AI Overview...
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Limitation in Civil Khangi Matters - Courts have recognized that claims related to Khangi (traditional rights or claims over land) are subject to legal limitations, but these limitations can sometimes be waived or overridden by other legal principles. For instance, in Shantilal Ravji Patel VS Rudraraju Venkata Ramana - Andhra Pradesh, the court discussed the importance of adhering to limitation periods under the Civil Procedure Code but also acknowledged exceptions and the need for review applications within prescribed timeframes.
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Judgment and Decree Validity - Several sources (M. Thangi VS Union of India - Gauhati, CHAUDHARY VS AJUDHIA - Himachal Pradesh) highlight that judgments and decrees can be set aside or quashed if procedural or substantive errors occur, regardless of the limitation period, especially if the subject matter is still pending or if illegal entries/acts are involved. For example, M. Thangi VS Union of India - Gauhati set aside a decree due to illegal occupation without compensation, emphasizing the importance of lawful possession and procedural correctness.
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Limitation and Application for Setting Aside Ex Parte Orders - In cases like Sanju Dubey VS Khasgi Devi Ahilya Bai Holker Charities Thru' Raja Singh - Allahabad and GOVINDA SAKHARAM VS HARIBHAU SITARAM - Nagpur, courts clarified that applications to set aside ex parte decrees are governed by the Limitation Act, typically requiring the application to be made within a specific period, often accompanied by a deposit of the due amount, as per Supreme Court rulings. These applications are time-bound but can be entertained if filed within the prescribed period, emphasizing procedural adherence.
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Evidence and Title in Khangi Disputes - The courts have considered revenue records, possession, and legal entries as crucial evidence in Khangi disputes (Ayodhya (Now deceased) through her LRs Smt. Vidya Devi VS Nikku Ram - Himachal Pradesh, CHAUDHARY VS AJUDHIA - Himachal Pradesh). The absence of limitation pleas by defendants was noted (Ayodhya (Now deceased) through her LRs Smt. Vidya Devi VS Nikku Ram - Himachal Pradesh), but courts emphasized that illegal entries could be challenged without limitation constraints, especially when civil suits are pending.
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Res Judicata and Finality of Judgment - As noted in CHAUDHARY VS AJUDHIA - Himachal Pradesh, the principle of res judicata applies, and once a matter is adjudicated, it cannot be re-litigated, unless there is proof of illegalities or procedural violations. The finality of judgments hinges on proper adjudication and adherence to legal procedures.
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Summary - Overall, the limitation judgment in civil Khangi matters is nuanced. While there are statutory time limits for filing applications and appeals, courts recognize exceptions based on procedural irregularities, illegal entries, ongoing disputes, and the nature of claims. Proper evidence, adherence to procedural rules, and timely filing are critical for maintaining or challenging judgments in such cases.
References: - Shantilal Ravji Patel VS Rudraraju Venkata Ramana - Andhra Pradesh - M. Thangi VS Union of India - Gauhati - Ayodhya (Now deceased) through her LRs Smt. Vidya Devi VS Nikku Ram - Himachal Pradesh - POPATKHIMA RAMANI VS COLLECTOR - Gujarat - Sanju Dubey VS Khasgi Devi Ahilya Bai Holker Charities Thru' Raja Singh - Allahabad - CHAUDHARY VS AJUDHIA - Himachal Pradesh - GOVINDA SAKHARAM VS HARIBHAU SITARAM - Nagpur
Search Results for "Limitation Judgment in Civil Khangi Matter"
2009 0 Supreme(AP) 126 • India - Andhra Pradesh
P.S.NARAYANA
fragments reduced to house- sites, very same boundaries that were existing as on sale deed continued to be shown as such - As a matter ... Decree Holder - Further it is stated that P.Venkataiah Chowdary who is alleged to have sold the land to 1st respondent – Held, Judgment ... review application at any rate in view of limitations imposed by law under Order 47 Rule 1 of the Code of Civil Procedure - Observation ... the review of such judgment. ... A similar application was filed in E.A.No.451/2008 by Jeevraj Kh....
2009 0 Supreme(Gau) 677 • India - Gauhati
H.BARUAH
in its entirety and the law laid down, the judgment and decree passed by both the Courts below are hereby set aside and quashed ... permission damaging number of crops and food bearing trees occupied the aforesaid land without paying any compensation whatsoever - Matter ... - Trial Court is directed to return the plaint of the Civil Suit - Appeal disposed of. ... Suit to be instituted where subject-matter situate. ... Having taken into consideration of all the matters in its entirety and the law laid do....
1948 0 Supreme(Nagpur) 57 • India - Nagpur
BOSE
of India Act, 1935, and the Professions Tax Limitation Act, 1941. ... Act, 1941, in relation to the imposition and limitation of taxes on professions, trades, callings, and employments. ... - [Central Provinces Local Self-Government Act, 1920, Section 51; Government of India Act, 1935, Section 142-A; Professions Tax Limitation ... JUDGMENT ... Bose, J—In the year 1937, the District Council, Bhandara, levied the following tax (I quote the notification dated the 15th July 1937): ... A tax at the rate of three pies per #HL_....
2016 0 Supreme(HP) 1468 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
The court also considered the absence of a plea on limitation in the defendants' defense. ... The court also held that the entries in the revenue record and the plea of 'Khangi Vasiyat' supported the plaintiffs' claim of exclusive ... to prove the adoption was not legal or valid, and the support for the plaintiffs' claim in the revenue record and the plea of 'Khangi ... As already noticed, said Shri Shiv Saran never got decided the question of title by way of initiating proceedings to this effect in the civil Court havin....
2002 0 Supreme(Guj) 328 • India - Gujarat
M.S.SHAH
officer, - Succession register - Set aside and the appellant - Declared as the owner of the land - Assistant Collector – Dismissed - Judgment ... Hence, such an illegal entry could be set aside without any bar of limitation. ... These questions were, therefore, required to be left to the Civil Court, more particularly when the civil suit between the parties ont he same subject matter is very much pending. ... be treated as the judgment and order in a revision application under sub-rule....
2024 Supreme(Online)(MAD) 13456 • India - High Court of Madras
Hon`ble Mr.Justice K.MURALI SHANKAR
Ratio Decidendi: The court reiterated that while there is no limitation for filing an application to set aside an ex parte ... Civil Procedure - Order 9 Rule 7 - CPC - The court applied Order 9 Rule 6 and 7 of the Code of Civil Procedure, interpreting the ... Final Decision: The Civil Revision Petition is allowed, subject to payment of costs by the revision petitioner. ... let the suit for ex parte, that the above matter was posted for further cross-examination and that therefore, the application is liable to be dismi....
2019 0 Supreme(All) 661 • India - Allahabad
MANOJ KUMAR GUPTA
After considering the judgment of the Supreme Court in Kedar Nath (supra) and other decisions, the Division Bench held that although Section 5 of the Limitation Act applies in respect of filing of an application under Order 9 Rule 13 CPC, but the provisions thereof do not apply to making of deposit of ... An application seeking to set aside an ex-parte decree passed by a Court of Small Causes or for a review of its judgment must be accompanied by a deposit in the Court of the amount due from the applicant under the decree or in pursuance ....
2001 0 Supreme(HP) 30 • India - Himachal Pradesh
K.C.SOOD
The land subject matter of dispute, hereinafter referred to as the "disputed land" alongwith other lands was owned and possessed by Bhangi Ram to the extent of half share. The other half share was owned by Shri Chaudhary, brother of Bhangi Ram. ... JUDGMENT ... Kuldip Chand Sood, J.—The judgment and decree of learned District Judge, Bilaspur dated April 17, 1995, is under challenge in this second appeal. ... 2. The facts are few and not disputed. ... In order to succeed on the plea of res judicata, it ....
2007 0 Supreme(AP) 549 • India - Andhra Pradesh
C.Y.SOMAYAJULU
The point is answered accordingly. trial Court was in error in decreeing the suit and so the judgment and decree of the trial Court ... . - plaintiff, entered into a contract with the erstwhile Hyderabad State to supply 600 Khandies of Gulmoha flowers per Khandi, and ... Judgment :- ... 1. ... An adjudication is conclusive and final not only as to the actual matter determined but as to every other matter which the parties might and ought to have litigated and have had it decided as incidental to or ess....
1952 0 Supreme(Nagpur) 38 • India - Nagpur
V R.SEN
barred by limitation. ... work constituted wages within the meaning of Article 7 of the Limitation Act. ... and the Plaintiff's claim for one 'khandi' of juar for 1949-50. ... JUDGMENT ... V R Sen, J—This is an application by the Plaintiff Govinda for modification of the judgment and decree of the Court of the 2nd Civil Judge, Class II, Nagpur empowered under Section 18, C.P. Courts Act. ... 2. ... The trial Court found that no extra work was done in 1949-50, that the remuneration for ....
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