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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)
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“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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APPEAL FROM ORDER TO BE FILED BEFORE THE SUPEIROR COURT AGAINST THE ORDER PASSED BY LOWER CIVIL COURT IN AN APPLICATION FOR INTERIM RELIEFS
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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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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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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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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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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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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STATEMENT OF FACTS AND GROUNDS OF APPEAL TO BE FILED BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) ALONGWITH FORM NO. 35 (Rule 45) UNDER THE INCOME TAX ACT,1961 AGAINST THE ASSESSING OFFICER’S ORDER U/S. 143(3) OF THE ACT
The Assessing Officer has passed an Order against the Assessee u/s 143 of The Income Tax Act. Now this needs to be challenged further. This is the precedent of Statement of Facts and Grounds of Appeal to be filed before Commissioner of Income Tax (Appeals) along with 35 [Rule 45] against the Order of the Assessing Officer.
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STANDARD DEFENCES TO BE RAISED IN THE WRITTEN STATEMENT TO THE PLAINT (CIVIL SUIT)
Download Civil Suit Formats Online. The Plaintiff/s has/have filed the Civil Suit against the Defendant/s. These are the standard defenses normally adopted by the Defendant/s in the Written Statement/Reply.
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CIVIL REVISION APPLICATION CHALLENGING THE JUDGMENT AND ORDER PASSED BY APPELLATE BENCH OF SMALL CAUSES COURT
This is a precedent of Revision Petition to the Hon’ble High Court under section 115 of the Civil Procedure Code,1908.A revision to High Court is available only in those cases and against such orders where no appeal lies and revisional jurisdiction can be exercised suo moto in certain cases including on the ground of jurisdiction error.
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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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CIVIL APPEAL BEFORE THE SUPREME COURT OF INDIA
This is the Civil Appeal to be filed before the Hon'ble Supreme Court of India against the Order and Judgment of the Hon'ble National Consumer Disputes redressal commission. This precedent can be useful where appeal lies directly to Supreme Court of India.
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APPEAL BEFORE THE SESSIONS COURT U/S. 374(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 AGAINST THE JUDGMENT AND ORDER OF CONVICTION BY MAGISTRATE’S COURT
The person is convicted by the Learned Magistrate’s Court. The Appeal is to be preferred. This is the precedent of an Appeal before the Sessions Court u/s. 374(3) of the Code of Criminal Procedure, 1973 against the Judgment and Order of Conviction by Magistrate’s Court.
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