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1994 Supreme(SC) 1307

K.S.PARIPOORNAN, M.N.VENKATACHALIAH
South Indian Film Chamber Of Commerce, Madras – Appellant
Versus
Entertaining Enterprises, Madras – Respondent


Advocates:
JOSEPH PUKKATT, K.V.VENKATARAMAN, RAJU RAMACHANDRAN

JUDGMENT

M.N.VENKATACHALIAH, J.

(1) ON a certificate granted by the High Court of Judicature at Madras in respect of its common judgment dated 21/6/1984 rendered in Writ Petition No. 1587 of 1984 and connected matters, the present appeals are filed assailing the sustainability of that judgment insofar as it relates to the striking down of Section 9(2 of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984 - "the Act" requiring every person keeping a Video Library licensed under the Act, possessing cinematograph films, to produce in respect of each film whenever demanded by the officer concerned of government a letter of consent got from the first owner of the copyright of such film under the Copyright Act, 1957 or its assignee thereunder, as that enacted by the Tamil Nadu State Legislature - "the State Legislature", without being possessed of the required legislative competence and of Section 10(2 of the Act requiring every person keeping Video Library licensed under the Act not to sell, let to hire, distribute, exchange or put into circulation a cinematograph film which is not certified by the authority under

























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