How to resolve inconsistency between laws made by parliament and laws by made state legislature in matters falling in concurrent list?

In such a situation arising in any case, if any inconsistency or/and repugnancy is noticed between the provisions of the Central and the State Act, which has resulted in their direct head on collusion with each other which made it impossible to reconcile both the provisions to remain in operation inasmuch as if one provision is obeyed, the other would be disobeyed, the State Act, if it has received the Assent of the President will prevail over the Central Act in the concerned State by virtue of Article 254(2) of the Constitution.

97. A fortiori, in such a situation, if the State Act has received the Assent of the Governor then the Central Act would prevail over the State Act by virtue of Article 254(1) of the Constitution.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 197 of 2018 (Arising out of S.L.P. (C) No. 29765 of 2016)

Decided On: 12.01.2018

K.A. Annamma Vs.  The Secretary, Cochin Co-operative Hospital Society Ltd.

Hon'ble Judges/Coram:

R.K. Agrawal and Abhay Manohar Sapre, JJ.

Citation: (2018) 2 SCC 729

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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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