Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mohammedan Law - Gift |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mohammedan Law - Gift - Validity of - Interpretation and/or application of Islamic Law on Gift vis-a-vis handing over c of possession of the property gifted - Father executing gift deed in favour of son in respect of property - Property had been let out to tenants - Held: In a case of this nature, transfer of constructive possession would sub-serve the requirements of law. Limitation Act, 1963 - Art. 59 - Suit for cancellation of transaction - Not filed within period of three years - Held: The suit was barred by limitation.Interpretation and/or application of the Islamic Law on Gift vis-a-vis handing over of possession of the property gifted was in issue in the present appeal. The father of 'R' executed the gift deed in question in favour of 'R' in respect of property. The property had been JI let out to the tenants. The deed was executed on or about F 21-2-1973. In 1980, Respondent No.1, the elder brother of 'R' filed suit praying for a direction that the said gift deed was illegal, void and inoperative. Two questions arose for consideration before the trial Court, viz. whether the suit filed by respondent no.1 was barred by limitation and whether the donor had handed over the possession of the property in question in favour of 'R'. The trial court dismissed the suit holding that the same was instituted beyond the period of limitation as prescribed by Article 59 of the Schedule appended to the Limitation Act, 1963. It furthermore held that as 'R' had been collecting house rent from the tenants for the suit property in his own capacity and not as an agent of his father and also having regard to the order of mutation in his favour, the deed of gift dated 21.2.1973 was valid in law. Respondent No.1 preferred appeal which was allowed by the High Court inter alia on the ground that there was no material brought on record to show that the donor divested himself of the title of the said property and 'R' was in possession thereof. In appeal to this Court, it was submitted by the appellants that the High Court committed a manifest error in passing the impugned judgment insofar as it failed to take into consideration that the premises having been let out to the tenants, handing over constructive possession thereof to 'R' sub-served the requirements of law . |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 331 |
Petitioner | Abdul Rahim & Ors. |
Respondent | Sk. Abdul Zabar & Ors. |
SCR | [2009] 4 S.C.R. 32 |
Judgement Date | 2009-03-06 |
Case Number | 1573 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |