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Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1)) Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17) Central Excise Act, 1944 — Section 2(f) (prior to amendment by Act 18 of 2017) — Manufacture — Exemption Notification No.5/98-CE, Entry No.106 — Eligibility for exemption — Manufacture includes series of processes; entire chain of activities must be considered — Where multiple units undertake distinct processes which are ‘integrally connected’ and form a ‘continuous chain’ to convert raw material (grey fabrics) into final excisable product (cotton fabrics), the entire activity constitutes ‘manufacture’ — Distinct ownership or separate bills between the units is irrelevant if the processes are interconnected and essential for producing the final product — Use of power in any intermediate, integrally connected process denies the exemption under Entry 106 (cotton fabrics processed without the aid of power or steam). (Paras 9, 10, 11, 12, 13) Muslim Women (Protection of Rights on Divorce) Act, 1986 — Section 3(1)(d) — Right to property given at marriage — Divorced Muslim Woman — The Act allows a divorced woman to claim all properties given to her before, at the time of, or after marriage by her relatives, friends, the husband, or his relatives/friends — The objective of the Act is to secure the financial protection and dignity of a Muslim woman post-divorce. (Paras 3, 7, 9)
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw
Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))
Property Matters
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))
Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)
Cr P C
Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)
Central Excise Act, 1944 — Section 2(f) (prior to amendment by Act 18 of 2017) — Manufacture — Exemption Notification No.5/98-CE, Entry No.106 — Eligibility for exemption — Manufacture includes series of processes; entire chain of activities must be considered — Where multiple units undertake distinct processes which are ‘integrally connected’ and form a ‘continuous chain’ to convert raw material (grey fabrics) into final excisable product (cotton fabrics), the entire activity constitutes ‘manufacture’ — Distinct ownership or separate bills between the units is irrelevant if the processes are interconnected and essential for producing the final product — Use of power in any intermediate, integrally connected process denies the exemption under Entry 106 (cotton fabrics processed without the aid of power or steam). (Paras 9, 10, 11, 12, 13)
Customs & Excise
Central Excise Act, 1944 — Section 2(f) (prior to amendment by Act 18 of 2017) — Manufacture — Exemption Notification No.5/98-CE, Entry No.106 — Eligibility for exemption — Manufacture includes series of processes; entire chain of activities must be considered — Where multiple units undertake distinct processes which are ‘integrally connected’ and form a ‘continuous chain’ to convert raw material (grey fabrics) into final excisable product (cotton fabrics), the entire activity constitutes ‘manufacture’ — Distinct ownership or separate bills between the units is irrelevant if the processes are interconnected and essential for producing the final product — Use of power in any intermediate, integrally connected process denies the exemption under Entry 106 (cotton fabrics processed without the aid of power or steam). (Paras 9, 10, 11, 12, 13)
I P C

Rape on a minor girl–Defence that they were falsely implicated due to enmity–Alleged dispute over a common wall was not of such a grave nature compeling the entire family of the prosecutrix to go to the extent of the putting at stake its reputation and fair name of a young girl child to settle the scores with the accused.

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 538 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. Sudershan Reddy The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal Nos. 70-72 of…

Accident

Accident–Liability of insurance company–Death of a person travelling in a private car–Whether the insurance policy covered the risk of the passenger travelling in the car–Such person indisputably would come within the purview of the liability to third party–There being no limitation with regard to coverage, in terms of the provisions of the Act, no upper limit is fixed–Liability of the insurer, thus unlike the old Act, may not be limited–Matter requires consideration by a Larger Bench

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 3335 of…

Cr P C

Criminal Procedure Code, 1973, S. 427 and 428–Set off–Benefit of set off–Whether a person, who has been convicted in several cases and has suffered detention or imprisonment in connection therewith, would be entitled to the benefit of set-off in a separate case for the period of detention or imprisonment undergone by him in the other case–Held; No

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 509 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Criminal M.P. No. 13384 of 2009…

Acquittal

Indian Penal Code, 1860, S. 498-A and 406–Quashing of complaint–Cruelty to wife-Wife filed complaint under Section 498-A, 406 I.P.C. against husband and his parents–Major allegations against husband with only minor reference to the in-laws–Death of husband during pendency of trial–Husband already dead complaint against in-laws quashed.

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 507 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 949 of 2003 Neelu…

Acquittal

Suicide by bride within two years of marriage–Mother-in-law made accused, because in a letter to her husband deceased had stated that she was horrible and custody of child should not be given to her–Old mother-in-law was made scapegoat relying on the age old concept of bickering between the mother-in-law and daughter-in-law–Order of conviction set aside.

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 504 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1198 of 2003…

I P C

Indian Penal Code, 1860, S. 307 and 326–Attempt to murder–Grievous Hurt–Altercation between both parties–Accused caused two injuries on the person of complainant, one on the chest and other on the shoulder with a knife– Victim had remained in hospital for fifteen days due to the injuries caused to him, makes out a case of grievous hurt–Conviction under Section 307 I.P.C.  converted to one under Section 326–Accused faced trial for 22 years–Sentence reduced from 2 years to period already under gone.                                                  

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 499 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice Deepak Verma Criminal Appeal No. 1012 of…

Cr P C

Criminal Procedure Code, 1973, S. 160, 170(2) and 171–Constitution of India, Article 21–Identification of Prisoners Act, 1920, S. 3, 4 and 5–M.P. Police  Regulations, Regn. 2–Identification of prisoners–Impersonation–High Court directed the State Govt. to make amendment in Rules and to provide for taking of photographs of accused, important witness and prisoners etc. as a safeguard to avoid impersonation–Directions given by the High Court upheld but modified.       

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 495 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice Mukundakam…

You missed

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw
Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

Dec 3, 2025 sclaw
Customs & Excise

Central Excise Act, 1944 — Section 2(f) (prior to amendment by Act 18 of 2017) — Manufacture — Exemption Notification No.5/98-CE, Entry No.106 — Eligibility for exemption — Manufacture includes series of processes; entire chain of activities must be considered — Where multiple units undertake distinct processes which are ‘integrally connected’ and form a ‘continuous chain’ to convert raw material (grey fabrics) into final excisable product (cotton fabrics), the entire activity constitutes ‘manufacture’ — Distinct ownership or separate bills between the units is irrelevant if the processes are interconnected and essential for producing the final product — Use of power in any intermediate, integrally connected process denies the exemption under Entry 106 (cotton fabrics processed without the aid of power or steam). (Paras 9, 10, 11, 12, 13)

Dec 3, 2025 sclaw