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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
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This is a precedent of First Appeal to High Court. First Appeal challenging the Judgment and order passed by the Lower Civil Court before the Superior Court. An aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.
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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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THE DECREE/ JUDGMENT PASSED IN APPEAL COURT SUBORDINATE TO HIGH COURT/APPELLATE TRIBUNAL UNDER RERA CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT (SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908)
The Decree/Judgment passed by any Appellate Civil Court in the appeal which Court is sub ordinate to High Court can be challenged by way of a Second Appeal before the High Court. This is a precedent of Second Appeal to High Court under Section 100 of Code of Civil Procedure, 1908. This precedent will be also helpful for an Appeal to High Court under Section 58 of The Real Estate (Regulation and Development Act, 2016 (RERA).
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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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ADOPTION PETITION (UNDER GUARDSHIP AND WARDS ACT 1890) WITH THE CONSENT OF THE NATURAL GUARDIANS OF THE CHILD
This is the precedent of Adoption Petition (under Guardianship and Wards Act, 1890) to be filed before the court for adopting a child with the consent of the natural guardians/biological parents of the child.
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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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WRIT OF CERTIORARI AND MANDAMUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Mandamus and Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Mandamus and Writ of Certiorari is often issued by a superior court to the inferior court, public official, public body corporation tribunal and also government. This petition challenges the Order and demand notice issued by the Stamp Authorities.
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SUIT FOR PUBLIC NUISANCE
The Defendant is causing public nuisance to the public at large and particularly the residents of a locality. This is the precedent of a suit for public nuisance restraining the Defendant/s from causing and continuing to cause such nuisance.
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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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WRIT OF PROHIBITION TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Prohibition to be filed before the Hon’ble High Court. The Writ Petition of Prohibition is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
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WRIT OF HABEAS CORPUS TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION)
This is the precedent of Writ of Habeas Corpus, a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
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CRIMINAL WRIT PETITION OF MANDAMUS SEEKING DIRECTION FOR REGISTRATION OF FIRST INFORMATION REPORT (F.I.R.)
The Police is not acting on your Complaint and not registering First Information Report (FIR). This is the precedent of Criminal Writ Petition of Mandamus Seeking Direction For Registration of First Information Report (F.I.R.).
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WRIT OF CERTIORARI TO BE FILED BEFORE THE HIGH COURT (WRIT PETITION) CHALLENGING THE ORDER OF QUASI JUDICIAL AUTHORITY
This is the precedent of Writ of Certiorari to be filed before the Hon’ble High Court. The Writ of Certiorari can be filed for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. This is the Writ Petition challenging the Order of deemed conveyance by quasi Judicial authority in respect of Freehold property.
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