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1991 Supreme(Guj) 163

B.C.PATEL, G.T.NANAVATI
JUNAGADH CINEMA ASSOCIATION – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.SHASTRI, ANANT S.DAVE, AVINASH R.THAKKAR, BHARAT B.NAIK, C.H.Vora, D.F.Amin, D.M.THAKKAR, D.P.SHAH, D.R.BHATT, G.M.JOSHI, G.R.UDHAVANI, H.L.PATEL, H.R.LATHIGARA, J.M.PANCHAL, JAYANT PATEL, JIVANLAL G.SHAH, K.G.VAKHARIA, KETAN DAVE, M.B.FARUQI, M.C.THAKKAR, M.R.SHAH, MANOJ N.POPAT, MAYA BHAVNANI, MEHUL SHARAD SHAH, MUKESH R.PATEL, NILESH PANDYA, P.G.DESAI, P.H.Pathak, P.M.RAVAL, P.M.THAKKAR, P.P.JASANI, R.K.MISHRA, R.N.SHAH, R.R.MARSHAL, RAMESH K.SHAH, REKHA C.TRIVEDI, S.H.SANJANWALA, S.M.DESAI, S.M.SOPARKAR, S.R.SHAH, SANJAY M.DOSHI, V.N.BHAGODIA, VIJAY H.PATEL

G. T. NANAVATI, J.

( 1 ) THE petitioners in these petitions except two (Special Civil Application No. 1403 of 1987 and 5719 filed by Junagadh Cinema Association and Taj Talkies respectively are either individuals associations or clubs who have established what is popularly known as Video Cable Network. They have filed these petitions as concerned authorities have either searched their premises and seized their VCRs Disc Antennas and other materials connected with their Video Cable Network or threatened to search their premises and seize such materials on the ground that by establishing maintaining and working such Video Cable Network without ap- propriate licences they are committing breaches of the provisions of the Indian Telegraph Act 1885 (Telegraph Act for short) Indian Wireless Telegraphy Act 1933 (Wireless Act for short) and Bombay Cinema (Regulation) Act 1953 and also on the ground that by not paying entertainment duty payable under the Gujarat Entertainment Tax Act 1977 they are committing breach of the provisions of the said Act also.

( 2 ) THE case of the petitioners is that they do not require any licence under any of those Acts nor are they under an obligation to pay an


















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