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    <title>2013 (6) TMI 76 - KERALA HIGH COURT</title>
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    <description>A High Court cannot re-agitate a constitutional challenge to the SARFAESI Act and related enforcement provisions where the Supreme Court has already upheld their validity. The binding force of Article 141 requires lower courts to follow the law declared by the Supreme Court, even if some arguments were not expressly considered or every statutory provision was not specifically discussed. The writ petitions therefore could not succeed on merits, because the constitutional issues had been concluded by the apex court&#039;s earlier pronouncement.</description>
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      <description>A High Court cannot re-agitate a constitutional challenge to the SARFAESI Act and related enforcement provisions where the Supreme Court has already upheld their validity. The binding force of Article 141 requires lower courts to follow the law declared by the Supreme Court, even if some arguments were not expressly considered or every statutory provision was not specifically discussed. The writ petitions therefore could not succeed on merits, because the constitutional issues had been concluded by the apex court&#039;s earlier pronouncement.</description>
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