500 Supreme Court Judgments of 2022 Part-5 (Citations 401 - 500)

See Also 500 Supreme Court Judgments of 2022 (Citations 1 to 100)500 Supreme Court Judgments of 2022 (Citations 101 - 200)500 Supreme Court Judgments of 2022 (Citations 201 - 300)500 Supreme Court Judgments of 2022 (Citations 301 - 400) Code of Criminal Procedure, 1973; Section 432 (2) - Remission - It cannot be said that the opinion of the presiding judge is only a relevant factor, which does not have any determinative effect on the application for remission. The purpose of the procedural safeguard under Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission - This is not to say that the appropriate government should mechanically follow the opinion of the presiding judge. (Para 21-22) Ram Chander v. State of Chhattisgarh, 2022 LiveLaw (SC) 401Criminal Trial - The testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions - Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. (Para 17) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402Evidence Act 1872; Section 27 - Section 27 of the Evidence Act is an exception to Sections 24 to 26. Admissibility under Section 27 is relatable to the information pertaining to a fact discovered. This provision merely facilitates proof of a fact discovered in consequence of information received from a person in custody, accused of an offense. Thus, it incorporates the theory of "confirmation by subsequent facts" facilitating a link to the chain of events. It is for the prosecution to prove that the information received from the accused is relatable to the fact discovered. The object is to utilize it for the purpose of recovery as it ultimately touches upon the issue pertaining to the discovery of a new fact through the information furnished by the accused. Therefore, Section 27 is an exception to Sections 24 to 26 meant for a specific purpose and thus be construed as a proviso. (Para 31) Jafarudheen v. State of Kerala, 2022 LiveLaw (SC) 403Service Law - Disciplinary Proceedings - Merely because subsequently the employee had deposited the defrauded amount and therefore there was no loss caused to the department cannot be a ground to take a lenient view and/or to show undue sympathy in favour of such an employee. Union of India v. M. Duraisamy, 2022 LiveLaw (SC) 404Labour Law - An employee or workman whose services are terminated and who is desirous of getting back wages is required to either plead or at least make a statement before the adjudicating authority or the Court of first instance that he/she was not gainfully employed or was employed on lesser wages- In the first instance, there is an obligation on the part of the employee to plead that he is not gainfully employed. It is only then that the burden would shift upon the employer to make an assertion and establish the same. [Para 31-33] Allahabad Bank v. Avtar Bhushan Bhartiya, 2022 LiveLaw (SC) 405Service Law - An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed. (Para 12) Manish Gupta v. Jan Bhagidari Samiti, 2022 LiveLaw (SC) 406Service Law - Voluntary Retirement Scheme - VRS benefit is an entitlement and assumes the character of property to the employee concerned once his application for VRS is accepted. It is the right of a person under Article 300A of the Constitution of India to have the VRS benefit to be given on accurate assessment thereof, the employer here being a public sector unit. If at the time of quantifying the VRS benefit after accepting an employee's application for voluntary retirement, the employer take any step that would reduce such benefit in monetary terms, such step shall have to be taken under the authority of law. (Para 21) Shankar Lal v. Hindustan Copper Ltd., 2022 LiveLaw (SC) 407Payment of Gratuity Act, 1972 - The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi workers (AWW) and Anganwadi helpers. (Para 31) Maniben Maganbhai Bhariya v. District Development Officer Dahod, 2022 LiveLaw (SC) 408Arbitration and Conciliation Act, 1996; Section 31(7) - Arbitral tribunal can grant post-award interest on the sum of the award which also includes the interest component - The word sum used under Section 31(7) includes the interest awarded on the substantive claims, therefore, the post award interest would be on both the amount awarded in respect of the substantive claims and the interest awarded on such claims. Indian Oil Corporation v. U.B. Engineering, 2022 LiveLaw (SC) 409Voluntary Surrender - If the Panchayat / Municipality is taking a stand that...

500 Supreme Court Judgments of 2022 Part-5 (Citations 401 - 500)

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