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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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STANDARD DEFENCES TO BE RAISED IN THE WRITTEN STATEMENT TO THE PLAINT (CIVIL SUIT)
Download Civil Suit Formats Online. The Plaintiff/s has/have filed the Civil Suit against the Defendant/s. These are the standard defenses normally adopted by the Defendant/s in the Written Statement/Reply.
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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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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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SUIT FOR AN INJUNCTION FROM DISPOSSESSING THE PLAINTIFF FROM THE PROPERTY WITHOUT DUE PROCESS OF LAW
A person apprehends he will be dispossessed from the property without following the due process of law. This is a precedent of Suit for an Injunction from Dispossessing the Plaintiff from the property without due process of law.
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SUIT FOR DEFAMATION AND INJUNCTION AGAINST NEWS PAPER COMPANY, JOURNALIST AND EDITOR
The defamatory statements are published in news paper. This is a precedent of a suit for defamation and injunction and for consequential reliefs against the news paper company, journalist and editor.
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SUIT FOR SALE OF MORTGAGED PROPERTY (SIMPLE MORTGAGE)
The property is mortgaged. Mortgaged debt is not paid. Mortgaged Property is required to be sold through Court. This is a precedent of suit for Sale of Mortgaged Property and for consequential reliefs.
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SUIT FOR FORECLOSURE OF MORTGAGE
The Defendants have availed financial facility from the Plaintiff against the Mortgage of their property. The Defendants have failed to pay the mortgage debt to the Plaintiff. The Defendants have failed to redeem the Mortgage. The Plaintiff claims to be entitled to foreclosure the mortgage and become the Owner of the mortgaged property. This is the precedent of a suit for foreclosure 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 BASED ON PERSONALITY RIGHTS
The Plaintiff is a Celebrity having personality rights. The Defendant is wrongfully attempting to use Plaintiff’s name and other personality rights without the consent of the Plaintiff for commercial gain. This is a precedent of suit based on personality rights for an injunction and 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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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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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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