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1 - 10 of 11 (0.22 seconds)Article 136 in Constitution of India [Constitution]
Article 141 in Constitution of India [Constitution]
State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014
6. Thereafter, in the case of State of Punjab Vs. Rafiq Masih
reported in (2015) 4 SCC 334, the Honourable Supreme Court of India has
held as follows:-
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
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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.
National Insurance Company Ltd vs Pranay Sethi Son Of Late Prashant Sethi ... on 20 April, 2011
8. The principles regarding the binding precedent are well
enumerated by the Constitutional Bench of the Honourable Supreme Court of
India in the case of National Insurance Company Ltd Vs. Pranay Sethi
and others, reported in 2017 10 SCC 450.
Article 226 in Constitution of India [Constitution]
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
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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.
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.
A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988
This view was endorsed by a Nine-Judges Bench in Naresh
Shridhar Mirajkar v. State of Maharashtra
MANU/SC/0044/1966 : (1966) 3 SCR 744 reiterated by a
Seven Judge Bench in A.R. Antulay v. R.S. Nayak
MANU/SC/0002/1988 : (1988) 2 SCC 602 and finally settled
in the Supreme Court Bar Association v. Union of India
MANU/SC/0291/1998 : (1998) 4 SCC 409.