Court : Kolkata
Reported in : AIR1956Cal146
..... aside and/or why a writ in the nature of mandamus should not issue directing him to proceed in accordance with the provisions of bengal places of public amusement act (act 10 of 1933) and/or why such further or other order or orders should not be made as to this court may seem fit and proper.3 ..... district magistrate, as the case may be, has reason to believe that the notified place of public amusement will be conducted in contravention of any of the conditions of a license which he is empowered to grant under this act or is likely to lead to a breach of the peace or to cause obstruction, ..... the persons who arein charge of the administration of an agricultural locality that a very large class of cultivators would leave cultivation in order to seek amusement and it will cause injury to themselves, i do not think that it can be excluded from the scope of section 5(3). on the ..... physically with the consequent reaction on cultivation.this is said to be the experience of the officials who are in charge of the administration of the places concerned. it is said that it was not to the interest of the poorer people, who mostly comprise cultivators and cultivating labourers, to issue such ..... annoyance or injury to residents in the locality'. what is said by the district magistrate in the affidavit-in-opposition is that rampurhat is a small municipal town and nalhati is a rural area. the contemplated circus shows in these places .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1965Cal312,1965CriLJ679
..... : 'the commissioner of police may, at his discretion, from time to time, grant licences to the keepers of such houses or places of public resort and entertainment as aforesaid for which no license as is specified in (the bengal excise act, 1909) is required upon such conditions, to be inserted in every such license, as he, with the sanction of the said ..... pawn-brokers and moneychangers, licences for conveying and removing gun powder, regulation of traffic, disorder at places of public amusement and also public meeting, penalties for offences for driving not merely cars and carts but also elephants and camels, bathing in public street, affixing posters, indecent behaviour in public, nuisance in streets, stray animals on the roads and kitting even of stray dogs.6. ..... questions raised and the decision on this application depend in the first place on the scope and construction of section 39 of the calcutta police act. the calcutta police act is an ancient bengal act of 1886 whose preamble said it was an act to amend and consolidate the still older provisions of act xiii of 1856 (for regulating the police of the towns of ..... of section 39 which especially provides for a case of commissioner of police granting licence for places for which no licences are required under the bengal excise act i have come to the conclusion that the word 'refreshment' in section 35 of the calcutta police act does not have the limitation that refreshment is only spirituous refreshment and not other kinds of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1937Cal603
..... words:the general committee may make bye-laws for the regulation of theatres and other places of public resort, recreation or amusement.44. mr. bose argued that although the whole of the calcutta municipal act of 1899 was repealed by the act of 1923 that provision was in effect re-enacted in section 478(43), calcutta municipal ..... as bye-law 13. it is actually one of a series of bye-laws said to have been made under section 559(52), calcutta municipal act, 1899(bengal act 3 of 1899) for the regulation of the use of squares or gardens vested in the corporation. these bye-laws were sanctioned by the local ..... views. it became convinced, or convinced itself, that the women's athletic club was 'the club intended' by the corporation by resolution of 5th august 1933, words which were repeated in the resolution of september 1934. this culminated in the trial of september 1934, which, having regard to the proceedings, gives ..... words, this women's athletic club sought recognition of the committee as the committee contemplated in the resolution of the parks committee of 5th august 1933 and there is no doubt that what was aimed at by the women's committee was an acquisition of a monopoly with regard to the management ..... this arrangement the corporation should be so good as to grant permission at an earlier date as the club intended to start it on 1st june 1933. eventually, on 8th june the district engineer of district no. 1 wrote a letter to the national swimming association saying that there was no .....Tag this Judgment!
Court : Kolkata
..... allowed to dance. in such context it has been held that restaurants run by a company are places similar to dancing halls and as such are places of public amusements covered by the section 443 of the calcutta municipal act, 1951. the fact that the restaurant was a public place was admitted and was not raised as an issue. it has also held that apart from the ..... to its members.a private members club could not be held to be a place of public entertainment. in bengal club ltd.(supra).the deputy commissioner of police had invoked the provisions of the calcutta police act, 1866 and the calcutta suburban police act, 1866 and requested the club to obtain a licence. the club was warned that in the event ..... , service tax cell, calcutta & ors.) and 1989 criminal law journal page 535 (bengal club ltd.v.deputy commissioner of police & ors.).mr.mitra contends that, section 422 of the kolkata municipal corporation act, 1980 contemplates a situation where a premises is open to the public and is used for recreation, amusement and like purposes, then the owner of such premises may be obliged to ..... of the members in some form or other. in the saturday club limited (supra) it has been held that a members club is not liable to pay service tax. in bengal club ltd.(supra) it has been held that supply of goods by a club to its members at a fixed price does not mean any sale made by the club .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1936Cal145
..... corporation but it is clear upon the terms of the act that it is the duty of the owner of the place of amusement to take a license in proper time before he opens the place of public amusement. it may be that the owners of a place which had a license may be allowed some time of ..... great length it is absolutely clear that the term theatre or circus or other similar place of public amusement cannot possibly omit a cinematograph show. a cinematograph show is one of the most widely spread popular forms of public amusement. it is held in a building similar to a theatre and it cannot possibly escape ..... than in conformity with the terms of a license granted by the corporation in the behalf, keep open any theatre, circus or other similar place of public resort recreation or amusement.2. the court of appeal below thought that as the term 'cinema' is not in section 391, and inasmuch as the report of ..... v. prem lal mullick (1895) 22 cal 788. every act must be construed according to the plain meaning of its terms, and if the plain ..... act of 1918, the cinematograph show does not come within the provisions of section 391. it is urged on behalf of the appellant that the proceedings of the legislature cannot be referred to as legitimate aids to the construction of the act in which they result. see the case of administrator-general of bengal .....Tag this Judgment!
Court : Guwahati
..... of section 17 of the assam excise act, 1910 (east bengal and assam excise act of 1910), as amended, and in supersession of notification no. rex. 91/52/i 22, dated 30-1-1953, the governor of assam is pleased to prohibit the possession of liquor by any person in hotels, restaurants, tea-stalls, shops, places of public amusements including kitchens or in any room attached ..... of such establishment, or in any house or room used by the proprietor or an employee for personal purposes within the compound of a hotel, restaurant, tea-stall, shop or place or public amusements in the district of lakhimpur, sib-sagar, darrang, nowgong, kamrup, goalpara and cachar and also in snillong municipality excluding so much of the area as comprised within the autonomous ..... district of the united khasi and jaintia hills, unless such a place is covered by a license issued under the said act. possession of liquor is also prohibited in ferries and ferry ..... is violative of article 14 of the constitution.10. reliance was placed in support of this contention on the case of state of west bengal v. anwar ali sarkar : 1952crilj510 . particular reference was made to the following observations:it was suggested that the reply to this query is that the act itself being general and applicable to all persons and to all .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1951Cal167,55CWN675
..... offering worship at a temple, having access to a river, tank, water-tap or other watering places, or having access to or using any public conveyance, or using any building used for charitable or public purposes, or having access to a place of public amusement, or a shop, or any place set apart or maintained for the use of hindus generally or be prevented from enjoying any ..... however is not a matter which this court at this state is called upon to consider.15. for the reasons given i am satisfied that the impugned act-- the west bengal hindu social disabilities removal act, 1948--is not ultra vires the constitution & therefore the prosecution cannot be disposed of on that ground. i may add that the view we take of this ..... or leather worker. after recording the evidence of the complainant the sub-divisional officer issued process against the accused under section 8 read with section 3 (c), west bengal hindu social disabilities removal act, 1948. the case was eventually transferred to a magistrate for disposal & a date was fixed for taking evidence in the case. an application was made to the learned ..... parties & the constitutional point involved has been the subject-matter of argument before us.2. the constitutional point involved in this case is whether or not the west bengal hindu social disabilities removal act of 1949 is ultra vires the constitution of india.3. on 3-1-1951, one banamali das lodged a, complaint before the sub-divisional officer of suri against .....Tag this Judgment!
Court : Mumbai
Reported in : (1999)101BOMLR811
..... rules 33-w of the rules framed namely licensing and controlling places of public amusement (other than cinema) and performances for public amusement including melas and tamasha's, 1960 and rules for place of public entertainment licenses (hereinafter referred to as 'the rules') no prosecution could be lodged under prevention of gambling act as it cannot be said that video machines are instruments of ..... are concerned, the additional point raised was that no rules have been notified as required by law. the learned public prosecutor has produced the rules known as rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamasha's, 1960 made by the district magistrate, thane with the previous sanction of the ..... games by whatever name called, provided by the licensee in any premises, which is used or intended to be used as a place of public amusement and to which any member of the public has access.dudhat, j., found that the issue as to whether a licence has been obtained or not was irrelevant for the purpose of deciding the ..... government in exercise of the powers conferred by clauses (wm) (wa), (x) and (y) of sub-section (1) of section 33 of the bombay police act, 1951. similarly, .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(3)ALLMR494; 2001(4)BomCR550; (2001)3BOMLR180; [2001(89)FLR707]; (2001)ILLJ1499Bom; 2001(4)MhLj665
..... societies registration act, 1860 [xxi of 1860) and a charitable or other trust, whether registered or not, which carries on (whether for purposes of gain or not) any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or ..... have not referred as the facts in the present case are totally different from the facts of the each of the said judgments:-(i) karmani properties v. state of west bengal.(ii) rasheed maskati v. abbas hussaini.(iii) rasheed maskati v. abbas hussaini, (iv) chandraman upadhya v. rajasthan chs. (v) maharashtra general kamgar union v. anand kamal co-op. ..... union and the employees as submitted by shri jha, the learned advocate for the petitioner society, to approach the appropriate authority under section 91 of the m.c.s. act. 1960.6. the state government shall consider the issue of such employees of co-operative societies and amend the relevant statutory provisions suitably forthwith as there are innumerable such ..... rules and theact. it is a distinct legal entity from the members. it collects the maintenance charges, service charges, property and water charges payable to the municipal corporation. it acts as a statutory agent to collectively represent the members. it looks after the maintenance of the building and renders services such as collecting the prescribed charges from the individual members .....Tag this Judgment!
Court : Kolkata
Reported in : (1989)2CALLT222(HC)
..... if clause (i) does not apply.'6. it is also placed on record that the provisions of section 4 of west bengal entertainment-cum-amusement tax act, 1982 (west bengal act vi of 1982) empowers the government to levy and collect entertainment-cum-amusement tax on and from every holder of television set or sets ..... is thus apparent that in the year 1987 in exercise of power conferred by section 9 of the west bengal cinema (regulation) act, of 1954 amendments were made in the west bengal cinemas (regulation of public exhibition) rules, 1956. by the said amendment rule 2 after clause (1), clause 1(a) was ..... to the customers. with a view to provide extra attraction to the customers, the writ petitioners in their respective places of business, maintained television sets with video and public shows of films are held without asking any separate and/or extra fees or by selling tickets for such video ..... with regular cinema shows exhibited in cinema halls but from all practical points of view, there cannot be any comparison between a video show in public places of eating and in cinema houses.20. while considering the present case, this court finds that in the case of pannalal bajraj v. ..... of video shows will be required to obtain licence from licencing authorities/district magistrates in the districts and the commissioner of police in calcutta for public exhibition. there was further indication that for holding video shows in the coffee shops, restaurants, bars restaurant, buses etc., the organizers will .....Tag this Judgment!