Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 -Order II r. 2,3 - Joinder of causes of action – Order II r. 3 does not compel a plaintiff to join two or more causes of action in a single suit - The failure to join together all claims arising from a cause of action will be visited with consequences proclaimed in Order II r. 2 - CPC permits a plaintiff to join causes of action but it does not compel a plaintiff to do so.Code of Civil Procedure, 1908 - Partition - Law looks with disfavor upon properties being partitioned partially - The principle that there cannot be a partial partition is not an absolute one - It admits of exceptions. Code of Civil Procedure, 1908 – Necessary Party - Non joining of necessary parties is fatal. Possession –Adverse Possession – Ouster – Possession of a co-owner however long it may be hardly by itself will constitute ouster - In the case of co-owner, it is presumed that he possesses the property on behalf of the entire body of co-owners - Even nonparticipation of rent and profits by itself need not amount to ouster – The proof of the ingredients of adverse possession are indispensable even in a plea of ouster - There is the additional requirement in the case of ouster that the elements of adverse possession must be shown to have been made known to the co-owner - This is apparently for the reason that the possession of a co-owner is treated as possession of other co-owners – The very essence of adverse possession and ouster lies in a party setting up a hostile title in himself - The possession of a co-owner is ordinarily on his behalf and also on behalf of the entire body of the co-owners - In the case of an ouster, the co-owner must indeed have the hostile animus - He must assert a title which is not referable to lawful title. Partition – Right to sue for – Ancestral and Self acquired property – The parties do not have any birth right in the self acquired properties and they cannot bring a suit based on such a right – A suit for partition in regard to ancestral property/joint family property would be premised on birth right. Code of Civil Procedure, 1908 – Properties not in the possession of co-sharers/coparceners being omitted cannot result in a suit for the partition of the properties which are in their possession being rejected. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 165 |
Petitioner | B. R. Patil |
Respondent | Tulsa Y. Sawkar & Ors. |
SCR | [2022] 13 S.C.R. 569 |
Judgement Date | 2022-02-09 |
Case Number | 2652 |
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 |