Supreme Court · 2016 INSC 76 · Decided 20 January 2016
Vishal N. Kalsaria v. Bank of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 76 · [2016] 1 S.C.R. 419
- Case number
- CRIMINAL APPEAL No. 52/2016
- Decided
- 20 January 2016
- Bench
- V. GOPALA GOWDA, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 246(2); SARFAESI Act Section 35; Rent Control Act; Maharashtra Rent Control Act
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 - s. 35 - Scope of - Whether the SARFAESI Act, by virtue of s. 35 thereof. would override the provisions of the Maharashtra Rent control Act, 1999 - Held: SARFAESI Act cannot mean to extend to each and State legislature - It can extend only to the laws operating in the same field- The SARFAESI Act and the Rent Control Act, both operate in different fields - A tenant cannot be evicted under the provisions of SARFAESI Act as the same would amount to stultifying the statutory rights of the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)