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november 1987

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.

BANK OF INDIA vs VIJAY TRANSPORT · Niyam