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This is an archive article published on December 2, 2017

Legal Weekly: SC dismisses plea of woman claiming to be Jayalalithaa’s daughter; top judgments of the week

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the court's reaction to the woman claiming to be Jayalalithaa's daughter and commutation of a death sentence of a man convicted for rape and murder of niece.

legal weekly, legal weekly indian express, top judgments of the week indian express, jayalalitha daughter supreme court, illegal mining, encroachments delhi, indian express news “Such structures encroaching on a pavement need to be relocated given the public interest involved, rights of citizens of Delhi impeding public movement, causing obstruction of traffic and more so when it is alleged that the encroachment has been effected and structure raised by particular person(s) to create private rights,” said the court.

Supreme Court: SC dismisses plea of a woman claiming to be Jayalalithaa’s daughter

A 37-year-old woman, claiming to be Jayalalithaa’s biological daughter, had filed a petition under Article 23 of the Constitution. She claimed that she was adopted by Jayalalithaa’s sister and her husband and that it was only after the death of the late Chief Minister of Tamil Nadu that she found about her origin.

Due to the political atmosphere of Tamil Nadu, the petitioner claimed that a DNA test might have put her life in danger.

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The apex court dismissed her plea, though it directed her to move to the high court.

Madras HC: Stop all mining/quarrying activities in the State within six months

The Madras High Court granted permission to a company, which filed a petition seeking the former’s approval  to transport silica sand at the New Harbor stockyard at Tuticorin port. However, after hearing the petition, the court directed the Tamil Nadu government to stop mining and quarrying activities in a bid to safeguard the environment

In order to protect the river beds, river bodies and agriculture, the high court asked the State government to depute a team of experts from the Geological Department who would process and import sand and minerals. The court further provided guidelines for regulation of sale of imported sand.

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Delhi HC: No encroachments on pavements, relocate the religious structures

The court was hearing a petition filed by a NGO on religious structures illegally occupying the pavements in Delhi’s Karol Bagh area. The 108-feet long Hanuman idol on the Karol Bagh road was also brought into question by the petitioners.

“Such structures encroaching on a pavement need to be relocated given the public interest involved, rights of citizens of Delhi impeding public movement, causing obstruction of traffic and more so when it is alleged that the encroachment has been effected and structure raised by particular person(s) to create private rights,” said the court.

The court also directed the SHO Karol Bagh Police station and DCP central ridge range to inquire into the person responsible for the erection of these structures.

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Madhya Pradesh HC: Death penalty of man commuted who committed rape and murder of niece

Madhya Pradesh High Court commuted a death sentence of a man who committed rape and murder of his 13-year-old niece. The accused was convicted by a trial court in Madhya Pradesh. The prosecution made a case that the accused along with his juvenile friends raped the minor girl, hit her with a stone, and hung her from the roof.

The court observed that it was apparent that the accused had committed the crime and all evidence pointed towards the convicted. The bench, however, noted that the prosecution was unable to to prove that with reformative and rehabilitative measures, there could exist a probability for the convict to change.

“We seriously considered the mitigating circumstances in favours of the conviction. The appellant belongs to schedule tribe without criminal antecedents,” said the court.

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