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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)
Education

Constitution of India, 1950 – Articles 14, 16 and 226 – Education – Admission – Eligibility – Prospectus – Whether a State Government employee lent on deputation [at the request of the State Government employee on health ground] to a department of Central Government can be considered as a serving Central Government employee within the meaning of eligibility clause

May 7, 2017 sclaw

  (1998) 9 AD 187 : AIR 1999 SC 227 : (1998) 8 JT 274 : (1998) 6 SCALE 375 : (1999) 1 SCC 126 : (1998) 3 SCR 271…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 311 – Summoning of witness – Closure of prosecution evidence – Order passed merely on ground that public prosecutor has not prayed for adjournment or for examination of other witnesses – No notice issued to Police Station Officer-in-charge – Order cannot be said to be proper – Witnesses can be summoned under Section 311 in spite of said order.

May 7, 2017 sclaw

  AIR 2002 SC 270 : (2002) CriLJ 568 : (2002) 1 Crimes 197 : (2001) 10 JT 111 : (2001) 8 SCALE 320 : (2002) 1 SCC 655 :…

Land Acquisition

Land Acquisition Act, 1894 – Section – 4(1), 23(1) – Stamp Act – Section – 48 – Enhancement of the compensation – The High Court by the impugned judgment dated 22nd August, 1989 made in R.F.A. No52/89 and batch uniformly enhanced the market value to Rs. 12,000/- per bigha – Court has considered the entire gamut of the operation of the relevant provisions of Stamps Act and held that the fixation by the Government of the amount under Stamp Act for fiscal purpose bears no relevance to determine the market value

May 7, 2017 sclaw

(1995) 4 SCALE 726 : (1995) 5 SCC 310 : (1995) 2 SCR 572 Supp SUPREME COURT OF INDIA PAINDER SINGH AND OTHERS — Appellant Vs. UNION OF INDIA (UOI)…

Service Matters
Service

Appellant, a professor in Physics was appointed as Vice-Chancellor of Mysore University – Immediately another order passed rescinding earlier order as he had been facing a criminal case – This order had been passed immediately and much before the date on which appointment could become effective – There was no necessity to give him an opportunity

May 6, 2017 sclaw

  AIR 1999 SC 849 : (1998) 8 JT 344 : (1998) 6 SCALE 378 : (1999) 1 SCC 422 : (1999) SCC(L&S) 229 : (1998) 3 SCR 165 Supp…

Corporate

A lawyer, no doubt has a duty towards his client to do his best in his interest but within the parameters of law – He at the same time is equally responsible to assist the court fairly on the exact and latest position of law to his knowledge – His right to debate in the court is no licence to sidetrack the issue and mislead or pressurise the court to act in a particular manner – If he does so, it amounts of his misconduct attracting the wrath of disciplinary provisions of the Advocates Act.

May 6, 2017 sclaw

  AIR 2001 SC 457 : (2000) 3 JT 505 Supp : (2000) 8 SCALE 76 : (2001) 2 SCC 221 : (2000) 5 SCR 345 Supp : (2001) 1…

I P C

Penal Code, 1860 (IPC) – Section 364-A – Abduction – Conveyance of demand of ransom – Abduction of victim, a college student – Accused persons told him that they will ask his father to pay a huge amount for his release – Victim managed to escape and informed villagers – Accused arrested on the spot – Demand of ransom has already been made by conveying it to victim

May 6, 2017 sclaw

  (2004) CriLJ 4645 : (2004) 8 JT 72 : (2004) 7 SCALE 671 : (2004) 8 SCC 95 SUPREME COURT OF INDIA MALLESHI — Appellant Vs. STATE OF KARNATAKA…

Acquittal Cr P C

There are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; and there was a delay of 6 days in forwarding representation to the Central government – All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal

May 6, 2017 sclaw

  (2010) 10 JT 456(1) : (2010) 10 SCALE 248 : (2010) 9 SCC 618 : (2010) 10 UJ 5119 SUPREME COURT OF INDIA SMT. PEBAM NINGOL MIKOI DEVI —…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Constitution of India – Article 21 – Bail – Cancellation – Accused cannot be granted bail only on the ground that he was in custody for seven months – Individual liberty is restricted by larger social interest and its deprivation must have due sanction of law.

May 6, 2017 sclaw

(2012) CriLJ 4670 : (2012) 4 JCC 2909 : (2012) 9 JT 155 : (2013) 1 RCR(Criminal) 277 : (2012) 9 SCALE 165 : (2012) 9 SCC 446 SUPREME COURT…

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