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Category: High Court

  • Delhi HC notice to Arnab Goswami on ‘theft’ suit by Times group

    NEW DELHI: Delhi High Court, which had earlier issued summons, has now issued a notice to Republic TV’s Arnab Goswami in a case filed against him by former employer Bennett, Coleman and Company Ltd (BCCL), owners of Times Now news channel. The complainant had alleged breach of employment contract and misusing intellectual property belonging to BCCL.

    Goswami and his colleague Prema Sridevi, who was also in Times Now, are accused of having played audio tapes during a story on the mysterious death of Congress Party member and MP Shashi Tharoor’s wife Sunanda Pushkar. Times Now claims the audio tapes were its property. This development has been reported by legal news portal Live Law.

    BCCL has alleged the Sunanda Pushkar tapes and those played out during a story done by Republic TV on its debut day on Lalu Prasad were ‘procured and accessed’ by Goswami and Sridevi while they were employed by Times Now.

    While the court observed that an employee has to maintain confidentiality and utmost fidelity towards his employer and they cannot breach contract, it said that since the Times Group hasn’t submitted anything on record to prove that the audio recordings used by Goswami were parts of its database, it has only issued a short notice.

    Earlier, the court had issued summons to Goswami, Sridevi and the ARG Outlier Media Private Limited, the company that owns Republic TV, in the matter.

    ALSO READ:

    IPR case: HC issues summons to Republic TV, hearing on 26 May

  • SC stays new TRAI tariff, asks Madras HC to complete hearing in four weeks

    MUMBAI: The Supreme Court of India has granted a stay on TRAI’s new tariff orders. A division bench of the court comprising Justice Rohinton Fali Nariman and Justice Pinaki Chandra Ghose agreed to the demand of Star India, thus staying the new tariff order and interconnect regulations. 

    Industry sources told www.indiantelevision.com, “The apex court has asked the Madras High Court to complete the hearing within four weeks.” “The case will be heard on a day-to-day basis from 12 June — the date of the next hearing scheduled by the Madras High Court,” the sources added.

    The Supreme Court today (Monday, 8 May) heard the appeal by Star India and Vijay TV challenging the order of the Madras High Court which refused to stay the DAS tariff order of the Telecom Regulatory Authority of India. TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) had formally come into effect on 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition of the broadcasters to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition. The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that it actually came under the Copyright Act, which is not administered by TRAI, but by the Department of Industrial Policy and Promotion, as of last year.

    Apart from the tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations on 14 October, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations issued the same day (10 October).

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

    NEW DELHI: The Madras High Court has declined a petition to stay the tariff orders for cable TV by the Telecom Regulatory Authority of India slated to come into effect from 2 May 2017.

    Chief Justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content,, and that actually came under Copyright Act, which is not administered by TRAI.

    The Court said the petitioners had not made out a strong and prima facie case for an interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ so as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    This implies that TRAI is now free to implement its tariff order, reference interconnect offer (RIO) and Quality of service order (QoS) from 2 May.

    The Court took note of the point made by TRAI counsel P Wilson that every broadcaster would publish its Reference Interconnect Offer on 2 May 2017. Any distributor interested in entering into an agreement would hold discussions with the broadcasters and agreements would be signed by 1 June 2017.

    However, the commercial operation/transactions under the agreement can start only from 1 September 2017.

    Although the Indian Broadcasting Federation had been impleaded and supported the plea for interim stay, the court said it had come to understand that many of the members of the IBF “are now in favour of the impugned interconnect regulations and the tariff order.”

    The Court had also allowed the All-India Digital Cable Federation which has around 10 MSOs operating pan-India under its wing to intervene and had opposed the plea for interim stay.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the chief justice

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also read: Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    TRAI notifies tariff order implementation from 2 May, RIO in 60 days

  • Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

    NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

    The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.
     
    The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.
    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. 

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • Hearing of Star – TRAI case begins before MHC chief justice

    NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content did not come in the regulator’s ambit commenced today in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice. Star India SVP – Legal and Regulatory – Pulak Bagchi confirmed that while the primary case remained on the grounds of the Copyright Act remained the same, a new petition had been filed because it was coming up before the Chief Justice.  

    Last month, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    Earlier, on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Chief Justice of MHC to hear Star India case against TRAI under Copyright Act

    Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

  • Star-TRAI case suffers as another judge withdraws in Madras HC

    MUMBAI: The TRAI tariff standoff with Star India, which is pending before the Madras High Court, seems to have hit another roadblock.

    It has been learnt that another judge — Justice Govind Rajan — on Monday recused himself from the case. Star India SVP – legal and regulatory Pulak Bagchi confirmed while speaking to www.indiantelevision.com that he has withdrawn citing personal reasons. To a question, Bagchi said that the case may be referred to another bench in 2-3 days.

    In the first week of April, the case by Star India and Vijay TV challenging the jurisdiction of TRAI in the matter of tariff orders took a surprising turn when Justice S Nagamuthu and Justice Anita Sumanth recused themselves.

    Though it was not clear, it appeared that the two judges had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch that day and the matter was thereafter adjourned.

    Star India and Vijay TV had decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. 

    Now, it is up to the chief justice of the Madras High Court to nominate another bench to hear the case as the recusing judge had written to the CJI that the matter was important and a new bench should be identified on an urgent basis to dispose of the case.

    Also Read :

    Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • Coordinate with registry for mentioning TV tariff matter, says Madras HC CJ

    NEW DELHI: The case by Star India and Vijay TV challenging the jurisdiction of the Telecom Regulatory Authority of India in the matter of tariff orders, in which two judges of Madras High Court withdrew from the case, will be listed before newly appointed Chief Justice Indira Banerjee soon for being referred to an appropriate bench.

    The Chief Justice turned down the oral mention of the matter by Star India counsel saying this was an administrative matter which should be coordinated with the registry for listing before her.  

    Though it was not clear, it appeared that the two judges Justice S Nagamuthu and Justice Anita Sumanth had received a letter which prompted them to withdraw from the case. The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directive that will affect the content since that did not fall in its purview.

    Meanwhile, counsel opined that, as the pleadings were completed, the new bench will get down to hearing the arguments. Arguments had commenced on behalf of the Union Government until lunch yesterday and the matter was thereafter adjourned to today.

    Earlier, Star India and Vijay TV decided not to press for their pleas for extension of the tariff order following TRAI’s announcement that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017. The court had fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters.

    The court will also hear counsel of All India Digital Cable Federation which was allowed to intervene in the matter. Earlier on 3 March, the regulator had issued three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex court also asked the high court to conclude hearing in 60 days.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week.

    Also read:

    TRAI extends tariff regulations execution date, Madras High court arguments to continue

  • Copyright infringement: Kross awarded injunction against ‘Pushpaka Vimana’, hearing on 12 Apr

    MUMBAI: The Bombay High Court has issued an ad-interim injunction restraining further exhibition and distribution of the Kannada film, “Pushpaka Vimana” in any manner or in any medium including cinema theatres, television, CDs/DVDs. 

    Kross Pictures is a cross-border film and television production company with offices in Seoul, Los Angeles, and Mumbai. 

    The order restrains the film-makers from awarding any rights in relation to satellite or telecast rights of the film for its exhibition. The Court further directed defendants to disclose to the court the earnings from the film and all contracts with artists involved with the movie.

    The Bombay High Court stated that the Kannada film prima facie appears to be a copy of the Korean film called “Miracle In Cell No. 7” the rights to which are owned by Kross Pictures India. The original film was released on 23rd January 2013, first in Korean and then on Youtube in English in 2014. Kross Pictures had moved the Bombay High Court claiming copyright infringement against the producers of the Pushpaka Vimana. Dr. Birendra Saraf, instructed by Anirudh Rastogi of TRA and Ankita Singh of A&P Partners, appearing for Kross Pictures drew the court’s attention to at least fifteen instances where producer AR Vikhyat  of Vikhyat Chitra Productions has publicly admitted that he ‘adapted’ the screenplay of the Korean film for Pushpak Vimana.

    Kross acquires high-concept and proven intellectual property to produce localized films in different languages.  Kross’s Indian operation started in 2015, and has produced the 2016 Hindi film “TE3N” which is based on the Korean film “Montage”, and is currently producing “Suspect X” (directed by Sujoy Ghosh) for Amazon India.

    The court order can be seen here:

  • Star-Vijay Copyright case hearing next week, TRAI to file counter

    NEW DELHI: The petition under the Copyright Act in the Madras High Court challenging the jurisdiction of the Telecom Regulatory Authority of India is to be heard on 15 March 2017 as the regulator has sought more time to file a counter-affidavit in the matter.

    The time was also sought for more time as both Star India and Vijay TV amended their plaint and prayer in the light of the order of the in the light of the Supreme Court vacating the stay order earlier granted by the High Court. The Court had initially adjourned to 17 March but preponed it to 15 March as one counsel said he would not be available on 17 March.

    The broadcasters have pleaded that the regulator has no jurisdiction over matters relating to intellectual property rights.

    The Bench comprising Justice S Nagamuthu and Justice Anitha Sumanth was informed by All India Digital Cable Federation (AIDCF) counsel A L Sundaresan and Star counsel P S Raman about the proceedings in the appeal by TRAI in the apex court. TRAI was represented by P Wilson while Additional Solicitor General G Rajagopalan represented the Central Government.

    Even as TRAI objected to the amendment and sought time for a counter, AIDCF informed the court that the notification itself provides that the effective provisions will come into effect after 30 days from date of publication (or in some cases, more than 30 days), hence the stay should not be granted. AIDCF also submitted that even on merits, a stay ought not to be granted.

    AIDCF informed the Court that Star may be directed to furnish copies of all documents and pleadings filed, to which the judge orally informed the counsel for Star to furnish the same.

  • Plea against Jio’s free offer coming up in HC

    MUMBAI: The Delhi High Court will be hearing a plea filed by Vodafone India alleging that the Telecom Regulatory Authority of India had failed to stop Reliance Jio Infocomm Ltd’s (RJio)’s what it called “blatant violation” of tariff orders, directions and regulations by allowing it to go on with its free offers.

    On 30 January, Vodafone had moved the court alleging that TRAI failed to implement the telecom department’s (DoT) circulars.

    Earlier, Idea Cellular and Bharti Airtel had moved TDSAT (Telecom Disputes Settlement Appellate Tribunal) alleging that TRAI had been a mute spectator to the violations committed by Jio.

    Race in the telecom industry meanwhile is getting intense. Airtel may now let customers enjoy free domestic roaming.The new offer seems to be in response to Jio’s introduction of new pricing plan. Airtel has reportedly decided to do away with national roaming charges on its network for both, internet services and calls. A formal announcement is yet to be made. The decision would benefit Airtel’s about 268 million customers.

    Meantime, a PwC report said the road ahead for Indian M&A seemed to be brightly illuminated. As per the report, PTI reported, the recent deals indicated an imminent need for consolidation in various sectors, sale of distressed assets by debt-laden companies and simplification of widely dispersed group companies. The report stated several sectors in India are in consolidation mode. For instance, it said, the telecom sector (Reliance Communications announced the acquisition of MTS India from Sistema).

    Also Read :

    Jio crosses 10-cr subs mark, offers prime membership for Rs 99

    TRAI violations query: Reliance Jio mum on ‘response’

    Jio HNY: TDSAT raps TRAI as contest deepens