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SUMMARY SUIT FOR RECOVERY OF AMOUNT FOR GOODS SOLD AND DELIVERED
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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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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 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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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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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.
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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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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.
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 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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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.
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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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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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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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