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Supreme Court Of India

Hon'ble Judge(s): A. K. Ganguly, Deepak Verma , JJ

(A) Constitution of India , Art.136, Art.142, Art.134, Art.145— Supreme Court Rules (1966) , Chap.47 R.6, Chap.47 R.1— Appeal arising out of SLP - Jurisdiction of Court - Not limited to points mentioned in notice issued at time of admission of SLP - Court at time of final hearing can consider case in its entire perspective to see that complete justice is done - But this is not universal rule. Civil P.C. (5 of 1908) , S.100 Proviso— Supreme Court while hearing appeal arising out of Special Leave Petition finally is not inhibited by observations made at time of admitting SLP limiting the points for consideration. The Court can consider the entire perspective to do final justice in the matter as mandated by Art. 142. Under Article 142 Supreme Court in exercise of its jurisdiction may pass such decrees and may make such orders as is necessary for doing complete justice in any case or matters pending before it. It is, therefore, clear that the Court while hearing the matter finally and considering the justice of the case may pass such orders which the justice of the case demands and in doing so, no fetter is imposed on the Court's jurisdiction except of course by express provision of the law to the contrary, and normally Supreme @page-SC2329 Court cannot ignore the same while exercising its power under Article 142. An ....