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1991 Supreme(SC) 700

K.RAMASWAMY, M.FATHIMA BEEVI, YOGESHWAR DAYAL
Deepak Theatre, Dhuri – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.K.GOHIL, G.K.BANSAL

JUDGMENT

K. RAMASWAMY, J.:- The appellant has been exhibiting cinematograph films at Dhuri, on a licence having been granted by the District Magistrate, Sangrur, the 2nd respondent, under S. 5 of the Punjab Cinemas (Regulation) Act, 1952, for short the Act and the Rules. By proceeding dated February 26, 1975 the 2nd respondent classified the seats for admission into four classes and fixed the rates of admission to the respective classes. The appellant impugned as ultra vires of the power of licensing authority in this behalf and also contended that it offends its right to carry on the business under Art. 19(1)(g) of the Constitution. It equally questioned R. 4 of the Punjab Cinemas Rules and condition 4A of . the condition of the licence on that score. The learned single Judge declared the action to be ultra vires of the power and offends Art. 19(1)(g). On appeal in L.P.A. No. 913/80 dated April 3, 1981 (reported in AIR 1981 Punj & Har 230) the Division Bench reversed the judgment and upheld the power of the licensing authority. It also held that the regulation does not offend the right under Art. 19(1)(g) of the Constitution. This appeal arises on leave under Art. 136 of the Consti

































































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