TaxTMI 
TaxTMI 
1997 (8) TMI 543
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....rder", lost their precious lives and about 103 person suffered injuries. (2) It is submitted by Mr. Ram Jethmalani, learned Senior Counsel for the petitioner that the petitioner was a Director of M/s. Green Park Theatres Associated Private Limited, which Company owns Uphaar Cinema, which has since been changed to M/s. Ansal Theatres and Clubotels Private Limited; that the petitioner resigned as the Director in 1988; that another Director, who retired in March, 1995, has been granted bail by the Sessions Court; that the license for running the cinema is issued in 1970 and renewed from time to time till the date of incident; that the cinema business is run by the family concern and that the petitioner is not a stranger; that the last overt....
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....enerator takes overt act the time of load shedding; that the generator was switched off by an employee to avoid fire and because of that there was darkness in the hall following the incident; that the death of the viewers was because of the smoke, suffocation and stampede that there is no, death/casualty in the cinema hall; that there is no finding given by the Sessions Court that the petitioner would be guilty under Section 304 Part-II, IPC; that Section 304A, Indian Penal Code is not referred to at all in the order refusing bail by the Sessions Court; that what is required to be seen is that what is the "causa causans" that there cannot be a criminal liability for vicarious liability unless the vicarious liability is created by the statut....
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....Sections 120B/468/471, IPC; that for the present purpose, Sections 468/471, Indian Penal Code are not relied on; that today also, the license of the cinema is in the name of the petitioner and he also controls the finance and has also been participating in the security/safety arrangements; that the investigation is in progress and at a crucial stage; that the Chowkidar as per the F.I.R. goes to the terrace by rope then what would be the condition of the viewers in the cinema hall, that there were insufficient exits; that possibility of tempering with evidence cannot be ruled out, especially, when the investigation is at the crucial stage; that there were no emergency light in the hall; that only two exists were in the balcony; that the tran....
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....in collapse of building resulting in death. The relief under Section 438, Criminal Procedure Code . was refused. (4) In order to show connection of this petitioner with the renewal of license of Uphaar Cinema, from the papers of investigation I am shown copy of the letter dated 3.3.1992 on the letter-head of Uphaar Cinema, addressed to the Deputy Commissioner of Police (Licensing), Police Headquarters, New Delhi purported to have been signed by the petitioner for Green Park Theatres Associated Private Limited. This application purports to be an application seeking renewal of the annual licences under Section 10 of the Cinematograph Act, 1952. It is suggested there from that the existing license No. 51 dated 24.4.1973 was already lying wi....
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.... way of punishment but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favor by tampering with the prosecution evidence. (7) The petitioner-accused was admittedly not in Delhi on the date of the incident. The F.I.R. suggests that the fire first broke out in the transformer at 7 a.m. The Dvb persons were informed by the Chowkidar, the complainant. The transformer was repaired and put to operation again. The show of 3 to 6 p.m. (matinee show) was on and at about 5 p.m., there was again fire in the transformer leading to the casualty of 59 viewers and injury to 103. It has been the say of the Counsel for the Cbi that the death is on account of inadequacy/in....