REGAL VIDEO Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties.

(3.) The appellant carries on business of running a Video parlour in the State of Haryana where pre-recorded Cassettes of cinematograph films are exhibited through Video cassette recorder/ video cassette player (VCR/VCP) and Video Projector on a separate wide screen. By notification dated September 29, 1989 the Governor of Haryana amended the Punjab Cinemas (Regulation) Rules, 1952 as applicable in the State of Haryana, (hereinafter referred to as 'the Rules') and Part IX (containing Rules 98 to 100) making special provisions relating to Video - Cinemas was inserted in the Rules. The appellant filed a writ petition in the High Court of Punjab and Haryana wherein it was submitted that VCR/VCP and a T.V. Projector do not fall within the ambit of the expression 'cinematograph' as defined under Section 2(a) of the Punjab Cinemas (Regulation) Act, 1952 (hereinafter referred to as 'the Act') and that the appellant is not required to take a licence under the said Act for running the Video parlour. The said writ petition of the appellant was dismissed in limine by a Division Bench of the High Court by its order dated January 28, 1993 for the reasons given in the judgment dated August 5, 1992 in Civil Writ Petition No. 10150 of 1990, Raja Video Parlour v. The State of Punjab. Feeling aggrieved by the said decision, the appellant has filed this appeal.