Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Go-operative Society: c Auction sale of land conducted |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Co-operative Society:Auction sale of land conducted in pursuance to the resolution passed by the General Body of the Co-operative Society and by duly following the procedure - Sale based on the price prevalent on the date of auction sale could not be faulted on the ground of allegations leveled on the basis of assumption and speculation of 10 members of the Society who had assailed the same by invoking writ jurisdiction - Challenge made 11 years after the sale, during which the appellant Society practically ceased to exist and all members except 10 out of 288 left - There was no illegality or infirmity in the impugned judgments passed by the courts below concurrently refusing to set aside the auction sale held 11 years ago at the instance of a Co-operative Society which was practically rendered defunct and ceased to exist. Auction sale of land conducted in pursuance to the resolution Passed by the General Body of the Co-operative Society - Challenged by handful of members - Held: In judging the functioning of a Co-operative Society or any other statutory body where the democratic process of election is adopted in pursuance to the Rule and a collective decision is taken by majority of the members of the entire body expressed in terms of a resolution passed by the General Body, then the same should not be ignored and bye-passed on challenge by a handful of members on the allegation of mala fide unless the alleged malicious action is writ large on the alleged decision and is challenged by majority of the members - If a decision is taken by majority of the members of a Cooperative Society or any other body under a statute in terms of the Rule, it cannot be over-ruled by minority on the ground of mala-fide or fraud unless it has passed through a strict proof of evidence - It is a well known dictum that mala fide is always easy to allege but difficult to prove as the same cannot be held as proved relying on assumption, speculation and suspicion. Writ jurisdiction: Scope of - Writ petition by members of Co-operative Society challenging auction sale 11 years later - Held: Members of the Co-operative Society opted a wrong forum by filing a writ petition in the High Court - They should have approached the civil court of competent jurisdiction where it would have had the opportunity to adduce evidence and prove all the allegations of under valuation and the alleged fraud challenging the auction sale - High Court under its writ jurisdiction ought not to have entertained the factual dispute which was of a civil nature but in the interest of justice and fairness as also equity and good conscience, the High Court entertained the dispute and to a great extent took care to scrutinize all aspects of the matter and then reached to a conclusion considering entire conspectus of the matter which cannot be held to be arbitrary, illegal or unjust in any manner. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra |
Neutral Citation | 2014 INSC 321 |
Petitioner | J.n. Chaudhary & Ors. Etc. |
Respondent | State Of Haryana & Ors. |
SCR | [2014] 6 S.C.R. 589 |
Judgement Date | 2014-04-24 |
Case Number | 4854-55 |
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 |