Tag: The Bombay High Court

  • No claim on concept copyright, HC denies relief to Zee in case against Sony

    MUMBAI: The Bombay High Court has not granted relief to Zee Entertainment Enterprises, and dismissed the notice of motion in a commercial suit filed against Sony Pictures, alleging copyright infringement.

    Advocate Ravi Kadam represented Zee, whereas advocate VV Tulzapurkar represented defendant Sony and advocate Janak Dwarkadas appeared for defendant Frames Production.

    Zee had claimed that Sony Pictures Networks India had illegally copied its popular show India’s Best Dramebaaz, a talent hunt programme for child actors. Zee said Sony had infringed its copyright in its ““production bible” and concept note”. The said bible is a document that explains most aspects of production.

    After hearing both parties, Justice GS Patel read out the order. Justice Patel stated, “What Zee needs to be able to show is that there is something in its production bible, concept note or in its show that is utterly and identifiably original and that this has been copied by Sony. Zee must specify what precisely it claims to monopolize.”

    Zee had claimed that Frames had told Zee that it will not be pursuing this idea further. However, when in January 2017, Zee wanted to launch Season 3 of ‘Dramebaaz,’ Frames said they had “sold” the concept to Sony.

    Zee then complained to SPNI. Sony submitted before the court that it is, in fact, developing ‘Sabse Bada Kalakar’, a kids talent hunt programme for which it had its own production bible and concept note.

    Justice Patel finally said: “In my view, the manner in which the selections are made and the trajectories of the two shows are quite distinct. The fact that both feature children, the fact that both seek out children with acting talent, the fact that both seek out children with acting talent, the fact that they seek out children with acting talent from different cities, and the fact that they seek out the best of these is hardly something in which anyone can claim any copyright.”

  • HC seeks detailed govt order on Care World India’s week-long ban

    HC seeks detailed govt order on Care World India’s week-long ban

    NEW DELHI: The Bombay High Court today said the Information and Broadcasting Ministry’s order imposing a one-week ban against Care World India TV is not a ‘speaking order’ as it does not give details of the violations by the channel.

    In view of this, Justice M S Karnik said that the Ministry should withdraw the show cause notice to the channel and issue a fresh order detailing violations. It gave time to the counsel for the Government to get instructions and inform the court by 30 November 2016.

    Earlier, the court had extended the stay on the ministry order last week, after the TV channel informed the court that it wanted to amend its petition. The channel was required to satisfy the Court by today as to what amendments it wants to make.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show-cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order”.

    The ban had been put on the channel Care World from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the Court. 

    The judge also said in his order that the channel would not be permitted broadcast of this programme till its interim order was vacated.

    Also read:   Stay on Care World TV ban extended till 28 November

  • HC seeks detailed govt order on Care World India’s week-long ban

    HC seeks detailed govt order on Care World India’s week-long ban

    NEW DELHI: The Bombay High Court today said the Information and Broadcasting Ministry’s order imposing a one-week ban against Care World India TV is not a ‘speaking order’ as it does not give details of the violations by the channel.

    In view of this, Justice M S Karnik said that the Ministry should withdraw the show cause notice to the channel and issue a fresh order detailing violations. It gave time to the counsel for the Government to get instructions and inform the court by 30 November 2016.

    Earlier, the court had extended the stay on the ministry order last week, after the TV channel informed the court that it wanted to amend its petition. The channel was required to satisfy the Court by today as to what amendments it wants to make.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show-cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order”.

    The ban had been put on the channel Care World from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the Court. 

    The judge also said in his order that the channel would not be permitted broadcast of this programme till its interim order was vacated.

    Also read:   Stay on Care World TV ban extended till 28 November

  • Bombay HC orders Whisling Woods land to be handed over to Govt

    Bombay HC orders Whisling Woods land to be handed over to Govt

    MUMBAI: The Bombay High Court, in an order, has asked Whistling Woods head honcho Subhash Ghai to hand over to the government of Maharashtra the 20-acre land on which the film and television institute is situated.


    Passing the order a division bench of Chief Justice Mohit Shah and Justice Girish Godbole said, ” In the interest of justice, we direct respondent number 3 and 4 (Ghai and Whistling Woods) to vacate 14.5 acre area immediately which shall be resumed by the state government. The remaining 5.5 acre where the institute is constructed shall be taken over by the government on 31 July 2014 by when all the ongoing courses at the film institute shall be completed.”
     
    The Court was hearing a public interest litigation (PIL) filed by Rajendra Sontakke and four other agriculturists from Latur and Osmanabad districts.


    The honourable court has also restrained Whistling Woods from granting admissions to students for courses that will go beyond 2014.


    Reacting to the order, Ghai said: “We respect the High Court judgement and will appeal to the Supreme Court for our lawful rights. We are at no fault and have done nothing wrong. We had a legal joint venture in 2002 with Film City and us to use the land for building a world class Film and Media Institute which was challenged by a PIL in court after 10 years and we hope we will get full justice from the Supreme Court.”

  • Bombay HC refuses to stay release of Aarakshan

    Bombay HC refuses to stay release of Aarakshan

    MUMBAI: The Bombay High Court has refused to stay the release of Prakash Jha‘s film Aarakshan. It also said that there will be no special screening for anybody before its release next Friday.


    After hearing a petition filed by two advocates seeking a preview of the film, claiming that it was anti-reservation and could disturb peace and harmony, a division bench of Justices D D Sinha and A R Joshi passed the order.


    “We are of the view that the petitioner‘s prayers for special screening of the movie before its release are totally misconceived and wrong. Hence we are rejecting it,” said Justice Sinha, after which he adjourned the matter for further hearing on 22 August.
     
    The Court also refused to stay the release of the film on 12 August as sought by Advocate Sanghraj Rupwate who appeared for the petitioners.


    “It is not right to impose restraint on the movie‘s release. There is no ground to do so,” the Court observed.


    Since sometime, the film has been facing a flurry of protests by several political leaders over its alleged anti-quota stance.