Judgment Search Results Home > Cases Phrase: cinemas regulation act 1964 section 7 power of licensing authority to limit number of places that can be licensed in any area Page 3 of about 766 results (0.298 seconds)

Smt. Sushila Narendrajit Singh and anr. Vs. State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1972All427

..... ' section 7 confers powers on the state government or the licensing authority to suspend, cancel or revoke a licence granted under section 5 on grounds inter alia that the licensee has been guilty of breach of the provisions of the act or the rules made thereunder or of any condition or restrictions contained in the licence, or of any direction issued under sub-section (4) of section 5. ..... section 5 deals with restrictions on the powers of licensing authority, and reads:--'5. ..... legislature enacted the uttar pradesh cinemas (regulations) act, 1955 only to regulate cinemas including their licensing, which is now within the legislative powers of states.7. ..... (1) the licensing authority shall not grant a licence under this act, unless it is satisfied that- (a) the rules made under this act have been substantially complied with, and (b) adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibitions therein. ..... all that they can claim is that they should have had a fair opportunity of making a representation. ..... obviously both the parties can try to get the licence renewed in their favour after the expiry of the period of the present licence, so the mandamus sought for by the petitioners can be of avail to them.30. .....

Dineshkumar Hanumanprasad Tiwari Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1984Bom34

..... hence, exhibiting movies by playing pre-recorded cassettes in vcr in caf and restaurants, come within the ban contained in section 3 of the bombay cinema (regulations) act, 1953.5. ..... sinha appearing on behalf of the state, has taken me through the various provisions of the cinematograph act, 1952 and the bombay cinemas (regulations) act, 1953 and the rules made thereunder. ..... 7 of the bombay cinemas (regulations) act, 1953.6. ..... yet another limb of his arguments was that in the year 1952, the state legislature enacted bombay cinemas (regulations) act, 1953 to make provisions for the regulation of cinemas including their licences. ..... section 3 requires that '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. ..... ' section 4 provides for the licensing authority. ..... in the said factory, a number of 'universal electricccc motors' were operated for the purpose of working electricccc drills. ..... we can't forget that we are living in the age of science and technology. ..... however, in view of the limited challenge raised at the time of argument, it may not be necessary for me to discuss all the provisions referred to by mr. ..... i do not think this doctrine can be applied to the modern legislation in a developing society. ..... 6-a and 7 of the cinematograph act, according to which no film other than a film certified by the board can be exhibited and under s. .....

Nataraj theatre Vs. Govt. of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1999(5)ALD693; 1999(5)ALT274

..... the said case the hon'ble supreme court held that the state government was not justified in assuming jurisdiction conferred on the licensing authority by section 5 (1) and (2) of punjab cinemas (regulation) act.39 ..... delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the act and there is no scope for interference by the court unless the particular provision impugned before it can be said to suffer from any legal infirmity, in the sense of its being wholly beyond the scope of the regulation-making power or its being inconsistent with any of the provisions of the parent enactment or in violation of any of the limitations imposed by the constitution.'15. in indian ..... . restrictions of powers of licensing authority:(1) the licensing authority shall not grant a licence under this act, unless it is satisfied that-(a) the rules made under this act have been substantially complied with, and(b) adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of the persons attending ..... it is the pleading of the petitioner that as long as floor area fixed as per clause 19 of appendix-i to the rules is the basis for regulating the number of persons to be admitted, the petitioner's right to choose floor area cannot be infringed as rule 10-a makes the event of reduction of seating capacity subject to the conditions mentioned in clauses (a) and (b) of the proviso to .....

Smt. Gyan Devi Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1979Raj5

..... even 'assuming that section 5-a has got no application for the purposes of location of the site; then also the mere fact that a particular place has not been shown as a place reserved for cinema, cannot oust the jurisdiction of the licensing authority under the act for granting 'no objection certificate' ..... moreover, it is always for the police authorities to regulate the traffic even when there are traffic hazards by making one way traffic or put some other restrictions; but that can never be a ground for refusal of certificate or for raising objection.33 ..... a large indoor patient ward or a thickly populated residential area, and his decision shall be final and conclusive:provided that the licensing authority may for sufficient reasons and with the prior approval of the state government, relax this rule or any part thereof in any case and specially in the case of cinemas already completed or nearing completion prior to the commencement of these rules.provided further that in relaxing this pule or any part thereof the state government shall take into ..... kasliwal during the course of arguments pointed out that on 25-5-1976 when the impugned order was passed, the collector was acting under extraordinary powers of the situation created by proclamation of emergency and due to that he acted arbitrarily. ..... is not party by name in this writ, he had no opportunity of defending himself personally and, therefore, those remarks should be taken note of for limited purposes of this case only.43. .....

Sri Karthikeya Touring Thirai Arangam Represented by Its Proprietor, N ...

Court : Chennai

Reported in : (1995)1MLJ245

..... act and the rules are considered, it could be seen that what has been asked for by the petitioner on the earlier occasion was for an exemption in respect of his touring cinema from the rigour of operation of rule 14(2) of the tamil nadu cinemas (regulation), rules, 1957 hereinafter referred to as 'the rules' which provide that the restrictions in respect of distance between cinemas particularly between a touring cinema in any place and the nearest permanent cinema located in the same local area ..... licensing authority as also by the government under the impugned order in the above two writ petitions contended that the exemption granted must be considered to ensure only during the life time of the second term licence when it was sought for and cannot be considered to be for an unlimited point of time or for all times to come irrespective of the subsequent changes or subsequent developments and that therefore ..... that stage, the petitioner approached the state government seeking for exemption from the applicability of rule 14(2) of the tamil nadu cinemas (regulation) rules, invoking the powers under section 11 of the tamil nadu cinemas (regulation) act ..... cinemas), dated 4.4.1988 was not subject to any condition or confined to any period or point of time limit and that having been passed without any stipulations or conditions whatsoever, it should be considered that the said exemption order was a permanent exemption with reference to the violation of rule 14(2) of the touring cinema .....

Gammon India Ltd. Vs. Hongkong Bank (Agency) Pvt. Ltd.

Court : Company Law Board CLB

..... 1, it is submitted that, under section 22a of the securities contracts (regulation) act, the company cannot refuse to register the transfer of any security in the name of the transferee except on four grounds. ..... in respect of group i and group ii references, the following additional material was considered by the board of directors : (1) considering the various lodgments made by the chhabrias and their associate concerns, they will have control on voting power to the extent of 32.5% of the total equity capital of gil and this will be the single largest shareholding under the control of one individual. ..... (3) all the five respondent-companies are front companies of the chhabrias being associated or inter-connected with shaw wallace or dunlop (india) limited and they are also parties to various suits filed against gil in various courts. ..... under section 250 of the companies act, the company law board can pass final orders under sub-section (3) placing certain restrictions on the exercising of voting rights in respect of disputed shares and also in respect of giving effect to resolutions relating to change in the composition of the board of directors. ..... it is further submitted by the respondent-bank that there is no order of any court, tribunal or other authorities against the transfer of the shares in question. ..... also, the respondents had an adequate opportunity to plead their case in hearings held on a number of days. .....

H. P. Hood and Sons, Inc. Vs. Du Mond

Court : US Supreme Court

..... section 8c(5)(g) of the act provides: "no marketing agreement or order applicable to milk and its products in any marketing area shall prohibit or in any manner limit, in the case of the products of milk, the marketing in that area of any milk or product thereof produced in any production area in the united states. ..... the limited number of interstate dealers who could get and hold state licenses were compelled to incur expenses that added to the costs of state-fixed milk prices they were required to pay as a condition precedent to the state's allowing them to buy and ship out any milk at all. ..... congress, as a part of its agricultural marketing agreement act, [ footnote 15 ] authorizes the secretary of agriculture to issue orders regulating the handling of several agricultural products, including milk, when they are within the reach of its commerce power. ..... would she not have every argument in the favor of such a statute that can be offered in support of new york's limiting sales of milk for out-of-state shipment to protect the economic interests of her competing dealers and local consumers? ..... if petitioner and other interstate milk dealers are to be placed above and beyond this law, it must be done solely on this court's new constitutional formula which bars a state from protecting itself against local destructive competitive practices so far as they are indulged in by dealers who .....

Gulabchand Laxmichand Bhutada Vs. Central Bank of India and Another

Court : Mumbai

Reported in : (1991)93BOMLR996; 1992(1)MhLj68

..... that even assuming that there was such a power and as held by some of the authorities relied upon on behalf of the appellant, it was open to the court to reduce the rate of interest on the ground that it was excessive in spite of the rate being in accordance with the circulars issued by the reserve bank of india, yet on account of change in law brought about by the banking laws (amendment) act (1 of 1984), section 24 incorporating altogether a new section 21a in the banking regulation act, 1949, whatever power ..... case cited above that section 21a of the banking regulation act, 1949, which came into existence by the amendment act (1 of 1984) with effect from february 15, 1984, only, evidently was without any retrospective effect and the application of he said provision can be only with reference to cases that come into ..... 1986 kar 242; [1988] 64 comp cas 477 has taken the view that banks are bound to follow the directives or circulars issued by the reserve bank of india prescribing the structure of interest to be charged on loans and any interest charged by banks in excess of the prescribed limit as well as against the circulars/directives regarding charging of compound interest ..... dated august 20, 1981, held that the plaintiff was entitled to a preliminary decree for sale of the mortgaged property in place of a simple decree passed ..... . state bank of indiaair 1964 punj 123, and urged that the decree passed by the lower court has not distinguished the award of interest for the amount of .....

Indus Biotech Private Limited Vs. Kotak India Venture (offshore) Fund ...

Court : Supreme Court of India

..... innoventive industries limited (supra), this court while considering the scope of the various provisions under the act and while referring to the procedure contemplated in a petition under section 7 of the ib code, which is also extracted supra reads thus: it is at the stage of section 7(5), where the adjudicating authority is to be satisfied that default has occurred, that the corporate debtor is entitled to point out that a default has not occurred in the sense that the ..... however, under regulation 5(2) of securities and exchange board of india (issue of capital and disclosure requirements), regulations 2018 ( sebi regulations for short), a company which has any outstanding convertible securities or any other right which would entitle any person with an option to receive ..... to give the rightful place to the creditor; which is sought to be achieved by the ib code, it cannot be said that by the procedure prescribed under the ib code it means that the claim of the creditor if made before the nclt, more particularly under section 7 of ib code is sacrosanct and the corporate debtor is denuded of putting forth its version or the contention to show to the adjudicating authority that the default has not ..... being mainly with regard to the conversion of preference shares into equity shares and the formula to be worked thereunder, such consideration in the present facts can be resolved by the arbitral tribunal consisting of same members but separately constituted in respect of each agreement. .....

Maharashtra State Road Transport Corporation Vs. Maharashtra S.T. Chal ...

Court : Mumbai

Reported in : 2007(6)ALLMR272; 2007(4)MhLj793

..... of the corporation other than the managing director, the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officer-cum-financial adviser;] perusal of the above provisions show that the corporation has been given the authority and power to frame service conditions for its employees and not only that they are brought into the category of 'public servants. ..... 2 and its proviso of the service regulations framed by the corporation in accordance with section 45 of the act of 1950, or contrary to rule 48(b) dated 1-12-1981, or term no. ..... 6042 dated 18-11-1991 can in no case be termed as illegal or ultra-vires the service regulations or the provisions of any act. ..... looking to the monopoly nature and activities of the transport corporation and the nature of duties carried out by the officers and servants of the corporation, section 43 of the act provides that the officers and servants of the corporation are 'public servants'. ..... section 43 of the act of 1950 reads thus:all (directors) of a corporation, and all [officers and other employees] of a corporation, whether appointed by the state government or the corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act or of any other law, to be public servants within the meaning of section 21 of the indian penal code (45 of 1860).section 45(2)(c) of the act of 1950 reads thus:45. .....