Supreme Court Judgments Weekly Round-Up [October 31 to November 6]

JUDGMENTS THIS WEEKSupreme Court Bans Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be RapedThe Supreme Court on Monday prohibited "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct. It is regrettable that "two-finger test" continues to be conducted even today, a bench comprising Justices DY Chandrachud and Hima Kohli lamented while restoring the conviction in a rape case."This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so called test has no scientific basis. It instead re-victimises and re-traumatises women. The two finger test must not be conducted....The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth", the bench observed while pronouncing the judgment.Dying Declaration Does Not Become Inadmissible Merely Because Police Officer Recorded It : Supreme CourtThe Supreme Court observed that dying declaration does not become inadmissible merely because it was recorded by police personnel.Although a dying declaration ought to ideally be recorded by a Magistrate if possible, it cannot be said that dying declarations recorded by police personnel are inadmissible for that reason alone, the bench of Justices DY Chandrachud and Hima Kohli said.The court added that the issue of whether a dying declaration recorded by the police is admissible must be decided after considering the facts and circumstances of each case.Railway Employees Working In Different Zones/Divisions Are Required To Be Treated Equally : Supreme CourtThe Supreme Court observed that the Railway employees working in different Zones/Divisions are required to be treated similarly and equally and are entitled to similar benefits and are entitled to the same treatment.The bench of Justices MR Shah and BV Nagarathna observed that Commission Vendors/bearers working in the Northern Railway are entitled to have 50% of their services rendered prior to their regularization to be counted for pensionary benefits.MV Act - Multiplier Of Victims Upto The Age Group Of 15 Years Should Be Taken As '15' : Supreme CourtThe Supreme Court observed that, while computing motor accident compensation, the multiplier of victims upto the age group of 15 years should be taken as '15'.There is certainly justification for selecting a lower multiplier of '15' in the case of victims belonging to the age group upto 15 years, the bench of Justices BR Gavai and CT Ravikumar observed.MSMED Act - Reference To Facilitation Council Maintainable In Spite Of An Independent Arbitration Agreement Existing Between The Parties : Supreme CourtThe Supreme Court observed that reference made to the Facilitation Council is maintainable in spite of an independent arbitration agreement existing between the parties to whom the Micro, Small and Medium Enterprises Development Act, 2006 is applicable.The Facilitation Council, which had initiated the Conciliation proceedings under Section 18(2) of the MSMED Act, 2006 would be entitled to act as an arbitrator despite the bar contained in Section 80 of the Arbitration Act, the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.'Standing Committee' Stands Dissolved Along With Completion Of Term Of Municipal Corporation : Supreme CourtThe Supreme Court observed that the Standing Committee of a Municipal Corporation in Maharashtra will be dissolved along with the completion of the term of the Corporation."The end of the tenure of Corporation has its consequential effect of the end of the term of the office of the Councillor; and when no person could be said to be holding the office of Councillor after end of the term of the Corporation, existence of any Standing Committee thereafter, is simply out of question", the bench of Justices Dinesh Maheshwari and JK Maheshwari observed.'Bribe Giver' Is A Party Connected To 'Proceeds Of Crime' ; Can Be Prosecuted Under PMLA : Supreme CourtThe Supreme Court set aside a Madras High Court judgment which quashed PMLA proceedings initiated against a 'bribe giver'."By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime. Without such active participation on part of the person concerned, the money would not assume the character of being proceeds of crime. The relevant expressions from Section 3 of the PML Act are thus wide enough to cover the role played by such person.", the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.Party Who Was Not 'Supplier' On The Date Of Entering Into Contract Cannot Seek Any Benefit As Supplier Under MSMED Act : Supreme CourtThe Supreme Court observed that a party who was not 'supplier' on the date of entering into contract cannot seek any benefit as the 'supplier' under the MSMED Act, 2006If any registration is obtained...

Supreme Court Judgments Weekly Round-Up [October 31 to November 6]

LIVELAW NEWS NETWORK

Tags