Supreme Court Weekly Digest (6th February 2023-12th February 2023)

From the almost theatrical appointment of Justice Victoria L Gowri in the Madras High Court and its parallel challenge in the Supreme Court, to the Supreme Court upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination – a lot happened in the past week in the Apex Court. Get the full story of all that happened this week through your backstage pass to the happenings in the Supreme Court – the Live Law Weekly Digest. This digest provides readers with the most comprehensive update on the latest legal developments straight from the heart of the justice system.JudgementsJurisdiction of PMLA Court To Try Money Laundering Offence Not Limited to Place Where Proceeds Of Crime Come Into Possession Of Accused : Supreme CourtCase Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023Citation : 2023 LiveLaw (SC) 86The Supreme Court stated that the offence of money laundering is constituted by various activities, namely, concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property. So, the the offence can be tried at the places where any of these acts have taken place have. The Court held so while rejecting the argument of journalist Rana Ayyub that the offence of money laundering can be tried only at the place where the alleged proceeds of crime are deposited (Navi Mumbai).Rs 2 Crore Compensation For Bad Haircut Excessive : Supreme Court Asks NCDRC To Decide Model's Claim AfreshCase Title: ITC Limited vs Aashna Roy | Civil Appeal No. 6391 OF 2021Citation : 2023 LiveLaw (SC) 87The Supreme Court on February 7 set aside an order of the National Consumer Disputes Redressal Commission(NCDRC) awarding compensation of Rs. 2 crores awarded to a lady model for a bad haircut and poor hair treatment she underwent at a 5-star Hotel in Delhi.Trial Of Scheduled Offence Should Take Place In Special Court Which Has Taken Cognizance Of Offence Of Money-Laundering : Supreme CourtCase Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023Citation : 2023 LiveLaw (SC) 86The Supreme Court held that the trial of the scheduled offence should take place in the Special Court which has taken cognizance of the offence of money-laundering. The court also added that the provisions of the Cr.P.C. are applicable to all proceedings under the PMLA Act including proceedings before the Special Court, except to the extent they are specifically excluded.Supreme Court Invalidates GAIL's Condition Imposed On IPCL, Says Writ Jurisdiction Can Be Applied When Contractual Terms Are ArbitraryCase Title: M/s. Gas Authority of India Limited v. M/s. Indian Petrochemicals Corporation Ltd. And Ors.| Civil Appeal Nos. 3504-3505 of 2010Citation: 2023 LiveLaw (SC) 88A Division Bench of the Supreme Court comprising Justice S.K. Kaul and Justice A.S. Oka, held that if the State in its contractual dealings fails to exercise a degree of fairness or practices any discrimination, writ jurisdiction can be exercised against it.Insurance Coverage For Accidental Death - Proximate Cause Necessary; Supreme Court Denies Claim For Sun Stroke Death During Election DutyCase Title: National Insurance Company Ltd. v, The Chief Electoral Officer & Ors. | Civil Appeal No.4769 OF 2022Citation : 2023 LiveLaw (SC) 90The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.Flat Owners Don't Forfeit Right To Claim Amenities Promised By Builder By Taking Possession Of Apartments : Supreme CourtCase Title : Debashis Sinha and others vs M/s RNR Enterprise represented by its Proprieter/Chairman, Kolkata and othersCitation : 2023 LiveLaw (SC) 92The Supreme Court has observed that that flat-owners, who are often forced by the circumstances to take possession of apartments even if the amenities promised by the builder are not provided, do not forfeit their right to claim such services from the builder.Bar Council Of India Has Powers To Prescribe All India Bar Examination : Supreme Court; Overrules 'V Sudeer' JudgmentCase Title: Bar Council of India v. Bonnie Foi Law College & Ors. | Special Leave Petition (Civil) No. 22337 of 2008Citation : 2023 LiveLaw (SC) 96A Constitution Bench of the Supreme Court upheld the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India. Order XXI Rule 84 CPC - Deposit Of 25% Of Amount By Auction Purchaser Mandatory ; Balance Amount To Be Paid Within Fifteen Days : Supreme CourtCase Title: Gas Point Petroleum India Limited vs Rajendra Marothi | CA 619 OF 2023 | 10 Feb 2023 Citation: 2023 LiveLaw (SC) 89The Supreme Court observed that, under Order XXI Rule 84 CPC, the deposit of 25%...

Supreme Court Weekly Digest (6th February 2023-12th February 2023)

Padmakshi Sharma

Tags