MESSRS CAPRI CINEMA vs GOVERNMENT OF SIND AND OTHERS
This matter arises from constitutional petitions concerning the recovery of licence fees from cinema houses situated within the limits of the Cantonment Board, where the District Magistrate purported to enforce the Cinematograph Rules, 1962. The legality of this action was challenged on the ground that section 124 of the Cantonments Act, 1924, excluded the operation of other Acts regarding the collection of licence fees, a submission that was rejected by the High Court. During the proceedings before the Supreme Court, the promulgation of President's Order No. 13 of 1979 granted exclusive jurisdiction to Cantonment Boards to collect this fee from cinema houses. Consequently, the learned counsel conceded that the petitions had become infructuous and sought to withdraw them. The Supreme Court accordingly dismissed the petitions as infructuous based on the subsequent change in law.
- Does section 124 of the Cantonments Act 1924 exclude the operation of other Acts in the matter of collecting licence fees from cinema houses?
- What is the effect of the promulgation of President's Order No. 13 of 1979 on pending petitions concerning the collection of licence fees by Cantonment Boards?
- Section 124, Cantonments Act 1924
ORDER
1. ' MUHAMMAD HALEEM, J.-This order will lovern C. Ps.. K-57 to K-59 of 1978, which relate to the dispute concerning the recovery of licence fee from cinema houses situate within the limits of the Cantonment Board. The District Magistrate, by letter dated 13th of May, 1974, purported to enforce the provisions of the Cinematograph Rules, 1962, in all the cinema houses within the limits of the Cantonment Board, the legality of which was challenged in the writ petitions on the premise that the word "notwithstanding" in section 124 of the Cantonments Act, 1924, excludes the operation of the other Acts in the matter of the collection of the licence fee from the cinema houses which submission was rejected by the High Court.. However, in view of the promulgation of President's Order No, 13 of 1979, which gives exclusive jurisdiction to the Cantonment Boards to collect this fee from the cinema houses, the learned counsel conceded that these petitions have become infructuous and withdrew them.
2. ' Accordingly, the petitions were dismissed, as such.