AIR 1996 SUPREME COURT 2005 ::1996 AIR SCW 2401 ::(1996) 4 ComLJ 233 ::(1996) 62 DLT 543 ::(1996) 21 CorLA 291 ::1996 (4) SCC 622 ::1996 All CJ 2 1045 ::1996 (2) CurCC 241 ::(1996) 2 APLJ 58 ::1997 (89) Com Cas 362 ::(1996) 2 Guj LH 36 ::(1996) 2 CTC 557 (SC) ::1996 (2) CTC 557 ::(1996) 4 SCJ 24 ::(1996) 4 JT 679 (SC) ::1996 (4) JT 679

Supreme Court Of India

Hon'ble Judge(s): B. P. Jeevan Reddy, K. S. Paripoornan , JJ

(A) Constitution of India , Art.142— Scope - Power under Art. 142 should remain undefined and uncatalogued - It will enable Supreme Court to mould the power to suit given situation - Final orders and decisions of Courts - Ought not be re-opened while acting under Art.142. While considering the nature and ambit of the Supreme Court's power under Art. 142 the Supreme Court observed that it was advisable to leave the power under Art. 142 undefined and uncatalogued so that it remains elastic enough to be moulded to suit the situation. The very fact that this power is conferred only upon the Supreme Court, and on no one else, is itself an assurance that it will be used with due restraint and circumspection keeping in view the ultimate object of doing complete justice between the parties. Even while acting under Article 142 the Supreme Court ought not re-open the orders and decisions of the Courts which have become final. It was held that for doing complete justice between the parties in the instant case, it is not necessary to resort to this extraordinary step. The Supreme Court did not feel it necessary to go behind the earlier orders / divisions of the High Court and Supreme Court holding that certain property vested absolutely in the Delhi Development Authority and could not be available to reimburse the prospective flat owners who were chea....