Section 34: Act to have overriding effect

Recovery of Debts and Bankruptcy Act, 1993 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1993

Legal Commentary & Landmark Judgments: Section 34

Section 34 establishes the statutory overriding supremacy of the RDDBFI Act over any inconsistent provisions in other laws.

  • Core Legal Standard: Section 34(1) provides that save as provided in sub-section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law.
  • Inquiry & Trial Mechanism: Sub-section (2) preserves the application of certain specific statutes, including the Foreign Exchange Management Act, Industrial Finance Corporation Act, and State Financial Corporations Act.
Key Landmark Precedents:
  • Allahabad Bank v. Canara Bank (2000) 4 SCC 406: The Supreme Court held that Section 34(1) gives the RDDBFI Act complete priority over the Companies Act, 1956, establishing that DRT proceedings cannot be stayed by the Company Court.
  • Solidaire India Ltd. v. Fairgrowth Financial Services Ltd. (2001) 3 SCC 71: Reaffirmed the non-obstante supremacy of the Act in conflicts with earlier general enactments, ensuring specialized banking recovery prevails.
Legal Commentary:

Section 34 protects the DRT from jurisdictional interference by ordinary civil or company legislation, ensuring that the legislative intent of expeditious banking recovery is never thwarted.