Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 - Inheritance Urban Land (Ceiling and Regulations) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Land (Ceiling and Regulations) Act, 1976 - Inheritance - Karla of joint family died intestate in 1947, leaving behind his widow, two sons and two daughters - Plea of respondents that after C death of Karla, his widow acquired suit property and after death of the widow, the two daughters acquired share through her - Held: Respondent-plaintiff was unable to show that this was the position · in Hindu Law in 1947 - On contrary, upon .the death of the Karla of a joint family, his share will devolve only upon the remaining· coparceners which in the instant case were two sons - Therefore, neither daughter had any share. in the land in question - Hindu Law. Urban Land (Ceiling and Regulations) Act, 1976 - ss. 6(1), 8(4) and 33 - Belated appeal before Tribunal after a lapse of eight years - Maintainability of - Karla of joint family died intestate, leaving behind his widow, two sons and two daughters - When the Act came into force, only one surviving son made declaration as the owner of entire land - Competent Authority and Deputy Collector passed an order on 16 December, 1983 declaring some of the land · as surplus land - Surviving son filed appeal - However, Tribunal dismissed it on 19 January, 1988 - In 1991, Respondents-plaintiffs (one surviving daughter and legal representatives of other daughter) preferred another appeal after eight years - Propriety of - Held: Delay was totally inexplicable - That apart, order dated. 16 December, 1983 had merged with the order passed by the Tribunal on 19 January, 1988 - That being the position, Tribunal could not G have re-opened the proceedings which had already terminated before it - Thus, Tribunal was in error in entertaining the appeal filed by the plaintiffs after (1 gap of about eight years - Delay Laches. Urban Land (Ceiling and Regulations) Act, 1976 ~ s.6 - Karla of joint family died intestate, leaving behind his widow: two sons and two daughters - When the Act came into force, only one surviving son made declaration as the owner of entire land - Daughters of Karla did not make any claim in respect of the land in question neither filed any declaration u/s.6(1) - However, thereafter, respondents-plaintiffs(one surviving daughter and legal representatives of other daughter) sought to claim a right in property - Held: Respondents-plaintiffs did not claim a right in property when they ought to have - By filing an appeal before Tribunal in 1991, the respondents sought to make a claim. by a side-wind, the suit property without even by filing a declaration u/s.6(1) of the Act - They cannot be permitted to indirectly make a claim which they failed to make directly. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 46 |
Petitioner | State Of Gujarat |
Respondent | Maliben Nathubhai (d) Through Lrs. |
SCR | [2017] 2 S.C.R. 779 |
Judgement Date | 2017-02-01 |
Case Number | 4164 |
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 |