Supreme Court Upholds Auction Sale Under SARFAESI Act, Dismissing Borrower’s Writ Petition LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 226 of the Constitution of India when an alternative statutory remedy is available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). […]
Supreme Court directs High Court to not decide on disputed facts in writ jurisdiction: State of UP vs. Ehsan (2023) INSC 906 (13 October 2023) LEGAL ISSUE: Whether a High Court should decide on disputed questions of fact in writ jurisdiction, especially when such issues were not decided in previous rounds of litigation. CASE TYPE:
Introduction Date of the Judgment: September 16, 2008 Judges: Justice Tarun Chatterjee, Justice Aftab Alam When is it acceptable for a higher court to intervene, even when other legal avenues are available? The Supreme Court of India addressed this critical question in Mariamma Roy vs. Indian Bank, focusing on the principles of natural justice. The
