Court : Andhra Pradesh
Reported in : 2003(1)ALD99; 2003(2)ALT707; 2003CriLJ1360
..... the matters viz., (i) the keeping of a place of publicamusement or place public entertainment, (ii) the playing of music in public streets or public places, (ii-a) the using of a loudspeaker in any public place or places of public entertainment ...... and where it islikely to cause inconvenience, delay, danger, or damage to the residents or the persons passing in the vicinity prohibiting the aforesaid matters. under clause (g) the ..... including cancellation of licence for such activity. under sub-section (3) of section 21 of the act, it shall always be lawful for the commissioner of city police, to refuse licence for or to prohibit the establishment of a place of public amusement or a place of public entertainment by a notorious scoundrel or a bad character. as long as the performance by male and ..... right of a citizen to carry on business wherever he chooses. (see payare lal v. new delhi municipal committee, : 3scr747 , and ib. ibrahim v. rta, tanjore (supra)). therefore, it is for the petitioner to show that the restaurant is placed in a fit place and is entitled to be granted licence in accordance with g.o. ms. no. 156. it ..... air 1951 sc 318, a constitution bench of the apex court held that a total prohibition on potable liquor would be reasonable. in i.e. ibrahim v. regional transport authority, tail/ore, : 4scr290 , the constitution bench of the supreme court held that the restrictions placed upon the use of the bus-stand for the purpose of picking up or getting down .....Tag this Judgment!
Court : Chennai
Reported in : (2005)3MLJ497
..... check up with the theatres, in which the film new' is screened, whether the uncensored obscene scenes are screened and whether the publicity materials, which are prohibited, have been published through the advertisements. srinivasaa entertainments, on noticing the advertisements in tamil dailies about the film 'new', which contained an uncensored obscene visual, showing a man resting his face over the exposed breast of ..... reply, it is the contention of the learned counsel for the third respondent that though the character is a smoker, as per the guidelines of respondents 1 and 2, the act of smoking is not shown in the visuals.(f) this is not factually correct. when we saw the movie, which was screened for us we saw the scene, wherein the girl ..... , the judge should try to understand what is it that the author seeks to convey and what the author conveys has any literary and artistic value. the judge should thereafter place himself in the position of a viewer and should try to appreciate what kind of possible influence or impact: the film is likely to cause in the minds of the ..... is for issuance of a writ of mandamus, directing the government of india, ministry of information and broadcasting, new delhi, first respondent herein, and the central board of film certification, sastri bhavan, chennai, second respondent herein, to revoke the censor certificate for public exhibition, issued to the tamil feature film 'new', produced by s. annai mari madha creations, the third respondent herein .....Tag this Judgment!
Court : Supreme Court of India
..... magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this act, for,-- clause (w) (w) (i) licensing or controlling places of public amusement or entertainment; (ii) prohibiting the keeping of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity ..... in the restaurants were lost due to lapses in ensuring compliance of safety measures. yet another incident of the similar nature occurred few 45 years before in upahar theater in delhi where several innocent people lost their life due to non-observance of safety measures.67) when such incidents occur, they never obliterate from the memories of the citizen and leave ..... . municipal board of aligarh & ors. (1982) 1 scc484 andhra industrial works, a.p. vs. chief controller of imports & ors., air1974sc1539 dr. ram manohar lohia vs. state of bihar & anr. air1966sc740 delhi cloth & general mills co. ltd. etc. vs. u.o.i. etc., (1983) 4 scc166 illachi devi(d) by l.rs. & ors. vs. jain society, protection of orphans india & ors., (2003 ..... consideration these observations.85) in view of foregoing discussion and subject to aforementioned directions, the appeal fails and is accordingly dismissed. ...................................j.[r.k. agrawal]. ... ..................................j.[abhay manohar sapre]. new delhi; january 25, 2018 53 .....Tag this Judgment!
Court : Delhi
Reported in : 19(1981)DLT210; ILR1982Delhi339
..... p. c. according to that section, 'whoever to the annoyance of others (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term a which may extend to three months, ..... he shall be deemed to have given his consent. even assuming that such a hotel where any person can bay tickets of seats is considered to be a public place, it cannot beheld that the obscenity and annoyance which are.punishable under s. 1. 294 i. p. c. are caused miou the eonserit, express or ..... such shows equate them, perhaps rightly, with pornography, and feel annoyed and disturbed at the level of entertainment made accessible so openly. cabarets are shown all over the world and they have also gyrated to delhi and unless there is a special legislation to ban them, it will be a misuse of s. 294 ..... under s. 294, i. p. c., can be said to have been committed to the annoyance of the public, if the public or a section thereof objects. in loyce zee (supra), the dancers entered smoking on the heads of the customers, danced for some time and then invited, them to remove their clothes fill they ..... acts show that what happened in bombay was far worse than what took place in naraina. and yet the high court of bombay held that no offence under s. 294 was made out. the learned judge observed that if the state wants to prohibit such cabaret, shows as wrongful exploitation of sex or as .....Tag this Judgment!
Court : Delhi
Reported in : AIR2009Delhi58
..... sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;(15) the control and supervision of places where dangerous or offensive trades are carried on so to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to ..... by measure, weight; piece or any other method;(18) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;(19) the regulation of smoke in factories workshops and trade premises;(20) the regulation of sanitary conditions in factories, workshops, and trade premises;(21) the regulation of the use in any factory, workshop ..... in buildings newly erected requiring ten or more latrines;(5) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;(6) the seizure of ownerless animals straying within the limits of delhi and the regulation and control of pounds;(7) the fixing and regulation of ..... 43 outlines discretionary functions. none of the obligatory provisions make reference to parking; section 43(w) contains some reference to parking. the other relevant provisions of the act are extracted below:special funds108. constitution of special funds(1) the corporation shall constitute such special fund or funds as may be prescribed by regulations and such other .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC182; (1976)3SCC219; 2SCR690
..... of jewellery, perfume and tobacco'. it has further been said:in the 19th and 20th centuries increased taxes have been placed on private expenditure upon alcohol, tobacco, entertainment and automobiles. such expenditure is superfluous in the sense that a large part of it may be said to be ..... of kerala promulgated ordinance no. i of 1963, which was later, replaced by kerala. luxury tax on tobacco (validation) act of 1964 (act 9 of 1964). this act received the assent of the president on march 3, 1964. original petition no. 1268 of 1963 was thereupon amended with a ..... erstwhile cochin state. in 1909 cochin tobacco act (act 7 of 1084 m. e.) was enacted by the maharaja of cochin. section 4 of that act prohibited the transport, import or export, sale and cultivation of tobacco, except as permitted by the act and the rules framed thereunder. in pursuance ..... legislature did not have legislative competence to deal with the topics covered by it, in that event even parliament cannot validate such an act, because the effect of such attempted validation, in substance, would be to confer legislative competence on the state legislature in regard to a ..... smoke of the pit that is bottomless.the taxation of the objects or procedures of luxurious consumption has aimed at two purposes, on the sur face contradictory: the suppressing or limiting of this consumption and the deriving of a public income from it. on closer inspection a good deal of this contradiction vanishes, when it is seen that prohibition .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1976)5CTR(SC)0126C
..... examples are taxes levied on the purchase of jewellery, perfume and tobacco'. it has further been said :in the 19th and 20th centuries increased taxes have been placed on private expenditure upon alcohol, tobacco, entertainment and automobiles. such expenditure is superfluous in the sense that a large part of it may be said to be in excess of what is required for ..... has aimed at two purposes, on the surface contradictory : the suppressing or limiting of this consumption and the deriving of a public income from it. on closer inspection a good deal of this contradiction vanishes, when it is seen that prohibition and taxation of luxury lend equally to fix certain levels and standards of living, as against economic and social progress, which ..... above petition on december 16, 1963 the governor of kerala promulgated ordinance no. 1 of 1963 which was later replaced by kerala luxury tax on tobacco (validation) act of 1964 (act 9 of 1964). this act received the assent of the president on march 3, 1964. original petition no. 1268 of 1963 was thereupon amended with a view to challenge the validity of ..... , helish, devilish, and damned tobacco, the ruin and overthrow of body and soul.'another indictment is from james i of england (counterblast to tobacco) when it is said :'a custom (smoking) loathsome to the eye, harmful to the brain, dangerous to the lungs, and in the black stinking fume thereof, neatest resembling the horrible stygian .....Tag this Judgment!
Court : Delhi
Reported in : 1983CriLJ787
..... - 'licensing controlling or in order to prevent obstruction, inconvenience, annoyance risk, danger or damage to the residents or passengers in the vicinity, prohibiting - ... ... ... ... ... ... ... ... ... ... (iii) the using of a loudspeaker in or near any public place or in any place of public entertainment;' there is another sub-section, namely, sub-section (o) of section (1) which also must be noted. the section reads :- ..... directions were issued in exercise of the powers conferred by the delhi police act and regulations in that regard. these regulations are called union territory of delhi loudspeakers (licensing and controlling) regulations, 1980. the respondents further submit that there is no prohibition on the band being played on the public streets. there is no fundamental right in the petitioners to ..... be remembered that we are not examining the requirements of s. 23 of the general clauses act independently. a reference to section 23 of the general clauses act in section 28(3) of the delhi police act and the said requirement of publication of the proposed draft regulation has been incorporated by the well known legislative practice of legislating by ..... to cause any obstruction, inconvenience or nuisance to traffic on the roads. as for the legal submissions, it is contended that section 28(1)(b) of the delhi police act, 1978, is ultra virus as it gives unguided arbitrary powers to police authorities to prevent the use of loudspeakers. it is also urged that the said section .....Tag this Judgment!
Court : US Supreme Court
..... for passenger's fare, including flight frequency and timing, liability limits, reservation and boarding practices, insurance, smoking rules, meal service, entertainment, bonding and corporate financing .... " id., at 9950-9951. see also freeman, state regulation of airlines and the airline deregulation act of 1978,44 j. air l. & com. 747, 766767 (1979). because congress did not eliminate ..... of the nation is one favoring competitive markets in which individual entrepreneurs are free to make their own decisions concerning price and output. since 1890 the sherman act's prohibition of collusive restrictions on production and pricing have been the central legislative expression of that policy. national soc. of professional engineers v. united states, 435 u ..... written, graphic or pictorial statement made in the course of solicitation of business. advertisement includes, without limitation, any statement or representation made in a newspaper, magazine or other public publication, or contained in any notice, sign, billboard, poster, display, circular, pamphlet, or letter (collectively called "print advertisements"), or on radio or television ("broadcast commercials"). comment ..... zero for the most popular flights, because the possibility that a consumer can purchase a seat at the advertised price exists at the time the advertisement is placed. the complexity of the airlines' system cannot justify the unfairness of such an approach. no other retailer would be allowed to justify a failure to .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... the main act was amended or by the amendment of 1953. the power, therefore, to regulate and license, places of public entertainment or amusement of artists working therein was never doubted and this could not have been doubted considering entry 33 of list ii and entries 1 and of list ii. if there be a power to legislate and impose restrictions, the power to prohibit such ..... committee and ors. : 3scr1038 the issue involved was hawking in a public place. it is in that context that the apex court held that the right to hawk is a fundamental right, yet the hawker could not ..... the petitioners have sought, is to direct the respondent no. 8, the commissioner of police to hand over the case papers of investigation to the central bureau of investigation, new delhi which is the respondent no. 7 with a further direction to register offence against shri r.r.patil, shri vilas satam and shri paresh patil and to carry out further ..... has been prohibited was to stop the exploitation of women and to prevent dances which are immoral and derogatory to woman. in other words the need to impose the restriction was on account of a particular type of dancing, which resulted in exploitation of women dancers as the dances performed were invariably immoral. in sodan singh and ors. v. new delhi municipal .....Tag this Judgment!