The Cinematograph Act (II of 1918)
Sections 2(b), 3 & 6-The word "cinema- tograph" is comprehensive enough to include a video-cassette player. It means a composite equip- ment used for production, projection and exhibition of motion picture film. There is nothing to show that the timber 'Aroth' from where the incriminating materials were seized was a place licensed under the Act and therefore the contention raised against the conviction has no substance Md Aktarul vs State 42 DLR 491.
Section 5(3)
That the discretion of the Deputy com- missioner under section 5(3) of the Cinematograph Act, 1918 to grant licence being an exercise of power by statutory authority under a law such discretion cannot be exercised arbitrarily and must be exercised fairly and reason- able on relevant considerations and in the present case the Deputy Commissioner having not considered that the petitioner was exhibiting films in the Cinema Hall under licence since 22.4 1988 and has not violated any condition of licence and has been continuing in lawful possession of the cinema Hall under an agreement for sale dated 19.2.1997 with respondent No.2 and has a right to protect his possession under section 53A of the Transfer of property Act, the Deputy Commissioner acted arbitrarily in refusing licence to him and the High Court Division committed an error of law in refusing to interfere with the impugned order of the Deputy Commissioner. Md. Nurul Islam Sarker vs The Deputy Commissioner, Gazipur (Md. Ruhul Amin J) (Civil) 2ADC 643
