Munish Kumar Garg
03 October 2009 at 19:15
Hello Sir
My client is a cable operator in the CITY and he is authorized to distribute/ telecast many channels that include COLORS CHANNEL, SONY etc and also he made agreement with the service providers for telecasting in the city. In this way my client is authorized to telecast the COLORS CHANNEL, SONY etc., and in the agreement made with the Channel Broadcasters he was authorized to take appropriate action if any unauthorized person distribute/ telecast the channels with their prior permission in the city.
As he got the information that person/ accused by tampering/ change the settings of the Set-top box (purchased by him in other 3rd person name of DISH TV network) transmits the channel in the city (the channels he transmit includes COLORS CHANNEL, SONY etc.) and he also telecast free to air channel by using Dish (total channel he telecasts is near about 60 channels). By tampering the Set-Top box he lease out connections in the different locality of the city on cheap rate basis and there is no record he made for distributing the channels. As per Cable Networks Act, a cable operator must be registered and then he can telecast the channels, but he does not even apply for registering himself till today as a cable operator under the Act.
NOTE: When we see the cable on our TV we sometimes notice that some code appears on the Screen (like this….. EJSJALLA7SA), as this code was the Subscriber card code which was embedded on every Set-Top Box Card which was inserted in the box and the Broadcaster sends the signal for verification that the set-top box is with the same user or not to whom they sell. But in this case what the accused had done, as he made some changes in the set-top box and the signal which the company sends was matched correctly with the box but that was not shown to the user who watches the cable at his home.
As he infringes the Copyright Act by transmitting the channels in the city under different sections of the above said Act. Actually what a cable operator to do for transmitting the channels he has to use the MODULATOR (it is device which breaks the encrypted channels in to decrypt form, which a cable operator receives from the CHANNEL BROADCASTER through satellite for transmitting the channel in the locality of the city). In my case what the accused had done he take the same process for transmitting the channels and he gets the channel to be distributed by passing through this MODULATOR device and as he infringes the Copyright Act.
The grievance I face by the act of the accused I made a complaint in the police and on this police made a Raid at one of the branch office of the accused and also I made a video of the raid which was conducted by the police. In my video I take the live video picture of the setup made by the accused for transmitting the channels and also the Set Top Box sets with the 3 dishes for receiving the signal from the broadcasters and the accused was taken in custody and he is on bail right now.
So what advice I want from the members in this site is that what more precautions like the documents, evidence for proving the offence and other Expert reports on different telecasting box/ parts. I have to take to make my case strong one and also if any member can refer me some good citations on this issue which I want as I am facing this one case first time, so I need good guidance in this case.
Also after he gets the bail he is still running the same illegal Cable Operator work in the city, so can anybody tell me that how can I restrict him from stopping the telecasting the cable in the city and what steps I have to take for heal up my lose.
Thanks
Munish Kumar Garg
03 October 2009 at 18:22
Hello Members
As i have to file some assignment in my law college but there i have to file a case decided by Hon'ble Supreme court of India given by minimum 9 or 11 judges bench on any Article on Constitution of India. But the case i want is to be not old before 2007.
If any member gives me some citation of 9 or 11 judges bench some recent one then that will be very thankful to them.
Thanks
DAMUKUMAR.S
03 October 2009 at 17:36
I am a lawyer. I am running my office at Kerala State Housing Board Building. whether I am liable to pay service tax.
DAMUKUMAR.S
03 October 2009 at 17:31
I am a lawyer. I am running my office at Kerala State Housing Board Building. whether I am liable to pay service tax.
D S N Murthy
03 October 2009 at 17:15
In Bangalore,can a power of attorney executed by the seller on Rs 100 stamped paper is acceptable ? The POA empowers the POA holder to execute sale deed for a specified immovable property. The Power of Attorney document is not registered but notarized. Can the POA holder represent the seller and execute the sale deed ?
b.s.aravinda babu
03 October 2009 at 16:34
Dear Sir,
Whether share capital of a private limited company be increased, when a notice for conducting of an EGM issued by one of the shareholders for removal of few directors, is pending?
Your reply would be highly solicited.
Regards
subrahmanyam
03 October 2009 at 13:53
sir,
I am having personal loan and credit card from xxx bank. I have not been paying the Emi and credit card due as I got loss in my business where I invested. I also do job which has very less salary I got a notice from bank I dont know wheather to take the notice or not. my residence was changed I come to know about the notice thru neighbours so please suggest what to do. I am not in a position to pay the due now.
ravinder
03 October 2009 at 13:11
it is noram practice in PS banks in India to get the account introduced by an existing account holder. if an existing account holder introduces an account what is his liability ? any case laws on this subject?
Amandeep Singh
03 October 2009 at 13:07
Two properties were divided among three brothers after the death of my father Gurcharan Singh under the Arbitration Award. One property of Ludhiana came to my share and the second property of Mohali went jointly to my two brothers.ONE of my brother filed an objection petition under section34 for setting aside the award on the following ground,
1. that he has invested seven lac for
reconstruction of Ludhiana house.
that i had orally promised to pay twelwe lac on issue of TS 1 from MUNICIPAL CORP.a
AFTER that a compromise deed was signed where it was agreed that I will sell the house and pay Rs.549,000 to my brother and the compromise deed is read as under
That on receipt of RS.549000 ALL THE CLAIMS OF KULJIT SINGH IN RESPECT OF THE DECEASED GURCHARAN SINGH FATHER OF THE OBJECTER SHALL BE FULLY SETTLED.
I make it clear that the amount of seven lac and 12 lac is without any documentry proof andI THINK THAT IT WAS A GROUND FOR SETTING ASIDE THE AWARD AND THESE WERE NOT CLAIMS.
It is also mentioned that it is the part and parcel of the ARBITRATION award signed by two witnesses in which one witness is arbitrator.
I ALSO NEED ADVICE THAT AT THE TIME OF SIGNING THE COMPROMISE DEED MY COMPLAINT WAS LYING WITH THE POLICE AUTHRITESWHERE IT WAS WRITTEN THAT IF ANY THING HAPPENS TO ME MYBROTHER WILLBE RESPONSIBE AND ALSO MY TREATMENT FOR DEPRESSION IN THE PSYCHIATRY DEPTT AND ALSO I REMAINED ADMITTED TO PSY WARDAFTER THREE MOTHS OF SIGNING THE DEED.
PLEASE ADVICE THAT COMPROMISE DEED CAN BE SET ASIDE ON THE ABOVE GROUNDS.
SECONDLY IF THE DEED IS IMPLEMENTED WHETHER I HAVE T0 PAY MY BROTHER Rs,549000 or more
It is requested that detailed reply be given.
Cable Case Problem
Hello Sir
My client is a cable operator in the CITY and he is authorized to distribute/ telecast many channels that include COLORS CHANNEL, SONY etc and also he made agreement with the service providers for telecasting in the city. In this way my client is authorized to telecast the COLORS CHANNEL, SONY etc., and in the agreement made with the Channel Broadcasters he was authorized to take appropriate action if any unauthorized person distribute/ telecast the channels with their prior permission in the city.
As he got the information that person/ accused by tampering/ change the settings of the Set-top box (purchased by him in other 3rd person name of DISH TV network) transmits the channel in the city (the channels he transmit includes COLORS CHANNEL, SONY etc.) and he also telecast free to air channel by using Dish (total channel he telecasts is near about 60 channels). By tampering the Set-Top box he lease out connections in the different locality of the city on cheap rate basis and there is no record he made for distributing the channels. As per Cable Networks Act, a cable operator must be registered and then he can telecast the channels, but he does not even apply for registering himself till today as a cable operator under the Act.
NOTE: When we see the cable on our TV we sometimes notice that some code appears on the Screen (like this….. EJSJALLA7SA), as this code was the Subscriber card code which was embedded on every Set-Top Box Card which was inserted in the box and the Broadcaster sends the signal for verification that the set-top box is with the same user or not to whom they sell. But in this case what the accused had done, as he made some changes in the set-top box and the signal which the company sends was matched correctly with the box but that was not shown to the user who watches the cable at his home.
As he infringes the Copyright Act by transmitting the channels in the city under different sections of the above said Act. Actually what a cable operator to do for transmitting the channels he has to use the MODULATOR (it is device which breaks the encrypted channels in to decrypt form, which a cable operator receives from the CHANNEL BROADCASTER through satellite for transmitting the channel in the locality of the city). In my case what the accused had done he take the same process for transmitting the channels and he gets the channel to be distributed by passing through this MODULATOR device and as he infringes the Copyright Act.
The grievance I face by the act of the accused I made a complaint in the police and on this police made a Raid at one of the branch office of the accused and also I made a video of the raid which was conducted by the police. In my video I take the live video picture of the setup made by the accused for transmitting the channels and also the Set Top Box sets with the 3 dishes for receiving the signal from the broadcasters and the accused was taken in custody and he is on bail right now.
So what advice I want from the members in this site is that what more precautions like the documents, evidence for proving the offence and other Expert reports on different telecasting box/ parts. I have to take to make my case strong one and also if any member can refer me some good citations on this issue which I want as I am facing this one case first time, so I need good guidance in this case.
Also after he gets the bail he is still running the same illegal Cable Operator work in the city, so can anybody tell me that how can I restrict him from stopping the telecasting the cable in the city and what steps I have to take for heal up my lose.
Thanks