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NRI Legal Services India - When to deal with property related issues in property disputes without coming to India by Simranjeet Law Associates - Facts About NRI Legal Services Revealed

"Roxanne Krieger" (2018-12-09)


HOs9SZc.png[518D,H; 519A-B; 520F] Section 19 of the Act confers power on the State Government to frame rules for carrying out the purposes of the Act. by a person in lawful possession . The Act confers wide powers on the State Government for the regulation of the exhibition of the cinematograph films which include power to regulate hours during which cinematograph films may be exhibited, the seating arrangements for the members of the public, and any other allied matters pertaining to public safety, health, sanitation and incidental matters.

It was, therefore, referable to the State Government's general power under section 19(1) of the Act. The extent of control and regulation is evidenced by the provisions of the Act. Clause (a) confers power on the State Government to frame rules prescribing terms, conditions and restrictions subject to which a licence may be granted. That, in our opinion cannot be. The submission of the petitioner fails to take into account the fact that the undertakings other than the kanpur undertaking, also have capital reserve, even though there is no allegation that these were excluded assets in respect of other undertakings and there were no figures of investments therein.

Any rule regulating the exhibition of the cinematograph films if reasonably connected with public safety would be justified under the said provision. These can never be exactly equal. Such a claim would be against public interest. The restriction to limit the number of shows to four in a day placed by rule 41-A was regulatory in nature which clearly carried out purposes of the Act. The title of the Act and the preamble clearly indicate that the main purpose of the Act is to regulate the exhibition of the cinematograph films in places in respect of which a licence for that purpose may be issued.

" Section 3 is the charging section which pro- vides: The preamble and the provisions of the Act provide for the regulation of the exhibition of the cinematograph films, which is the primary object of the Act. whether as a NRI Legal services fiction or as a re-enacted provision of substantive law the Explanation would still be trammelled by the basic prescription contained in the main clause regarding permissive occupation. Our attention was drawn to the decisions in Sonawati & Ors. The counsel argued that so long as clause (25) of Section 2 continued to define a Kudikidappukaran as a person "who has been permitted .

The State Government may lay down conditions and impose restrictions prescribing hours during which the films might be exhibited and also the number of shows in the licensed premises. Clause (d) confers power on the State Government to frame rules regulating the exhibition of cinematograph films for the purpose of securing public safety. Abdul Khader, learned counsel for the respondent however sought to contend, that whichever way Explanation II-A is construed i.

Elaborate submissions have been made by the learned Counsel for both the parties and, accordingly, we proceed to dispose of the case on its merit after granting special leave. (e) "luxury provided in a hotel" means accommodation for lodging provided NRI Legal services in a hotel, the rate of charges for which (including charges nrillegalservices for airconditioning, telephone, tele- vision, radio, music, or extra beds and the like but excluding charges for food, drink and other amenities) is not less than thirty five rupees per person per day.

PXadhAr.pngHELD: The question whether Rule 41-A was validly framed to carry out the purposes of the Act could be determined on the analysis of the provisions of Act. There is no exact correlation between the figure of capital reserve and the figure of investments. NRI Legal The ultimate purpose of these provisions is to ensure safety and convenience of the general public visiting the licensed premises for witnessing the cinematograph films exhibited therein.

No licensee could claim to have unrestricted right to exhibit cinematograph films for all the 24 hours of the day. 1970 NRI Legal he will not be entitled to claim rights as a NRI Lawyers Kudikidappukaran unless he is able to prove grant of initial permission by the owner of the land or the hut, as the case may be. Rule 41-A which limits the numbers of shows in a day, regulates the exhibition of the cinematograph films and carries out the 513 purposes of the Act.

The covering letter for these documents, page 408 of Volume II, itself stated that the provisional balance- sheet shows investments which included these shares as part of assets. 11 lakhs taken in the calculation filed by the petitioner, we find that the nrillegalservices calculations filed by the petitioner were not supportable. It was argued that it was not the intention of the legislature to confer Kudikidappukaran rights on trespassers and unauthorised occupants.

Rule 41-A was further referable to clauses (a) and (d) of section 19(2) of the Act. With regard to the figure of Rs. Rule 41- A adds a condition to the NRI Lawyers licence that exhibition of films would be limited to four shows in a day. The Judgment of the Court was delivered by DUTT, J. to have the use and occupation of a portion of the land for the purposes of erecting a homestead/hut belonging to him in the said land", the Explanation would necessarily be governed and controlled by the words in Clause (25) of Section 2 and as such even if a person was in occupation of a homestead or hut between the period 16.