This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
S. 14 of Securitisation Act not become Unconstitutional / Harsh in Absence of appeal procedure against order of CJM/District Judge
Case Law Details
- Case Name
- Mansa Synthetic (P.) Ltd. Vs Union of India (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
A mere hardship cannot be a ground for striking down a valid legislation unless it is held to be suffering from the vice of discrimination or unreasonableness. A valid piece of legislation, thus, can be struck down only if it is found to be ultra vires article 14 of the Constitution of India and not otherwise.
Our final conclusions are summarised, thus :
(i) Section 14 of the Act is a valid piece of legislation and is declared intra vires.
(ii) The District Magistrate or Chief Metropolitan Magistrate, as the case may be, is bound to assist the secured creditor in taking possession of the secur...
