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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
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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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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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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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ARBITRATION PETITION UNDER SECTION 9 TO THE HON’BLE COURT FOR INTERIM RELIEFS PENDING THE ARBITRATION PROCEEDINGS
This is the precedent of a Petition which allows the parties to apply to the Court for interim relief under section 9 of the Arbitration and Conciliation Act, 1996 before or during the Arbitral Proceedings, or after an Award is passed but before it is enforced.
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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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INVOCATION NOTICE UNDER ARBTIRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR
Disputes have arose between the Parties and the Agreement between them provides for referring the same to Arbitration. This is the precedent of Invocation Notice under the Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator/s to arbitrate dispute between the Parties as per the written contract.
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REVIEW PETITION TO BE FILED BEFORE THE HIGH COURT
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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AFFIDAVIT OF EVIDENCE IN SUPPORT OF OPPOSITION TO THE NOTICE OF OPPOSITION TO THE APPLICATION FOR REGISTRATION OF TRADE MARK
The Trade Mark is advertised in Trade Journal, Notice of Opposition and Counter Statement to Notice of Opposition are filed. This is the precedent of Affidavit of Evidence in support of opposition to be filed by the party who is opposing the registration of the Trade Mark.
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CERTIFICATE UNDER SECTION 65(B) OF THE INDIAN EVIDENCE ACT TO BE FILED BEFORE THE ARBITRATOR
This is the precedent of Certificate under Section 65(B) of The Indian Evidence Act to be filed before the Arbitrator;
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APPLICATION ON BEHALF OF THE CLAIMANT UNDER SECTIONS 12 AND 13 OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR REQUESTING THE RECUSAL OF THE LEARNED ARBITRATOR BEFORE THE HON’BLE SOLE ARBITRATOR (REQUESTING THE LEARNED ARBITRATOR TO WITHDRAW HIMSELF AS AN ARBITRATOR)
This is the precedent of an Application to be filed before the Arbitrator under Sections 12 and 13 of the Arbitration and Conciliation Act, 1996 for requesting the recusal of the Learned Arbitrator/withdrawal himself to act as an Arbitrator.
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APPEAL UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AGAINST THE ORDER OF THE ARBITRAL TRIBUNAL REJECTING THE APPLICATION FOR RELIEFS
This is the precedent of an Arbitration Appeal to be filed under Section 37 of the Arbitration and Conciliation Act, 1996 before the Court for challenging the interim Order/Award passed by the Arbitrator.
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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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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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