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Affidavit Under Order Xli Rule 27 Of The Code Of Civil Procedure 1908

Category : Affidavits Civil

Precedent No 22 AFFIDAVIT UNDER ORDER XLI RULE 27 OF THE CODE OF CIVIL PROCEDURE 1908 BEFORE THE CITY CIVIL COURT Interlocutory Application No of 20 In Civil Appeal No of 20 Applicant Appellant Vs Respondent AFFIDAVIT of W o aged years presently and permanently residing in The deponent abovenamed hereby solemnly affirms and declares as follows 1 That the deponent is the petitioner in the Application and appellant in theAppeal referred to above Being well conversant with the facts andcircumstances of the case the deponent is fully competent to swear tothis affidavit The deponent will be referred to as the applicant hereinafter 2 This appeal was filed on by the applicant against the Judgment and decree of the City Civil Court XVV in O S No 3 It is submitted that prior to notwithstanding the exercise of due diligence by the applicant the accompanying documents could not have been procured by her as she had absolutely no knowledge of the transactions mentioned ther...


Non Joinder & Mis Joinder Of Parties 1147

Category : Notices

NON JOINDER MISJOINDER OF PARTIES suit court person plaintiff defendant NON JOINDER MISJOINDER OF PARTIES Order I Rules 1 to 13 Civil Procedure Code A What persons and causes can sue or be sued upon Old Rule Those having a common cause of action can sue Present Rule All those claiming out of the same transaction a piece of business To transact means to conduct or carry through with somebody e g a plot of land B Who can be co defendants All those against whom the cause of action accrues comes to comes from something out of the same transaction the same set one set C What causes can be sued together All those arising out of the same transaction Such a suit is called a multifarious many and various variety suit where there are different causes of various transactions MISJOINDER Misjoinder Wrongly joined Amiss Misjoinder of Plaintiffs Where there are more plaintiffs than one the provisions of the present rule apply Persons m...


Defence In Suits For Injuries Caused By Negligent Driving Drafting Plaints Written Statements 838

Category : Drafting Plaints Written Statements

Defence in suits for injuries caused by negligent Driving 1 The defendant denies that the carriage mentioned in the plaint was the defendant s carriage and that it was under the charge or control of the defendant s servants The carriage belonged to of Street Calcutta livery stable keepers employed by the defendant to supply him with carriage and horses and the person under whose charge and control the said carriage was was the servant of the said 2 The defendant does not admit that the said carriage was turned out of Middleton Street either negligently suddenly or without warning or at a rapid or dangerous place 3 The defendant says the plaintiff might and could by the exercise of reasonable care and diligence have seen the said carriage approaching him and avoided any collision with it 4 The defendant does not admit the statements contained in the third paragraph of the plaint...


Agreement Between A Solicitor And Articled Clerk Deeds Agreement For Sale 1453

Category : Deeds Agreement For Sale

Agreement between a Solicitor and Articled Clerk AGREEMENT BETWEEN A SOLICITOR AND ARTICLED CLERK This articled clerkship deed made the day of 20 between AB of etc a solicitor of the High Court hereinafter called the solicitor of the First Part and CD of etc hereinafter called the articled clerk of the Second Part Witnesseth and it is hereby agreed and declared as follows 1 The articled clerk of his own free will and accord hereby places and binds himself to the solicitor as a candidate to serve under him honestly and faithfully in his profession of a solicitor from the date hereof for the term of years 2 The articled clerk do hereby covenants with the solicitor as follows i That the articled clerk will faithfully and diligently serve the solicitor as his assistant and will not at any time cancel spoil destroy waste spend nor tamper with or destroy or do any other mischief to any of the books papers writ...


Deed Of English Mortgage (for Corporate Sector) Deeds Mortgages And Pledges 1624

Category : Deeds Mortgages And Pledges

Deed of English Mortgage for Corporate Sector bank company mortgage time premise Deed of English Mortgage for Corporate Sector THIS DEED OF MORTGAGE is made at this day of 19 between A B CO Limited a Company registered under the Companies Act 1956 and having its Registered Office at hereinafter referred to as the Company of the One Part and a Banking Corporation constituted under the Banking Companies Acquisition and Transfer of Undertaking Act 1970 hereinafter referred to as the Bank of the Other Part WHEREAS 1 The Company is a Public Limited Company incorporated and registered under the Companies Act 1956 2 The Company has for its objects inter alia the carrying on of the business of manufacturing and dealing in 3 The authorised capital of the Company consists of Rs divided into equity shares of Rs ...


Agreement Between Builder And An Architect Deeds Agreement 1006

Category : Deeds Agreement

Agreement between Builder and an Architect THIS AGREEMENT is made and enter into act at on this day of 20 between Shri an adult R o at hereinafter called the Builder which expression unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs administrators executors legal representatives successors and assigns of the ONE PART and Shri carrying on business in the partnership name and style of M s having their place of work at hereinafter called the architects which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include every partner for the time being of the said firm the survivor or survivors of the legal representatives administrators and assigns of the last survivor of the OTHER PART WHEREAS the Builder is de...


Agreement To Demolish The Old Structure And To Construct New Building Deeds Agreement 1007

Category : Deeds Agreement

Agreement to Demolish the Old structure and to construct New Building THIS AGREEMENT is made and enter into at on this day of 20 between an adult Indian inhabitant residing at hereinafter called the Employer of the ONE PART and builders and developers Pvt Ltd a company registered under the Companies Act 1956 carrying on the business of builders and contractors having its registered office at hereinafter called the builders of the OTHER PART WHEREAS the employer is absolutely seized or otherwise well and sufficiently entitled to the old structure being House No road with an area of sq mts which structure is more particularly described in First Schedule hereunder written and is hereinafter referred to as the said structure AND WHEREAS the said structure has become very old an...


General Conditions For The Supply Of Plant And Machinery For Export Foreign Collaboration & Joint Venture 1299

Category : Foreign Collaboration And Joint Venture

GENERAL CONDITIONS FOR THE SUPPLY OF PLANT AND GENERAL CONDITIONS FOR THE SUPPLY OF PLANT AND MACHINERY FOR EXPORT Prepared under the auspices of the UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE GENEVA MARCH 1953 1 Preamble 1 1 These General Conditions shall apply save as varies by express agreement accepted in writing by both parties 2 Formation of Contract 2 1 The Contract shall be deemed to have been entered into when upon receipt of an order the vendor has sent an acceptance in writing within the time limit if any fixed by the purchaser 2 2 If the Vendor in drawing up his tender has fixed a time limit for acceptance the Contract shall be deemed to have been entered into when the Purchaser has sent an acceptance in writing before the expiration of such time limit provided that there shall be not binding Contract unless the acceptance reaches the Vendor not later than one week after the expiration of such time limi...


Agreement Of Amalgamation Between Two Companies

Category : Agreements Company Law

SCHEME OF AMALGAMATIONBETWEENXYZ LIMITED AND ITS MEMBERSANDA B LIMITED AND ITS MEMBERS For Amalgamation of XYZ Limited with A B Limited under Section 391 read with Section 394 of the Companies Act 1956 1 Definitions In this Scheme unless inconsistent with the subject or context the following expressions shall have the following meanings 1 1 the Act means the Companies Act 1956 or any statutory modification or re enactment thereof for the time being in force 1 2 the Appointed Date means the date of or such other date as may be fixed or approved by the High Court at 1 3 the Effective Date means the last of the dates on which the sanctions approvals or orders specified in Clause 15 of this Scheme ate obtained 1 4 the Scheme means this Scheme of Amalgamation in its present form or with any modification s approved or imposed or directed by the High Court at 1 5 the Transferor Company means XYZ Limited a Company incorporated under the Companies Act 1...


Agreement To Demolish The Structure, Clear The Site And To Construct New Building On The Plot

Category : Agreements Misc Agreements

This Agreement made at on this day of 2000 between A son of Shri resident of hereinafter called the Employer of the ONE PART and XYZ Constructions a partnership firm carrying on the business of builders and contractors having its office at hereinafter called the builders of the Other PartWhere as the employer is absolutely seized or otherwise well and sufficiently entitled to the old bungalow being House No Mohalla with an area of sq mts which bungalow is more particularly described in First Schedule hereunder written and is hereinafter referred to as the said bungalow and Where as the said bungalow has become very old and the employer intends to dismantle the said bungalow and construct a new bungalow on the said plot of land and Where as the builders are willing to undertake the said job of dismantling and construction of the new bungalow in accordance wi...


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