Subscription To Legal Database Can't Be Construed Transfer Of Copyright, Subscription Fee Is Not Royalty: Delhi High Court

The Delhi High Court has held that subscription to legal databases cannot be construed as a transfer of copyright.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the subscription fees of the legal database LexisNex piad by an Indian subscriber neither comprise a transfer of copyright nor do they include a transfer of a right to apply technology...

CBSE Has No Right To Stop Student From Entering Exam Hall After Issuing Admit Card, Expected To Be Vigilant: Delhi High Court

The Delhi High Court on Monday observed that the Central Board of Secondary Examination (CBSE) is expected to be vigilant regarding the entitlement of the students to appear in the examination.Justice C Hari Shankar said that the CBSE has no right to stop a student from entering the examination hall, after issuing admit card. The court made the observations while allowing a Class X student to...

'No Different From You Or Me': Delhi High Court Calls For Using Term 'Differently Abled' For Persons With Disabilities

Observing that those who suffer from disabilities as recognized by the Rights of Persons with Disabilities (RPwD) Act, 2016, are no different from anyone, the Delhi High Court has said that the more appropriate term to use for such persons would be “differently abled” rather than “disabled”.“The RPWD Act, and all laws which strive to provide support to a person suffering from...

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167(2) of Code of...

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. Brief Facts: Steel Authority Of India Ltd. (“Petitioner”)...

Delhi High Court Refers Gautam Gambhir's Defamation Suit Against Punjab Kesari To Mediation

The Delhi High Court on Monday referred to mediation the defamation suit filed by former cricketer and BJP MP Gautam Gambhir against Hindi daily newspaper Punjab Kesari and its reporters. Gambhir filed the suit seeking to restrain the newspaper and its reporters from making any allegedly defamatory publication against him.Justice Dinesh Kumar Sharma referred the case for mediation after...

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. It held that there isn't a notice requirement under Section 11(6) of the Arbitration and Conciliation Act,...

AO Lacks Jurisdiction To Pass Draft Assessment Order In Absence Of " Any Variation In Income Or Loss ": Delhi High Court

The Delhi High Court has held that the AO, under Section 144C of the Income Tax Act, would have no jurisdiction to pass a draft assessment order in the absence of "any variation in the income or loss returned," which is prejudicial to the interest of the assessee.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that Section 144C of the Income Tax Act as...

[Unauthorized Pathological Labs] High Court Directs Personal Appearance Of Delhi Health Minister, Secretary On March 21

The Delhi High Court has directed the Delhi Health Minister and Health Secretary to appear personally before it on March 21 while hearing a batch of pleas concerning the issue of unauthorized pathological labs and diagnostic centers in the national capital. A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora took note of an email sent by Health...

Provide Assistance To Hazrat Baqi Billah Mosque's Imam, Ensure Unhindered Observance Of 'Shab-E-Barat': High Court To Delhi Police

The Delhi High Court has directed the Delhi Police to provide police assistance to the Imam of Masjid Dargah of Hazrat Khwaja Baqi Billah, situated in the city's Paharganj area, and to ensure that the festival of Shab-e-Baraat is carried out unhindered.Justice Mini Pushkarna ordered the Delhi Police to ensure that the Imam, Mohd. Arshad Ahmad is neither manhandled by any person nor caused...

Denying Benefits To Construction Workers Citing Their Failure To Pay Contribution To Renew Registration Is Incorrect: Delhi High Court

The Delhi High Court has ruled that denial of benefits to construction workers by the Delhi Building & Other Construction Workers Welfare Board on the ground that the worker has failed to pay contribution to renew his or her registration after the validity of the registration has come to an end is incorrect. “This Court holds that the worker shall continue to be entitled to benefits...

Delhi High Court Objects To Filing Of Appeal On Behalf Of 'Missing' Person, Says Such Practice Can Lead To Catastrophic Consequences

The Delhi High Court has recently objected to the filing of an appeal on behalf of a person who went missing even before the impugned order was passed by the trial court, observing that such practice, if allowed, can lead to catastrophic consequences. Justice C Hari Shankar observed that an appeal can be filed on behalf of a litigant only if he wants it to be filed and by a person whom...