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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)
Election Laws

Election–Reserved seat–Respondent contested the election as a member of SC candidate and was elected–Documentary evidence shows he does not belong to SC Category–Election held to be void. Election Law–Caste Certificate–Where a caste certificate issued by the Executive Magistrate is showing a different caste as maintained in the School records then the said certificate should be ignored.

Oct 19, 2017 sclaw

  2007(5) LAW HERALD (SC) 4126 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan, CJI The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal…

Labour Cases

Closure of Mill–Bench Hunting–Withdrawal request–Whether a case of bench hunting ? NO, because company could have waited for the expiry of 60 days and could have the benefit of deeming clause, but it was trying for an amicable settlement and this was clearly its bona fide Bench Hunting–Meaning of.

Oct 18, 2017 sclaw

  2007(5) LAW HERALD (SC) 4110 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Markandey Katju Civil Appeal No 5458 of…

Cr P C

Maintenance–Wife cannot be denied maintenance on the ground that she has been capable of earning but she was not making an effect to earn. Maintenance–Income of the wife is insufficient–The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. Maintenance–Claim by wife– The phrase “unable to maintain herself” would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow.

Oct 17, 2017 sclaw

  2007(5) LAW HERALD (SC) 4100   IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1627…

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