Court : Andhra Pradesh
Reported in : 2001(1)ALD243; 2001(1)ALT374
..... in para 17 of the supreme court while interpreting section 6f of the cinematograph act, held : 'the object and purpose of this section obviously is to empower the licensing authority to revoke the licence in the event of the commission of an offence under section 6 or section 6-e of the act, nor merely by the licensee but also by any person who may be in actual charge of a cinematography or management of the cinematograph. ..... the provisions of the section contain a clear indication that the holder of the licence (licensee) may be a person different from the owner or manager or partner of the cinematograph'.the provisions of cinematograph act and rice milling industries (regulation) act are almost similar, therefore, we are of the view that grant of licence to a person does not bar him from entering into partnership for running the ..... sahasranaman, district magistrate, jammu hereby order that exhibition of films in apsara theatre will remain suspended till furtherorders ..... this order shall come into force with immediate effect'.this order was challenged in a writ petition in the high court ..... they filed a suit against the licensee and got an injunction order against him. ..... an order was passed by the competent authority to the following effect: 'whereas it has been brought to my notice by shri ved gupta, sole licensee, apsara theatre that the district and sessions judge, jammu has issued a temporary ..... in order to avoid any confusion the parties are referred to as plaintiff and the defendant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... section 12 of the act also gives power of exemption where in the opinion of the government reasonable grounds exist for doing so, the government, by order in writing subject to such conditions and restrictions as it may impose, exempt any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this act or any rules made thereunder. ..... for the first time in 1918, the central legislature stepped in to regulate proper control of cinematograph exhibitions with particular reference to the safety of the persons to witness them and to prevent exhibition to the public of improper or objectionable films. ..... therein, the validity of section 8(2)(b) of the central sales tax act, 1956 was attacked as being excessive delegation. ..... 3 of the andhra pradesh legislature (delegation of powers) act, 1954 (central act 45 of 1954), the parliament enactaed the andhra cinemas (regulation) act (4 of 1955). ..... thus, the cinematographs act (37 of 1952) was retained by the parliament with suitable amendments.18. ..... section 8(2)(b) of the central sales tax does not suffer from the vice of abdication or excessive delegation of legislative power.' 89. ..... the parliament has, under section 8(2)(b) of the central sales tax act, not fixed the rate of central sales tax but ahs adopted the rate applicable to the sale or purchase of goods inside the appropriate state in case such rate exceeds 10 per cent. ..... chairman, central board of excise & custom and excise union, w. a. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1957AP513
..... dated 12th january, 1955, passed the following order;'in the circumstances stated by the collector of anantapur in his letter, dated 3rd december, 1954,cited, the government consider that a licence under the cinematograph act may be granted to the old theatre at tadipatri ..... issue a writ of mandamus or any either appropriate writ restraining the district magistrate, anantapur, from issuing a licence to the first respondent under section 4 of the cinematograph act, ii of 1918 (hereinafter called 'the act').2. ..... from the district magistrate that the government passed the order now in question before us directing the grant of a licence to the 1st respondent subject to his carrying out the requiste repairs in order to bring the theatre upto the specification of the cinematograph rules.5. ..... that the statute expressly provides that the grant of licences by the licensing authority to such persons as it thinks fit, is subject to the control of the state government, the power of control extends over the whole range of the power to grant licences and the word 'control' has a very wide connotation. ..... the appellant that the power of control cannot be co-extensive with the power initially to grant a licence and that at any rate even assuming that the government could direct the issue of a licence to a particular individual it could only do so after the district magistrate had declined to grant one in the first ..... a licence under section 4 of the cinematograph act to exhibit cinema shows ..... [1952]1scr135 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)627; 2002(1)ALT(Cri)527; 2002CriLJ3216
..... counsel sri padmanabha reddy strenuously contended that the picture is exhibited as it is which has got censor certificate issued by the central board of film certification, government of india, bombay, and as such it cannot be said that the petitioner is exhibiting the film with obscene scenes. ..... in the result, while confirming the conviction imposed against the petitioner herein for the offence punishable under section 7(1) of the cinematography act and the sentence of fine awarded by the courts below, the sentence of one year rigorous imprisonment awarded by the courts below is modified to the period already undergone by ..... from the above, it is clear that the scenes that were exhibited while screening the film are the 'conditions' imposed by the central board of film certification while issuing the censor certificate which were to be excluded from screening and the petitioner was exhibiting all those ..... no.9420 of 1995 and pursuant to the orders of a learned single judge of this court, the film was ordered to be returned to the manager, meena enterprises, guntakal, if the film reels do not contain any interpolations or additions of obscene ..... theatre at tirupathi and after being satisfied that it does not contain interpolations or additions of obscene film reels, it was ordered to be returned to the manager, meena enterprises, guntakal. ..... that order was not a blanket order but was issued by ..... in order to prove the guilt of the petitioner, the prosecution examined p.ws.1 to 4 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP123
..... it is common ground that the licence under the cinematograph act and the licence under the cinematograph act and the licence under the places of public resort act were previously granted in thename of 3rd respondent. ..... the licence under the cinematograph act issued in the name of 3rd respondent was to expire on 31-5- ..... (5) the 3rd respondent filked a petition, dated 9-1-1954 before the government of andhra (law department) praying that the order of the district magistrate may be cnacelled and that the 'status quo ante' may be restored in respect of the licence ..... 226 of the constitution of india to call for the records and to issue a writ of certiorari quashing the order of the government of andhra in g. o. r. no. ..... the four petitioners filed petitions on 18-3-1954, 2-3-1954, and 1-4-1954 requesting the government to dismiss the appeal petition filed by 3rd respondent. ..... on 2-4-1954, the government issued a memorandum that was parties would be heard in the presence of one another and the collector of west godavari was directed to issue notices to the parties to appear before the law secretary on 15-4-1954 at 11 ..... , which runs thus:government of andhra. ..... (6) on 12-7-1954, the government issued g. o. ms. ..... '(4) pursuant to this order a licence was granted jointly in the names of the four petitioners and 3rd ..... he passed asn order on 3-8-1953, which is as follows:'the petitioners four in number and the respondent are the joint lessees of sri kesari picture palace, ..... order(1) this is a petition under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP126
..... he applied for a licence under the hyderabad cinematograph act, 1952 and the hyderabad cinematograph rules, 1953. ..... explanation :-- 'approved films' means a cinematograph film approved for the purpose of this condition by the provincial government or the central government. ..... those conditions were in these terms : '4(a): the licensee shall exhibit at each performance one or more approved films of such length and for such length of time, as the provincial or the central government may, by general or special order, direct. ..... it is averred in the counter affidavit filed by the government that the conditions laid down as per the rules framed under the hyderabad cinema (regulation) act, 1952, were published in the gazette extraordinary on 31st december 1952, there is, therefore, no substance whatever in this suggestion. 4. ..... explanation 1: only such films produced in india as are certified by the central government with the previous approval of the films advisory board, bombay, to be scientific films, films intend-ed for educational purposes, films dealing with news and current events or documentary films shall be deemed to be approved films for ..... on 14-2-1958, the police commissioner of hyderabad notified to the petitioner that he had not produced the municipal certificate and the approved films certificate and, therefore, action would be taken against him under section 7 of the hyderabad cinema (regulation) act, 1952 and he would be liable for the penalties described in that provision. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD317
..... under the cinematograph act and the rules, a person owning the cinema building (with its equipment) and a person having a licence for exhibition of the cinematograph films, could be one ..... section 3 of the act, no person shall give an exhibition by means of a cinematograph in premises other than in a place licensed under the act ..... transfer of permission for construction or of licence on the death of the holder of permission/licence:-(2) (a) where the holder of a cinematograph licence dies, the person succeeding to the possession of the cinema building covered by the licence of the deceased, may, for a period of three months, use the licence as if it has ..... business carried on by the firm, every partner has a right to take part in a diligent manner and as per section 14 of partnership act, the property of the firm, and interest and right in the property either existing or acquired later, shall be included in ..... days of the receipt of application for licence, either reject application if it is not in accordance with the rules directing the applicant to re-submit within a period of sixty days or if the application is in order, forward the copy of the application to electrical inspector and the executive engineer of department of roads and buildings for their reports. ..... there is diversity of title, unity of possession continues as long as the jural relation is governed by a valid legally enforceable contract, which mutually binds lessee and lessor. ..... government ..... government ..... government ..... government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALT808
..... 41 and 42 of b-form licence and also as per the sub-section (4) of section 12 of cinematograph act, 1952. ..... 41 and 42 of b-form licence and as per the sub-section (4) of section 12 of the cinematograph act, 1952. ..... cinemas (regulation) act or the cinematograph act, 1952 or the rules made there under. ..... cinemas (regulation) act, 1955 or rules made thereunder and also even under any provisions of the cinematograph act, 1952. ..... 4620 and 4621 of 1996 on 15-7-1996 and consequently the government has issued the necessary instructions in this regard. ..... cinema (regulations) rules, 1970 and also as per the instructions from the government from time to time. ..... 2 which is required as per condition 48-a of b-form licence which is reiterated by the government by issuing g.o.ms.no. ..... accordingly, the government of a.p. ..... cinemas (regulation) act, 1955 and the rules made thereunder.5. ..... cinemas (regulation) act, 1955 and rules made thereunder. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP20
..... 5-b of the cinematograph act, 1952, and the decision of the supreme court in ..... the codes of conduct evolved by the state government and the central government are voluntary in nature and are not enforceable by ..... that article selects two of the services under the state --members of the armed forces and forces charged with the maintenance of public order and saves the rules prescribing the conditions of service in regard to them -- from invalidity on the ground of violation of any of the fundamental rights guaranteed by part iii and also defines the purpose for which ..... union of india, : 1979crilj773 it has been held by the supreme court that a chief minister, or a minister, is in the pay of the government and is therefore a public servant, within the meaning of section 21(12) of the indian penal code, but, the said definition is relevant only for the purpose of indian penal code, and is intended to provide a certain protection to them against frivolous and ..... de smith says at page 465 of his book 'judicial review of administrative action' (fourth edition):'the question of qualification to sit as a member of either house of parliament falls within the scope of parliamentary privilege and is not, therefore, cognizable by courts of law except in so far as parliament has ..... competing with one another for the grant of benefits largesses or favours and, if the guidelines are departed from without rhyme or reason, and arbitrary discrimination may result which may call for judicial review. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALD(Cri)333; 1997(1)ALT481
..... where the holder of a licence has been convicted of an offence under section 7 of the cinematograph act, 1952 or section 9 of this act, the licence may be revoked by the licensing authority; if the licensing authority is satisfied, either on a reference made to it in this behalf or otherwise, that -(a) a licence granted under this act has been obtained by misrepresentation or fraud as to an essential fact, or (b) the licensee has, without reasonable cause failed to comply with any of the provisions of this act or of the rules made thereunder, or any of the conditions or ..... .(2) subject to the provisions contained in sub-section (1) the central government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this act in sanctioning films for public exhibition ..... .'after receiving the above reports and after a further hearing, the court on 16-12-1996 passed the following order:'reports of the panel members appointed by the court to view seized films from ramakrishna 70 mm theatre and of the regional officer and members of the regional advisory panel of the central board of film certification, hyderabad who viewed the screening of films 'secret games iii' and 'dark dancer' and other miscellaneous film pieces on 7th, .....
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