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SUMMARY SUIT BASED ON DISHONOURED CHEQUES
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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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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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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 DAMAGES FOR MALICIOUS PROSECUTION
A person was maliciously prosecuted and prosecution against him/her failed. This is a precedent of Suit for damages for Malicious Prosecution.
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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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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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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
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 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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SUIT FOR SPECIFIC PERFORMANCE
The parties have entered into an Agreement. The disputes have arisen. This is a precedent of Suit for Specific Performance.
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SUIT FOR PUBLIC NUISANCE
The Defendant is causing public nuisance to the public at large and particularly the residents of a locality. This is the precedent of a suit for public nuisance restraining the Defendant/s from causing and continuing to cause such nuisance.
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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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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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