Supreme Court of India
Saregama India Limited v. Next Radio Limited & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that an exercise of judicial re-writing of a statutory rule is unwarranted in the exercise of the jurisdiction under Article 226 of the Constitution, particularly in interlocutory proceedings.
Judgment, page 15
From the headnote
Constitution of India: Art. 226 – Writ jurisdiction, scope of – Judicial rewriting, permissibility – Held: Writ court is entrusted by the Constitution of the power of judicial review – In the discharge of its mandate, the court may evaluate the validity of a legi slation or rules made under it – However, the court in exercise of judicial review cannot supplant the terms of the provision thro ugh judicial interpretation by re-writing statutory language – In the instant case, High Court by interim order modified the operation of Rule 29 of the Copyright Rules by stipulating that the particulars
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