Supreme Court of India · 2008-03-25
State Of U.P. And Anr vs Pramod Kumar Shukla And Anr
- Citation / case number
- AIR 2008 SUPREME COURT 2949
- Court
- Supreme Court of India
- Petitioner
- State Of U.P. And Anr
- Respondent
- Pramod Kumar Shukla And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the Allahabad High Court's decision regarding the recovery of grant in aid under Section 5(3) of the U.P. Cinema Regulation Act, 1955, finding that Pramod Kumar Shukla had fraudulently obtained funds by misrepresenting ownership of the cinema hall. The Court confirmed the cancellation of the grant in aid and the rejection of the renewal application under Section 21 of the U.P. General Clauses Act, 1904, as well as the order for recovery of entertainment tax under Section 12(1) of the U.P. Entertainment Tax Act, 1979. The judgment reinforced the principle that fraudulent misrepresentation can lead to the cancellation of licenses and recovery of funds granted under false pretenses.