Supreme Court of India · 2009-02-27
Central Bank Of India vs State Of Kerala & Ors
- Court
- Supreme Court of India
- Petitioner
- Central Bank Of India
- Respondent
- State Of Kerala & Ors
- Author
- G.S. Singhvi
- Bench
- Aftab Alam, G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court addressed the conflict between Section 38C of the Bombay Sales Tax Act, 1959 and Section 26B of the Kerala General Sales Tax Act, 1963 with the DRT Act and the Securitisation Act. The Court held that the non obstante clauses in the DRT Act and the Securitisation Act grant them primacy over state laws regarding the recovery of debts and enforcement of security interests. Consequently, the Court ruled in favor of the Central Bank of India, affirming that the DRT Act supersedes the provisions of the Kerala Act concerning first charge on property.