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december 2016

Supreme Court of India · 2016-12-16

State Bank Of India vs Santosh Gupta And Anr. Etc

Citation / case number
AIR 2017 SUPREME COURT 25
Court
Supreme Court of India
Petitioner
State Bank Of India
Respondent
Santosh Gupta And Anr. Etc
Author
R.F. Nariman
Bench
R.F. Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court held that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) are applicable to the State of Jammu & Kashmir, despite the High Court's ruling that they conflicted with Section 140 of the Transfer of Property Act of Jammu & Kashmir, 1920. The Court emphasized that SARFAESI allows banks to enforce security interests without court intervention, thereby establishing the supremacy of central legislation in this context. The judgment reversed the High Court's decision, affirming the legislative competence of Parliament in enacting SARFAESI.

State Bank Of India vs Santosh Gupta And Anr. Etc · Niyam