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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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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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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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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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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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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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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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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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CLAIMANT’S APPLICATION UNDER SECTION 17 OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR INTERIM MEASURES OF PROTECTION : (APPLICATION BEFORE THE ARBITRATOR FOR URGENT AD -INTERIM AND INTERIM RELIEFS)
This is the precedent of an Application to be filed under Section 17 of the Arbitration and Conciliation Act, 1996 before the Learned Arbitrator for seeking ad Interim and interim reliefs during the pendency of Arbitral proceedings.
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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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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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THE DECREE/ JUDGMENT PASSED IN APPEAL COURT SUBORDINATE TO HIGH COURT/APPELLATE TRIBUNAL UNDER RERAÂ CAN BE CHALLENGED BY WAY OF AÂ SECOND APPEALÂ 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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SUMMARY SUIT BASED ON DISHONOURED CHEQUES
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 for recovery of the amount based on the dishonoured cheques.
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