Constitution of India, 1950, Article 142 -- Jurisdiction under Art.142 Constitution - Cannot be invoked to salvage and legitimize acts of fraudulent character as fraud cannot be allowed to trounce, on the stratagem of public good...........
Constitution of India, 1950, Article 142 -- Moulding of relief - Suit for Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - In order to balance the equities and do complete justice between both the parties, Court while exercising powers u/art 142 of Constitution,..........
Negotiable Instruments Act, 1881, Section 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - S.142(b) is pari materia to S.5 Limitation Act - Sufficient cause to be construed liberally...........
Constitution of India, 1950, Article 136, 142 -- High Courts while dealing with lis is expected to focus on process of adjudication and decide the matter...........
Constitution of India, 1950, Article 136, 142 -- High Court issued directions in the nature of legislation or policy - Held, Court cannot take steps for framing policy...........
Constitution of India, 1950, Article 136, 142 -- Generalised directions issued by High Court - Power of judicial review - High Court cannot enter into the domain where amendment to legislations and other regulations are necessary - Therefore, High Court can exercise the power of judicial review on the controversy before it...........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
Constitution of India, 1950, Article 21, Negotiable Instruments Act, 1881, Section 142 -- Fair trial - Criminal case - Accused has right to be informed before trial, nature of offence alongwith particulars of transaction necessary for him to effectively meet case against him - Accused u/s 142 of the Act is entitled to know before trial particulars of the accusation against..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A(as -- Dishonour of cheque - Complaint u/s 138 of the Act - Territorial jurisdiction - Complainant presented cheque to Bank at Surat where complainant has account - Surat Court has jurisdiction as newly inserted provision under the Act is applicable with retrospective effect - Impugned order passed by Court below set..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
