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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > Constitution Professional Update Category: Constitution , Posted on: 02/03/2024 , Posted By: CA SHIKHAR GARG Visitor Count:45 Professional Update (Constitutional Case laws) SLP 13284/2023 (SC) High Court Bar Association, Allahabad vs State of U.P. & Ors. Issue Whether the article 142 of the constitution empowers the supreme court to provide the automatic vacation of the stay granted by the High court under article 226 of the constitution after a specific period of time in every case. Facts The supreme court in the judgment of Asian resurfacing, has revoked the stay granted by the high court in the criminal matter relation to the prevention of corruption act. The supreme court using the powers granted under article 142 of the constitution held that the stay granted by the high court especially in the criminal matter has to be exercised with restraint and directed a vacation of stay granted in every criminal matter after 6 months unless the high court passes an speaking order for the extension of the stay granted. Held. The Supreme court held that the powers of article 142 should be exercised without provided the opportunity of hearing the other side, therefore, the principle of natural justice in ingrained in the constitution. The Supreme court under article 142 cannot limited the substantive rights of the litigant derived by the large number of litigants based on the valid judicial orders. The exercise of the jurisdiction under article 142 can be exercise the in streamlining the procedural aspect of the law and not the substantive rights of the law. (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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