Supreme Court · 2008 INSC 1401 · Decided 5 December 2008

Union of India & ORS. v. Sicom LTD. & ANR.

Court
Supreme Court of India
Citation
2008 INSC 1401 · [2008] 17 S.C.R. 120
Case number
CIVIL APPEAL No. 7128/2008
Decided
5 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 13, 372; Central Excise Act Section 11; Land Revenue Code

Headnote

State Financial Corporation Act, 1951 - s.468 - Secured debts under the Act - Recovery of - Held: Would C have precedence over the central excise dues - Central Excise Act, 1944 - s. 11 - Interpretation of statutes - Non­ obstante clause in a statute - Interpretation of. Constitution of India, of crown debt - Applicability of- Held: Common law which is a law within the meaning of Article 13 of Constitution is saved in terms of Article 372'- However, when Parliament or State Legislature makes an enactment, same would prevail over common lal!J- State Financial Corporation E Act,

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