Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1985

Supreme Court of India · 1985-01-29

BANK OF BARODA vs MOTI BHAI AND ORS.

Citation / case number
SC 1980/63423
Court
Supreme Court of India
Petitioner
BANK OF BARODA
Respondent
MOTI BHAI AND ORS.
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court held that under Sections 207 and 256 of the Rajasthan Tenancy Act, 1955, civil courts are barred from jurisdiction only in specific suits listed in the Third Schedule. The Court clarified that a loan transaction between a bank and an agriculturist is a commercial matter and does not fall under the Act's purview. Consequently, the civil court has jurisdiction to entertain the suit filed by the Bank for recovery of dues based on a promissory note, as it does not relate to any tenancy issues under the Act.

BANK OF BARODA vs MOTI BHAI AND ORS. · Niyam