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1993 Supreme(SC) 568

P.B.SAWANT, S.C.AGRAWAL
Shankar Video: Shabbir Shamsuddin Shaikh – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, M.KARANJAVALA, P.K.MULLICK, RAIAN KARANJAVALA, RAJESH SHARMA, Rajkumari Kashyap, S.D.Mudaliar, S.K.DHOLAKIA, S.M.JADHAV, V.A.BOBDE, V.M.TARKUNDE

JUDGMENT

S. C. AGRAWAL, J.:—Leave granted.

2. We have heard learned counsel for the parties.

3. These appeals raise the question whether the place wherein an exhibition of cinematograph films recorded on a video cassette is given on a large screen by the technology of video cassette recorder/player (VCR/VCP) and Video Projector can be regarded a "video cinema" as defined in Rule 2(f-6) of the Maharashtra Cinemas (Regulation) Rules, 1966 (hereinafter referred to as the Rules).

4. The Cinematograph Act, 1952 has been enacted by Parliament to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematograph. The expression "cinematograph" is defined in Section 2(c) of the said Act to include any apparatus for the representation of moving pictures or series of pictures. The Bombay Cinemas (Regulation) Act, 1953, hereinafter referred to as the Act, has been enacted by the legislature of the erstwhile State of Bombay to provide for regulating exhibitions by means of cinematographs and the licensing of places in which cinematograph films are exhibited in the State of Maharashtra. The expression "cinematograph" is defined in Se











































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