Delhi High Court Rules

The High Court of Delhi was established on 31st October, 1966.

Initially, the High Court of Judicature at Lahore, which was established by a Letters Patent
dated 21st March, 1919, exercised jurisdiction over the then provinces of the Punjab and
Delhi. This position continued till the Indian Independence Act, 1947 when the dominions of
India and Pakistan were created.

The High Courts (Punjab) Order, 1947 established a new High Court for the territory of what
was then called the East Punjab with effect from 15th August, 1947. The India (Adaptation of
Existing Indian Laws) Order, 1947 provided that any reference in an existing Indian law to
the High Court of Judicature at Lahore, be replaced by a reference to the High Court of East
Punjab.
The High Court of East Punjab started functioning from Shimla in a building called
"Peterhoff". This building burnt down in January, 1981.

When the Secretariat of the Punjab Government shifted to Chandigarh in 1954-55, the High
Court also shifted to Chandigarh. The High Court of Punjab, as it is later came to be called,
exercised jurisdiction over Delhi through a Circuit Bench which dealt with the cases
pertaining to the Union Territory of Delhi and the Delhi Administration.

In view of the importance of Delhi, its population and other considerations, Parliament
thought it necessary to establish a new High Court of Delhi. This was achieved by enacting
the Delhi High Court Act, 1966 on 5th September, 1966.

The High Court of Delhi initially exercised jurisdiction not only over the Union Territory of
Delhi, but also Himachal Pradesh. The High Court of Delhi had a Himachal Pradesh Bench at
Shimla in a building called Ravenswood. The High Court of Delhi continued to exercise
jurisdiction over Himachal Pradesh until the State of Himachal Pradesh Act, 1970 was
enforced on 25th January, 1971.
The High Court of Delhi was established with four Judges. They were Chief Justice
K.S.Hegde, Justice I.D.Dua, Justice H.R.Khanna and Justice S.K.Kapur.

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The Delhi High Court doesn’t have much of rules for its conduct. Many rules of the Punjab
and Haryana High Court has been extended to the Delhi High Court and same are applicable
to its jurisdiction.

I. Advocates and their Course of Conduct

Delhi High Court has not so far made any rules under the Advocates Act, 1961 so
these rules of Punjab and Haryana High Court are still applicable in Delhi.
Conducts, duties and Powers of Advocates has been mentioned in Volume V, Chapter
6 of the Punjab and Haryana High Court.

i. An advocate is bound to accept any brief in the Court in which he profess to

practise at a proper professional fee, according to the length and difficulty of
the case, unless there are special circumstances.
ii. An Advocate is not allowed to take instructions in any case except from the
party or some person who is recognised agent of such party or any such person
authorised by the party.
iii. When an Advocate accepts any appointment under Government or in a limited
liability or other company or engages in any trade or business, he shall
forthwith give notice thereof to the High Court and the Chief Justice and
Judges may suspend him from practice or pass such orders as they may think
fit.
iv. No Advocate shall do anything by way of advertisement or touting or
soliciting for work.
v. An advocate should not accept any brief through a tout.
vi. An advocate should not enter into an agreement with client for any
consideration over and above his fees in case of success.
vii. An Advocate should file a false certificate of fees. It is a professional
misconduct.
viii. An Advocate is under no obligation, to appear for his client in circumstances
of non- payment of fees.
ix. No advocate shall engage with any property sold in execution of a decree or
order in any suit appeal or other proceedings in which he was in any way
professionally engaged.

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 x. No Advocate can be required to accept a retainer or brief or to advise
pleadings in any case where he has previously advised another party on or in
connection with the case, and he ought not to do so in any case in which he
would be embarrassed in the discharge of his duty by reason of confidence
reposed in him by the other party or his action would be inconsistent with the
obligation of any retainer held by him; and in any such case it is his duty to
refuse to accept such retainer brief or to advise or to draw pleadings; and in
case such retainer or brief has been inadvertently accepted, to return the case
along with the fee, if any, received by him.
xi. An Advocate who has accepted a retainer from a party should not accept the
retainer or brief offered by the opposite party unless he has given the former
reasonable notice and that party has defaulted in giving him the brief within a
reasonable time.
xii. No advocate should accept brief in a case which he has acted in a Judicial,
Quasi- judicial character.
xiii. An Advocate of another High Court, with the special permission of the
Hon’ble Chief Justice of the Bench hearing the case, may appear and plead
before the Court, provided that an Advocate of this Court appears along with
him.

II. Role and Power of Single Judge

Delhi High Court has framed rules related to its Original Jurisdiction in Civil Matters,
namely Delhi High Court (Original Side) Rules, 2018. And same deals with role and
powers of Single Judge in Civil Matters. However, in Criminal Matters, the rules
framed by the Punjab & Haryana High Court has been made applicable to Delhi High
Court.

Chapter II of the Delhi High Court (Original Side) Rules, 2018 lists the role and
power of Single Judge under Rule 1 and 7.
i. Rule 1 mentions that every suit coming before the Court in its Ordinary
Original Civil Jurisdiction shall be tried and heard by Single Judge.
ii. Rule 7 states about matter which may be heard and determined by a Judge in
Chambers, namely:

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  Appeal from the order of the Registrar or a reference made by him or
directed to be made by the Judge in Chambers;
 Application for arrest before judgment, for attachment before judgment
and for appointment of a receiver;
 Applications by defendant where he pleads a set-off or counterclaim
under Order VIII of the CPC;
 Applications by receivers, guardians and other relating to the
management and disposal of the property;
 Applications under Rule 4, Order II to join causes of action in a suit for
the recovery of immovable property;
 Applications for stay of execution under Rule 26(1) and (2) of Order
XXI of the Code;
 Application for separate trials of different causes of action joined in
one suit;
 Applications for amendment of pleadings and for enlargement of time
to amend pleadings;
 Application for executions of a decree or order, or for arrest of a
judgment-debtor when such judgment-debtor does not appear on the
day of hearing fixed.

Jurisdiction of Single Judge under Punjab & Haryana High Court, which are
applicable in Delhi has been mentioned in Rule 1, Part B, Chapter 3, Volume V. This
rule states cases ordinarily to be heard by a Single Judge, namely:
i. A motion to admit an application under various Orders of the CPC, or when
under these rules is not expressly required to be made to a Bench of two or
more Judges; or which is made in any matter within the jurisdiction of a Judge
sitting alone and which is otherwise expressly provided for.
ii. A motion for the admission of an appeal, including a first and second appeal;
iii. An application for Refence under any Central or State Act.
iv. An application for the withdrawal of an appeal or application, or for a consent
decree or order;

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 v. Application or petition under Article 226 of the Constitution for the issue of
any directions, orders or writs for the enforcement of fundamental rights for
any other purpose except in certain circumstances.
vi. Petitions/Appeals arising from the orders of following statutory Tribunals:
a. Industrial Dispute Tribunal
b. Delhi School Tribunal
c. NDMC/ MCD Tribunal
d. Rent Control Tribunal
e. Motor Vehicle Tribunal
f. Railway Claim Tribunal
g. Workmen Compensation Tribunal
h. Employee Provident Fund Tribunal
vii. an appeal, petition or reference under the Code of Criminal Procedure, other
than—
a. an appeal or reference or a petition for enhancement of sentence in a
case in which a sentence of imprisonment for life has been passed;
b. an appeal under Section 417 of the Code from an order of acquittal;
c. a case submitted under Section 307 of the CrPC;
d. a case in which notice has issued to a convicted person who has been
sentenced to imprisonment for a term of seven years or more to show
cause why the sentence should not be enhanced;
e. a case in which notice has issued to a convicted person requiring him
to show cause why his conviction should not be altered to one of an
offence punishable only with death or imprisonment for life;
viii. A case coming before the High Court in the exercise of its ordinary or extra-
ordinary Original Criminal jurisdiction (including a case under Article 226 of
the Constitution of India).

III. Civil and Criminal jurisdiction of the Court

The powers and functions of High Courts have not been described in detail in the
constitution. Before the present constitution was adopted, the High Courts with well-
defined powers, were functioning in different states. Thus, the framers of the
constitution did not feel the need of describing in detail the jurisdiction of High
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 Courts. On the other hand, the Supreme Court, being a new creation, required a dear
definition of its powers and jurisdiction. The powers and functions of High Courts-
may be discussed under the following five heads:

Original Jurisdiction:
In some matters cases can be directly filed in the High Courts. This is Called the
original jurisdiction of the High Court.

(a) Fundamental Rights: Our constitution has given Fundamental Rights to citizens.
In any democracy, fundamental or basic rights have a special place and it is the duty
of the state to ensure that the citizens enjoy fundamental rights without any fear or
danger. In our country, the judiciary has been given the power to protect the
fundamental rights of citizens. Under Article 32, the Supreme Court exercises this
power to enforce fundamental rights. Besides the Supreme Court, the High Courts
also enjoy this power under Article 226. With this power vested in the High Courts, it
has been relatively easier for the citizens to fight against any threat to their
fundamental rights. In a vast country like India, it is not easy for an ordinary citizen to
rush to the Supreme Court for the defence of his fundamental rights. Under Article
226, the High Court shall have the power issue any person or authority, directions,
orders or writs in nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto
and Certiorari or any of them for the enforcement of any of the fundamental rights
and for any other purpose. The phrase, ‘for any other purpose’ was taken away by the
42nd Amendment Act. Further, this Amendment said that the High Court could not
issue any order or injunction unless the matter was such that the loss or damage to the
petitioner could not be compensated in money. The 42nd Amendment also deprived
the High Court of the power to decide the constitutional validity of any Central Law.
However, the High Court was restored these powers through the Forty Third and
Forty Fourth Amendments. Now the High Court is empowered to entertain any
petition for the redressal of any injury even if, by or under any law, remedy for such
redressal has been provided for. Election cases are entertained by the High Court
through this power. According to D. D. Basu, the High Court has larger jurisdiction
than the Supreme Court in respect of issuing writs. The Supreme Court, under Article
32, can issue writs only where a fundamental right has been infringed upon. But a
High Court, under Article 226, can issue them not only in such cases, but also where
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 an ordinary legal right has been infringed upon, provided a writ is a proper remedy in
such cases.

(b) Election Cases: Cases relating to elections, Election Petitions, can be directly filed
in the High Court.

Appellate Jurisdiction of High Court:

The High Court has appellate jurisdiction over both civil and criminal cases. It can
hear appeal on civil cases tried by the Courts of Munsifs and District Judges. In
criminal cases, the jurisdiction extends to cases tried by the Sessions and Additional
Sessions Judges. An appeal can be filed against the decision of a Session Judge if the
accused has been sentenced for 7 years or more. Capital punishment given by a
sessions judge cannot be executed unless it is confirmed by the High Court. Civil
cases refer to property, marriage, adoption etc. while criminal cases cover crimes like
murder, bribery, injury etc. The Forty Second Amendment disallowed the High Court
to hear appeals against Tribunals and the decisions of various Corporations
established under the law of the state. But this restriction on the High Court’s
appellate jurisdiction was removed by the Forty Third Amendment.

Supervisory Jurisdiction:
The High Court, under Article 227, has the power of superintendence over all the
Courts and Tribunals except those which deal with Armed Forces located in the state.
The High Court has the power to : (a) call for return from such courts; (b) make and
issue general rules and prescribe forms for regulating the practice and proceeding of
such courts and (c) prescribe forms in which books, entries and accounts are to be
kept by the officers of such courts. The power of superintendence, vested in the High
Court, is judicial as well as administrative in nature. The High Court is thus in charge
of the administration of justice in the state. It is important to note that the Supreme
Court has no similar power vis-a-vis the High Courts.

Administrative Jurisdiction:
The officers and servants (employees) of the High Court are under its total control.
They are appointed by the Chief Justice or any other Judge or officer of the High
Court, as he may direct (Article 229). However, the High Court may be required by
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 the Governor of the state to consult the Public Service Commission while appointing
the officers and staff of the High Court. The Chief Justice has the power to suspend or
dismiss any of the officers or servants of the High Court. He or any other Judge of the
High Court authorized by him, shall determine the service conditions of its officers
and staff subject to any act of the state legislature. The administrative expenses of the
High Court are charged upon the Consolidated Fund of the State. These are non-
voteable.

Power to Transfer cases from Subordinate Courts :

If the High Court is satisfied that a case pending in a Subordinate Court involves a
substantial question of law as to the interpretation of the constitution, it may withdraw
the case to itself and do either of the following two : (i) it will dispose of the case; or
(ii) it will determine the question of law and return the case to the concerned court
along with its judgement and direct tenant court to dispose of the case in conformity
with this judgement. The exercise of this power by this High Court serves a good
purpose. It prevents multiple and conflicting interpretations of tile constitutions by
Subordinate Courts. The High Court has also the power to call for any records from
any Subordinate Court to examine the orders passed by them. In exercising this
power, the High Court seeks to ensure that the orders passed by the Subordinate
Courts are legal and correct.

A Court of Record:
The High Court is a Court of Record. Its decisions are binding for all Subordinate
Courts. The decisions and proceedings of the High Court have evidentiary value and
no Subordinate Court can challenge them.

Miscellaneous Powers:
(a) The High Court has the power to send for the judgment of lower court. By
exercising this power, the High Court can examine the legal validity of this judgment.
(b) The High Court can punish any person or institution for contempt of court.