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 CourtTitle: EMECHERE MADUABUCHKWU v. STATE NCT OF DELHI & ANR.Citation: 2023 LiveLaw (Del) 470The 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 CourtTitle: TARUN KUMAR & ANR. v. THE PRINCIPAL HAPPY HOURS SCHOOL & ORS.Citation: 2023 LiveLaw (Del) 474The 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 CourtTitle: AL TAWAF HAJJ AND UMRAH TRAVEL AND TOURISM v. UNION OF INDIA and other connected mattersCitation: 2023 LiveLaw (Del) 503The 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 CourtTitle: SADANAND AND ANR. v. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS.Citation: 2023 LiveLaw (Del) 509Observing 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 CourtCase Title: South Delhi Municipal Corporation Versus B N MagonCitation: 2023 LiveLaw (Del) 535Holding 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 CirculationTitle: RAJNEESH BHASKAR GUPTA versus Reserve Bank of India & Anr.Citation: 2023 LiveLaw (Del) 539The 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...

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

Nupur Thapliyal

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