Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary
Article 142: Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc
In plain words
The Supreme Court can pass any decree or order necessary for doing complete justice in any case before it. Such decrees and orders are enforceable throughout India in the manner Parliament prescribes by law, or until then as the President orders.
- Subject to Parliament's laws, it has full power across India to secure the attendance of any person, the discovery or production of documents, and the investigation or punishment of contempt of itself.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter before it. It is an extraordinary power that lets the Court fill gaps the law leaves, but it is not a licence to ignore substantive law.
Scope
The power is undefined and uncatalogued, to allow flexibility in moulding relief. The Court may depart from procedure, and even from substantive law, in a cause or matter before it, guided by considerations of fundamental public policy, but it must consider the substantive provisions and not ignore them.
Limits
The power cannot be used to supplant a substantive statutory provision dealing expressly with the subject, or to create a jurisdiction that does not exist. It is exercised in a pending cause or matter, not in the abstract.
Notable uses
- Dissolving marriages on irretrievable breakdown, even without mutual consent, in appropriate cases.
- Ordering release of prisoners where executive delay defeats justice.
- Laying down guidelines where there is a legislative vacuum, such as on sexual harassment at work.
Key Supreme Court rulings
Shilpa Sailesh v. Varun Sreenivasan 2023 INSC 468
A Constitution Bench held that the power under Article 142(1) is undefined, allowing the Court to depart from procedure and substantive law on considerations of fundamental public policy, and that the Court may dissolve a marriage on irretrievable breakdown in appropriate cases.
Supreme Court Bar Association v. Union of India 1998 INSC 183
The Supreme Court's contempt power is inherent and exercised under Articles 129 and 142, but punishing an advocate for professional misconduct by suspending his licence falls within the statutory jurisdiction of the Bar Councils.
Common mistakes
- Treating Article 142 as allowing the Court to override express statutory provisions.
- Invoking it outside a pending cause or matter.
Read with: Article 141 Constitution, Article 129 Constitution, Article 32 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 142
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The State of Jharkhand v. The Indian Builders Jamshedpur
Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand and Ors. (2009) 16 SCC 705, if requires to be referred to a larger bench for reconsideration and authoritative decision in order to obviate…
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M/s Anvita Auto Tech Works Pvt. Ltd. v. M/s Aroush Motors & Anr.
Whether the High Court was correct in observing that on account of non-filing of written statement by the defendant, his right to cross-examination is taken away.
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Sanjabij Tari v. Kishore S. Borcar & Anr.
The present appeal has been filed challenging the ex-parte judgment and order dated 16.04.2009 passed by the High Court acquitting the respondent no.1-accused u/s.138 of the Negotiable Instruments Act, 1881 and…
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Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra and Others
1) Whether the State can insist that a teacher seeking appointment in a minority educational institution must qualify the Teacher Eligibility Test (TET); If so, whether providing such a qualification would affect any of…
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Vasanta Sampat Dupare v. Union of India & Ors.
Writ petition filed u/Art.32 challenging the continuing validity of the sentence of death against the petitioner, having been affirmed on appeal, declined in review, and followed by the rejection of mercy petitions and…
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A. Ranjithkumar v. E. Kavitha
Issue arose as regards the correctness of the judgment passed by the High Court, setting aside the decree of divorce granted by the family court.
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A. Karunanithi v. The State Represented by Inspector of Police
Issue arose as regards the correctness of the order passed by the High Court upholding conviction and sentence of the appellants u/ss.13 and 7 of the Prevention of Corruption Act, 1988 for demand and acceptance of…
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Dasari Anil Kumar & Another v. The Child Welfare Project Director & Others
Whether the custody of the minor children in question ought to be handed over to the appellants-adoptive parents.
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Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest…
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
Whether the criminal proceedings filed against the appellants in-laws by respondent No.1-wife subsequent to the dissolution of the marriage between her and her husband and also when both the parties had agreed for an…
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S. Mohammed Hakkim v. National Insurance Co. Ltd. & Ors.
Issue arose as regards the correctness of the order passed by the High Court reducing the compensation awarded to the appellant-engineering student in a motor accident, resulting in amputation of his leg and 100%…
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Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
Issue arose whether the impugned order having merged with this Court’s order in Reddy Veerana’s case, as claimed by R, renders the present appeal which lays a collateral challenge to an order of this Court itself not…
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United Bank of India (Now Punjab National Bank) v. Swapan Kumar Mullick & Ors.
Issue arose to determine whether an employee resigning from service citing mental depression, after having served his employer much in excess of the period stipulated to qualify for being entitled to pension, forfeits…
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Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc.
Issue arose as to whether the facts and circumstances disclosed in the complaint, supported by compelling medical evidence of grievous injuries, including complete genital mutilation, mandatorily required registration…
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Mala Devi v. Union of India & Ors.
Whether in the facts and circumstances of the case, the Appellant is entitled to family pension of her late husband, and whether a denial of such relief was justified.
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Pradeep Bhardwaj v. Priya
Issue arose as regards the correctness of the judgment passed by the High Court dismissing the matrimonial appeal filed by the appellant-husband refusing to grant divorce to the parties.
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Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr.
Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the…
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IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus
Issue arose as regards sentencing the accused; about the rehabilitation of the victim and her child; and about adopting measures for adolescent well being and child protection.
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Ravinder Singh Sidhu v. The State of Punjab & Ors.
Whether multiple FIRs registered across different States can be clubbed and consolidated in one jurisdiction, or at least within one district per State, under the Court’s power u/Arts.32 and 142 of the Constitution.
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The State of Kerala Etc. Etc. v. The Principal, Kmct Medical College and Ors. Etc. Etc.
(a) Whether the Admission and Fee Regulatory Committee had the power to determine and direct that a particular amount of the fees charged to NRI students be kept in a corpus fund maintained by the State? (b) Whether the…
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Vanashakti v. Union of India
Whether the 2017 Notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) in the context of the EIA Notification 2006 for grant of ex post facto environmental clearances (EC) is legal and…
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Ishwar Chanda Sharma v. Devendra Kumar Sharma & Ors.
The issues raised in the present case relates to: (i) the eligibility of a receiver for Sri Giriraj Temple, Govardhan, Mathura; (ii) temples facing severe administrative issues of crowd management.
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Authority & Anr v. L.G. Chaudhary Engineers & Contractors
1. Whether an arbitral award rendered under the Arbitration and Conciliation Act, 1996 (hereinafter “Act, 1996”), where the arbitration proceedings ought to have been governed by the M.P. Madhyastham Adhikaran…
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National Spot Exchange Limited v. Union of India & Ors.
Whether the Secured creditors would have priority of interest over the assets attached under the Provisions of Prevention of Money Laundering Act, 2002, (PMLA) and Maharashtra Protection of Investors and Depositors Act,…
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Jitender @ Kalla v. State (Govt. of NCT of Delhi) and Anr.
(a) Whether the 100-point assessment laid down in Indira Jaising v. Supreme Court of India (2017) 9 SCC 766 and modified in Indira Indira Jaising v. Supreme Court of India (2023) 8 SCC 1 for the designation of Senior…
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Vijay Kumar Joshi v. Akash Tripathi & Ors.
Issue arose with regards to admissibility of pension to the employees of the Co-operative Societies who were absorbed with the Madhya Pradesh State Electricity Board (MPSEB); if the answer to the same is yes then what…
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A. Raja v. D. Kumar
Whether the Appellant belongs to the Hindu Parayan caste in the State of Kerala and is covered by the 1950 Order insofar as it relates to the State of Kerala; whether the Appellant had still retained the Hindu Parayan…
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Rajendra Anant Varik v. Govind B. Prabhugaonkar
Whether the High Court was justified in reversing the judgment of the First Appellate Court acquitting the appellant-accused and setting aside his conviction u/s.138, Negotiable Instruments Act, 1881 as recorded by the…
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Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited
In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of…
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Dashrath v. The State of Maharashtra
The conviction of the appellant as well as the sentence imposed on him u/ss.7 and 13(1)(d) r/w. s.13(2) of the Prevention of Corruption Act, 1988 is questioned.
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The Chief Executive Officer & Others v. S. Lalitha & Others
Matter pertains to the maintainability of the time-barred application of the employee before the tribunal, filed after rejection of a belated representation in service dispute.
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Ramanuj Kumar v. Priyanka
Whether on facts, the marriage between the parties has irretrievably broken down and ought to be dissolved on that ground in exercise of jurisdiction under Article 142 of the Constitution of India.
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Sachin v. State of Maharashtra
Issue arose whether, the High Court could enhance the sentence under its revisional powers in a convict’s appeal against conviction.
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Soumen Paul & Ors. v. Shrabani Nayek & Ors.
The issue involved relates to the appointments to the post of assistant teachers in primary schools in the State of West Bengal.
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A. Rajendra v. Gonugunta Madhusudhan Rao & Ors.
Whether the limitation to file an appeal under Section 60(5) of the Insolvency and Bankruptcy Code starts from the date of pronouncement of the order or from the date when the order is communicated to the parties.
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Jomon K.K. v. Shajimon P. & Ors. Etc.
Whether the appellant who did not hold a current Lascar’s licence but was the holder of a Syrang’s licence (superior to Lascar’s licence) could have been considered qualified to participate in the recruitment process…
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Ramesh Kumaran & Anr. v. State Through the Inspector of Police & Anr.
Cross-FIRs related to the same incident and for the same offences, with allegations and counter-allegations, were filed by two lawyers against each other. The Supreme Court explored the possibility of an amicable…
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M/s JSW Steel Limited v. Pratishtha Thakur Haritwal & Ors.
Whether the case of the present Petitioner is specifically covered by the judgment of this Court in the case of Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited and Others…
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N.P. Saseendran v. N.P. Ponnamma & Ors.
The question to be decided herein is twin fold, whether the document of the year 1985 is a gift or Settlement or Will and whether the requirements under law or conditions in the deed have been satisfied to vest a legal…
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Ranjit Sarkar v. Ravi Ganesh Bhardwaj and Others
Whether in the instant case, the Judicial Magistrate in terms of s.256, Cr.PC was justified in dismissing the complaint for default vide order dated 16.04.2021.
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State of Assam & Ors. v. Arabinda Rabha & Ors.
Whether the High Court was justified in its interference with the decision made by the Government to cancel the select list; Whether the decision of the appellants to cancel the select list was either vulnerable on…
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Yuvraj Laxmilal Kanther & Anr. v. State of Maharashtra
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
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Radhika Agarwal v. Union of India and Others
Challenge to the constitutional validity and the right of the authorized officers to arrest under the Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).
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Nirmiti Developers Through Its Partners & Anr. v. The State of Maharashtra & Ors.
Whether the reservation of the plot of land lapsed under Sections 49, 126 and 127 of the Maharashtra Regional & Town Planning Act, 1967 due to the failure of the authorities to acquire it within the statutory timeframe,…
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Dr. Sunil Kumar Singh v. Bihar Legislative Council (Through Secretary) and Ors.
(1) Whether the instant writ petition is maintainable in view of Article 212 (1) of the Constitution of India and whether the proceedings of the ethics committee are amenable to judicial review? (2) Whether this court…
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Jitender @ Kalla v. State (Govt of NCT of Delhi) & Ors.
I. Whether the Supreme Court decisions in Indira Jaising v. Supreme Court of India (I) and (II), which lay down the guidelines for the designation of senior advocates, require reconsideration. II. Whether an advocate on…
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Dr. Poornima Advani & Anr. v. Government of NCT & Anr.
Whether in the facts and circumstances of the case, the Appellants would be entitled to claim interest on delayed stamp duty refund, in the absence of a provision in the statute to that effect.
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Suman Mishra & Ors. v. The State of Uttar Pradesh & Anr.
Whether the High Court erred in finding that there were specific allegations in the FIR and Chargesheet even after dropping the charge of Section 376, IPC in order to maintain the criminal proceedings against the…
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Canara Bank v. Ajithkumar G.K.
Father of the respondent passed away while in service of the appellant. A scheme for appointment on compassionate ground, formulated by the appellant and contained in Circular No. 154/93 dated 8th May, 1993, was in…
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Naushey Ali & Ors. v. State of U.P. & Anr.
Whether the present case is a fit case where proceedings could be quashed, particularly when Section 307, IPC inter alia was invoked and there was a settlement between the parties.
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Geddam Jhansi & Anr. v. The State of Telangana & Ors.
Whether the criminal proceedings against the appellant(s) under Sections 498A, 506, Penal Code, 1860 and Sections 3 and 4, Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005 ought to be…
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Ajay Malik v. State of Uttarakhand & Anr.
(1) Whether the High Court acted well within the contours of its powers under Section 482 of the CrPC in rejecting Ajay Malik’s quashing petition; (2) Whether the High Court fell in error in rejecting the Compounding…
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Ramesh Baghel v. State of Chhattisgarh & Others
A plea of a Christian man to accord his father a decent burial in his own native village.
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Irfan Alias Bhayu Mevati v. State of Madhya Pradesh
In a case where the trial court relied upon the DNA report, whether the non-examination of the scientific experts involved in the process of conducting DNA profiling examination and issuing the report, led to the…
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Biswajit Das v. Central Bureau of Investigation
Conviction for offences under section 468 r/w section 120(B), section 271 and section 465 r/w 120(B) and section 420 r/w section 120(B) of the Indian Penal Code, 1860 (“IPC”) as well as section 13(1)(d) read with…
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Holder v. Maharashtra Industrial Development Corporation and
The Lands of appellants herein were acquired and they were deprived of their property without paying any compensation for twenty-two years. For payment of compensation, the appellants pleaded to shift the date for…
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Sanjeevkumar Harakchand Kankariya v. Union of India & Ors.
Issue arose whether in view of the inconsistency between the Court Fees Act, 1870 and Maharashtra Court Fees Act, 1959, if any, would the appellant be entitled to a complete refund of court fees per the former, since it…
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Amutha v. A.R. Subramanian
The appellant-wife herein is challenging the grant of divorce.
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Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
- R.S. Junior Modern School v. New Delhi Municipal Council (Ndmc) & Ors
- Anil Jain v. Union of India and Ors
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Parvin Kumar Jain v. Anju Jain
In the instant case, the parties were married and have a son born from their wedlock, however, the realtionship soured and they have been living separately for more than two decades. The main issue between the parties…
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Lt. Col. Suprita Chandel v. Union of India and Ors.
Matter pertains to the correctness of the order passed by the Armed Forces Tribunal, dismissing the application of the Appellant seeking relief of Permanent Commissioning, granted by the AFT, Principal Bench to the…
- Dinesh Nathani v. The State (Govt. of NCT of Delhi) & Anr
- Sh. Vijay Dev Dabas v. The State of NCT of Delhi & Anr
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…
- Spml Infra Limited v. Power Grid Corporation of India Limited
- Spml Infra Limited v. Power Grid Corporation of India Limited
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C. Selvarani v. The Special Secretary-Cum-District Collector and Others
Whether the appellant is entitled to the Scheduled Caste community certificate, indicating that she belongs to Valluvan caste, which is recognized as one of the Scheduled Castes in the S.C. Order, 1964.
- Pankaj Kumar Prasad v. National Seeds Corporation Ltd
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IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus
Whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime. In other words, whether properties of persons, who…
- Mayank v. Govt of N.C.T of Delhi & Anr
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Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors.
Issue arose as regards whether a third party to a criminal proceeding got locus standi to challenge the order quashing the FIR lodged against the teacher by the father of the minor victim under the Penal Code, POCSO Act…
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State Bank of India & Ors. v. The Consortium of Mr. Murari Lal Jalan
Whether the Performance Bank Guarantee (PBG) could have been adjusted against the first tranche payment which was to be made under the Resolution Plan, within 180 days from the Effective Date, in contravention of the…
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Mukul Kumar Tyagi v. The State of Uttar Pradesh and Others
Issue arose as to whether the services of such of the candidates who were selected in the select list and had produced the Course on computer concepts-CCC certificate at the time of the interview could have been…
- Saheb Khan & Anr v. State( Govt Ofnct of Delhi) & Ors
- Sulochna Goel v. Assistant Commissioner of Income Tax Circle 43(1) Delhi and Anr
- T.K.S. Builders Pvt. Ltd v. Income Tax Officer Ward 25(3) New Delhi
- Bishamber Dayal Chander Mohan (Acting Through Competent Partner, Mr. Chander Mohan Agarwal) v. Income Tax Officer, Ward 58(3), Delhi
- Bishamber Dayal Chander Mohan v. Income Tax Officer Ward 58(3)
- Bishamber Dayal Chander Mohan (Acting Through Competent Partner Mr Chander Mohan Agarwal) v. Income Tax Officer Ward 58(3), Delhi
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Om Rathod v. The Director General of Health Services & Ors.
Appellant had lower limb myopathy, a locomotor disability. He secured an all India PwD rank of 84 and a State PwD rank of 4 in NEET UG Examination 2024. However, was held ineligible to pursue MBBS course by the…
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
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GLAS Trust Company LLC v. BYJU Raveendran & Ors.
Whether the appellant, who was not a party to the settlement between the second respondent-BCCI (Operational Creditor) and the Corporate Debtor, has locus in the proceedings before this Court; whether the NCLAT erred in…
- Akash Tanwar v. State of Delhi & Ors
- Md Mahebul v. The State and Anr
- Akash Tanwar v. Gnct of Delhi Thorugh Sho Ps. Fatehpur Beri & Ors. & Ors
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Haryana Urban Development Authority v. Abhishek Gupta etc.
(i) Whether the mandatory procedure under Section 5A of the Land Acquisition Act, 1894, was followed while considering objections against the acquisition; (ii) Whether the acquisition proceedings were vitiated on…
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Union of India v. Pranav Srinivasan
The issue involved in the instant cases concerns the grant of Indian citizenship to the respondent.
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
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IDBI Bank Ltd. v. Ramswaroop Daliya and Ors.
Whether there was any default on part of the respondents-auction purchasers in depositing the balance auction amount within the time prescribed pursuant to the auction sale so as to attract Rule 9(4) of the Security…
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K. Bharthi Devi and Anr. v. State of Telangana and Anr.
Despite the dispute involved having predominantly overtures of a civil dispute and the matter having been compromised between the parties, whether the High Court was justified in dismissing the quashing petition filed…
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Union of India & Ors. v. Rajeev Bansal
Whether after 01 April 2021, the Income Tax Act, 1961 has to be read along with the substituted provisions; whether Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act 2020 (TOLA) will continue…
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Atul Kumar v. The Chairman
Matter pertains to Schedule caste category student who lost his admission to IIT since he was late in paying the online admission fee of Rs 17,500/- by a few minutes.
- Karamjit Jaiswal As Legal Heir of Late Sh Ladli Pershad Jaiswal v. Assistant Commissioner of Income Tax & Anr
- Saleem @ Salim v. The State & Anr
- M/S. Tirupati Constwell Private Limited v. Assistant Commissioner of Income Tax, Circle -25(1)