Court : Chennai
Reported in : AIR1984Mad278
..... . while rejecting the contention raised on behalf of the petitioners therein that the expression ''cinematograph' used in the bombay cinemas (regulation) act, 1953 should be understood only in the sense in which it was used in 1953, the court pointed out that in fast developing society, it would not be correct to confine the intention of legislature to the meaning attributable to the w6rd used at the time of enactment, that in a scientific age, the legislature must be presumed to be aware of an enlarged meaning of the word which it may attract with the advance of science and technology, and that there is no reason as to why the ..... word 'apparatus' used in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom34
..... sinha appearing on behalf of the state, has taken me through the various provisions of the cinematograph act, 1952 and the bombay cinemas (regulations) act, 1953 and the rules made thereunder. ..... hence, exhibiting movies by playing pre-recorded cassettes in vcr in caf and restaurants, come within the ban contained in section 3 of the bombay cinema (regulations) act, 1953.5. ..... 7 of the bombay cinemas (regulations) act, 1953.6. ..... yet another limb of his arguments was that in the year 1952, the state legislature enacted bombay cinemas (regulations) act, 1953 to make provisions for the regulation of cinemas including their licences. ..... according to them the exhibition of cinema, free of charges to the customers with the aid of magnetic tape cannot come under the provisions of the cinematograph act, 1952. ..... as i have observed above, the challenge in the present petitioners have rushed to this court as soon as the raid is effected or as soon as the challenge was filed on the ground that the provisions of the cinematograph act, 1952 are not at all attracted in these cases. ..... 34(2)(b) of the electriccccity act, 1910 has, in the absence of any new definition in that act, to be given the same sense as the legislature had intended in 1885 by the definition of that expression in the earlier act. ..... however, since i have taken a view that vcr and tv sets are covered by the definition of 'cinematograph' as defined under the cinematograph act, the provisions of the act are very much attracted. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR872; 2001(2)BomCR760
..... 417 is patently illegal and unauthorised also under the bombay cinema (regulation) act, 1953 and the maharashtra cinema (regulation) rules, 1966 (hereinafter referred respectively as, 'the cinema regulation act' and 'the cinema regulation rules'). ..... 1 is also directed to revoke the licence issued for usha chitra mandir under the bombay cinemas (regulation) act.72. ..... under section 8 of the cinema regulation act, the licensing authority can cancel or revoke the licence, if there is any contravention of the provisions of the cinema regulation act and the cinema regulation rules. ..... the petitioners have described the procedure, which is to be followed for the purpose of construction of a cinema house and for the purpose obtaining licence for the same under the cinema regulation act and the cinema regulation rules. ..... the licensing authority under the cinema regulation act cannot grant licence unless it is satisfied that the cinema regulation rules have been substantially complied with and adequate precautions have been taken to provide for safety of the persons attending the cinema house. ..... the role which is to be played by the authorities under the cinema regulation act, commences only after there is the valid permission from the municipal council and not before that or not by overriding the authority of the municipal council. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(6)BomCR626; 2004(2)MhLj252
..... while dealing with the abovesaid three points, it is necessary for us first to refer to the definition of the word 'cinema' as is given in maharashtra cinemas (regulation) rules, 1966, framed under section 9 of the bombay cinemas (regulation) act, 1953. ..... in that matter, objection was taken on behalf of the appellant that before the construction of the cinema hall, compliance of rule 89 of the bombay cinemas (regulation) act 11 of 1953 was not complied with and, therefore, no objection certificate should not be issued in respect of the annexe. ..... nagpur improvement trust act, 1936, the city of nagpur corporation act, 1948 and bombay cinema (regulations) act, 1953. ..... litigation?c) whether respondents have contravened any of the provisions of the act, the rules and the regulations in that respect while granting permission for construction of multiplex/commercial complex/convention hall?d) was it necessary for the respondents to have obtained permission from the competent authority before actually starting construction of the building which contains three cinema halls?e) did the respondents consider the other relevant aspects such as after effects completion of the construction, on the close by localities as also on the traffic, pollution, environment and other inconveniences .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom115; (1992)94BOMLR675
..... it is argued that the term 'or such similar device' is a blanket permission authorising the use of the video projector and screen, both of which are not contemplated in the case of video cinema- the petitioners alleged-that to that extent the action of respondents 1 and 2 is liable to be struck down or rather that the scope of the licence be legally limited to be in conformity with the act and the rules and the provisions of the bombay cinemas (regulations) act, 1953 and the maharashtra cinemas (regulation) rules, 1966 as ..... the question or rather issue that is involved is whether in the case of a duly licenced video cinema, it would be permissible for the operator to avail of the use of projection equipment known in the trade circles as 'entel' whereby the picture is projected on to a large screen or whether such action would contravene the provisions of the bombay cinemas (regulation) act, 1953 and the maharashtra cinemas (regulation ..... exhibition 'means an exhibition of a cinem atograph film or moving pictures or series of pictures organised for a financial gain by playing or replaying a pre-recorded cassette by means of a video cassette player or recorder either on the screen of a television set or video-scope or otherwise, at a residential or non-residential place of entertainment, other than a hotel or a public vehicle, which is or which is not licensed under the bombay cinemas (regulation) act, 1953 and the rules made thereunder or under any law for time being in force. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj103
..... the first part of this submission is that section 5(1)(a) of the bombay cinemas (regulation) act, 1953 (hereinafter referred to as 'the act') only requires substantial compliance of the rules and not strict compliance of the rules and the rules in the present case have been substantially complied with and therefore the state government and the licensing authority were bound to issue the no objection certificate. ..... 1, they had shown their willingness to consider the matter afresh and has stated that the petitioner may undertake fresh proceedings under the bombay cinema rules, 1954 for constructing a permanent cinema and make a new application to the district magistrate, rajkot for obtaining no objection certificate. ..... this writ petition is directed against the order of the district magistrate, rajkot dated 21st august, 1964 (annexure 'k') refusing to grant a no objection certificate to the petitioners under rule 5 of the bombay cinema rules, 1954 (hereafter referred to as 'the rules').2. ..... the preamble of the act is: 'whereas it is expedient to provide for regulating exhibitions by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the state of bombay. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1990Mad87
..... of the high court ..... the grounds of challenge put forth before the high court by the appellant in that case, the scope of the reply given by the concerned respondents and the decision-of the high court are delineated in paragraphs 5 to 8 of the pronouncement as follows:--'the main grounds of challenge were : that the impugned certificate had been issued by the district magistrate, not in the exercise of his own discretion, with due regard to the principles indicated in the bombay cinemas regulation act 1953 (for short the act) and the rules, but mechanically at the dictates of the state government; that respondents 5 and 6, according to an earlier judgment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2111; (1994)96BOMLR488; JT1993(4)SC207; 1993(3)SCALE95; (1993)3SCC696; [1993]Supp1SCR169
..... the bombay cinemas (regulation) act, 1953, hereinafter referred to as 'the act', has been enacted by the legislature of the erstwhile state of bombay to provide for regulating exhibitions by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the ..... the bombay entertainment duty act, 1923, as amended by maharashtra act 11 of 1984 the expression 'video exhibition' has been defined in section 2(j) in the following manner:'video exhibition' means an exhibition of a cinematograph film or moving pictures or series of pictures organised for a financial gain by playing or pre-playing a re-recorded cassette by means of a video cassette player or recorder either on the screen of a television set or video scope or otherwise, at residential or non-residential place of entertainment, other than a hotel or a public vehicle which is or is not licensed under the bombay cinemas (regulation) act, 1953 ..... and the rules made thereunder or under .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR585; 2007(2)BomCR172
..... the said proviso reads as follows:provided further that, any payment not exceeding fifty paise per ticket if charged by the proprietor towards service charges separately and the proprietor shows to the satisfaction of the prescribed officer as defined in the rules made under this act that the amount of such service charges is spent by him towards maintenance and providing facilities and safety measures in the permanent cinemas in addition to those required under the provisions of the bombay cinemas (regulation) act, 1953 (bom. ..... xi of 1953), and the maharashtra cinemas (regulation) rules, 1966, or any other law for the time being in force, such service charges shall not be included in the payment for admission. ..... under the newly added proviso to clause (b) of section 2 of the bombay entertainment duty act, 1923 (principal act) the proprietor of the theatre was allowed to charge 50 paise per ticket over and above the fixed value of the tickets and the entertainment duty. ..... the government of maharashtra, therefore, came up with the amendment in section 2 of the bombay entertainment duty act and as stated earlier by the ordinance dated 25th december, 1992 and lateron by amending act, 1993 the proviso was added to clause (b) of section (2). ..... this proviso was amended by bombay entertainment duty (amendment) ordinance, 1994 promulgated on 26th september, 1994 and the said ordinance was replaced by the bombay entertainment duty (amendment) act, 1994. .....
Tag this Judgment!Court : Chennai
Reported in : (1989)2MLJ284
..... roshan kumar : [1976]3scr58 under the provisions of the bombay cinemas regulation act, 1953 and the bombay cinema rules, 1954, there was an option for the owner of a rival cinema owner to put forth an objection with the rest of the public in response to the notice to be published under the rules, and the supreme court in that case found that the appellant did not avail of this option, he did not lodge any objection in response to the notice; no explanation was given as to why he did not prefer any objection. ..... or is it a statute dealing with private rights of particular individuals?applying the tests to the case before it, the supreme court found that the bombay cinemas regulation act, 1953 and the bombay cinema rules, 1954 with which it was concerned are not designed to set; norms of moral or professional conduct for the community at large or even a section thereof and they only regulate the exercise of private rights of an individual to carry on a particular business on his property. ..... that was a case, as already noted, which arose under the bombay cinemas regulation act, 1953 and the bombay cinema rules, 1954. ..... roshan kumar : [1976]3scr58 , which as a case under the bombay cinemas regulation act, 1953 and the bombay cinema rules 1954. .....
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