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isherdas Sahni and Brothers Vs. the District Magistrate, Lucknow and a ...

Court : Allahabad

Reported in : AIR1972All83

..... by section 18 thereof it repealed the cinematograph act, 1918 with the proviso however that in relation to part a states and part b states the repeal was to have effect only in so far as the said act (act of 1918) related to the sanctioning of cinematograph films for exhibition. ..... cinemas (regulation) act.it may be stated that sub-section (1) of the said section 12 repealed the cinematograph act, 1918 in so far as it related to matters other than the sanctioning of cinematograph films for exhibition in its application to the state of uttar pradesh. ..... the cinematograph act of 1918 was repealed by section 12 of the u. p. ..... the state government's control is wide and would embrace the power to issue appropriate instructions to the licencing authority.the reply to this argument on the petitioner's behalf is that the alternative power under section 5(3) of the cinematograph act, 1918 could justify the condition in the licence form about the relationship of the licensee to the licenced premises only if it had been claimed by the govt. ..... in the instant case the notification showed that the state government purported to exercise their power under section 8, the cinematograph act, 1918 actually, when the rules were made, section 8 did not deal with the subject of rules at all and it was section 9 which conferred power to make rules. .....

P. Mariappan Vs. the State of Tamil Nadu and anr.

Court : Chennai

Reported in : (1991)427MLJ1

..... enact legislation for the purpose of regulation of cinemas including their licensing and to repeal the cinematograph act, 1918, in relation to this state in so far as that act relates to matters other than the sanctioning of cinematograph films for exhibition. ..... the statement of objects and reasons for legislating the act runs as follows:statement of objects and reasons : - the provisions of the cinematograph act, 1918 (central act ii of 1918), have been re-enacted by parliament separating those relating to sanctioning of cinematograph films for exhibition, which is a subject falling within the union list in the seventh schedule to the constitution from those relating to regulation of cinemas, including their licensing, ..... the new central act is called the cinematograph act, 1952 (central act xxxvii of 1952 ..... respect of any proceeding under section 5(7) or section 9-a(1) to satisfy themselves as to the legality of such proceeding, or the correctness, legality or propriety of any decision passed or order made therein, under section 5(7) of the act, any person aggrieved by the decision of the licensing authority referred to in that section is entitled to file an appeal to the appellate authority to be specified and the appellate authority may make such order in the case ..... the preamble to the act runs as follows:an act to provide for the regulation of exhibitions by means of cinematographs in the state of ..... of the act and the rules are intended to regulate exhibitions of, cinematograph films. .....

State of Uttar Pradesh and Others Vs. Vinay Kumar Jain

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)700; AIR1997SC342; JT1996(10)SC410; 1996(8)SCALE351; (1997)1SCC195; [1996]Supp8SCR777

..... regulation act, 1955 repeals the cinematograph act, 1918 but at the same time continues the rules made thereunder and it is by virtue of the said provision contained is section 12 that the 1951 rules made under the repealed enactment are continued and are treated as the rules made under the 1955 act. ..... so far as the maximum number of seats and the classes are concerned, the only document he has to see is the licence issued under the cinematograph rules only if he is satisfied with the correctness of the particulars stated in the application form 'r' that the district magistrate comes under an obligation to issue the order in ..... cinema [regulation] act and the cinematograph rules as the basis for working ..... 2 of the cinematograph rules defines the expression 'licence' in the following words:(v) 'licence' means a written authorisation by the licensing authority to give cinematograph exhibitions and granted in the form set out in appendix i to these rules and shall be subject to necessary modifications or amplifications in accordance with any terms or conditions imposed under sub-section (3) of section 5 of the act.9. ..... -(1) the proprietor of a cinema opting to make compounded payment of entertainment tax under the proviso to sub-section (1) of section 3 of the act shall submit his written option in duplicate to the district magistrate before the last date fixed by the commissioner in this behalf in form 'r' appended to these rules declaring the total number of shows to be exhibited in .....

Manoranjan Hotel Disco and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1983WLN338

..... the cinematograph act, 1952 (herein after to be referred to as 'act of 1952') has been enacted by the legislature after repealing the cinematograph act of 1918 (here in after to be referred to as 'the act of of 1918' ) as it stood was a mixed context dealing with two separate matters ..... in this very act in section 2 'cinematograph' his been defined which reads as under.2(a) 'cinematograph' includes any apparatus for the representation of moving pictures or series of pictures.the definition given in the cinematograph act of 1952 and the rajasthan cinema peculation act, 1952 so far as 'cinematograph' word is concerned, is the ..... submits that the definition given under the cinematograph rules, 1948 should be accepted as a definition for the purpose of cinematograph act of 1952 of the rajasthan cinema (regulation) act no where defines the 'film'. ..... the aid of the definition as provided under the rules of 1948, i hold that the cinematograph films should be construed in the same way as is defined under section 3 of the rule 1948 in vcr, magnetic tapes are used which are not nitrocellulose base and for this reason, i hold that the magnetic tapes, as used in the vch for the purpose of exhibition, does not fall within the purview of cinematograph act of 1952 as well as cinema regulation ..... behalf of the respondents a reply has been filed to the stay petition and it was stated that the provisions of the cinematograph act, 1952 as well as rajasthan cinema regulation act of 1952 are applicable. .....

Pankaj Butalia Vs. Central Board of Film Certification and Ors.

Court : Delhi

..... whereby the cinematograph act of 1918, stood repealed.16. ..... apparently, was also accompanied by the various judgements of the supreme court, which had dealt with similar orders, passed under the cinematograph act, 1952 (in short the 1952 act). ..... response from any other person of the sikh community or reaction from people of other communities, we find it difficult to hold that upon the raising of such casual slogans a couple of times without any other act whatsoever, the charge of sedition can be founded 27.6 qua the objected utterances incorporated in the subject film (when seen in the light of the aforesaid observations of the supreme court) one can only conclude that the ..... central government in exercise of powers under section 8 of the 1952 act, has framed the cinematograph (certification) rules, 1983 (in short the 1983 rules). ..... must, however, be remembered that the cinematograph is a powerful medium and its appeal ..... as the fcat was concerned, though the petitioner has made a grievance with regard to its functions, the provisions of the act and rules, as framed, do not lay down a procedure, as to the manner of its functioning. ..... , sub-section (3) of section 5a, provides that subject to the provisions of the 1952 act, a certificate granted by cbfc would remain valid through-out india for a period of ten ..... the fcat failed to notice the aforementioned errors in appeal and acted with undue haste while reviewing the subject film, which resulted in the confirmation of a part of the order passed .....

Nagar Mahapalika Vs. A.V. Dubey

Court : Allahabad

Reported in : 1978CriLJ1467

..... section 12 is as under:(1) the cinematograph act 1918 in so far as it relates to the matters other than the sanctioning of cinematograph films for exhibition, is hereby repealed in its application to the state of uttar pradesh ..... any rule or order made under the cinematograph act, 1918 (act 11 of 1918) and in force immediately before the commencement of this act, shall continue in force and be deemed to be rule or order made, under this act; and all appointments made, licences granted, conditions or restrictions imposed and direction issued under any such rule or order and in force immediately before such commencement, shall likewise continue in force and be deemed to be made, granted, imposed or issued in pursuance of this act.5. ..... the uttar pradesh cinematograph rules, 1951 have been framed under section 9 of the cinematograph act, 1918 and these rules have been amended from time to time ..... for a proper appreciation of the reasoning of the learned magistrate who dismissed the complaints and discharged the opposite parties it is necessary to state that the cinematograph act 1918 provides with certain conditions. ..... cinema (regulation) act 1965, section 12 of this act relates to repeal of the act of 1918 to a certain extent ..... in order to implement the provisions of the cinematograph act the central government was empowered to frame rules. ..... cinema (regulation) act, 1955 to control the cinematograph exhibitions by issuing ..... 39 of the aforesaid rules provides for fees for cinematograph licence. .....

Parkash Chand Anand, Mandi and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1984HP47

..... the submission was that rule 16-c (b) (i) refers to section 5 of the cinematograph act, 1918 (16 of 1918) which has been, repealed by tlhe cinematograph act, 1952, that such repeal has taken place long prior to the enactment of rule 16-c and that, therefore, the provisions of rule 16-c (b) (i) wherein a reference has been made to the repealed law are unenforceable and that the rule-making authority has misfired itself in enacting the rule ..... 16-c (b)(i) of the himachal pradesh cinemas (regulation) (iiird amendment) rules, 1983, which refers to section 5 of the cinematograph act, 1918 (act no. ..... be that as it may, the cinematograph act, 1952 has in section 3 a provision similar in effect to section 4 of the repealed law though the provisions are not exactly ..... besubject to the condition- (a) xx xxx (b) that the licensee shall not exhibit,--(i) any film other than a film which hasbeen certified as suitable for unrestrictedpublic exhibition by any authority constituted under section 5 of the cinematography act, 1918 (16 of 1918) and whichwhen exhibited, displays the prescribedmark of that authority, and has not beenaltered or tampered with in any way sincesuch mark was affixed thereto; (ii) & (iii) xxxxx (c) & (d) xxxxx these are the material ..... rule does not fall to the ground merely on account of an error op mistake on the part of the draftsman, it would be permissible by way of legal interpretation to read into the sub-clause the words 'section 3 of the cinematograph act, 1952 (act no. .....

Bharat Bhushan Vs. P.C. Saxena and anr.

Court : Allahabad

Reported in : AIR1955All82

..... section 18 is in the following words: 'the cinematograph act, 1918 (2 of 1918), is hereby repealed:provided that in relation to part a states and part b states the repeal shall have effect only in so far as the said act relates to the sanctioning of cinematograph films for exhibition. ..... another point argued in this connection by the learned counsel for the petitioner is that section 5(3), cinematograph act of 1918 has been repealed by the subsequent cinematograph act, 1952, no. ..... it further appears from the wording of section 18 of the act of 1952, that the repeal of the act of 1918 in part a and b states was confined to the sanctioning of the cinematograph films for exhibition. ..... 2 relies on section 5 sub-section (3) of the same act (cinematograph act (2 of 1918) ). ..... but the issuing of the licenses and the procedure provided therefor cannot be said to come within the wording of the repealing section because what it repeals is the sanctioning of cinematograph films and not the issuing of licenses for running cinema houses.8. ..... the scheme of the act of 1952 shows that as far as this particular subject is concerned, namely, the subject of the grant of the licenses to exhibit cinema shows, the provisions of the old act 2 of 1918 are still in force in part a and part b states. ..... there is no provision anywhere in the act of 1918 making it incumbent on the state government to hear persons who want licenses for running cinemahouses. .....

State Vs. N.B. Hankins

Court : Punjab and Haryana

Reported in : AIR1957P& H243; 1957CriLJ1172

..... 9 of the cinematograph act, 1918, was in the following terms:--'the provincial government may, by order in writing, exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibition from any of the provisions of this act or of any ..... act of 1918 was repealed by the cinematograph act, 1952, which re-enacted most of the provisions of the earlier act ..... 1942 the chief commissioner of delhi issued a notification under section 9 of the act of 1918 by which he directed that subject to certain conditions mentioned therein all cinematograph exhibitions given exclusively for miliarly personnel in accordance with the arrangements approved by the military authorities shall be exempt from the provisions of the said act. ..... hankins, proprietor of a cinema, was prosecuted under section 14 of the cinematograph act, 1952, on the ground that on the 15th july 1955 he had exhibited a film known as, 'aar paar' at the military depot at shakurbasti for the entertainment of troops without obtaining a ..... 417 of the code of criminal procedure raises the question whether-a certain notification issued by the chief commissioner of delhi in the year 1942 is consistent with the provisions of the cinematograph act 1952.2. ..... it is accordingly argued that the notification of 1942 which was issued under the act of 1918 is clearly inconsistent with the act of 1952, for the exemptions authorised by it were granted not by the central government but by the .....

Govind Ram Sharma Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : AIR1961All600

..... the provisions of the cinematograph act, 1918 (hereinafter referred to as the central act) which was the existing law till that date were repealed by section 12 of this act in so far as they related to matters other than the sanctioning of the cinematograph films for exhibition. ..... they pointed out that that condition was imposed on the ground of health and welfare of young children which was beyond the subject matter of the cinematograph act, 1909.they further held that the said act regulated the use alone of the premises for the giving of cinematograph exhibitions and the restriction had no direct connection with the above object. ..... this was a case under the cinematograph act 1909 (9 edw. 7, c. ..... lastly the provision in clause (c) of section 7 (1) fully affirmed the above fact underlying the scheme of the state act, since it authorised the state government or the licensing authority to suspend, cancel or revoke a licence if the continuance of the same is considered prejudicial to decency or morality.the act has thus at least two objects in view, one, the licensing of the place where cinematograph exhibition can be held and, two, the education and health, etc. ..... section 3 thereafter says that save as otherwise provided in the act, 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 conditions and restrictions imposed by the licence. .....