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APPEAL FROM ORDER TO BE FILED BEFORE THE SUPEIROR COURT AGAINST THE ORDER PASSED BY LOWER CIVIL COURT IN AN APPLICATION FOR INTERIM RELIEFS
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Appeal from Order is to be filed against certain orders passed in a suit before its final decision as provided under Section 104 read with Order 43, Rule 1 of Code of Civil Procedure, 1908.The trial court has passed an interim order and which is required to be challenged before the higher or superior court. This is the precedent for the same.
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APPEAL UNDER SECTION 15-T OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992, BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT) CHALLENGING THE ORDER (PENALTIES AND ADJUDICATION) OF SECURITIES AND EXCHANGE BOARD OF INDIA PASSED UNDER CHAPTER VIA OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
This is a precedent of an appeal under section 15-T of the Securities and Exchange Board of India Act, 1992, before the Securities Appellate Tribunal (SAT) challenging the order (Penalties and Adjudication) of Securities and Exchange Board of India passed under Chapter via of the Securities and Exchange Board of India Act, 1992.
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NOTICE UNDER SECTION 80 OF THE CODE OF CIVIL PROCEDURE, 1908
The Plaintiff desires to file a Civil Suit against the Government or against a Public Officer purporting to act in his official capacity. However, in such a case the Plaintiff is required to serve in advance a Statutory Notice under Section 80 of The Code of Civil Procedure, 1908 to the concerned Government/Government Departments/ Public Officer. This is a precedent of Notice under Section 80 of The Code of Civil Procedure, 1908.
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APPEAL TO THE HIGH COURT UNDER SECTION 260 A OF THE INCOME TAX ACT, 1961
The Income Tax Appellant Tribunal (ITAT) has made an Order against the Assessee. The Assessee wants to further challenge the said Order before the Hon’ble High Court. This is the precedent of an Appeal to the High Court against the Order of ITAT under Section 260A of the Income Tax Act, 1961.
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TRANSFER PETITION BEFORE THE SUPREME COURT OF INDIA FOR TRANSFER OF PETITION (MATRIMONIAL)
This is the precedent of Transfer Petition (Matrimonial) to be filed before the Supreme CourT of India for transfer of Matrimonial cases from the court of one state to the court of another state. This is under the provisions of Section 25 of CPC read with Supreme Court Rules.
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APPEAL UNDER SECTION 58 (4) OF THE COMPANIES ACT, 2013 READ WITH RULE 70 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 AGAINST THE COMPANY’S REFUSAL TO TRANSFER THE SAID SHARES
The equity shares in a Public Limited Company is standing in the name of the deceased. The Petitioner is legally entitled to the same. However, the Company has refused to transfer the said shares in favour of the Petitioner without sufficient cause. This is a standard precedent of Appeal under Section 58(4) of the Companies Act, 2013 read with Rule 70 of the National Company Law Tribunal Rules, 2016 against the Company’s refusal to transfer the said shares.
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APPLICATION FOR RAISING THE WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY UNDER ORDER 21 RULE 54 OF THE CODE OF CIVIL PROCEDURE, 1908
The immovable property of a third party is attached in execution of a decree of the Court. This is a precedent of an application for raising Warrant of Attachment of immovable property under Order 21 Rule 54 of Civil Procedure Code, 1908.
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AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF TO BE FILED UNDER ORDER XIX READ WITH ORDER XVIII RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908.
The Examination of a witness by a party who calls him shall be called his examination in Chief. It is a province of a party by whom the witness is called to examine him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case. This is a precedent of an affidavit in lieu of examination in chief to be filed under Order XIX read with Order XVIII (4) of The Code of Civil Procedure, 1908 with averments to prove document u/s. 65 (B) of the Indian Evidence Act, 1872 along with requisite Certificate also with averment to prove documents by Secondary evidence.
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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRST APPEAL WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT IF THE CASE INVOLVES A SUBSTANTIAL QUESTION OF LAW (SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908)
"The decree/ judgment passed by any appellate Civil Court in the first appeal which court is sub-ordinate to High Court can be challenged by way of a second appeal before the High Court provided the case involves a substantial question of law. This is a precedent of Second Appeal under Section 100 of the Code of Civil Procedure, 1908."
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APPLICATION BEFORE THE SUPREME COURT OF INDIA FOR LISTING REVIEW PETITION IN OPEN COURT
Normally Review Petition before the Supreme Court is heard in chamber or decided by circulation. This is the precedent of an application to the Supreme Court of India to list the review Petition in open court for hearing.
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SUMMARY SUIT FOR MONEY LENT AND ADVANCED
This is a precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 before appropriate court for recovery of money lent and advanced.
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AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF TO BE FILED BEFORE THE ARBITRATOR UNDER ORDER XIX READ WITH ORDER XVIII RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908
The Examination of a witness by a party who calls him shall be called his examination in Chief. It is a province of a party by whom the witness is called to examine him in chief for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case. This is a precedent of an affidavit in lieu of examination in chief to be filed under Order XIX read with Order XVIII Rule 4 of The Code of Civil Procedure, 1908.
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REVIEW PETITION BEFORE THE SUPREME COURT OF INDIA
This is the precedent of Review Petition to be filed before the Hon'ble Supreme Court of India for reviewing its own order. The Review Petition can be file only if grounds for review exists.
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