Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908:Or. 41, rr. 27(1)(aa) and (b) - Application for adducing additional evidence at appellate stage - No notice issued to opposite party - Application taken up by High Court at the time of hearing of the appeal - High Court holding that the "application should be allowed, the same being a requirement of court and/or was otherwise for substantial cause" - HELD: High Court failed to apply provisions of Or. 41, r.27 in its correct perspective - It proceeded on the basis as if clause (b) of r.27(1) was applicable - Condition precedent for application of clause (aa) of sub-rule (1) of r.27 is different from that of clause (b) - Judgment of High Court set aside - Application would be disposed of in accordance with law after parties exchange affidavits as directed in the judgment.The respondent firm filed a suit against the appellant for recovery of certain amount. The case of the plaintiff-respondent was that the parties entered into a partnership. The said partnership was reconstituted, and thereupon the defendant appellant handed over certain works to the respondent firm for execution. Though the appellant had retired as a partner from the said firm, he requested the respondent firm to continue the work allotted in his name. The work was executed by the respondent firm and the appellant issued a cheque in favour of the respondent firm, but the same was dishonoured. The plea of the defendant-appellant was that he had already retired from the firm; all the accounts between the parties had been comprehensively settled and the cheque was obtained by fraud and forgery. The trial court without framing a specific issue whether the cheque was an outcome of fraud and forgery, dismissed the suit. In the appeal the plaintiff-respondent firm filed an application under Order 41 Rule 27 for adducing additional evidence. The appellate court issued no notice to the said application which came to be considered along with the hearing of the appeal itself. The appellate court, ultimately held by the impugned judgment that the application for adducing additional evidence filed by the plaintiff should be allowed, the same being a requirement of the Court and/or was otherwise for substantial cause.In the instant appeal filed by the defendant it was contended that the application of the plaintiff-respondent was based on clause (aa) of Rule 27(1) of Order 41 and the High Court committed an error in relying upon clause (b) of Rule 27(1); and that the High Court, prior to passing of the order, did not give any opportunity to the appellant to file an objection with regard to maintainability of the said application. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 981 |
Petitioner | K.r. Mohan Reddy |
Respondent | M/s Net Work Inc. Rep. Tr. M.d. |
SCR | [2007] 10 S.C.R. 872 |
Judgement Date | 2007-09-26 |
Case Number | 4588 |
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 |