Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deeds and Documents – Unregistered agreement to sell |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deeds and Documents – Unregistered agreement to sell – Suit filed for permanent injunction instead of specific performance of the agreement to sell – Clever drafting – Respondent filed suit for permanent injunction on the basis of unregistered agreement to sell – In counter-claim, appellant sought decree of possession – Suit dismissed by Trial Court, appellant’s counter-claim allowed – Suit decreed by First Appellate Court, counter-claim dismissed – Confirmed by High Court – On appeal, held: Agreement to sell was an unregistered document – Such an unregistered document is not admissible in evidence – Plaintiff was conscious of the fact that she might not succeed in getting the relief of specific performance of such agreement to sell thus, filed a suit simplicitor for permanent injunction only – In a given case, unregistered document can be used and/or considered for collateral purpose however, the plaintiff cannot get the relief indirectly which otherwise he/she cannot get in a suit for substantive relief, i.e., in the present case the relief for specific performance – Further, in the present case the Plaintiff cannot get the relief even for permanent injunction on the basis of the unregistered document, more particularly when the defendant specifically filed the counter-claim for getting back the possession which was allowed by the trial Court – Plaintiff cleverly prayed for permanent injunction only and did not seek the substantive relief of specific performance of the agreement to sell – Plaintiff cannot get the relief by clever drafting – Impugned order set aside – Suit dismissed – Decree passed by trial court dismissing the suit and allowing the counter-claim is restored – Suit – Practice and Procedure. Practice and Procedure – Clever drafting – Suit filed for permanent injunction on the basis of unregistered agreement to sell – Held: Plaintiff cleverly prayed for relief of permanent injunction only and did not seek for the substantive relief of specific performance of the agreement to sell as it was an unregistered document and on such unregistered document, no decree for specific performance could have been passed – Plaintiff cannot get the relief by clever drafting – Deeds and Documents. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1011 |
Petitioner | Balram Singh |
Respondent | Kelo Devi |
SCR | [2022] 7 S.C.R. 226 |
Judgement Date | 2022-09-23 |
Case Number | 6733 |
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 |