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december 1965

Supreme Court of India · 1965-12-09

STATE OF PUNJAB AND ANOTHER vs HARI KRISHAN SHARMA

Citation / case number
SC 1963/194
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB AND ANOTHER
Respondent
HARI KRISHAN SHARMA
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that under Section 5(2) of the Punjab Cinemas (Regulation) Act, 1952, the licensing authority is solely responsible for dealing with applications for cinema licenses, and the State Government cannot usurp this function through executive orders. The Court clarified that while the State Government has wide control, it must operate as an appellate or revisional authority and cannot directly handle applications. The High Court's ruling that the State Government lacked authority to require forwarding of applications was upheld, and previous conflicting judgments were overruled.

STATE OF PUNJAB AND ANOTHER vs HARI KRISHAN SHARMA · Niyam