The High Court of Delhi is the constitutional court for the National Capital Territory of Delhi. It exercises writ jurisdiction under Article 226 of the Constitution, appellate and revisional jurisdiction over the District Courts of Delhi, and original jurisdiction in certain commercial and intellectual property matters.
Jurisdiction of the High Court of Delhi
As the constitutional court for the NCT of Delhi, the High Court entertains writ petitions under Article 226 — including petitions for habeas corpus, mandamus and certiorari against the State and its instrumentalities. On the criminal side, it hears appeals against convictions and acquittals, criminal revisions, bail and anticipatory bail applications, and petitions for quashing of FIRs and criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 482 of the CrPC).
On the civil and family side, the High Court hears appeals from decrees of the Family Courts and District Courts, including matrimonial appeals under the Hindu Marriage Act, 1955 and the Family Courts Act, 1984. It also exercises original jurisdiction in commercial suits above the prescribed pecuniary threshold and in intellectual property disputes such as trade mark and copyright actions.
The Chamber's Work at the High Court
Advocate Manish Jha has appeared before the High Court of Delhi as part of a litigation practice spanning more than fifteen years. The chamber's High Court work includes:
- Writ petitions under Article 226, including petitions concerning police inaction, illegal detention and challenges to administrative action;
- Criminal appeals and revisions arising from judgments of the Sessions Courts, including matters connected with the chamber's trial-court defence work;
- Bail and anticipatory bail applications where relief has been declined by the Sessions Court, or where the offence is triable exclusively by it;
- Petitions for quashing of FIRs and chargesheets, including matrimonial FIRs where parties have arrived at a settlement;
- Matrimonial appeals against decrees of the Family Courts in divorce, custody and maintenance matters.
A Note for Litigants
Proceedings before the High Court are document-intensive: certified copies of the orders under challenge, the trial court record and a properly prepared paper book are usually essential. A litigant engages counsel through a vakalatnama, and matters are listed according to the court's roster. The chamber prepares High Court matters only after studying the record of the courts below.
Frequently Asked Questions
When can an FIR be quashed by the High Court of Delhi?
The High Court may quash an FIR or criminal proceeding under Section 528 BNSS (earlier Section 482 CrPC) where the allegations do not disclose an offence, where the proceeding is an abuse of process, or, in appropriate categories of cases, where the parties have genuinely settled. The power is discretionary and depends entirely on the facts of each case.
Can a bail application be filed directly in the High Court?
Ordinarily an accused first approaches the Sessions Court, and moves the High Court if bail is declined there. Both courts have concurrent jurisdiction under the BNSS, but the usual practice in Delhi is to exhaust the Sessions remedy first. The chamber advises on the appropriate forum after examining the FIR and the stage of the investigation.
Does the High Court of Delhi hear divorce appeals?
Yes. Appeals against judgments and decrees of the Family Courts in Delhi — in divorce, restitution, maintenance and custody matters — lie to the High Court of Delhi under the Family Courts Act, 1984 and the matrimonial statutes. Limitation periods apply, so the certified copy of the decree should be obtained promptly.
What documents are needed to brief counsel for a High Court matter?
Typically the FIR or plaint, the orders or judgment under challenge, certified copies where available, and the record of the proceedings below. A signed vakalatnama authorises counsel to appear. The chamber reviews these papers before advising whether an appeal, revision, writ or quashing petition is the appropriate remedy.