SUPER CASSETTES INDUSTRIES LTD. versus MUSIC BROADCAST PVT. LTD.

SUPER CASSETTES INDUSTRIES LTD. versus MUSIC BROADCAST PVT. LTD.

Section 31 of the Copyright Act, 1957 contemplates only final relief by way of compulsory licence after hearing and inquiry; the Copyright Board does not have the statutory power to grant an interim compulsory licence during the pendency of a complaint, and granting such relief would amount to final relief at an interim stage, which is not permitted.

Parties
Appellant: Super Cassettes Industries Ltd.; Respondent: Music Broadcast Pvt. Ltd.; Lower Court: Delhi High Court
Jurisdiction
India
Judgment Date
04 May 2012
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From Delhi High Court Judgment
Outcome
Appeals allowed; impugned judgment and order of the Delhi High Court set aside.
Legal Topics
Compulsory Licence, Interim Orders, Powers of Copyright Board
Copyright Compulsory Licence Interim Orders Powers of Copyright Board

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Super Cassettes Industries Ltd.

Appellant

Music Broadcast Pvt. Ltd.

Respondent

Delhi High Court

Lower Court

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From Delhi High Court Judgment

Legal Issues

  1. 1 Whether the Copyright Board under s.31(1)(b) of the Copyright Act, 1957 can pass an interim order for compulsory licence in pending complaints

Ratio Decidendi

Section 31 of the Copyright Act, 1957 contemplates only final relief by way of compulsory licence after hearing and inquiry; the Copyright Board does not have the statutory power to grant an interim compulsory licence during the pendency of a complaint, and granting such relief would amount to final relief at an interim stage, which is not permitted.

Court Disposition

Appeals allowed; impugned judgment and order of the Delhi High Court set aside.

Orders

  • The Delhi High Court order directing Copyright Board to grant interim compulsory licence is set aside.
  • No order as to costs.