Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MP. Land Revenue Code 1959: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Laws: M.P. Land Revenue Code, 1959: Section 170B-Transfer of/and owned by aboriginal tribal to aboriginal tribal-Applicability of the provision to such transaction-Held, its applicability is wide-it is not confined to transaction by aboriginal tribal to non-aboriginal tribal, but also to transaction to aboriginal tribal. Sections 170B(1), (2) and (3) and sub-section (2-A)-Distinction between-Discussed.Interpretation of statutes: interpretation of previous statute by reference to the statute enacted subsequently-Held, not correct. Statement of Objects and Reasons of Statute-Aid of-Scope-Held, it is permissible for understanding the background, the antecedent state of affairs, surrounding circumstances in relation to the statute and the evil which the statute sought to remedy-But it cannot be utilized/or the purpose of restricting and controlling the plain meaning of the language employed in the statute and p for excluding from its operation such transactions which it plainly covers. The land in question was owned by members of a tribe which had been declared to be an aboriginal tribe under Section 165(6) of M.P. Land Revenue Code, 1959 as contemplated by Section 170B(1) of the Code. The appellant claimed to be a similar aboriginal tribal. The land was sold by the aboriginal tribal bhumiswamis through registered sale deeds to the appellant, during the period attracting applicability of Section 170B(1). The appellant did not furnish the information in the form and in the manner prescribed, within period of two years. Sub-Divisional Officer initiated proceedings under Section 170B(1) of the Code and issued show cause notice. Appellant filed writ petition in High Court on the ground that the appellant and the vendor bhumiswamis, both being aboriginal tribals, the applicability of Section 170B was not attracted and, therefore, the notice issued by the SDO was illegal and without any authority in law. The Writ Petition was dismissed by High Court. Jn appeal to this Court appellant contended that in view of scheme of the Code, specially Sections 165, 168, 170A and 170B thereof, it is clear that Section 170B proposes to embrace within its fold only such transactions which are fraudulent and entered into by aboriginal in favour of non-tribals; the statements of objects and reasons and language of subsection (2A) of Section 170 B makes it clear that legislature had intended to enact the provisions for enquiry into transfers made by members of aboriginal tribe to non-tribals. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 540 |
Petitioner | Bhaiji |
Respondent | Sub Divisional Officer, Thandla And Ors. |
SCR | [2002] Supp. (5) S.C.R. 116 |
Judgement Date | 2002-12-16 |
Case Number | 1263 |
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 |