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Tag: Delhi High Court

  • Two more DAS cases put off to Oct. in Delhi HC

    Two more DAS cases put off to Oct. in Delhi HC

    NEW DELHI: Two more cases related to Phase III of digital addressable systems (DAS) – filed by Om Systems of Mumbai and Digiana – have been moved to be heard on 5 October  2016 by the Delhi High Court.

    Justice Sanjeev Sanchdeva was scheduled to hear these matters on Tuesday but, as
    13 September was a holiday, the two cases were put off to next month and will be heard with other cases slated for that day next month.

    Earlier, on 7 September 2016, the first batch of a large number of cases related to DAS had been put off to 5 October 2016 as the single bench did not assemble after lunch.

    As a result, the application by the Indian Broadcasting Foundation (IBF) for being impleaded in the case also did not come up for hearing.

    The cases that were listed on 7 September included those filed by Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network and Yogesh Cable Networks.

    On 8 September, a notice was issued to the Union of India (Ministry of
    Information) on five petitions relating to the stay orders on Phase III of DAS that came before a bench of Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal who adjourned the matters to 26 September 2016.

    These related to Radiant Digitek Networks Pvt Ltd, Rajasthan Cable Operators Foundation, Nasik Zilla Cable Operator Association, Indusind Media and Communication Ltd, and Bhima Riddhi Digital Services. While the first two are against Union of India, the other three are against the State of Maharashtra.

    The Supreme Court had, on 1 April, 2016, accepted the plea of the Central Government that “it would be just and proper for this Court to withdraw all those cases  pending in  different High Courts and transfer the same to Delhi  High Court.”

    A total of 62 cases had been filed by multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll that was supposed to have ended on 31 December 2015. Out of these 62 cases, 12 cases had been disposed off by respective courts and three cases had been withdrawn by the petitioners.

    Notice issued to Union of India on five DAS Phase III petitions

    Hearing of DAS cases in Delhi HC put off to Oct

     

  • Two more DAS cases put off to Oct. in Delhi HC

    Two more DAS cases put off to Oct. in Delhi HC

    NEW DELHI: Two more cases related to Phase III of digital addressable systems (DAS) – filed by Om Systems of Mumbai and Digiana – have been moved to be heard on 5 October  2016 by the Delhi High Court.

    Justice Sanjeev Sanchdeva was scheduled to hear these matters on Tuesday but, as
    13 September was a holiday, the two cases were put off to next month and will be heard with other cases slated for that day next month.

    Earlier, on 7 September 2016, the first batch of a large number of cases related to DAS had been put off to 5 October 2016 as the single bench did not assemble after lunch.

    As a result, the application by the Indian Broadcasting Foundation (IBF) for being impleaded in the case also did not come up for hearing.

    The cases that were listed on 7 September included those filed by Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network and Yogesh Cable Networks.

    On 8 September, a notice was issued to the Union of India (Ministry of
    Information) on five petitions relating to the stay orders on Phase III of DAS that came before a bench of Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal who adjourned the matters to 26 September 2016.

    These related to Radiant Digitek Networks Pvt Ltd, Rajasthan Cable Operators Foundation, Nasik Zilla Cable Operator Association, Indusind Media and Communication Ltd, and Bhima Riddhi Digital Services. While the first two are against Union of India, the other three are against the State of Maharashtra.

    The Supreme Court had, on 1 April, 2016, accepted the plea of the Central Government that “it would be just and proper for this Court to withdraw all those cases  pending in  different High Courts and transfer the same to Delhi  High Court.”

    A total of 62 cases had been filed by multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll that was supposed to have ended on 31 December 2015. Out of these 62 cases, 12 cases had been disposed off by respective courts and three cases had been withdrawn by the petitioners.

    Notice issued to Union of India on five DAS Phase III petitions

    Hearing of DAS cases in Delhi HC put off to Oct

     

  • Notice issued to Union of India on five DAS Phase III petitions

    Notice issued to Union of India on five DAS Phase III petitions

    NEW DELHI: Notice was issued by the Delhi High Court to the Union of India (Information and Broadcasting Ministry) on five petitions relating to the stay orders on Phase III of Digital Addressable System.

    Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal heard the petitioners for some time before issuing the notice and adjourning the matters to 26 September 2016.

    The cases that came up today related to petitions by Radiant Digitek Networks Pvt Ltd, Rajasthan Cable Operators Foundation, Nasik Zilla Cable Operator Association, Indusind Media and Communication Ltd, and Bhima Riddhi Digital Services. While the first two are against Union of India, the other three are against the state of Maharashtra.

    Yesterday, the first batch of a large number of cases was adjourned to 5 October. They had been listed before Mr Justice Sanjeev Sachdeva, who is also to hear on 13 September another three cases including one by Home Systems Pvt Ltd of Mumbai and another by Digiana Pvt Ltd, which have been transferred to the Court. They could not be heard as the single bench did not assemble after the lunch break.

    As a result, the application by the Indian Broadcasting Foundation for being impleaded in the case also did not come up for hearing. However, it is expected that this may be mentioned on 13 September.

    The cases that were listed yesterday included the Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, and Yogesh Cable Networks.

    The Supreme Court had on 1 April accepted the plea of the Cemtral Government that ‘it wouldbe just and proper for this Court to withdraw all those cases pending in different HighCourts and transfer the same to Delhi High Court.’

    A total of 62 cases had been filed by some multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll. Out of these 62 cases, 12 cases had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    (The Bombay High Court had earlier this year made a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

    Also read:

    Hearing of DAS cases in Delhi HC put off to Oct

     

  • Notice issued to Union of India on five DAS Phase III petitions

    Notice issued to Union of India on five DAS Phase III petitions

    NEW DELHI: Notice was issued by the Delhi High Court to the Union of India (Information and Broadcasting Ministry) on five petitions relating to the stay orders on Phase III of Digital Addressable System.

    Chief Justice G Rohini and Justice Ms Sangita Dhingra Sehgal heard the petitioners for some time before issuing the notice and adjourning the matters to 26 September 2016.

    The cases that came up today related to petitions by Radiant Digitek Networks Pvt Ltd, Rajasthan Cable Operators Foundation, Nasik Zilla Cable Operator Association, Indusind Media and Communication Ltd, and Bhima Riddhi Digital Services. While the first two are against Union of India, the other three are against the state of Maharashtra.

    Yesterday, the first batch of a large number of cases was adjourned to 5 October. They had been listed before Mr Justice Sanjeev Sachdeva, who is also to hear on 13 September another three cases including one by Home Systems Pvt Ltd of Mumbai and another by Digiana Pvt Ltd, which have been transferred to the Court. They could not be heard as the single bench did not assemble after the lunch break.

    As a result, the application by the Indian Broadcasting Foundation for being impleaded in the case also did not come up for hearing. However, it is expected that this may be mentioned on 13 September.

    The cases that were listed yesterday included the Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, and Yogesh Cable Networks.

    The Supreme Court had on 1 April accepted the plea of the Cemtral Government that ‘it wouldbe just and proper for this Court to withdraw all those cases pending in different HighCourts and transfer the same to Delhi High Court.’

    A total of 62 cases had been filed by some multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase lll. Out of these 62 cases, 12 cases had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    (The Bombay High Court had earlier this year made a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

    Also read:

    Hearing of DAS cases in Delhi HC put off to Oct

     

  • All Phase III DAS cases to be heard by Delhi High Court early next month

    All Phase III DAS cases to be heard by Delhi High Court early next month

    NEW DELHI: The Babus in the Information and Broadcasting Ministry would certainly breathe a sigh of relief with Dellhi High Court having fixed the hearing of the large volume of cases relating to the third phase of digital addressable system pending in different High Courts for early next month.

    Although the last Task Force Meeting of 26 July had been informed that the cases would be heard from 13 September 2016, Indian Broadcasting Foundation sources told indiantelevision.com that these have been pre-poned to 7 and 8 September 2016. Notices have already been issued to the Ministry as well as the petitioners in various cases.

    While a bulk of the cases will be heard on the first day by Justice Sanjeev Sachdeva, two cases which had been heard by Division Benches in the High Courts – Digiana Systems and Om Network – will be heard on 8 September by a division bench of the High Court comprising Chief Justice G Rohini and Justice Sangeeta Dhingra. .

    The single-bench cases include those by AP MSOs Welfare Federation, Federation of Telangana MSO, Bhima Riddhi Digital Services, Multi System Operator Welfare Association, Rohtak Cable Operators Association, Sai Big Star Welfare Association, Shyam Baba Cable Network, Bharat Digital Cable Network, Nashik Zilla Cable Operators Association and Yogesh Cable Networks.

    This follows acceptance of a petition by the Information and Broadcasting Ministry to the Supreme Court asking it to transfer all linked cases to one High Court to ensure faster justice.

    The Task Force meeting had been informed that a total of 62 cases had been filed in different Courts and 29 cases had been transferred by various courts to Delhi by July-end. There were no such cases in twenty states, the Task Force was told. Of the 62 cases, 12 had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    While the Andhra Pradesh and Telengana High Court had given orders extending the deadline of 31 December 2015 for Phase III, the Bombay High Court had referred to the Kusum Ingots judgment which had said that if similar situation prevails in all states, then the stay can be pan-India. This was because the plea taken in all High Courts was shortage of set top boxes.

    But for the first time, the Ministry had admitted that the Law Ministry had observed that the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all lndia applicability”. For that reason, the I and B Ministry had in fact asked its counsel not to oppose the stay or extension orders in the High Courts.

    indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’

    However, the Ministry later approached the apex court with a plea for transfer of all similar cases to one High Court and the apex court had asked Delhi to handle these cases and directed notices to be sent to all other High Courts to forward the files to Delhi.

    The I and B Ministry will attempt to get a vacation of stay or extension of deadline in the various courts. The Ministry may also attempt to get orders directing all broadcasters, multi-system operators and local cable operators to transmit or receive signals only on signing of inter-connect agreements as stipulated by the Telecom Regulatory Authority of India.

    Meanwhile, Secretary Ajay Mittal in the last Task Force meeting reiterated that it was firm on Phase IV of digital addressable systems for cable television to commence on 31 December this year.

    He cautioned that MSOs and LCOs should desist from transmitting or re-transmitting un-authorized TV channels which are not permitted by the Ministry. He informed that the Ministry has written to all the district collectors/magistrates in this regard to take action under the law against those who are violating the law.

  • All Phase III DAS cases to be heard by Delhi High Court early next month

    All Phase III DAS cases to be heard by Delhi High Court early next month

    NEW DELHI: The Babus in the Information and Broadcasting Ministry would certainly breathe a sigh of relief with Dellhi High Court having fixed the hearing of the large volume of cases relating to the third phase of digital addressable system pending in different High Courts for early next month.

    Although the last Task Force Meeting of 26 July had been informed that the cases would be heard from 13 September 2016, Indian Broadcasting Foundation sources told indiantelevision.com that these have been pre-poned to 7 and 8 September 2016. Notices have already been issued to the Ministry as well as the petitioners in various cases.

    While a bulk of the cases will be heard on the first day by Justice Sanjeev Sachdeva, two cases which had been heard by Division Benches in the High Courts – Digiana Systems and Om Network – will be heard on 8 September by a division bench of the High Court comprising Chief Justice G Rohini and Justice Sangeeta Dhingra. .

    The single-bench cases include those by AP MSOs Welfare Federation, Federation of Telangana MSO, Bhima Riddhi Digital Services, Multi System Operator Welfare Association, Rohtak Cable Operators Association, Sai Big Star Welfare Association, Shyam Baba Cable Network, Bharat Digital Cable Network, Nashik Zilla Cable Operators Association and Yogesh Cable Networks.

    This follows acceptance of a petition by the Information and Broadcasting Ministry to the Supreme Court asking it to transfer all linked cases to one High Court to ensure faster justice.

    The Task Force meeting had been informed that a total of 62 cases had been filed in different Courts and 29 cases had been transferred by various courts to Delhi by July-end. There were no such cases in twenty states, the Task Force was told. Of the 62 cases, 12 had been disposed off by respective courts and 3 cases had been withdrawn by the petitioners.

    While the Andhra Pradesh and Telengana High Court had given orders extending the deadline of 31 December 2015 for Phase III, the Bombay High Court had referred to the Kusum Ingots judgment which had said that if similar situation prevails in all states, then the stay can be pan-India. This was because the plea taken in all High Courts was shortage of set top boxes.

    But for the first time, the Ministry had admitted that the Law Ministry had observed that the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all lndia applicability”. For that reason, the I and B Ministry had in fact asked its counsel not to oppose the stay or extension orders in the High Courts.

    indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’

    However, the Ministry later approached the apex court with a plea for transfer of all similar cases to one High Court and the apex court had asked Delhi to handle these cases and directed notices to be sent to all other High Courts to forward the files to Delhi.

    The I and B Ministry will attempt to get a vacation of stay or extension of deadline in the various courts. The Ministry may also attempt to get orders directing all broadcasters, multi-system operators and local cable operators to transmit or receive signals only on signing of inter-connect agreements as stipulated by the Telecom Regulatory Authority of India.

    Meanwhile, Secretary Ajay Mittal in the last Task Force meeting reiterated that it was firm on Phase IV of digital addressable systems for cable television to commence on 31 December this year.

    He cautioned that MSOs and LCOs should desist from transmitting or re-transmitting un-authorized TV channels which are not permitted by the Ministry. He informed that the Ministry has written to all the district collectors/magistrates in this regard to take action under the law against those who are violating the law.

  • Siti Networks says price revision benefits will accrue in second half

    Siti Networks says price revision benefits will accrue in second half

    MUMBAI: DAS paralysis in phase III markets is having an impact on Siti Networks (Siti Cable) performance. This was revealed by CEO V. D. Wadhwa to CNBC TV18 today.

    Speaking to the business news channel, he said that Siti Networks target was to roll out an additional five million boxes in the ongoing year. But this would not be likely met as “Phase-III digitisation is currently on hold and because the matter is subjudice in Delhi High Court, so it has been delayed. So, it all depends on that, but we are hoping that if the matter gets decided by the court in the next one or two months, we should still be able to deliver our original target, otherwise there will be some shortfall.”

    Vadhwa informed CNBC TV18 that the company has set its sights on 250,000 broadband subscribers (currently 130,000) by March 2017 and around 200,000 plus subscribers for its 57 HD channel bouquet. The company had hoped to hit 300,000 HD subscribers but has had to scale back its numbers as the HD market “is not moving the way we expected the it to grow. We are carrying the inventory; we are carrying the content but we have pulled back on our HD subscriber numbers.”

    He pointed out the benefits of the price revision that company has resorted to will be felt in the second half of the year. “Earlier we were operating with four packages. Now we have reduced the packages and now total three package is there. Basic package and then the royal and magnum package. So, the price increase at the consumer level is in the range of weighted average, roughly Rs 40 increase in the prices and we are targeting that at least half of this should flow back to us. At least Rs 15-20 is what we are targeting that should flow back to the company. So it has just happened in the month of July. In some market it has been revised in the month of July. Balance, it is getting revised in the month of August itself.”

  • Siti Networks says price revision benefits will accrue in second half

    Siti Networks says price revision benefits will accrue in second half

    MUMBAI: DAS paralysis in phase III markets is having an impact on Siti Networks (Siti Cable) performance. This was revealed by CEO V. D. Wadhwa to CNBC TV18 today.

    Speaking to the business news channel, he said that Siti Networks target was to roll out an additional five million boxes in the ongoing year. But this would not be likely met as “Phase-III digitisation is currently on hold and because the matter is subjudice in Delhi High Court, so it has been delayed. So, it all depends on that, but we are hoping that if the matter gets decided by the court in the next one or two months, we should still be able to deliver our original target, otherwise there will be some shortfall.”

    Vadhwa informed CNBC TV18 that the company has set its sights on 250,000 broadband subscribers (currently 130,000) by March 2017 and around 200,000 plus subscribers for its 57 HD channel bouquet. The company had hoped to hit 300,000 HD subscribers but has had to scale back its numbers as the HD market “is not moving the way we expected the it to grow. We are carrying the inventory; we are carrying the content but we have pulled back on our HD subscriber numbers.”

    He pointed out the benefits of the price revision that company has resorted to will be felt in the second half of the year. “Earlier we were operating with four packages. Now we have reduced the packages and now total three package is there. Basic package and then the royal and magnum package. So, the price increase at the consumer level is in the range of weighted average, roughly Rs 40 increase in the prices and we are targeting that at least half of this should flow back to us. At least Rs 15-20 is what we are targeting that should flow back to the company. So it has just happened in the month of July. In some market it has been revised in the month of July. Balance, it is getting revised in the month of August itself.”

  • Tata Sky gets favorable court order against YouTube

    Tata Sky gets favorable court order against YouTube

    MUMBAI: An Indian court has provided relief to Indian DTH TV operator Tata Sky. It had approached the Delhi high court last month with a plea that the video sharing site YouTube should take down user generated videos which taught viewers how to hack the encryption of its set top boxes. Tata Sky had also demanded that the latter should respond promptly to complaints about illegal videos. YouTube had responded that it could have responded to the DTH operators complaint had it been less vague.

    The court ruled in its favour, according to a report in the Times of India. “In terms of Rule 3(1)(e) of the Information Technology Intermediaries Guidelines, YouTube is obliged not to host content that violates any law for the time being in force,” Justice S Muralidhar said.

    The court also said that in cases where YouTube would be required to act immediately, it should not insist upon the complainant to demonstrate that the complaint falls in the categories identified by it for taking action.

    Even as YouTube told the court that it had pulled down the offending Tata Sky videos, others continue to be present on the video platform. One describes how users can hack Airtel and Dish TV India STBs by using software on a pen drive.Another one talks about hacking into a Dish TV box by using a code.

  • Tata Sky gets favorable court order against YouTube

    Tata Sky gets favorable court order against YouTube

    MUMBAI: An Indian court has provided relief to Indian DTH TV operator Tata Sky. It had approached the Delhi high court last month with a plea that the video sharing site YouTube should take down user generated videos which taught viewers how to hack the encryption of its set top boxes. Tata Sky had also demanded that the latter should respond promptly to complaints about illegal videos. YouTube had responded that it could have responded to the DTH operators complaint had it been less vague.

    The court ruled in its favour, according to a report in the Times of India. “In terms of Rule 3(1)(e) of the Information Technology Intermediaries Guidelines, YouTube is obliged not to host content that violates any law for the time being in force,” Justice S Muralidhar said.

    The court also said that in cases where YouTube would be required to act immediately, it should not insist upon the complainant to demonstrate that the complaint falls in the categories identified by it for taking action.

    Even as YouTube told the court that it had pulled down the offending Tata Sky videos, others continue to be present on the video platform. One describes how users can hack Airtel and Dish TV India STBs by using software on a pen drive.Another one talks about hacking into a Dish TV box by using a code.