It has been
held in the judgment of Saregama India Limited v. Balaji
Motion Pictures, 2019 SCC OnLine Del 10036, that even if a
judgment has been set aside by the appellate court at the
consent of the parties, or for whatever reason it maybe, the
judgment cannot be cited as a precedent.
In the absence of any contrary evidence led by the Defendants, it is
presumed that Sangeetha is the original owner of the Original Works and the
Plaintiff, being assignee of Sangeetha, is clearly has the copyright in the
Original Works as held in Super Cassettes (supra) and Saregama India
(supra).
41. This Court finds that in Saregama India Ltd. (supra), the defendants
did not deny infringement during the course of their arguments, whereas, in
the present case not only does the defendant no.3 not admit any
infringement whatsoever, but actually asserts all rights, title and interest
over the literary, dramatic and musical works embodied in the songs of the
cinematograph film 'Tridev' including the rights to exploit remixed
versions of the said songs in any other cinematograph film. Pertinently, the
defendant demonstrated or established such right by using such songs from
the said cinematograph film by incorporating remixed versions in the
cinematograph films 'Azhar' in the year 2016 and 'K.G.F: Chapter 1' in
2019. Thus, the said judgment may not apply to the facts arising in the
present case and the reliance is misplaced.