Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Orders 21 1908 Code of Civil Procedure 38 39 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908; Orders 21, 38, 39 and 40; Sections 94 and 151: Suit for partition-Decreed by Munsiff Court in favour of one of the defendants granting recovery of certain items-Challenged by another defendant by filing a suit against decree holder-Issuance of temporary injunction by the Court-Suit dismissed for default-Restoration of suit-Suit finally dismissed on merit-Appeal dismissed by the first Appellate Court and Second appeal dismissed by High Court-Execution Petition-Expiry of limitation period-Executing Court held since the decree holder was precluded from executing the decree in time by filing a suit, time elapsed in the proceeding of the Court could be excluded while computing limitation period for the purpose of execution of the decree-Affirmed by the High Court.Held Per majority:Depending upon the circumstances of the case, different set of-rules have been applied to grant interim relief-The rules of temporary injunction under Order 39 cannot be equated with the rules of attachment before judgment under Order 38-Facts and circumstances of the case fall under Order 39 and not under Order 38-Hence, the decree holder was entitled to F exclude the time elapsed in disposing of the suit for computing the period of limitation for the purpose of execution of the decree. Held, Per minority: An Order of temporary injunction could be merged with a decree of permanent injunction and it would be effective even when a decree is passed-However, it does not entail its revival upon restoration of a suit which was dismissed for default-Supplemental proceeding could be taken recourse to only when the interest of justice is required to be sub-served-A construction which preserves the rights of the parties pending adjudication must be allowed to operate vis-a-vis privilege conferred upon a plaintiff to obtain an interlocutory order which loses its force on dismissal of the suit-It would not revive unless expressly directed by the Court on restoration of the suit.Limitation Act:Jurisdiction of the Court-A suit/proceeding, if barred by limitation, culminates into a right to the non-suitor which could be curtailed only by express terms of a statute-It ousts the jurisdiction of the Court to entertain the same. Incidental proceedings vis-a-vis supplemental proceedings-Distinction between in the context of revival of interlocutory order on restoration of the suit-Discussed. |
Judge | Honble Mr. Justice S.H. Kapadia Honble Mr. Justice V.N. Khare |
Neutral Citation | 2004 INSC 298 |
Petitioner | Vareed Jacob |
Respondent | Sosamma Geevarghese And Ors. |
SCR | [2004] Supp. (1) S.C.R. 534 |
Judgement Date | 2004-04-21 |
Case Number | 2634 |
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 |