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Tag: Bombay High Court

  • Broadcasters asked to step up publicity, even as Govt rules out extension of DAS Phase III

    Broadcasters asked to step up publicity, even as Govt rules out extension of DAS Phase III

    NEW DELHI: Reiterating that there was no question of an extension of the 31 December deadline for switching off analogue signals, the Task Force of the Information and Broadcasting Ministry today urged broadcasters to step up their publicity in preparation for the final phase in December 2016.

    The stakeholders were told that reports indicated that over 80 per cent of seeding of set top boxes (STBs) in all remaining urban areas that are to be covered in the current phase.

    Broadcasters were also encouraged to come up with newer formats of their appeals to viewers on channels that would catch the attention of the target viewers.

    The Task Force chaired by Special Secretary J S Mathur with the presence of Joint Secretary (Broadcasting) R Jaya was told that there was nothing in law to bar litigants from going to court and it was for the judiciary to deal with these issues.

    At the same time, the government will make all efforts to defend itself in various courts.

    Although the Bombay High Court and some other High Courts have already refused to extend the deadline, the Andhra Pradesh High Court has issued a stay till the next date and the Government said would be replied to. Similarly, a case relating to operators in Indore was coming up for hearing tomorrow (31 December).

    Some participants who did not wish to be named told Indiantelevision.com that a bleak picture was sought to be presented by some participants including the Maharashtra Cable Operators Federation (MCOF) but the Ministry officials answered these queries.

    Similarly, the Ministry turned down the demand by some states for extension of date.

    A clarification was also given to the effect that while MSOs may use a single control room for transmitting DAS signals under Phase III and analogue under Phase IV, they would need IRDs from broadcasters for these signals.

    The Task Force, which expects to release its minutes in a day or two, is also working out the figures of STBs available with direct-to-home (DTH) players that can be used. Clarifications were given with regard to queries by some stakeholders about STBs.

  • Bombay HC to hear Nasik District Cable Operators Federation’s plea on 22 December

    Bombay HC to hear Nasik District Cable Operators Federation’s plea on 22 December

    MUMBAI: Nasik District Cable Operators Federation (NDCOF) has filed a plea in the Bombay High Court in order to get a stay order on cable TV digitisation process. The plea will go for hearing on 22 December, 2015.

     

    “If Inter Connect Agreement (ICA) under which comes a major part of the digitisation process, is not ready how can we go ahead with Digital Addressable System (DAS)? There are lessons, which Phase I and II of DAS has taught us and we are not ready to face the same issues again. That’s why we have decided to take the legal route,” a member of NDCOF told Indiantelevision.com.

     

    Now it remains to be seen what happens when the Bombay High Court gives out its verdict on the case on 22 December.

  • FWICE strike: TV and Film shoots to continue, resolution expected

    FWICE strike: TV and Film shoots to continue, resolution expected

    MUMBAI: The issue of strikes continues to plague the film and television industry as issues keep cropping up between various union bodies and federations every now and then. This time around, the Federation of Western India Cine Employees (FWICE) members were set to go on a non-cooperation strike from 3 October, 2015 to demand an increase in their daily wages and improved working conditions.

     

    And to deliberate on the same, producer members attended a meeting on 1 October, 2015 at 6:30 pm at Indian Film and TV Producers Council (IFTPC) office and discussed the legal proceedings as well as the way forward.

     

    Speaking to Indiantelevision.com post the meeting, a present member on condition of anonymity said, “The members wanted an amicable solution and they are willing to sign a legally permissible MoU. This should bring a positive result and the matter may get resolved with the federation.”

     

    The Bombay High court order pertaining to the same issue reads, “Though nobody can be stopped from calling a strike, there cannot be any rebel activities within 150 metres distance of any shoot location. The not working propaganda can be voluntary but cannot be forced.”

     

    There were speculations and rumours that if somebody works during the non-cooperation period, their membership card will be rejected. Diminishing all such possibilities court says, “No craft can threaten to cancel membership cards.”

     

    The court also suggested to appoint Justice Krishna to mediate things.

     

    It may be recalled that in May this year, FWICE had threatened to go on a strike if the producers’ bodies did not renew the MoU, which had expired in February. However, the strike was called off after a meeting between the two bodies.

    Since talks failed to bring about a resolution and the MoU pertaining to the workers’ revised pay was rejected by FWICE, the body had decided to go on strike. According to a statement by the Western India Cinematographers Association (WICA), the FWICE’s ultimatum to the producers was that if they fail to sign the MoU by 2 October, all 22 affiliates including WICA will go on indefinite strike from 3 October.
  • LMOs victor as Bombay HC directs TRAI to settle interconnect issue

    LMOs victor as Bombay HC directs TRAI to settle interconnect issue

    MUMBAI: The Bombay High Court today (1 September, 2015) issued direction to the Telecom Regulatory Authority of India (TRAI) to settle the Interconnect Agreement (ICA) issue between last mile owners (LMOs) and multi system operators (MSOs) within two weeks. A report has to be submitted to the TRAI on the proceedings in 30 days.

    “All LMOs are advised not to sign the one sided Interconnect Agreement of all MSOs. If the LMO has already signed without understanding the same and if the MSO has not given a copy of the Interconnect Agreement with their company seal and signature within 15 days of signing the same then the Interconnect Agreement is null and void,” said Maharashtra Cable Operators Federation (MCOF) in a statement.

    Speaking to Indiantelevision.com MCOF president Arvind Prabhu said, “This is a victory for the last mile operators who were constantly denied their dues. It’s the LMOs who do all the hard work in maintaining a cordial relationship with the consumers and growing the customer base, but MSOs are not ready to acknowledge this. We want a justified proposition through which the last mile operators will get their due.”

    “We want an agreement, which will be a balanced proposition between all the stakeholders. We want to have a transparent ecosystem where there is clarity on every aspect including revenue system. Ignoring LMOs or not giving them their due certainly cannot be the way forward,” added Prabhu.      

    “A just and fair ICA will now be drafted under the supervision of the Hon. Bombay High Court by TRAI and parties involved. All MSOs are to be made parties in this matter by MCOF so that there is a common just and fair Interconnect Agreement for all LMOs across India,” MCOF said in the statement.

  • Bombay HC lifts ban on Maggi; Nestle to lab-test product

    Bombay HC lifts ban on Maggi; Nestle to lab-test product

    NEW DELHI: Just a day after the Government announced it was moving a Consumer Court, the Bombay High Court lifted the nationwide ban on Maggi Noodles but asked Nestle India to test five variants of noodles at three accredited labs.

     

    The Court said in a sharp indictment that principles of natural justice were not followed by Food Safety and Standards Authority of India (FSSAI) in passing the impugned order of ban. 

     

    Holding that tests must be completed within six weeks, the Court told Nestle India that if test reports suggest that lead is within permissible limit then it can start the sale of products. 

     

    In June, the FSSAI said the popular snack was found “hazardous and unsafe for human consumption.”

     

    More than 2,700 samples of Maggi noodles have been tested by laboratories in India and abroad in recent months, and each test confirmed the level of lead to be “far below permissible limits,” Nestle had said in a recent statement.

     

    The Department of Consumer Affairs’ claim for Rs 639.95 crore in damages from Nestle is to be heard by the National Consumer Disputes Redressal Commission (NCDRC) in probably the class-action suit against a multinational. The ruling of the quasi-judicial body will be legally binding.

     

    In June, the country’s food safety regulator banned Maggi after excessive amounts of lead and monosodium glutamate (MSG) were reported in samples tested in Uttar Pradesh.

  • Bombay High Court suspends Salman Khan’s five-year sentence

    Bombay High Court suspends Salman Khan’s five-year sentence

    NEW DELHI: A large number of filmmakers in Mumbai heaved a sigh of relief when the Bombay High Court stayed the five-year sentence imposed on actor Salman Khan by a Sessions court two days earlier for killing a homeless man in a 2002 hit-and-run case.

     

    The 49-year old actor was however asked by the High Court to re-apply for fresh bail before the Sessions Court.

     

    Khan had managed to get a two-day reprieve on 6 May itself on the ground that the judgment had not been made available to him.   

     

    High Court judge A M Thipsay suspended Khan’s sentence after an initial hearing on his appeal at which the superstar’s lawyers argued that the trial court had not considered all the evidence on hand during the trial.

     

    Had he gone to jail, Bollywood sources said around six films would have been affected as they are already in the pipeline and have an investment of more than Rs 200 crore. 

     

    The dead man, 38-year-old Noor Ullah Khan, was among five people who were run over in the incident. Late on the night of 28 September, 2002, Khan’s Toyota Land Cruiser hit the American Express bakery in the Bandra area of Mumbai.

     

    Khan was arrested on 28 September, 2002, and released the same day. He was charged under Section 304 (2) with culpable homicide not amounting to murder, a charge that was struck down by the Bombay High Court in 2003. This Bombay High Court order was set aside by the Supreme Court in 2003, paving the way for the case to being re-examined.

     

    Khan had sought to say his driver was behind the wheel, but Sessions Judge DW Deshpande said the actor was driving the car and was under the influence of alcohol at the time. 

     

    One of Bollywood’s busiest stars having appeared in more than 80 Hindi-language films, Khan’s jail sentence is bound to affect the film projects he was working in.

     

    Known for turning out at least one hit every year, Khan’s films like Dabangg, Ready, Bodyguard, Ek Tha Tiger, Maine Pyar Kiya and Hum Aap Ke Hain Kaun have been huge commercial hits.

     

    The prosecution alleged that Khan had been driving the car while drunk, both of which charges the actor denied in court in March. But many witnesses disagreed.

     

    A constable attached to Khan’s security detail had said in a statement to the police that the “drunk” actor had lost control of the car. The policeman died in 2007 of tuberculosis.

  • Centre’s opinion sought on YouTube uploads; notice issued on AIB case

    Centre’s opinion sought on YouTube uploads; notice issued on AIB case

    NEW DELHI: The Bombay High Court has asked the Information and Broadcasting Ministry’s opinion on the screening mechanism of YouTube uploads.

     

    This followed a public interest litigation (PIL) against the AIB Roast programme by law professor Sharmila Ghuge, who sought guidelines for a screening mechanism to keep a check on obscene and vulgar videos uploaded on YouTube.

     

    AIB (All India Bakchod) filed an intervention application in the matter. “We oppose this petition. It was a humorous show for a private audience. None of the private audience found it offensive. The language was excessive, but within the bounds of humour,” AIB’s senior counsel Mahesh Jethmalani told the division bench of Justices V.M. Kanade and Revati Mohite Dere.

     

    The court admitted the intervention plea. AIB will file a reply, if any, to the petition within the next two weeks. The Union of India too has been directed to file its opinion within two weeks. The court will hear the matter next on 3 March.

     

    Along with the PIL, the petitioner also submitted a copy of the CD about the programme, which was conducted in Mumbai in December last year. Its videos were uploaded on YouTube later. The petitioner also transcribed the excerpts of the show, and told the court that the content was objectionable.

     

    When the court said that only those who are defamed can file a defamation suit, Ghuge’s advocate Shyam Dewane said, “This (programme) has crossed the limits of morality. The language used is such that it crosses the limit of decency. It is obscene to the core, and it particularly affects the minds of the youths.”

     

    In the PIL, Ghuge said, “Whereas, the film stars have made a deliberate attempt to lower the dignity of women by showing their insensitive attitude towards the most heinous crime of rape by passing several jokes on rape and gang rape enjoying the flavour of humour for the most unfortunate act any women can ever face in her life. Not only this, cracking jokes on gays, race, rape, ebola and making homophobic jokes is an absolute insult to not only to women but all the individuals.”

     

    She has said such remarks will adversely affect the youth of the country. “That such a rapid augmentation of audience to this video is unquestionably aiming to adversely affect the youth of this nation. Particularly the sway and influence of these film stars is beyond imagination on the youth. These celebrities are youth icons and the young generation blindly follows them which indeed is misleading and disgraceful for the nation in such incidences.”

     

    Dewane said there was need for a mechanism to filter out vulgar and obscene videos from YouTube. The court thereafter sought Union government’s say on the matter.

     

    “That the video of the AIB show, which has been uploaded on 28 January, 2015 has not been verified by any of the authorities, whether the content of the video is suitable to be thrown open to public at large. The said video has been uploaded by the organisers of the AIB show as evident from the titles of the video. Neither the organisers nor the respondents felt the need and importance of verifying the content before putting the video on air, which needless to state has gone viral amongst people, more particularly youths,” the PIL has stated. 

  • Shraddha Sharma wins case against Culture Machine

    Shraddha Sharma wins case against Culture Machine

    MUMBAI: Shraddha Sharma became an overnight internet sensation through her YouTube channel ‘Shraddharockin’ with close to 160,166 subscribers.

    Recently, the 18-year-old musician was dragged to court by her ex-managers of the multi-channel network, Culture Machine for her refusal to renew the contract.

    The singer countered their complaint by saying that her contract had ended and she had asked for the channel to be handed over to her.

    Creative liberties and ownership of intellectual property have always been a cause of concern for artistes everywhere. Time and again, we have heard stories of musicians who did not get their due.
    However in Sharma’s case, the Bombay High Court has ruled in her favour.

     

    Sharma, who has now started her own YouTube channel called ‘Shraddha Supagirl’, is amongst the many singers who dream to be recognised for their work.  

     

  • Bombay HC may hear Digicable license cancellation case next week

    Bombay HC may hear Digicable license cancellation case next week

    KOLKATA: The Bombay High Court may hear the Digicable Network license cancellation case next week most probably on Monday.

    Earlier as well, the Bombay HC had granted relief to the multi-system operator (MSO) when it extended the order cancelling its permanent registration till 5 November. “The case was adjourned as the MIB counsel had sought around four weeks’ time to file replies in the matter,” says an analyst.

    Jagjit Singh Kohli-promoted Digicable Network, which challenged the Ministry of Information and Broadcasting’s order on 13 September, had earlier got an ad interim stay against the order till 6 October.
    “The hearing has been postponed for the next two to three days,” said Kohli.

     

    The MSO had approached the court in September post which it got an ad interim stay till 6 October and subsequently till 5 November. The MSO had challenged the basis on which the security clearance was denied to the MSO.

     

    A similar case is being heard in the Kolkata High Court on the petition filed by its JV -Digicable Comm on its licence cancellation. That case has been postponed to 28 November. The Kolkata based MSO has got a stay order on its cancellation twice and this being the third time. The court observed that when the MSO received its DAS licence in 2013, it was subject to security clearance from Home Ministry and the same has been denied in the order passed in September 2014.

     

    In July, the ministry of information and broadcasting had cancelled the licences of Digicable Comm while in September the same was done for Digicable Network, on the basis of denial of security clearance by the Home Ministry.

     

  • Bombay HC clears Zeel acquisition of DMCL’s media business undertaking

    Bombay HC clears Zeel acquisition of DMCL’s media business undertaking

    MUMBAI: Finally passing all the hurdles, Subhash Chandra-promoted Zee Entertainment Enterprises Limited (Zeel) announced to the BSE that the company has finally got the Bombay High Court nod for the ‘Scheme of Arrangement between Diligent Media Corporation Limited (DMCL) and the Company and their respective shareholders and creditors, for demerger of Media Business Undertaking (MBU) of DMCL’.

     

    The undertaking comprises media and entertainment business, event management activities, TV channel license and TV reality show formats for game based shows. Through this business, Zeel is planning to give an impetus to its event management capabilities. Planned are events and game shows.

     

    The scheme looks at the demerger of the MBU from DMCL and then vesting it with Zeel. Equity shareholders of DMCL will be given preference shares by Zeel in the ratio of one preference share of Re 1 of Zeel for every four equity shares of Rs 10 each held in DMCL. The company says that 2.23 crore preference shares shall be issued in all.

     

    DMCL was formed in 2005 with a 50:50 JV between Essel Group and Dainik Bhaskar Corp (DB). In 2012, Essel Group bought out DB’s 50 per cent.

     

    The entire DMCL is now under the two arms of Essel – Zee Media with DNA and Zee Entertainment with the MBU.

     

    Zeel was also recently included in the 50-share CNX Nifty index replacing Diageo-controlled United Spirits. The network has been included in the recently launched CNX Media Index on the NSE and carried the maximum weight of 45.45 per cent in the index that comprises 15 media and entertainment stocks.

     

    Reacting to the news, the share price of Zeel rose to 285.25 during trading on 12 September and closed on 283.75