100 Important Judgments Of Delhi High Court In 2023 [Part II]

LiveLaw reported 1357 judgments from Delhi High Court in 2023. Here are some of the important decisions:

1. Trial Courts Cannot Direct Foreign Nationals Be Sent To Detention Centre While Granting Them Bail: Delhi High Court

Title: EMECHERE MADUABUCHKWU v. STATE NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 470

The Delhi High Court has said that the trial courts cannot direct foreign nationals be sent to a detention centre while granting them bail in cases lodged against them here.

“In any event what must be clarified is that a Court or Magistrates or a Sessions Court cannot as part of enlarging foreign national on bail can also direct the said person to be sent to a detention centre. The Court is not competent to pass such a direction when granting bail as has been conclusively held in various decisions,” Justice Anish Dayal said.

2. Schools May Not Insist On Following 'Neighbourhood Criteria' Strictly For Admissions Under EWS Or DG Category: Delhi High Court

Title: TARUN KUMAR & ANR. v. THE PRINCIPAL HAPPY HOURS SCHOOL & ORS.

Citation: 2023 LiveLaw (Del) 474

The Delhi High Court has said that schools in the national capital may not insist upon following the “neighbourhood criteria” strictly in cases of admission under EWS or DG category, observing that it may not be possible for the Directorate of Education to follow such a criteria while allotting seats.

“This Court notes that in the present social milieu, the demand for admission under the EWS/DG category is much higher as compared to the number of seats that are available for allotment under the EWS/DG category. Therefore, if seats in a particular school are available under the EWS/DG category, then the DOE is required to allot such schools to the applicants who have applied for admission under the said category,” Justice Mini Pushkarna said.

3. Haj Pilgrimage Falls Within Ambit Of Religious Practice, Protected Under Article 25: Delhi High Court

Title: AL TAWAF HAJJ AND UMRAH TRAVEL AND TOURISM v. UNION OF INDIA and other connected matters

Citation: 2023 LiveLaw (Del) 503

The Delhi High Court has ruled that the Haj pilgrimage falls within the ambit of religious practice and is protected under Article 25 of the Constitution of India.

“Haj Pilgrimage and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India. Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic. The religious freedom of the person is guaranteed by the Constitution of India under Article 25,” Justice Chandra Dhari Singh observed.

4. Permissible To Change Surname To Avoid Prejudices Attached To A Particular Caste, Right To Life Includes 'Right To Identity': Delhi High Court

Title: SADANAND AND ANR. v. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS.

Citation: 2023 LiveLaw (Del) 509

Observing that right to identity is an intrinsic part of Article 21 of the Constitution of India, the Delhi High Court has said that it is permissible for an individual to change his or her surname to be not able to be identified with any particular caste “that may be a cause of prejudice” to such person. The change will not lead to advantage of any reservation or any other benefit that may be available to the adopted caste/surname, said the court.

5. Advocates' Office Run From Residence Not Subject To Property Tax As Business Building : Delhi High Court

Case Title: South Delhi Municipal Corporation Versus B N Magon

Citation: 2023 LiveLaw (Del) 535

Holding that the "professional activity" of lawyers cannot be seen as "commercial activity", the Delhi High Court held that an advocate's office run from a residential building is not subject to property tax under the Delhi Municipal Corporation Act as a "business building".

The division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain noted that the Master Plan for Delhi(MPD), 2021 permits professional activity in residential buildings, subject to certain conditions. However, the said provision of MPD, does not empower the Corporation to levy tax for professional activity being carried out from residential buildings.

6. Delhi High Court Dismisses PIL Challenging RBI's Decision To Withdraw Rs 2,000 Currency Notes From Circulation

Title: RAJNEESH BHASKAR GUPTA versus Reserve Bank of India & Anr.

Citation: 2023 LiveLaw (Del) 539

The Delhi High Court dismissed a public interest litigation challenging the Reserve Bank of India's decision to withdraw Rs 2,000 notes from circulation.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad rejected the plea moved by advocate Rajneesh Bhaskar Gupta.

The court observed that the RBI was well within its power to issue the Notification in question which is only a part of the “currency management system.”

7. Only Supreme Court Can Grant Furlough Under Delhi Prison Rules When Convict's Appeal Is Pending There: Delhi High Court

Title: BUDHI SINGH v. STATE OF NCT OF DELHI and other connected matters

Citation: 2023 LiveLaw (Del) 543

The Delhi High Court has ruled that where a convict's appeal against the conviction is pending before the Supreme Court, a direction to grant furlough under Delhi Prison Rules has to be necessarily taken from the Apex Court.

Rules 1199 and 1200 of the Delhi Prison Rules deal with the grant of parole and furlough to prisoners. Note 2 to Rule 1224 states that, "if an appeal of a convict is pending before the High Court or the period for filing an appeal before the High Court has not expired, furlough will not be granted and it would be open to the convict to seek appropriate directions from the Court."

8. Delhi High Court Directs NIC To Develop Software For Uploading Names Of Proclaimed Offenders On Online Portal

Case Title: NEETU SINGH v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 554

The Delhi High Court issued a slew of directions for implementing the project of uploading names and other details of proclaimed offenders and proclaimed persons on an online user-friendly portal.

Justice Talwant Singh, who retired last month, in the order dated May 25 directed the National Informatics Centre (NIC) to develop the necessary software and provide requisite infrastructure, web space and search facilities for the data, for implementing the project.

9. Anathema In This Age To Diminish Woman's Autonomous Status By Treating Her Merely As Husband's 'Adjunct': Delhi High Court On Property Rights Of Women

Title: SHRI CHARANJEET SINGH & ANR. v. SHRI HARVINDER SINGH & ANR.

Citation: 2023 LiveLaw (Del) 561

It is anathema in this day and age to diminish the autonomous status of a woman by treating her “merely as an adjunct to her husband”, least of all in relation to what the law recognises to be her absolute property, the Delhi High Court observed.

Justice Anup Jairam Bhambhani allowed an application moved by a wife under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of a plaint for a decree of permanent injunction to restrain her and her husband from creating any third-party rights in respect of a property situated in city's Rajouri Garden.

10. Wife's Identity Does Not Merge With Husband's Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court

Title: NISAR AHMED v. AGYA PAL SINGH

Citation: 2023 LiveLaw (Del) 574

A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband's identity, the Delhi High Court observed while directing a tenant to vacate a shop proposed to be used by daughters of a landlord, a Mutawalli of a Wakf-ul-aulad, for starting their business in the national capital.

Justice Najmi Waziri observed that a wife, in law, retains her individual entity, including the natural right to pursue her dreams, aspirations, desire and need to be financially independent or otherwise do some meaningful social work.

11. 'Publicity And Privacy Rights Not Heritable': Delhi High Court Refuses To Injunct Movie Based On Life Of Late Actor Sushant Singh Rajput

Title: KRISHNA KISHORE SINGH v. SARLA A SARAOGI & ORS.

Citation: 2023 LiveLaw (Del) 584

The Delhi High Court has refused to injunct further telecast of the movie “Nyay: The Justice” based on late Bollywood actor Sushant Singh Rajput's life which was released on OTT platform Lapalap in June 2021.

Justice C Hari Shankar dismissed the application seeking interlocutory injunction moved by the late actor's father in his suit against the producers and director of the film. He alleged that the movie was made without taking the permission of legal representatives of Sushant Singh Rajput.

12. Accused's Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Title: SUSHIL KUMAR v. THE STATE GNCTD THROUGH SHO & ANR.

Citation: 2023 LiveLaw (Del) 593

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute.

While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao Gedela observed:

“The offences are of a very serious in nature and considering the fact that the offences under POCSO Act prescribe very harsh punishment, it would not be out of place to hold that the right to cross examine would be all the more at a higher pedestal.”

13. BCI Must Frame Guidelines For Establishing 'Ethical Code For Self Represented Litigants' To Minimize Frivolous Litigations: Delhi High Court

Title: NARESH SHARMA v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 611

The Delhi High Court has said that the Bar Council of India must frame guidelines for establishing an “ethical code” for “self represented litigants” to save precious judicial time and minimize frivolous litigations.

Justice Swarana Kanta Sharma added that the ethical grounding will play a crucial role in minimising the flow of frivolous litigation and will reduce the burden of courts.

14. Delhi High Court Permits St. Stephen's College To Give 85% Weightage To CUET And 15% For Interview In Admissions Of Christian Minority Students

Title: ST STEPHENS COLLEGE v. UNIVERSITY OF DELHI AND ANR

Citation: 2023 LiveLaw (Del) 627

The Delhi High Court has permitted St. Stephen's College to adopt 85% weightage for CUET score and 15% for the interview for admission of Christian minority candidates to undergraduate programmes.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad added that the varsity will adopt the marks secured in CUET alone as the sole eligibility criteria for admissions of non-minority candidates.

15. Candidates Eligible To Apply In Both Online And Offline Modes For Management Quota Admissions In IP University Colleges: Delhi High Court

Title: VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES v. GOVERNMENT OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 649

The Delhi High Courtsaid that the candidates intending to apply for admissions in different colleges affiliated with the Guru Gobind Singh Indraprastha University under the Management Quota seats shall be eligible to apply in both online and offline modes.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed the varsity to make an online portal to display the branch and college-wise seats available with it under Management Quota so that the prospective students can apply online as well as offline against the available seats.

16. POCSO Act Is Gender Neutral, Misleading To Argue 'It Is Gender-Based Legislation And Is Being Misused': Delhi High Court

Title: RAKESH v. STATE OF NCT OF DELHII & ANR.

Citation: 2023 LiveLaw (Del) 665

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.

While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:

“To say the least, POCSO Act is not gender based and is neutral as far as victim children are concerned. Moreover, to argue that the legislation is being misused and using the language such as “as the complainant by keeping a gun on her minor daughter's shoulder had implicated the applicant in the present case so as to coerce him to re-pay a friendly loan that he had taken from her husband” (as mentioned in the petition) have been found to be most insensitive by this Court.”

17. Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court

Title: NABAL THAKUR (IN J.C.) v. THE STATE

Citation: 2023 LiveLaw (Del) 670

The Delhi High Court issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.

Justice Swarana Kanta Sharma directed that where an order for medical termination of pregnancy has been passed, the Delhi Police's Investigating Officers must produce the victim before the concerned hospital for conducting the procedure within 24 hours, even in cases where the gestation period of the pregnancy is less than 20 weeks.

18. Settlement Of Non-Compoundable Offences Through Mediation Agreements Not Permissible: Delhi High Court Issues Guidelines To Mediators

Case Title: ABHISHEK @ LOVE & ORS. v. THE STATE NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 715

Observing that settlement of non-compoundable offences through mediation agreements is not permissible, the Delhi High Court has issued various guidelines to be followed in such cases by mediators in all mediation centres in the national capital.

“… to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements,” Justice Swarana Kanta Sharma said.

19. Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Case Title: SMT. K.S. SUMI MOL v. SH. SURESH KUMAR E.K.

Citation: 2023 LiveLaw (Del) 728

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim and to file the written statement of defence within 30 days.

20. Delhi High Court Orders Release Of 'End Of Life Vehicles' Subject To Undertaking By Owners, Asks Delhi Govt To Frame Policy

Title: MS. SEEMA CHOPRA v. GOVT. OF NCT OF DELHI AND ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 729

The Delhi High Court ordered release of various “end of life vehicles” subject to an undertaking being furnished by their owners that such vehicles will not be plied on the streets or parked in any public space within the national capital and will be kept in a private parking space.

Justice Prateek Jalan also asked the Delhi Government to frame a policy to deal with similar vehicles in cases where the owners are ready to give an assurance that the vehicles will not be used in the national capital.

21. Delhi High Court Directs District Courts To Adopt Standardized Online Filing System, Issues Directions

Case Title: KARAN S THUKRAL v. THE DISTRICT & SESSIONS JUDGE & ORS

Citation: 2023 LiveLaw (Del) 731

The Delhi High Court has directed all the district courts in the national capital to adopt a “standardized online filing system” for pleadings, documents, and miscellaneous applications and issued a slew of directions to be followed till the time appropriate Rules are in place.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula directed the District Courts to centralize all filings related to ongoing and pending cases, similar to the existing procedure for new cases.

22. Pregnant Working Women Entitled To Maternity Benefits, Can't Be Barred Solely Due To Nature Of Employment: Delhi High Court

Case Title: ANNWESHA DEB v. DELHI STATE LEGAL SERVICES AUTHORITY

Citation: 2023 LiveLaw (Del) 743

The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied reliefs under the Maternity Benefit Act, 2017, solely due to the nature of their employment.

“There is nothing in the language of the Act or in its provisions which suggests that a working expecting woman would be barred from getting the reliefs due to the sole reason of the nature of their employment,” Justice Chandra Dhari Singh ruled.

23. Provide Infra, Financial Assistance To Procure Gadgets For Conducting Trial Of Differently-Abled Accused: High Court To Delhi Govt

Case Title: RAKESH KUMAR KALRA DEAF DIVAYANG v. STATE GOVT OF NCT DELHI

Citation: 2023 LiveLaw (Del) 751

The Delhi High Court has directed the Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for conducting trial in cases where the accused person is differently-abled.

“ No citizen in this country should feel that due to his physical or mental disability, justice was not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system and Court,” Justice Swarana Kanta Sharma observed.

24. Periodically Monitor Status Of Uploading Central Acts, Other Legislations On India Code Portal: Delhi High Court To Law Ministry

Case Title: UNION OF INDIA v. VANSH SHARAD GUPTA

Citation: 2023 LiveLaw (Del) 784

The Delhi High Court has directed the Union Ministry of Law and Justice to periodically monitor the status of uploading Central Acts and subordinate legislations on “India Code” portal.

“The Secretary, Legislative Department, Ministry of Law and Justice is directed to periodically monitor the status of uploading the Acts on the India Code portal and ensure that the process is completed seamlessly and in a time-bound manner,” Justice Manmohan ordered.

25. Criminal Courts May Allow Accused To Appear Virtually If Circumstances Warrant, Integrity Of Trial Should Not Be Compromised: Delhi High Court

Case Title: DR. S. JAITLEY & ANR. v. STATE (NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 805

The Delhi High Court has observed that courts should be flexible in embracing modern technology and allowing virtual appearance in criminal trials, provided they do not compromise the integrity or fairness of the trial.

Justice Swarana Kanta Sharma said that where the criminal trial can proceed effectively with the accused remaining present before the court through an alternative means such as vide-conferencing and representation by legal counsel, courts should be flexible in considering such prayers made by the accused.

26. High Court Permits Delhi University To Offer Admissions In Five-Year LLB Courses Based On CLAT Score For Current Academic Year

Case Title: Prince Singh v. Faculty of Law, University of Delhi & Ors.

Citation: 2023 LiveLaw (Del) 843

The Delhi High Court passed an interim order and permitted the Delhi University to offer admissions in its newly introduced five-year integrated law courses on the basis of CLAT-UG 2023 score, only for the current academic year.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula passed the interim order considering the fact that classes have already started for this academic year in all other universities.

27. Right To Choose Life Partner Can't Be Affected By Faith Or Religion: Delhi High Court

Case Title: MUSKAN SINGH & ANR. v. STATE OF NCT OF DELHI & ORS

Citation: 2023 LiveLaw (Del) 845

The Delhi High Court has observed that an individual's right to choose a life partner cannot be affected by matters of faith and religion and that the right to marry is an “incident of human liberty.”

Justice Saurabh Banerjee said that it is not for the State or the society or even the parents of the parties involved to, in any way, dictate the choice of life partner or curtail and limit such rights of an individual when it involves “two consenting adults.”

28. Delhi High Court Protects Actor Anil Kapoor's Personality Rights, Restrains Use Of His Name, Image Or Voice Without Consent

Title: Anil Kapoor v. Simply Life India & Ors.

Citation: 2023 LiveLaw (Del) 857

The Delhi High Court passed an interim order protecting the personality rights of Bollywood actor Anil Kapoor and restrained various entities from misusing his image, name, voice or other elements of his persona for monetary gains without his consent.

Justice Prathiba M Singh also restrained “other unknown persons” from disseminating various videos, links of which will be uploaded in the order, and directed that the same shall be taken down immediately by all internet service providers.

29. Married Woman Can't Prosecute For Rape On False Pretext Of Marriage: Delhi High Court

Citation: 2023 LiveLaw (Del) 871

Case Title: S. RAJADURAI v. STATE (NCT) OF DELHI & ANR.

The Delhi High Court has ruled that a sexual relationship between two adults, who are legally married to other partners, cannot be considered an act for which legal protection is available.

Justice Swarana Kanta Sharma said that an unmarried woman who is induced into a sexual relationship on the false pretext of marriage by someone, whom she believes to be legally eligible for marriage, may constitute an offence of rape. However, the court added, that when the victim herself is not legally eligible to marry someone else due to her existing marriage to another partner, she cannot claim to have been induced into a sexual relationship under false pretext of marriage.

30. Filing SLP Before Supreme Court Constitutes 'Special Circumstance' Under Delhi Prison Rules For Granting Parole To Convict: High Court

Title: Rahul Gupta v. State

Citation: 2023 LiveLaw (Del) 876

The Delhi High Court has observed that filing a special leave petition (SLP) before the Supreme Court by a convict challenging the conviction constitutes a “special circumstance” for granting parole in terms of Rule 1211 of the Delhi Prison Rules, 2018.

“…this Court is of the opinion that the bar contained in Rule 1211 of the Delhi Prison Rules is not absolute. The ground taken herein, i.e., filing on an SLP constitutes a 'special circumstance' in terms of the said rule,” Justice Amit Sharma said.

31. Derogatory Terms That Perpetuate Gender Stereotypes Must Not Be Used In Pleadings: Delhi HC Recommends Use Of Supreme Court's Handbook

Title: RAJAN DEVI v. STATE (GOVT. OF NCT OF DELHI) & ANR.

Citation: 2023 LiveLaw (Del) 883

The Delhi High Court has said that derogatory terms that perpetuate gender stereotypes and undermine the dignity and rights of individuals based on their gender should not be used in pleadings.

Justice Swarana Kanta Sharma said that the 'Handbook on Combating Gender Stereotypes' launched by the Supreme Court recently may be used while drafting pleadings as well as the orders and judgments.

32. Ordinances Of Universities For Self-Regulation Can't Override Student's Right To Education And Human Dignity: Delhi High Court

Case Title: MISS TANISHKA v. ANR v. GNCTD & ORS.

Citation: 2023 LiveLaw (Del) 888

The Delhi High Court has said that the Ordinance of the Universities for self-regulation cannot override a student's right to education and the right to live a life with human dignity.

Justice Purushaindra Kumar Kaurav observed that the Universities should not be rigid while taking decisions in those cases where cogent reasons are given by students for seeking migration.

33. NewsClick Case | SC Judgment In 'Pankaj Bansal' On Informing Grounds Of Arrest In Writing Not Applicable To UAPA: Delhi High Court

Case Title: PRABIR PURKAYASTHA v. STATE NCT OF DELHI & ANR. and other connected matter

Citation: 2023 LiveLaw (Del) 960

The Delhi High Court has ruled that the Supreme Court's judgment in Pankaj Bansal case, directing ED to inform grounds of arrest in writing to the accused, cannot be said to be squarely applicable to a case arising under UAPA.

Justice Tushar Rao Gedela held that under UAPA, the grounds of arrest need to be informed to the arrestee within 24 hours of such arrest, however furnishing of such grounds in written are not mandated under the enactment.

34. Delhi High Court Directs Kendriya Vidyalaya Sangathan To Prepare 'Vacancy Based Roster' For Persons With Disabilities In Three Months

Title: NATIONAL FEDERATION OF THE BLIND v. KENDRIYA VIDVALAYA SANGTHAN & ORS.

Citation: 2023 LiveLaw (Del) 969

The Delhi High Court has directed the Kendriya Vidyalaya Sangathan (KVS) to conduct an audit of the total number of vacancies and prepare a “vacancy based roster” for recruitment of persons with disabilities within three months.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the exercise be done as per Rule 11 of the Rights of Persons with Disabilities Rules, 2016.

35. ED's Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court

Title: ASHISH MITTAL v. DIRECTORATE OF ENFORCEMENT & ANR.

Citation: 2023 LiveLaw (Del) 992

The Delhi High Court ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest.

Justice Anup Jairam Bhambhani said that the power to arrest is “conspicuously absent” in section 50 of the PMLA which empowers ED officers to arrest any person, subject to satisfying the conditions mentioned therein.

36. Kendriya Vidyalaya Recruitment: Delhi High Court Directs KVS To Provide 4% Reservation To Disabled Persons Including 1% To Hearing Impaired

Title: COURT ON ITS OWN MOTION v. KENDRIYA VIDYALAYA SANGATHAN AND ORS and other connected matters

Citation: 2023 LiveLaw (Del) 1041

The Delhi High Court has directed the Kendriya Vidyalaya Sangathan (KVS) to provide 4% reservation to the disabled persons in respect of the total vacancies, including 1% reservation for deaf and hard of hearing persons.

“The exercise of appointing disabled persons, including deaf and hard of hearing persons be concluded within a period of six months from the date of receipt of certified copy of this judgment,” a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said.

37. Competent Court Can Examine Valuation Of IPR Suit Below ₹3 Lakhs, Transfer To Commercial Courts Not Necessary: Delhi High Court

Title: PANKAJ RAVJIBHAI PATEL TRADING AS RAKESH PHARMACEUTICALS v. SSS PHARMACHEM PVT. LTD.

Citation: 2023 LiveLaw (Del) 1046

The Delhi High Court ruled that it would be open for the competent court to examine the “declared specified value” and the value ascribed to the reliefs claimed in an IPR suit if it is pegged below Rs. 3 lakhs, adding that its undervaluation would have to be evaluated based on the facts of each case.

A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma said that the exercise can be legally undertaken by the competent court itself and that such matters need not be transferred to commercial courts for the purpose of value evaluation.

38. Explain Pros And Cons Of Medical Termination Of Pregnancy To Rape Victims In Mother Tongue: Delhi High Court Directs Police, Medical Board

Title: MINOR L THR GUARDIAN J v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 1063

The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.

“This Court orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the medical termination of pregnancy will be explained in Hindi wherever the victim and her guardian in case of a minor victim understands Hindi, or English where they understand the said language,” Justice Swarana Kanta Sharma said.

39. School Safety Standards: Delhi High Court Issues Directions For Inspections By Child Safety Monitoring Committee

Title: COURT ON ITS OWN MOTION v. GOVERNMENT OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 1106

The Delhi High Court has issued a slew of directions to be followed by the court-appointed Child Safety Monitoring Committee during the course of its inspections of schools in the national capital, in respect of minimum standards of school safety.

A division bench of then Chief Justice Satish Chandra Sharma (now elevated to the Supreme Court) and Justice Tushar Rao Gedela ordered that no member will be allowed to inspect the schools independently and that the three member Committee as a whole headed by the Chairperson will inspect the schools.

40. Constitute Committees To Supervise Implementation Of Pay Commission Recommendations On School Staff : High Court To Delhi Govt

Title: ANJALI VAID AND ORS v. ADARSH WORLD SCHOOL AND ORS and other connected matters

Citation: 2023 LiveLaw (Del) 1139

The Delhi High Court has directed the Delhi Government to constitute two High Powered Committees to supervise implementation of recommendations prescribed in 6th and 7th Central Pay Commission (CPC) regarding payment of salaries and arrears to staff of private unaided schools and recognized private unaided minority schools in the national capital.

Justice Chandra Dhari Singh ordered that the Committees shall be constituted at Central and Zonal levels.

41. Trial Courts Should Not Issue Non-Bailable Warrants On First Call, Except In Cases Of Genuine Apprehension Of Absconding: Delhi High Court

Title: FAHIM v. STATE

Citation: 2023 LiveLaw (Del) 1183

The Delhi High Court has said that the trial courts in the national capital should not issue non-bailable warrants (NBWs) against an individual on first call in the pre-lunch hours, except when there are genuine apprehensions that such person would abscond if not taken into custody.

“Such coercive steps should be taken only post 12:30 PM,” Justice Amit Bansal said.

42. Woman Can Be 'Karta' Of Hindu Undivided Family; Hindu Law Doesn't Limit Women's Right To Be HUF Karta : Delhi High Court

Title: MANU GUPTA v. SUJATA SHARMA & ORS.

Citation: 2023 LiveLaw (Del) 1247

The Delhi High Court has ruled that neither the legislature nor the traditional Hindu Law, in any way, limits the right of a woman to be a Karta of an Hindu Undivided Family (HUF).

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that “societal perceptions” cannot be a reason to deny the rights expressly conferred by the Legislature.

“To say that a woman can be a coparcener but not a Karta, would be giving an interpretation which would not only be anomalous but also against the stated Object of introduction of Amendment [in the Hindu Succession Act, in 2005],” the court said.

43. Delhi High Court Issues Directions For Missing Children Cases, Calls For User Friendly Ready To Use Handbook In Police Stations

Title: LAMBODER JHA v. GOVT NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 1256

The Delhi High Court has called for a user-friendly ready-to-use handbook in every Police Station across the national capital for accessibility to aid investigations concerning cases of missing children.

Issuing various directions concerning cases related to missing children, Justice Swarana Kanta Sharma said that a standardized checklist must be formulated and maintained at all police stations, providing a comprehensive guide for investigating officers when handling such cases.

44. Children Room In District Courts Must Be Kept Open On Every Second Saturday And Sunday For Visitation: Delhi High Court

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1289

The Delhi High Court has ordered that the children room in all District Courts in the national capital must be kept open on every Sundays and second Saturdays between 10 AM to 5 PM, so that visitation with children can also be directed on those days.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said that it is a matter of record that District Courts in Delhi are closed on Sundays and Second Saturday and no order for visitation can be passed on those days.

“Surely, if the children's room remain open, a party to a litigation can, have the benefit of visitation on these days as well,” the court said.

45. Look Into Allegations Of Over-Invoicing By Power Firms Including Adani, Essar Groups: Delhi High Court To CBI, DRI

Title: CENTRE FOR PUBLIC INTEREST LITIGATION AND ANR. v. UNION OF INDIA AND ORS. and other connected matter

Citation: 2023 LiveLaw (Del) 1312

The Delhi High Court directed the Union Government, Central Bureau of Investigation (CBI) and Directorate of Revenue Intelligence (DRI) to “meticulously and expeditiously” look into the allegations of over invoicing of coal imports and equipments by several power companies, including those of Adani Group and Essar Group.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed the authorities to “unearth the actual factual position” and take appropriate actions against the erring companies, if any, as per law.

46. 'Not In Good Taste': Delhi High Court On Rahul Gandhi's Speech Against Prime Minister Narendra Modi, Directs ECI To Take Action

Title: BHARAT NAGAR v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 1321

The Delhi High Court said that the speech made by Congress leader Rahul Gandhi on November 22 in Rajasthan's Nadbai against Prime Minister Narendra Modi and calling him, along with Home Minister Amit Shah and Gautam Adami as “pick pocketors”, was “not in good taste.”

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna was informed by Advocate Suruchi Suri, the counsel representing Election Commission of India (ECI), that a show cause notice was issued to Gandhi on November 23.

47. Delhi High Court Forms Committee For Improving Healthcare Facilities In Prisons, Says Every Inmate Has Inherent Right To Humane Treatment

Title: MR. AMANDEEP SINGH DHALL v. DIRECTORATE OF ENFORCEMENT and other connected matter

Citation: 2023 LiveLaw (Del) 1332

The Delhi High Court formed a Committee for giving suggestions to improve the health care facilities in prisons in the national capital, observing that every prison inmate has an inherent right to life and humane treatment.

Justice Swarana Kanta Sharma said that the committee will also inform the court as to whether facilities are available in the jail hospital to deal with emergency situations such as cardiac arrest and hemorrhages, “as the first few minutes in such eventuality are crucial to save life of a person.”

48. Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Case Title : COURT ON ITS OWN MOTION v UNION OF INDIA

Citation: 2023 LiveLaw (Del) 1333

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies.

A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of the criminal cases against MPs and MLAs in the designated courts, at the same level.

49. Information On Interception Or Phone Tapping Exempted From Disclosure Under RTI Act: Delhi High Court

Title: TELECOM REGULATORY AUTHORITY OF INDIA v. KABIR SHANKAR BOSE & ORS.

Citation: 2023 LiveLaw (Del) 1334

The Delhi High Court has ruled that the information in relation to interception or tapping or tracking of a phone is exempted from disclosure under Section 8 of the Right to Information Act, 2005.

A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said that any order passed by the Government in relation to interception or phone tapping is passed when an authorized officer is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, security of the State, friendly relations with the foreign states or public order, and information on the same would be exempted under RTI Act.

50. Convict Has Fundamental Right To Parenthood And Procreation, Incarceration Does Not Make Him Lesser Citizen: Delhi High Court

Title: KUNDAN SINGH v. THE STATE GOVT. OF NCT DELHI

Citation: 2023 LiveLaw (Del) 1335

The Delhi High Court has ruled that a convict has the right to parenthood and procreation and such an individual does not become a lesser citizen only due to the incarceration.

“While, Judiciary in Bharat, has always stubbornly refused to hold that prisoners have no fundamental rights, this Court following the same tradition as handed over by judges of the Hon'ble Apex Court and this Court respectfully takes the intent to interpret the constitutional rights in favour of upholding and including new situations and challenges holds that right to parenthood and procreation is fundamental right of a convict in peculiar circumstances of a case,” Justice Swarana Kanta Sharma said.