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REVIEW PETITION TO BE FILED BEFORE THE HIGH COURT
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This is the precedent of Review Petition to be filed before the Hon’ble High Court for reviewing its own order and judgment. The Review Petition can be filed only if the grounds for Review are available.
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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. In the instant case, the Deemed Conveyance Order is passed of the larger plot of land inspite of ongoing development, conflicting the right of other societies.
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WRIT OF QUO WARRANTO BEFORE THE HON’BLE HIGH COURT (WRIT PETITION)
Writ of quo warranto means a writ that you can be issued to restrain a person from holding any public office in the capacity of a Public Officer to which he/she does not have the entitlement. Here, the term Quo-Warranto means, "by what authority"; or, "on whose authority is one holding a public office". This is a precedent of Writ Petition of Quo Warranto.
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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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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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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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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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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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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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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON CRIMINAL (BAIL) APPLICATION
The High Court has rejected the Bail Application of the Accused. The remedy is to approach the Hon'ble Supreme Court of India. This the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's Order on Criminal (Bail) Application.
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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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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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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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