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Petitioner: MESSRS CAPRI CINEMA VS Respondent: GOVERNMENT OF SIND AND OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Haleem Title: MESSRS CAPRI CINEMA vs GOVERNMENT OF SIND AND OTHERS Case No.: Civil Petitions for Special Leave to Appeal Nos. K-57 to K-59 of 1978 Date of Judgment:1980-05-18 Reported As: 1980 SCMR 838(1) Result: Petitions dismissed
Judgment ORDER ' 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. ' Accordingly, the petitions were dismissed, as such.