VED GUPTA versus APSARA THEATRES

VED GUPTA versus APSARA THEATRES

A cinematograph licence under the Jammu and Kashmir (Cinematograph) Act, 1989 is granted to a person in respect of a place and does not constitute an interest attached to the premises. The licence is not property of the partnership unless granted in its name. Principles of natural justice are not attracted when the...

Source-derived case information.

Parties
Appellant: Ved Gupta; Respondent: Apsara Theatres; Respondent: Respondent in 2611-A/81; Respondent: Respondent in 2611-2611-A; Respondent: Respondent No. 2; Intervener: Intervener
Jurisdiction
India
Judgment Date
11 August 1983
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court; Supreme Court Decision
Outcome
Appeal allowed; judgment and order of the Division Bench of High Court set aside; Single Judge's order restored; writ petition dismissed.
Legal Topics
Cinematograph Licences, Partnership Interest in Licences, Natural Justice, Statutory Interpretation
Administrative Law Partnership Law Cinematograph Licences Partnership Interest in Licences Natural Justice Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ved Gupta

Appellant

Apsara Theatres

Respondent

Respondent in 2611-A/81

Respondent

Respondent in 2611-2611-A

Respondent

Respondent No. 2

Respondent

Intervener

Intervener

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court; Supreme Court Decision

Legal Issues

  1. 1 Whether a cinematograph licence grants an interest attached to the premises.
  2. 2 Whether a partnership acquires interest in a licence if granted to a partner individually.
  3. 3 Whether s.6F of the Jammu and Kashmir (Cinematograph) Act, 1989 supports the partnership's claim.

Ratio Decidendi

A cinematograph licence under the Jammu and Kashmir (Cinematograph) Act, 1989 is granted to a person in respect of a place and does not constitute an interest attached to the premises. The licence is not property of the partnership unless granted in its name. Principles of natural justice are not attracted when the Licensing Authority suspends exhibition by unauthorised persons, as the firm has no legal right to exhibit films without a licence.

Court Disposition

Appeal allowed; judgment and order of the Division Bench of High Court set aside; Single Judge's order restored; writ petition dismissed.

Orders

  • Legal consequences effective from November 16, 1982; all interim orders vacated from midnight between 15th and 16th November, 1982.
  • Inter se rights and claims left open for civil suit.