NDLI: K C Cinema (correct Name K C Theatre) Vs. State of Jammu and Kashmir & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	19(1)(g) Constitution of India – Article 226
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Jammu and Kashmir Cinematograph Act, 1989 (1933 Ad) (24 of 1933)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India – Article 226, 19(1)(g) – PIL was filed with the grievance that cinema theatres in J&K were prohibiting movie goers from bringing eatables inside cinema halls – High Court inter alia directed the Multiplexes/Cinema Halls Owners of the State of J&K not to prohibit cinema goers/viewers from carrying his/her own food articles and water inside the theatre – Legality of – Held: Trade and business of operating cinema theatres is subject to regulation by the State – In the present case, State Government had framed the 1975 Rules to regulate the industry– In the absence of a specific mandate in the 1975 Rules (or any other applicable law) in this regard, High Court was not justified in issuing a direction prohibiting theatre owners from disallowing food and beverages to be brought in by persons entering a movie theatre who enter it for viewing a film – Cinema hall is a private property of the owner of the hall – The owner of the hall is entitled to stipulate terms and conditions so long as they are not contrary to public interest, safety and welfare – A prohibition on carrying food and beverages from outside into the precincts of the movie hall is not contrary to public interest, safety or welfare – Further, whether or not to watch a movie is entirely within the choice of viewers – If viewers seek to enter a cinema hall, they must abide by the terms and conditions subject to which entry is granted – The condition of entry is imposed as a direct result of the exercise of the right of cinema owners to carry on a business or trade u/ Article 19(1)(g) – High Court transgressed its jurisdiction u/Article 226 by issuing the impugned direction – Impugned judgment in regard to the said direction set aside – Jammu and Kashmir Cinemas (Regulation) Rules 1975 – Cinematograph Act 1952 – Cinematograph (Certification) Rules 1983 – Jammu and Kashmir Cinematograph Act 1989 – Jammu and Kashmir Cinematograph Rules 1989. Contract – Unfair and unreasonable contract/clause in a contract – Test laid down in Central Inland Water Transport Corpn. case – Held: When one party has unequal bargaining power relative to the other party, any terms and conditions which are unreasonable may not be enforced as against the party with lower bargaining power – Central Inland held that whether parties can be said to have unequal bargaining power and whether a bargain is unfair or unreasonable must be decided on the facts and circumstances of each case – The test in Central Inland is not only to assess whether the parties have unequal bargaining power relative to one another but also to ascertain whether a contractual term or a contract is unfair, unreasonable or unconscionable – A contract (or a term in a contract) can be said to be unfair or unreasonable if it is one-sided or devoid of any commercial logic – However, in the present case, although theatre owners may unilaterally determine the conditions of entry into cinema hall, the condition imposed in this instance is not unfair, unreasonable or unconscionable – Jammu and Kashmir Cinemas (Regulation) Rules 1975.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 6
Petitioner	K C Cinema (correct Name K C Theatre)
Respondent	State Of Jammu And Kashmir & Ors
SCR	[2023] 6 S.C.R. 572
Judgement Date	2023-01-03
Case Number	77

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