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Supreme Court of India · 2016-03-09

PRATIBHA RAMESH PATEL vs UNION OF INDIA .

Citation / case number
SC 2016/1825
Court
Supreme Court of India
Petitioner
PRATIBHA RAMESH PATEL
Respondent
UNION OF INDIA .
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court ruled that Sections 2, 12, and 15(a) of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, are unconstitutional as they infringe upon the legislative domain of State legislatures concerning co-operative societies, violating Articles 245 and 246 of the Constitution. The Court emphasized that the federal structure is a basic feature of the Constitution, and thus, the provisions of the Multi-State Co-operative Societies Act, 2002, prevail over the amended SARFAESI Act, 2002. Consequently, the Court quashed the notices issued under the SARFAESI Act against the appellant, affirming the jurisdictional limitations imposed by the co-operative societies legislation.

PRATIBHA RAMESH PATEL vs UNION OF INDIA . · Niyam