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Category: The Constitution Of India

Article 136 of The Constitution Of India

Posted on October 3, 2019 by ShadesOfKnife

136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Posted in The Constitution Of India | Tagged Article 136 - Special leave to appeal by the Supreme Court

Article 20 of the Constitution of India

Posted on March 21, 2019 by ShadesOfKnife

20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
 

Article 20(2) : It is protection against Double Jeopardy in Criminal cases.

 
For a similar relief in Civil Cases, the principle of ‘Res Judicita‘ has to be invoked instead of Double Jeopardy, as Civil cases only involve Damages and compensation and not penal punishments as in Criminal Cases.
Posted in The Constitution Of India | Tagged Article 20 - Protection in respect of conviction for offences Double Jeopardy PIL - CrPC 125 Must Go From Statute Book Res Judicita | Leave a comment

Article 141 of Constitution of India

Posted on March 12, 2019 by ShadesOfKnife
141. Law declared by Supreme Court to be binding on all court.
 
The law declared by the Supreme Court shall be binding on all courts within the territory of India
 
Note: This judgment here, declared that the judgments of SCI are retrospectively also applicable on all Courts in India.
Posted in The Constitution Of India | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts | Leave a comment

Article 142 of The Constitution Of India

Posted on May 5, 2018 by ShadesOfKnife

142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

( 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 orders 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 order 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
Posted in The Constitution Of India | Tagged Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc | Leave a comment

Article 227 – Power of Superintendence Over All Courts by the High Court

Posted on April 29, 2018 by ShadesOfKnife

227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

 

Posted in The Constitution Of India | Tagged Article 227 - Power of superintendence over all courts by the High Court | Leave a comment

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