Cinematography Act, 1918

 

Cinematography
Act, 1918

 

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.

 

Cinematography Act, 1918

Cinematography Act, 1918

 

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.