[Case Brief] Indian Bank v/s Maharashtra State Cooperative Marketing Federation Ltd., 1998

CaseINDIAN BANK Vs. MAHARASHTRA STATE CO-OPERATIVE MARKETING FEDERATION LTD.,
CourtBefore the Supreme Court of India
BenchJustice S.C. Agrawal and Justice G.T. Nanavati
Author of the judgementJustice G.T. Nanavati
Decided On5 May, 1998
Advocates for the appellantSameer Parekh, Ms. Bina Madhavan, P.H. Parekh
Advocates for the respondentD.M. Nargolkar
Author of the briefAditi Mozika
KeywordsRes Sub Judice, Civil Procedure

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Ambika Savaria and Ors. v. Sanjay Sharma and Ors.(2016)

Case NameAmbika Savaria and Ors. v. Sanjay Sharma and Ors.,
CourtBefore Supreme Court of India
BenchJ. Uday Umesh Lalit
Counsel for PetitionerMr. Kamal Mohan Gupta
Counsel for respondentMr. Ujjal Banerjee
Decided OnAugust 09, 2016
AbstractIn the present case, the matter was concerned with regards to eviction of a person from a premises on grounds of invalid ownership. The Supreme Court in the present case held that the question of ownership of the landlord is not open to tenant.
Author of briefAbhay Tyagi, Student at Gujarat National Law University.
KeywordsTenancy, Ownership, Madhya Pradesh Accomodation Control Act.

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UCO Bank & Anr. V. Dipak Debbarma & Ors.

This judgement delivered on November 25, 2016, deals with the dominance of Union Legislation over the State Legislation in accordance with the two preconditions being satisfied. The ratio laid down by comparing Article 246 and Article 31B of the Indian Constitution suggests that if the state legislation encroaches the parliamentary legislation then it can be nullified.

UCO Bank & Anr. V. Dipak Debbarma & Ors.

Civil Appeal No. 11250 of 2016

Before the Supreme Court of India

Coram: Ranjan Gogoi and Abhay Manohar Sapre, JJ.

Delivered on: November 25, 2016.

Facts: The UCO bank by the sale notification dated 26.06.2012 under SARFESI Act, 2002, sold the land by auction to the purchaser who is not the member of Schedule Tribe. By the virtue of section 187 of Tripura Land Revenue and Land Reform Act, 1960, it is mandatory for the bank to sell such property to schedule tribe only.

Procedural History: A writ petition was instituted in the Agartala Bench of the Gauhati high Court who are the respondent in the present appeal. The High Court agreed with the act of 1960 because it is included in the 9th schedule of the constitution and therefore enjoys protection under section 31B of the Constitution and hence prevails over the act of 2002.

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