M/S. SHIVAM TALKIES AND OTHERS ETC. ETC Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-1985-9-89
HIGH COURT OF ALLAHABAD
Decided on September 11,1985

M/S. SHIVAM TALKIES AND OTHERS ETC. ETC Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

K.C. Agrawal, J. - (1.) These seven writ petitions and others raise the question of validity of enhancement of fee under Rule 13 (sic) of the U.P. Cinematograph Rules, 1951 (hereinafter referred to as 'the Rules').
(2.) The main contention of the petitioners in all of these cases was that as no service was being rendered to them by the State of U.P., not only the enhancement of fee made by the State Government in 1981 raising it from Rs. 1200/- to Rs. 3600/- on cinemas like that of the petitioners, but also the intitial imposition of fee was invalid. The case of the petitioners was that even if the element of quid pro quo was not necessary to be established with arithmetical exactitude, but even broadly and reasonably, no co-relationship between the fee and the services rendered to the cinema owners could be established and, as such, the enhancement of fee from Rs. 1200/- to Rs. 3600/- was illegal.
(3.) Apart from the aforesaid point, some other minor points have also been raised which we will deal with seriatim.;


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