What is Section 142 of the CPC?
Asked by: Dr. Wilford Kuvalis DVM | Last update: May 6, 2026Score: 4.4/5 (66 votes)
Section 142 of the Code of Civil Procedure (CPC), particularly in jurisdictions like India and Bangladesh, mandates that all court orders and notices must be in writing, and empowers courts to issue notices to absent parties, ensuring fairness before proceeding with a case. However, "CPC" can also refer to the California Penal Code § 142 (peace officers refusing to arrest) or Article 142 of the Indian Constitution (Supreme Court's power to do complete justice), depending on the jurisdiction.
What is the Section 142 Act?
-- For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
What is the California Penal Code 142?
California Penal Code Section 142 creates significant criminal liability for peace officers who willfully refuse to arrest individuals charged with criminal offenses while providing important exceptions and limitations that create defense opportunities.
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 the punishment for IPC 142?
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Section 142 CPC 1908 | #law #lawyer #advocate #llb #clat #judiciary #laws
What are the powers of Article 142?
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. This meant that the demarking of its scope was left entirely to the Court.
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.
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 is an example of possibility of performance?
Possibility of Performance (Section 56)
Contracts which require the performance of acts impossible to perform are void. Example: A contract to deliver goods to a place that has been destroyed by a natural disaster is void for the impossibility of performance.
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 CA 142?
Commonwealth Act No. 142 - AN ACT TO REGULATE THE USE OF ALIASES. - Supreme Court E-Library.
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 ...
What is 20 years to 40 years imprisonment?
A 20 to 40-year prison sentence is a significant term, often for serious felonies like murder, armed robbery, or repeat offenses, where "20 to life" or similar structures mean eligibility for parole after the minimum (e.g., 20 years) but not a guarantee of release, while a flat 40-year sentence requires serving most of that time, with varying release eligibility depending on state laws, "good time" credits, and parole board discretion. These sentences are part of the US criminal justice system, with advocates calling for reforms to cap extreme sentences, given neuroscience showing most crime drops off by mid-adulthood.
What is the significance of Section 142?
Section 142(1) notice of the Income Tax Act grants the Income Tax Department the authority to issue notices to taxpayers for various reasons, primarily when they fail to file their Income Tax Returns (ITR) or fail to respond to earlier notices.
What is the time limit for Section 142?
Time limit for notice under section 142(1) of income tax act
The tax department can send this notice even after the relevant assessment year has ended. While there is no time limit for the tax department to issue an income tax notice section 142(1), you typically have 30 days to respond once you receive it.
What is the burden of proof in Section 142 cases?
Burden of Proof. (a) General: The burden of proof shall be upon the petitioner, except as otherwise provided by statute or determined by the Court; and except that, in respect of any new matter, increases in deficiency, and affirmative defenses, pleaded in the answer, it shall be upon the respondent.
What may qualify as impossibility of performance?
Impossibility of performance allows a party to be excused from a contract when unforeseen events make performance objectively impossible. Courts assess factors such as unforeseeability, absence of fault, and whether performance has become commercially impracticable.
What voids a contract?
The contract can also be considered void if an unlawful object or consideration is involved in the agreement. This can include the promise of sex, an illicit substance, or anything else causing one or both parties to break the law.
What are common contract mistakes?
Common mistakes when drafting contractual terms include: Using vague or ambiguous language that can create multiple interpretations; Failing to specify important details such as payment terms, delivery schedules, or performance standards; or. Including contradictory or confusing provisions that create uncertainty.
What makes a guarantee invalid?
A guarantee may also be affected by the circumstances and events that occur before or after it is given. For example, a guarantee may be invalid or discharged if it is obtained by fraud, duress, undue influence, misrepresentation, or mistake.
What is Section 142 of the contract Act 1950?
According to S142 Contract Act 1950, an agency may arise by necessity or in an emergency. Agency of necessity means a person may become the agent of another without being appointed as such under certain circumstances.
What is a lack of valid consideration?
When there is a lack of consideration, the contract never was valid or enforceable. In contrast, failure of consideration occurs where a valid contract with a valid consideration becomes unenforceable due to the consideration no longer being valuable.
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 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 are the four levels of culpability?
The four main levels of culpability, defined by the Model Penal Code (MPC) and used in U.S. law, are purposely (or intentionally), knowingly, recklessly, and negligently, ordered from most to least severe mental state required for a crime. They describe the defendant's mental state (mens rea) concerning the criminal act, from having a specific goal (purposely) to being unaware of a substantial risk (negligently).