Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2018 amendment Specific Relief Act 1963 s. 16 Specific Performance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Relief Act, 1963 – s. 16 – 2018 amendment – Specific Performance – Father of appellants executed an agreement of sale with respondent no. 1-plaintiff, whereby he agreed to sell the suit schedule property measuring Ac. 0.90 cents to respondent no. 1 for a sale consideration of Rs. 11,88,000/- out of which respondent no. 1 paid an amount of Rs. 4,00,000/- as advance – Under the said agreement, father of appellants agreed to execute the sale deed in favour of respondent no. 1 after demarcating the land and receiving the balance sale consideration within three months – Father of appellants and after his death, appellants also failed to measure and demarcate the land – Respondent no.1 filed suit against appellants and sought specific performance of contract – Trial Court held that respondent no.1 failed to prove entitlement for specific performance of contract, however, entitled plaintiff to recover advance amount of Rs.4,00,000/- – However, the High Court directed appellants to execute sale deed in favour of respondent no.1 after receiving balance consideration – On appeal, held: Respondent had established that she was always ready and willing to perform her part of contract by paying the balance sale consideration which is the primary requirement as per Section 16 (c) of the Act – Part of evidence with regard to the respondent’s readiness and willingness was not challenged – It can be deduced that unless the vendor (deceased father of the appellants) got the subject land measured and demarcated within three months as per agreement, it would be impossible for the purchaser (respondent) to get a sale deed executed, and as such, the question of paying the balance sale consideration does not arise – It is clear that vendor failed to perform his part of obligation by getting property measured and demarcated – Findings of the High Court upheld. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2023 INSC 385 |
Petitioner | Gaddipati Divija & Anr. |
Respondent | Pathuri Samrajyam & Ors. |
SCR | [2023] 3 S.C.R. 802 |
Judgement Date | 2023-04-18 |
Case Number | 4206 |
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 |