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1988 Supreme(SC) 7

E.S.VENKATARAMIAH, K.N.SINGH
Minerva Talkies, Bangalore: Kalpana Talkies: Sagar Talkies: B. C. Parthasarathi: Gopal Films: Rajarajeshwari Talkies: Royal Picture Palace: Naaz Theatres: Jayaraj, Partner, Theatre Majestic – Appellant
Versus
State of Karnataka – Respondent


Advocates:
A.K.SEN GUPTA, B.KRISHNA PRASAD, B.R.L.Iyengar, C.K.Suchitra, K.R.NAGARAJA, M.RANGASVVAMY, M.VIRAPPA, MALINI PODVAL, N.D.B.RAJU, Navin Singh, PADMANABHA MAHALE, R.B.DATAR

Judgement

SINGH,J.:- These appeals and writ petitions involve two questions of law; (i) whether Rule 41 A of the Karnataka Cinemas (Regulations) Rules (hereinafter referred to as the Rules) framed by the State Government under Section 19 of the Karnataka Cinemas Regulations Act of 1964 (Karnataka Act 23 of 1964) (hereinafter referred to as the Act) has been made "for purposes of the Act", and (ii) whether Rule 41A places unreasonable restrictions on the appellants right to carry on their business of exhibiting cinematograph films in violation of Article 19(1)(g) of the Constitution.

2. The appellants/petitioners hold licences for exhibiting cinematograph films in their cinema theatres under the Act and the Rules in form F prescribed by the Rules. The Rules and conditions contained in the Licence (Form F) do not prescribe any restriction on the number of shows of films which a licensee can exhibit in his theatre. Condition No. 11 of the licence, however, provides that : "No cinematograph exhibition shall continue after such time not later than 1.00 a.m.". Normally, the cinema owners were holding four shows but later on, they increased it to five shows in a day starting from 10 a.m. to

























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