Uphaar Cinema Theatre (for short the `theatre owner' or `Licensee).
2
2. These appeals relate to the fire at Uphaar Cinema Theatre in Green ... provides for regularization of exhibition of
Cinemas. Section 10 provides that a cinema theatre cannot be run without
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obtaining license from the Licensing Authority
plan for conversion of Kalyan
Mantap-cum-Lecture Hall into a cinema theatre. In a
petition under article 22 6 of the Constitution the High ... Court held that the cinema theatre could not be constructed
in a place other than the specified localities without
proper sanction, but since the third
March 1971. The plan for a sound proof air-condition ed
cinema theatre on the said plot submitted by him was
sanctioned both ... Cinematograph Rules. 1951 for construction of a
Cinema theatre.
The Hindi Sahitya Sammelan which was initially formed
as a voluntary organisation in 1910 and registered
rights to exhibit films as cinema shows
therein .... for a specific use of the same as cinema
theatre to exhibit films as cinema shows only ... lease is sheer exhibition of
films as cinema shows at the said cinema theatre, Kapali
Talkies, Madras-28 and not for utilising the said cinema
auditorium and annexes purely as a cinema house. According
to him, when a cinema theatre is erected, it becomes useless
unless the necessary equipment ... been a cinema in this house for several years, with the
necessary certificates under the various statutes for
running a cinema theatre obtained
theatres for the purpose of levy-Theatres situated within
the Municipal Corporations and Special Grade Municipalities
governed by 'admission system'-Theatres situated ... equating the theatres
situated within the belt with the theatres situated within
the corporation areas, the rates of admission for the
theatres in the belt
theatre and the number of persons admitted to a
cinema theatre for each show and gave room for abuse both on
the part of proprietor ... whether a choice should he available
to the proprietor of the cinema theatre in this regard. The
legislature does not transgress the limit
theatre or
incidental to the purpose of the theatres. In relation to
the person so employed, therefore, the owners of the
theatres are principal employers ... theatre, work which may be considered to be either
ordinarily part of the work of the theatre or
incidental to the purpose of the theatre
different categories
of local areas."
The respondent is running a cinema theatre in a local
area having a population of less than one lakh ... entrance door to every class in the cinema". The Form of
licence granted to cinema theatre is prescribed in appendix-
1 to the said
licence in favour of the second respondent to run the cinema theatre, by name, Kapali Talkies.
2. The facts are not in dispute. The petitioner ... owners of the above mentioned cinema theatre, by name Kapali talkies and the second respondent was given a composite lease of the land, buildings with