Supreme Court Monthly Digest November 2022

Supreme Court Bans Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be RapedState of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai | 2022 LiveLaw (SC) 890 | CrA 1441 of 2022The 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 CourtState of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai | 2022 LiveLaw (SC) 890 | CrA 1441 of 2022The 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 CourtUnion of India vs Munshi Ram | 2022 LiveLaw (SC) 891 | CA 2811 OF 2022 The 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 CourtDivya vs National Insurance Co. Ltd. | 2022 LiveLaw (SC) 892 | CA 7605 of 2022The 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 CourtGujarat State Civil Supplies Corporation vs Mahakali Foods Pvt. Ltd. | 2022 LiveLaw (SC) 893 | SLP (C) No. 12884/2020The 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 CourtHemant Narayan Rasne vs Commissioner and Administrator of Pune Municipal Corporation | 2022 LiveLaw (SC) 895 | CA 7685/2022The 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 CourtDirectorate of Enforcement vs Padmanabhan Kishore | 2022 LiveLaw (SC) 896 | SLP (Crl.) No. 2668 OF 2022The 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 ...

Supreme Court Monthly Digest November 2022

Deepankar Malviya

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