Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)700; AIR1997SC342; JT1996(10)SC410; 1996(8)SCALE351; (1997)1SCC195; [1996]Supp8SCR777
..... 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made thereunder and it is by virtue of the said provision contained is section 12 that the 1951 rules made under the repealed enactment are continued and are treated as the rules made under the 1955 act ..... 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 ..... other mode of levy, reads:provided that a proprietor of a cinema in a local area having a population not exceeding one lac, may, in lieu of payment under this sub-section, pay a compounded payment to the state government on such conditions and in such manner as may be prescribed and at such rate as the state government may from time to time ..... cinematograph rules, 1951 (though rule 14 does not expressly provide for alteration or amendment of the licence, it is obvious that the power to 'determine the maximum number of seats' conferred upon 'the licencing authority necessarily implies and includes the power to amend it including the ..... the licensing authority shall have the power to revise the compounded amount to tax upwards if the ..... the district magistrate has no power or authority to agree to such a request-nor can the respondent make such a request, as explained hereinabove so long as the licence .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLN597
..... unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof namely:(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the cinematograph act, 1952, a copy of the certificate granted by theboard of film certification under section 5a of that act in respect of such work;(b) the name and address of the person who has made the video film and a declaration by him that he has obtained ..... section 7 provides punishment for the various acts enumerated in the provision and section 7-a provides the powers of search or seizure. ..... then, section 5 of the act provides restriction on powers of licensing authorities. ..... under section 7, the state government and the district magistrate have been given powers to suspendexhibition of films in certain cases, and during the period of suspension, the said film is deemed to be an uncertified film in the whole or part of the district or the state of rajasthan as the cdase may be. ..... then, section 15 provides the power of the licensing authority to revoke the licence if a person is convicted of an offence under section 7 or 14 of the act.5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H230
..... this context what first catches the eye is the heading of the statue itself and the preamble that follows which are in the following terms :-'the punjab cinemas (regulation) act 1952-' an act to make provision for regulating exhibition by means of cinematographs in the punjab. ..... 'x x x'the power to regulate includes the power to restrain, land indicates the power to restrain, and indicates restriction in some respects, and the term 'regulate' embraces the idea of fixing limitations and restrictions, and contemplates the power of restriction or restraint--x x x 'the power to regulate may include the power to license or to refuse a license, or to require a bond from an applicant therefor, or to require the taking out of a license; and it may include the power to tax or to exempt from taxation, but not the right to ..... the learned single judge it appears to us that his basic assumption that the aforesaid three objects enumerated by him were the only objects of the act and were exhaustive of all its purposes is not easily supportable by either principle or precedent to arrived at the aforesaid conclusion the learned single judge seems to have primarily relied on sub-sections (1), (2) and (4) of section 5 and made a passing reference to section 6 and 8 and the rule making power under section 9 of the act. ..... duly granted a licence by the district magistrate, sangrur, under section 5 of the punjab cinemas (regulation) act, 1952(hereinafter called the act) and the rules framed thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)ALLMR312; 1997(3)BomCR438
..... prohibiting the respondents from releasing or screening the serial titled 'tamas' and to enforce the petitioner's fundamental right under articles 21 and 25 of the constitution and declaring the screening or televising of 'tamas' as violative of section 5-b of the cinematograph act, 1952. ..... under the newly added sub-section (5) of section 6, the central government has also been given revisional powers in respect of a film certified by the appellate tribunal on the ground that it is necessary to pass an order in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states of public ..... others, : 1980crilj202 justice krishna iyer has observed that a certificate by a high-powered board of censors with specialised composition and statutory mandate is not a piece of inconsequence ..... i also recommend to the doordarshan that considering the powerful message of communal harmony conveyed by the film, the doordarshan may consider its telecast on channel i which has the maximum viewership.rule is made ..... in addition, there is also an overall revisional power in the central government to call for the record of any proceeding in relation to any film at any stage, where it is not made the subject matter of appeal to the appellate tribunal, to enquire into the matter ..... it is such a revelation that has power to open their eyes to the corrosive nature of ..... the high-power committee of film censor board has approved the exhibition of the film and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN526
..... if, as here, the board of censors acting within their jurisdiction under cinematograph act, 1952 and on an application made and pursued in good faith, sanctions the public exhibition, the producer and connected agencies do ener the statutory harbour and are protected from prosecution under section 292 of the penal code because section 79 exeperates them at least in view of their bonafide ..... jurisdiction of the criminal court in this background is an abuse of the process of law and the high court rather glossed over this important fact while declining to exercise its powers under section 482, cr.pc.thus, the appeal was allowed and the order of the high court was set aside and the proceedings before the chief judicial magistrate were quashed.26. ..... from the provisions of article 154 of the constitution but it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws.it is thus clear that the story of the film, 'deceivers' was fairly examined by the government of india and after scrutiny ..... know of the fact that the aforesaid film depicts wrong feature and character of our hindu culture, religion, and mythology; the goddess of 'kali' which is a symbol and goddess of power and worshipped througout the country by millions, has been depicted as 'goddess of evil' and has been projected as 'demon god', as is evident from the extracts of the story. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal653
..... this is an application under article 226 of the constitution and section 45 of the specific relief, act for cancellation of an order of suspension of the censor certificate of the film entitled 'section 109', alleged to have been passed by the respondent west bengal board of censors constituted under the cinematograph act 1918 and having its office at 1 lal bazar street, calcutta ..... appears that on the 7th october 1950, the commissioner of police, calcutta issued an order under section 7(5) of the cinematograph act, 1918 suspending the certificate in question and the government of west bengal purporting to act under section 7(6) of the said act, had. ..... . under section 7 of the cinematograph act (act ii of 1918) the respondent board has been constituted as the authority for the purposes of certifying films for public ..... petitioner has challenged the validity of the action taken and/or order made by the letter of the 22nd september 1950 on the ground that the same was in contravention of the provisions of the cinematograph act and was without jurisdiction and also on the ground that it was mala, fide.11 ..... . under sub-section 4 of section 7 of the act, the authority has the power to demand the exhibition before itself of any certified film and to suspend by order the certificate of any such film pending the order of the local ..... is clear that if it was an order by the secretary himself, the order must be without jurisdiction because the secretary has no power to make any order of suspension.18 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1995Guj61; (1994)2GLR1697
..... section 6f of the cinematograph act shows that the holder of the licence may be a person different from the owner or manager or partner of the cinematograph.13 ..... by his words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having regard to the dealings which have taken place between ..... in these facts of the case, the supreme court interpreted the provisions of section 14 of the partnership act holding that the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even property including immovable property ..... granted to a sole licensee and the firm of which he was a partner did not automatically acquire interest in the licence on the basis of the stipulation in the partnership deed that the licensed premises including the cinematograph used therein belonged to the partnership. ..... 12 are exempted from the purview of rent control legislation, the basis of exemption is that such bodies would not be actuated by any profit making motive so as to unduly enhance the rents or eject the tenants from 'their respective properties as private landlords are or are likely to be .....
Tag this Judgment!Court : Orissa
Reported in : 82(1996)CLT184; 1996(I)OLR413
..... power of revocation is given under section 8 of the act, revocation can be done by licensing authority under two circumstances, namely, (a) whether the holder of a licence has been convicted of an offence under section 7 of cinematograph act, 1952 (in short the 'cinematograph act') or under section 7 of the act, section 7 of the act, deals with penalties for contravention of the act, sections 7 and 8 read as follows :'section ..... 'section 8, power to revoke licence : where the holder of a licence has been convicted of an offence under section 7 of the cinematograph act, 1952 xxxvi of 1952) or under section 7 of this act, the licence may be revoked ..... that in cider to revoke a licence, conviction under section 7 of either the act or the cinematograph act is a precondition. ..... a cinema uses the same or allows it to be used or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this act or of the rules made thereunder or of the conditions and restrictions upon or subject to which any licence has been granted under this act, he shall be punishable with fine which may extend to one thousand rupees and in the case of continuing offence, with a further line which may extend ..... support of the writ application firstly, it is submitted that the power to revoke licence can be exercised under certain circumstances as enumerated in section 8 of the act. ..... not reveal that there was any conviction under section 7 of either of the acts, referred to above. .....
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. ..... 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
..... of the cinematograph act, 1952, and the ..... 5-b of the cinematograph act, which lays down theprinciples for guidance in certifying the films, says that a certificate can be refused only if, in the opinion of the authority, the film is against the interests of ..... 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 ..... despite that, i have not been able to discern in the language of that article or other relevant articles any implied limitation on the power to make amendment contained in the said article.we may now deal with the second aspect of the question which pertains to limitation on the power of making amendment because such a limitation, though not flowing from an express provision, is stated to be based upon higher values which ..... for example, the constitutional value which is the pivot of the conventions stated above and relating to responsible government is the democratic principle; the powers of the state must be exercised in accordance with the wishes of the electorate; and the constitutional value or principle which anchors the conventions regulating the relationship between the ..... may be said that a constitutional provision is not exempt from the operation of such a principle. .....
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