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

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LiveLaw reported 1394 judgments from Delhi High Court in 2024. Here are some of the important decisions:Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant CasesTitle: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.Citation: 2024 LiveLaw (Del) 12The Delhi High Court has fixed timelines to be followed by the Authorisation Committee...

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

Delhi High Court Fixes Timelines For Interviews, Decision Making Process In Organ Transplant Cases

Title: AMAR SINGH BHATIA & ANR. v. SIR GANGA RAM HOSPITAL & ORS.

Citation: 2024 LiveLaw (Del) 12

The Delhi High Court has fixed timelines to be followed by the Authorisation Committee under the Transplantation of Human Organs and Tissues Rules, 2014, for conducting interviews and decision-making process in organ transplant cases.

Justice Prathiba M Singh observed that a time-bound approach is crucial to maintain the integrity and effectiveness of organ transplantation protocols and would also be in furtherance of the right to health under Article 21 of the Constitution.

Person Converting Religion For Marriage Must Be Informed Of Legal Consequences Like Inheritance, Maintenance: Delhi HC Issues Directions

Title: MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 70

The Delhi High Court has observed that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it and issued a slew of directions to be followed in conversion cases.

Justice Swarana Kanta Sharma observed that by providing a detailed understanding of the religious and its associated ramifications, the individual must be made aware of the potential shifts in his or her legal standing post-conversion.

Retweeting Defamatory Content Amounts To Defamation: Delhi High Court Refuses To Quash Summons Against Arvind Kejriwal

Title: Arvind Kejriwal v. State & Anr.

Citation: 2024 LiveLaw (Del) 136

The Delhi High Court has refused to quash the summons issued against Delhi Chief Minister Arvind Kejriwal in a criminal defamation case for retweeting an allegedly defamatory video posted by YouTuber Dhruv Rathee in 2018.

Justice Swarana Kanta Sharma held that retweeting defamatory content will attract the offence of defamation under Section 499 of the Indian Penal Code, 1860.

Delhi High Court Allows Examination Of Two Witnesses In US Through Video Conferencing In Commercial Suit

Title: PHILLIPS 66 COMPANY v. RAAJ UNOCAL LUBRICANTS LIMITED

Citation: 2024 LiveLaw (Del) 175

The Delhi High Court has allowed examination of two witnesses in a commercial suit, residing in the United States of America (USA), to be conducted through video conferencing mode as per the High Court of Delhi Rules for Video Conferencing for Courts, 2021.

Justice Sanjeev Narula said courts must foster an environment where the reliability of testimony, whether delivered in person or remotely, remains unimpeachable.

Right To Adopt Not A Fundamental Right, Prospective Adoptive Parents Can't Demand Their Choice Of Who To Adopt: Delhi High Court

Title: DEBARATI NANDEE v. MS. TRIPTI GURHA & ANR and other connected matters

Citation: 2024 LiveLaw (Del) 178

The Delhi High Court has ruled that the right to adopt cannot be raised to the status of a fundamental right within Article 21 of the Constitution of India, nor can it be raised to a level granting Prospective Adoptive Parents (PAPs) the right to demand their choice of who to adopt.

Justice Subramonium Prasad said that there is no right at all to insist on the adoption of a particular child before the final order of adoption is passed by the District Magistrate under the Juvenile Justice (Care and Protection of Children) Act, 2015.

'No Different From You Or Me': Delhi High Court Calls For Using Term 'Differently Abled' For Persons With Disabilities

Title: SANJEEV KUMAR MISHRA v. JAWAHARLAL NEHRU UNIVERSITY & ORS.

Citation: 2024 LiveLaw (Del) 215

Observing that those who suffer from disabilities as recognized by the Rights of Persons with Disabilities (RPwD) Act, 2016, are no different from anyone, the Delhi High Court has said that the more appropriate term to use for such persons would be “differently abled” rather than “disabled”.

“The RPWD Act, and all laws which strive to provide support to a person suffering from a disability, merely seek to neutralize the disability, so that the person's ability matches those of the rest of his peers, and they stand on an equal footing. This is the heart of the theory of equal opportunity, which pervades Article 14 and, indeed, the Constitution as a whole,” Justice C Hari Shankar said.

Policing Not Meant To Serve Interests Of Any Specific Religious Community: High Court On 'Pardanashin' Muslim Woman's Plea Against Delhi Police

Title: RESHMA v. THE COMMISSIONER OF POLICE

Citation: 2024 LiveLaw (Del) 242

The Delhi High Court has observed that policing is not tailored to serve the interests of any specific religious or any cultural community alone and has to be guided by the principles of impartiality, fairness, and reasonability.

“While respecting cultural sensitivities and religious practices, law enforcement agencies must prioritise the common good and uphold the law without discrimination,” Justice Swarana Kanta Sharma observed.

Regressive To Mention Only Father's Name In Educational Certificates & Degrees, Names Of Both Parents Must Be Reflected: Delhi High Court

Title: RITIKA PRASAD v. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

Citation: 2024 LiveLaw (Del) 282

The Delhi High Court has observed that there is no reasonable justification for only mentioning name of the father in degrees and educational certificates issued to students.

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother. The names of both parents should necessarily be reflected on the body of the certificate,” Justice C Hari Shankar said.

How Can Litigants Verify Authenticity Of Judicial Orders? Delhi High Court Issues Directions In Suo Motu Case

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 312

The Delhi High Court has initiated a suo motu case after a forged and fabricated judicial order was allegedly handed over to a female undertrial prisoner by the jail visiting advocate.

While ordering an inquiry into the matter, Justice Swarana Kanta Sharma issued various directions to the concerned stakeholders, including the general public, to verify the authenticity of judicial orders and to exercise caution and diligence when such orders are handed over to them.

Elections For All Bar Associations Shall Be Held In One Day For Uniform Period Of Two Years: Delhi High Court Full Bench

Title: LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS and other connected matter

Citation: 2024 LiveLaw (Del) 323

A full bench of the Delhi High Court has held that elections to the Executive Committee of all bar associations in the national capital shall be held simultaneously on the same day for a uniform period of two years.

A full bench comprising Acting Chief Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait clarified that the electoral rolls of all the bar associations shall be prepared as per their own Rules and Bye-Laws.

Citizenship Act Prevails Over Passport Manual: Delhi High Court

Title: AKSHAR REDDY VANGA AND ANR. REPRESENTED BY SUBBA REDDY VANGA v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 351

The Delhi High Court has said that the Citizenship Act, 1955, prevails over the Passport Manual of 2020, observing that a subordinate legislation cannot override the parent legislation.

Justice Subramaniam Prasad allowed the plea moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.

Delhi CM Arvind Kejriwal's ED Arrest In Liquor Policy Case Valid: Delhi High Court

Case Title: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT

Citation: 2024 LiveLaw (Del) 424

The Delhi High Court has dismissed the plea moved by Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in the money laundering case related to the alleged liquor policy scam case.

Justice Swarana Kanta Sharma upheld his arrest and subsequent remand holding that ED was able to place enough material, statements of approvers and AAP's own candidate stating that Kejriwal was given money for Goa elections.

Domestic Violence Act Applicable To Every Woman Irrespective Of Religious Affiliation: Delhi High Court

Title: GULSHAN KUMAR & ANR. v. NIDHI KASHYAP

Citation: 2024 LiveLaw (Del) 437

The Delhi High Court has recently observed that the Protection of Women from Domestic Violence Act, 2005, is a measure of social justice applicable to each woman, irrespective of religious affiliation or social background.

Justice Anoop Kumar Mendiratta said that the statute was enacted to safeguard the rights of the victims of 'domestic violence' in 'domestic relationship'.

Right To Be Identified By One's Name Fundamental To Individual's Identity: Delhi High Court

Title: PRAGATI SHRIVASTAVA v. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION AND ANR

Citation: 2024 LiveLaw (Del) 451

The Delhi High Court has observed that name of an individual is an identity marker and the right to be identified by one's name is fundamental to one's very identity.

“It partakes, therefore, of a primordial necessity, and the Court has, when petitioned in that regard, to ensure that the request, if genuine, is acceded to,” Justice C Hari Shankar said.

Delhi High Court Orders Implementation Of Immediate Measures To Optimize Existing Medical Resources In Govt Hospitals

Title: COURT ON ITS OWN MOTION v. UNION OF INDIA AND ORS.

Citation: 2024 LiveLaw (Del) 468

The Delhi High Court has directed the Secretary and Principal Health Secretary of the Delhi Government to implement immediate measures for optimization of existing resources in various government hospitals in the national capital within 30 days as recommended by a six-member expert committee.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the two officials to indicate a road map as to how they intend to implement the intermediate and long term measures within the timeline stipulated by the court appointed Expert Committee.

DSLSA Panel Counsel Not An 'Employee' But A 'Professional', Not Entitled To Maternity Benefits: Delhi High Court

Title: DELHI STATE LEGAL SERVICES AUTHORITY v. ANNWESHA DEB

Citation: 2024 LiveLaw (Del) 485

The Delhi High Court has held that the appointment of candidates with Delhi State Legal Services Authority (DSLSA) as a panel lawyer is only professional and not as an employee, and they are not entitled to benefits under the Maternity Benefit Act, 1961.

A division bench comprising Justice V Kameswar Rao and Justice Saurabh Banerjee set aside a single-judge order granting maternity benefits to a pregnant woman, who was engaged in contractual employment with Delhi State Legal Services Authority as a panel lawyer.

Delhi High Court Calls For Inclusion Of 'Gender Equality' In Judicial Academy Curriculum, Says Hidden Biases Are Enemies Of Impartial Rulings

Title: SANGHMITRA v. STATE

Citation: 2024 LiveLaw (Del) 502

The Delhi High Court has said that issues such as gender equality and cultural diversity must be made part of the curriculum of the Delhi Judicial Academy, observing that hidden biases are enemies of impartial and equitable judgments.

Justice Swarana Kanta Sharma observed that judicial education and training, focused not only on legal principles but also on understanding the diverse backgrounds and lived realities of those who come before the court, will go a long way in changing society's stereotypical thinking as it will result in better drafted judgments.

Delhi High Court Dismisses Plea To Disqualify PM Narendra Modi From Contesting Elections, Calls It "Thoroughly Misconceived"

Title: Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr.

Citation: 2024 LiveLaw (Del) 511

The Delhi High Court has dismissed a plea seeking to disqualify Prime Minister Narendra Modi for six years for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships.

The plea was moved by Anand S Jondhale, a lawyer by profession.

High Court Issues Directions To Implement Hybrid Courts Project, Directs Delhi Govt To Expedite Financial Sanction

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI

Citation: 2024 LiveLaw (Del) 525

The Delhi High Court has issued various directions for implementing the project for having hybrid hearing in the courts in the national capital.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the Delhi Government to forthwith expedite the financial sanction in respect of all 691 courts as stated in preliminary estimate of approximately Rs. 387 crore.

Minors Must Also Be Taught About 'Virtual Touch', Not Just Traditional Concepts Of 'Good And Bad Touch': Delhi High Court

Title: KAMLESH DEVI v. STATE OF DELHI NCT & ANR.

Citation: 2024 LiveLaw (Del) 553

The Delhi High Court has observed that minors must also be taught about “virtual touch” and not just traditional concepts of “good and bad touch”, and said that the ”emerging concept” must be included in their curriculum.

Justice Swarana Kanta Sharma observed that minors must be equipped with the knowledge and tools to navigate online interactions safely and recognize potential risks lurking in cyberspace.

Convict Can't Be Granted Parole For Maintaining Conjugal Relationship With Live-In-Partner When He Already Has Legally Wedded Wife: Delhi High Court

Title: SONU SONKAR v. THE LT GOVERNOR, DELHI & ORS.

Citation: 2024 LiveLaw (Del) 570

The Delhi High Court has observed that the law in India as well as the Delhi Prison Rules do not permit grant of parole to a convict on the ground of maintaining conjugal relationships with a live-in partner, when he already has a legally wedded wife.

Justice Swarana Kanta Sharma observed that a convict cannot be granted parole on the ground of having a child or to maintain conjugal relationships with a live-in partner where he already has a legally wedded wife and children are born out of that wedlock.

"Misconceived": Delhi High Court Rejects Plea Seeking FIR Against Prime Minister Narendra Modi Over Alleged 'Hate Speeches'

Title: Shaheen Abdulla & Ors. v. Election Commission of India

Citation: 2024 LiveLaw (Del) 581

The Delhi High Court has rejected a plea seeking immediate action against Prime Minister Narendra Modi and other candidates for delivering allegedly “communally divisive speeches” in violation of the Model Code of Conduct amid the Lok Sabha polls.

Justice Sachin Datta rejected the plea observing that the same is wholly misconceived.

Delhi High Court Issues Directions To Maintain Hygiene In Dairies, Medical Care Of Cattle

Title: SUNAYANA SIBAL & ORS. v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 587

The Delhi High Court has issued a slew of directions for maintaining hygiene in dairies in the national capital, to ensure medical care of cattle kept therein and for use of spurious oxytocin.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Ps Arora was prima facie not persuaded by the submission of the Delhi Government's Chief Secretary that the cattle in the dairies adjoining sanitary landfill sites in Delhi can be prevented from eating hazardous waste until 2025-26.

Delhi High Court Quashes Appointment Of Prof. Eqbal Hussain As Jamia Pro-Vice Chancellor

Title: MD SHAMI AHMAD ANSARI & ANR v. JAMIA MILLIA ISLAMIA & ORS and other connected matters

Citation: 2024 LiveLaw (Del) 622

The Delhi High Court has quashed the appointment of Prof. Eqbal Hussain as the Pro Vice Chancellor and consequently as the Officiating Vice Chancellor of Jamia Millia Islamia Office.

“Since the respondent no. 2 (Hussain) has not been appointed in terms of Statute, his continuation in the office of Vice Chancellor as the Officiating Vice Chancellor cannot be permitted further,” Justice Tushar Rao Gedela observed.

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

Title: SACHIN KUMAR AGGARWAL v. STATE NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1271

The Delhi High Court has observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court.

Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can the victim argue that the Public Prosecutor has made a wrong submission.

Quashing Sexual Violence Cases Based On Monetary Payments Would Imply 'Justice Is For Sale': Delhi High Court

Title: RAKESH YADAV & ORS. v. STATE OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 737

The Delhi High Court has observed that criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments as doing so would imply that “justice is for sale.”

Justice Swarana Kanta Sharma made the observation while rejecting a plea moved by a rape accused seeking quashing of an FIR registered by a woman on the ground that the matter was amicably settled between the parties and that she agreed to settle her claims for Rs. 1.5 lakhs.

Upper Side Of Age Must Be Considered In POCSO Cases Where Victim's Age Is Estimated Through Bone Ossification Test: Delhi High Court

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

Citation: 2024 LiveLaw (Del) 740

The Delhi High Court has ruled that in cases under the POCSO Act, the court is required to consider the upper side of the estimated age of the victim where the age of is proved through bone age ossification test.

“In such cases of sexual assault, wherever, the court is called upon to determine the age of victim based on "bone age ossification report", the upper age given in "reference range‟ be considered as age of the victim,” a division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain observed.

Need To Enhance Disciplinary Mechanisms Against CA Firms, ICAI Must Be Strengthened By Notifying 2022 Amendment Act: Delhi High Court

Title: HARINDERJIT SINGH v. DISCIPLINARY COMMITTEE BENCH III THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR. and other connected matters

Citation: 2024 LiveLaw (Del) 750

The Delhi High Court has observed that there is a need for enhancing and strengthening the disciplinary mechanisms against firms of Chartered Accountants (CAs) as well as to enhance the accountability and transparency of such firms.

Justice Prathiba M Singh said there is an imminent need for strengthening the Institute of Chartered Accountants of India (ICAI) by expeditiously notifying the amendments passed by the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2022.

Safety Of Patients, Staff Is Of Paramount Importance: Delhi High Court Directs Inspection Of Nursing Homes For Fire Safety Compliance

Case title: Delhi Medical Association & Anr. vs. Govt NCT of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 760

The Delhi High Court has directed the Directorate General of Health Services, Delhi Fire Service and Delhi Development Authority to form a Joint Committee and immediately inspect the private nursing homes to demine whether they are following fire safety norms or not.

Take Steps For Online Registration Of Muslim, Christian Marriages Under Compulsory Marriage Order: High Court To Delhi Govt

Title: SH. REHAN ELAHI & ANR. v. GOVT OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 791

The Delhi High Court has expressed displeasure with the Delhi Government over its failure to issue administrative instructions, despite a judicial order passed nearly three years ago, regarding online registration of marriages solemnized under Muslim and Christian Personal Laws under the Compulsory Registration of Marriage Order, 2014.

Calling it a “systematic failure”, Justice Sanjeev Narula directed Delhi Government's IT Department to immediately take steps to enable marriage registration on the government online portal.

High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval Required

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI

Citation: 2024 LiveLaw (Del) 801

The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387 crores and to implement on priority basis the project for having hybrid hearing in the 691 Courts in the national capital.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela clarified that a comprehensive tender for all the district courts, including pilot courts, shall be floated.

Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem

Title: Kismatun v. State

Citation: 2024 LiveLaw (Del) 816

The Delhi High Court has transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.

Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.

Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District

Title: Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 822

Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital.

A division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain directed Principal District & Sessions Judges of all districts of the national capital to provide requisite office space to the Public Prosecutors posted in their respective districts.

Delhi High Court Rejects PIL Against Centre's Notification Declaring June 25 As 'Samvidhaan Hatya Diwas'

Title: Samir Maliv v. Union of India

Citation: 2024 LiveLaw (Del) 845

The Delhi High Court has dismissed a PIL against a recent notification issued by the Union Government declaring that 25th of June every year be observed as 'Samvidhaan Hatya Diwas' on the anniversary of the proclamation of Emergency in 1975.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela observed that the notification in no way undermines or insults the Constitution of India.

Delhi High Court Directs Baba Ramdev To Take Down Claims Blaming Allopathy For Covid-19 Deaths And Promoting Coronil

Case Title: Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors.

Citation: 2024 LiveLaw (Del) 853

The Delhi High Court has directed Yoga guru Baba Ramdev and Acharya Balakrishna to remove their statements claiming that allopathy was responsible for deaths of lakhs of people in COVID-19 and that Patanjali's Coronil is a “cure” for virus.

Justice Anup Jairam Bhambhani passed order in the interim injunction application moved in a suit filed by various doctors' associations in 2021.

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