Microsoft Corporation vs Mr. Yogesh Papat And Anr. on 22 February, 2005
Moreover, penalties and offences wherever prescribed
require the prosecution to prove them without reasonable
doubt. Therefore, to say that civil alternative to an overloaded
criminal justice system is in public interest would be in fact to
sanction violation of the law. This can also lead to undesirable
results such as casual and unprincipled and eventually
disproportionate awards. Consequently, this court declares
that the reasoning and formulation of law enabling courts to
determine punitive damages, based on the ruling in Lokesh
Srivastava and Microsoft Corporation v. Yogesh Papat, 2005
(30) PTC 245 (Del) is without authority. Those decisions are
accordingly overruled.