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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.
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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 (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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SUIT FOR ADMINISTRATION OF THE ESTATE OF THE DECEASED
The disputes and differences have arisen amongst the legal heirs of the deceased in respect of the estate of the deceased. This is a precedent of Suit for Administration of the Estate of the Deceased.
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SUIT FOR REDEMPTION OF MORTGAGE
The property is mortgaged. The Mortgagor desires to redeem the mortgaged property through Court. This is a precedent of suit for Redemption of Mortgage.
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SUIT FOR DISPARAGEMENT IN RELATION TO COMPARATIVE ADVERTISING
The Plaintiff and the Defendant both are manufacturers and marketing of similar Products. The Defendant has released an advertisement comparing its product with Plaintiff’s product misleading the consumer as a result of comparison amounting to disparaging to Plaintiff’s products. This is a precedent of Suit for disparagement in relation to Comparative Advertising.
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SUIT CHALLENGING THE TERMINATION AND SEEKING SPECIFIC PERFORMANCE
The Parties had entered into an Agreement. One party has terminated the Agreement. This is a precedent of a suit by aggrieved party challenging the termination and seeking specific performance of the Agreement and for consequential reliefs.
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CIVIL SUIT TO RECOVER MONEY (NOT A SUMMARY SUIT)
This is a precedent of Regular Civil Suit to recover money from the Defendant (Not a Summary Suit).
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AFFIDAVIT OF EVIDENCE IN SUPPORT OF COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of an Affidavit of Evidence in support of the Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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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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SUIT CHALLENGING THE REGISTERED GIFT DEED OF AN IMMOVABLE PROPERTY
A person desires to challenge the registered Gift Deed of an immovable property. This is a precedent of suit challenging the registered Gift Deed of an immovable property.
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SUIT FOR DISSOLUTION OF A PARTNERSHIP FIRM AND FOR IT’S ACCOUNTS
A Partnership Firm is dissolved by notice or otherwise. This is a precedent of Suit for Dissolution of a Partnership Firm, for accounts and for consequential reliefs.
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SUIT FOR DECLARING A PERSON WHO IS NOT TRACEABLE AS DEAD AND FOR SEEKING DIRECTION AGAINST THE CONCERNED AUTHORITY TO ISSUE HIS/HER DEATH CERTIFICATE
A person is missing for over a period of seven years and his whereabouts are not known in spite of efforts by the family and the Police Authorities. This is the precedent of a suit for declaration that missing person is presumed to have died and asking the authorities to issue Death Certificate of such a missing person.
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SUIT FOR RECOVERY OF THE REMAINING PRICE OF GOODS ORDERED WHEN DELIVERY NOT ACCEPTED
The Purchaser of the goods, though made part advance payment, has refused to accept the delivery of goods. This is a precedent of a Suit for recovery of the remaining price of goods ordered but delivery not accepted and for consequential reliefs.
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SUIT FOR DECLARATION THAT PURPORTED AGREEMENT IS VOID AND, IN ANY EVENT, THE SAME IS VALIDLY TERMINATED
The Parties have entered into an Agreement. One of the parties is contending that the Agreement is void and, in any event, the same is terminated. This is a precedent of suit for declaration that purported Agreement is void and, in any event, the same is validly terminated.
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