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 Allowed |
Headnote | Code of Civil Procedure, 1908: Order 41 Rule 4- Reversal of decree-Power of Appellate Court-Appeal against decree filed by one of several defendants-Subsequent appeal filed by C co-defendant dismissed for default-Effect of-Held: Dismissal of subsequent appeal would not operate as res judicata-Hence, appeal filed by the first defendant would not be rendered infructuous on this ground. Order 20 Rule 12-Decree for possession-Plaintiff derived her title to suit property on the basis of sale certificate issued in her favour by Municipal Corporation-In the suit filed before the High Court defendant contended that the sale was a nullity-Single .fudge held that certificate of sale was null and void contravening S. 206 of the Bombay Municipal Corporation Act, 1888- But Division Bench held that auction-sale could not be challenged by way of defence in the suit.filed by the plaintiff for recovery of possession-Correctness of-Held: If the plaintiff's title to suit property was a nullity defendant need not challenge it by way of a subsequent suit-Defendant could always sci up nullity of title as a defence in any proceeding taken against him-If plaintiff could not prove her title the suit must fail notwithstanding that the defendant in possession may or may not have title to suit properly-Hence, Division Bench erred in interfering with the finding of the Single Judge.Section 79-Suits by or against (Government-Held: As a rule an act of State could be questioned by way of a duly constituted suit-However, if another person claimed a title from the so-called act of State, such a person could plead nullity of title as a defence. Limitation Act 1963: Section 3-Bar of limitation-Plea-By defendant-Held: Though period of limitation prescribed in limitation Act precluded a plaintiff from bringing a suit which was barred by limitation, there was no such limitation as far as any defence was concerned.Municipalities: Bombay Municipal Corporation Act, 1888:Section 206(6)-Sale of property-Certificate of auction-sale-Issued in favour of plaintiff-Record showed one J as highest bidder-J did not claim to be an agent of plaintiff-Plaintiff claimed for the first time in the plaint that she paid the entire price of auction-sale-But such averment not substantiated by evidence-Division Bench held that since J was the employee of the plaintiffs husband the sale certificate could be in the plaintiffs name and that it conveyed good title-Correctness of-Held: Certificate of sale issued in the plaintiff's name is not conclusive of the plaintiffs title-There is no provision in the Act or Regulations framed thereunder for conclusiveness of the certificate of sale-Even assuming that such a conclusiveness or presumption was there, it could only arise if it was shown that the certificate was issued in accordance with S. 206 and the Regulations-Reasoning of Division Bench was faulty-Hence, sale certificate issued in violation of S. 206 was illegal and void. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2004 INSC 198 |
Petitioner | Bajaranglal Shivchandrai Ruia |
Respondent | Shashikant N. Ruia And Ors. |
SCR | [2004] 3 S.C.R. 373 |
Judgement Date | 2004-03-23 |
Case Number | 5293 |
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 |