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1984 Supreme(Pat) 338

S.S.SANDHAWALIA, S.ALI AHMAD
Hotel Mangalam – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: M/s Balbhadra Prasad Singh, B. P. Rajgarhia, Pawan Kumar, N. K. Agrawal, Nawal Kishore Sharma, Nalini Kant Prasad Singh, Bankey Singh and Yugal Kishore.
For the respondents: Mr. Ram Balak Mahto, (Addl. A. G.) with Mr. Mahesh Prasad No. III, J. C. to Addl. A. G. in C. W. J. C. Nos. 13 and 511 of 1984.
Mr. Ramanand Kumar, S. C. II, with Mr. Satish Chandra Jha, J. C. to S.C. II, in C.W.J.C. No. 2914 of 1984.
Mr. K. N. Keshav, G. P. No.4, with Mr. Gopal Krishna Prasad, J. C. in C. W. J. C. Nos. 3004 and 3003 of 1984.
Mr. Kamlapati Singh, G. P. No.5 with Mr. Ishwari Singh, J. C. in C.W.J.C. No. 4861 of 1983.

JUDGMENT :

S. S. Sandhawalia, C. J. - Would the exhibition of films through a Video Cassette RecORDER :on a television screen come within the ambit of the definition of 'cinematograph' under section 2 (b) of the Bihar Cinemas (Regulation) Act, 1954 and is consequently subject to the licensing provisions of sections 3, 4 and 5 thereof is the focal point in this set of nine connected writ cases.

2. Admittedly the common matrix of facts may be noticed with relative brevity from Hotel Mangalam v. State of Bihar and others (C.W.J.C. No. 13 of 1984). The petitioner is operating a hotel-cum-restaurant in the name and style of Hotel Mangalam in which he has installed a Video Cassette RecORDER :(hereinafter referred to as "V.C.R.") for the entertainment of his customers and it is averred that this is done without charging anything specifically therefor. However, somewhat suddenly the officer-in-charge of the police station having jurisdiction over the area came to the hotel premises and directed its proprietor to stop the exhibition of films through the V. C. R. failing which stringent legal action would be initiated against him. On further enquiry it transpired that the Sub-divisional Office























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