Supreme Court · 2016 INSC 1157 · Decided 16 December 2016
State Bank of India v. Santosh Gupta and ANR. ETC.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1157 · [2016] 9 S.C.R. 985
- Case number
- CIVIL APPEAL No. 12237/2016
- Decided
- 16 December 2016
- Bench
- KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 246, 140, 1, 370, 45, 95, 3, 32(2); Transfer of Property Act Section 140
Headnote
Securitisation and Reconstructi01~ of Financial Assets and Enforcement of Security Interest Act, 2002 - ss. !3(1) & (4), 17A and 18B - Application of the Act - To the State of Jammu and Kashmir - Whether within legislative competence of Parliament as the Act in pith and substance relates to and the same is in direct conflict with s.140 of Transfer of Property Act of Jam mu and Kashmir; and whether ss.17 A and 18B of the Act being the provisions relatable to administration of ;ustice (which is purely a State subject) would also be ultra vires Parliament-:- Held: State of Jammu
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