Court : Punjab and Haryana
Reported in : (1998)118PLR287
g.s. singhvi, j.1. a temporary licence was issued by the district magistrate, kapurthala in favour of the petitioner/appellant under section 5 of the punjab cinemas (regulation) act, 1952 (hereinafter referred to as 'the act') for running a video parlour at loha mandi road, phagwara, district kapurthala. however, just after two months, the competent authority suspended the licence granted to ..... the petitioner/appellant primarily on the ground that the licence had been issued in violation of rule 19(a)(i) of the punjab cinemas (regulation) rules, 1952 (for short, 'the ..... rules'). the petitioner/appellant unsuccessfully appealed against the order dated 8.9.1987 passed by the district magistrate. the additional chief secretary, punjab dismissed the appeal by holding that violation of the principles of natural justice by the ..... or an orphanage containing one hundred or more inmates. the radius of 60/200 meters is required to be measured from the exit of the auditorium of the cinema building. the idea behind incorporation of these restrictions is to prevent nuisance near the places of worship, cremation ground, graveyard etc. therefore, the district magistrate was perfectly .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2009)20VST664(P& H)
..... civil writ petition no. 1919 of 2003, facts are being taken from the said petition.2. petitioner is running a cinema hall at amritsar known as 'nandan theatre'. it was granted the necessary licence under section 5 of the punjab cinemas (regulation) act, 1952 (for short, 'the 1952 act') by the district magistrate, amritsar on april 17, 1975. the licence is subject to several conditions mentioned in the ..... schedule of conditions in the licence itself. in the schedule of conditions, the seating capacity of the cinema hall has also been prescribed and a bar has been imposed ..... against admission of persons, in excess of the number so specified. a copy of the said licence has been attached as annexure p/1 with the writ petition.3. petitioner is liable to pay entertainment tax, commonly known as show tax under the punjab entertainment tax (cinematographic shows) act, 1954 .....Tag this Judgment!
Court : Punjab and Haryana
..... that reason the fire department would not clear the construction and the district magistrate would not approve the building plan as it did not meet the requirements of punjab cinema regulation act, 1952 (hereinafter referred to as 'cinema act') and rules framed thereunder. in the written statement, filed on behalf of the respondents, it has virender singh adhikari 2013.10.04 09:12 i ..... the appellate or the revisional authority, and, therefore, this contention cannot be taken cognizance of. even otherwise, case of the petitioner throughout has been that owners of anand cinema (cinema site no.1) had erected some hutments over the site in question and for that reason its possession could not be delivered to the petitioner. however, a perusal of ..... unfortunately it was never done. the learned senior counsel has further argued that all through the petitioner has been persistently agitating that the actual physical possession of the auctioned cinema site had not been delivered to it because of the fact that the site in question continued to be under the occupation of m/s anand theater, chandigarh, who ..... record. learned senior counsel representing the petitioner has taken us through various representations addressed by it to the respondents and a number of inter-departmental communications to impress that the cinema site no.2, sector 17-a, chandigarh, was auctioned for seating capacity of 1375 seats with restaurant, cafeteria, shopping complex, parking, foyer and ancillary services on 16. .....Tag this Judgment!
Court : Punjab and Haryana
..... that reason the fire department would not clear the construction and the district magistrate did not approve the building plan as it did not meet the requirements of punjab cinema regulation act, 1952 (hereinafter referred to as 'cinema act') and rules framed there-under. respondents in the writ petition contested applicant s claim by stating in the written reply that the applicant did not deposit the installments ..... ) was to the following effect:- seating capacity of a maximum of 1375 seat is allowed subject tot the provision of adequate space for gangways and other services as per cinema to graph act. . virendra singh adhikari 2014.05.22 17:49 i attest to the accuracy and integrity of this document high court chandigarh r.a.no.298 of 2014 -8- from ..... before either the appellate or the revisional authority, and, therefore, this contention cannot be taken cognizance of. even otherwise, case of the applicant throughout has been that owners of anand cinema (cinema site no.1) had erected some hutments over the site in question and for that reason its possession could not be delivered to the applicant. however, a perusal of record ..... and the respondents had failed to revalidate the plans to bring the seating capacity to 1375 seats.; and that the site in question being adjoining to the site of anand cinema the requisite space of 40 feet between the two buildings being not available, the fire department of union territory of chandigarh, had raised an objection to raising of the building .....Tag this Judgment!
Court : Supreme Court of India
..... court referred to the power of licensing and regulation under the said act as follows: 5. witnessing a ..... 36 of the said act is under challenge, it must first be stressed that a restrictive meaning cannot be given to the words regulation or regulate , as otherwise the very object of the act would be stultified. in 52 deepak theater v. state of punjab, 1992 supp (1) scc684 a case which related to the punjab cinemas (regulation) act, 1952 and rules, this ..... network configuration. 5.6. the applicant company shall provide satellite tv channel signal reception decoders only to mso/cable operators registered under the cable television networks (regulation) act 1995 or to a dth operator registered under the dth guidelines issued by government of india or to an internet protocol television (iptv) service provider duly permitted ..... motion picture has become an amusement to every person; a reliever to the weary and fatigued; a reveller to the pleasure seeker; an imparter of education and enlightenment enlivening to news and current events; disseminator of scientific knowledge; perpetuator of cultural and spiritual heritage, to the teeming illiterate majority of population. thus, cinemas .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1997)LC174Tri(Delhi)
..... and therefore, the citation is clearly distinguishable. likewise, the judgment rendered in the case of laxmi video theatre and ors. is also in the context of punjab cinema regulation act, 1952 which regulates the activity of cinematography.the judgment of madras high court rendered in the case of super recording company pvt. ltd. v. government of india, as reported in 1992 ..... circulation in any manner whatsoever of video films recorded on video cassette tape, is required by section 9(2) of the act and the t. n. exhibition of films on television screen through video cassette recorders (regulation) act, 1984. this judgment has been rendered in the context of the specific requirement for registering such an activity under the said ..... recording of a film brings into existence a distinct commodity in the market and the activity is akin to producing cinema using cinematographic equipment.the production and exhibition is regulated by the cinematographic act and the corresponding state laws relating to cinema and video. relying on the judgment rendered in the case of south indian film chamber of commerce, madras v. ..... enterprising enterprises as reported in 1995 (2) scc 462. he argued that the term video film' would come under the expression 'cinema' in entry 33 .....Tag this Judgment!
Court : Delhi
Reported in : AIR1984Delhi162; 2003(5)DRJ103
..... that the delhi administration had no right to control the rates of admission. subsequently, .the central government extended the provision of the punjab cinema regulation act, 1952 as in force in the state of haryana, to the union territory of delhi regarding fixation of the cinema rates and its approval by the licensing authority, delhi. writ petitions were modified challenging the action of the government. golcha ..... for the continuous running of a picture is negotiated between the distributor of the picture and the exhibitor, the basic guiding factor is the weekly full house capacity of the cinema and that accordingly the weekly theatre hire and the minimum hold over figure are liable to be increased or reduced. although it has been pleaded by the plaintiff that there ..... for 19th april, 1983 and ex parte injunction was issued restraining the defendant from in any manner interrupting or interfering with the continuous screening of the picture 'nikaah' at golcha cinema, delhi till the box office collections of the picture cover the minimum hold over figure of rs. 58,186.43 per week. the defendant was served and it filed an ..... may, 1982. the plaintiffs also filed an application (i.a. no. 1255 of 1983) under section 41 of the arbitration act for an injunction restraining the defendant from interrupting or interfering with the continuous screening of the picture 'nikaah' at golcha cinema till it collects a minimum sum of rs. 58,186.43 per week and to continue its running on payment .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1996)113PLR568
..... theatre under the name and style of messrs rohtak raj talkies (p) limited, rohtak, they were granted a licence under section 5 of the punjab cinemas regulation act, 1952, in 1959, and the said licence is stated to be operative. on 8.6.1980 and 11.6.1980 the inspectors of the respondent-authorities ..... exercising their powers under the provisions of the punjab entertainment duty act inspected the said cinema hall and their records and on checking found certain irregularities and evasion of rs. 24.75 and rs. 221.25. this ..... this cannot be termed as an order passed on only best judgment assessment which will require the backing of a specific statutory provision in an act. this is a proper and reasonable determination and would not be hit by the doctrine of excessive determination and vitiate the orders passed by ..... rules which reads as under:'assessment'17. assessment .. (1) when it appears to the officer authorized by government under section 13(1) of the act that an assessment or payment for admission in cases of free concessions, surreptitious or unauthorised entries should be made, he shall serve upon the proprietor, ..... provisions of the companies act, 1956. smt. jagjit kaur has filed the present writ petition as managing director of the company assailing the orders passed by the respondent-authorities dated 16.1.1981 and the appellate order dated 14.10.1981 made under rule 17 of the punjab entertainment duty rules, .....Tag this Judgment!
Court : Mumbai
Reported in : 1998(1)BomCR437; 1998(1)MhLj333
..... to shri dhorde.30. shri dhorde further relied on a decision reported in : air1992sc1519 , in the matter of deepak theater, dhuri v. state of punjab and others. it is a matter decided under the provisions of the punjab cinemas (regulation) act, 1952 and the rules framed thereunder. while dealing with this matter, their lordships of the supreme court, dealt with the provisions of section 5 of ..... the act r/w rule 4 thereunder and the condition 4-a of the licence observing that the same were of regulatory measure and it was ..... the 'rules' for the purposes of brevity) specifically makes it clear that, a retail licensee shall abide by the conditions of his license and the provisions of the act and the rules, the regulations and the orders made thereunder. a specific form of undertaking is given by way of form c.l. xx. in the instant case, shri dhorde, pointed out that ..... . 2 would get himself deleted from the partnership and would be held responsible for the consequences thereof. no doubt, the usual undertaking as regards abiding by the rules and regulations of the prohibition act, orders and conditions of the license was also given by said pradeep - the respondent no. 2.6. after rejection by the collector by order dated 6th february, 1982 .....Tag this Judgment!
Court : Delhi
Reported in : 60(1995)DLT214; 1995(35)DRJ218
..... the principles of interpretation which are applicable in case of ambiguity. (11) reliance is also placed on state of punjab vs . hari kishan sharma, : 2scr982 . in the said case, the provisions of punjab cinemas (regulation) act 1952 came up for consideration. in section 5(1) read with section 5(2), the power to give licenses was ..... out by the government of india may be in consultation with the special committee constituted by the council is not valid inasmuch as the council could act only in the manner provided in the statute and as it did not do so, the impugned restructuring of the cadre is without jurisdiction and is ..... of the council of the i.i.t. given to it under section 33(2)(b) of the act. (15) another judgment to which reference has been made is a.k.roy vs . state of punjab, : 1986crilj2037 where well-known principle of law has been reiterated by the supreme court that where a ..... duty. (9) the learned counsel for the petitioner has placed reliance on commissioner of police, bombay v. gordhandas bhanji, 1952 supreme court reports 135. in this case, the provisions of bombay police act came up for consideration. the question was whether the commissioner, who was authorised for passing the cancellation of a license, ..... the other hand, is that it was the government of india which was to provide the funds as is evident from section 21 of the act and the government had proposed some restructuring of the cadre which was duly considered by the council for the i.i.t. in its meeting .....Tag this Judgment!