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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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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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STATEMENT OF CLAIM
This is the precedent of Statement of Claim to be filed by the Claimant before the Arbitrator for seeking final reliefs.Arbitration and conciliation Act, 1996, Arbitration Act, Statement of Claim, Plaint before the Arbitrator, Invocation of Arbitration Clause, reference to Arbitration Dispute, Arbitration, reference to Arbitrator, Arbitrator, Arbitration.
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ARBITRATION PETITION UNDER SECTION 11 FOR APPOINTMENT OF ARBITRATOR BEFORE SUPREME COURT OF INDIA/FOREIGN ARBITRATION
This is the precedent of a Petition under Section 11(6) of Arbitration and Conciliation Act, 1996 to be filed before the Supreme Court of India in respect of an International Commercial Arbitration which empowers the court to examine the existence of an Arbitration Agreement while deciding the Application for Appointment of an Arbitrator.
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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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APPLICATION BY THE RESPONDENT UNDER SECTION 16 OF THE ARBITRATION AND CONCILIATION ACT 1996 (CHALLENGING THE JURISDICTION OF THE ARBITRAL TRIBUNAL)
This is the precedent of an Application to be filed before the Arbitral Tribunal under Section 16 of the Arbitration and Conciliation Act, 1996 for challenging the jurisdiction of the Arbitral Tribunal.
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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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ARBITRATION PETITION UNDER SECTION 34 OF ARBITRATION AND CONCILIATION ACT, 1996 (FOR SETTING ASIDE THE AWARD)
This is the precedent of the Petition to be filed under Section 34 of the Arbitration and Conciliation Act, 1996 before the Court for challenging the Arbitral Award passed by the Arbitrator. It is an Appeal filed by the aggrieved party challenging the Award passed by the Arbitrator before the Court.
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SUIT FOR EXECUTION OF A FOREIGN JUDGMENT/DECREE PASSED BY A NON-RECIPROCATING COUNTRY
A foreign Judgment/Decree is passed by a Non-Reciprocating Country against Indian Party who desires to execute the foreign Judgment in India. This is a precedent of suit for execution of a foreign Judgment/Decree passed by Non Reciprocating Country.
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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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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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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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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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