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Top Ten Legal Headlines of the Week-23 Dec 2024

Top Ten Legal Headlines of the Week-23 Dec 2024


                  	

1. Supreme Court Seeks Response on Plea for Stricter Punishments in Rape Cases

The Supreme Court has issued notices to the Central and State governments on a plea suggesting stricter measures to combat sexual crimes. The plea demands penalties like chemical castration and a no-bail policy for rape cases to address rising crimes against women, children, and transgender persons. Citing incidents such as the rape and murder of a doctor in Kolkata, the petition highlights law enforcement failures and calls for urgent reforms to ensure public safety. The Court’s move underscores the need for immediate corrective action.

2. Supreme Court Commutes Death Sentence in Child Murder Case

The Supreme Court commuted the death sentence of a man convicted for the murder and sexual assault of a four-year-old boy, ruling the case was not in the 'rarest of the rare' category. While acknowledging the crime's diabolic nature, the Court emphasized the possibility of the convict's reformation. The sentence was reduced to 25 years of rigorous imprisonment without remission. The judgment underscores the Court's focus on balancing justice with the principle of rehabilitation.

3. Karnataka High Court Dismisses PIL on Property Mutations Halt Amid Waqf Land Dispute

The Karnataka High Court rejected a Public Interest Litigation (PIL) against the State’s decision to pause property mutations involving alleged Waqf Board land. The petitioner sought protection for Waqf properties to ensure the socio-economic progress of the Muslim community. The Court upheld the State's authority in the matter, emphasizing the need to address ongoing disputes before permitting such registrations.

4. Supreme Court: High Courts Cannot Dictate Trial Courts on Bail Order Format

The Supreme Court ruled that Constitutional courts cannot interfere with the discretionary powers of trial courts by prescribing a specific format for bail orders. It emphasized that trial courts have autonomy in drafting orders, provided they adhere to legal principles. Encroaching on this discretion undermines judicial independence and procedural flexibility, the Court observed.

5. Supreme Court Stays Execution in Kolhapur Cannibal Case

The Supreme Court has stayed the death sentence of Sunil Rama Kuchkoravi, convicted of murdering, dismembering, and attempting to cook his mother. The Bombay High Court had confirmed the death penalty, noting the crime's diabolic nature and lack of scope for reformation. The apex court's intervention allows further examination of the case.

6. Supreme Court Reserves Verdict on Rehabilitation Framework for Sex Trafficking Victims

The Supreme Court has reserved its judgment on a petition calling for the creation of a comprehensive rehabilitation framework and enhanced protection protocols for victims of sex trafficking. Justices JB Pardiwala and R Mahadevan, while hearing the case, assured that the matter would be treated with the utmost seriousness, emphasizing the need to protect the rights of trafficking survivors. The Court's decision will address the crucial issues of victim support and protection mechanisms in India.

7. Supreme Court Criticizes Alimony Demands Based on Wealth Parity

The Supreme Court expressed concern over a trend in alimony and maintenance claims where individuals seek to equalize their wealth with that of their estranged spouse. The Court noted that such demands typically arise when the estranged spouse is financially well-off and is often absent when their financial condition deteriorates. This trend, the Court observed, could be seen as motivated by financial gain rather than legitimate need, emphasizing the importance of fair and just maintenance claims.

8. Supreme Court Orders 30% Women's Reservation in Delhi Bar Bodies

The Supreme Court has directed the implementation of a 30% reservation for women in bar bodies across Delhi on a trial basis. The decision comes in response to a batch of pleas seeking up to 33% quota for women in these associations. The Bench, led by Justices Surya Kant and Ujjal Bhuyan, emphasized that this would be implemented on an experimental basis, marking a significant step towards promoting gender equality within the legal profession in the capital.

9. Supreme Court to Examine Partial Quashing of FIR Based on Compromise

The Supreme Court is set to examine whether a criminal case can be partially quashed if there is a compromise between the complainant and some of the accused. This comes after the Punjab & Haryana High Court ruled that courts cannot accept piecemeal compromises to save certain accused in criminal cases. The case raises important questions about the scope of judicial discretion in matters involving multiple accused and the nature of compromises in criminal proceedings.

10. Supreme Court Urges Government to Apply Hindu Succession Act to Scheduled Tribe Communities

The Supreme Court has urged the government to extend the provisions of the Hindu Succession Act to Scheduled Tribe (ST) communities, emphasizing the need for gender equality in inheritance rights. The Court highlighted that denying equal rights to ST women is unjustifiable, particularly considering the Constitution’s guarantee of equality. The recommendation aims to ensure that both male and female members of ST communities have equal inheritance rights, aligning with the principles of justice and equality under the law.


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