Act/Law wise: Judgment of Supreme Court of Bangladesh

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Cinematography Act, 1918
Section/Order/Article/Rule/Regulation Head Note
Section 5

Granting of licence and the conditions
Cinematography Rules, 1972, Rules 5, 6 and 7—Procedure of granting licence
The Deputy Commissioner is the competent authority to grant licence and renew the same to a person who fulfills e conditions as enumerated under section 5 of the Act, read with rules 5, 6 and 7 of the Cinematography Rules, 1972.
The licencing authority cannot grant licence to a stranger to the premises having no lawful interest therein to the total denial of the rightful claim of the lawful owner/person in possession of the Cinema Hall concerned. The licencing authority cannot impose extraneous conditions in the licence not warranted by law.
The licensing authority is required to grant licence to a person who fulfills the requirements of the provisions of the Act and the Rules.
Md. Nurul Islam Sarker v. The Deputy Commissioner, Gazipur and others, 22 BLD (AD) 188. ....View Full Judgment

Section 5(1) and (2)

read with
Bangladesh Cinematograph Rules,1972 Rules 4, 5, 6, and 7
The undisputed position is that in pursuant to an agreement between the appellant and the respondent No.2, the appellant was exhibiting motion picture film in the Cinema Hall in question upon obtained license from the respondent No.1 and he was granted license last on 19th July, 1998 for 3 months and that before the expiry of the said period he applied for extension of license for another 3 months, - Held, In the background of the facts and circumstances of the case we are of the view the order dated l8 November, 1998 was passed by the licensing authority upon resorting to the consideration of the extraneous facts and circumstances totally irrelevant to the matters of having relevancy in the matter of granting license or not to a person, herein the appellant, who applied for extension of the license.
Md. Nurul Islam Sarker Vs Deputy Commissioner, & Ors. 13 BLT (AD) 79. ....View Full Judgment