SUMMARY SUIT BASED ON DISHONOURED CHEQUES

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.

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.

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.

THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRST APPEAL WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF A SECOND APPEAL 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."

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.

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.

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.

INTERPLEADER SUIT

When two or more persons claim adversely to one another the same amount or property from another person who claims no in interest in the same save and except for his cost/charges. For the purpose of obtaining a decision as to whom the payment should be made or property should be delivered, he needs to file an Interpleader Suit before the appropriate court. This is the precedent of an interpleader suit.

SUIT FOR A DECLARATION THAT THE AGREEMENT STANDS VALIDLY TERMINATED

The Parties had entered into an agreement. One party has terminated the Agreement. This is a precedent of a suit for a declaration that Agreement is validly terminated and for consequential reliefs.

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Attachment of Property Under Execution Proceedings

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.

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.