Supreme Court of India · 2016-11-25
Uco Bank & Anr vs Dipak Debbarma & Ors
- Citation / case number
- AIR 2016 SUPREME COURT 5502
- Court
- Supreme Court of India
- Petitioner
- Uco Bank & Anr
- Respondent
- Dipak Debbarma & Ors
- Author
- Ranjan Gogoi
- Bench
- Abhay Manohar Sapre, Ranjan Gogoi
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 (Act of 2002) prevail over Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 (Tripura Act of 1960), which restricts the sale of mortgaged properties to members of Scheduled Tribes. The Court clarified that inclusion of the Tripura Act in the Ninth Schedule does not confer immunity from Parliamentary statutes. The High Court's decision to invalidate the sale notification was overturned, affirming the validity of the auction to non-tribal purchasers under the Act of 2002.