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Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors on 17 August, 2012

In our view, the law laid down in Chandi Prasad Uniyal's case, no way conflicts with the observations made by this Court in the other two cases. In those decisions, directions were issued in exercise of the powers of this Court Under Article 142 of the Constitution, but in the subsequent decision this Court Under Article 136 of the Constitution, in laying down the law had dismissed the petition of the employee. This Court in a number of cases had battled with tracing the contours of the provision in Article 136 and 142 of the Constitution of India. Distinctively, although the words employed under the two aforesaid provision speak of the powers of this Court, the former vest a plenary jurisdiction in supreme court in the matter of entertaining and hearing of appeals by granting special leave against any judgment or order made by a Court or Tribunal in any cause or matter. The http://www.judis.nic.in 7 powers are plenary to the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws. Article 142 of the Constitution of India, on the other hand is a step ahead of the powers envisaged Under Article 136 of the Constitution of India. It is the exercise of jurisdiction to pass such enforceable decree or order as is necessary for doing 'complete justice' in any cause or matter.
Supreme Court of India Cites 3 - Cited by 1165 - K Radhakrishnan - Full Document

State Of U.P vs Neeraj Awasthi & Others on 16 December, 2005

(2006) 8 SCC 381 and in State of U.P. v. Neeraj Awasthi MANU/SC/0358/2006 : (2006) 1 SCC 667, has expounded http://www.judis.nic.in 9 the principle and extolled the power of Article 142 of the Constitution of India to new heights by laying down that the directions issued Under Article 142 do not constitute a binding precedent unlike Article 141 of the Constitution of India. They are direction issued to do proper justice and exercise of such power, cannot be considered as law laid down by the Supreme Court Under Article 141 of the Constitution of India.
Supreme Court of India Cites 58 - Cited by 906 - S B Sinha - Full Document

Prem Chand Garg vs Excise Commissioner, U. P., Allahabad on 6 November, 1962

9.The word 'complete justice' was fraught with uncertainty until Article 142 of the Constitution received its first interpretation in Prem Chand Garg v. Excise Commissioner, U.P. MANU/SC/0082/1962 : AIR (1963) SC 996 which added a rider to the exercise of wide extraordinary powers by laying down that though the powers are wide, the same is an ancillary power and can be used when not expressly in conflict with the substantive provisions of law.
Supreme Court of India Cites 32 - Cited by 132 - P B Gajendragadkar - Full Document
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