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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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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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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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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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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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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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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 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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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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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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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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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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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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