Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Co-operative Societies Act 1959 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Co-operative Societies Act, 1959 — ss. 89 and 108 — Loan taken by appellants-farmers from Co- Operative Bank — By mortgaging their agricultural property as security — Failure to repay the loan — Arbitration proceedings — Ex-parte award in favour of Bank directing recovery of loan by selling of the mortgaged property — Auction sale of the property on 27.5.1981 — In the meantime, Government notification notifying to waive off the interest amount on the loan taken by the borrowers, if they paid the principal amount by 30.6.1983 — Appellants paid the loan amount — Confirmation of the sale on 10.12.1985— Appellants challenged the confirmation of sale and the same was dismissed — Review petition u/r.38(5)(a) of Co-operative Societies Rules chalienging the confirmation dismissed as not maintainable — Revision petition u/s.108 before Deputy Registrar, Co-operative Societies dismissed as not maintainable — Subsequent revision petition u/s. 108 before the Minister of Co-operation allowed setting aside confirmation of sale — Writ petition by auction purchaser as well as the State challenging the order of Minister — Single Judge of High Court quashed the order of the Minister— Writ appeals dismissed by Division Bench of High Court on the ground that the Revision before the Minister was barred by time — On appeal, held: When justice is at stake, courts should not adopt a technical or pedantic approach — s.108 confers power on the State Government to pass any order in case of any miscarriage of justice in the present case as the confirmation of sale was grossly illegal and in contravention of the government notification — The action of the sale officer has resulted in deprivation of the right to livelihood of the appellants guaranteed u/Art.21 of the Constitution — Hence, the present case fails squarely within the ambit of s.108 — Moreover, the appellants also cannot be held responsible for the delay as constant litigation has been carried on by them — s.108 confers power of revision on the State. Government suo moto at time — The Act being a special legislation, by virtue of s.29(2) of Limitation Act, power to condone the delay is available with the State Government — The exercise of power u/s.108 by the Minister must be taken as suo moto exercise of power — The approach of the High Court was thus, highly pedantic and technical — In the facts of the case auction-purchaser cannot be said to be a bona fide purchaser and hence his rights as auction purchaser cannot be protected ~ Limitation Act, 1963 - s.29(2). |
Judge | Honble Mr. Justice T.S. Thakur Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 782 |
Petitioner | B. S. Sheshagiri Setty & Ors. |
Respondent | State Of Karnataka& Ors. |
SCR | [2015] 13 S.C.R. 1099 |
Judgement Date | 2015-10-15 |
Case Number | 8663-8664 |
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 |