70 Important Judgments Of Delhi High Court In 2024 [Part II]

LiveLaw reported 1394 judgments from Delhi High Court in 2024. Here are some of the important ones:

UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court

Title: VANDANA v. STATE THROUGH SHO PS AMAR COLONY & ANR.

Citation: 2024 LiveLaw (Del) 863

The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing.

A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with which the Court has to act as the missing person could be in danger.

Finalize Technical Solution To Sync ICJS System With Police Criminal Database: Delhi High Court To NIC, State Crime Record Bureau

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 865

The Delhi High Court has called for finalization of the technical solution to sync the Inter-operable Criminal Justice System (ICJS) system, which stores case data, with the criminal database of the Police, to avoid any discrepancies.

A division bench of Justice Prathiba M Singh and Justice Amit Sharma directed the State Crime Record Bureau (SCRB) and National Informatics Centre (NIC), which are working in coordination for the task, to work on the issue in an expeditious manner.

'X' Corp Does Not Perform 'Public Function', Not Amenable To Writ Jurisdiction: Delhi High Court

Title: SANCHIT GUPTA v. UNION OF INDIA AND ANR.

Citation: 2024 LiveLaw (Del) 875

The Delhi High Court has ruled that X Corp, formerly Twitter, does not perform “public function” or discharges public duty and is not amenable to writ jurisdiction under Article 226 of the Constitution of India.

Justice Sanjeev Narula said that the social media platform operates as a “private entity” under “private law” and does not carry out any governmental duties or obligations.

Entertainment Tax Act Does Not Contain Mechanism To Assess Or Collect Tax On Sponsorships: Delhi High Court

Title: FASHION DESIGN COUNCIL OF INDIA v. GOVT. OF NCT OF DELHI AND ANR and other connected matters

Citation: 2024 LiveLaw (Del) 885

The Delhi High Court has observed that the Entertainment Tax Act does not contain a mechanism for assessing and collecting tax on sponsorships.

Justice Rajiv Shakdher observed that imposition of a tax on sponsorship under the Entertainment Tax Act must fail in the absence of a specific charging provision.

Foreign National Can Reside In 'Shared Household' Under Domestic Violence Act Regardless Of Visa Status: Delhi High Court

Title: BIBI SABERA v. MAJOR DR. CHANDRA SHEKHAR PANT@ HIMMAT KHAN

Citation: 2024 LiveLaw (Del) 889

The Delhi High Court has ruled that a woman being a foreign national can have a “shared household” with another person holding Indian citizenship regardless of her visa status under the Domestic Violence Act, 2005.

Justice Anup Jairam Bhambhani said that the objective of framing the Domestic Violence Act has no connection with the citizenship of a woman.

Offence Of 'Penetrative Sexual Assault' Under POCSO Act Can Be Invoked Against Woman, Not Restricted To Male Offender: Delhi High Court

Title: SUNDARI GAUTAM v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 893

The Delhi High Court has held that the offences of penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act are offences regardless of the gender of the offender and can be invoked against a woman also.

Justice Anup Jairam Bhambhani held that the word “he” in Section 3 of the POCSCO Act (penetrative sexual assault) cannot be given a restrictive meaning to say that it refers only to a male but, must include within its ambit any offender irrespective of gender of the offender.

Delhi High Court Restores Ad-Hoc Committee Appointed By Indian Olympic Association To Run Affairs Of Wrestling Federation

Title: BAJRANGPUNIA & ORS. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 912

The Delhi High Court has restored the mandate of the ad-hoc committee appointed by the Indian Olympic Association (IOA) on December 27 last year for overseeing and taking over all the activities and management of Wrestling Federation of India (WFI).

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court

Title: JCB INDIA LIMITED AND ANR v. THE COMPETITION COMMISSION OF INDIA AND ANR

Citation: 2024 LiveLaw (Del) 921

The Delhi High Court has observed that the Competition Commission of India (CCI) must honour the outcomes of mediation and respect the settlements reached between the parties.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.

"Actively Addressing Logistical & Infrastructural Challenges": Delhi HC Rejects Plea Seeking Enhanced Access To Live Streaming Of Court Proceedings

Title: CA RAKESH KUMAR GUPTA v. DELHI HIGH COURT THROUGH REGISTRAR GENERAL

Citation: 2024 LiveLaw (Del) 945

The Delhi High Court has dismissed a plea seeking enhanced implementation of live streaming of court proceedings and for completing pending work in the live streaming process in a time-bound manner.

Justice Sanjeev Narula observed that the existing infrastructure and the gradual expansion plans of live streaming are based on practical assessments by the Delhi High Court's technical committees.

Delhi High Court Refuses To Quash BJP Leader's Defamation Case Against CM Arvind Kejriwal, Atishi

Title: Arvind Kejriwal & Ors. v. State & Anr.

Citation: 2024 LiveLaw (Del) 961

The Delhi High Court has refused to quash a defamation case filed by a BJP leader against Chief Minister Arvind Kejriwal and other Aam Aadmi Party (AAP) leaders for their remarks over alleged deletion of voters' names from electoral rolls in the national capital in 2018.

Justice Anoop Kumar Mendiratta dismissed the plea moved by Kejriwal and AAP leaders against a sessions court order upholding a magisterial court's order to summon them as accused in the complaint.

Circulars Issued By Directorate Of Education Should Also Be Issued In Hindi Language: Delhi High Court

Title: MASTER HARMANPREET SINGH THROUGH MR. PARAMJEET SINGH v. DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 970

The Delhi High Court has held that the notices and circulars issued by the Delhi Government's Directorate of Education (DoE) should not be restricted to the English language alone and must also be issued in Hindi.

Justice Swarana Kanta Sharma issued directions after DoE's counsel said that the circulars and notifications, even pertaining to admission of children belonging to the EWS category, are issued only in English.

Delhi High Court Initiates Suo Motu PIL Over Lack Of Property Mutation Policy For Urbanized Villages

Title: COURT ON ITS OWN MOTION v. L&DO, MINISTRY OF URBAN DEVELOPMENT & ORS.

Citation: 2024 LiveLaw (Del) 974

The Delhi High Court has initiated a suo motu PIL over the issue of lack of policy for mutation of properties regarding the villages which have been notified as “urbanized” by land the authorities in the national capital.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said there is complete absence of any law or policy whereby rights of mutation can be availed by the residents of villages in case of such lands being notified as 'development areas' under Section 12 of the Delhi Development Authority Act, 1957.

Delhi High Court Asks Centre To Issue Instructions To Hospitals To Ensure Identity Of Minor Rape Victims In MTP Cases Is Not Revealed

Title: MINOR N THR MOTHER P v. STATE OF NCT OF DELHI AND ANR.

Citation: 2024 LiveLaw (Del) 990

The Delhi High Court has directed the Union Government to issue appropriate instructions to all hospitals to ensure that the identity of minor rape victims undergoing medical termination of pregnancy is not revealed and the record is kept confidential.

Justice Anoop Kumar Mendiratta was dealing with a plea moved by a 16 year old minor girl seeking termination of her pregnancy of approximately 26 weeks.

Delhi High Court Directs Centre To Begin Stakeholder Discussions On Requirement Of Mandatory Attendance Norms In UG & PG Courses

Title: COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVERSITY

Citation: 2024 LiveLaw (Del) 1012

The Delhi High Court in a slew of directions has asked the Secretary, Union Ministry of Education (dealing with Higher Education) to commence within two weeks stakeholder consultations to discuss whether attendance norms should be made mandatory in undergraduate and postgraduate courses.

A division bench of Justice Prathiba Singh and Justice Amit Sharma in its September 9 order further directed the University Grants Commission (UGC) and the Secretary, Ministry of Education (Department of Higher Education) to issue a circular across the country, "as a last opportunity", to all educational institutions–both at undergraduate and postgraduate level, to "constitute their Grievance Redressal Committees within two weeks, failing which action would be taken as per law".

Delhi High Court Asks SSB To Consider Gender Neutral Nomenclature Of Posts Earlier Earmarked For Males But Now Open To Female Candidates

Title: SONU RAJPUT v. UNION OF INDIA AND ANR

Citation: 2024 LiveLaw (Del) 1014

The Delhi High Court has called for amendment of the nomenclature of Seema Sashastra Bal (SSB) posts which were earlier earmarked only for male candidates but are now open to women as well.

A division bench comprising Justice Rekha Palli and Justice Shalinder Kaur was dealing with a young mother's plea who applied for the post of Constable (Washer Man)-Female under OBC quota in SSB.

Judicial Data Of Criminal Cases Available On ICJS Must Be Synced With Crime Record Bureau: Delhi High Court

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 1015

The Delhi High Court has observed that the judicial data related to criminal cases available on the Inter-operable Criminal Justice System (ICJS) portal needs to be synced with the Crime Record Bureau to ensure “accurate availability of data” relating to the accused.

Delhi Is Of Migrants, Benefit Of Reservation To Any Category Can't Be Denied: High Court

Title: DELHI SUBORDINATE SERVICES SELECTION BOARD AND ANR. v. VISHNU KUMAR BADETIYA

Citation: 2024 LiveLaw (Del) 1033

The Delhi High Court has held that the national capital, being a Union Territory, is of migrants and benefit of reservation to any particular category cannot be denied.

“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants, therefore, benefit of reservation to any category cannot be denied,” a division bench comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia said.

POCSO Act: Delhi High Court Issues Directions For Disbursal Of Compensation To Child Victims By DSLSA

Title: ABHISHEK YADAV v. DELHI STATE LEGAL SERVICES AUTHORITY & ANR.

Citation: 2024 LiveLaw (Del) 1053

The Delhi High Court has issued directions for disbursal of compensation to the child victims of sexual abuse under the POCSO Act by the Delhi State Legal Services Authority (DSLSA).

A division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal inserted a sixth part (Part F) in the existing SOP framed in the backdrop of Delhi Victim Compensation Scheme, 2018, which contained five parts.

DUSU Elections: High Court Halts Counting Of Votes, Pulls Up Delhi University Over Failure To Discipline Candidates

Title: Prashant Manchanda v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1061

The Delhi High Court has halted the process of counting of votes for the ongoing Delhi University Students' Union (DUSU) elections of the varsity and other colleges in the wake of candidates indulging in acts of vandalism and defacement of public properties.

A division bench comprising of Chief Justice designate Justice Manmohan and Justice Tushar Rao Gedela directed that no counting of votes shall take place till the Court is satisfied that the posters, spraypaints and graffitis are removed and public properties are restored.

Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old Cases

Title: STATE THROUGH RPF v. DHARMENDRA @ DHARMA

Citation: 2024 LiveLaw (Del) 1072

The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.

Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas are filed under the new laws only.

Delhi High Court Directs Centre To Constitute National Rare Diseases Fund, Orders Mandatory Monthly Meetings To Monitor Disbursement Of Funds

Case Title: Master Arnesh Shaw v. Union of India & Anr.

Citation: 2024 LiveLaw (Del) 1097

The Delhi High Court has directed the Union Government to constitute a “national rare diseases fund” and ordered mandatory monthly meetings to monitor disbursement of funds and to identify delays, if any.

Justice Prathiba M Singh directed that the National Rare Disease Committee (NRDC) constituted by the Court on May 15, 2023, shall continue to function for a further period of five years.

No Prohibition On 'Posthumous Reproduction' In Absence Of A Spouse, Consent Of Egg Or Sperm Owner Should Be Demonstrated: Delhi High Court

Case Title: Gurvinder Singh & Anr. v. GNCTD & Ors.

Citation: 2024 LiveLaw (Del) 1098

The Delhi High Court has ruled that there is no prohibition under the prevalent Indian law against posthumous reproduction, in absence of the spouse, if the consent of the egg or sperm owner is demonstrated.

Posthumous reproduction is the process of using a deceased person's gametes to create a child. The procedure is not regulated by Assisted Reproductive Technology (Regulation) Act, 2021 or the Surrogacy (Regulation) Act, 2021 or any guidelines or rules.

Pendency Of Criminal Case Can't Disqualify Individual From Exercising Right To Long Term Opportunities Abroad: Delhi HC

Title: MR. AMARDEEP SINGH BEDI v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 1100

The Delhi High Court has observed that mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.

Justice Sanjeev Narula said that denying Police Clearance Certificate (PCC) to an individual due to mere pendency of FIRs, without any conviction or finding of guilt, constitutes an unreasonable restriction.

Delhi High Court Asks DoE To Consider Framing Guidelines To Correct Typographical Errors In EWS Admission Forms

Title: BABY ISHITA RAWAT v. ADARSH PUBLIC SCHOOL & ANR.

Citation: 2024 LiveLaw (Del) 1101

The Delhi High Court has asked the Delhi Government's Directorate of Education (DoE) to consider framing guidelines to correct the typographical errors in admission forms committed by those applying for admissions under the EWS category in private unaided schools.

Justice Swarana Kanta Sharma observed that a persons applying for admission under EWS category hail from disadvantaged strata of society and may commit typographical errors as many of them may not be highly educated or technologically proficient or cyber-literate.

Delhi High Court Issues Directions To Prevent Delay In Releasing Compensation To POCSO Survivors

Title: RAM PREET v. STATE

Citation: 2024 LiveLaw (Del) 1106

The Delhi High Court has issued directions to prevent delay in releasing compensation by the Delhi State Legal Services Authority (DSLSA) to the survivors in POCSO cases.

A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma that there is clearly a disconnect between the POCSO Courts and the concerned Delhi State Legal Service Authorities on the issue.

Legal Internships Do Not Amount To Active Legal Practice: Delhi High Court

Title: UJWAL GHAI v. DELHI HIGH COURT LEGAL SERVICES COMMITTEE (DHCLSC)

Citation: 2024 LiveLaw (Del) 1118

The Delhi High Court has recently observed that legal internships undertaken as law students do not amount to “active legal practice” after being enrolled as an advocate.

“Internships undertaken as part of legal education, though valuable in providing practical exposure, do not satisfy the professional experience requirement for practicing law,” Justice Sanjeev Narula observed.

'Prima Facie Contemptuous': Delhi High Court Orders Take Down Of Wikipedia Page On Pending Defamation Suit By ANI

Title: Wikimedia Foundation v. ANI & Ors.

Citation: 2024 LiveLaw (Del) 1138

The Delhi High Court has ordered take down of a page on Wikipedia on the pending proceedings about a Rs. 2 crores defamation suit filed by news agency Asian News International (ANI) against the platform.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela noted that adverse comments were made against the single judge on the page which was prima facie contemptuous.

Delhi High Court Rejects PIL To Allow Chhath Puja Celebration At Yamuna After Govt Flags River's Pollution Level

Case Title: Purvanchal Nav Nirman Sansthan v. GNCTD

Citation: 2024 LiveLaw (Del) 1204

The Delhi High Court has dismissed a public interest litigation seeking to allow the public to perform the festival of Chhath Puja at Geeta Colony Ghats on the Yamuna riverbed in the national capital.

A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela rejected the PIL moved by Purvanchal Nav Nirman Sansthan, underscoring that performance of Chhath Puja on the Yamuna riverbed will be harmful for the devotees, keeping in view its pollution level.

Delhi High Court Says Notification Banning Import Of Salman Rushdie's 'The Satanic Verses' Doesn't Exist As Authorities Fail To Trace It

Title: SANDIPAN KHAN v. THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS AND ORS.

Citation: 2024 LiveLaw (Del) 1209

The Delhi High Court has disposed of a petition challenging the notification purportedly issued by the custom authorities in 1988 banning the import of book “The Satanic Verses” authored by Indian-British novelist Salman Rushdie.

A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee noted that the authorities, including the Central Board of Indirect Taxes and Customs, could not produce the notification since the filing of the petition way back in 2019.

DUSU Elections: Delhi High Court Allows Counting Of Votes On Or Before Nov 26 Provided All Defacement Is Cleaned Up By Candidates

Title: Prashant Manchanda v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 1219

The Delhi High Court has directed the Delhi University to undertake the process of counting of votes for Delhi University Students' Union (DUSU) elections on or before November 26, provided all the sites which were defaced by the contesting candidates are cleaned up and repainted within a week.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that it is the responsibility of the candidates and the current students of DU to ensure that the next batch get to use the varsity's infrastructure in good and clean condition.

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1232

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.

A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing notice to the respondent, will record the statements of both parties.

High Court Asks Delhi Police To Prepare Handbook For IOs To Timely Obtain Info Requested From Social Media Platforms

Title: SHABANA v. GOVT OF NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 1249

The Delhi High Court has asked the Commissioner of Delhi Police to take steps to prepare a handbook that may be utilised by the Investigating Officers (IOs) for timely furnishing of information requested by them from social media platforms.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma noted that in a large number of cases, IOs may not be fully aware of the manner in which information requested can be obtained from the various platforms and sometimes precious time is lost.

Develop Comprehensive Action Plan To Address Bomb Threats: High Court To Delhi Govt

Title: ARPIT BHARGAVA v. GNCTD & ANR.

Citation: 2024 LiveLaw (Del) 1252

The Delhi High Court has directed the Delhi Government to develop a “comprehensive action plan” including a detailed Standard Operating Procedure (SOP) for addressing bomb threats and related emergencies in the national capital.

Justice Sanjeev Narula directed that the SOP must clearly outline the roles and responsibilities of all stakeholders, including law enforcement agencies, school management, and municipal authorities, ensuring “seamless coordination and implementation.”

Add 'Grounds Of Arrest' Column In Arrest Memo Forms: High Court Directs Delhi Police

Title: PRANAV KUCKREJA (IN POLICE CUSTODY) v. STATE (NCT OF DELHI)

Citation: 2024 LiveLaw (Del) 1262

The Delhi High Court has asked the Delhi Police to add a column in the arrest memo forms for recording the 'grounds of arrest' of an accused.

Justice Dinesh Kumar Sharma said that a revised arrest memo form or some annexures to be added to ensure effective compliance with Section 50 of Cr.P.C. and the corresponding Section 47 of BNSS, 2023.

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Title: ABC v. State & ANR.

Citation: 2024 LiveLaw (Del) 1272

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.

“There is no reason why an individual who has been duly cleared of any guilt by law should be allowed to be haunted by the remnants of such accusations easily accessible to the public. Such would be contrary to the individual's right to privacy which includes the right to be forgotten, and the right to live with dignity guaranteed under Article 21 of the Constitution of India,” Justice Amit Mahajan observed.