Complete Supreme Court Yearly Digest Part-8

MMaintenance and Welfare of Parents and Senior Citizens Act, 2007Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 23 - Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of Section 23(1) - When it is alleged that the conditions mentioned in Section 23(1) are attached to a transfer, existence of such conditions must be established before the Tribunal. (Para 13-14) Sudesh Chhikara v. Ramti Devi, 2022 LiveLaw (SC) 1011Marine PolicyMarine Policy - Marine Insurance Act, 1963; Section 4 - A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage - warehouse risks, combined with voyage and other marine risks, are considered as part of marine insurance policies in India. (Para 19) United India Insurance Co. Ltd. v. Levis Strauss (India) Pvt. Ltd., 2022 LiveLaw (SC) 487 : (2022) 6 SCC 1Marital RapeMarital Rape - Exception 2 to Section 375 of IPC - Exception 2 states that sexual intercourse by a man with his wife is not rape, unless she is below 15 years of age – Supreme Court leaves the constitutional validity of marital rape to be decided in appropriate proceedings but states that for the purpose of MTP Act, meaning of rape includes marital rape. (Para 74, 75, 115) X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, 2022 LiveLaw (SC) 809 : AIR 2022 SC 4917Marital Rape - Rape includes ‘marital rape’ for the purpose of MTP Rules - Rule 3B(a) -Survivors of sexual assault or rape or incest shall be considered eligible for termination of pregnancy up to twenty-four weeks – Supreme Court holds that meaning of rape must be understood as including marital rape, solely for the purposes of the MTP Act – Woman need not seek recourse to formal legal proceedings to prove sexual assault, rape or incest. (Para 70, 75, 76) X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, 2022 LiveLaw (SC) 809 : AIR 2022 SC 4917Media TrialMedia Trial - All matters relating to the crime and whether a particular thing happens to be a conclusive piece of evidence must be dealt with by a Court of Law and not through a TV channel. If at all there was a voluntary statement, the matter would be dealt with by the Court of Law. The public platform is not a place for such debate or proof of what otherwise is the exclusive domain and function of Courts of law. Any such debate or discussion touching upon matters which are in the domain of Courts would amount to direct interference in administration of Criminal Justice. (Para 21) Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387MediationMediation - All States are mandated to set up the mediation cells - A direction is made for the e-filing system to be made operational. In Re: Inaction Of The Governments In Appointing President And Members/staff Of Districts And State Consumer Disputes Redressal Commission And Inadequate Infrastructure Across India v. Union of India, 2022 LiveLaw (SC) 371Mediation - Concerns regarding dearth of trained and skilled mediators and lack of infrastructure - Knowledge of the laws, which are the subject matter of the suits under the Act, is indispensable for a Mediator to effectively discharge his duties. His role is supreme and it is largely shaped by his own knowledge of the law that governs commercial cases - The effective participation of the bar which must be adequately remunerated for its service will assist in mediation evolving. The concerned High Court may also undertake periodic exercise to establish a panel of trained mediators in District and Taluka levels as per need. (Para 74) Patil AutomationPvt. Ltd. v. Rakheja Engineers Private Ltd., 2022 LiveLaw (SC) 678 : AIR 2022 SC 3848 : (2022) 10 SCC 1Mediation - Mediation is an important, if not at times a better method of resolution of disputes. In Re: Inaction Of The Governments In Appointing President And Members/staff Of Districts And State Consumer Disputes Redressal Commission And Inadequate Infrastructure Across India v. Union of India, 2022 LiveLaw (SC) 371Mediation - Taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality. (Para 3) Arjab Jena @ Arjab Kumar Jena v. Utsa Jena @ Pattnaik, 2022 LiveLaw (SC) 21Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 - Regulation 6.8 - Acceptance of freebies given by pharmaceutical companies is clearly an offence on part of the medical practitioner, punishable with varying consequences. (Para 18) Apex Laboratories Pvt. Ltd. v. Deputy Commissioner, 2022 LiveLaw (SC) 195 : (2022) 7 SCC 98Medical...

Complete Supreme Court Yearly Digest Part-8

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