Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Debt Recovery |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Debt Recovery: Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - s.34 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.35 - Bombay Sales Tax Act, 1959 - s.38C- Kerala General Sales Tax Act, 1963- s.26B First charge- Held: Tax payable under State legislations .. would be first charge on the property of the dealer- ORT Act and Securitisation Act do not create first charge in favour of banks, financial institutions and other secured creditors - Provisions contained in s.38C of the Bombay Sales Tax Act and s.26B of Kerala General Sales Tax Act are not inconsistent with the provisions of the ORT Act and Securitisation Act so as to attract non- obstante clauses contained in s.34(1) of ORT Act or s.35 of Securitisation Act - Transfer of Property Act, 1882 - ss.69, 69A - Companies Act, 1956 - s.529A - Employees Provident Funds and ~ Miscellaneous Provisions Act, 1952- s.11(2)- Interpretation F ' of statutes - Non-obstante clause. Invoking of Article 254 of the Constitution - Held: ORT Act and Securitisation Act were enacted by Parliament under Entry 45 in List I in the Seventh Schedule whereas Bombay Sales Tax Act and Kerala General Sales Tax Act were enacted by concerned State legislatures under Entry 54 in List II in the Seventh Schedule - The two sets of legislations were enacted with reference to entries in different lists in the Seventh Schedule - Therefore, Article 254 can not be invoked for striking down State legislations on the ground that l the same were in conflict with the Central legislations Constitution of India, 1950 - Arlicle 254. DRT Act and Securitisation Act - Enactment of Legislative intent - Discussed. Interpretation of statutes:Non-obstante clause - Held: Is incorporated in statute to give overriding effect to a particular section or the statute as a whole - While interpreting Non-obstante clause, Court is required to find out the extent to which legislature intended to do so and the context in which the non-obstante clause is used. Contextual interpretation - Rule of - Held: Requires that Court should examine every word of a statute in its context In doing so, Court has to keep in view preamble of the statute, other provisions thereof, pari material statutes. The questions which arose for consideration in these appeals were whether Section 38C of the Bombay Sales Tax Act, 1959 and Section 26B of the Kerala General Sales Tax Act, 1963 and similar provision contained in other State legislations by which first charge has been created on the property of the dealer or such other person, who is liable to pay sales tax etc., are inconsistent with the provisions contained in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for recovery of 'debt' and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for enforcement of 'security interest' and whether by virtue of non obstante clauses contained in Section 34(1) of the ORT Act and Section 35 of the Securitisation Act, two Central legislations would have primacy over State legislations. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2009 INSC 286 |
Petitioner | Central Bank Of India |
Respondent | State Of Kerala And Ors. |
SCR | [2009] 3 S.C.R. 735 |
Judgement Date | 2009-02-27 |
Case Number | 95 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |