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SCOPE OF THE FIVE PREROGATIVE WRITS (MANDAMUS, CERTIORARI, HABEUS CORPUS, PROHIBITION AND QUO WARRANTO)

Article 32 empowers the Supreme Court to issue writs in form of Mandamus, Certiorari, Habeus Corpus, Prohibition and Quo Warranto for enforcement of Fundamental Rights. Similarly, High Court can also issue aforesaid writs under Article 226 for not only enforcement of Fundamental Rights but also for other legal rights. These writs are also called prerogative writs as origin of these writs can be traced to British Monarch who enjoyed these discretionary powers over and above the statutory laws. The Indian Constitution has bestowed these discretionary powers on Supreme Court and High Courts for protection of Fundamental Rights.

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INDEPENDENT SUGAR CORPORATION LTD. VS GIRISH SRIRAM JUNEJA  & ORS: CASE SUMMARY

The Supreme Court in Independent Sugar Corporations Ltd. Vs. Girish Sriram Juneja & Ors (Civil Appeal No. 6071 /2023) held that obtaining approval by Competition Commission of India prior to the approval of the resolution plan by the Committee of Creditors is mandatory in cases where there is provision for combination under the Resolution Plan. The objectives of the IBC and the Competition Act must necessarily be in harmony with one another. Expeditious resolution cannot come at the cost of disregarding statutory provisions

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