VidhiSangh

Supreme Court of India · 27/09/2021

SAREGAMA INDIA LIMITED versus NEXT RADIO LIMITED & ORS.

[2021] 9 S.C.R. 137 · 2021 INSC 554

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Summary

The Court set aside an interim order replacing advance broadcast particulars under the Copyright Rules with routine reporting up to fifteen days afterwards. Although courts may review and invalidate legislation or rules on proper grounds, they cannot rewrite their terms to create a regime considered more workable. The High Court had converted an exceptional reporting provision into the norm and extended its time limit. The merits of the broadcasters’ pending constitutional and ultra vires challenge were expressly left undecided.

Issues

  1. Whether the High Court could replace the prescribed broadcast-notice requirements with a different interim reporting regime.
  2. Whether the underlying validity challenge should be determined in these appeals.

Provisions considered

Held

Result

Appeals allowed; High Court interim order set aside. Merits of the pending validity challenge expressly left open; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 137.