Court : Allahabad
Reported in : AIR1955All82
..... it also provides for appeal and powers of central government to modify orders passed under section 4 or section 5 and then certain penalties are provided for contraventions of this part and power is also given to the central government to make rules.part three is the part which relates to regulation of exhibitions by means of cinematographs, and it is this part which relates to the granting of licenses for exhibition of cinema shows. ..... 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) ). ..... 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in this connection by the learned counsel for the petitioner is that section 5(3), cinematograph act of 1918 has been repealed by the subsequent cinematograph act, 1952, no. ..... 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. ..... 37 of 1952 and he has referred me in this connection to section 18 of the latter act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All92
..... this argument was repelled and there being nothing in the cinematograph act restraining the licensing authority to impose such restrictions it was held that ..... under section 2 of the cinematograph act, 1909, is entitled to insist that the licence shall contain a condition prohibiting the opening of the premises on sundays, good friday and christmas day.the argument that was advanced before tho english court was that the condition prohibiting the opening of the premises on sundays, good friday and christmas day was ultra vires because all that the cinematograph act intended ..... 23-4-1957 the government of india issued the fertilizers (control) order of 1957 (hereinafter called the order) under section 3 of the essential commodities act, 1955.on ..... lose his business and suffer irreparable loss and injury.on these facts the petitioner has prayed fof the issue of a writ of ccrtiorari or such other suitable writ, direction or order of like nature quashing the notice dated 3-8-1959 issued by the district agriculture officer to the petitioner prohibiting him from selling ammonium sulphate, urea and ammonium sulphate nitrate. ..... of the reasons on the part of the licensing authority refusing to grant a licence and there is also an appeal provided against that order, the order is nonetheless an administrative order and the person who applies for the licence has got no absolute right to obtain it. ..... 1952 sc 192 it was held by the supreme court that nobody can claim a permit under the motor vehicles act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All83
..... section 9, the power to make rules to provide for the regulation of cinematograph exhibition for securing the public safety was conferred on the provincial government directly; in other words, the provincial government remained no longer dependent upon any delegation of powers from the central government ..... sub-section (2) thereof provided for continuing in force of any order made under the cinematograph act, 1918, and all appointments made, licences granted, conditions or restrictions imposed and directions issued under any such order and ..... objection might be raised that the petitioner firm had filed the writ petition without taking recourse to the remedy of appeal to the state government against the order of the district magistrate, the firm successfully applied for being permitted to withdraw the writ petition with right to bring a fresh one ..... the supreme court, however, thought that the proposition was not applicable to the case before it because it had not been the contention of the authorities at any stage that the orders in question were really made under rule 148 (3) of the railway establishment code and that a reference to rule 3 of the security rules in the procecdings might be disregarded as due ..... it was held that the retirement was invalid because different considerations governed the order to be passed under the two articles and unless action had been wittingly taken under article 465 on considerations relevant to that ..... 1952 parliament passed the cinematograph act, 1952 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All123; 2004(28)PTC559(All)
..... out set, we may point out here that in order to curb cinema menace and for streamlining the machinery for the examining of the films cinematograph act, 1952 and cinematograph (certification) rules, 1983 have been enacted. ..... of india has also argued that this writ petition is liable to be dismissed on the ground of alternative remedy, which is available to the petitioner under the provisions of cinematograph act, 1952. ..... the cinematograph (certification) rules, 1983 lays down the procedure for dealing of a complaint and empowers the central government to pass appropriate orders thereon.10 ..... originally belongs to a neighbouring district of champaran, bihar, from where the petitioner is a elected leader and in order to malign and demolish the image of the petitioner, the name of the petitioner (sadhu yadav) has been ..... even then, if the petitioner thinks that his name has been used in order to defame him, efficacious and effective remedy is available to him but the forum, which has been chosen by the petitioner, is not the appropriate forum and the writ petition ..... if the petitioner thinks or believe that the producer and director of the film has used his name with an intent to malign or damage his image, this will be an act of defamation and the writ petition is not a remedy in such matters. ..... (1988) 1 scc 668 : (air 1988 sc 775), a petition was filed to restrain the screening of the serial 'tamas' on the ground that it violated articles 21 and 25 of the constitution and section 5-b of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All456
..... and separate pos-session over half of land on which the ruby theatres exists, the (petitioners filed an application before the district magistrate, aligarh praying that the licence held by opposite party no 3 under the cinematograph act and the rules framed thereunder be not renewed and be cancelled. ..... 3, the petitioners have filed the instant writ petition praying for a writ of certiorari or any like writ or any other suitable order or direction quashing or cancelling the cinematograph licence granted or its renewal by opposite party no. 1. ..... in the second appeal before the high court of calcutta, on behalf of the defendant it was again urged that since the plaintiff was not the 'owner' as contemplated by section 13(1)(ff) of the west bengal premises tenancy act, the decree for ejectment and recovery of possession obtained by the plaintiff was not sustainable in law. s.k. ..... aggrieved by the order of the district magistrate refusing to cancel the cinematograph licence held by opposite party no. ..... the district magistrate, after obtaining the opinion of the district government counsel, rejected the application and in consequence opposite party no. ..... there is a general prayer also made for the issue of any other order, writ or directions which this court might deem fit and proper to meet the ends of justice.2. ..... ground (ff) which was being interpreted gave a right to the landlord in case he needed the premises in question for his own occupation to obtain an order for eviction of the tenant. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All427
..... as a clear demarcation of the respective provisions of the act with which the union and state governments were concerned had become necessary, the union government re-enacted the provisions of the old act as in the cinematograph act of 1952 separating the provisions relating to the two items referred to above. ..... in order to appreciate the points, it will be necessary to refer to certain provisions of the cinematograph act and the rules made thereunder.6. ..... the said (a) this licence is granted subject to the conditions set forth in rules issued by the state government and to the further conditions-(1) that the said (c) ------------ shall not exhibit, or permit to be exhibited, in the said (a) ------------ any film other than a film which has been certified as suitable for public exhibition by an authority constituted under section 6 of the cinematograph act, and which, when exhibited, displays the prescribed mark of that authority, and has not been altered ..... according to sri chaudhry, in spite of this definite allegation made in the petition neither the state government nor the contesting respondents have been able to produce any order passed on the application of the petitioners, and in the absence of any order on their application, the petitioners could not have filed any appeal, and no revision or appeal lies against the grant or renewal of licence, so the petitioners could not have filed any revision or appeal against the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All313; 2005(3)AWC2397
..... licensing authority and shall contain full particulars of the ownership of the premises and the cinematograph machine and shall be accompanied with (he following document- (a) the order or approval of plan under rule 3(1): (b) plan of the building and premises containing (he specification enumerated in sub-rule (2) of rule 3;(c) plan of seating arrangements for each class, separately; (d) certificate from the electrical inspector to government that the electrical installations conform to the required standards and (he existing rules;(e) certificate ..... cinematograph rules, 1951 (the 'rules'), framed under the cinematograph act, 1918 (as amended from time to time). ..... if we accept the argument of the contesting respondent that a dispute is pending between the parties and therefore the petitioner is not entitled for renewal of the licence under the act, then on the same argument application filed by the respondent for grant of licence and, in that view of the matter, also can not be entertained. ..... (6) the district inspector of schools having once passed an order in the manner stated above does not have jurisdiction to review his, order unless it is established that the said order had been obtained by misrepresentation or fraud or was the result of mistake in the sense that it was passed on incorrect facts and would not have at all been passed if the correct facts had been brought to his ..... , wherein this court, dealing with a case under section 16-a (7) of u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1978CriLJ1467
..... in order to implement the provisions of the cinematograph act the central government was empowered to frame ..... 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 ..... 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 ..... are 13 connected appeals filed by the nagar mahapalika, varanasi, against the order of the magistrate dated 15-5-1973 dismissing the complaints filed by the nagar mahapalika, varanasi, against the managers of the 13 cinema houses in varanasi, under sections 298 and 299 of the u. p. ..... cinema (regulation) act 1965, section 12 of this act relates to repeal of the act of 1918 to a certain ..... section 417 of the old code provided for appeals against orders of acquittal passed by any court and did not envisage orders of discharge passed by any ..... against the aforesaid order of the magistrate passed in the 13 cases the aforesaid 13 appeals were filed in this court under section 417(3) of the cr. ..... municipalities act and section 577 of the ..... municipalities act, as well as section 577 of the nagar mahapalika adhiniyam 1955 have no applicability to the facts as mentioned in the ..... municipalities act, 1916 and section 577 of the u. ..... complaint of the nagar mahapalika purported to be under sections 298 and 299 of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All99
..... on behalf of modi, the facts were admitted but it was alleged that the order of the state government was perfectly justified under the provisions of section 5(3); cinematograph act, that no opportunity was required by the act to be given to the appellant by the state government that the absence of the signature on the licence by the district magistrate was merely an irregularity and ..... he based his contention upon the language of section 5(3), cinematograph act (2 of 1918), which runs as follows:'subject to the foregoing provisions of this section, and to the control of the state government, the licensing authority may grant licensesunder this act to such persons as it thinksfit, and on such terms and conditions and ..... under section 5(3), cinematograph act the licensing authority, namely the district magistrate, is vested with the power and discretion to grant licenses to such persons as he thinks fit, and on such terms and conditions and subject ..... that the word control' signifies merely the general regulations which may be issued to control the exercise by the district magistrate of his discretion under the section and that the state government has no power to substitute its own discretion in place of the discretion exercised by the district magistrate or to prevent him from exercising his discretion ..... that the order of the state government is bad because no opportunity was given to the appellant of placing his case before it is not warranted by the provisions of the act or by .....
Tag this Judgment!Court : Allahabad
Reported in : (1990)90CTR(All)99; [1991]187ITR685(All)
..... the main reason for which the tribunal held that the cinema with the fittings and fixtures does not constitute 'plant' is that, according to the provisions of the cinematograph act, 1952, and the cinematograph rules, a permanent building is not necessary for carrying on cinema business. ..... , on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the cinema building and the tube lights together with fittings do not constitute 'plant' within the meaning of section 43(3) of the income-tax act, 1961, and, consequently, the assessee was not entitled to development rebate thereon and depreciation at 10% on building?'2. ..... kanodia warehousing corporation : [1980]121itr996(all) that, in order to find out whether a building or structure or a part thereof constitutes 'plant', the court must apply what is called the 'functional test'. .....
Tag this Judgment!