copyright tribunal cannot grant interim relief
Tribunals discharging quasi-judicial functions and having the trappings of a Court, are generally considered to be vested with incidental and ancillary powers to discharge their functions, but that cannot surely mean that in the absence of any provision to the contrary, such Tribunal would have the power to grant at the interim stage the final relief which it could grant.
Supreme Court of India
Super Cassetts Industries Ltd. vs Music Broadcast Pvt. Ltd. on 3 May, 2012
Bench: Altamas Kabir, Surinder Singh Nijjar, J. Chelameswar
|REPORTABLE |1 Super Cassettes Industries Ltd. … Appellant
Vs.
2 Music Broadcast Pvt. Ltd. … Respondent
J U D G M E N T
ALTAMAS KABIR, J.
1. Leave granted.
2. The sole question for consideration in these appeals is whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint. Since, we shall be dealing with the said section throughout this judgment, the same is extracted hereinbelow :
“31. Compulsory licence in works withheld from public.-(1) If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright Board that the owner of copyright in the work-
https://www.lawweb.in/2012/05/copyright-tribunal-cannot-grant-interim.html
