Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 - s.13 - Tripura Land Revenue and Land Rejorms Act 1960 - s.187 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.13 - Tripura Land Revenue and Land Rejorms Act, 1960 - s.187 - The Act of 2002 provides for sale of immovable properties offered as security for a loan advanced, without any restriction as to the class or category of buyers, is in infraction of s.187 of the Tripura Act of 1960, where there is embargo on sale of mortgaged properties by the bank to any person who is not a member of a Scheduled Tribe - Propriety of - Held: The Act of 2002 enacted by the Union Parliament is referable to Entry 45 of List I, whereas the Tripura Act can be traced to Entries 18 and 45 of the State List - In event the incidental encroachment conflicts with legislation actually enacted by the dominant power, the dominant legislation will prevail - In instant case, the conflict is between the Central and the State Act - The dominant legislation being the Parliamentary legislation i.e. the Act of2002, the provisions of the TripuraAct of 1960, pro tanto, (s.187) would be invalid 'to the extent it is inconsistent with the Act of 2002 - Conflict of Laws - Constitution of India -Arts: 31-B, 246, 254; and Seventh Schedule - List I, Entry 45 and List JI, Entries 18 and 45. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 1064 |
Petitioner | Uco Bank And Anr. |
Respondent | Dipak Debbarma & Ors. |
SCR | [2016] 11 S.C.R. 723 |
Judgement Date | 2016-11-25 |
Case Number | 11247 |
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