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Delhi high court

22 January 2015

EffigyAs effigies burn, lawyers rail against Bedi, with ex-BJP and RSS members also complaining about not having been given BJP tickets in this election because of Bedi’s bias.

15 January 2015

Delhi high court Justice Sanjeev Sachdeva has banned advocate Deepak Khosla from filing matters or appearing in a number of Delhi courts by himself without another counsel.

25 December 2014

Nice suitHow can a first generation litigator survive? Advocate Dushyant Arora gives some handy tips.

18 December 2014

The Bar Council of India (BCI) would submit its report on the possible re-accreditation of Delhi University in the first week of January 2015, the BCI secretary told the Delhi high court today in a writ petition challenging the disaffiliation of Delhi University’s law schools, reported the Economic Times.

11 December 2014

SpicyIP reported that the Delhi high court yesterday banned the import of mobile phones by Chinese company Xiaomi, for infringing Ericsson’s patents, after Xiaomi did not respond to six communications from Ericsson.

Justice GP Mittal directed the customs authorities to ban the import of the phones and restrained Flipkart from selling the phones, reported PTI, saying: “I am satisfied that plaintiff has made out a prima facie case for grant of ad interim injunction in its favour. The balance of convenience also lies in favour of plaintiff and in the absence of an injunction order, plaintiff will suffer irreparable loss and injury.”

Xiaomi India head Manu Jain told Medianama: “While we haven’t received an official notice from the Delhi high court, our legal team is currently evaluating the situation based on the information we have.”

Ericsson had earlier used the same Standard Essential Patents (SEP) subject to FRAND (Fair, Reasonable and Non-Discriminatory) usage against Micromax, Gionee and Intex, with mixed success.

10 December 2014

While a case of cheating and violating lawful orders was yesterday lodged against global cab company Uber after one of its drivers was arrested for raping a woman, a plea was filed in the Delhi high court alleging that the company was doing business in the country without accountability to Indian laws.

Former Bharatiya Janata Party ideologue KN Govindacharya filed an application saying the failure to adhere to local laws resulted in “collapse of policing”.

Govindacharya sought legal action against the US-based cab service provider.

Filed through advocate Virag Gupta, the application said the first crucial eight hours, after police were informed about the rape, were spent in locating Uber’s office, as even senior police officers were clueless about how to contact the company since there were no contact or office details on the company website.

“Police had to download the app, book a cab and ask him to take them to their registered office, which was operated from a hotel room in Gurgaon where no one was present,” the application said.

“The only way to access data about the concerned cab was to get it from the New York office,” it said.

The application said more than 20 such taxi companies and thousands of other companies for various services were still operating and doing business in India without complying with various laws and court orders.

The application further alleged that Uber, an intermediary company, does not have a grievance officer, which was a legal mandate as per various direction of the high court.

The application said the high court Aug 23 last year had ordered internet companies to appoint a grievance officer to deal with complaints from any user or victim and display the details on their websites, but the central government failed to implement the same.

“The court passed various orders which have yet not been implemented by the government, thus Uber taxi service was able to perpetuate the illegal operations in India, which resulted in the tragic rape incident of a young MNC executive in Delhi,” it said.

“Uber, being intermediary, has never appointed a grievances officer as per above legal mandate and is doing huge business operations through 3,000 car drivers which reflects failure of collapse of governance in the country,” said Govindacharya, on whose plea the stipulation for the appointment of a grievances officer was passed.

Quoting a statement by Mumbai Service Tax Commissioner SK Solanki that Uber has “not paid a single penny towards service tax”, the application said: “These companies are also liable to pay service tax in India since they are giving the services and receiving the payment through credit cards.”