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 |
Act(s) Referred | 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: 0. 1, r.10, 0.22, r.10 - Suit for specific performance of contract - During pendency of the suit defendant transferring the property - Application by appellant-transferee for impleadment as defendant - HELD: Appellant entered into a clandestine transaction with the defendants and got the property transferred in its favour - Therefore, the appellant cannot be held to be a bonafide purchaser, without notice - It is true that the application which the appellant made was only under O. I r.10 CPC but the enabling provision of 0.22, r. 10 CPC could always be invoked if the fact situation so E demanded - In the facts and circumstances of the case and also for the ends of justice, the appellant is to be added as party-defendant in the suit -Specific Relief Act, 1963- s. 19 - Transfer of Property Act, 1882 - s.52 - Doctrine of lis pendens.The plaintiff-respondent no. 1 filed a suit on 1.11.1991 against the defendants-respondents for specific performance of the agreement dated 29.5.1986, whereunder the defendants had agreed to sell the suit property to the plaintiff-respondent no. 1. Appearance was put on behalf of the defendants and on the basis of the statement made on their behalf court on 4.11.1991 passed an interim order not to alienate the suit property. However, between 31.1.2001 and 3.4.2001 five sale deeds were executed by the defendants in favour of the appellant. On the basis of these sale deeds the appellant A moved an application under 0.1, r.10. CPC, for impleadment as defendant in the suit for specific performance filed by the plaintiff-respondent no. 1. The Single Judge of the High Court rejected the application. The FAO filed by the appellant was also dismissed by the Division Bench of the High Court. In the instant appeal, the question for consideration before the Court was: "whether the appellant who is the transferee pendente lite having notice and knowledge about the pendency of the suit for specific performance and order of injunction can be impleaded as party under Order 1 Rule 10 on the basis of sale deeds executed in its favour by the defendants". |
Judge | Hon'ble Mr. Justice M.Y. Eqbal Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 118 |
Petitioner | Thomson Press (india) Ltd. |
Respondent | Nanak Builders & Investors P. Ltd. & Ors. |
SCR | [2013] 2 S.C.R. 74 |
Judgement Date | 2013-02-21 |
Case Number | 1518 |
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 |