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1954 Supreme(SC) 122

S. R. DASS, B. K. MUKHERJEE, GHULAM HASAN, M. C. MAHAJAN, VIVIAN BOSE
R. M. Seshadri – Appellant
Versus
Dist. Magistrate, Tanjore – Respondent


Advocates:
C.K.DAFTARY, P.A.Mehta, P.G.COKHALE, P.G.GOKHALE, R.Ganapathy Iyer, S.SIVA SUBRAMANIAM

Judgment

GHULAM HASAN, J.: The appellant is the owner of a permanent cinema theatre called Sri Brahannayaki in Tiruthuraipundi, Tanjore District, and held a licence from the District Magistrate, Tanjore, in respect of the same with effect from September 5, 1950 to September 4, 1951. The licence is granted for one year at a time and is renewable from year to year. He objected to certain conditions in the licence imposed by the District Magistrate, Tanjore, in pursuance of 2 notifications (G. O. Mis. 1054, Home, dated 28th March, 1948, and G. O. Mis 3422, dated 15th September, 1948) issued by the State of Madras purporting to act in exercise of powers conferred by Section 8 of the Cinematograph Act of 1918. The impugned conditions may conveniently be set out here :

"4(a) the licensee shall exhibit at each performance one or more approved films of such length and for such lengths of time, as the Provincial Government or the Central Government, may, by general or special order, direct.

(b) The licensee shall comply with such directions as the Provincial Government may by general or special order give as to the manner in which approved films shall be exhibited in the course of any performa












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