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november 2016

Supreme Court of India · 2016-11-25

UCO BANK vs DIPAK DEBBARMA .

Citation / case number
SC 2012/39641
Court
Supreme Court of India
Petitioner
UCO BANK
Respondent
DIPAK DEBBARMA .
Author
RANJAN GOGOI
Bench
ABHAY MANOHAR SAPRE RANJAN GOGOI

Judgment text excerpt

The Supreme Court held that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Act of 2002) prevails over Section 187 of the Tripura Land Revenue and Land Reforms Act, 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 being overridden by a Parliamentary statute. Consequently, the High Court's decision to invalidate the sale notification was overturned, affirming the legality of the auction process under the Act of 2002.

UCO BANK vs DIPAK DEBBARMA . · Niyam