JUDGEMENT
Venkatachala, J. -
(1.) On a certificate granted by the High Court of Judicature at Madras in respect of its common judgment dated 21st June, 1984 rendered in Writ Petition No. 1587 of 1984 and connected matters, (reported in AIR 1984 Mad 278) the present appeals are filed assailing the sustainability of that judgment insofar as it relates to the striking down of Section 9(2) of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984 - "the Act" requiring every person keeping a Video Library licensed under the Act, possessing cinematograph films, to produce in respect of each film whenever demanded by the concerned officer of Government a letter of consent got from the first owner of the copyright of such film under the Copyright Act, 1957 of its assignee thereunder, as that enacted by the Tamil Nadu State Legislature - "the State Legislature" without being possessed of the required legislative competence and of Section 10(2) of the Act requiring every person keeping Video Library licensed under the Act not to sell, let to hire, distribute, exchange or put into circulation a cinematograph film which is not certified by the authority under Cinematograph Act, 1952 as suitable for public exhibition and does not contain the prescribed mark or if contains a mark, the film is not altered or tampered with after affixure of such mark, as that enacted by the State Legislature, is invalid and unworkable.
(2.) Before taking up for consideration the contentions urged in these appeals against the striking down by the High Court Sections 9(2) and 10(2) of the Act, it would be advantageous to advert to the scheme of the Act, as could be found from the Preamble and the provisions of the Act.
(3.) Object sought to be achieved by the State Legislature by enacting the Act, as declared in its Preamble is the regulation in the State of Tamil Nadu of the exhibition of films on Television screen through Video Cassette Recorders.;
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