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march 2001

Supreme Court of India · 2001-03-15

State Of Madhya Pradesh And Anr. vs State Bank Of Indore And Ors.

Citation / case number
AIRONLINE 2001 SC 910
Court
Supreme Court of India
Petitioner
State Of Madhya Pradesh And Anr.
Respondent
State Bank Of Indore And Ors.
Bench
S.P. Bharucha, N. Santosh Hegde

Judgment text excerpt

The Supreme Court held that Section 33C of the M. P. General Sales Tax Act, 1958 establishes a statutory first charge on the property of a dealer for sales tax dues, which prevails over any existing charges, including those held by banks. The Court found that the High Court erred in dismissing the appeal on technical grounds, as the statutory provision grants precedence to the State's claim for tax dues over the bank's charge. Consequently, the Supreme Court allowed the civil appeal and set aside the High Court's judgment.

State Of Madhya Pradesh And Anr. vs State Bank Of Indore And Ors. · Niyam