Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 – Or.VII r.11(d) 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 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 – Or.VII, r.11(d) – Rejectionof plaint on the ground that suit was barred by limitation –Respondent-plaintiff case was that the predecessor-in-title of theappellants-defendants had agreed to sell the suit property to himand executed agreement to sell for a sale consideration – Time wasnot the essence of the contract – Total consideration amount waspaid by the respondent – Respondent visited the property after about25 years and found that the suit property was sold to third party –Suit filed for specific performance of agreement to sell by therespondent – Appellant-defendant filed application u/Or.VII, r.11(d)of CPC to reject the plaint on the ground that suit was barred bylimitation – Application allowed by the trial Court – However, orderwas set aside by the High Court – On appeal, held: When rejectionof plaint is sought in an application filed u/Or.VII, r.11 same is to beconsidered from the facts of each case, looking at the avermentsmade in the plaint, for the purpose of adjudicating such application– In instant case, it is a matter for trial to record correctness orotherwise of allegations made in the plaint – The merits and demeritsof the matter cannot be gone into, while deciding the applicationfiled u/Or.VII, r.11 of CPC – At this stage only averments in theplaint are to be looked into and from a reading of the averments inthe plaint in case on hand, it cannot be said that suit was barred bylimitation – Furthermore, it is settled that when the time is not fixedin the agreement, the limitation of three years to file a suit forspecific performance would begin when the plaintiff has noticedthat defendant has refused the performance of the agreement – Theissue as to when the plaintiff had noticed refusal, is an issue whichcan be adjudicated after trial – Limitation Act, 1963 – Art.54. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2018 INSC 1212 |
Petitioner | Urvashiben & Anr. |
Respondent | Krishnakant Manuprasad Trivedi |
SCR | [2018] 13 S.C.R. 1242 |
Judgement Date | 2018-12-14 |
Case Number | 12070 |
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 |