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1993 Supreme(SC) 569

S.C.AGRAWAL, P.B.SAWANT
Laxmi Video Theaterss – Appellant
Versus
State Of Haryanas – Respondent


Advocates:
A.P.S.Chauhan, A.S.BHASME, A.S.PUNDIR, K.K.GUPTA, RUPENDRA SINGH, S.K.DHOLAKIA, S.M.JADHAV

JUDGMENT

S. C. AGRAWAL, J.:—Leave granted.

2. Heard learned counsel for the parties.

3. These appeals raise for consideration the question whether a video parlour wherein a pre-recorded cassette of a cinematograph film is exhibited through the medium of video cassette recorder (VCR) / video cassette player (VCP) falls within the ambit of the definition of cinematograph contained in the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952 (hereinafter referred to as the Act).

4. The appellants have been running video parlours in the State of Haryana wherein pictures are exhibited through the medium of VCRs. They have not obtained any licence for such exhibition of pictures under the provisions of the Act and the Punjab Cinemas (Regulation) Rules, 1952 (hereinafter referred to as the Rules) as applicable in the State of Haryana. As they were required to obtain the necessary licence under the Act and the Rules, they moved the High Court of Punjab and Haryana for an appropriate writ declaring that they are not required to obtain such licence. The case of the appellants was that the VCR used for the purpose of playing a pre-recorded video cassette does not constitute cinem












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