Supreme Court of India
Vishal N. Kalsaria v. Bank of India & Ors.
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.
8 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the foregoing, the impugned judgments and orders passed by the High Court/ Chief Metropolitan Magistrate are set aside and the appeals are allowed.
Judgment, page 27
From the 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 every law enacted by the Central 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 - tenant cannot be evicted under the provisions of SARFAESI Act as the same would amount to stultifying
Authorities it was built on
- 1994 S.R. Bommai v. Union of India and Ors.
- 2006 M/s Transcore v. Union of India and Anr.
- 1970 H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors. v. Union of India
- 2009 Central Bank of India v. State of Kerala and Ors.
- 2004 Bhanu Kumar Jain v. Archana Kumar and Anr.
- 1980 The Ishwari Khetan Sugar Mills (p.) Ltd. & Another Etc v. The State of Uttar Pradesh & Ors. Etc.
- 1996 Union of India and Ors. v. Dhanwanti Devi and Ors.
- 2014 Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.
- 1992 Commissioner of Income-tax v. Sun Engineering Works (p) Ltd.
- 1980 Santosh Mehta v. Om Prakash and Anr.
- 2000 Anthony v. Kc Ittoop and Sons and Ors.
Where later benches applied it
- 2025 Pnb Housing Finance Limited v. Sh. Manoj Saha & Anr
- 2019 The Authorised Officer, Indian Bank v. D. Visalakshi and Anr.
- 2019 Bajarang Shyamsunder Agarwal v. Central Bank of India & Anr.
- 2017 Domnic Alex Fernandes (d) through Lrs. & Ors. v. Union of India and Ors.
- 2016 Uco Bank and Anr. v. Dipak Debbarma & Ors.
- 2023 Celir Llp v. Bafna Motors (mumbai) Pvt. Ltd. & Ors.
- 2018 Jayant Verma & Ors. v. Union of India & Ors.
- 2022 Balkrishna Rama Tarle Dead Thr Lrs & Anr v. Phoenix Arc Private Limited & Ors
Of those, 5 referred to · 2 mentioned · 1 not applicable
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