Law: Cinematograph Act, 1918

Section: 6, 8

Cinematograph Act (II of 1918) Ss. 6 & 8 read with West Pakistan Cinematograph Rules, 1962, r. 11. Sched. of Conditions, Condition No. 16 and West Pakistan Entertain ments Duty Act (X of 1958), Ss. 5, 6 & 6-A-Evasion or non-payment of entertainment duty-Necessary penalty effective or non-effective Provided by West Pakistan Entertainments Duty Act, 1958 -Relevant provisions of Cinematograph Act, 1918 as also Rules framed there under and condition of licence--Do not permit District Magistrate to take any action against Cinema Management for evasion of non payment of entertainment duty - District Magistrate sentencing petitioner to pay fine of Rs. 1 000 and suspending his licence for 3 months for violation of Condition No. 16, but Condition No. 16 not pertaining to payment of entertainment duty and neither r. I 1 of Cinematograph Rules nor any other rule pertaining to payment of entertainment duty, District Magistrate finding that since penalty provided by Act X of 1958 was not much effective, he, being also vested with necessary powers, could impose greater penalty for evasion or non-payment of entertainment duty, held, not sustainable. Date of heating: 26th November 1975.                                                                                                                                                             JUDGMENT The validity of the order dated 5th of August 1975, passed by the learned Magistrate, Gujranwala under rule 11 of West Pakistan Cinemato graph Rules, 1962, read with section 6 of Cinematograph Act, 1918, has been challenged through this petition. The petitioner has been sentenced to pay .a fine of Rs. 1,000.00 and the licence of his cinema known as Capri Cinema, Gujranwala, has been suspended for a period of 30 days. 2. The facts of the case…