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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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CRIMINAL APPEAL BEFORE THE HIGH COURT AGAINST THE ORDER OF CONVICTION BY SESSIONS COURT
This is the precedent of Criminal Appeal Before The High Court Against The Order Of Conviction By Sessions Court.
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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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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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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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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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SUMMARY SUIT FOR RECOVERY OF AMOUNT FOR GOODS SOLD AND DELIVERED
This is the 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 amount for goods sold and delivered.
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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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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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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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GROUNDS OF APPEAL TO BE FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL ALONGWITH FORM NO. 36 [Rule 47(1)] UNDER SECTION 253 OF THE INCOME TAX ACT,1961 AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)
The Commissioner of Income Tax (Appeals) under the Income Tax Act has passed an Order against the Assessee. Now this needs to be challenged further. This is the precedent of Grounds of Appeal to be filed before the Income Tax Appellate Tribunal along with Form No.36 [Rule 47(1)] under Section 253 The Income Tax Act against the Order of Commissioner of Income Tax (Appeal)
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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
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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