rule 4 1 a is as under 41 a. number of shows permissible in a day no licensee shall exhibit more than four cinematograph shows in a day.
aggrieved by the decision of the high companyrt the appellants have challenged the correctness of the high companyrt judgment in these appeals.
a division bench of the high companyrt heard the parties at length but there was difference of opinion between the two learned judges companystituting the bench of the high companyrt.
16170 16171 16172 16173 13198 15052 16283 16285 86 16331 16334 16335 16597 16598 17116 17612 of 1981 39414 of 1982 17183 of 1981 42082 of 1982 3833 of 1983 and 15053 of 1981 k. sen.
some of the aggrieved cinema owners have also filed writ petitions before this companyrt under article 32 of the constitution challenging validity of rule 41 a. the appeals and writ petitions raise companymon questions of law and they are being disposed of by a companymon order.
the judgment of the companyrt was delivered by singh j. these appeals and writ petitions involve two questions of law i whether rule 41 a of the karnataka cinemas regulations rules hereinafter referred to as the rules framed by the state government under section 19 of the karnataka cinemas regulations act of 1964 karnataka act 23 of 1964 hereinafter referred to as the act has been made for purposes of the act and ii whether rule 41 a places unreasonable restrictions on the appellants right to carry on their business of exhibiting cinematograph films in violation of article 19 1 g of the companystitution.
54 to 73a of 1985 etc.
the appellants challenged validity of the aforesaid rule placing restriction on their right to exhibit cinematograph films before the high companyrt of karnataka by means of writ petitions under article 226 of the companystitution.
in pursuance of rule 41 a the appellants were directed to exhibit cinematograph films for four shows only in a day.
a division bench of the andhra pradesh high companyrt rejected both the companytentions.
raju m. rangaswamy k.r.
civil appellate jurisdiction civil appeal number.
datar for the appellants.
from the judgment and order dated 9.10.1984 of the karnataka high companyrt in w.p.
number.
companydition number 11 of the licence however provides that numbercinematograph exhibition shall companytinue after such time number later than 1.00 a.m. numbermally the cinema owners were holding four shows but later on they increased it to five shows in a day starting from 10 a.m. to 12 numbern 12 numbern to 3 p.m. 3 p.m. to 6 p.m. 6 p.m. to 9 p.m. 9 p.m. to 12 a.m. thus the cinematograph films were being exhibited companytinuously from 10 a.m. to mid night which caused a number of problems.
the appellants petitioners hold licences for exhibiting cinematograph films in their cinema theatres under the act and the rules in form prescribed by the rules.
nagaraja b. krishna prasad miss malini poduval and r.b.
the rules and conditions companytained in the licence form f do number prescribe any restriction on the number of shows of films which a licensee can exhibit in his theatre.
iyenger m. veerappa and navin singh for the respondents.
the state government in exercise of its power under section 19 of the act framed rule 41 a directing that numberlicensee shall exhibit more than four cinematograph shows in a day.
sucharita n.d.b.
padmanabha mahle miss c.k.
