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Top ten Legal Headlines of The Week-13 Dec 2023

Top ten Legal Headlines of The Week-13 Dec 2023


                  	

1. Karnataka High Court grants bail to Gauri Lankesh murder accused Mohan Nayak; first bail in the case

The Karnataka High Court granted bail to Mohan Nayak, the first person to receive bail in the Gauri Lankesh murder case. The court noted that none of the 23 witnesses linking Nayak to the conspiracy mentioned his presence at the alleged meeting. Witnesses mainly cited Nayak's rental of a house near Bengaluru without substantial evidence of his involvement in the murder plot.

2. Will not permit bench hunting; case follows judge to whom it has been assigned: Supreme Court Registry

The Supreme Court Registry, facing criticism over alleged improper case listings, responded by stating that attempts of bench and judge hunting would be thwarted. A source emphasized that the Supreme Court cannot be lawyer-driven. The clarification followed allegations of specific case assignments to a particular bench, prompting Senior Advocate Dushyant Dave to express his concerns to Chief Justice of India DY Chandrachud on December 6.

3. The election cannot be set aside on grounds of irregularity in declaring educational qualification: Calcutta High Court                                                     

The Calcutta High Court, in the case of Gopal Seth vs Election Commission of India, ruled on Friday that a candidate's election cannot be invalidated due to irregularities in declaring educational qualifications. The court presided over by Justice Sabyasachi Bhattacharyya, upheld the election of BJP MLA Swapan Majumder. The judgment emphasized that an uneducated electorate has the right to elect a representative to the State's Legislative Assembly from among their own.

4. Bombay High Court tells State to use health budget so it does not lapse, public healthcare does not suffer

The Bombay High Court ordered the Maharashtra government to swiftly utilize its health budget for procuring drugs and medical equipment to avoid lapses. The court emphasised that timely utilisation is crucial for public healthcare. This directive came as it was revealed that the allocated funds for medical drugs and equipment had not been fully spent.

5. Courts should be more empathetic when the liberty of women is in question: Punjab and Haryana High Court

The Punjab and Haryana High Court, in the case of Baby v State, emphasized the need for empathy in cases involving a woman's liberty. Justice Harpreet Singh Brar, while granting anticipatory bail to an illiterate woman declared a proclaimed offender in a check dishonour case, highlighted the potential harm of unnecessary incarceration, particularly for women. The case originated from an agreement to sell property registered in the petitioner's husband's name.

6. ED cannot keep people under pre-trial detention for so long: Supreme Court grants bail to Benoy Babu in Delhi excise policy scam case

The Supreme Court granted bail to Benoy Babu, Pernod Ricard India's regional head, in a money-laundering case linked to the alleged Delhi excise policy scam. Previously denied bail by the Delhi High Court in July, the case originated from a CBI FIR alleging officials granted liquor licenses for bribes. The Supreme Court emphasized the Enforcement Directorate's inability to detain someone for 13 months without framing charges, and Babu was earlier granted bail in the CBI case.

7. 110 High Court judges appointed in 2023; 122 proposals pending with Collegium, Centre: Law Ministry

 In 2023, 110 judges were appointed to High Courts, according to Union Minister Arjun Ram Meghwal. Responding to a query by Gujarat Rajya Sabha MP Shaktisinh Gohil, the Minister disclosed this information in Parliament. Meghwal clarified that the Supreme Court is operating at full capacity, while in High Courts, out of the sanctioned 1,114 Judges, 790 are in service, leaving 324 vacancies.

8. Delays in cases impact female lawyers more than male lawyers: CJI DY Chandrachud

At the opening of the new CAT office in Mumbai, Chief Justice DY Chandrachud highlighted barriers to justice, including social and systemic issues. He emphasised the importance of good infrastructure in speeding up case resolution. CJI Chandrachud noted that delays disproportionately affect female lawyers, impacting their clientele more than male lawyers. This underscores the need for improved infrastructure to expedite legal proceedings and address gender-specific challenges in accessing justice.

9. Will not claim trademark rights over "Fly Higher" slogan: Vistara to Delhi High Court

Vistara Airlines has assured the Delhi High Court that it will not lay claim to trademark rights for the expressions "Fly High" or "Fly Higher." This pledge came during a trademark suit initiated by Frankfinn Aviation Services, which alleged rights to the "Fly High" trademark. The dispute arose when Vistara used the slogan "Fly Higher" in a 2018 advertising campaign. The assurance was given before Justice Prathiba M Singh.

10. Polarisation between right, left, and centre marked by the growth of social media: CJI DY Chandrachud

  CJI Chandrachud, speaking at the 45th Jamnalal Bajaj Awards, remarked on the global societal polarization into left, right, or centrist ideologies. He noted India's alignment with this trend, highlighting the influence of social media, increased community intolerance, and the shorter attention spans of younger generations.


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