[Case Brief] State Bank of India v/s. Santosh Kumar Gupta & Anr.

The constitution of India ensures that there is uniform rule over the entire Union of India. But in order to ensure that the cultural identities, customs, economic and political interests of the certain regions are protected, these regions are governed with special provisions. One such region is the State of Jammu and Kashmir. In the instant judgement, the Supreme Court has held that the Constitution of India is superior to the Constitution of Jammu and Kashmir.

STATE BANK OF INDIA v. SANTOSH GUPTA & ANR 

Before the Supreme Court of India

Civil Appeal Nos.: 12237-12238 of 2016 [Arising Out Of SLP (C) Nos.30884-30885 of 2015] along with batch of appeals.

Bench: Kurian Joseph & Rohinton Fali Nariman, JJ.

Decided on: 16/12/2016

Relevant Provisions:

1. Section 140, Transfer of Property Act of Jammu And Kashmir,
2. Section 13, 17, 34, 35, SARFAESI Act.
3. Article 370 and 35A Constitution of India.
4. List 1 of Seventh Schedule – Entry 45 and 95.

List 3 of Seventh Schedule – Entry  6 and 11A.

(more…)

Continue Reading
Close Menu