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february 2009

Supreme Court of India · 2009-02-27

CENTRAL BANK OF INDIA vs STATE OF KERALA .

Citation / case number
SC 2003/5055
Court
Supreme Court of India
Petitioner
CENTRAL BANK OF INDIA
Respondent
STATE OF KERALA .
Author
G.S. Singhvi

Judgment text excerpt

The Supreme Court examined the compatibility of 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. It 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. The Court ruled in favor of the bank, asserting that the state cannot claim a first charge on the property after the bank's recovery proceedings were initiated, thereby upholding the principles of central legislation supremacy.

CENTRAL BANK OF INDIA vs STATE OF KERALA . · Niyam