licence as per section 19 of the karnataka cinema (regulation) act, 1964 and the directions issued by the government have been having regard to the provisions of the act and those directions were in accordance with the law and did not suffer from want of jurisdiction or authority to issue the directions nor illegal. ..... --the state government may subject to the provisions of this act and the rules made thereunder, issue to the licensing authoritysuch orders or directions of general character as it may consider necessary in respect of any matter relating to licences for exhibition of cinematograph films and that the licensing authorities shall give effect to such orders or directions'.a reading of this section per se confers the power, which has been given to the government to issue orders of general character or directions of general character is subject to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant158
..... section 7, at the same time empowers the licensing authority to limit the number of places that can be licensed in an area ..... section 13 refers to the power of licensing authority to issue directions to the licencees to exhibit in each show slides of public interest as may be supplied by it provided those slides do not exceed three in number for a show or occupy more than 4 minutes time in a ..... the karnataka cinemas (regulation) act, 1964, came into force in the state of karnataka, on 15-3- ..... 6 requires the licensing authority to take into consideration, before granting or ref using to grant a licence, the interest of the public generally, the suitability of the places where the cinematograph exhibitions are proposed to be given, adequacy of the existing places for the exhibition of cinematograph films in the locality and the benefit of any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition ..... 'empowers the state government or licensing authority to suspend exhibition of films likely to cause a breach of peace in any area. s. ..... section 12 'refers to the power of the state government to issue directions from time to time to licenses under the act requiring them to exhibit films having a scientific or educational value or dealing with news or current events; documentary films, indigenous films, or such other films having special value to the public, not exceeding 2000 feet at or more than one fifth of the entire time taken for, any one .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant162
..... ' section 7 of the act empowers the licensing authority to limit the number of places in any area in respect of which licence under the act may be granted. ..... dealing with the contentions urged for the petitioners, it is necessary to set out the salient features of the karnataka cinemas (regulation) act, 1964 (hereinafter referred to as 'the act') and the rules. ..... said provision confers power on the state government also empower the government to make a rule fixing the number of permanent cinemas to be located in any place as also the distance between two cinema houses. ..... scale of values of the judges participating in the decision should play an important part, and the limit to their interference with the legislative judgment in such cases can only be dictated by their sense of responsibility and self-restraint and sobering reflection that the constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have in authorising the imposition of the restrictions, ..... (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for- (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; (g)(i) the procedure to be followed by persons in respect of applications for permission under .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3258
..... section 7 of the act, empowers the licensing authority to limit number of places that can be licensed in any area. ..... 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. ..... we have perused section 11(2) of the karnataka cinemas (regulation) act, 1964 and section 304 of the karnataka municipal corporations act, 1976. ..... no more need be said in this context in view of the crystal clear provisions of section 11(2) of the karnataka cinemas (regulation) act, 1964. ..... 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. ..... that being so, the power under section 321 of the karnataka municipal corporations act, cannot be exercised by the corporation or its authorities in respect of construction or reconstruction of a building for running a touring cinema, as such buildings, or constructions, are exempted from the purview of the relevant provisions of the karnataka municipal corporations act including section 321 thereof, rules and bye-laws regulating the erection or construction of buildings, by section 11(2) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2010(3)AWC2524
..... amended section 4a (3) where the licence of a travelling video cinema in a local area is extended or renewed or new licence is granted after the expiry of a period of one year from the date of start of the travelling video cinema under the uttar pradesh cinema (regulation of exhibition by means of video) rules, 1981 there shall be levied and paid an entertainment tax due for corresponding class of video cinema in ..... the case of travelling video cinema a licence for exhibition by means of video may be granted or renewed by the licensing authority for a period not exceeding ..... refund the excess tax paid by the petitioners with interest at 18% per annum from the date it was paid till its realization;(v) issue any other and further writ, order or direction, as this hon'ble* court may deem fit and proper; and(vi) award passed op the ..... that the extension at the stretch cannot be for the period of more than six months but after the expiry of six months, the licence can further be extended or renewed or it may be open to the authority ..... cinemas for the purposes of this act with regard to the population of the local areas where they situate the number of permanent cinemas existing therein and may notify different rates of entertainment tax for different classes of video cinemas. ..... learned standing counsel submitted that under rule 15 (2) of rules, 1988, a licence to a travelling video cinema for a particular place shall initially be granted for a period not exceeding six months, which may be .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR487; 1999(5)BomCR240; 1999BomCR(Cri)240; (1998)2BOMLR885
..... the petitioner was charged for the offence punishable under section 3 read with 7 bombay cinemas (regulation) act, 1953, 108(i)(2) maha. m.c.r. ..... in order to ascertain as to whether the video parlour required a licence under the bombay police act or the cinemas (regulation) act, the petitioner's brother addressed a letter dated 10th february, 1984 to the assistant commissioner of police. ..... he has also drawn my attention to the fact that the maharashtra cinemas (regulation) rules, 1966, at the relevant time contained no provision for licence as regards video cinema and the rules in that regard came into force only on 12-1-1987. ..... kanuga, learned counsel appearing for the petitioner submitted that by letter dated 22-6-1984 the petitioner's brother was informed by the commissioner of police for greater bombay that the question whether video is a cinematograph, is being debated in the high court and pending decision of high court is not possible to take any action on his application and that necessary action will be taken after the decision of the court. ..... on 9th of december, 1984, the police officers of dahisar police station visited the petitioner's place and asked the petitioner to stop the video show. ..... therefore, according to him at the relevant time, there was no requirement as such of obtaining a licence for conducting a video parlour and, therefore, no offence can be said to have been committed by the petitioner. .....
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