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TMI Blog1971 (7) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ph films at Tellicherry. According to him the proprietor of the concern is his sister-in-law and on her behalf he is managing the business. First defendant is the proprietor of one Lotus Talkies engaged in the business of exhibition of cinematograph films for which purpose he applied for license to the Tellicherry Municipality and obtained the same. The Municipal Commissioner of the Tellicherry Municipality is the second defendant. Plaintiff had objected to the issue of license to the first defendant on several grounds including one that the distance between the two theatres was less than what is prescribed by the rules. This objection of the plaintiff was not looked into and therefore the order is characterised as illegal and void. The pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity but has given no special remedy for it: thus the party may adopt an action of debt or other remedy at common law to enforce it. The remedy which by law is properly applicable to the right or the obligation flows as an incident. (3) The third class is where a statute creates a liability not existing at common law and gives also a particular remedy for enforcing, it ..... With respect to that class it has always been held that the party must adopt the form of remedy given by the statute. 5. If a person has a right at common law and in regard to this matter a statute is enacted and the statute provides a machinery for working out the remedy if the. right is infringed still such person will be entitled to resort to a civil court to see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 120 fall under this category, where the right or status was itself the creation of the statute. Even where rights of property are involved, the legislature may point to particular modes of redress. This principle was again succinctly stated in Secy, of State v. Allu Jagannadham. AIR 1941 Mad 530 (FB) at p. 532 as follows:-- Therefore, we have here two principles clearly established. The first is that to exclude the jurisdiction of the civil Courts, the exclusion must be explicitly expressed or clearly implied. The second is that where the liability is statutory as opposed to liability under the common law. the party must adopt the remedy given to him by the statute. Dealing with the case under the Representation of the People Act t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inematograph exhibitions are proposed to be given; (d) the adequacy of existing places for the exhibition of cinematograph films in the locality; (e) the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition; (f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the license or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any public authority within whose j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Act 32 of 1958. His right to object in the matter of grant of the license and his right to take up the matter in appeal are to be exercised only with the ultimate view that the grant of license to the first defendant is in the interest of general public. If that be the case the suit for injunction as now brought by him must fail. 8. In a similar case which arose before the Queen's Bench Division and reported in Gregory v. Camden London Borough Council (1966) 1 WLR 899, Paull, J. analysed the position. That was an action brought against the London County Council as the Local Planning Authority alleging that the defendants in determining whether to grant planning permission to erect a school for about 700 children on the convent lan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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