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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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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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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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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRSTÂ APPEALÂ WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF AÂ SECOND APPEALÂ 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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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 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 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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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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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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ARBITRATION AGREEMENTÂ (BETWEEN PARTIES TO REFER THEIR EXISTING DISPUTES TO ARBITRATION)
This is a precedent of an Agreement between the parties for referring the existing disputes for Arbitration by way of executing an Arbitration Agreement.
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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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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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