Supreme Court Considers Competency to Issue Suo Motu Rule of Enhancement of Sentence under Constitution of India Articles 136 and 142. The Court Examined Scope of Plenary Jurisdiction under Article 136 and Power under Article 142 in Context of Indian Penal Code, 1860 Sections 326, 120-B, 107, and 109.

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Headnote

A) Constitutional Law - Article 136 - Plenary Jurisdiction - Competency to issue suo motu rule of enhancement of sentence - Constitution of India, 1950, Article 136 - The Supreme Court considered whether Article 136 confers plenary jurisdiction to issue suo motu rule for enhancement of sentence in criminal appeals. The provided judgment text does not include the Court's holding. (No paragraph references available)

B) Constitutional Law - Article 142 - Scope of Power - Exercise of power under Article 142 - Constitution of India, 1950, Article 142 - The Court examined the scope of power under Article 142 in relation to enhancement of sentence. The provided judgment text does not include the Court's holding. (No paragraph references available)

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Issue of Consideration

Competency to issue suo motu rule of enhancement of sentence under Articles 136 and 142 of Constitution of India; Scope of power under Article 142 and plenary jurisdiction under Article 136

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Law Points

  • Constitution of India
  • Article 136
  • Article 142
  • Competency to issue suo motu rule of enhancement of sentence
  • Plenary jurisdiction
  • Scope of power
  • Indian Penal Code
  • Section 326
  • Section 120-B
  • Section 107
  • Section 109
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Case Details

1995 LawText (SC) (01) 55

1995-01-17

Kuldip Singh, B.L. Hansaria

E.K. Chandrasenan

State of Kerala

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Issues

Competency to issue suo motu rule of enhancement of sentence under Articles 136 and 142 of Constitution of India Scope of power under Article 142 and plenary jurisdiction under Article 136

Acts & Sections

  • Constitution of India: Articles 136, 142
  • Indian Penal Code, 1860: Sections 326, 120-B, 107, 109
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