Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 32 and 85 Rights of the tillers Bombay Tenancy and Agricultural Lands Act 1948 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Tenancy and Agricultural Lands Act, 1948: ss. 32 and 85 – Rights of the tillers – Dispute between the legal heirs of two deceased brothers, N and L – N and his two uncles took land on lease for cultivation by execution of Kabuliyatnama, in 1944 – L was an attesting witness to the Kabuliyatnama, and prior to execution he had obtained a Government job as a peon – Thereafter, Act of 1948 was passed and in terms thereof, from 1.4.1957, tenants who were tilling the land were deemed to have purchased the land from the owners – Execution of agreement to sell by landowners and 1/3rd share of this land was agreed to be sold to L and N – Registration of agreement to sell but it never culminated in a sale deed – In terms thereof, case of the legal heirs of L that they derived rights in pursuant to the said document, and payments were made by N out of the joint family funds – Initiation of proceedings u/s. 32G by the Deputy Collector, wherein certificate was issued in favour of N and his uncles, and on mutation, N was recognized as individual owner – Challenge to, by legal heirs of L, however, the claim was rejected – Thereafter, the legal heirs of N tried to transact the land, whereas legal heirs of L again claimed rights in the property – Dismissal of the suit as also first appeal – On appeal, held: Once a certification has been issued u/s. 32M, there was no need to refer the matter to the Mamlatdar merely because the plaint alleges that it was a joint family property – There are concurrent findings of the trial court and the first appellate court, the latter being the final court as a court of fact – Findings arrived at are the correct findings – There is no uncertainty on the issue before the trial court as the certificate u/s. 32M is final and exists – Provision of s. 85 itself states that such a certificate, once issued, is final and can only be assailed in appeal – Thus, there was no occasion for the trial court to remit the issue to the Mamlatdar. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2019 INSC 962 |
Petitioner | Chandrakant Baban Motkari & Ors. |
Respondent | Gotiram Laxman Motkari (d) By Lrs. & Ors. |
SCR | [2019] 11 S.C.R. 780 |
Judgement Date | 2019-08-27 |
Case Number | 2390 |
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 |