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Directorate of Film Festivals and ors. Vs. Gaurav AshwIn JaIn and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1640; 2007(3)BomCR577; JT2007(5)SC394; (2007)3MLJ955(SC); 2007(5)SCALE565; (2007)4SCC737; KCCRSN134(SC).2007(4)CivilLJ364; 2007AIRSCW2497

..... insofar as films entered by doordarshan, the appellants rely on a notification dated 16.10.1984 issued by the government of india in exercise of power of exemption under section 9 of the cinematograph act, 1952, exempting all doordarshan programmes from the provisions of the act relating to certification of films, subject to the condition that while clearing programmes for telecast the director general doordarshan or the concerned director, doordarshan kendra shall keep in view that the film certification guidelines issued ..... of films for exhibition and regulation of exhibition by means of cinematograph is governed by the cinematograph act, 1952 ('act' for short). ..... any public exhibition, and were viewed only by a select jury (consisting of persons distinguished in the fields of cinema and allied arts and humanities), there was no need for certification by the board under the cinematograph act, 1952 ('act' for short). ..... under the cinematograph act, 1952, a film can be released for public exhibition only if it has been examined and certified by the central board of film certification as being suitable for public exhibition under the categories 'unrestricted' or 'restricted to adults' or 'restricted to ..... section 9 relates to power to exempt and is extracted below:the central government may, by order in writing exempt, subject to such conditions and restrictions, if any, as it may impose, the exhibition of any film or class of films from any of the provisions of this part or any rules .....

Prabhudayal Vs. the Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1987MP154

..... other hand, the notification dated 16-10-84 issued by the central government under the said section 9 reads as under :'in exercise of the powers conferred by section 9 of the cinematograph act 1952 (37 of 1952), the central government hereby exempts all doordarshan programmes from the provisions relating to certification of films in part ii of the said act and the rules made thereunder subject to the condition that while clearing programmes for telecast ..... , the director general, doordarshan or the concerned director, doordarshan kendra, shall keep in view the film certification guidelines issued by the central government to the board of film certification under section 5b(2) of the said act ..... board of film censors by the doordarshan in its programmes of 'chilrahar' and 'chitramala' is in violation of the provisions contained in this behalf in part ii of the cinematograph act 1952 (hereinafter referred to as the act). ..... section 9 of the act reads as under :'power to exempt ..... powers conferred by section 9 of the act, the central government can grant exemption in regard not only to any particular film, but to a class of films from any of the provisions of part ii of the act .....

Ramanlal Hemlal Bhatiya and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(2)MhLj1121

..... thereunder or of any of the conditions or restrictions upon or subject to which the licence has been granted to him under this act (or of any of the conditions or restrictions imposed by an order of exemption made under section 10), or in the event of his conviction of an offence under section 7 of this act or section 7 of the cinematograph act, 1952, (or on receipt of recommendation from the collector under section 9d of the bombay entertainments duty act, 1923,) (the licensing authority may by order revoke the licence or suspend it for such period as it may think fit ..... it is the fact that the order under section 8 of the act, has been passed on 18-4-1990 and petitioners were immediately directed to close down the theatre from the date of the order, though there is a specific provision under section 8 of the act, itself to that effect that if any order has been passed under section 8 of the act, the same should not take effect unless and until the period of appeal has been expired, and ..... the learned counsel for the petitioners, submits that though as per provisions of section 8 of the act, the order of suspension shall not take effect until period of appeal prescribed against ..... be noted that the power of cancellation vests in the district magistrate/collector as per provisions of section 8 of the act. ..... not disputed that the licencing authority has power to revoke or suspend the licence in view of the provisions of section 8 of the act.section 8 of the act, is as under :--'section 8. .....

C.B.E. and C. Vs. Prasad Film Laboratories

Court : Chennai

Reported in : 1999(114)ELT21(Mad)

..... as rightly pointed out by the learned single judge, the cinematograph (certification) rules, 1983, made in exercise of the powers under the cinematograph act, 1952, central act, 37 of 1952, contains definition in a section 2(ix) of 'feature film' to mean fictional story film exceeding 2000 metres in length in 35 mm or ..... renders, in our view, the principles incorporated in the cinematograph act being kept into consideration also for interpreting the scope of exemption notification, become very much relevant as also necessary. ..... to the cinematograph act, which provides for certification of films, cannot be totally ignored as has been done by the tribunal in this case in considering the claim for exemption, particularly having regard to the wordings of the exemption notification, which ..... , learned counsel for the appellant strenuously and with great force, contended that the order of the learned single judge does not conform to the very object and claim underlying the exemption notification, that since the language media has been dispensed with in the film and there is no change in the sound track and the picture remained same in all the 55 ..... be treated as different feature films and the fact that substantial portion of it was copies from out of the master negative, is no reason to reject the claim for exemption, unmindful of the difference in the length, different title for different languages and different introductory speeches in different languages in each one of those films.9. .....

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

Court : Delhi

..... 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 18, whereby the cinematograph act of 1918 ..... , 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). ..... 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 ..... 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 ..... however, be remembered that the cinematograph is a powerful medium and its appeal is ..... 27.5 in the context of the aforesaid, the supreme court made the following observations vis- -vis the provisions of section 124a : a plain reading of the above section would show that its application would be attracted only when the accused brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in india, by .....

Rasdeep Touring Talkies Vs. District Magistrate and anr.

Court : Punjab and Haryana

Reported in : AIR1967P& H219

..... the 1918 act, so amended, was ultimately replaced by the cinematograph act, 1952, act no. ..... senior deputy advocate general, has argued that the court must raise a presumption of constitutionality and has further urged that the prohibition contained in rule 3(iv) of the punjab rules is not absolute, but is subject to the power conferred on the state government under section 10 of the punjab act to exempt any particular cinematograph exhibition or place from the operation of the said rule. ..... 2595 and 2634 of 1965) raised one common question of law as to the constitutionality and validity of rule 3(iv) of the punjab cinemas (regulation) rules, 1952, hereinafter called the punjab rules, framed under section 9 of the punjab cinemus (regulation) act, 1952 (punjab act 11 of 1952), hereinafter referred to as the punjab act before dealing with the abovesaid importance question of law, i would give a brief resume of the relevant facts of civil writ no. ..... impugned order of the district magistrate, karnal, refusing to grant the temporary licence in question to the petitioners, on the solitary ground that a permanentcinema exists in kurukshetra and hold that rule 3(iv) of the punjab cinemas (regulation) rules, 1952, is unconstitutional and void and that the petitioners are entitled to have their applications for grant of temporary licence underrule 3(i) of the said rules disposed of in complete disregard of sub-rule (iv) of rule 3, but in accordance with all .....

Phaguni Nilesh Lal Vs. the Registrar General, Supreme Court of India a ...

Court : Delhi

..... . 25.4 the supreme court based on its analysis of the provisions of the cinematograph act, 1952 came to the conclusion that it was a policy decision of the government to permit entry of films for the purposes of national film awards, to only those, which had been certified ..... which was decided by the learned single judge of the madras high court it was noticed that the petitioner union had entered into a settlement under section 18(1) of the industrial disputes act, 1947 qua promotions of its members, and therefore, the methodology of on campus interviews for direct recruitment could not be found fault with ..... the requirement of certification of films was based on the provisions of a statutory act, which invested in the government the power to exempt certain entities from the provisions of the act ..... clarification issued on 20.02.2013 was that, the first appellate authority vide order dated 07.03.2013 ruled that pendency of proceedings before this court will not warrant exemption under section 8(1)(b) of the rti act, and therefore, the stand taken by the cpio claiming exemption under the said section, would not survive. ..... of establishment of special courts under section 3 of the west bengal special courts ordinance 1949, which was replaced with west bengal special courts act, 1950. ..... submission advanced on behalf of the respondents which was that, the ministry of information and broadcasting permitted entry of films in film festivals (non-commercial section), without certification by the board .....

State Vs. N.B. Hankins

Court : Punjab and Haryana

Reported in : AIR1957P& H243; 1957CriLJ1172

..... this appeal under section 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. ..... bishambar dayal, who appears for the state, contends that there is an irreconcilable conflict between section 9 of the act of 1918 and section 17 of the act of 1952, for whereas the earlier act vests the power of granting exemptions in the provincial government the later act vests such power in the central government. ..... section 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 rule made thereunder.'4. ..... the act of 1918 was repealed by the cinematograph act, 1952, which re-enacted most of the provisions of the earlier 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 licence in this behalf. .....

Rudra Talkies and ors. Vs. Prem Sagar and Co. and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H348

..... ' in view of these authorities, section 10 of the act cannot be struck down merely because it does not indicate the circumstances or the manner in which the power to exempt is to be exercised and we have to turn to the impugned order itself to find out if it has been made in violation of ..... taking advantage of the provisions of section 10 of the act, which empowers the government to exempt any premises intended to be used for cinematograph exhibition from any of the provisions of the act or of any rule made thereunder, messrs-prem sagar and company moved the government for exemption from the provisions of the rule relating to the distance between ..... parties were left to bear their own costs.it may be mentioned here that in the course of the proceedings, on the 4th of april 1966, an application under order 1, rule 10 read with section 151, civil procedure code, for adding them as petitioners in the ease was made by three residents of thanesar on the plea that their children were studying in the arya high school which is at ..... 19 (1) (a) (ii) of the punjab cinemas (regulation) rules, 1952, framed under section 9 of the act, hereinafter referred to as the rules, provided that the site of a building licensed for cinematograph exhibition shall not be within a radius of one furlong (660 ..... , karnal, the licensing authority under the punjab cinemas (regulation) act, 1952, (punjab act no. ..... 11 of 1952), hereinafter referred to as the act, for permission to construct a cinema house outside the city .....

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

Court : Mumbai

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

..... a director of that company challenging the validity 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 ..... under section 3 of act 37 of 1952, the cinematograph act, a board of film censors is set ..... order and intimating to him that in the event of non-compliance the film would be declared as an uncertified film.this notification is issued under section 6(c) of the cinematograph act suspending the exhibition of this picture for a month. ..... section 8 confers on the central government the right to make rules and section 9 gives the central government a free hand, namely, to exempt in writing any film or class of films from any of the provision of part ii of the act ..... 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 .....