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

february 2009

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.

Central Bank Of India vs State Of Kerala & Ors · Niyam