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

Comments

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.

Royalty Fee agreements beyond patent life:Banned in the US

The agreements related to payment of royalty fees beyond the life of a patent are banned in the US.The US Supreme Court has been petitioned to overturn this law.However the possibility of that happening is low and that is rightly so because the fundamental objective of patenting is social and economic development.Benefits to the patentee cannot be the one and only objective of the patenting process.

Supreme Court of India's observations on hate speech law

The Supreme Court of India has observed that that the law related to hate speech needs reform.It is getting misused due to lack of clarity.It violates the fundamental right related to freedom of speech.

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