NDLI: Raghunath Pradhani Vs. Damodra Mahapatra and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Orissa Scheduled Areas Transfer of Immovable Property by Scheduled Tribes Regulation 2 of 1956 and Rule 4
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (2 of 1956)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Orissa Scheduled Areas Transfer of Immovable Property by Scheduled Tribes Regulation 2 of 1956 and Rule 4 mode thereunder - Validity of Court attachment without prior permission - Res judicata doctrine of applicability, whether non raising a particular contention operate as - Second Appeal and Appeal under Art. 136 of the Constitution - No new plea can be allowed to be raised. On the strength of the permission granted by the Revenue Divisional Officer, as required under clause 6 of the Orissa Scheduled Areas Transfer of Immovable Property by Scheduled Tribes Regulation 3 of 1956 and Rule 4 made thereunder, to sell his private property to a non-scheduled Tribe person for a sum of Rs. 4000/-, Respondent 3 sold his property on January 2, 1964 by a registered deed of sale to the appellant, despite an attachment order passed by the Executing Court on July 13, 1963 on an application dated June 28, 1963 made by Respondent to recover the decretal amount as per the money decree obtained by him on August 18, 1962 against Respondent 3 and his mother Respondent 4. Later, Respondent No. 1 however, produced the copy of the order passed by the R.D.O. dated October 23, 1963, at the instance of appellant in the Executing Court and got the property put to sale on May 15, 1964. In the court auction respondent 2 son of respondent 1 purchased the property. On June 22, 1964, the appellant filed an application under Order 21 Rules 89 and 90 and Sections 47 and 151 C.P.C. for setting aside the auction sale on the ground that the attachment and the auction sale were void for want of permission from the competent authority under Orissa Regulation 2 of 1956 and also due to fraud committed by the decree holder. The application was allowed followed by confirmation by the appellate judge, in appeal. But the High Court in Second Appeal reversed it accepting the contention of res judicata.
Judge	Honble Mr. Justice Y.V. Chandrachud
Neutral Citation	1978 INSC 218
Petitioner	Raghunath Pradhani
Respondent	Damodra Mahapatra And Ors.
SCR	[1979] 2 S.C.R. 196
Judgement Date	1978-11-02
Case Number	453

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

Raghunath Pradhani Vs. Damodra Mahapatra and Ors.

Please Log-in to view this content

Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956

Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Act No. 2 of 1956)

Lincai Gamango and Ors. Vs. Dayanidhi Jena and Ors.

Rosaliv. Vs. Taico Bank and Ors.

N.f. Sali Vs. State of Karnataka and Ors.

State of M.p. and Anr. Vs. Kumari Nivedita Jain and Ors.

Satyan Vs. Deputy Commissioner & Ors.

State of Punjab Vs. Hardial Singh and Ors.

Shantaben Bhurabhai Bhuriya Vs. Anand Athabhai Chaudhari & Ors.

Raghunath Pradhani Vs. Damodra Mahapatra and Ors.

Raghunath Pradhani Vs. Damodra Mahapatra and Ors.

Please Log-in to view this content

Similar Documents

Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956

Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Act No. 2 of 1956)

Lincai Gamango and Ors. Vs. Dayanidhi Jena and Ors.

Rosaliv. Vs. Taico Bank and Ors.

N.f. Sali Vs. State of Karnataka and Ors.

State of M.p. and Anr. Vs. Kumari Nivedita Jain and Ors.

Satyan Vs. Deputy Commissioner & Ors.

State of Punjab Vs. Hardial Singh and Ors.

Shantaben Bhurabhai Bhuriya Vs. Anand Athabhai Chaudhari & Ors.

Raghunath Pradhani Vs. Damodra Mahapatra and Ors.