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

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