IPRMENTLAW WEEKLY HIGHLIGHTS (FEB 17-23)

0
358

JABRA FAN: NATIONAL CONSUMER COMMISSION RULES EXCLUSION OF SONG FROM MOVIE WHEN IT WAS INCLUDED IN TRAILER TO BE UNFAIR TRADE PRACTICE

NCDRC has held that, including a song in the promos and trailers of the movie when it is not part of the actual movie results into unfair trade practice.

With this observation, Justice VK Jain directed Yash Raj Films to pay a sum of Rs 10,000 as compensation to the Petitioner, who was disappointed by the song ‘Jabra Fan’, not being in the Shah Rukh Khan-starrer ‘Fan’ even after it was included in the trailer

The commission stated that the purpose of including the song in the promo but not in the actual movie was to lure people into the cinema hall with the song.

The Commission further held that if the song is promised but is later not included while exhibiting the movie, then such an exclusion will result into a deficiency, as defined in Section (1)(g) of the Consumer Protection Act.

The NCDRC further held that when a producer of a movie shows the promos of the said movie on TV channels and such promos include a song, any person watching the promo would be justified in believing that the movie would contain the song shown in the said promos, unless the promo itself contains a disclaimer that the song will not be a part of the movie.

MAN DEMANDS ARREST OF RAVEENA TANDON, FARAH KHAN AND BHARTI SINGH FOR ‘HURTING’ RELIGIOUS SENTIMENTS

Last year, a man filed a complaint against actor Raveena Tandon, director Farah Khan and comedian Bharti Singh for hurting religious sentiments, has written to Mumbai Police demanding them to be arrested.

Shinde, who heads a local NGO, filed a complaint in December last year at Shivaji Nagar police station in Beed city against the three personalities under IPC Section 295 (hurting religious sentiments)

He alleged that they used the Biblical expression “Hallelujah” in an offensive way on Flipkart Video Original’s quiz show “Backbenchers”

Beed SP Harsh Poddar assured that necessary actions will be taken against the three personalities.

MOVIE ON GANGSTER DOESN’T HAVE CBFC CERTIFICATION: CENTRE TO HC

The Centre has told Punjab and Haryana high court that controversial movie “Shooter”, reportedly based on the life of gangster Sukha Kahlwan, does not have certificate for public viewing from Central Board of Film Certification (CBFC).

Gangster Kahlwan, who used to describe himself as “sharpshooter”, was allegedly involved in more than 20 cases, including murder, kidnapping and extortion. He was shot dead by on January 22, 2015 by Gangster Vicky Gounder  .

The High Court has asked Haryana and Chandigarh administration whether they want to ban the movie

Punjab has banned the movie on 9th February stating that it shows violence and also glorifies the gangster who has been allegedly involved in so many cases

ALLAHABAD HC DISMISSES PLEA TO REVOKE CITIZENSHIP OF AKSHAY KUMAR & ALIA BHATT, ASKS PETITIONER TO MOVE APPROPRIATE FORUM

Petitioner Lalta Prasad Pandey approached the Allahabad High Court stating that the government should seize the citizenship of both Akshay Kumar and Alia Bhatt as they have acquired the Citizenship of Canada and the UK, respectively. He believes that both of them should be asked to live in the country of which they are citizens and that they should only visit India on the Visa issued by the government.

Section 9 of the Indian Citizenship Act provides that any citizen of India who by naturalization or registration acquires the citizenship of another country shall cease to be a citizen of India.

The High Court dismissed the matter noting that the Petitioner failed to show that the cause of action arose within its territorial jurisdiction. As per the Article, 226 of the Indian Constitution, which states that high court has powers throughout  the territories in which it exercises jurisdiction

MADRAS HIGH COURT STAYS TAX OFFICIAL’S ORDER AGAINST A.R. RAHMAN

The Madras High Court has granted an interim stay on an order passed by a Commissioner of Goods and Services Tax (GST) and Central Excise on October 17 against music composer A.R. Rahman till March 4.

AR Rahman was accused of having evaded service tax payments from April 2013 to June 2017 amounting to ₹6.79 crores.  The Commissioner of GST and CE further levied a penalty of ₹6.79 on him. The Commissioner of GST and CE (Chennai South), K.M. Ravichandran had stated that the composer had evaded taxes on payments received by him. The order concluded that except for payments received directly by the composer in foreign currency for concerts organized abroad, all of his services including composing music for movies, royalties for public performances of his compositions and live concerts across the country were subject to service tax.

AR Rahman challenged this order before the Madras HC contesting that according to the Copyright Act, he was the sole owner of all his compositions. As per his agreement with the producers of the films that he had composed music for, the ownership of the compositions were transferred to the producers. Rahman stated that the transfer of rights is not liable to be taxed. He further contested that temporary transfer of copyright was exempt from service tax, citing a notification issued by the Centre on June 20, 2012.

LEAVE A REPLY

Please enter your comment!
Please enter your name here