View Post

Top Ten Legal Headlines of The Week-06 Nov 2023

Top Ten Legal Headlines of The Week-06 Nov 2023


1. Devise a system for political donations that addresses flaws of the electoral bonds system: Supreme Court

 On October 31, 2023, the Supreme Court hinted that a new system could be created for political donations to address the shortcomings in the current electoral bonds system. The Chief Justice of India, DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, made this observation while hearing a set of petitions questioning the legality of electoral bonds. These bonds allow for anonymous contributions to political parties.

2. Supreme Court to decide whether a transgender woman can claim maintenance under the Domestic Violence Act

  A Bench comprising Justice Vikram Nath and Justice Rajesh Bindal is set to make a decision on whether a transgender woman can seek maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act). This comes after the Court reviewed an appeal from a man who contested a Bombay High Court ruling. The High Court had determined that a person who identifies as a woman is regarded as an 'aggrieved person' under Section 2(a) of the Act.

3. Different municipal corporations having different height norms to select women for Fire Brigade is arbitrary: Bombay High Court

      The Bombay High Court noted that the varying criteria employed by different municipal corporations in selecting candidates for fire brigade personnel were discriminatory. In the case of Pallavi Rajendra Jangale & Ors v. State of Maharashtra & Ors., a division bench comprising Justices GS Kulkarni and Jitendra Jain highlighted that using different standards for different corporations amounted to unfair treatment.

4. GNLU tells Gujarat High Court it has reconstituted fact-finding panel to look into rape, harassment allegations

   Gujarat National Law University (GNLU) in Gandhinagar informed the Gujarat High Court that they have taken significant steps in response to the allegations. They have reconstituted a fact-finding committee to thoroughly investigate the reported incidents, one involving rape and the other concerning the harassment of a queer student, as part of the Suo Motu PIL v. Gujarat National Law University case. This update was provided by Advocate General Kamal Trivedi to the Bench, presided over by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee.

5. In a child custody battle, the Supreme Court allows a father to meet his son at a temple, or ashram:

On October 3, a panel of Justices AS Bopanna and PS Narasimha initially granted the father permission to meet his child at a mall, altering a previous family court ruling that limited the meeting to the court premises. Subsequently, on October 31, the Court went a step further and permitted the man to take his son to both the Amritapuri Ashram of Sri Mata Amritanandamayi Devi and the Padanayarkulangara Temple in Kollam, Kerala

6. Difficult to order implementation of women's reservation in Parliament before 2024 polls: Supreme Court

 Justices Sanjiv Khanna and SVN Bhatti stated that the top court shouldn't overstep into the legislative domain by issuing such directives. On Friday, the Supreme Court declined an urgent hearing for a plea seeking the immediate implementation of the recently passed law mandating 33 per cent reservation of seats for women in parliament and State legislative assemblies before the 2024 Indian general elections, as per the case of Dr Jaya Thakur vs Union of India and Ors.

7. Rape, murder of 5-year-old in Aluva: Kerala court convicts migrant worker Ashfaq Alam, trial complete in 26 days

  A Kerala court has convicted Ashfaq Alam for the rape and murder of a 5-year-old girl in Aluva district (Case: State of Kerala v. Asafak Alam). Additional District Judge K Soman, handling POCSO Act cases, delivered the verdict. Sentencing is scheduled for November 9. The trial began on September 7, the charges were framed on September 16, and the guilty verdict was reached on November 4, approximately 26 days later.

8. Family courts can hear original petitions under the Domestic Violence Act: Kerala High Court               

 The Kerala High Court confirmed that family courts have jurisdiction to hear original petitions under the Protection of Women from Domestic Violence Act, 2005. A division bench of Justices Amit Rawal and CS Sudha dismissed a petition filed by a man, asserting that only judicial magistrates can handle such cases. The Court emphasized that the Family Court Act is designed to streamline proceedings in family disputes.

9. Scrapping of Tata Nano project in Singur: Arbitral Tribunal awards ?766 crore compensation to Tata Motors

The Tribunal was comprised of former Supreme Court judge, Justice VS Sirpurkar, along with former Calcutta High Court judges, Justices Aloke Chakrabarti and Jayanta Kumar Biswas, who issued this ruling. An Arbitral Tribunal has recently granted Tata Motors a compensation of ?766 crores. This amount is to be paid by the West Bengal government in order to cover the capital losses suffered by Tata Motors when the plans for manufacturing Nano cars in Singhur district were ultimately abandoned.

10. Accused Can't Be Given Opportunity to Explain Before Filing Final Report: Supreme Court Sets Aside 'Strange' HC Order

A bench consisting of Justices Abhay S. Oka and Pankaj Mitha recently expressed astonishment at a directive from a High Court. This directive mandates the police to allow an accused person to clarify the evidence gathered against them before formal charges are filed. The Madhya Pradesh High Court issued this direction while rejecting a plea to dismiss a First Information Report (FIR) under Section 482 of the Code of Criminal Procedure.