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Top Ten Legal Headlines of The Week-05 Feb 2024

Top Ten Legal Headlines of The Week-05 Feb 2024


1. Can the Dismissal of Six Women Judges Be Reconsidered? Supreme Court Ask Madhya Pradesh High Court

A bench led by Justices BV Nagarathna and Sanjay Karol was reviewing a Suo motu writ petition initiated by the Supreme Court regarding the termination of judges by the Madhya Pradesh government in June of the previous year. In recent months, the Court served notice to the Registrar General of the Madhya Pradesh High Court in relation to the Suo motu case. On Friday (February 2), the Supreme Court verbally inquired with the Madhya Pradesh High Court about the possibility of reevaluating the decision to terminate the services of six female judges.

2. Allahabad High Court declines interim stay on Varanasi court order allowing Hindu prayers in Gyan Vapi mosque cellar

 On Friday, the Allahabad High Court rejected an interim stay on a district court order allowing Hindu prayers in the Gyan Vapi mosque's southern cellar in Varanasi. The court granted the Muslim party until February 6 to amend its pleadings, challenging a January 17 order linked to the January 31 decision.

3. Supreme Court issues notice to UP Bar Council on plea challenging enrolment fee of ?16,665 for lawyers

The petitioner, a 2023 graduate from the Faculty of Law at Banaras Hindu University, highlighted the need to pay ?16,665 as enrolment fees with an additional ?5,000 for expedited processing within one day. On this, the Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, directed the UP-Bar Council to respond and scheduled the hearing for two weeks later. The Supreme Court issued notice to the Bar Council of Uttar Pradesh (UP Bar Council) in response to a plea challenging the high fees for advocate enrolment filed by Kuldeep Mishra.

4. Supreme Court refuses to interfere with Hemant Soren's arrest by ED; asks him to move Jharkhand High Court first

 The Supreme Court rejected the plea of former Jharkhand Chief Minister Hemant Soren against his arrest by the Enforcement Directorate in a land scam money laundering case. The ED accused Soren of involvement in an illegal land ownership change racket in Jharkhand. The court advised him to approach the Jharkhand High Court first. Several individuals, including an IAS officer, have been arrested.

5. Ashneer Grover, Madhuri Jain Grover move Delhi High Court challenging Look Out Circular

Ashneer Grover and Madhuri Jain Grover, co-founder and former MD of BharatPe, challenged Look Out Circulars (LOC) in the Delhi High Court regarding fraud allegations by BharatPe. Their lawyer, Giriraj Subramanium, argued their cooperation with the investigation, and the court adjourned the case to May 8, noting the early stage of the probe. The Grovers' plea against the Economic Offences Wing FIR is also pending. Justice Prasad suggested authorities consider their request to travel abroad for two days.

6. Women need to support women: KARM launches Law Fellowship for girls from underserved homes

Four years since its inception in 2020 by Radhika and Kartik Bharat Ram, the KARM Graduate Fellowship continues its commitment to empowering bright young women from economically disadvantaged backgrounds to pursue higher education and achieve financial independence. Building Faculty of Delhi University, aiming to provide valuable experiences for aspiring individuals.

 7. Offence of criminal defamation should be retained: Law Commission of India

The Supreme Court upheld the constitutionality of Section 499 of the Indian Penal Code, penalising defamation, in the Subramanian Swamy v Union of India case. The 22nd Law Commission, chaired by former Karnataka High Court Chief Justice Ritu Raj Awasthi, has recommended retaining criminal defamation within the country's legal framework in its report to the Union Ministry of Law and Justice.

8. The plea was filed in the Delhi High Court against BCI's decision to allow entry of foreign law firms into India

     Advocates, including Narendra Sharma and Arvind Kumar Bajpai, have filed a plea challenging a Bar Council of India (BCI) notification allowing foreign lawyers to practice non-litigious matters in India. The case, titled Narendra Sharma and Ors v. Bar Council of India and Ors, was listed for a hearing at the Delhi High Court. The proceedings were adjourned to February 6 due to the absence of the BCI's counsel.

9. Adultery of a parent cannot be the sole ground to deny custody of the child to him/ her: Delhi High Court

The Delhi High Court ruled that accusing a spouse of adultery doesn't automatically deem them an unfit parent. The court emphasised that custody decisions should not solely hinge on adultery allegations; additional evidence demonstrating adverse effects on the children's welfare is necessary for such determinations. The Division Bench, consisting of Justices Suresh Kumar Kait and Neena Bansal Krishna, held that unless proven adultery directly impacts the well-being of the children, it shouldn't be the decisive factor in denying parental custody.

10. Criminal prosecution can be initiated or continued even after exoneration in departmental proceedings: Kerala High Court


  The Kerala High Court, in the case of Sajan T Sunny v. State of Kerala, clarified that exoneration in departmental proceedings does not automatically terminate criminal proceedings on identical charges. Justice Kauser Edappagath cited conflicting decisions and noted a Supreme Court ruling stating that exoneration in departmental proceedings does not ipso facto lead to the quashing of criminal prosecution.