Topic

Article 142

Article 142 of the Indian Constitution empowers the Supreme Court to pass any order necessary for doing complete justice in any case pending before it, even if no statutory provision exists.

10 articlesLatest 1 week ago
Clubbing of FIRs | 10 MPID Act/IPC/PCMC Act Cases Consolidated for Single Trial; Subsequent FIRs as Section 161 Statements : Bombay HC
Case Law Analysis
|Bombay High Court

Clubbing of FIRs | 10 MPID Act/IPC/PCMC Act Cases Consolidated for Single Trial; Subsequent FIRs as Section 161 Statements : Bombay HC

The Bombay High Court consolidated 10 FIRs across six districts against a cooperative society director under the MPID Act, IPC and PCMC Act, directing a single trial at Nashik. The first FIR serves as the main case while subsequent FIRs are treated as Section 161 statements, curbing multiplicity of proceedings in economic offence cases.

Mutual Consent Divorce Permitted Under Article 142 | SC Awards ₹35 Lakh Alimony, Quashes Cases : SC
Case Law Analysis
|Supreme Court of India

Mutual Consent Divorce Permitted Under Article 142 | SC Awards ₹35 Lakh Alimony, Quashes Cases : SC

The Supreme Court exercised its Article 142 powers to grant a mutual consent divorce, ordering the husband to pay ₹35 lakh alimony in two installments and to quash all existing criminal and civil cases between the parties. This ruling showcases the Court’s ability to deliver complete justice in matrimonial disputes while preventing further litigation.

Bail Revoked When Sureties Are Fictitious; SC Orders Strict Verification Under Section 37 NDPS Act : SC
Case Law Analysis
|Supreme Court of India

Bail Revoked When Sureties Are Fictitious; SC Orders Strict Verification Under Section 37 NDPS Act : SC

The Supreme Court cancelled the bail of a foreign national accused of large-scale heroin trafficking after discovering the pledged sureties were non-existent, and directed all courts to implement a rigorous verification process for NDPS sureties. The order tightens bail safeguards in drug cases and obliges authorities to confirm surety authenticity, affecting future bail applications involving foreign nationals and narcotics offences.

Motor Vehicles Act Section 166 | Tree Fall Not 'Use of Vehicle' But Compensation Enhanced Under Article 142: SC
Case Law Analysis
|Supreme Court of India

Motor Vehicles Act Section 166 | Tree Fall Not 'Use of Vehicle' But Compensation Enhanced Under Article 142: SC

The Supreme Court ruled that a tree falling on a stationary auto-rickshaw does not qualify as an accident arising from the 'use of a motor vehicle' under Section 166 of the Motor Vehicles Act, but exercised its extraordinary power under Article 142 to award Rs. 25 lakh in compensation, setting a precedent for equitable relief in natural calamity cases where no statutory liability exists.

Article 142 & Select Panel Rights | SC Directs Appointment of ReT Scheme Candidates Within 8 Weeks Subject to TET Compliance : SC
Case Law Analysis
|Supreme Court of India

Article 142 & Select Panel Rights | SC Directs Appointment of ReT Scheme Candidates Within 8 Weeks Subject to TET Compliance : SC

The Supreme Court invoked Article 142 to protect the rights of candidates in select panels under the terminated Rehbar-e-Taleem (ReT) scheme, mandating their appointment within eight weeks provided they qualify the Teacher Eligibility Test (TET) within three years. This ruling balances equitable relief under Article 21A with regulatory compliance, setting a precedent for post-scheme employment disputes.

Article 142 & Polluter Pays Principle | SC Directs Immediate Surveillance & Prosecution for Illegal Sand Mining in Chambal Sanctuary
Case Law Analysis
|Supreme Court of India

Article 142 & Polluter Pays Principle | SC Directs Immediate Surveillance & Prosecution for Illegal Sand Mining in Chambal Sanctuary

Supreme Court invokes Article 142 to mandate real-time surveillance, enforcement team equipping, and prosecution of illegal sand miners in the National Chambal Sanctuary, reinforcing constitutional duty to protect endangered species and habitats. States must comply within strict timelines or face contempt proceedings.

Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown
Case Law Analysis
|Supreme Court of India

Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown

The Supreme Court quashed domestic violence proceedings filed after a ₹89 lakh mediated settlement, ruling that post-settlement litigation constitutes abuse of process. Invoking Article 142, the Court dissolved the marriage on grounds of irretrievable breakdown, even in the absence of statutory divorce grounds, setting a precedent for similar disputes.

Supreme Court’s COVID-19 Limitation Extension Under Article 142 Applies Universally to Quasi-Judicial Proceedings : Uttarakhand HC
Case Law Analysis
|Uttarakhand High Court

Supreme Court’s COVID-19 Limitation Extension Under Article 142 Applies Universally to Quasi-Judicial Proceedings : Uttarakhand HC

The Uttarakhand High Court ruled that the Supreme Court’s 90-day limitation extension under Article 142, granted during the COVID-19 pandemic, applies to all quasi-judicial proceedings, including appeals under the Central Excise Act. This holding clarifies that litigants need not prove the original limitation expired during the pandemic to avail the extension, ensuring broader relief for delayed filings.

ACR Grading Bias Violates Article 14 | SC Grants Permanent Commission to Women Officers Denied on 'Merit' Grounds
Case Law Analysis
|Supreme Court of India

ACR Grading Bias Violates Article 14 | SC Grants Permanent Commission to Women Officers Denied on 'Merit' Grounds

The Supreme Court ruled that systemic bias in Annual Confidential Reports (ACR) grading and unequal career opportunities rendered the denial of Permanent Commission (PC) to women officers unconstitutional under Article 14. The Court directed pension benefits for released officers, emphasizing that merit-based denials cannot stand where structural discrimination is proven.