What is section 142 in India?
Asked by: Lessie Wehner | Last update: April 11, 2026Score: 4.2/5 (74 votes)
"Section 142" in India refers to different laws, but most prominently Article 142 of the Constitution, granting the Supreme Court power to enforce complete justice, and Section 142 of the Negotiable Instruments Act, dealing with cheque bounce cases (cognizance of offences). Other contexts include Section 142 of the Indian Evidence Act (leading questions in court) or the Patents Act (fees).
What is article 142 in India?
Article 142 is a unique provision. It grants the Supreme Court the power to pass any order necessary to secure complete justice. Its draft, Article 118, was adopted by the Constituent Assembly without any debate.
What is Section 142 of the Indian Evidence Act?
Section 142 – When they must not be asked
Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
What is Section 142 of the Indian Patent Act?
Section 142 of The Patents Act, 1970, PA : Section 142: Fees
(1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government.
What is Section 142 of the IPC?
Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Supreme Court's landmark Ruling: Directly granting divorce to couples under Article 142 | StudyIQ
How many times was article 142 used in India?
A recent empirical study conducted by IIM Ahmedabad in 2024 reveals that between 1950 and 2023, the Supreme Court referenced the term 'complete justice' of Article 142 in 1,579 cases, the majority of which were civil cases.
What is IPC144?
Description. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What is Section 142 of the Indian Contract Act?
142. Guarantee obtained by misrepresentation invalid. 143. Guarantee obtained by concealment invalid. 144. Guarantee on contract that creditor shall not act on it until co-surety joins.
What is Section 142 of the Criminal Justice Act?
1.9 Section 142 of the Criminal Justice Act 2003 sets out the purposes of sentencing for offenders who are over 18 on the date of conviction. That Act was amended in 2008 to add section 142A which sets out the purposes of sentencing for offenders under 18, subject to a commencement order being Page 2 made.
Who can file a revocation petition?
A patent can be revoked on petition of any person interested or of the Central Government or on a counter claim in a suit for infringement of the patent by the High Court.
Which type of evidence is not admissible?
Hearsay evidence
Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.
What is the Article 142 petition?
Judgement - The SC can exercise its plenary power to do 'complete justice' under Article 142(1) of the Constitution to dissolve a marriage on the ground that it had broken down irretrievably. It can grant divorce without referring the parties to a family court for divorce by mutual consent petitions.
What is Section 142 of the magistrates court Act?
(1)Subject to subsection (4) below, a magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power ...
How frequently is Article 142 used?
The Court's deployment of Article 142 was “ambiguous/not used” in almost 40 percent of cases. It expressly rejected the use of the provision in about 10 percent of cases.
How does Article 142 affect citizens' rights?
Article 142 of the Constitution empowers the Supreme Court to pass any order necessary to ensure “complete justice” in matters before it. This extraordinary jurisdiction reflects the framers' recognition that substantive justice may, in rare cases, demand judicial creativity beyond rigid statutory confines.
What is Section 142 of the LRA?
Section 142 of the Labour Relations Act gives a commissioner the power to issue a subpoena for an individual to appear before the CCMA.
What information from the list held under section 142?
The information held under Section 142 of the Education Act 2002 (previously known as List 99) is a list maintained by the Department for Education (DfE) and contains the details of individuals who are considered unsuitable or banned from working with children. This is now referred to as the Barred List.
What is the application under section 142?
The income tax notice section 142(1) is an official request from the Income Tax Department asking for more information about your tax filing before the Assessing Officer makes their final assessment. This notice can be issued whether you have filed your tax return or not.
What is CRPC 142?
Section 142 – Injunction pending inquiry
In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
What is the Article 142 of the Constitution of India?
At its core, Article 142 allows the Supreme Court to: “pass any decree or make any order as is necessary for doing complete justice in any cause or matter pending before it.” Originally envisioned as an extraordinary remedy, it was meant to fill gaps where laws were silent, or justice would otherwise be denied.
What is an invalid guarantee under section 142?
Any guarantee which has been obtained by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a material part of the transaction, is invalid.
What are the rights of surety?
The surety can seek reimbursement and other remedies from the principal debtor after fulfilling the guarantee. These include the right to be indemnified for payments made, the right to step into the creditor's shoes to recover from the debtor and the right to benefit from any securities the debtor provided.
What is the new law of Section 144?
Section 144 of the BNSS (which replaced Section 125 of the CrPC) focuses on providing maintenance to dependents, including wives, children, and parents, irrespective of their religious identity. The purpose of this section is to protect those unable to sustain themselves financially.
What are the common reasons for imposing section 144?
When is Section 144 imposed? It is imposed in situations where there is a likelihood of disturbance, danger, or public unrest. This can include riots, protests, public health emergencies, or any situation where public peace might be threatened.
Is 144 IPC bailable or not?
Joining unlawful assembly armed with the deadly weapon is a cognizable and bailable offence, which can be tried by any Magistrate.