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Top Ten Legal Headlines of the Week-06 Jan 2025

Top Ten Legal Headlines of the Week-06 Jan 2025


                  	

1. Father’s Visitation Rights Cannot Compromise Child’s Health: Supreme Court

The Supreme Court has ruled that a father’s right to visit his child cannot be enforced at the cost of the child’s health and well-being. It modified an earlier Madras High Court order requiring a mother to travel 150 km weekly with her child for visitation. Instead, the Court directed the father to visit the child in Madurai, where she resides. Emphasizing the paramount importance of the child’s welfare, the Court stated that visitation arrangements must prioritize the child’s health, adding that both the family court and the High Court failed to do so.

2. Bar Council of India Seeks Supreme Court Nod to Increase Enrolment Fees for Lawyers

The Bar Council of India (BCI) has approached the Supreme Court, requesting an amendment to the Advocates Act, 1961, to allow an increase in the enrolment fees charged by State Bar Councils. The move comes after the Supreme Court ruled in July 2024 that enrolment fees cannot exceed the limits prescribed by the Act. The BCI highlighted financial difficulties and emphasized the need for enhanced fees to address operational costs and maintain its functions effectively. The application urges the Central government to act on the proposed amendments promptly.

3. Supreme Court Clarifies Intent of Orders on Jagjit Singh Dallewal's Medical Aid

The Supreme Court stated on Thursday that its directions to provide medical aid to fasting farmer leader Jagjit Singh Dallewal were not meant to break his protest fast. The clarification came amid concerns that enforcing medical assistance could be seen as undermining Dallewal's ongoing protest for a minimum support price for crops. Earlier, the Court had directed the Punjab and Central governments to ensure his well-being, emphasizing that the orders aimed solely at safeguarding his health while respecting his protest.

4. Supreme Court to Hear Asaduddin Owaisi's Plea on Places of Worship Act

The Supreme Court has agreed to hear AIMIM leader Asaduddin Owaisi's plea to implement the Places of Worship (Special Provisions) Act, 1991. A Bench led by Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar has tagged the petition with a related plea filed by Jamiat Ulema-e-Hind. The Act prohibits the conversion of the religious character of any place of worship as it existed on August 15, 1947, and seeks to maintain communal harmony.

5. Supreme Court Declines to Hear Karnataka Congress MLA’s Plea Against Election Petition

The Supreme Court refused to entertain Congress MLA TD Rajegowda’s plea challenging allegations in an election petition filed by BJP leader DN Jeevaraja. The petition contests Rajegowda's 2023 Sringeri assembly constituency win, alleging misuse of black money.

A Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan emphasized that objections regarding evidence admissibility or relevance could be raised at an appropriate stage during High Court proceedings. The Court reiterated its September 2024 stance, urging the Karnataka High Court to handle objections in accordance with the law.

6. Tribunals Empowered to Restore Property to Elderly Parents: Supreme Court

The Supreme Court ruled that tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can order the return of property to elderly parents if transferees fail to fulfill maintenance obligations. Justices CT Ravikumar and Sanjay Karol emphasized the Act’s protective intent, stating its provisions must be liberally interpreted to safeguard senior citizens' rights. The ruling came in favor of Urmila Dixit, who alleged neglect after gifting her property to her son. Authorities were directed to restore the property by February 28, 2025.

7. Bengaluru Court Grants Interim Bail to Nikita Singhania in Atul Subhash Suicide Case

A Bengaluru court granted interim bail to Nikita Singhania, wife of techie Atul Subhash, who died by suicide after alleging harassment by his wife and her family. Nikita had filed a plea for interim bail and challenged her arrest in the High Court, claiming that the police did not provide proper grounds for her detention. The court’s decision allows her temporary relief while legal proceedings continue in connection to the tragic incident.

8. Kerala High Court Rules Bar Council Cannot Charge for Certificate Verification Fees.

The Kerala High Court ruled that the Bar Council of Kerala cannot charge fees for verifying educational certificates during enrollment, as directed by the Bar Council of India (BCI). The Court noted that the Supreme Court had already mandated universities and examination boards to verify certificates free of charge. The ruling emphasized that the Bar Council must ensure the verification process without imposing additional charges beyond the stipulated enrollment fees. The judgment stems from a petition challenging the fee requirement for certificate verification imposed by the Bar Council of Kerala.

9. Justice CT Ravikumar Retires, Emphasizes Role of People in Protecting Judiciary

Justice CT Ravikumar, retiring from the Supreme Court on January 5, emphasized that the people of India are the true guardians of the judiciary. In a farewell speech, he underscored that while the judiciary safeguards the Constitution, it is the people who protect the judiciary. He also highlighted the importance of constructive criticism for public interest judgments. Reflecting on his tenure, Justice Ravikumar expressed satisfaction and reaffirmed his commitment to upholding the integrity of the judiciary post-retirement. He encouraged lawyers to be patient and better prepared during hearings.

10. UAPA Tribunal Upholds Five-Year Ban on Sikhs for Justice (SFJ)

The Unlawful Activities (Prevention) Tribunal has upheld the central government's decision to impose a five-year ban on Sikhs for Justice (SFJ) under the UAPA. The tribunal, led by Justice Anoop Kumar Mendiratta, found that SFJ had strong ties with Khalistani terror groups and Pakistan’s ISI, aiming to revive militancy in Punjab. The organization was involved in recruiting and radicalizing youth, financing terror operations, issuing death threats to Indian leaders, and inciting separatist activities via social media. The tribunal deemed SFJ a significant threat to national security, validating the ban.


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