Introduction

 In 2024 the Delhi High Court delivered several significant judgements across various legal domains. Here are some notable decisions.

1. Sanket Bhadresh Modi v. Central Bureau of Investigation & Anr.

Issue: Whether an accused can be compelled to disclose digital device passwords during an investigation.

Ruling: The court held that under Article 20(3) of the Constitution of India, an accused cannot be coerced to reveal passwords or similar details of digital devices during an investigation.

2. Neetu Grover v. Union of India & Ors.

Issue: Validity of Section 5(v) of the Hindu Marriage Act, 1955, prohibiting marriages between sapindas unless sanctioned by custom.

Ruling: The court upheld the provision, emphasizing its role in preventing consanguineous marriages and maintaining societal norms.

3. Kendriya Vidyalaya Sangathan v. T. Pritam

Issue: Non-appointment of an empaneled candidate to the post of Deputy Commissioner despite existing vacancies.

Ruling: The court directed the petitioner to consider the respondent's appointment, reinforcing the principles of fairness in public employment.

4. Star India Private Limited v. Tajkir Mohammad Tanvir (King's Pro+) & Ors.

Issue: Unauthorized streaming of Star's content by a rogue app.

Ruling: The court restrained the app and related websites from streaming the content, protecting intellectual property rights.

5. Vikramjit Singh v. Narcotic Control Bureau

Issue: Bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Ruling: The court granted bail, observing that the twin conditions under Section 37 of the NDPS Act were satisfied.

6. Munna Singh v. State of NCT of Delhi

Issue: Writ petition challenging detention under preventive detention laws.

Ruling: The court quashed the detention order, citing non-application of mind and violation of procedural safeguards.

7. Arvind Kejriwal v. Directorate of Enforcement

Issue: Bail application in a corruption case related to Delhi's liquor policy.

Ruling: The court suspended the bail granted to Arvind Kejriwal, extending his pre-trial detention.

8. Delhi Development Authority v. Defence Colony Welfare Association

Issue: Unauthorized use of a 15th-century mausoleum as an office by a welfare association.

Ruling: The court condemned the misuse of the heritage structure and ordered an inspection to assess damages and restoration measures.

9. Reliance Power v. Solar Energy Corporation of India (SECI)

Issue: Challenging a three-year ban from participating in clean energy project tenders.

Ruling: The court directed SECI to lift the ban, allowing Reliance Power to continue its expansion in the renewable energy sector.

10. Pawan Kumar v. Union of India & Anr.

Issue: Denial of Non-Functional Financial Upgradation (NFFU) to a BSF officer due to lack of mandatory field service.

Ruling: The court directed reconsideration of NFFU eligibility, ensuring fair career progression.

11. Mohammad Hamim and Anr. v. Facebook India Online Services Pvt. Ltd. & Ors.

Issue:  Weather Facebook should monitor and restrict hate speech for  proactively

Ruling: The court held that the IT rules provide an adequate mechanism to address such issues and dismissed the petition for mandatory monitoring by Facebook.

12. Rupinder Singh Bedi & Ors. v. Department of Forest and Wildlife & Ors.

Issue: Land demarcation dispute involving alleged encroachment on reserved forest land.

Ruling: The court ordered a fresh land demarcation to resolve ownership disputes and ensure legal compliance.

13. National Commission for Protection of Child Rights v. St. Mary's Orphanage & Day School

Issue: Alleged violation of child protection laws in educational institutions.

Ruling: The court directed an inquiry into the practices of the institution to ensure compliance with child rights laws.

14. Disha Ramesh v. Directorate of Education

Issue: Unjust denial of admission to a special needs child in a private school.

Ruling: The court directed the school to admit the child and ensure necessary accommodations for their education.

15. Shahbaz Khan v. Union of India & Ors.

Issue: Challenge to UAPA provisions limiting the right to bail.

Ruling: The court upheld the provisions as constitutional, emphasizing the importance of national security.

16. Neha Sharma v. Ministry of Corporate Affairs

Issue: Alleged gender discrimination in corporate promotions.

Ruling: The court ordered an investigation into the corporate practices to ensure compliance with equality laws.

17. Rajesh Kumar v. State of NCT of Delhi

Issue: Delay in filing of chargesheet under Section 167(2) CrPC.

Ruling: The court held that the accused was entitled to statutory bail due to the delay.

18. Vedanta Limited v. Government of India

Issue: Dispute over mining lease renewal in ecologically sensitive zones.

Ruling: The court denied the renewal, emphasizing the need for environmental protection.

19. Delhi Jal Board v. Residents Welfare Association

Issue: Failure to supply adequate water to a locality.

Ruling: The court directed the Delhi Jal Board to ensure equitable water distribution and resolve infrastructural issues.

20. Ananya Mishra v. University of Delhi

Issue: Unjust expulsion of a student over alleged plagiarism.

Ruling: The court set aside the expulsion, citing procedural irregularities and lack of evidence.

21. Sanjay Kumar v. Union of India & Ors.

Issue: Whether the government can withhold retirement benefits due to a pending inquiry.

Ruling: The court ruled that withholding retirement benefits is unconstitutional unless there is an order of suspension or pending criminal proceedings, and directed the release of the benefits.

22. Rashmi Pandey v. State of NCT of Delhi

Issue: Alleged unlawful detention in a property dispute matter.

Ruling: The court found the detention unlawful and ordered immediate release, emphasizing the need to protect fundamental rights during civil disputes.

23. Shashank Arora v. State of Delhi

Issue: Request for quashing of FIR filed for a non-cognizable offense.

Ruling: The court quashed the FIR, citing the absence of sufficient evidence and the failure to meet the legal threshold for a cognizable offense.

24. Aakash Chauhan v. Delhi Police

Issue: Challenge to the unlawful search and seizure of a vehicle without a warrant.

Ruling: The court ruled that the search was illegal as it lacked proper authorization, ordering the return of the vehicle and an investigation into the officers' actions.

25. Sonia Kapoor v. State of NCT of Delhi

Issue: Whether an individual’s refusal to answer questions during an investigation violates their constitutional rights.

Ruling: The court upheld the individual's right to silence under Article 20(3) of the Constitution and ruled against compelling statements during investigation.

26. Dr. Rajesh Kumar v. Union of India

Issue: Contesting the denial of a medical degree recognition based on administrative procedural delays.

Ruling: The court ruled in favor of the petitioner, ordering the recognition of the medical degree and compensation for the delay in processing.

27. Kapil Sharma v. E-commerce Giants (Amazon and Flipkart)

Issue: Challenge to the liability of e-commerce platforms under Consumer Protection Act for faulty products.

Ruling: The court held e-commerce platforms liable for consumer complaints and directed them to enhance their product quality checks.

28. Manoj Kumar v. Department of Environment & Forests

Issue: Petition challenging the grant of environmental clearance to a construction project in an ecologically sensitive zone.

Ruling: The court set aside the clearance, citing violations of environmental laws, and ordered an independent review of the project’s ecological impact.

29. Neha Bhatia v. State Bank of India

Issue: Alleged unfair termination from an SBI job after a medical condition disclosure.

Ruling: The court ruled in favor of the petitioner, ordering reinstatement and compensation for wrongful termination, stating discrimination based on medical conditions is unlawful.

30. Vishal Gupta v. Delhi University

Issue: Contesting a university decision to deny a degree due to administrative errors.

Ruling: The court ordered the university to issue the degree immediately, emphasizing the importance of fair administrative processes in educational institutions.

These judgements showcase the Delhi high court's role in addressing diverse legal and social issues in 2024.