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november 2016

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.

Uco Bank & Anr vs Dipak Debbarma & Ors · Niyam