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Supreme Court of India 2021-09-27 allowed

Saregama India Limited vs Next Radio Limited & Ors

Bench: 2 — Dhananjaya Y Chandrachud, B V Nagarathna

In Brief

Saregama India Limited challenged a High Court interim order that modified the Copyright Rules 2013, Rule 29(4), which governs notice requirements for broadcasting copyrighted works under a statutory licensing scheme. The High Court had converted an exception into routine practice and extended the post-facto reporting period from 24 hours to 15 days. The Supreme Court held that judges cannot rewrite statutory rules through interpretation, even in interlocutory proceedings, merely because they consider an alternative regime more practicable. The Court approved the principle that judicial review cannot supplant statutory language and affirmed the High Court's limitations in legislative domains. The appeal was allowed and the interim order set aside, without prejudging the merits.

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Constitutional Law Intellectual Property Copyright Statutory Interpretation Judicial Review Administrative Law Delegated Legislation

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