Judgment Search Results Home > Cases Phrase: cinematograph act 1952 section 5f review of orders by central government Sorted by: recent Page 1 of about 282 results (0.182 seconds)

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... shankarappa20, section 6(1) of the cinematograph act, 1952 which granted the central government, the power to review the decision of the quasi judicial tribunal under the act, was sought to be defended on the ground of law and order. ..... viii) under the cinematograph act, 1952, a film can be denied certification on various grounds, including on the ground that it is likely to incite the commission of an offence or that it is against the interests of the sovereignty and integrity of india or public order. ..... in sakal papers, the central government issued an order called daily newspaper (price and page) order, 1960 in exercise of the power conferred under the newspaper (price and page) act, 1956, fixing the maximum number of pages that might be published by a newspaper according to the price ..... immediately after the adoption of the constitution, this court had an occasion to deal with a challenge to an order passed by the government of madras in exercise of the powers conferred by section 9(1 a) of the madras maintenance of public order act, 194944, banning the entry and circulation of a weekly journal called cross roads printed and published in bombay ..... said case arose out of a judgment of the madras high court quashing a government order declaring a society known as people s education society as an unlawful association and also declaring as unconstitutional, section 15(2)(b) of the indian criminal law amendment act, 1908, as amended by the indian criminal law amendment (madras) act, 1950. .....

Sai Cine Productions vs.central Board of Film Certification and Ors.

Court : Delhi

..... the cinematograph (certification) rules, 1983 have been framed by the central government the cinematograph act, 1952, which is for the purpose of carrying into effect the said rule has to be interpreted in a manner so as to ensure that there is no repugnancy with the main provisions of the act. ..... (c) 674/2015 page 1 of 15 dated 21.08.2014 preferred under section 5c of the cinematograph act, 1952 (hereafter the act ).2. ..... may be, decided by the tribunal but not including any proceeding in respect of any matter which is pending before the tribunal and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the board shall dispose of the matter in conformity with such order: provided further that nothing in this sub-section shall require the central government to disclose any fact which it considers to be against public interest to disclose. ..... the petitioner claims that the impugned order dated 21.08.2014 is without jurisdiction as cbfc does not have the power to review its own decision. ..... 3.4 aggrieved by the said decision, the petitioner sought a review by the revising committee under rule 24 of the cinematograph (certification) rules, 1983. ..... he review and cancel contended that the said certification was issued by cbfc after the revising committee had viewed the feature film on two occasions. ..... cbfc had granted an a certificate after viewing the feature film in question and the same could not be reviewed. .....

Indibily Creative Pvt. Ltd. Vs. Govt. Of West Bengal

Court : Supreme Court of India

..... the state act (section 6 39 of the west bengal cinemas (regulation) act 1954) and the central act (section 13 40 of the cinematograph act 1952) provide the conditions in which the state government, or as the case may be, the central government (or a local authority) may suspend the exhibition of a film, where it is likely to cause a breach of the peace. ..... (2) where an order under sub-section (1) has been issued by the chief commissioner or a district magistrate, as the case may be, a copy thereof, together with a statement of reasons therefore, shall forthwith be forwarded by the person making the same to the central government, and the central government may either confirm or discharge the order. ..... an order made under this section shall remain in force for a period of two months from the date thereof, but the central government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit. ..... the section enabled the central government to pass any order it may deem fit in relation to any film which was 26 (1996) 5 scc21627 (2001) 1 scc58217 pending before or decided by the board or the appellate tribunal constituted under the act, giving the central government the power to review or revise the decisions of the board or the tribunal. .....

Mirabai Films Pvt. Ltd. Vs. Union of India and Another

Court : Mumbai

Reported in : AIR1998Bom143; 1998(1)ALLMR548; 1998(2)BomCR281; (1998)1BOMLR736

..... however, in the order, it was recorded by this court that it would be open to the respondents to invoke the revisional powers of the central government under section 6 of the cinematograph act, 1952 ('act'). ..... we do not find any force in this stand of the examining committee because rule 22 of the cinematograph (certification) rules, which, inter-alia, deals with the powers of the examining committee, clearly provides that the examining committee shall examine the film having regard to the principles for guidance in certifying the film specified in section 5-b and the guidelines issued by the central government under section 58(2). ..... 2 - central board of film certification filed an application to the appellate tribunal for review of its above order dated 10th december 1996 on the ground that the film was going to be submitted to the board in its hindi, tamil and telugu versions for certification as a result of which the impact of the film was going to be ..... before this court, a statement was made on behalf of the union of india and the central board of film certification that the review application filed before the appellate tribunal would not be pressed by them. ..... it was further stated that after six months, the procedure was to be reviewed and appropriatechanges were to be made. ..... the petitioners challenged the review application before this court by filing writ petition which was numbered as writ petition no. .....

Ujjwal Anand Sharma vs.union of India and Anr.

Court : Delhi

..... arora, learned central government standing counsel to the effect that the film is yet to be exhibited and consequently, no writ of mandamus as has been sought by the petitioner for revocation of the certification wp(c)no.6408/2017 page 10 of 14 granted to it can be passed under section 5e of the cinematograph act, 1952. ..... on the other hand, a grievance is put forth that the film would cause violence because of its depiction and that the exhibition of the film is against public order and is likely to incite the people to indulge in the commission of offence and is, therefore, violative of section 5b(1) of the cinematograph act, 1952. ..... merely because a small section of the society has a different view, form that as taken by the tribunal, and choose to express their views by unlawful means would be no ground for the executive to review or revise a decision of the tribunal. ..... it is therefore, apparent that the certificate has been issued to the film only after a careful examination which has been subjected to a further review on the request of the producer of the film by the central board of film certification, an expert body.17. ..... there is no case of judicial review, once the expert statutory authority has granted the due certificate 27. ..... reasons, especially given the fact that expert statutory authorities at multiple levels have examined the film and a certificate in accordance with law has been issued for exhibition of the film, no case for judicial review is made out. .....

Ramesh Pimple Vs. Central Board of Film Certification and anr.

Court : Mumbai

Reported in : 2004(5)BomCR214; 2004(3)MhLj746

..... the petitioner applied to the central board of film certification on february 26, 2003 for a certificate under the cinematograph act, 1952 for u certificate for unrestricted ..... of the examining committee and revising committee, the petitioner preferred appeal to the film certification appellate tribunal under section 5(c) of the cinematograph act, 1952. ..... writ of certiorari or any other appropriate writ, order or direction quashing the decision dated august 11, 2003 of the film the certification appellate tribunal and directing the respondents to grant certificate to the documentary film entitled 'aakrosh' for its public exhibition under the cinematograph act, 1952.3. ..... in exercise of power conferred by sub-section (2) of section 5b of the act the central government has laid down the principles which should guide the authorities in sanctioning the ..... sub-section (5) of section 6 lays down that the central government may, if satisfied in relation to any films in respect of which an order has been made by an appellate tribunal under section 5b that it is necessary so to do in the interest of (i) the sovereignty and integrity of india or (ii) the security of the state or (iii) friendly relations with foreign states, or (iv) public order or decency or morality, make such enquiry into the matter as it deems necessary and pass such order in relation thereto ..... by prior restraint must necessarily be reasonable that could be saved by the well accepted principles of judicial review.11. .....

P.N. Films Ltd. Vs. Union of India

Court : Mumbai

Reported in : AIR1955Bom381; (1955)57BOMLR753; ILR1955Bom346

..... of a certain order dated 7-4-1954, emanating from the ministry of information and broadcasting and signed by the under secretary to the government of india exercising powers under section 5, sub-section (4) of the cinematograph act, 1952, on behalf of the central government directing that certain parts of a film 'prisoner of golconda' should be excised from all copies of the film and for production of the certificate granted by the central board of film censors for a proper amendment.this order was served on ..... , that the board of film censors do not in fact picture in this controversy at all and have nothing to do with the order challenged or with the offices of the union and at this stage in this connection it is pertinent to note that under item 60 of the seventh schedule to the union list the central government is given power of sanctioning cinematograph films for exhibition. 8. ..... the relevant sections i have set out above that the final authority is the central government and it may accept the view of the board of film censors or it may not and it can act on its own initiative under section 5, sub-section (4), by calling for any proceeding or record and making any order it deems fit or as it feels proper to suspend the exhibition of any film under section 6, or to exempt altogether any film or any class of films under section 9. ..... the board, namely, submitting of report, keeping of registers, and reviewing the work of and issuing directives to regional officers and members of .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... industrial disputes act, 1947, (a) in section 7a, after sub-section (1), the following sub-section shall be inserted, namely: (1a) the industrial tribunal constituted by the central government under sub- section (1) shall also exercise, on and from the commencement of part xiv of chapter vi of the finance act, 2017, the jurisdiction, powers and authority conferred on the tribunal referred to in section 7d of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952). ..... presiding officer of the industrial tribunal appointed by the central government under sub-section (1) of section 7a, shall, after the commencement of part xiv of chapter vi of the finance act, 2017, be governed by the provisions of section 184 of that act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force. 59. ..... cinematograph act 1952 ..... the cinematograph act, 1952 173. ..... in the cinematograph act, 1952, after section 5d, the following section shall be inserted, namely ..... kumar (supra), while upholding the constitution of the tribunals, a 7-judge bench of this court 24 held that the orders of the tribunals would be amenable to judicial review under article 226 of the constitution albeit with a caveat that these matters would be decided by a division bench.41 .....

Phantom Films Pvt. Ltd. and Another Vs. Central Board of Film Certific ...

Court : Mumbai

..... j-6, hemlata aditya bunglows, millat nagar, andheri west - 400 053 mumbai maharashtra sir/s, with reference to your application to the central board of film certification dated 10/05/2016 for a certificate under the cinematograph act, 1952 to exhibit the film entitled "udta punjab" (hindi). ..... kadam invites our attention to part ii of the act and submits that section 3 therein enables the central government by notification in the official gazette to constitute a board to be called the board of film certification, which shall sanction the film for public viewing. ..... by this petition under article 226 of the constitution of india, the petitioners seek a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the record of the decision annexure i-4 to the writ petition and after scrutinising the legality, validity and correctness thereof to quash and set aside the same. ..... the act of 1952 sets up a board of censors of high calibre and expertise, provides hearings, appeals and ultimate judicial review, pre-censorship and conditional exhibitions and wealth of other policing strategies. ..... further, a ready film being subjected to a viewing and now review by the 1st respondent consuming so much of time there is no guarantee that the deadline of release set can be met by a belated decision of the appellate authority. ..... ) a roman officer who acted as a census-taker, assessor, and reviewer of public morals. 2. .....

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

Court : Delhi

..... importantly, 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). ..... 13.7 any person aggrieved by the order of the central government under section 5e is entitled to seek a review under section 5f, within the time prescribed. ..... 15.3 the power of exemption (subject to conditions and restrictions contained in its order qua exhibition of a film or a class of film), is conferred on the central government, under section 9 of the 1952 act. ..... section 7a empowers seizure of films, which are exhibited without certification, or to an audience to which it ought not to be exhibited, or is exhibited in contravention of the provisions of the 1952 act, or any order of the central government, fcat or cbfc. ..... before passing any such order, the central government is required to give an opportunity to the affected party to present its views.14. ..... the review, 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). ..... 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 by the cbfc. ..... by this communication, the petitioner sought review of the impugned order passed by the fcat. .....