MOHD. IBRAHIM KHAN & ORS. versus STATE OF MADHYA PRADESH & ORS.

MOHD. IBRAHIM KHAN & ORS. versus STATE OF MADHYA PRADESH & ORS.

There is no statutory requirement for inviting or hearing objections at the stage of renewal or appeal pertaining to cinema licences once a no-objection certificate has been granted; as the appellants did not object at the initial stage, they have no right to be heard at the appellate proceedings, and there is no violation of principles of natural justice in not doing so.

Parties
Appellants: Mohd. Ibrahim Khan & Ors.; Respondents 1 and 2: State of Madhya Pradesh & Ors.; Respondent 3: Prem Narayan, Proprietor, Chitra Talkies, Lalbagh, Burhanpur (M.P.)
Jurisdiction
India
Judgment Date
21 September 1979
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave From High Court Order Dismissing Writ Petition
Outcome
Appeal dismissed
Legal Topics
Cinema Licensing, Natural Justice, Objection Procedure, Right to Be Heard
Administrative Law Licensing Law Cinema Licensing Natural Justice Objection Procedure Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

Mohd. Ibrahim Khan & Ors.

Appellants

State of Madhya Pradesh & Ors.

Respondents 1 and 2

Prem Narayan, Proprietor, Chitra Talkies, Lalbagh, Burhanpur (M.P.)

Respondent 3

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Special Leave From High Court Order Dismissing Writ Petition

Legal Issues

  1. 1 Whether objectors are entitled to be heard by the appellate authority (State Government) on appeal against refusal to grant or renew a cinema licence
  2. 2 Whether failure to give hearing to objectors violates principles of natural justice

Ratio Decidendi

There is no statutory requirement for inviting or hearing objections at the stage of renewal or appeal pertaining to cinema licences once a no-objection certificate has been granted; as the appellants did not object at the initial stage, they have no right to be heard at the appellate proceedings, and there is no violation of principles of natural justice in not doing so.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs