Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963 - s.23 - Liquidation of damages not a bar to specific performance - Respondent authorised one 'H' to sell the property in question by way of an authorisation letter |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963 - s.23 - Liquidation of damages not a bar to specific performance - Respondent authorised one 'H' to sell the property in question by way of an authorisation letter - Accordingly, agreement to sell entered into between the appellate- buyer and respondent-seller, in terms whereof earnest money was paid by appellant - Refusal by respondent to perform his part of the agreement - Suit.for specific performance filed by appellant, dismissed by Trial court - Appeal filed by appellant was dismissed - Second appeal filed by appellant, dismissed by before High Court holding that s.23 barred the specific performance in the facts of the case - On appeal, held: Mere naming of i:1 certain amount which may sound in damages is not good by itself to non-suit a person seeking specific performance unless it is clear that the said sum was named in lieu of specific performance - In the instant case, refund of earnest money with an equal amount as penalty was only . to secure the performance of the contract and cannot be stated to be a sum in lieu of specific performance of the contract - Mere omission of a statement in the agreement to sell that specific performance ought to be allowed would be of no consequence - Impugned judgement is set aside - Specific performance of the agreement to sell is ordered - Vacant possession of the property in question to be handed over to the appellant as soon cis Rs.JO crore.1ยท is paid by the appellant to the respondent - Specific Relief Act, . 1877 - s.20. . |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1057 |
Petitioner | Kamal Kant Jain |
Respondent | Surinder Singh (d) Thr. Lrs. |
SCR | [2017] 10 S.C.R. 1128 |
Judgement Date | 2017-10-27 |
Case Number | 17321 |
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 |