Showing posts with label dominant legislation. Show all posts
Showing posts with label dominant legislation. Show all posts

Saturday, 11 February 2017

Whether SARFEASI Act being parliamentary legislation will prevail over Tripura land reforms Act?

Debt, Financial and Monetary Laws — Debt, Debt Recovery and Relief — Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Conflict between the Central and State Act of Tripura Land Revenue and Land Reforms Act, 1960 on account of an apparent overstepping by the provisions of the State Act dealing with land reform into an area of banking covered by the Act of 2002 — Held, dominant legislation being the Parliamentary legislation, provisions of Act of 1960, pro tanto, S. 187 would be invalid — It is the provisions of Act of 2002, which do not contain any embargo on the category of persons to whom mortgaged property can be sold by the bank for realisation of its dues that will prevail over the provisions contained in S. 187 of Act of 1960
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
(Before Ranjan Gogoi and Abhay Manohar Sapre, JJ.)
Civil Appeal No. 11247 of 2016
(arising out of S.L.P. (C) No. 36973 of 2012)
UCO Bank and Anr
v.
Dipak Debbarma & Ors. 
Decided on November 25, 2016
Citation:2016 SCC OnLine SC 1391
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