Power of the Supreme Court for doing justice is absolute

The power of the Supreme Court of India for doing justice is absolute and unqualified under Art 142 of the Constitution of India.

Article 142 in The Constitution Of India 1949

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

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Conviction reversal for witness tampering

Check bounce offence is a civil wrong

“This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.” Supreme Court in Seshia vs State of Telangana on Feb1, 2023.

Supreme Court on modes of payment under decrees

The court in Gurpreet Singh case discussed the modes of payment under decrees according to Order XXI of CPC. The court stated that in the case of execution of money decrees or award decrees, interest stops running on the amount deposited to the extent of the deposit. The court also stated that if there is a shortage in the amount deposited, the decree holder may be entitled to apply the rule of appropriation to the interest, costs, and then to the principal amount. However, the scheme does not allow for reopening of the satisfaction that has already occurred by the deposit. The court also discussed the process of payment of money under a decree, which can be made by deposit into the executing court, by postal money order or through a bank, or as directed by the court. The interest stops running from the date of notice of payment given to the decree holder. If the payment is made out of court, interest stops from the date of pay...

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