Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Exhibition of Cinematograph Act 1952 Indigenous films Condition of license Cultural films Cinematograph Films |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Cinematograph Films—Indigenous films—Cultural films — Exhibition of—Condition of license—Notification—Vires of— Cinematograph Act, 1952 (Act. 37 of 1952), 8. 12(4).The respondent was an exhibitor of films in a public cinema theatre. Under the powers conferred by s. 12(4) of the Cinematograph Act a notification was issued which among other things provided that a certain percentage of “approved film" should be shown at every performance and that films produced in India and certified by the Central Government as Cultural films will be deemed to be “‘approved films’’. In condition No. 22 of the license issued to the respondent the above terms of the notification were substantially reproduced. On the failure of the respondent to pay a certain amount to the Ministry of Information for the supply of ‘‘approved films’’ the Ministry threatened to stop further supply of ‘approved films” to the respondent. There upon he filed a writ in the High Court by which he challenged the vires of s. 12(4), the notification and the conditions in the license. The main contention was that s. 12(4) comprised two categories of films, namely, "cultural films” and “indigenous films’" and that the two categories were alternative. Therefore it was urged that since condition No. 22 required that cultural films also should be produced in India the condition was bad. The High Court upheld the validity of the section but struck down the conditions. The appellant appealed to this court on a certificate of fitness granted by the High Court. The sole question before the Supreme Court was whether the notification and condition No. 22 were valid within the terms of s. 12(4). Held, that the words “indigenous films” are general and unqualified in their contents and must include in their ordinary and accepted sense cultural as well as other films. To read the words ‘indigenous films’ as meaning ‘indigenous films” other than cultural films would be to cut down the plain and ordinary sense of the words and to import into the enactment words which are not there. The court would proceed on the basis that the Legislature meant precisely what it said. The words ‘produced in India’ in the impugned notification and condition No, 22 are not to be read as a qualification annexed to the first category of films but referable to the second category and would be perfectly intra vires under s. 12(4). The notification in so far as it requires that cultural films should have been produced in India is within s. 12(4) and condition No. 22 which has been framed in accordance therewith is valid. |
Judge | Hon'ble Mr. Justice T.L Venkatarama Aiyyar |
Neutral Citation | 1962 INSC 146 |
Petitioner | The Chief Commissioner, Ajmer |
Respondent | Brij Niwas Das |
SCR | [1963] 2 S.C.R. 145 |
Judgement Date | 1962-04-17 |
Case Number | 310 |
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