Constitution. All the executive actions of the Government shall be expressed to be taken in the name of the President under Article 77(1). Therefore ... Council of Ministers under Article 78 of the Constitution headed by the Prime Minister as elaborated under paras 313 to 321. In Samsher Singh case
Undoubtedly, the Government has got the power under proviso to Article 309 of the Constitution to make Rules and amend the Rules giving retrospective effect ... flows to the Government under the proviso to Article 309 read with Article 313 of the Constitution and that the power so conferred
right as a constitutional right to a fair trial under Article 21 of the
Constitution, even if it is not to be considered ... right as a
constitutional right to a fair trial under Article 21 of the Constitution, even
if it is not to be considered
trial under Section 313 Cr.P.C. which also emanates from the philosophy of Article 21 of the Constitution. The nature of the evidence that
noted with concern that while examining the appellant
under Section 313 Cr.P.C., 3 (three) long questions, purportedly, the gist of
evidence ... right, as
a constitutional right to a fair trial under Article 21 of the Constitution. [See Reena
Hazarika v. State of Assam
pointed out that the accused
(Yasin Ali) in his statement u/s 313 Cr.P.C. has also taken the same plea which finds support ... right, as a constitutional right to a fair trial
under Article 21 of the Constitution, even if it was not to be considered
Article 20[3] of the Constitution of
India. The Trial Court had perfunctorily examined the accused during the
stage under Section 313 , CrPC. In fact ... which comes within the purview of Article 20[3] of the Constitution of
India making it an inadmissible piece of evidence. When after excluding
benefit of doubt will
have to be given.
..
16. Section 313 , Cr.P.C. cannot be seen simply as a part of audi
alteram partem ... right as a constitutional right to a fair trial under Article 21
of the Constitution, even if it is not to be considered
considered the plea taken
by the appellant during his examination under Section 313 of the Code of
Criminal Procedure, 1973, and he submits that ... right as a constitutional
right to a fair trial under Article 21 of the Constitution,
even if it is not to be considered
Therefore, non-consideration of the
explanation given by the accused in his 313 Cr.P.C .,
examination would vitiate the trial. Moreover, if the
accused ... right as a constitutional right to a fair trial under
Article 21 of the Constitution, even if it is not to be
considered
