Supreme Court of India

Central Bank of India v. State of Kerala and Ors.

Neutral citation

Reported as [2009] 3 S.C.R. 735

Bench B.N. Agrawal, G.S. Singhvi and Aftab Alam JJ.

Decided 27 February 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

21 Supreme Court benches have cited this judgment.

From the headnote

Debt Recovery: Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - s.34 - Securitisation and Reconstruction of Financial Assets and Enforcement of c Security Interest Act, 2002 - s.35 - Bombay Sales Tax Act, 1959 - s.38C- Kera/a General Sales Tax Act, 1963- s.26B First charge- Held: Tax payable under State legislations .. would be first charge on the property of the dealer- ORT Act and Securitisation Act do not create first charge in favour of banks, financial institutions and other secured creditors - Provisions contained in s.38C of the Bombay Sales Tax Act and s.26B of

Authorities it was built on

1954 Zaverbhai Amaidas v. The State of Bombay cited by 34
2006 M/s Transcore v. Union of India and Anr. cited by 30
1991 Byram Pestonfl Gariwala v. Union Bank of India and Ors. cited by 24
2000 Dena Bank v. Bhikhabhai Prabhudas Parekh and Co. and Ors. cited by 17
1962 State of West Bengal v. Union of India cited by 10
1954 The Dominion of India and Another v. Shrinbai A. Irani and Another cited by 9
2007 Central Bank of India v. Siriguppa Sugars & Chemicals Ltd. & Ors. cited by 6
1955 M.k.ranganathan and Another v. Government of Madras and Others. cited by 5
1964 Builders Supply Corporation v. The Union of India Represented by the Commissioner of Income-tax, West Bengal and Others cited by 3

Where later benches applied it

2023 Punjab & Sind Bank v. The State of Punjab & Anr. relied on
2023 State of Himachal Pradesh and Others v. M/s A.J. Infrastructures Pvt. Ltd and Anr. relied on
2020 Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited relied on
2019 The Maharashtra State Co-operative Bank Ltd.v. Babulal Lade & Ors. v. Babulal Lade & Ors. relied on
2016 State Bank of India v. Santosh Gupta and Anr. Etc. relied on
2016 Vishal N. Kalsaria v. Bank of India & Ors. relied on
2015 Prasad Shrikant Purohit v. State of Maharashtra & Anr relied on
2011 Employees Provident Fund Commissioner v. O.L. of Esskay Pharmaceuticals Limited relied on
2011 Offshore Holdings Pvt. Ltd. v. Bangalore Development Authority & Ors. relied on
2026 Indian Railways v. West Bengal State Electricity Distribution Company Limited referred to
2025 Assistant Commissioner of Income Tax (international Taxation) & Others v. Shelf Drilling Ron Tappmeyer Ltd. Etc. referred to
2023 Vivek Narayan Sharma v. Union of India referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr. referred to
2016 Uco Bank and Anr. v. Dipak Debbarma & Ors. referred to
2013 Jagdish Singh v. Heeralal and Others referred to
2013 Bank of Maharashtra v. Pandurang Keshav Gorwardkar & Ors referred to
2012 Tara Chand & Ors. v. Gram Panchayat Jhupa Khurd & Ors. referred to
2012 Jik Industries Limited & Ors. v. Amarlal V. Jumani and Another referred to
2010 Snehadeep Structures Private Limited v. Maharashtra Small Scale Industries Development Corporation Ltd. referred to
2014 Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd. mentioned

Of those, 9 relied on · 11 referred to · 1 mentioned

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