Supreme Court of India
Central Bank of India & Anr. v. Smt. Prabha Jain & Ors.
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1 Supreme Court bench has cited this judgment.
From the headnote
Issue for Consideration Whether the jurisdiction of civil court to try a suit is completely barred by s.34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Headnotes† Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002-SARFAESI Act – ss.34, 17, 13(4) – Jurisdiction of the civil court to try a suit – Plaintiff-wife inherited 1/3rd share of the suit land on the death of her husband, however husband’s elder brother without any partition amongst the heirs divided the land and sold them
Authorities it was built on
- 2004 Mardia Chemicals Ltd. Etc. Etc. v. Union of India and Ors. Etc. Etc.
- 2006 M/s Transcore v. Union of India and Anr.
- 2010 United Bank of India v. Satyawati Tondon and Others
- 2003 Liverpool and London S.P. and I Asson. Ltd. v. M.V. Sea Success I and Anr.
- 2003 Sahebgouda (dead) by Lrs. and Ors. v. Ogeppa and Ors.
- 2014 Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.
- 2017 Sejal Glass Ltd. v. Navilan Merchants Pvt. Ltd.
- 2019 Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr.
- 2003 Dwarka Prasad Agarwal (dead) by Lrs. and Anr. v. Ramesh Chandra Agarwal and Ors.
- 2006 M.P. Wakf Board v. Subhan Shah (d) by Lrs. and Ors.
- 1985 Bank of Baroda v. Moti Bhai and Ors.
- 2013 Jagdish Singh v. Heeralal and Others
- 2022 Bank of Rajasthan Ltd. v. Vck Shares & Stock Broking Services Ltd.
- 2016 State Bank of Patiala v. Mukesh Jain & Anr.
- 2016 Robust Hotels Pvt. Ltd. & Ors. v. Eih Limited & Ors.
- 2018 The Authorised Officer, State Bank of India v. M/s Allwyn Alloys Pvt. Ltd. and Ors.
- 2021 Electrosteel Castings Limited v. Uv Asset Reconstruction Company Limited & Ors.
Where later benches applied it
Of those, 1 relied on
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