Supreme Court of India · 1987-11-11
BANK OF INDIA vs VIJAY TRANSPORT
- Citation / case number
- SC 1998/60619
- Court
- Supreme Court of India
- Petitioner
- BANK OF INDIA
- Respondent
- VIJAY TRANSPORT
- Author
- M.M. DUTT
- Bench
- M.M. DUTT
Judgment text excerpt
The Supreme Court held that the provisions of the Andhra Pradesh (Andhra Area) Agriculturists Relief Act IV of 1938 do not apply to the appellant-Bank, allowing the appeal and ruling that the Bank is entitled to recover the full amount without scaling down the debt. The Court interpreted 'special Indian law' in Section 4(e) of the Act to mean laws enacted by the Indian Legislature, affirming that the Banking Companies Act qualifies as such. The judgment clarified that the Bank's nationalization does not alter its entitlement to recover the debt as per the provisions of the Act.