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The power is to be used sparingly in cases which cannot be effectively and appropriately tackled by the existing provisions of law or when the existing provisions of law cannot bring about complete justice between the parties
Precedent
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Emphasis added
Precedent
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After elaborately discussing almost all the case laws on this subject about jurisdiction of this Court under Article 142,summarised the same in the following words: Therefore,the law in this regard can be summarised to the effect that in exercise of the power u/art.142 of the Constitution,this Court generally does not pass an order in contravention of or ignoring the statutory provisions nor is the power exercised merely on sympathy
Ratio of the decision
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After saying so,the Court rejected the request of the parties to waive the statutory period of six months under the Act
Ratio of the decision
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In Mota Ram vs
Precedent
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State of Haryana,(2009) 12 SCC 727 2009 Indlaw SC 682,this Court,while reiterating the above principles has concluded that Art.142 cannot be exercised to negate the statutory provisions
Precedent
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In Academy of Nutrition Improvement and Others vs
Precedent
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Union of India,JT 2011 (8) SC 16 2011 Indlaw SC 515,the following conclusion about the applicability of Art.142 is relevant
Precedent
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The question is having held that Rule 44I to be invalid,whether we can permit the continuation of the ban on sale of non-iodised salt for human consumption for any period
Precedent
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Art.142 of the Constitution vests unfettered independent jurisdiction to pass any order in public interest to do complete justice,if exercise of such jurisdiction is not be contrary to any express provision of law
Precedent
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In Supreme Court Bar Association v
Precedent
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Union of India: 1998 (4) SCC 409
Precedent
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1998 Indlaw SC 688,this Court observed: The Supreme Court in exercise of its jurisdiction u/art.142 has the power to make such order as is necessary for doing complete justice "between the parties in any cause or matter pending before it".The very nature of the power must lead the court to set limits for itself within which to exercise those powers and ordinarily it cannot disregard a statutory provision governing a subject,except perhaps to balance the equities between the conflicting claims of the litigating parties by "ironing out the creases" in a cause or matter before it
Precedent
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Indeed this Court is not a court of restricted jurisdiction of only dispute settling
Precedent
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It is well recognised and established that this Court has always been a law maker and its role travels beyond merely dispute settling
Precedent
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It is a "problem solver in the nebulous areas".(See
Precedent
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K.Veeraswami v
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Union of India : 1991 (3) SCC 655 1991 Indlaw SC
Precedent
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711,but the substantive statutory provisions dealing with the subject matter of a given case,cannot be altogether ignored by this Court,while making an order u/art.142.Indeed,these constitutional powers can not,in any way,be controlled by any statutory provisions but at the same time these powers are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in statute dealing expressly with the subject
Precedent
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In Kalyan Chandra Sarkar v
Precedent
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Rajesh Ranjan : 2005 (3
Precedent
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SCC 284 2005 Indlaw SC 93,this Court after reiterating that this Court in exercise of its jurisdiction u/art.142 of the Constitution would not pass any order which would amount to supplanting substantive law applicable to the case or ignoring express statutory provisions dealing with the subject,observed as follows
Precedent
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It may therefore be understood that the plenary powers of this Court u/art.142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes .These
Precedent
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powers also exist independent of the statutes with a view to do complete justice between the parties...and are in the nature of supplementary powers
Precedent
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and] may be put on a different and perhaps even wider footing than ordinary inherent powers of a court to prevent injustice
Precedent
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The advantage that is derived from a constitutional provision couched in such a wide compass is that it prevents 'clogging or obstruction of the stream of justice
Precedent
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See: Supreme Court Bar Association 1998 Indlaw SC 688 (supra
Precedent
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Though the jurisdiction of this Court,u/art.142 of the Constitution of India is not in dispute,we make it clear that exercise of such power would,however,depend on the facts and circumstances of each case
Ratio of the decision
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The High Court,in exercise of its jurisdiction,u/s.482 of the Criminal Procedure Code and this Court
Ratio of the decision
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u/art.142 of the Constitution,would not ordinarily direct quashing of a case involving crime against the society particularly
Ratio of the decision
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when both the trial Court as also the High Court have found that the charge leveled against the appellant under the Act has been made out and proved by the prosecution by placing acceptable evidence
Ratio of the decision
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Finally,learned senior counsel for the appellant has cited certain orders of this Court wherein this Court has reduced the period of sentence already undergone while upholding the conviction
Argument
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We have perused those orders
Ratio of the decision
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The orders do not disclose any factual details and the relevant provisions under which the accused was charged/convicted and minimum sentence,if any,as available in the Act as well as the period already undergone
Ratio of the decision
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In the absence of such details,we are unable to rely on those orders
Ratio of the decision
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From the analysis of the above decisions and the concerned provisions with which we are concerned,the following principles emerge: "a) When the Court issues notice confining to particular aspect/sentence,arguments will be heard only to that extent unless some extraordinary circumstance/material is shown to the Court for arguing the matter on all aspects
Ratio of the decision
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Long delay in disposal of appeal or any other factor may not be a ground for reduction of sentence,particularly,when the statute prescribes minimum sentence
Ratio of the decision
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In other cases where no such minimum sentence is prescribed,it is open to the Court to consider the delay and its effect and the ultimate decision
Ratio of the decision
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In a case of corruption by public servant,quantum of amount is immaterial
Ratio of the decision
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Ultimately it depends upon the conduct of the delinquent and the proof regarding demand and acceptance established by the prosecution
Ratio of the decision
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Merely because the delinquent lost his job due to conviction under the Act may not be a mitigating circumstance for reduction of sentence,particularly,when the Statute prescribes minimum sentence
Ratio of the decision
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Though Art.142 of the Constitution gives wider power to this Court,waiver of certain period as prescribed in the Statute imposing lesser sentence than the minimum prescribed is not permissible
Ratio of the decision
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An order,which this Court can make in order to do complete justice between the parties,must not only be consistent with the fundamental rights guaranteed by the Constitution,but also it cannot even be inconsistent with the substantive provisions of the relevant Statute
Ratio of the decision
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In other words,this Court cannot altogether ignore the substantive provisions of a Statute
Ratio of the decision
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g
Ratio of the decision
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In exercise of the power u/art.142 of the Constitution,this Court generally does not pass an order in contravention of or ignoring the statutory provisions nor is the power exercised merely on sympathy
Ratio of the decision
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h
Ratio of the decision
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The power u/art.142 of the Constitution is a constitutional power and not restricted by statutory enactments
Ratio of the decision
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However,this Court would not pass any order u/art.142 which would amount to supplant the substantive law applicable or ignoring statutory provisions dealing with the subject
Ratio of the decision
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In other words,acting under Article 142,this Court cannot pass an order or grant relief which is totally inconsistent or goes against the substantive or statutory enactments pertaining to the case
Ratio of the decision
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i
Ratio of the decision
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The powers u/art.142 are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in statute dealing expressly with the subject
Ratio of the decision
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In the light of the above discussion,we are unable to accept any of the contentions raised by the learned senior counsel for the appellant,on the other hand,we are in entire agreement with the conclusion arrived at by the trial Judge as affirmed by the High Court
Ratio of the decision
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Consequently,the appeal fails and the same is dismissed
Ratio of the decision
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Since the appellant is on bail,the bail bonds executed by him stand cancelled
Ratio of the decision
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The trial Judge is directed to secure his presence for serving the remaining period of sentence
Ruling by Present Court
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Appeal dismissed
Ruling by Present Court
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This appeal is preferred against the judgment dated 19.8.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No.181 SB of 2000, whereby the High Court partly allowed the appeal filed by the appellants thereby confirming the conviction of the appellants with certain modifications
Facts
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Briefly stated, case of the prosecution is that on the fateful day i.e. 18.11.1994, at about 8.00 A.M. in the morning the complainant Jagdish (PW-5) along with his two sons namely Sukhbir and Mange Ram (PW-6) were busy in cutting pullas (reeds) from the dola of their field
Facts
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At that time, Jage Ram (A-1) and his sons Rajbir Singh
Facts
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Raju (A-2), Rakesh (A-3) and Madan (A-4) armed with jaily, pharsi and lathis respectively, entered the land where the complainant was working with his sons and asked them not to cut the pullas as it was jointly held by both the parties
Facts
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Wordy altercations ensued between the parties and Jage Ram insisted that he would take away the entire pullas
Facts
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In the fight, the accused persons started inflicting injuries to the complainant, and his sons Rajbir
Facts
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Raju (A-2) gave a pharsi blow on the head of Sukhbir, Jage Ram (A-1) caused injury to Jagdish (PW-5) with two jaily blows
Facts
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Additionally, Madan and Rakesh attacked the complainant with lathi blows on shoulder and left elbow respectively and caused several other injuries to the complainant party
Facts
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Jagdish and his injured sons raised alarm, hearing which Rajesh and Usha came to rescue them and on seeing them, the accused persons fled away
Facts
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The injured witnesses were taken to the Primary Health Centre, Taoru where Dr. Pardeep Kumar, Medical Officer, medically examined the injured persons
Facts
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Injured Sukhbir was vomiting in the hospital and later on he was referred to General Hospital, Gurgaon as his condition deteriorated
Facts
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A CT scan disclosed that large extra-dural haematoma was found in the frontal region with mass effect and Sukhbir needed urgent surgery and he was operated upon and the large extra-dural haematoma was removed
Facts
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Dr. Pardeep Kumar (PW-2) also examined the other injured persons, PW 5-Jagdish and PW
Facts
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6- Mange Ram
Facts
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Statement of Jagdish was recorded, based on which F.I.R. was registered at Police Station Taoru, Gurgaon under Sections 323, 324, 325 and 307 read with S. 34 IPC
Facts
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PW 8-Ramesh Kumar (ASI) had taken up the investigation
Facts
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He examined the witnesses and after completion of investigation, challan was filed under Sections 307, 325, 324 read with S. 34 IPC
Facts
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In the trial court, prosecution examined nine witnesses including Jagdish-PW5, Mange Ram-PW6 and Dr. Prem Kumar-PW2 and Dr. HiIol Kanti Pal-PW9
Facts
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Neuro Surgeon, PW8-investigating officer and other witnesses
Facts
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The accused were examined u/s
Facts
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313 Cr
Facts
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P.C. about the incriminating evidence and circumstances
Facts
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First accused Jage Ram pleaded that on the date of occurrence-complainant party Jagdish and his sons Mange Ram and Sukhbir forcibly trespassed into the land belonging to the accused and attempted to forcibly cut the pullas
Facts
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Jagdish further claims that he along with Rakesh caused injuries to the complainant party in exercise of right of private defence of property
Facts
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He has denied that Rajesh and Usha had seen the incident
Facts
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Raju (A-2) and Madan (A-3) stated that they were not present on the spot and they have been falsely implicated
Facts
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Rakesh (A-4) adopted the stand of his father Jage Ram
Facts
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Upon consideration of oral and documentary evidence, the learned Additional Sessions Judge vide judgment dated 17.2.2000 convicted all the accused persons u/ss
Ruling by Lower Court
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307 and 325 IPC and sentenced them to undergo rigorous imprisonment for five years and one year respectively and a fine of Rs
Ruling by Lower Court
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500/- each with default clause
Ruling by Lower Court
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Aggrieved by the said judgment, the accused-appellants filed criminal appeal before the High Court of Punjab and Haryana
Ruling by Lower Court
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The High Court vide impugned judgment dated 19.8.2011 modified the judgment of the trial court thereby convicted Jage Ram (A-1) u/s
Ruling by Lower Court
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325 IPC and sentenced him to undergo rigorous imprisonment for one year, convicted second accused Rajbir
Ruling by Lower Court
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Raju u/s
Ruling by Present Court
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307 IPC and imposed sentence of imprisonment for five years as well the fine of Rs.500/- was confirmed by the High Court
Ruling by Lower Court
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Sentence u/s
Ruling by Lower Court
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325 IPC (two counts) was modified as the sentence u/s
Ruling by Lower Court
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323 IPC and he was sentenced to undergo six months rigorous imprisonment
Ruling by Lower Court
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Both the sentences were ordered to run concurrently
Ruling by Lower Court
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High Court modified the sentence of Madan (A-3) Rakesh (A-4) u/s. 323 IPC and sentenced them to undergo rigorous imprisonment for six months (two counts) respectively
Ruling by Lower Court
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In this appeal, the appellants assail the correctness of the impugned judgment
Ruling by Lower Court
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Ms. Vibha Datta Makhija, learned Senior Counsel appearing for the appellants contended that the evidence of the witnesses suffers from material discrepancy and is self- contradictory
Argument
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It was submitted that injured witness Sukhbir was not examined in the court and neither CT Scan nor x-ray nor operational notes of Sukhbir were produced before the court and in the absence of such material evidence, courts below erred in convicting the second accused u/s
Argument
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context