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The <keyword id="6355014" type="ORGANIZATION" weightage="100" keywordseo="Delhi-High-Court">Delhi High Court</keyword> has dismissed a plea by a group of international publishers seeking to put a ban on photocopying textbooks by the shops and kiosks around <keyword id="6360099" type="ORGANIZATION" weightage="20" keywordseo="Delhi-University">Delhi University</keyword>. While the verdict comes as a shocker for <keyword id="30725" type="ORGANIZATION" weightage="20" keywordseo="Oxford-university">Oxford University</keyword> Press, <keyword id="67350" type="ORGANIZATION" weightage="20" keywordseo="Cambridge-University">Cambridge University</keyword> Press and Taylor &amp; Francis, the students’ community at the university are quite elated. One of the students, <keyword id="824043" type="COMPANY" weightage="20" keywordseo="Business-Insider">Business Insider</keyword> spoke with, <keyword id="349608" type="PERSON" weightage="20" keywordseo="Megha-Jain">Megha Jain</keyword> of the department of Physics said, “It’s a great relief for us. Most of the books are priced above Rs 2000 and it’s simply not possible to buy all books. Even if the libraries have them it’s not possible to carry them home and study. Photocopy shops were often scared to get books copied out of fear. Now we can study better.” 
 “The plea is dismissed,” said Justice <keyword id="209895" type="PERSON" weightage="20" keywordseo="Rajiv-Sahai-Endlaw">Rajiv Sahai Endlaw</keyword>. The 94-page verdict infers that photocopying and making course packs for educational use by students are not in violation of intellectual property rights and the Copyright Act of 1957. 
 It all started some four years backs when the publishers formed a group and brought a case of copyright infringement against one Rameshwari <keyword id="3665438" type="UNKNOWN" weightage="20" keywordseo="photocopy-service">Photocopy Service</keyword>, a licensed vendor in Delhi University’s North Campus. Earlier in October of 2012, a lower court had passed an interim stay order that banned photocopies of text books to be sold. Many photocopy services stopped copying such books for the fear of legal action. 
 
The verdict states that the advancement of technology has made photocopying an economic way to deal with high priced books. The court feels, the students can obtain course materials at a much lower price. 
 
While it’s a joy for students community in India, which run on budgeted money most of the time, the publishers feel this would impact the academia in India. A reputed publisher on condition of anonymity said that if this is the way, there is in no way publishers invest money in reprinting and bringing international books to India. It also says that the very purpose of publishing is defeated and publishers might choose to stick to online-only format where often the materials are available only through subscriptions. 
 
Cambridge University Press, Oxford University Press and Taylor&amp; Francis in a joint statement have said, “We brought this case to protect authors, publishers and students from the potential effects on the Indian academic and educational book market caused by the widespread creation and distribution of unlicensed course packs by a copy shop operating from within the premises of the university, where a legitimate and affordable licensing scheme is already in place. It is unfortunate that the court’s decision could undermine the availability of original content for the benefit of students and teachers.” 
 
(Image: India Times)

Happy students for sure, but this decision by the Delhi High Court will legalise book piracy in India and wipe out the publishing industry

The <keyword id="6355014" type="UNKNOWN" weightage="20" keywordseo="delhi-high-court">Delhi High Court</keyword> on Thursday sought responses from the central government and others on a petition that sought registration of same-sex marriages under the <keyword id="78211" type="PERSON" weightage="20" keywordseo="Hindu-Marriage-act">Hindu Marriage Act</keyword>. A Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon issued notices on the petition filed by Abhijit Iyer Mitra and posted it for hearing along with other similar petitions in January next. "Counter affidavits (responses) to be filed in 4 weeks. Rejoinder thereto, 4 weeks thereafter," the bench said. The plea said that nothing in the Hindu Marriage Act mandated that a marriage has to take place only between a Hindu man and a Hindu woman. It further pointed out that in 2018, the Supreme Court read down Section 377 of the Indian Penal Code, which criminalised homosexuality. "The non-recognition of the rights of gay couples, especially when their sexuality has been recognised as valid by the Supreme Court is violative of the Constitution as well as various conventions that India as a sovereign State is a signatory to," the petition stated. "... finally, the eponymous Golden Rule of Interpretation also states that plain meaning has to be imparted to words in a statute, unless such interpretation were to lead to an absurdity," it added.

Delhi High Court asks Centre to reply on plea for same-sex marriages in India

New Delhi, May 10 () A PIL has been filed in the Delhi High Court, seeking direction to the Centre and the AAP government to take steps for protection, social security and welfare measures, including food, accommodation and medicines, for sex workers and the LGBT community during the lockdown.The plea is scheduled to come up for hearing on Monday before a bench of justices Rajiv Sahai Endlaw and Sangita Dhingra Sehgal.The plea seeks effective measures to provide financial aid, food, shelter and medicines to sex workers and LGBT community members in Delhi to ensure their survival during the lockdown imposed to contain the spread of COVID-19 and to constitute a committee for rehabilitation of sex workers.Petitioner and advocate Anurag Chauhan said the PIL was filed for the welfare of sex workers and members of the LGBT community who do not have access to financial aid during the lockdown.The plea also seeks a direction to the authorities to take steps to exempt them from paying rent and also to set up a separate helpline to counsel them and address their problems during the period of the pandemic.The petitioner said he had given a representation to the Delhi chief minister and the lieutenant governor on May 2, highlighting the grievances of the sex workers and the members of the LGBT community but no steps were taken."There is no particulars or details found regarding grant of any financial aid and scheme to sex workers and LGBT community people by the Delhi government, despite exercise of due diligence by the petitioner and other people in the society," the plea said.It said the COVID-19 lockdown has adversely affected all sections of the society, be it rich or poor, and one such section was of sex workers, who are struggling everyday to survive as the present situation has led to a financial crisis and a lack of basic amenities for them. SKV HMP IJT

Lockdown: PIL in HC to take steps for protection, welfare of sex workers, LGBT members

New Delhi, Apr 9 () The Delhi High Court Thursday directed the jail authorities here to release on personal bonds all the undertrial prisoners (UTPs) who have been granted bail but are unable to furnish a surety bond.The direction was issued by a bench of Justices Rajiv Sahai Endlaw and Manoj Kumar Ohri to ensure the implementation of suggestions given by a high powered committee for release of UTPs to decongest jails to prevent spread of the coronavirus or COVID-19 pandemic, which has claimed 169 lives in India affected 5,865 people.The direction issued to the prison authorities, represented by Delhi government standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain, would be applicable to UTPs who were granted bail on or before April 7.With the direction, the bench disposed of the matter which it had initiated suo motu (on its own) on Thursday.The bench took up the issue as the committee, in a meeting held on Tuesday, had said that bail orders of such prisoners can be modified only by a judicial order from the Delhi High Court.The high powered committee, headed by Delhi HC judge Justice Hima Kohli, had in its meeting observed that there were several UTPs who were languishing in jail despite grant of bail as they could not furnish surety bonds.The committee, set up on Supreme Court's direction for identifying measures to decongest jails, was of the opinion that bail orders of such prisoners should be modified by a common judicial order as all of them cannot approach court in the prevalent situation.It had suggested that the bail orders of such prisoners be modified to do away with the condition of furnishing a surety bond and instead they be released on their personal bond, subject to the satisfaction of the Jail Superintendent. HMP SKV SA

COVID-19: Undertrial prisoners unable to give surety for bail be released on personal bonds, says HC

New Delhi, May 11 () The Delhi High Court was informed by the AAP government on Monday that the Sentence Review Board (SRB) meeting for considering eligibility of convicts for premature release is scheduled during the day.The Delhi government's submission came during the hearing on a petition seeking direction to the authorities to convene the SRB meetings frequently so that the eligible convicts are released early for decongesting jails to contain the spread of coronavirus pandemic.A bench of Justices Rajiv Sahai Endlaw and Sangita Dhingra Sehgal, conducting the hearing through video conferencing, declined to intervene in the matter at this stage noting that the High Powered Committee of the high court has already taken up the issue pursuant to the Supreme Court's direction.Advocate and activist Amit Sahni, who has filed the petition, said the court has granted him liberty to approach the committee for redressal of the issue raised in the plea.The court, which disposed of the plea, also asked the Delhi government to place the copy of its order before the committee for its consideration.The court was informed by the counsel for the Delhi government that the SRB meeting is scheduled to be convened during the day.To this, the petitioner said since after filing of this petition, the state government has convened the SRB meeting today itself, therefore, the authorities should be directed to deal with the issue raised here.The plea said the SRB had convened its first quarter meeting of this year on February 28 and its meeting for the second quarter is not convened till date.It has sought direction to the authorities to convene the second quarter meetings of the board immediately as it is expedient in the interest of justice in view of the COVID-19 pandemic.The petition also sought direction to the authorities to "convene meetings of SRB more frequently as provided in the rules of Delhi Prison Rules, 2018 to ensure that cases of convicts, who qualify the parameters as determined by the government are considered more frequently in the pandemic of Covid-19, to de-congest Jails under the respondents" and to fructify the directions of the Supreme Court and the high court.Delhi government's SRB reviews jail terms awarded and makes recommendations for premature release in appropriate cases. The panel, chaired by Delhi Home minister, comprises principal secretary (Home), principal secretary (law), director general (prisons), joint commissioner of police (crime), chief probation officer and a district judge.As per the rules, SRB should meet atleast once in three months.Sahni had earlier filed a plea seeking direction to convene SRB meetings in a timely manner and the high court had directed the authorities to do it in accordance with the provisions of the law.Thereafter, a contempt petition was filed and after the court issued notice seeking the stand of the authorities, SRB convened its first quarter meeting in February, he said. SKV HMP SA

COVID 19: SRB meeting to release convicts scheduled for today, Delhi govt tells HC

New Delhi, Jun 23 () Air Force civilian cooks, who have to stay away from their families 28 days in a month including 14-day quarantine, cannot be permitted to return home after duty hours every day as they are likely to bring COVID-19 infection on reporting back for duty which will endanger the Air Force personnel, the Delhi High Court has said. A bench of Justices Rajiv Sahai Endlaw and Asha Menon, conducting hearing through video conferencing, said the cooks cannot seek enforcement of employment terms as in the normal times when the entire country is going through abnormal situation. The court passed the order while disposing of a petition by the All India Association of Air Force Civil Cooks in which they said that during the coronavirus pandemic, they are being made to live at the Air Force station of their posting and a roster of 14+14+7 is being followed. For the first 14 days they are kept in quarantine, next 14 days they are made to work as cooks and thereafter, they are given 7 days to go home after which, the same roster commences, the plea said. The plea contended that they are thus being forced to stay away from their homes for 28 days in a month and out of which, for 14 days their services are not utilised, by keeping them quarantined. "It appears to us that the petition has been filed without regard to the prevalent circumstances and the large scale loss of employment and resultant hardships being faced by those without assurance of employment. "The members of the petitioner (association) though having surety of employment are making grievances of inconveniences allegedly being suffered by them, again forgetting that the members of the petitioner, as cooks, if permitted to return to their respective residences after duty hours every day, are likely to bring with them the COVID-19 infection, when reporting back for duty, endangering the personnel of the Air Force," the bench said. The court said it was unable to see as to how the civilian cooks of the Air Force, who are described as Group 'C' non-industrial employees of Air Force, are entitled to be treated as 'Corona Warriors' and the benefits thereof. "While working in the kitchen at the Air Force Stations, the members of the petitioner cannot be said to be exposed in any manner to the coronavirus, to claim themselves to be 'frontline workers' as the counsel for the petitioner argues. We are thus not satisfied that any ground for entertaining the petition is made out," it said. The court also did not agree with the prayer that the cooks be allowed to quarantine for 14 days at their respective residences. Regarding the petitioner's grievance that the cooks were being charged for their meals during their stay at the Air Force Stations, the court asked the authorities to explore a better arrangement for it or if the charges for the meals could be dispensed. The counsel for the Central government said he has no instructions but will convey this order to the authorities to consider, in consultation with the cooks at each Station, whether any better arrangement as per exigencies can be worked out. "We do not find any merit in the petition. We dispose of the same requesting the respondents to, either centrally or regionally or at each station, hold consultations with the representatives of the members of the petitioner and to explore if any other arrangement, satisfactory to the members of the petitioner, can be worked out. However merely because this direction has been issued, would not confer any right in the petitioner or its members," the bench said. SKV HMP SA

Air Force civilian cooks can't be allowed to go home after duty, likely to bring back COVID-19, says HC

New Delhi, May 12 ()The Delhi High Court has expressed concern over the suggestion relating to home delivery of alcohol through food delivery platforms saying it would be "fraught with security and safety issues". "The possibility of alcohol being snatched during transit cannot be ruled out. The possibility of home delivery of alcohol, distribution whereof till now is largely in the hands of State, would also increase the possibilities of adulteration of alcohol, also resulting in loss of life."It appears that transit of alcohol from home to home would have to be in the same manner and style as transit of cash between banks and between banks and ATMs," a bench comprising Justices Rajiv Sahai Endlaw and Sangita Dhingra Sehgal observed. The remarks were made by the bench, which on Monday, also asked the Centre and the Delhi Government, to take a decision "at the earliest" with regard to sale of alcohol and ensuring there is no crowding outside liquor vends during Covid-19 pandemic.It asked them to consider suggestions, like online sale of alcohol, discussed during the hearing of several petitions against the crowding outside liquor vends.The bench also expressed it displeasure over the conduct of people when the liquor shops were opened during the lockdown and said delivering it to homes through platforms like Zomato "would be fraught with security and safety issues". Some of the other suggestions that were made during the hearing were opening of all the liquor vends in the national capital, and providing information about available liquor brands at a store to a customer at the time of applying for e-token.Delhi government standing counsel Ramesh Singh and central government standing counsel Amit Mahajan told the court they were looking into online sale of liquor and how to implement it, as presently it is not permitted under the Excise law and rules.The bench said any delay on the part of the Centre and Delhi government in coming with a solution "can exacerbate the problem of crowding outside liquor shops" and would increase probability of spreading COVID-19 as each day more and more people will come in close contact with each other."Moreover, it is not as if the problem is of a permanent nature, solution whereof can be devised at leisure. The problem is perhaps of a few days more in as much as once the patrons of alcohol are satisfied that there would be no further closure, the crowding outside liquor shops is likely to disappear," the high court opined.The bench asked the Centre and Delhi government to take a decision at the earliest "so that more damage than has already been done is not caused and so that the decision taken, serves the need of the hour".During the hearing, Singh told the court that instructions have been issued by Delhi government to the liquor vends to ensure social distancing by having separate queues for those approaching to purchase liquor along with the e-tokens and those approaching without e-tokens.The bench, however, was of the opinion that the instructions were issued "without regard to the location and position of the liquor vends". "It appears to us that considering the location and position of most of the liquor vends in the city, it is not possible to maintain social distancing as has been prescribed and the instructions stated to have been issued will not serve any purpose and will remain on paper only. "Most of the liquor vends open on and have delivery counter facing the road and do not permit entry of any person therein except the staff deployed for selling. The roads on which the vends are situated also do not permit of any prescribed social distancing to be maintained," it said. HMP SKV RKS RKSRKS

COVID-19:HC expresses concern over home delivery of alcohol

Hearing a defamation suit filed against the administrator of a <keyword id="790242" type="UNKNOWN" weightage="20" keywordseo="WhatsApp">WhatsApp</keyword> chat group, Vishal Dubey, the <keyword id="6355014" type="ORGANIZATION" weightage="20" keywordseo="Delhi-High-Court">Delhi High Court</keyword> said the administrators of WhatsApp, and other social networking services cannot be held guilty of defamation if the members of the group post libellous and obscene messages. 
 
Justice Rajiv Sahai Endlaw dismissed the defamation suit by saying, “I am unable to understand as to how the administrator of a group can be held liable for defamation, even if any, by the statements made by a member of the group. To make an administrator of an online platform liable for defamation would be like making the manufacturer of the newsprint on which defamatory statements are published liable for defamation.” 
 
“When an online platform is created, the creator thereof cannot expect any of the members thereof to indulge in defamation, and defamatory statements made by any member of the group cannot make the administrator liable,” said the judge. 
 
He also said the group administrators are not required to, or empowered to, filter all the messages before they are posted. 
 
“It is not as if without the administrator’s approval of each of the statements, the statements cannot be posted by any of the members of the group on the said platform,” said the court. 
 
The defamation suit was registered against the administrator of a chat group, Vishal Dubey. Various agitated buyers of a housing project in Gurgaon district had posted messages on the group, posting their grievances in delay in getting possession of their flats. 
 
Some of these messages targeted Ashish Bhalla, who was earlier associated with a real estate firm that had launched the project. Bhalla then filed a defamation suit in the high court, accusing members of the groups of defaming him and maligning his image, especially when he was not associated with the housing project anymore.

WhatsApp group administrator not liable for content, not required to filter messages before being posted: Delhi High Court

Two law students had recently filed a suit against <a href="http://www.businessinsider.in/searchresult.cms?query=FoodPanda+">FoodPanda </a>complaining of inflated <keyword id="1625634" type="UNKNOWN" weightage="20" keywordseo="value-added-taxes">Value Added Taxes</keyword> in their food bills. Now, <keyword id="6355014" type="ORGANIZATION" weightage="20" keywordseo="Delhi-High-Court">Delhi High Court</keyword> has taken a serious note on the matter. 
 The Delhi High Court has asked the state government to look into the issue and investigate the charges. As per the order issued by Justice Rajiv Sahai Endlaw, the Department of Trade and Taxes has been given a time of three weeks to investigate the matter. If these allegations turn out to be true, the department will take an action against <keyword id="1666592" type="UNKNOWN" weightage="20" keywordseo="Foodpanda">Foodpanda</keyword> within three months. 
 
FoodPanda’s CEO Saurabh Kochhar, however, has denied these reports about Delhi High Court ordering probe into the matter. Kochhar says that the company had not received any notification about the <a href="http://www.businessinsider.in/searchresult.cms?query=Delhi+High+Court">Delhi High Court</a> ordering a probe into alleged inflation of food bills by the company. 
 Pranav Jain and Aroon Menon, final year law students, had earlier informed the court about unstructured tax process practiced by eateries and online food aggregators. Both students, with the help of their representative – former union minister and senior lawyer <keyword id="43940" type="PERSON" weightage="20" keywordseo="P-Chidambaram">P Chidambaram</keyword> – have informed the court about malpractices by online food aggregators. 
 
The duo also informed about their website – kitnatax.com – which they have designed to calculate the exact amount payable for a meal in a restaurant or food delivered at their doorsteps. 
 
The petition filed by the duo says that "over the course of time and usage of the website and application (app), it was discovered that numerous customers of Foodpanda website or app were being charged tax that were wrongly calculated leading to customer paying more to FP than was actually required as per law." 
 
While explaining the matter to the court, Chidambaram, along with advocate Naman Joshi, said that his clients placed orders at two different occasions from two separate eateries and received bills in which VAT calculations were wrong. They did raise the matter with Foodpanda, but when their pleas elicited no response, they decided to approach the court. 
Image: thinkstock

You Searched For "Rajiv Sahai Endlaw" and got 9 results

Happy students for sure, but this decision by the Delhi High Court will legalise book piracy in India and wipe out the publishing industry

Suchayan Mandal

Delhi High Court asks Centre to reply on plea for same-sex marriages in India

IANS

Lockdown: PIL in HC to take steps for protection, welfare of sex workers, LGBT members

PTI

COVID-19: Undertrial prisoners unable to give surety for bail be released on personal bonds, says HC

PTI

COVID 19: SRB meeting to release convicts scheduled for today, Delhi govt tells HC

PTI

Air Force civilian cooks can't be allowed to go home after duty, likely to bring back COVID-19, says HC

PTI

COVID-19:HC expresses concern over home delivery of alcohol

PTI

WhatsApp group administrator not liable for content, not required to filter messages before being posted: Delhi High Court

BI India Bureau

FoodPanda caught in a legal soup. Delhi HC orders probe.

BI India Bureau

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