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may 2012

Supreme Court of India · 2012-05-03

SUPER CASSETTS INDUSTRIES LTD. vs MUSIC BROADCAST PVT. LTD.

Citation / case number
SC 2011/29281
Court
Supreme Court of India
Petitioner
SUPER CASSETTS INDUSTRIES LTD.
Respondent
MUSIC BROADCAST PVT. LTD.
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,SURINDER SINGH NIJJAR,J. CHELAMESWAR

Judgment text excerpt

The Supreme Court addressed the issue of whether the Copyright Board can issue an interim order under Section 31 of the Copyright Act, 1957, while a complaint is pending. The Court held that the Copyright Board has the authority to grant an interim compulsory licence even when the main complaint regarding the refusal of the copyright owner is under consideration. The Court upheld the Delhi High Court's decision that an interim licence is necessary when there is a dispute over the quantum of the licence fee, thereby reversing the Copyright Board's earlier ruling that it lacked such power.

SUPER CASSETTS INDUSTRIES LTD. vs MUSIC BROADCAST PVT. LTD. · Niyam