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D.K.V. Prasada Rao And Ors. vs Government Of Andhra Pradesh on 8 April, 1983

10. Thus classification of seats and fixation of rules of admission have direct and inevitable effect on the public welfare. For its effectuation the division bench in Prasada Rao's case further held that fixation of the rates of admission has become an absolute necessity to avoid (a) arbitrary exercise of the power of the licensee to fix his own rates of admission; (b) to avoid unhealthy business competition to drive out co-competitors from the field, by more powerful monies persons, and thereby tend to avoid near monopoly; (c) to avoid keeping the people at the whim and vagary of the licensee in fixing the rates of admission; (d) to provide a reasonable facility for the public; (e) prevents the licensees from charging varied rates of admission based on fluctuating fortuitous factors ensuring consequential curb on unjust enrichment; and (f) in the general public welfare. The fixation of rules of admission does not have the inevitable effect to drive out of the licensee from the trade or business. In other words, it assures the orderly exercise of right to trade on business or avocation or occupation. It does not impinge upon unreasonable restrictions on the fundamental right of the trade or business in exhibiting the cinematograph.
Andhra HC (Pre-Telangana) Cites 62 - Cited by 22 - Full Document
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