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

LiveLaw reported 1357 judgments from Delhi High Court in 2023. Here are some of the important decisions:1. 'Cannot Overlook Rights Of Accused Or Convict': Delhi High Court Asks Trial Court Judges To Show Sensitivity Towards UndertrialsTitle: MR. SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI)Citation: 2023 LiveLaw (Del) 12The Delhi High Court has advised trial court judges to pay “special attention” and “show sensitivity” in cases where accused persons are languishing in jails as undertrials and also where they may be rendered remediless.Justice Swarana Kanta Sharma observed that although criminal courts are duty bound to consider rights of the victim, they cannot overlook or brush aside the rights of an accused or a convict.2. Delhi High Court Dismisses PIL Seeking Constitution Of 'Politically Neutral Body' For FCRA ImplementationTitle: ASSOCIATION FOR DEMOCRATIC REFORMS & ANR v. UNION OF INDIACitation: 2023 LiveLaw (Del) 24The Delhi High Court dismissed a public interest litigation seeking constitution of an independent and "politically neutral body" for implementation of Foreign Contribution (Regulation) Act to avoid misuse of law by the executive.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad pronounced the decision. The plea was moved by the Association for Democratic Reforms and Dr. E.A.S. Sarma, former Secretary to the Government of India in 2015.3. Paramilitary Forces Are Armed Forces Of Union, Old Pension Scheme Applicable To Personnel Of All CAPFs: Delhi High CourtTitle: PAWAN KUMAR AND ORSCitation: 2023 LiveLaw (Del) 29The Delhi High Court has ruled that the benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972 shall be applicable for all the personnel of Central Armed Police Forces and directed the Centre to issue necessary orders within eight weeks.The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, in its decision on a batch of 82 petitions seeking quashing of orders denying the benefit of OPS to personnel of CRPF, BSF, CISF and ITBP, said the notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme "shall be applicable in rem."4. Delhi High Court Rejects Plea Seeking Review Of Judgment Dismissing PIL Against CJI Chandrachud's AppointmentTitle: SANJEEV KUMAR TIWARI v. UNION OF INDIA AND ORSCitation: 2023 LiveLaw (Del) 44The Delhi High Court rejected a plea seeking review of a judgment dismissing the public interest litigation that had last year challenged the appointment of Chief Justice of India DY Chandrachud. A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan observed that the petition was an appeal “disguised as a review” and it did not fall within the four corners of review. 5. Pathaan Movie: Delhi High Court Directs Yash Raj Films To Prepare Audio Description, Subtitles For Hearing & Visually Impaired PeopleTitle: AKSHAT BALDWA & ORS. v. YASH RAJ FILMSCitation: 2023 LiveLaw (Del) 48 The Delhi High Court directed Yash Raj Films to prepare audio description, close captioning and subtitles in Hindi language for the OTT release of its upcoming movie Pathaan to make it accessible for hearing and visually impaired persons. Justice Prathiba M Singh directed the producer Yash Raj Films to prepare audio description, close captioning and subtitles of the movie within two weeks and submit it to Central Board of Film Certification (CBFC) for a decision on re-certification by February 20. The court directed that a decision on recertification of the film be taken by March 10. 6. Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High CourtTitle: ARUSHI MEHRA & ANR. v. GOVT. OF NCT OF DELHI & ANR.Citation: 2023 LiveLaw (Del) 53The Delhi High Court has observed that there is no requirement of “at least one party being a citizen of India” for solemnization and registration of marriage of a couple under the provisions of Special Marriage Act, 1954.Justice Prathiba M Singh noted that section 4 of the enactment leaves no doubt that any two persons can seek solemnization of their marriage so long as conditions stipulated in the provision are fulfilled.7. Not Allowing Student To Take Board Exams On Ground Of Non Payment Of Fees Violative Of Article 21: Delhi High CourtTitle: PSV v. THE INDIAN SCHOOL & ANRCitation: 2023 LiveLaw (Del) 61The Delhi High Court has observed that barring a student from taking examinations on the ground of non-payment of fees would be infringement of rights of a child as guaranteed under Article 21 of the Constitution of India.Justice Mini Pushkarna observed that a child's future cannot be allowed to be spoiled and blemished by barring him or her from taking examinations, especially at a crucial juncture of class X and XII examinations. 8. No Requirement Of Birth Certificate To Prove POCSO Victim's Age, Any School Certificate...

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

Nupur Thapliyal

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