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.
|
Md. Nurul Islam Sarker v. The Deputy Commissioner, Gazipur and others |
22 BLD (AD) 188 |
Section 5(1) and (2)
|
Cinematography Act, 1918
Section 5(1) and (2)
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.
|
Md. Nurul Islam Sarker Vs Deputy Commissioner, & Ors. |
13 BLT (AD) 79 |