Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956– Amendment in law governing the parties – Partition suit – s.6 Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession (amendment) Act, 2005 (39 of 2005) Hindu Succession Act, 1956 (30 of 1956) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Succession Act, 1956– Amendment in law governing the parties – Partition suit – s. 6, 1956 Act was amended by 2005 Amendment, before the conclusion of the final decree proceedings – Effect of – Held: Partition suit is required to be decided in stages and the same can be regarded as fully and completely decided only when the final decree is passed – Thus, as the law governing the parties was amended before the conclusion of the final decree proceedings, the party benefitted by such amendment (like the two daughters in the present case) can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same – Plaintiff entitled to 1/3rd share in all the properties of her late father scheduled in the plaint – Preliminary decree drawn by the Trial Court as affirmed by the High Court modified to the said extent – Hindu Succession (Amendment) Act, 2005. Hindu Succession Act, 1956 – s. 6 as amended by 2005 Amendment – Interpretation of, in Vineeta Sharma case – Position of law pre and post the amendment – Discussed – Hindu Succession (Amendment) Act, 2005. Code of Civil procedure, 1908 – O. XXIII, r.3; Or. XLI, r. 22, o. XLIII, r. 1-A (2) – Cross Appeal – Maintainability of – Held: Right of appeal is the creature of statute – The right to prefer cross-objection partakes of the right to prefer an appeal – A cross-appeal is the exercise of substantive right of appeal and only the procedure varies – Cross-appeal objector is entitled u/o. XLI, r. 22 r/w O. XLIII, r. 1-A (2) to make good the submission that she was entitled in law to question the legality and validity of the settlement agreement recorded u/O. XXIII, r. 3 by way of a cross-appeal – Thus, in the present case, the cross-appeal filed by the Original Defendant No.2, questioning the legality and validity of the settlement was maintainable in law. Code of Civil Procedure, 1908 – Or. XXIII, r. 3 – Settlement Agreement without written consent of all the parties – Validity of – Held: Under Or. XXIII, r. 3, when a claim in suit has been adjusted wholly or in part by any lawful agreement or compromise, the compromise must be in writing and signed by the parties and there must be a completed agreement between them – In the present case, the plaintiff did not put her signature on the deed of settlement, which was produced before the High Court in first appeal – Thus, it was unlawful, being without written consent of all the parties – In a suit for partition of joint property, a decree by consent amongst only some of the parties cannot be maintained – Hence, settlement between the Defendant no.1 and 2 was not in accordance with law. Practice and Procedure – Compromise petition signed by advocate without express consent – Duty of Court – Discussed. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2023 INSC 319 |
Petitioner | Prasanta Kumar Sahoo & Ors. |
Respondent | Charulata Sahu & Ors. |
SCR | [2023] 5 S.C.R. 20 |
Judgement Date | 2023-03-23 |
Case Number | 2913- 2915 |
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 |