DPC - Sample Pleadings & Conveyancing.doc

IN THE COURT OF SENIOR CIVIL JUDGE

TIS HAZARI COURTS DELHI

SUIT No. 601 OF 2009

IN THE MATTER OF:

P ……. Plaintiff

Versus

D ……. Defendants

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER 8 RULE I OF

THE CIVIL PROCEDURE CODE 1908.

All the averments in the plaint are denied except which are expressly admitted here

under.

PRELIMINARY SUBMISSIONS

1. The suit is not maintainable either in law or on facts. That the present suit is

liable to be dismissed under order 7 rule 11 of the civil procedure code as the

plaint does not disclose a cause of action.

2. That this court is not having the territorial jurisdiction to try the present suit as

no alleged cause of action arose within the jurisdiction of this court and also the

defendant resides at the Kerala state. Therefore the present suit is liable to be

dismissed on the preliminary ground of territorial jurisdiction.

3. The plaintiff suppressed material facts before this Hon’ble court and the suit is

an abuse of process of law and deserves to be dismissed with costs to this

defendant.

4. The suit is barred by limitation.

PARAWISE REPLY ON MERITS

1. Para 1 of the plaint is matter of record and needs no reply.

2. The averments in para 2 of the plaint is incorrect and vehemently denied. The

plaintiff suppressed material facts. --------------

3. The averments in para 3 of the plaint is incorrect. There was no mutually agreed

between the plaintiff and the defendant. The plaint suffers from vague pleadings,

4. In reply to para 4 it is submitted that the money was due to the defendant from

the plaintiff. The averments in para 5 is incorrect and hence denied. There was

no agreed term between the plaintiff and the defendant. There was no financial

liability on the part of the defendant towards the plaintiff.

5. The averments in para 6 is incorrect and hence denied. The defendant has never

agreed to pay agreed to pay the alleged amount with interest. The averments in

para 7 is incorrect and hence denied. There was no money due to the plaintiff

from the defendant and there was no question of demand by the plaintiff and

failure of payment on the part of the defendant.

6. The averments in para 8 is incorrect and hence denied. The legal notice sent by

the plaintiff is an abuse of process of law. The legal proceeding initiated by the

plaintiff is on the basis of a bogus agreement and only with an intention to harass

the defendant.

7. The averments in para 10 of the plaint is incorrect and hence denied. No cause of

action had arisen as stated in the plaint. The dates mentioned in this para are

bogus and mentioned only with an intention to file a suit and to harass the

defendant.

8. The averments in para 11 of the plaint is incorrect and hence denied. This

Hon’ble court has no territorial jurisdiction to try this suit. Neither the defendant

actually and voluntarily resides, or carries business or personally works for gain

in Delhi nor the cause of action whole or in part arisen in Delhi. The fact that the

plaintiff resides and works for gain in Delhi does not confer jurisdiction to file a

suit in Delhi. No cheque was handed over to the defendant at Delhi.

9. The averment in para 12 is also incorrect and denied.

10. In respect of para 13 it is submitted that the suit is not valued properly and

therefore liable to be dismissed.

11. That the present suit is liable to be dismissed as no proper verification was done

by the plaintiff.

12. The plaint averments do not constitute any cause of action for the suit. The mere

issuance of a cheaque and collection of the same does not give rise to the cause of

action for realization of money. On this ground alone the suit is liable to be

dismissed.

13. The above suit is an abuse of process of this hon’ble court. The plaintiff filed the

present suit without any pleadings and suppression of material facts only to

harass the defendant and to wreck the personal vendetta. On this ground alone

the suit is liable to be dismissed with exemplary costs to this defendant.

In the above circumstances it is respectfully submitted that this hon’ble court

may be pleased to

a. Dismiss the above suit with costs to this defendant.

b. To pass such other orders as this hon’ble court may deem fit and proper

in the circumstances of the case.

DEFENDANT

Through Advocate

Place

Date

VERIFICATION

Verified on this the …………. day of 2009 at New Delhi that the contents of the above

written statement in para 4 to 32 are true and correct to my knowledge while those

para 1 to 3 are true as per information received, last para is prayer to this Hon’ble court.

DEFENDANT

IN THE COURT OF DEVENDER KUMAR JANGALA, SENIOR CIVIL JUDGE

TIS HAZARI COURTS DELHI

SUIT No. 601 OF 2009

IN THE MATTER OF:

P …….Plaintiff

Versus

D ……. Defendants

AFFIDAVIT

I, Mr. P S/o Mr. ………………………………….do hereby solemnly affirm and state as

follows.

1. I am the defendant in the above suit and thereby I am entitled to swear this affidavit.

2. I state the written statement is drafted by my counsel as per my instructions and the

averment made therein is true an correct.

3. I state that the verification is done by me after going through the written statement.

DEPONENT

VERIFICATION

Verified on this ….day of ……..2009 at………. that the contents of the above affidavit are

true and the correct and no material has been concealed there from.

DEPONENT

Signed before me on this …….2009 at ……..

S/d.. Advocate

IN THE COURT OF SHRI. P.S.TEJI, CIVIL JUDGE, TIZ HAZARI COURTS, DELHI

I.A. NO. ……… of 2007

IN

C.S No. 200 of 2007

………………….. ……..Petitioner/Defendant

Versus

M/s …………… ……...Respondent/Plaintiff

INTERLOCUTARY APPLICATION FILED UNDER ORDER 9 RULE 13 OF THE CODE OF CIVIL PROCEDURE FOR SETTING ASIDE EX-PARTE DECREE.

1. The petitioner is the defendant in the above numbers suit. The petitioner is acquainted with the facts and circumstance of the case.

2. Facts of the case in brief ……………………

3. Date of appearance, date of ex-parte order etc. in detail …………………….

4. Reasons for non-appearance ……………………………….

5. Reasons for setting aside the ex-parte decree ………………………………

6. The consequences if the order is not set aside …………………………..PRAYER

1.

2.

3.

Dated this the day of …………Month ………….200…

Signature of the Counsel for the petitioner

IN THE COURT OF SHRI. P.S.TEJI, CIVIL JUDGE, TIZ HAZARI COURTS, DELHI

I.A. NO. ……… of 2009

IN

C.S No. 200 of 2007

IN THE MATTER OF :-

………………………….. ……..PlaintiffVersus

M/s …………… ……..Defendants

A F F I D A V I T

I, ………………………, aged …… years, son of ………………………………, residing at ………………, ……………. State, presently at New Delhi do hereby solemnly affirm and state as follows:-

1. I am the …………. defendant in the above suit. I know the facts of the case and I am competent to swear this affidavit.

2. I state that the petition is drafted by my counsel as per my instructions and the averments made there in are true and correct.

3. I state that the verification is done by me after going through the petition s/d.

DEPONENT

VERIFICATION

Verified on this day………….., month…………., 200… at New Delhi by the deponent

that the contents of the above affidavit are true and correct to the best of my

knowledge and nothing has been concealed therefrom.

DEPONENT

SUIT FOR RECOVERY OF RS. ………………….

. IN THE COURT OF THE …………………….

(Ordinary Original Civil Jurisdiction)

Suit No. ………………….2009

In the matter of :

A. B. C.

a body corporate incorporated and constituted ……..…..Plaintiffunder the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its registered office at ……………

versus

D.E.F. ……………………. ……..…….. Defendants

Suit for recovery of Rs. ……… filed under Order VII Rule 1 CPC.

The plaintiff above named most respectfully Showeth:

1. That the Plaintiff is a body corporate duly constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its head office at ………………………… inter alia its branch office at ……………………….., New Delhi 110 003. Shri …………………… is the Principal Officer and constituted attorney of the Plaintiff Bank and as such is well conversant with the facts and circumstances of the present case. Shri ……………………….. has been duly authorized by the Plaintiff, by virtue of power of attorney, to sign and verify the plaint, applications, swear affidavits, institute suits, engage Advocates and to do all other acts in connection therewith. Accordingly, the plaint has been verified and has been instituted by the said Shri ………………………………….

2. That the Defendant No. 1 is a private limited company duly incorporated under the Companies Act, having its registered office at ……………………, and inter alia branch office at …………………………… Defendants No. 2 and 3 are the Managing Director and Director of the Defendant No. 1 and they have personally guaranteed the credit facility granted to Defendant No. 1.

3. That the Defendant No. 1 in the year ………………….. had purchased a ……………………………. Computer with accessories from ………………(for short hereinafter referred to as ………………………), on deferred payment basis. Therefore, the defendants in order to purchase the aforesaid computer approached the Plaintiff with a request to accept Inland Usance Bills drawn by Defendant No. 1 on Plaintiff payable to ……………………….. aggregating to an amount of Rs. …………………….. The Plaintiff considered the aforesaid request of the defendants sympathetically and agreed to accept the bills drawn by defendant No. 1 and accordingly sanctioned Inland Usance Bills Acceptance facility under the deferred payment guarantee scheme in the name of Defendant No. 1 to the tune of Rs. ……………….

4. That in pursuance to the aforesaid sanction of Inland Usance Bills Acceptance

facility unde deferred payment guarantee scheme, the defendants No. 2 and 3, in terms of Board Resolution dated ………………… of the Defendant No. 1, signed and executed the following security documents on behalf of the Defendant No. 1 and in favour of the Plaintiff on :

(a) Agreement of Counter Guarantee and Indemnity dated ……………………(b) Agreement of Hypothecation of tangible moveable plant and machinery dated

………………………..(c) Letter of Lien and Set Off dated ……………………….(d) Irrevocable letter of authority dated …………………….. to debit the accounts of

Defendant No. 1.

(e) Letter of Undertaking dated ………………………. not to pay/receive any guarantee/commission.

(f) Letter of Undertaking dated ……………………. not to incur expenditure or/invest funds in other companies, declare or pay dividends without consent of the Plaintiff.

(g) Letter of Declaration dated ………………………………..(h) Letter of Declaration/Undertaking dated …………………………… to utilise the

advance for the purchase of computer only;

and delivered the same to the Plaintiff on the even date.

5. That the Defendant No. 1 agreed to provide with the Plaintiff Bank sufficient funds atleast ……………………… days before the date of maturity of each bill to enable the Plaintiff to make payment of the bills to the ICIM on the date of maturity, and in the event of its failure: to do so, Defendant No. 1 agreed to pay interest @ 7.5% per annum OBR with a minimum of 17.5% per annum with quarterly rests plus penal rate 2% on overdue amount or at such other rate(s) as notified to the defendants by the Plaintiff from time to time, to the Plaintiff from the date of payment of such bills by the Plaintiff to ICIM, till the repayment by the Defendants.

6. That as offered and agreed the Defendants No. 2 and 3 guaranteed the due repayment of the amount due and payable by the Defendant No. 1 under the aforesaid Inland Usance Bills Acceptance facility and have executed stamped

joint and several, personal and continuing Deed of Guarantee dated …………………………………….. in favour of the Plaintiff, thereby undertaking to pay the amounts due and payable by Defendants No. 1 in the account within two days after demand in writing by the Plaintiff.

7. That pursuant to and in consideration of the execution of various security documents as aforesaid Plaintiff accepted to Inland Usance Bills drawn by Defendant No. 1 on the Plaintiff, aggregating to Rs. …………………… falling due for payment on different dates (with instruction to pay to …………………………………. on the respective due dates), details whereof are as under :

……………………. endorsed these bills of ……………………….. (for short hereinafter to as …………………………..)

8. That the Defendant No. 1 contravened the various agreed terms of the security documents and failed to maintain banking financial discipline and did not deposit sufficient funds seven days before the maturity of each bill, for making payment of the said bills with interest to the ………………………… Since the Defendant No. 1 failed and neglected to deposit sufficient funds with the Plaintiff before the maturity date of each bill, at the bills were paid by the Plaintiff on their presentation by the ……………………….. on their maturity dates through their Bankers.

9. That the defendants by executing letter of continuation and acknowledgement dated ……………………. acknowledged and confirmed the sanction of the Inland Usance Bills Acceptance facility, with the limit of Rs. ……………………….. besides continuing the execution of the various security documents by them on ………………………

10. That the Plaintiff on each and every occasion, requested the Defendant No. 1 to make the payment of the amount due and payable by the Defendant No. 1 under the Inland Usance Bills Acceptance facility, but the Defendant did not pay any heed to the requests of the Plaintiff, resulting in accumulation of huge amount. After a great pursuation and chase-up of the Plaintiff. The Defendant paid a sum of Rs. ……………………………….. on various dues last being on ………………………………… with part interest and commission in respect of the first five bills only as detailed in Para 7 hereinabove. The Defendant did not make the payment in respect of the amounts due and payable by them with interest and commission and other charges in respect of the remaining five bills.

11. That the Plaintiff repeatedly requested the defendants to liquidate their outstanding dues by making payment. The defendants did not pay any heed to the aforesaid requests of the Plaintiff. Since the defendant failed and neglected to make the payment to the Plaintiff despite his repeated requests, the plaintiff through ……………………………. Advocate, served a legal demand notice dated upon the defendants, calling them to make the payment of Rs. ………………… together with interest @ 17.5% per annum with quarterly rests, w.e.f. ………………….. till date of payment within seven days from the date of the notice, but the

defendants despite receipt of the legal demand notice, did not make the payment to the Plaintiff, hence this suit.

12. That the defendants by executing the Deed of Hypothecation of Tangible Moveable Plant and Machinery dated ………………… had hypothecated the ………………………… Computer with all other existing and indigenous machinery installed or lying loose in their factory premises or godown at New Delhi or in transit or anywhere else, in favour of the Plaintiff. In terms of the Deed of Hypothecation, the Plaintiff is well within its rights and powers to seize, recover, receive, appoint Receivers, or remove and/or sell by public auction or private contract the hypothecated computer and plant and machinery in case of any default in making payment by the defendants. Since the defendants have failed and neglected to maintain the banking financial discipline, and they also did not liquidate their dues by making the payment, the plaintiff is well within its rights to sell the hypothecated ……………………………… to appropriate the sale-proceeds thereof to recover its dues from the defendants.

13. That as on …………………….. the following sums -

S.No. Bill No. Date Bill Amount Amount due withCommission and Interest

Are now due and outstanding against the defendant No. 1, which sum the Defendants No. 1 to 3 being principal borrower and guarantors are jointly and severally liable to pay to the plaintiff, together with future and pendent elite interest.

14. That the cause of action for filing the present suit has firstly arisen in favour of the Plaintiff and against the defendants on ………………. when the defendants pursuant to the sanction of the Inland Usance Bills Acceptance facility, executed the various security documents in favour of the Plaintiff. Thereafter, it arose on ……………. when the Plaintiff accepted Inland Usance Bills drawn by Defendant No. 1 on the Plaintiff. Thereafter, it arose on all the occasions when the defendants failed to make the payment of the bills before the maturity date and the same were paid on their respective maturity dates by the Plaintiff. It also arose on all the occasions when the Plaintiff requested the defendants to make the payments, and tile defendants failed to make tile payments. Finally, it arose on ………………….., when the plaintiff several legal demand notice on the defendants and the defendants despite receipt of the same, have failed and neglected to make the payment. The cause of action is continuing and still subsisting.

15. That this Hon’ble Court has got the pecuniary and territorial jurisdiction to try this suit since all the parties to the suit have their offices and work for gain at

Delhi, within the territorial jurisdiction of this Court, and the cause of action has also arisen at Delhi.

16. That the value of the suit for the purposes of court fee and pecuniary jurisdiction is Rs. …………………. And accordingly a court fee of Rs. …………………………. Is paid thereon.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble ‘Court may be pleased to –

(a) pass a joint and several decree in the sum of Rs. ……………….. together with pendente-lite and future interest @ 19.5% per annum with quarterly rests, till the realization of the decretal amount against the defendants and in favour of the Plaintiff;

(b) order for sale of hypothecated ………………………… and all other existing and indigenous machinery, lying at ………………………… and the sale proceeds thereof may he ordered to be appropriated towards the decretal amount ;

(c) award entire costs of the proceedings;

(d) any other order which this Hon’ble Court may deem fit and proper may also be passed in favour of the plaintiff and against the defendants.

Plaintiff

Through Constituted Attorney

Through AdvocatesPlace : ……………………….Dated : ……………………….

VERIFICATION

I, …………………………… Constituted Attorney of tile Plaintiff do hereby verify that paras 1 to 13 of the above plaint are true in my knowledge, on the basis of information derived from the records of the Plaintiff Bank, and those of paras 14 to 16 of the plaint are believed by me to be true on the basis of legal advice sought. Lat para is a prayer to this Hon’ble Court.

Verified at New Delhi on this ……………………….. day of …………………….

Plaintiff

Through Constituted Attorney

SUMMARY SUIT UNDER ORDER 37 OF CPC.

IN THE COURT OF………………………

(SUIT FILED UNDER ORDER 37 CPC.)

Suit No………………………2009

A.B.C………………… ….PlaintiffVersus

D.E.F………………… ….Defendant

SUIT FOR RECOVERY OF RS……………… UNDER ORDER 37 CPC

Most respectfully Sheweth:

The plaintiff above named states as under:

1. That the plaintiff is a public limited company and registered with the Registrar of Companies………….. under the Companies Act, 1956 (1 of 1956) and having its registered office at …………….. The plaint is filed by Shri……….. who has been duly authorized by a Resolution of the Board of Director of the company on ……………………. The copy of said resolution duly certified by the Secretary of the company is annexed hereto and marked as Annexure…………….

2. That the company is presently engaged in the business of …………….

3. That the Defendant is a partnership firm and Defendant Nos. 2 and 3 are its partners.(set out herein facts of the case)

4. That the plaintiff after exhausting all the avenues available to it for realization of the amount representing the hundies / cheques from the defendants, the plaintiff ultimately sent a legal notice through its Advocate on ………………… demanding payment of the amount representing the hundies / cheques as on date amounting to Rs….. with interest at the rate of 24 per cent per annum till payment of the said amount. The said legal notice had been duly served on the defendant. The copy of the legal notice as well as the acknowledgement. Due received back are annexed hereto and collectively marked as Annexure………

5. The despite assurances given by the defendants. The defendants have failed to make payment of the amounts as per the hundies / cheques amounting to Rs……………… The hundies / cheques are annexed hereto and marked as Annexure………

6. That the defendants are liable to pay jointly and severally the amount of Rs…………… with interest at the rate of 24 percent per annum which they have failed and neglected to pay inspite of repeated requests and assurance given and despite legal notice.

7. That the cause of action arose in favour of the plaintiff and against the defendants when…………. It again arose in favour of the plaintiff and against defendant when hundies cheques were returned unpaid. The cause of action again arose when the plaintiff served on the defendant the legal notice on …………. And It still persists.

8. That as per the special terms of sale it has been agreed between the parties that all disputes regarding bill shall be decided at ……………… and ……………….. Courts alone shall have jurisdiction. Therefore this Hon’ble Court has jurisdiction to try the present suit.

9. That the present suit is being filed under Order XXXVII of the Code of Civil Procedure and no relief which does not fall within the ambit of this Rule has been claimed in the plaint.

10 That the value of the suit for purposes of court fees and jurisdiction is fixed at Rs………….. on which a court fee of Rs…………. Is being paid.

11. That no relief, which does not fall within the ambit of this rule ,has been claimed in the plaint

The plaintiff accordingly prays that this Hon’ble court may be pleased to -

(a) pass a decree for the sum of Rs…….. in favour of the plaintiff and against the defendants plus interest at the rate of 24% per annum and future interest from the date of institution of suit till realization of the amount.

(b) Cost of suit be awarded in favour of the plaintiff and against the defendant and

(c) Such other order or orders as this Hon’ble Court may deem fit and proper in the circumstance of the case may be passed.

Plaintiff

Authorised Signatory

Verification

I,……………………. The plaintiff do hereby verify that paras 1 to ……….. of the plaint are correct and true to my knowledge and those of paras………. Are believed to be correct on legal advice received.

Rest is a prayer to this Hon’ble Court

Verified and signed by the plaintiff who is personally known to me on……………at…. ……………..

counsel for the Plaintiff

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

IN THE COURT OF ……………………..

Suit No. ………………..

A.B.C. ………………. ….. Plaintiff

versus

D.E.F. …..… Defendant

To,

Hon’ble the Chief Justice and His Companion Justices of the High Court

Most respectfully Showeth :

1. The Plaintiff, ………………… is registered under the Societies Registration Act, and is running a hospital popularly known as, …………….. has been established in …………………………. And enjoys a very high reputation and goodwill for rendering human service to the community, which include patients from all over India, as well as abroad. The following medical departments and services covered there under, are available to the patients :

(Mention here services rendered)

2. The Plaintiff is employing over ………………… employees whose conditions of service stand regulated by applicable Service Rules, Conduct Rules, Office Orders and Settlements, and has been having longstanding history of collective bargaining and harmonious relations with the majority of employees.

3. That the employees, as represented by the defendant ………………… have vide letter dated ……………………….. raised certain demands. Despite the petitioner management explaining the entire position regarding those demands and its (management’s) having displayed a most reasonable approach in response to the said demands, the employees remained unwarrantedly stubborn and failed to appreciate either the realities of the situation, or to adhere to the applicable principles of collective bargaining.

4. That ultimately the demands of the employees, and the contentions of the management were referred for adjudication and are presently pending before the Industrial Tribunal …………………………. For adjudication vide Order O Reference bearing No. ……………………. Which has been registered as case …………

5. That instead of awaiting the adjudication of the alleged Industrial Dispute referred to above, some of the disgruntled and frustrated employees, out of devious motives, have been engineering and generating all sorts of unwarranted dissatisfaction and frustration amongst the employees clearly with the view to thereby intimidate, coerce and compel the management on the Plaintiff …………………………. Not to contest the industrial dispute and to concede to their demands. They have been working up and instigating agitational activities to persuade and compel the employer to their line and to follow the path shown by them.

6. That the said actions of the disgruntled and frustrated employees and motivated office bearers and activists of the defendant ………………. amount to an unfair labour practice on the part of the said defendant/persons, and is also prejudicial to the well settled principles or resolving of disputes by Industrial Adjudication. It is significant to mention that the Industrial Disputes Act clearly forbids the taking of direct action or resorting to agitation by either party to any industrial dispute once a Labour Court/Industrial Tribunal becomes seized of the matter by way of a reference being made to it under Section 10 of the said Act.

7. That thus the above mentioned impugned acts aimed at by-passing the legal recourses provided under the Industrial Disputes Act, are totally invalid and impermissible in law.

8. That some-time in the last week of the respondent, its office bearers and its activists have commenced the standing of demonstration at the premises of the plaintiff’s ………………………….. thereby causing disruption of the work as well as impediments in the treatment of the patients in the plaintiff’s hospital.

9. That on ………………………. and …………………. the defendant ……………………….., its office bearers and activists staged an aggressive and unruly demonstration using public address system and creating disruption and confusion in the working of the plaintiff’s ………………………….

10. That thereafter they have been actively instigating and working up an atmosphere of violence and inciting the staff and workmen to resort to direct violence against the officials and the property of the plaintiff’s ……………… The said defendant ………………………… its officials and activists are also bent upon to create an atmosphere of violence, disruption etc., which is not congenial to the rendering of proper medical services, and / or which are calculated to cause anxiety and misgivings in the minds of the patients regarding the nature of

service to be availed by them as also about the risk to their lives. The same is motivated to destroy the reputation of the plaintiff’s ……………………………… and cause a shift of …………………….. away from the plaintiffs …………………………. On account of the violence and the disruption, which has been and continues to be engineered by the defendant.

11. That it is pertinent to mention that amongst other medical services, the plaintiff has an intensive care unit, and a Coronary care unit, as well as Labour room and Neonatology Deptts, which are all occupied by a large number of patients who are in need of constant medical attention and who face serious adverse consequence in the event of any disruption of any of the normal or emergency functions of the plaintiffs. Even the use of public address system/microphones and slogans shouting or any other similar form or loud noise or other violent behaviour can have great detrimental consequence upon such patients.

12. That the defendant ……………………., its office bearers and activists have recently, with effect ……………………. started escalating the violent, disruptive and unruly activities, as well as the activity of inciting staff and workmen, and taking resort of abhorant practice which are absolutely inconceivable in relation to a ………………………….. The defendant ………………. its activists and office bearers are staging massive demonstrations at the …………………….. premises by bringing crowds of more than ………………………… persons after every few days since ………………………………and this crowd is inciting direct violence against the officials of the plaintiff ………………………….. and its property inter-alia by way of loud shouting, defamatory and abusive slogans, and the giving of provocative speeches over the public address system/microphones etc.

13. That the latest demonstration has been held on ……………………… and the same constitutes a grave escalation of the already continuing violent demonstration and the plaintiff has grave apprehension of matters going out of hand with the resultant risk to the life of the officials of the plaintiff hospital, its property as well as life and property of the patients and their attending persons.

14. That they have also openly declared that they propose to even further intensify their agitational activities by staging demonstration at a much more massive scale. The patients, doctors and other staff who are already being subjected to grant inconvenience, are terror-spoken by the threat of escalation of violence. The essential and public utility service would be totally adversely affected. A state of terror and tension is now prevailing in and around the premises of the hospital.

15. The plaintiff has informed the police, but the same has been unable to dissuade the demonstrators from violent demonstration.

16. Unless the defendants are restrained from staging demonstration, picketing, pasting banners etc., the plaintiff will suffer irreparable injury and all the functioning of annual services will be seriously affected.

17. That the cause of action has arisen on …………………. And thereafter is recurring day by day with the escalation of violence by the defendants, and the employees of the plaintiff, who have started instigating the workers to demonstrate, picket and stage dharna and the same is continuing every day. Recently the escalation of violent demonstration has taken place w.e.f. ……………………………

18. That the balance of convenience lies in favour of the plaintiff since the plaintiff is hot in a position to carry on the normal activities whereas the defendant have no right to stage violent demonstration or picket or stage dharna at the premises of the plaintiffs …………………….

19. That the parties to the suit reside and carry on their activities in ………………………… and as such this Hon’ble Court has jurisdiction to entertain and adjudicate upon the case.

20. That the suit for the purposes of court fee and jurisdiction the suit is valued at Rs. ……………………… and the requisite court fee has been paid thereon.

21.

The plaintiff, therefore, respectfully prays :

(i) that the defendant either by themselves or through their activists, agents, representatives as well as the members or the unions, its supporters or sympathisers, be restrained from instigating or causing or arranging demonstration, picketing or staging dharna or pilching tent (Shamiana) within the radius of 200 meters at or around the premises of the plaintiff’s………………….

(ii) the defendants be further restrained either themselves or although their agents or representatives to harass, intimidate or to cause egress or ingress of the executives, the willing employees or put play cards, banners, notices or flags or writing on the walls on the premises of the plaintiffs.

(iii) directions be also given to the SHO Police Station ……………………. To enforce and implement the order of the Hon’ble Court.

(iv) any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also awarded in favour of the plaintiff and against the defendants.

(iv) the cost of the suit be also awarded in favour of the plaintiff and against the defendants.

Dated :…………………

Plaintiff

Advocate

APPLICATION FOR EX PARTE AD-INTERIM INJUNCTION UNDER ORDER 39 RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH SECTION 151

THEREOF

IN THE COURT OF……………………….

I.A. No………….2009

IN

CS(OS)NO……………2009.

In the matter of

A.B.C……………. ……Plaintiff

Versus

D.E.F…………….. ….Defendant

The plaintiff abovenamed, most respectfully Showeth:

1. The plaintiff has filed a suit against the defendants for the recovery of Rs………. Consisting of Rs……….. as principle and Rs………… as interest and with future interest at the rate of 18 percent per annum; and the same is pending before this Hon’ble Court.

2. The defendant is a sole proprietor of a concern in the name of ……….. The defendant inter alia, carries on the business of the purchase and sale of various electrical goods including the electrical, goods manufactured by the plaintiff.

3. The plaintiff has been supplying various electrical goods consisting largely of fluorescent tubes and lamps of difference wattages from time to time to the defendant. The subject matter of the suit, inrer alia, includes various supplies of fluorescent tubes and lamps during the period…………

4. Various invoices were raised during the period………. By the plaintiff in connection with the said electrical goods which were duly supplied by the plaintiff and received by the defendant.

5. In respect of the various supplied made by the plaintiff to the defendant and the various supplies received by the defendant. The defendant issued various cheques during the period…………. The particulars of cheques issued are set out herein below:-

From time to time the defendant has approached the plaintiff and has requested fro more time for making the payment of the outstanding amounts.

The defendant has been on one pretext or the other evading the payment against the dishounoured cheques. It was on account of the repeated request and entreaties that the plaintiff did not take any legal action so far.

6. Finally on …………… the plaintiff issued a legal notice through its advocates to the defendant for taking appropriate action against the first defendant within the meaning of Sections 403, 417, 418 and 420 of the Indian Penal Code, 1860. The plaintiff issued yet another notice dated…………. To the defendant through its advocates calling upon the first defendants to forthwith pay the outstanding principal amount of Rs………. alongwith interest.

7. Thereafter once again the defendant approached the plaintiff and asked for some more time for clearing the outstanding including interest.

8. The plaintiff came to know of the fraud perpetuated by the defendant, as the fact that the cheque issued by the defendant (and set out in para 6 of the plaint) had been dishounoured, for the first time only by the letter of …………. Written by the said bank. It was much later that the plaintiff came to know that the delivery of the said, dishounoured cheque was dishonestly and illegally taken by the defendant. In fact it was only on ……..when the plaintiff specifically requested the said bank to hand over the debit advices that the copies of the said debit advices for the first time were received by the plaintiff.

9. As on the date of filling of this plaint on …………. a total amount of Rs….. is due from the defendants consisting of Rs……. As principle and Rs…………….. as interest at the agreed rate of 18% per annum. The plaintiff is entitled to the said rate of interest both by the usage in trade as also by virtue of the provisions of the Interest Act, 1981.

The plaintiff is likewise entitled to future and pendentelite interest at the rate of 18% percent per annum as agreed to between the plaintiff and the defendant. Further even by usage and trade, the plaintiff is entitled to the said rate of interest. The plaintiff is also entitled to interest by virtue of the Interest Act. 1991.

10. The plaintiff has come to know that the defendant is in the ownership and possession of property bearing Municipal No…… The plaintiff has come to know that the defendant after being served with the notice by the advocate of the plaintiff has been approaching various property dealers in order to sell and dispose of the said property with a view to defraud and defeat the plaintiff. The plaintiff apprehends that the defendant is taking steps to sell and or dispose on the said property. It is submitted that otherwise the defendant does not have any other assets against which the decree in the suit can be satisfied. It is submitted that grave loss and injury would be caused to the plaintiff if the defendant is permitted to dispose of, sell and / or alienate the said property bearing………..

11. The plaintiff has an extremely strong and prima facie case against the defendants which is based on the non-payment of admitted dues by the first defendants, and the defendant has in fact admitted the said debit the due.

12. It is in the interest of justice that this Hon’ble Court may be pleased to issue an injunction restraining the defendant from in any manner alienating, creating any charge or interest disposing off the said immoveable property at…………….

13. This application is made bonafide and is in the interests of justice.

14. The purpose of this application and indeed the plaint, and the ends of justice would be defeated unless ex-parte ad-interim orders as prayed for are issued for injunction.

In the premises, it is most respectfully prayed that this Hon’ble Court may be pleased to:

(a) issue an ex-parte ad-interim injunction against the defendant restraining and prohibiting the defendant from in any manner creating any charge, mortgage, liability interest or in any manner alienating by sale or otherwise the property situate at ………… during the pendency of the said suit.

(b) make the ad-parte order prayed fro in para (a) above absolute upon return of notice.

(c) pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of this case.

PlaintiffThrough

Advocate

Note: Affidavit in support to be filed.

SUIT FOR SPECIFIC PERFORMANCE

IN THE COURT OF THE …………….

A.B.C………………………..………. Plaintiff

Versus

C.D.F……………………………..Defendant

The above named plaintiff, states as follows:

1. By an agreement dated………….. day of…………… and is signed by the defendant, he contracted to buy from ( or sell to) the plaintiff certain immovable property therein described and referred to, for the sum of Rs…….

2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.

3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.

4. (Facts showing when the cause of action arose and that the Court has jurisdiction)

5. The value of the subject-matter of the suit for the purpose of jurisdiction is Rs………. And for the purpose of court-fees is Rs……..

5. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property ( or to accept a transfer and possession of the said property) and to pay the cost of the suit.

Dated……….. Plaintiff

Through

Advocate

SUIT FOR SPECIFIC PERFORMACNE OF PURCHASING LAND

IN THE COURT OF THE ………………….

Suit No…………………of………………

A.B.C………..……………..…………. Plaintiff

Versus

C.D.F………………………………Defendant

The above named plaintiff, most respectfully submits as follows:

1. Status of the plaintiff and the status of the defendant, Notices and processes to the plaintiff and the defendant are to be served in the addresses shown above.

2. On ……….day of…………… the plaintiff and the defendant entered into an agreement, and the original document is hereto annexed and marked as Annexure…………. (or, on the………… day of …………… the plaintiff and the defendant mutually agreed that the plaintiff should sell to the defendant and the defendant should purchase from the plaintiff ………area of land in the village of ……. for …………………..rupees).

3 On………… day of ……………. The plaintiff, being then the absolute owner of the property and the same being free from all encumbrances …………, tendered to the defendant a sufficient instrument of transfer of the same (or, was ready and willing, and is still ready and willing, and offered to transfer the same to the defendant by sufficient instrument) on the payment by the defendant of the sum agreed upon.

4. The plaintiff gave a registered notice dated ………….. received by the defendant …………. On……………….. to attend office of Sub-Registrar land aforesaid and have the sale deed duly registered as executed by the plaintiff on payment of the aforesaid price due. However, the defendant did not appear in the office of Sub-Registrar aforesaid up to 4 p.m. on the day aforesaid, even though the plaintiff remained there from after giving intimation of the fact of his appearance and presence to the Sub-Registrar aforesaid.

5 The cause of action arose on ………………… when the defendant did not appear before the Sub-Registrar aforesaid even after notice and pay the money of the purchase price as agreed, and this Court has jurisdiction to try the suit.

6. The suit is valued at Rs……………. The proposed and agreed sale price of the land aforesaid, and Rs…………… for the purpose of court fee, and court fee is paid thereon.

7. The property situates at………. Which is within the territorial jurisdiction of this court and this court has the jurisdiction to try the case.

PRAYER

This Hon’ble court may be pleased to pass:-

(i) A decree in favour of the plaintiff directing the defendant for specific performance of the suit by executing a registered sale deed.

.

(ii) Alternatively to pay liquidated damage of rupees…………. to the plaintiff with interest at the rate of ….% from the date of the suit till realization.

(i) Costs of the suit this court deems fit and proper.

Dated this the ……day of …….2009.

S/dPlaintiff

Through

Advocate

Verification.Solemnly signed and verified by the plaintiff on……….. at……,who is personally known to me.s/d.counsel for the plaintiff.

A SUIT FOR DISSOLUTION OF PARTNERSHIP

AND RENDITION OF ACCOUNTS

IN THE COURT OF ……………., DELHI

SUIT No. …………./2009

Name & Address Plaintiff

Versus

1. Name & Address

Defendants

2. Name & Address

SUIT FOR DISSOLUTION OF PARTNERSHIP U/S 44(…) OF THE INDIAN

PARTNERSHIP ACT……….. AND RENDITION OF ACCOUNTS

Sir

The plaintiff above named respectfully submits as under:

1. That the plaintiff and defendants were partners in a firm by the name of Ram Lal

Shyam Lal Associates, doing business of import and trade in computer parts.

Certified copy of the original partnership deed is herewith annexed as Annexure

P1.

2. That the said partnership firm was registered with the registrar of firms and

societies with registration no. …………….. dated ……………… wherein the names of

plaintiff and defendants appear as partners thereof.

3. That the plaintiff was not concerned with the day to day affairs of the firm as he

was just like a sleeping partner and defendant no. 1 was looking after the entire

work and was responsible for maintenance of accounts of the firm as well as

other things.

4. That the profit sharing ratio of the firms was plaintiff 50% defendant No.1 25%

and defendant No.2 25 %.

5. That the accounts of the firm were being maintained on financial year basis.

6. That for several years the business of the firm continued smoothly. However in

the last one year the problem has arisen as defendant No. 1 is bent upon securing

loans from various agencies in the name of the firm without consent of other

partners and is therefore raising the liability of the partnership firm which is not

in the interest of the firm.

7. That the said act of the defendant No. 1 is causing deliberate loss to the firm as

well as to other partners as the firm is not in need of funds and that the

defendant No. 1 has raised funds on loan from others with mala fide intentions.

8. That the defendant No. 1 has no right to any loan in the name of the firm without

the written consent of other partners as per the partnership deed executed

between the parties.

9. That the partnership was created with a clear understanding that if any of the

partners do not adhere to the terms and conditions of the partnership any other

partner will have the right to get it dissolved and in case other partners do not

agree for dissolution, the partner can seek the dissolution through intervention

of the court.

10.That the cause of action for filing the suit arose on ………. When defendant No. 1

raised a loan in the name of the firm from an outsider.

11.That the value of the suit for the purpose of the court fees and jurisdiction has

been fixed at Rs. ……………. tentatively on which the court fees of Rs……….. has

been affixed.

12.That the partnership firm is registered at …………….. . The business of the firm

was done at …………. as such the ………….. courts have the jurisdiction to try and

adjudicate the suit.

The plaintiff prays for the following reliefs :

i. That the partnership firm between the parties by the name and style of Ram

Lal Shyam Lal Associates may be dissolved and the defendants be directed to

render full and true accounts of the business.

ii. Any other relief(s) which this court deems fit and proper may be awarded in

favour of the plaintiff and against the defendants.

iii. Cost of the suit may be awarded in favour of the plaintiff.

Plaintiff

Place ………………. Through Counsel

Date ……………….

Verified at …………………. On this ………………….. day of ……………………2004 that the contents of paras No. 1 to 9 are true and correct to my knowledge and contents of paras

No. 10 to 12 are believed to be correct on the information received and believed and last para is prayer before the court.

APPLICATION FOR EVICTION OF TENANT

IN THE COURT OF RENT CONTROLER

Rent control petition No………. 2009

Name……………………….petitioner.

Name……………………….Respondent.

Under Section 14(1)…. of the Delhi Rent Control Act 1958.

1. Municipal No. of the premises and name If any

2 Street and Municipal ward or division in which the premises are situated

As above

3. (a) Name and address of the landlord

(b) Name and address of the tenant / tenants

(a) As per the title in the petition i.e. petitioner

(b) As per the title in the petition i.e. respondents

4. Whether the premises are residential or non-residential

Residential

5. In the case of residential premises, the number of persons occupying the same and in the case of non-residential premises the purpose for which these are used and the number of employees if any, working therein

Respondent No.2 is living in the premises along with his family members.

6. Whether any furniture is supplied by the landlord

No.

7. Details of fittings of any, provided by the landlord

Electricity, water and sanitary fittings

8. Details of accommodation available together with

Three bed rooms, drawing-cum-dining, bath and latrine (i.e. entire first

particulars as regards ground area garden and out houses if any, (Plan to be attached)

floor) portion of servant quarter on second floor (more specifically shown red in the site-plan)

9. Whether the premises are occupied by a single tenant or by more than one tenant

Single tenant

10. Amenities available in regard to lighting water, sanitation and the like

Water, electricity and sanitation

11 Monthly rent together with detail of house tax, electricity, water and other charges paid by the tenant.

Rs……….- per month excluding electricity and water charges

12 (a) Date of completion of construction of the premises and the cost thereof

(b) Whether completion report was obtained from the local authority and the date of thereof

……………

Yes, it was obtained

13 Reteable value as entered in the last property assessment book of the Delhi Municipal Corporation, New Delhi Municipal Committee or the Delhi Cantonment Board, as the case may be.

As per municipal record

14. Date on which the premises were let to the tenant and details of agreement, if any, with the landlord (Attested copy of the agreement to be attached)

15th day of ……………. As per written agreement, the original of which is with Respondent No.1

15 Whether the rent of the premises has been fixed under the Rent Control Act, 1952 or the Delhi Rent Control Act, 1958 and if so the amount of such rent and the date from which it took effect

Not Applicable

16 Whether there are any subtenants, and if so, the date of

Not Applicable

such sub letting, accommodation sub-let, whether with or without the written consent of the landlord and the rent charged from the sub tenant.

17 Whether any additions or alteration have been since the rent was fixed at stated under Item No.15, and if so the date of which such addition or alteration were made, the cost of such addition or alteration an whether they were carried out with the approval of the tenant or the Controller

The petitioner has not inspected the premises for the last so many years and the she cannot say whether any addition or alteration has been made.

18 (a) The ground on which the eviction of the tenant is sought

(b) Whether notice required has been given and if so, particulars thereof (Copies of such notice and tenant’s reply if any, should be furnished)

(ii) The petitioner is the owner-landlord of the entire premises while the respondents are the tenants as per lease agreement dated…….(iii) The premises was taken by respondent No.1 for use and occupation of respondent No.2 and since the date of the lease deed, respondent No.2 is living in the premises.(iv) Respondent No.2 with the help, aid and assistance of Respondent No.1 has, after the commencement of the Act, built and acquired the vacant possession of a residential premises at ……………… New Delhi

No notice is required

19 Any other relevant information The petitioner filed an earlier suit bearing No…… in the Court of Sri………… Additional Rent Controller, Delhi

20 Relief claimed It is, therefore, respectfully prayed that a decree of eviction may kindly be passed in favour of the petitioner and against the respondents in respect of the entire first floor and a servant quarter on the second floor in the premises bearing No…… (more specifically shown red in the site-plan). Cost of the petition may also be allowed to the petitioner and against the respondents.

Any other relief which the Hon’ble Court deems fit and proper under the Circumstances may also be granted to the petitioner and against the respondents.

verificationS/d

Petitioner. s/d.

counsel for the petitioner.

APPLICATION UNDER ORDER 40 RULE 1 CPC FOR APPOINTMENT OF RECEIVER

IN THE COURT OF………………I.A.No………..2009.

INSuit No………2009.

A.B.C………………….. Petitioner/Plaintiff

Versus

D.E.F………………….. Respondent/Defendant

The applicant most respectfully showeth us under:

1. That the present suit has been filed by the Applicant / plaintiff for the eviction of the defendant from the plaintiff’s factory situated at …………. Due to expiry of lease on ……………….. and for recovery of possession of the factory.

2. That the factory under the style of …………..situate at …………… was leased to the defendant by the plaintiff with all electric fittings furnishing etc. under a registered lease deed dated ………… for the period of…………. Years expiring on ………….at a monthly lease rent of Rs………… per month.

3. That the defendant approached the plaintiff for renewal of the lease for another term of 3 years put as the plaintiff requires the factory premises for his own use, the plaintiff refused to renew the lease for a further period of 3 years.

4. That the defendant has started damaging the properties of the factory in order to harass the plaintiff and has also not paid monthly lease for a period of six months that is from ………… to………………

5. That in the circumstances it is expedient in the ends of justice and for proper management of the factory it is necessary that the receiver be appointed by the court to take possession of the factory.

PRAYER

It is must respectfully prayed that this Hon’ble Court may be pleased to

1. appoint a receiver for the aforesaid purpose on the terms and conditions as may be considered proper by this Hon’ble Court.

2. Any other order or relief which this Hon’ble Court may be fit and proper.

Dated this the ……….day of………..2009.

s/d

Applicant / Plaintiff

s/dAdvocate

AFFIDAVIT

IN THE COURT OF …………………..

Suit No………………..

A.B.C………………. ………. Plaintiff

Versus

D.E.F………………. ………...Defendant

AFFIDAVIT

I, ……………….. son of …………… aged …………………R/o ………….. do hereby solemnly affirm and declare as under:

1. That I am the plaintiff in the above mentioned suit and being fully acquainted with the facts and circumstances of the case, am competent to swear the present affidavit.

2. That the contents of the accompanying application under Order 40 Rule 1 CPC are true and correct to my information and the legal submission are true to advice received and believed to be true.

Verified at ……….. on this …………. Day of …………. that the contents of the above affidavit are true and correct and nothing has been concealed there from.

Deponent

Solemnly affirmed and signed by the deponent who is personally known to me on this the ……day of ……2009 at my office at………

Sd/-

IN THE COURT OF --------------, DELHISUIT No. ………../2009

Name & Address ……………Plaintiff

Versus

Name and Address ……………. Defendant

Application under order 26 Rule 9 CPC on behalf of plaintiff for appointment of

Local commissioner

Sir,

The above named plaintiff respectfully submits as under

1. that the plaintiff have filed abovementioned suit for possession and damages

against the defendant which is pending adjudication before this hon’ble court.

2. that during the pendency of the case the defendant had mouth of the discharge

pipe on the second floor and is continuously throwing water in it which has

resulted/caused seepage to the first floor and ground floor occupied by the

plaintiff/landlord. It is submitted that seepage is so high that one can feel it by

touching the wall.

3. that when the plaintiff tried to get discharge pipe repaired and requested

defendant threatened him with dire consequences and shouted that he would

continue to throw water in the discharge pipe.

4. that in view of the facts and circumstances it would be just and requisite that a

local commissioner may be appointed who could get the discharge pipe repaired

so that the damage caused to the plaintiff property by seepage could be stopped.

It is therefore most respectfully prayed that the hon’ble court may be pleased

to appoint a local commissioner with direction to him to visit the suit property No.

…….. and get the discharge pipe repaired so that damage caused through seepage

could be stopped.

Any other order, further order which this court may deem fit and proper may

also be passed.

It is prayed accordingly.

Plaintiff

Delhi through

Dated:

Counsel

Counsel for the petitioner.

[ Note: this must be supported with an affidavit duly attested]

APPLICATION FOR ANTICIPATORY BAIL BEFORE THE HIGHCOURT

IN THE HIGH COURT AT NEW DELHI (CRIMINAL MISCILANEOUS

JURISDICTION)

CRIMINAL MISC. APPLICATION No. ……………………/2009

R S/o M residing at ………… ………… Petitioner

Versus

State ……………Respondent

An application for anticipatory bail under section 438 of Code of Criminal

Procedure.

To,

The Hon’ble Mr. Chief justice and

His companion justice of the said

Hon’ble court

The humble petition of the petitioner above named most respectfully showeth as

under :

1. The petitioner is a law abiding citizen and has not been involved in any

offence.

2. That the petitioner is a reputed person being in service of tata iron and steel

company Ltd. and an assessee under the income tax act, 1961.

3. That the petitioner is residing at …………………….

4. That due to some enmity his rival D. Kumar S/o C.N. Kumar has lodged a

complaint against the petitioner for the alleged offence of cheating and

forgery.

5. That the intention of the complaint is only to harass the applicant and to

tarnish his image in the society and in the tata iron and steel company Ltd.

particularly.

6. That your petitioner has every apprehension that the police may arrest and

put him in jail to harass and cause mental torture and physical inconvenience

in connection with the said complaint,

7. That in the interest the petitioner’s plea for anticipatory bail should be

allowed and the petitioner undertakes to abide by all the terms and

conditions of the bail.

8. That if the anticipatory bail is not granted to the petitioner, he shall suffer

irreparable loss or injury.

9. That the application is made bona fide in the interest of justice.

In the circumstances the petitioner humbly prays :

That your lordship may be pleased to direct that in case the petitioner is arrested

in connection with the above noted complaint he shall be forthwith released on

bail.

Your lordship may pass such other order or orders as may be deemed fit and

proper.

And your petitioner as in duty bound shall ever pray

Signature of Advocate Signature of the Petitioner

APPLICATION FOR BAIL BEFORE THE HIGH COURT

( under section 439 of Code of Criminal Procedure)

In the high court of …………………. (Criminal miscellaneous Jurisdiction)

X .…….. ( in jail custody) S/o ………, residing at …………….. Petitioner

Versus

State of …….. ……………... Respondent

An application for bail under section 439 of Criminal Procedure Code.

To,

The Hon’ble Mr. Chief Justice and

His Companion Justices of the

Said Hon’ble Court.

The humble petition of ………………. the above named petitioner most respectfully

showeth:

1. The petitioner is a law abiding citizen and has not been involved in any

offence.

2. That the petitioner is respectable person engaged in social service and is

retired government servant and is also a income tax payer

3. That one Shri …………….. that de facto complainant has lodged a FIR in the

police station …………….. against the petitioner implicating him in the criminal

case.

4. That the police has investigated the case and has not found any evidence

against the petitioner.

5. That your petitioner applied before the Sessions Judge, Alipur in Criminal

Miscellaneous Case No………………….. or, …. Day of …….. but learned Sessions

Judge has refused the bail.

6. That your petitioner is in the jail for over a month and the police has duly

interrogated him during the police custody and any further detention of this

petitioner under the bail is not necessary for the purpose of investigation of

the case.

7. That your petitioner has his permanent residence at ……………….. and is a

retired government servant. Presently engaged in social work and has

absolutely no chance of absconding.

It is therefore most respectfully prayed that the petitioner be allowed the bail

and be kindly granted any such other order as may be deemed fit in the

circumstances of the case. And for this your petitioner shall ever pray.


BAIL PETITION BEFORE THE SESSIONS JUDGE

(Under Section 439 of Criminal Procedure Code)

In the court of sessions judge at Alipur, 24 Paraganas, West Bengal,

Case No. …………. of ……………… 2009

X …………………. S/o R …………………. Petitioner/Accused

Versus

The State of …………….. Respondent

Bail application filed by accused under Section 439 of Cr.P.C.

To

The humble petition of the accused most respectfully showeth:

1. That your petitioner was convicted by the Sub-Divisional Judicial Mgistrate,

Alipore under section 379, IPC on ………………………..200… and sentenced to 3

months rigorous imprisonment.

2. That against the said conviction and sentence your petitioner has filed a bail

which is pending before this Hon’ble Court.

3. That the type writer alleged to have been stolen by the petitioner. It was

purchased by a shop on …………………….., 200….. for a sum of 15000/- and for

which a cash memo has been issued by the shop keeper in favour of your

petitioner.

4. That your petitioner was a bona fide purchaser of a type writer and had no

knowledge that the type writer in question was a stolen property.

5. That your petitioner is a typist and runs a typing institute where he imparts

training to students.

6. That your petitioner is a man of reputation in his Mohalla and there is no chance

of his absconding.

7. That in the interest of justice the bail petition has moved by the petitioner. It

should be accepted and bail should be granted.

8. Unless the bail is granted to your petitioner he shall lose of his regular

customers.

9. That the petitioner undertakes to obey all the terms and conditions of the bail

and also undertakes to attend the court of the learned Magistrate as and when

required.

10.That the petitioner is bona fide and made in the interest of justice.

11.In the circumstances the petitioner humbly prays Your Lordship:

To order giving a direction for the release of the petitioner on bail or pass such other

order as may be deemed fit and proper.

And your petitioner, as in duty bound, shall ever pray.

Signature of the Advocate of the Petitioner

Signature of the Petitioner

BAIL PETITION BEFORE THE MAGISTRATE DURING POLICE ENQUIRY UNDER

SECTION 437, Cr.P.C.

IN THE COURT OF MAGISTRATE

BAIL APPLICATION No. …………………… of 200…….

Accused………………S/o……………………… Petitioner

Versus

State of U.P. ……………………………………... Respondent

In the matter of : A petition for bail of accused ………………, during police enquiry.

That the humble petition of the accused …………………….. most respectfully showeth:

1. That your petitioner was arrested by police on ……………day of ……………. 200… on

suspicion.

2. That no charge sheet has been filed by the investigating officer although more

than a month has passed since then.

3. That the arrest of the petitioner was made in connection with the burglary

alleged to have taken place in the house of ……………………………..

4. That your petitioner has reasons to believe that said ……………………..who has

been keeping grudge against your petitioner and who has been looking after his

case has falsely implicated petitioner in the case

5. That your petitioner is innocent and has a clean history behind him.

6. That in case your petitioner is granted bail he will not abscond and willfully

cooperate with the police.

7. That this petition is made bona fide in the interest of justice.

8. Your petitioner prays that this Hon’ble Court may kindly be pleased to call for

the record and direct the release of your petitioner on bail after perusing the

same.

And the petitioner, as in duty bound shall ever pray.


Application for maintenance by wife underSection 125 of Code of Criminal Procedure, 1973

IN THE COURT OF ..................................... AT

Application No. .................................... of 2009

Mrs ...............................................D/o.... ....................………………Residing at ……...................... .... .Police Station.............…….....…....District ............……….. ……………..Applicant

Versus

Mr. ...............................................S/o.... ....................………………Residing at ……...................... .... .Police Station.............…….....…....District ............……….. …………Opposite party

APPLICATION UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE, 1973 FOR MAINTENANCE ALLOWANCE.

It is most respectfully submitted as under :

1. That the petitioner is legally married wife of the opposite party. The marriage was solemnized according of Hindu rites at ....... on .......

2. That the opposite party is a man of uncertain temperament and behaviour. He is habitual of using abusive and filthy language. He has been treating the petitioner as a bonded labour and no person of pride can live with him.

3. That on ....... the opposite party lost his temper, abused the applicant and threw her away from the matrimonial house in presence of several gentlemen of the locality.

4. That after being thrown out from her matrimonial house the applicant came to her parents on ..... and has been living with them since then.

5. That the applicant made several attempts to get maintenance allowances from the opposite party as the applicant has absolutely no independent income whatsoever and the opposite party is living a decent life as his father has left several lacs of rupees behind him which is now in possession of the opposite party. Besides that, the petitioner is owner of a business concern and has an income of approximately 1,50,000/- from his business as is evident from his income tax return. A copy where of has been annexed hereto.

6. That the opposite party was served a notice by lawyer of the applicant, which the opposite party has not cared to reply. The lawyer of the applicant has asked the opposite party to provide Rs……….. per month to the applicant by way of maintenance allowance.

7. That since the applicant has no independent income of her own and the financial position of the parents of the applicant is not good, a sum of Rs. ………. per month should be paid to the applicant by the opposite party by way of maintenance.

8. That since the opposite party is of uncertain temperament, the payment of the maintenance allowances should be secured by a charge on his house No. ......................... situate at ......................

9. That this application is made bonafide and in the interest of justice.

10. That if orders are not passed as prayed for, the applicant shall suffer irreparable loss.

PRAYER

It is therefore respectfully prayed that -

(a) The opposite party be kindly directed to pay a sum of Rs.4000/- per month to the applicant by way of maintenance to the applicant.

( b) Pendentelite maintenance may be granted to the applicant.

(d) Any other relief which this court deemed fit and proper in the circumstances of the case may also be granted.

Dated this the ……day of …… 2009.

S/d.

Applicant.

S/d.

Counsel for the applicant.

AFFIDAVIT.

(CAUSE TITLE)

I .... ..........…… ........ D/o ....……................. W/o .......……………….......... ....do herebysolemnly affirm and state that :

1. I am the applicant here in and as such I am fully acquainted with the facts stated in this application.

2. All the facts stated herein are true to my knowledge and I believe it to be true.

3. No material has been suppressed nor any part of the application is false.

All the facts stated above are true to the best of my knowledge, information and belief.

S/d.Deponent.

Dated this the …….day of ……..2009

Solemnly affirmed and signed by the deponent before me on this the ....day of ……at ................... ..........

Signature

Advocate

IN THE METROPOLITAN MAGISTRATE COURT,DELHI.

CRL. M.P. NO. ……………….. OF 2009

IN

C.C.NO. …………………. OF 2005

IN THE MATTER OF :

Raju …….………….. Petitioner

Versus

State ……………… …….…………... Respondent

AN APPLICATION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE

FOR COMPOUNDING THE OFFENCE

The petitioner is the accused in crime no…. of ….police station and a case is pending

before this court as case no……..

That the parties have agreed to compound the offence and the petitioner seeks

indulgence of this Hon'ble Court to compound the offence under Section 320 of the

Criminal Procedure Code.

It is submitted that as per Section 320 of the Criminal Procedure Code the offence

under Section 324 is compoundable with the permission of the Court by the person to

whom hurt is caused.

The persons to whom the hurt is caused, the defacto complainant in the instant case has

agreed for compounding the offence and the affidavit on behalf of him is filed along with

this Petition.

Therefore the application for compounding the offence is filed before this Hon’ble Court.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:-

(a) Grant permission under Section 320 Cr.P.C to compound the offence pending

against the petitioner under Section 324 I.P.C in C.C.No………… on the file of Metropolitan

Magistrate.

(b) Pass such other order or further orders as this Hon'ble Court may deem fit and

proper in the circumstances of the case.

Dated this the ……..day of …………2009.

s/d.

petitioner

s/d.

ADVOCATE FOR THE PETITIONER

s/d.

complainant.

NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882.

Registered A.D.

Dated ..........................

To

XYZ

..........................

Dear Sir

Under instructions and on behalf army client Shri .........:................ I hereby serve you this notice as in the succeeding paragraphs:

1. That you are tenant of my client in the premises situate at .......................... on a monthly rental of Rs. ..........................

2. That your tenancy commences from the 7th day of every English Calender month.

3. That by this notice your tenancy is hereby terminated with effect from ......................... day of ............... 19.......................

You are hereby advised to handover peaceful vacant possession of the abovesaid premises on or before .......................... In case you failed to handover the peaceful vacant possession, I have instructions from my client to initiate necessary legal proceedings for your eviction in a court having jurisdiction in the matter at your risks and costs.

I have kept a copy of this notice in my record for future necessary action.

Yours faithfully

…………………

Notice to public officer.

Registered Address

From:

Advocate .................

To

The Trade Tax Officer

Sector......................

Circle..........

Uttar Pradesh.

Subject: Notice under Section 80 of the Code of Civil

Procedure,

1908.

Dear Sir,

Kindly be notified as under:

1. That my client ……………………………S/o ……………. residing at …………………… is building

his own house at plot No. …………………….. located on ……………… road in the city

of................

2. That my client purchased 400 bags of cement from J.P. Industries Ltd. from their

Rewa unit vide invoice No. ……………… dated ................

3. That the transporters at Rewa demanded Form No. 32 prescribed under the U.P.

Trade Tax Act, 1948 without which goods can not be transported into the State of Uttar

Pradesh.

4. That my clients moved an application on prescribed form and payment of prescribed

fee under the said Act for issue of two numbers of Form No. 32. My said clients also

enclosed with the application photo copies of invoice issued by the J.P. Industries Ltd,

letter dated ……………… from the …………. Development Authority regarding sanction of

the plan of the proposed building and certificate of an engineer regarding requirement

of 400 bags of cement in the proposed construction.

5. That for reasons best known to you. You rejected my application on the advice of your

Steno. Who is neigh hour of the said 'client and relations between the said steno and my

said client are extremely strained.

6. That you used abusive language and asked my client to get out of the office.

7. That your action was wholly unworthy of a public servant and illegal, mala fide.

8. That my said client has instructed me to institute a civil suit against you after serving

on you a notice under Section 80 of the Code of Civil Procedure, 1908.

9. That a draft plaint proposed to be filed against you in the Court of ……………….. at

………………… is appended herewith.

10. That accordingly I hereby give you notice that proper and satisfactory amends are

made and a sum of Rs………….. is paid to the said client and Form No. 32 is issued to him

in two numbers Within two months of delivery hereof. I have instruction from my said

client to institute a civil suit against you in the court mentioned in the appended plaint

on the cause of action arising on and for

relief appearing in the said draft plaint, which should be read as part of this notice and

in that case you shall be liable to costs and the consequences including cost of this

notice.

You are therefore requested please to make suitable compliance of this notice.

Given on this ………………… day of ………………….. in the year ………………………….

at……………………

under my signature and seal.

Yours faithfully

Notice to Railways

Registered Address

From:

Advocate……………….

To

The General Manager,

……………..Railway,

..................................

Subject: Notice under Section 80, of the Code of Civil Procedure and under Section 106

of the Railways Act, 1989.

Dear Sir,

Under instruction and for and on behalf of my client ……………….. S/o..............

residing at …………………….. I hereby give you notice under Section 80 of the Code

of Civil Procedure and Section 106 of the Railways Act, 1989 as under:

1. That my clients delivered 400 bags of potatoes each containing 80 bags to the station

master for being transported to and to be delivered thereto the

consignee of the goods.

2. That the consignment was accepted for being transported to the required destination

and Railway Receipt No. ……………………….. dated ………………………… was issued to my said

client.

3. That the consignee of the goods is M/s………………….. carrying on their business

at ................

4. That more than 6 weeks passed since booking of the said consignment but it did not

reach the destination.

5. That consignor made several enquiries and after great efforts the railway wagon

containing the consignment was traced in the railway yard at Moghal Sarai on

……………………….

6. That when the wagon was unlocked the entire consignment of potatoes was found

fully damaged wholly unfit for human consumption.

7 That damage certificate was issued to my said client which has been annexed hereto.

8. That claim for compensation has been lodged with the Chief Commercial

Superintendent who has registered the claim under file No. ...........................

9. That more than eight months have passed but the claim has not been settled as yet.

10. That the cause of action arose …………………… and the claim of my client is within

time..

11. That my client has claimed relief as under:

(a) Price of 400 bags of potatoes............... Rs. . . . . . . . . . . . . . . . . . . . . .

(b) Transportation charges and loading

Rs. . . . . . . . . . . . . . . . . . . . . .

and unloading charges upto delivery

to Railway at .................

(c) Freight paid to Railways vide R.R. Rs. . . .. . . . . . . . . . . . . . . . . .

No. ……….date.................

Total sum payable by railways to my client Rs. …………………………

This notice is therefore served on you under Section 80, C.P.C. and 106 of the

Railways Act, 1989 whereby you are called upon to settle the claims of my aforesaid

client within a period of two months from the date of delivery of this notice failing

which a civil suit for recovery of the said amount together with interest thereon at the

rate of 18 percent per annum shall be brought against the Union of India through.........

Railway holding the said Government and the said Railway liable for the costs and the

consequences as well.

Given under my signature and seal on this …………………… day of ………………….. in the

year …………………. at .................

Yours faithfully

Annexure: As above.

Notice to the Central Government (u/s 80 of C.P.C., 1908)

Registered Address

From:

.......................

Advocate .....

To:

The Secretary.

Government of India.

Ministry of ...............

Department of .........

New Delhi.

Subject: Notice under Section 80 of the Code of Civil Procedure. 1908.

Dear Sir.

Under instructions from my client …………. S/o ……………….. residing at …………………… I

hereby give you this notice under Section 80 of the Code of Civil Procedure, 1908 as

under:

1. That

2. That

3. That

4. That

5. That cause of action arose on …………………. when .................

6. That relief claimed by my client is ...............

7. Therefore please be notified under Section 80 of the Code of Civil Procedure. 1908

that if the relief claimed by my client is not granted to him, he will be compelled to

institute a suit against the Government of India in Court of competent jurisdiction and in

that event the Government of India shall be liable to costs and consequences also.

Given under my signature and seal on this………………. day of ……………………. in

the year …………………

Signature of the Advocate

Solemnly affirmed by

……………………..

On this …………….

At …………………… Signature

Before me,

Advocate

NOTICE UNDER SECTION 434 OF THE COMPANIES ACT 1956 FOR INITIATING

WINDINGUP PROCEEDINGS

To,

Name & Address

Dear Sirs,

Under instruction from and on behalf of my client, Smt. IA, …………………. I serve you with

the following legal notice:

1. That you had taken a loan of sum of Rs. 2,50,000/- by way of cheque no…..

dated……. drawn on …………… on loan bearing interest @24% per annum out of

which 15% was agreed to be paid month after month and 9% was payable at the

time of returning the said loan amount of Rs. 2,50,000/-

2. That the said loan amount was taken by you through Addressee no. 2, Shri SM

who has family relations with my client and it was so agreed that the said

amount shall be paid on a notice of 24 hours at the time of marriage of daughter

of my client.

3. That you continued paying interest @ 15% per annum upto September, 2002 but

has failed to pay the interest since October, 2002.

4. That although you had promised to return the amount within 24 hours or

demand but have failed to return the amount even on persist at demand of my

client for ulterior and oblique motive.

5. That my client had been requesting you several times to return the amount but

all requests fell on gone to deaf ears

6. That the said loan amount was taken by you, addressee no.2, being in-change for

the day to day affairs of Addressee no.1 and was also the person who had taken

the cheque amount from my client personally as such this notice is being sent to

you being jointly and severally liable for the loan amount alongwith addressee

No.1

I, therefore, through this legal notice call upon you to pay the said amount within 3

weeks, the statutory period prescribed under S 434 of the Companies Act for initiating

winding up proceeding against the company otherwise legal consequences will follow

which please note shall be at your risk as to cost and consequences.

It may be treated as a notice for recovery of the amount as well as for initiating winding

up proceedings under S 434 of the Companies Act, 1956.

Advocate

NOTICE FOR SPECIFIC PERFORMANCE OF A CONTRACT

To,

Name & Address

Dear Sirs,

Under instruction from and on behalf of my client, …………………. I, serve you with the

following legal notice:

You know that you had executed an agreement for sale on ………… in favour of my client,

for the sale of ………………..(details of the property) for a sale consideration of

Rs………………. My client had paid an advance amount of Rs…………….. on the date of

execution of the agreement. As per the terms of the agreement the sale deed will be

executed on ……….. My client approached you on ………… for execution of the deed. But

you are not ready and willing to perform your part.

My client is always ready and willing to perform his part.

Hence, I call upon you to be ready on …………… and come to the registration Office for

registration of the deed and my client is ready with the balance money and he will wait

you there in the office.

Failing which my client will be constrained to take appropriate legal action against you

in a court of law and you are liable for the cause and consequence which you please take

note of.

Sd/-Advocate

Date

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT I, AB, etc., appoint EF, etc., my attorney in my name and on my behalf to execute or do all or any of the acts or things hereinafter mentioned, that is to say

(1) To appear and act in all the courts, civil, revenue or criminal, whether original or appellate, in the registration offices and in any other office of Government or District Board, Municipal Board or any other local authority;

(2) To sign and verify plaints, written statements, petitions of claims and objections, memoranda of appeals and petitions and applications of all kinds and file them in any such court or office;

(3) To appoint any advocate or any other legal practitioner;

(4) to compromise, compound or withdraw cases, to confess judgments and to refer cases to arbitration;

(5) To file and receive back documents, to deposit and withdraw money, and to grant receipts thereof;

(6) To obtain refund of stamp duty or repayment of court fees;

(7) To purchase property at court auction-sales in execution of my decrees up to the amount of the decree;

(8) To take delivery or possession of property in execution of my decrees or of property purchased for me at an auction-sale;

(9) To realize debts due to me, to collect rents from my tenants of houses and land and to receive any money due to me from any other person and to grant receipts and discharges for the same;

(10) To distrain the crops of my tenants for arrears of rent;

(11) To grant leases of my house property, lands agricultural and non-agricultural;

(12) To file suits for rent and ejectment of tenants, and, when expressly instructed by me, other kinds of suits;

(13) To apply to courts and officers for copies of documents and papers;

(14) To apply for the inspection of and to inspect judicial records;(15) To accept service of any summons, notice or writ issued by any court or

officer against me; and (16) Generally to do all lawful acts necessary for the above mentioned purposes.

Provided that the powers hereby conferred shall not extend to :-

(a) granting of an agricultural lease for a term over............years or reserving a yearly rent exceeding Rs........;

(b) granting of a lease of house property for a term over.........years or reserving a monthly rent exceeding Rs............;

(c) compromising or withdrawing a claim valued at more than Rs...........or involving property of a value exceeding Rs...........;

(d) borrowing any money or hypothecating any property or creating any charge thereon.

AND I hereby agree, that all acts, deeds and things lawfully done by my said attorney shall be construed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever that my said attorney shall lawfully do or cause to be done for me by virtue oJ the power hereby given.

IN WITNESS hereof I have signed this deed on this...............day of............

Witnesses.

1……………..

2……………..

WILL

Know all men by these presents:

This Will is made at ........................... on this ........................... day of ........................... by Shri ........................... Son of ........................... resident of .................. ..... (hereinafter called the 'Testator'):

1. I am making this the first and last Will of my own free will and without any coercion from any side and in my full sense and disposing mind in respect of my immoveable and moveable properties as mentioned in this Will.

2. I am the Owner of ........................... I hold lease right of the said ........................... vide lease deed executed in my favour by the .......................... . I have acquired the lease hold right of these…...................... out of my own savings and resources and have full right to dispose off the same.

3. I have made investments as per particulars hereinafter mentioned out of my own savings and resources and have full right to dispose off the same

(1) NSC Rs. ……………….(2) UTI Certificate No. ……….. No. of Units………..Rs. ...........................(3) I am also in receipt of Rs. .................... as pension per month.

4. I hereby bequeath and devise the above said immoveable property and movable property to my wife ........................... who shall inherit them absolutely with full rights to dispose off the same Or to sell it off if she so likes.

5. I bequeath and devise the monthly pension to my wife .......................... and she will be entitled to get the Family pension.

6. That this Will shall be irrevocable and I hereby declare that I have not made any other Will in respect of the aforesaid immoveable and moveable properties in favour of any other person.

7. As stated above, I am making this Will of my free Will without any coercion, fraud, or misrepresentation practiced upon me from any quarter whatsoever.

8. That I am in complete, Sound and disposing mind and I have understood the effect of this Will in favour of my wife, ........................... R/o....................

And I hereby appoint her the sole executrix of the Will.

In witness whereof the testator has signed this Will on the date, month and year first above written in the presence of the witnesses who have seen the testator putting

his hand and signatures to this last Will and have also signed in the presence of each other and in the presence of the testator.

Signature Testator

Signed by the above named Testator in our presence at the same time and each of us has in the presence of the Testator signed hereunder as an attesting witness.

1. …………………

2. …………………

AGREEMENT FOR SALE OF PROPERTY

An agreement made on this the ...................day of... ......... ..... ..between A, B of etc., (hereinafter called the vendor) of the one part and C, D of etc., (hereinafter called the purchaser) of the other part;

Whereas 'A' has agreed to sell and B has agreed to purchase the property detailed in the schedule annexed hereto.

Whereas the property aforesaid is free from all encumbrances.

Now it is hereby agreed :

1. That the vendor agrees to sell and the purchaser agrees to purchase the property known as...................and situate at.........with appurtenances thereof and more fully described in the schedule hereto...................free from encumbrances.

2. That the purchase-money shall be Rs...................The purchaser having paid to the vendor the sum of Rs............... part of the said purchase-money as a deposit (the receipt of which sum the vendor hereby acknowledges) shall pay the residue of the said purchase-money to the vendor on the day of................... when the purchase will be completed.

3. That if from any cause other than the willful default of the vendor the purchase is not completed on or before................ the purchaser shall pay to the vendor interest on the residue of the purchase-money at the rate of 5% p.a. from that date.

4. That the abstract of title will be delivered within a fortnight from the date hereof. The vendor's title shall begin with a sale, dated...................

5. That all requisitions or objections not made within ten days after delivery of the abstract shall be deemed to be waived, time in this respect being of the essence of the contract.

6. That the purchase shall be completed on the...................day of...................when the balance of the purchase-money shall be paid and the purchaser shall be entitled to the delivery of a proper sale-deed executed by the vendor.

7. That all expenses for preparation of the sale-deed and all expenses on account of stamp and registration shall be borne by the purchaser.

8. That any error or mis-statement or omission in the description of the property shall not annul the sale nor shall any compensation be allowed in respect thereof.

9. That the rents and profits of the property shall be received by or belong to the vendor and all outgoings and rates and taxes shall be discharged by him up to the time hereinbefore fixed for completion of the sale, and as from that date all

outgoings shall be discharged by and the rents and profits shall belong to the purchaser. The purchaser shall not be entitled to possession of the property and to rents and profits thereof until the completion of the sale.

10. That if the purchaser shall fail to comply with any of the conditions of this agreement, his deposit of Rs................... shall be forfeited and the vendor shall be at liberty to re-sell the property and any deficiency arising on re-sale and expenses incurred by him for effecting the re-sale shall be paid by purchaser as liquidated damages and any excess in price on re-sale shall belong to the vendor.

The Schedule above referred to containing description of the property sold is made part and parcel of this sale agreement.

In witness whereof the parties hereto have set their hand on this........... .day of.......... ..20........... ...in the presence of witnesses.

Signature of the vendor.

Signature of the purchaser.

Witness 1................... A, B...................

Witness 2................... C, D...................

Execution of sale-deed

THIS SALE-DEED is executed on this the ….. day of ……….. in the year ……………..between :

MN S/o OP aged.......... .... .years occupation....,......... .R/o..........,.... (as the vendor, which means and includes his, heirs, successors, executors, representatives or administrators etc.)

AndXY S/o BC aged....,......... .years occupation.,........... .R/o.............. .(as the vendee, which means and includes his heirs, successors, executors, representatives or administrator etc.)

That the vendor is the lawful owner and possessor, having sufficiently good and marketable title over the tenements, land, or premises (hereby intended to be granted and conveyed and referred hereinafter as the said property) as an absolute and indefeasible estate, free from all encumbrances.

And that the vendor has contracted with the vendee for the absolute sale of the said property to him for a consideration of Rs................ (Rupees...... ........ .only).

Now this deed witnesseth as follows-

That in pursuance of the agreement executed by the vendor on dated...............day of...............19...............and consideration of Rs................ (Rupees............. ..only) paid by the vendee to the vendor after deducting a sum of Rs................(Rupees...............only) which has been received as earnest money at the time of execution of agreement for sale at or immediately before the execution of this deed, the receipt whereof the vendor do hereby acknowledge and he as a beneficial owner of the said property do by this covenant, indefeasibly, grant, sell, convey and transfer unto the vendee free from encumbrances, attachment and other defects in title all that the said property mentioned specifically in the schedule attached herewith forever to his enjoyment and usage without any hindrance, interruption or disturbance on the part of vendor, who has exonerated and released his title and claim over the said property. The vendee shall be kept indemnified against loss, damages or expenses if any suffered by reason of any defect in title of the vendor or any breach of covenant contained herein.In witness whereof the vendor has set and subscribed his hand on this …….. day of……… in the year ….. at ………. in presence of witnesses.

Signature VendorWitnesses:

1................

2................

Deed of Simple Mortgage

THIS DEED OF MORTGAGE is made on the …………….. day of ………………….. BETWEEN

AB of, etc. (hereinafter called. the MORTGAGOR), of the one part and CD of etc.,

(hereinafter called the MORTGAGEE), of the other part, WITNESSES, that in

consideration of a sum of Rs. …………………. lent and advanced to the MORTGAGOR by the

MORTGAGEE the receipt whereof the MORTGAGOR does hereby and also by the receipt

hereunder admit, acknowledge and confirm, he, the said AB does hereby and hereunder

transfer and mortgage, as and by way of simple mortgage, unto and in favour of the said

CD, his heirs, executors, administrators or assigns, ALL THAT property specifically

described in the schedule hereunder, and charge and assure the same by way of security

for the repayment of the said sum of Rs…………………together with interest thereon at the

rate of……. per cent per annum: AND the MORTGAGOR does hereby agree and covenant

with the MORTGAGEE that he will pay or cause to be paid to the MORTGAGEE the

principal sum aforesaid, together with the interest then due, on or before the

…………….day of ………………… without delay or default AND THIS DEED further

witnesseth that it is hereby agreed and declared by and between the parties that in

case the said sum of Rs. …………………. with interest thereon at the stipulated rate is not

paid within the time and in the manner as aforesaid, it shall be lawful for the

MORTGAGEE to enforce this mortgage and to cause the property or any portion thereof

to be sold and appropriate the proceeds towards satisfaction of the mortgage debt

provided, however, that in the event of any shortfall or deficiency, i.e. should the claim

be not then satisfied, the MORTGAGEE shall be entitled to recover the balance if any as

against the MORTGAGOR who shall be entitled to redeem the said mortgage at his

option by payment of the amount of mortgage debt inclusive of interest at any time

before the ……………… day of ………………… AND THIS DEED further witnesseth that the

MORTGAGOR does hereby covenant with the MORTGAGEE that 'notwithstanding any

act, deed or thing here before done, executed, performed or suffered to the contrary, the

MORTGAGOR has good 'title, power and absolute authority to charge, assure and

mortgage the said property in the manner hereunder effected and that the same is free

from an encumbrances and attachments.

The Schedule above referred to

IN WITNESS WHEREOF the parties herein have executed these presents on the day,

month and year first above-written.

Signed, sealed and delivered by the

MORTGAGOR AB

Signed, sealed and delivered by the

MORTGAGEE CD

in the presence of:

Witnesses.

1……….

2……………

MEMO OF CONSIDERATION

Received a Cheque No. ……………………. dated ……………… for Rs. ………………………on Bank

etc.

Received payments

Sd/.

CD

DEED OF MORTGAGE BY CONDITIONAL SALE

THIS DEED OF MORTGAGE made on this the ………………… day of …………….. 2009

BETWEEN

AB son of …………………… residing at ……………………… hereinafter called the MORTGAGOR

(which term shall include his heirs, successors, executors, administrators and assigns)

of the one part AND CD son of ……………….. residing at …………………hereinafter called the

MORTGAGEE (which term shall include his heirs. successors, executors, administrators

and assigns) of the other part WITNESSES that in consideration of the sum of

Rs……………… paid to the MORTGAGOR by the MORTGAGEE (the receipt whereof the

MORTGAGOR hereby acknowledges) the MORTGAGOR dues hereby grant, transfer,

convey, assign and assure to the MORTGAGEE ALL THAT etc. To Have and to Hold the

same absolutely and for ever subject to the condition hereby expressly declared namely,

that if and when the MORTGAGOR shall repay or cause to be repaid the said Sum of Rs.

………………. with interest thereon at the rate of …………………. per cent per annum on or

before ……………….. day of ………….. time for which purpose shall be deemed as essence of

contract then and in such an event the sale hereby effected shall stand void and shall be

of no effect to intents and purposes and the MORTGAGEE shall at the costs of the

Mortgagor reconvey and retransfer the said property and every part thereof as existing

to the MORTGAGOR provided, however, that if the MORTGAGOR, fail and/or neglect to

repay the said sum with interest at the said rate on or before the said date, or any

portion thereof the sale hereby effected shall become absolute and the MORTGAGEE

shall be entitled to foreclose mortgage when and in such an event the MORTGAGEE shall

be the absolute owner of the property freed and discharged from all right of equity of

redemption of the MORTGAGOR, AND IT IS HEREBY further AGREED AND DECLARED

that notwithstanding anything hereinbefore contained the MORTGAGOR shall remain in

possession of the said property and pay all rents, cess, tax rates and other impositions

which are now or may hereafter be imposed on the said property and in case the

MORTGAGOR fails and/or neglects to make such payments on or before the due date of

payments therefore, the MORTGAGEE shall be at liberty to pay the same and add such

sum or sums to the principle money hereby secured which shall carry interest at the

aforesaid rate. And that the MORTGAGOR does hereby covenant with the MORTGAGEE

that he had good title to the property and absolute authority and power to transfer

same in the manner hereinbefore indicated and that the property is free from all

encumbrances and attachments whatsoever.


WITNESS WHEREOF the parties hereto have executed these presents on the day, month

and year first above-written.

Signed, sealed and delivered by AB

the MORTGAGOR in the presence of:

Signed, scaled and delivered by CD

the MORTGAGEE in the presence of:

Witnessess.

1……………..

2………………


Received of and from the MORTGAGEE the sum of Rs. …………………. being the

consideration by Bank Draft No……………. dated ……………. for Rs. ………………………. issued

by X Bank Ltd. payable in………..

WITNESES: Received

Signature of the MORTGAGOR

Deed of Usufructuary Mortgage

THIS DEED OF MORTGAGE is made on this ………………….. day of ………………….. 2009

BETWEEN AB son of …………………………. residing at ………………….. hereinafter called the

MORTGAGOR (which term shall include his heirs, successors, executors, administrators

and assigns) of the one part and CD son of …………………… residing at …………………………

hereinafter called the MORTGAGEE (which term shall include heirs, successors,

executors, administrators and assign)of the other part, WITNESSES that in

consideration of the sum of Rs. ………………….. paid by MORTGAGEE to the MORTGAGOR

at the time of the execution of this deed the receipt of which sum the MORTGAGOR

hereby acknowledges); the MORTGA GOR does hereby convey as and by way of

usufructuary mortgage to the MORTGAGEE ALL THAT etc. To Have and To Hold the

same and posses security until the repayment of the said sum with interest thereon at

the rate of Rs. ………………… per cent per annum. .

AND THIS INDENTURE further witnesseth and it is agreed and declared that the

MORTGAGOR hereby delivers possession of the said property to the MORTGAGEE who

shall retain such possession until payment of the said sum with interest is aforesaid and

shall receive the rent, issues and profits accruing from the said property and pay. all

rents, cesses, taxes and other impositions and

appropriate the balance firstly, in payment of the interest due and then in reduction or

payment of the principal sum advanced and that on such payment and satisfaction of

the whole of the principal sum and interest thereon the MORTGAGOR shall be entitled

to get back possession of the said property.

AND it is further agreed and declared that the MORTGAGEE shall at all times hereafter

until satisfaction of the mortgage debt take care of, manage and preserve the said

property as a person of ordinary prudence would manage it if it were his own and use

his best endeavours to collect the rents and profits thereof and make necessary

arrangements for maintenance, preservation and repair of the said property and keep

clear, full and accurate , accounts of all sums received and spent by him as MORTGAGEE

and furnish the MORTGAGOR at his cost true copies of such accounts and of the receipts

and vouchers by which they are supported.

AND it is furthermore agreed that in any event after expiry of.................. years the

mortgage debt shall be deemed as satisfied and extinguished out of the usufruct of the

property and the MORTGAGEE shall unconditionally reconvey the property to the

MORTGAGOR at his costs and expenses.


IN WITNESS WHEREOF the parties hereto have executed these presents on the day,




Signed, sealed and delivered by CD


Witnessess.

1……………..

2………………..


Received of and from Mortgagee the sum of Rs. …………………. Being the consideration by

Bank Draft No. ……………… dated ………………. For Rs. ……………………. issued by X Bank Ltd.

payable in……………..

WITNESSES: Received

Signature of the MORGAGOR

DEED OF USUFRUCTUARY MORTGAGE BY CONDITIONAL SALE

(ANOMALOUS MORTGAGE)

THIS DEED OF MORTGAGE made on this …………………. day of ………………. 2009

BETWEEN AB son of ………………… residing at …………………hereinafter called the

MORTGAGOR (which term shall include his heirs, successors, execution, administrators

and assigns) of the one part and CD son of ……………………… residing at ………………

hereinafter called the MORTGAGEE (which term shall include his heirs, successors,

executors, administrators and assigns) of the other part WITNESS that on consideration

of the sum of Rs……………….. now paid to the MORTGAGOR by the MORTGAGEE (the

receipt whereof the MORTGAGOR does hereby acknowledge), the said AB hereby

conveys to the said CD. All THAT, etc. (describe the property): from this day AND THAT

the MORTGAGEE shall be in possession of the mortgaged property under the terms of

the deed for securing payment on the …………….. day of …………….. of the principal sum

secured, with the interest thereon at Rs. …………………… per cent per annum,

which mortgage-money will be set off against the usufruct of the mortgaged property,

and the MORTGAGEE does hereby promise to keep clear accounts thereof.

The MORTGAGOR hereby agrees that the MORTGAGEE shall retain possession of the

mortgaged property until the principal sum together with the interest due be paid off

out of the proceeds of the property and on payment of the aforesaid sum, the

MORTGAGEE shall execute and register a release of the mortgaged property in favour of

the MORTGAGOR, AND THAT the MORTGAGEE shall not do, execute, perform, nor suffer

to the contrary any act, deed or thing whereby or by reason or means whereof the value

of the said property in his possession may be diminished or the same may otherwise be

prejudiced in title or estate.

The MORTGAGOR does also agree to pay the Government revenue and the municipal

taxes of the said property regularly, and in case he fails to make such payment, the

MORTGAGEE shall be at liberty to pay such revenue and: taxes, and such sum paid shall

be considered an additional principal sum advanced to the MORTGAGOR, and shall

carry interest at the rate stipulate above AND LASTLY, the MORTGAGOR also agrees

that if he, the MORTGAGOR does not pay the principal sum with the interest then due on

the stipulated date, this conveyance will become absolute and the MORTGAGEE will be

entitled to foreclose the mortgaged property, and thereafter the MORTGAGOR, his heirs,

executors, administrators or assigns shall be absolutely debarred of all the rights to

redeem the same.


IN WITNESS WHEREOF the parties hereto have executed these presents on the day,


Signed, Sealed and delivered by AB



MORTGAGEE in the presence of:

Witnessess.

1………………

2……………….


Received of and from the Mortgagee the sum of Rs. …………….. being the consideration

by Bank Draft No. .................... dated ……………. for Rs. ………………. issued by X Bank Ltd.

payable in ……………….

WITNESSES: Received

Signature of the

MORTGAGOR

DEED OF ENGLISH MORTGAGES

THIS DEED OF MORTGAGE made on this the ………………….. day of ………………….. 2009

BETWEEN AB son of ………………. residing at .........................hereinafter called the

MORTGAGOR (which term shall include his heirs, successors, executors, administrators

and assigns) of the one part and CD son of …………………. residing at ………………..

hereinafter called the MORTGAGEE(which term shall include his heirs, successors,

executors, administrators and assigns) of the other part.

WHEREAS the MORTGAGOR is absolutely seized and possessed or is otherwise well

and sufficiently entitled to an absolute estate of inheritance or an estate equivalent

thereto free from encumbrances to the lands, hereditaments …………… fully mentioned

and described in the Schedule hereto AND whereas the MORTGAGOR intending to

borrow a sum of Rs. ……………………. approached the MORTGAGEE which the

MORTGAGEE has agreed to lend and advance on having repayment thereof with interest

at …………………….. per annum and secured by a conveyance by way of mortgage of the

said property. Now THIS DEED witnesseth that in consideration of the sum of

Rs………………. this day paid to the said AB by the said CD (the receipt whereof the said

AB hereby acknowledges), the MORTGAGOR hereby agrees with and covenants to pay

to the MORTGAGEE on the …………………. day of ……………….. the sum of Rs…………………… ,

with interest thereon in the meantime at the rate of ............................ percent per annum

computed from the date of this deed such interest to be paid monthly and every month

on the 15th of every current month AND THIS DEED also WITNESSES that for the

consideration aforesaid the said AB as the beneficial owner, does hereby grant, transfer,

convey unto and to the use of the said CD ALL THAT etc. (describe the property): TO

HAVE AND TO HOLD the same absolutely and for ever PROVIDED ALWAYS that if the

MORTGAGOR shall pay or cause to be paid the sum of Rs……………. with interest thereon,

on the …………………… day of ………………….. , according to the foregoing agreement in that

behalf, the MORTGAGEE, shall, at the request and costs of the MORTGAGOR, reconvey to

him or them as he or they shall direct, the said property. AND THAT the MORTGAGOR

does hereby covenant unto the MORTGAGEE that the MORTGAGOR has absolute title to

the land hereditaments, and premises hereby granted and conveyed and that the

MORTGAGOR has good right, full 'power, absolute authority and indefeasible title to

grant, convey, transfer, assign and assure the same unto and to the use of the

MORTGAGEE in the manner hereinbefore indicated and further the MORTGAGOR and

all persons having lawfully or equitably any estate or interest in the same shall at all

times hereafter during the continuance of the security does execute or perform or cause

to be done executed and performed all such further or other acts, deeds and things as

may be reasonably required for further and more perfectly assuring the same unto and

in favour of the MORTGAGEE.

PROVIDED, HOWEVER, and it is further agreed by and between the parties that if the

MORTGAGOR commits any default in payment of the principal amount on the due date

or any three installments of interest, whether they have been demanded or not it shall

be lawful for the MORTGAGEE to institute a suit for sale and to have a Receiver

appointed over the mortgaged property.


IN WITNESS WHEREOF the parties to this Mortgage Deed have executed these presents

on the day, month and year first above-written.





Witnessess.

1………….

2………………


Received of and from CD the sum of Rs. …………………. being the loan amount for the said

mortgage.

received

Signature

WITNESS: Signature

PARTNERSHIP DEED (GENERAL)

This DEED OF PARTNERSHIP is executed on the ……………… day of ……….. 20…. by and

between:

Shri ………………………..S/o………….aged about ………… years, R/o …………………….. (Herein

after referred to as the, FIRST PARTY which expression shall; unless it is repugnant to

the context, mean and include his legal heirs, successors, administrators and assigns or

anyone claiming through or under him)

AND

Shri …………………….S/o ………………..aged about years, R/o …………………….. (herein

after referred to as the SECOND PARTY which expression shall, unless it is repugnant to

the context, mean and include his legal heirs, successors, administrators and assigns or

anyone claiming through or under him).

WHEREAS both the parties have decided to enter into a partnership for carrying

on the business mentioned in the objects clause of this Deed of Partnership.

WHEREAS the partners agree that this Deed of Partnership shall be deemed to

have come into force on the day ………… of …….. 20............

WHEREAS the partners have decided to reduce the terms and conditions of their

partnership into writing as per the terms and conditions appearing hereinafter:

NOW THIS DEED OF PARTNERSHIP WITNESSETH AS FOLLOWS;

1. The parties hereby agree that the partnership firm shall (be deemed to have or) come

into force on the ……………. day of …………….. 20............

2. The partnership shall carry on business in the name and style of ……………… (mention

name of the Finn).

3. The partnership shall carry on the business of (mention objects) or such other

business as may be agreed upon by the partners from time to time.

4. The partnership firm shall carry on its business from its principal place of business at

……………. or at such other place/places as the partners may, from time to time, decide.

5. The partners have agreed that each of them shall contribute it sum of Rs..........................

(In figures) rupees ……………………… (in words) to the capital of the firm as their capital

contribution.

The Firm shall pay simple interest …………….. (% p.a.) on the total capital

contributions of the partners.

6. On amounts specifically brought in as loans to the Firm by the partners, simple

interest of @ ………………% p.a. shall be payable.

7. The partners will mutually decide, from time to time, the work to be undertaken by

each of them. Remuneration payable to the partners for the work done by them shall be

decided by the partners mutually from time to time (or specify the amount).

8. Proper books of account shall be maintained in the usual Course of business and the

same shall be closed once in a year to ascertain the net profit or loss of the Firm for that

year and they shall be kept al the place of business and either partner shall have access

to all the books of accounts of the firm at all reasonable times and shall be at liberty to

take copies of the same. The parties have agreed to share profits / losses in the

following proportion :-

First Party: 50%

Second Party: 50%

9. The partnership shall be one at will (mention any other reason, if any).

10. The Firm may raise funds from any banks, financial institutions and other private

parties for the purpose of the business of the Firm and all the documents shall be signed

by both the partners.

11. The Firm may open one or more bank accounts and such account(s) shall be

operated by the partners (severally or jointly).

12. Except to the extent mentioned herein above, the provisions of the Indian

partnership act, 1932 shall be applicable to the Firm and the partners.

13. No partner can sell or mortgage or transfer or assign his share or interest in the

partnership property or business without the consent of the other partners.

IN WITNESS THEREOF, the parties hereto have affixed their signatures on the date,

month and year herein above first mentioned.

(1) First Party

(2) Second Party

Witnesses.

1……………

2……………..

PARTNERSHIP DEED BETWEEN TWO TRADERS

This DEED OF PARTNERSHIP is made on the ………………… day of …………20……..

between A of etc., of the ONE PART and B of the OTHER PART.

Witnesseth that it is hereby mutually agreed that the said parties hereto shall become

partners upon the fallowing terms:

1. The partnership business shall be that of …………. and shall be carried on at ………………

or at such other place as may be from time to time agreed upon.

2. The partnership shall commence on the …………… day of …………… 20…. and shall

continue for the term of three years from that day and thereafter until determined as

provided hereafter.

3. The name of the firm shall be ...............................

4. Any partner may determine the partnership at any time after expiry of the aforesaid

term of three years on giving not less than six calendar months previous notice in

writing to the other partner of his intention in that behalf and at the expiration of such

notice the partnership shall be considered dissolved.

5. The capital of partnership shall be Rs………………. to be contributed by the partners in

equal shares. In case further capital is required for the business of the partnership the

same be continued by the partners in equal shares.

6. The net profits of the partnership shall be divided between the partners in equal

shares and they shall bear all losses in the same proportion.

7. The Bankers of the partnership shall be ……………………… (name of the Bank) and the

account herein shall be in the firm's name and all cheques thereon shall be drawn by

both the partners.

8. Each partner may draw out of the banking account of the firm sums not exceeding

……………….. per month, but if on taking the annual general account the sum drawn

by any partner during any year shall exceed his share of profits for the year, he shall

refund the excess with interest @ ……………………… p.a.

9. All necessary and proper books of account shall be kept by the partnership and shall

not be removed from the place of business without the consent of both Partners. The

account books shall be open to inspection by each of the partners, who shall be entitled

to take.such extracts therefrom as they think fit.

10. A general account shall be taken each year on the ……………….. day of ………….. 20….

The assets, liabilities, profits and losses of the partnership shall be audited by a firm of

Chartered Accountants and shall be signed by each partner. Such account can be opened

only if any error is discovered within three months after the signing thereof, in which

case such error can be corrected. After the general account has been so signed, the net

profits shall be divisible between the partners in the proportions laid down in

paragraph 6 supra.

11. Each partner shall :

(a) devote his whole time and attention to the business of the partnership;

(b) carry on the business of the firm to the greatest common .advantage;

(c) be just and faithful to each other and shall render true accounts and full information

of all things affecting the firm to the other partner or the legal representative;

(d) pay his separate and private debts and indemnify the other partner or partnership

assets against all proceedings, claims or demands in respect thereof.

12. Neither partner shall without the consent of the other -

(a) carry on any business other than that of the firm of which he is a partner;

(b) assign or mortgage his shares or interest in the partnership;

(c) compound, relinquish or discharge any debt which shall be due or owing to

the partnership without receiving the full amount;

(d) draw or accept or endorse any bill of exchange or promissory note on account of me

partnership;

(e) dispose of by loan, pledge, sale or otherwise any part of the partnership property;

(f) lend money or give credit to or have any dealing on behalf of the partnership with

any person whom the other partner shall have previously forbidden to trust or deal

with;

(g) except in case of gross misconduct, dismiss any person in the employment of the

firm;

(h) buy any property or goods or articles for the use of the partnership exceeding

the value of Rs. …………………………

13 If during. the continuance of the partnership, any partner dies or becomes bankrupt,

the remaining partner shall have the option of purchasing his share on giving written

notice within three months from his death or bankruptcy' to his legal representatives or

Trustee in bankruptcy. The purchase price shall be the amount of the share of the

deceased or the outgoing partner as determined at the last general annual account plus

6% interest p.a. thereon up to the date of purchase, or if no such account had been

taken, the amount credited to him as his share capital at the commencement of the

partnership plus interest at the aforesaid rate.

14, All disputes which may arise between the partners or their legal representatives

about the interpretation of this deeds or their rights and liabilities there under or in

relation to any other matter whatsoever touching the partnership affairs shall be

referred to arbitration by two arbitrators, one to be appointed by each partner or his

legal representatives under the provisions of the Indian Arbitration Act, 1940, or in

case of the, neglect or refusal of either partner or his legal representative to appoint an

arbitrator within one month after being requested in writing so to do by the other

partner, by a single arbitrator nominated by the other partner.

In witness whereof the parties have hereto set their hands in the presence of witnesses.

s/d

First Party

s/d.

Second Party

Witnesses.

1…………..

2……………

PETITION FOR A WRIT OF HABEAS CORPUS

IN THE HIGH COURT OF……..

Criminal Original Jurisdiction

Writ Petition No. ………………. Of ………………….. 20 …………………….

IN THE MATTER OF :-

A …. Aged ……

s/o ……………

r/O…………… Petitioner;

Versus

1. Union of India

2. State of Bihar. . . . . . . . . . . .

3. The Superintendent if Police . Respondents.

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF

THE CONSTITUTION OF INDIA

To

The Hon'ble the Chief Justice and his companion Judges of the Hon’ble Supreme Court of

India.

The humble petition of the petitioner

MOST RESPECTFULLY SHOWETH:

1. That the present petition under Article 262 of the Constitution of India is filed for

issuance of Writ of Habeas Corpus.

2. That the petitioner is a resident of . . . . . . . . . . . . and he was living peacefully at his

residence at the place aforesaid.

2. That on. . . Respondent No.3 arrested…………and was derained him in an illegal

custody. The grounds of detention were not supplied to the petitioner.

4. That on . . . . . . . . . . . . the Petitioner submitted a representation against the detention

of………….to Respondent No. 2 and 3 but the same was not considered and they were

nit ready to infirm the petitioner about the ware about of the …………

5. That the was no reason for detaining ………

5. That the orders of detention of the Petitioner are illegal, improper and without

jurisdiction on the following:

GROUNDS

. Because the grounds are irrelevant to the object of the Act.

. Because the grounds are vague.

. Because there was no reason for detention.

Therefore it is humbly submitted by the petitioner. That for the reasons stated abouve it

is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in the

nature of Habeas Corpus to the opposite parties and directing that the detenu be set at

liberty forthwith.

Date…………………

Advocate for the Petitioner.

PETITION FOR A WRIT OF MANDAMUS

IN THE HIGH COURT OF JUDICATURE AT ………………

(Original Civil Jurisdiction)

Writ Petition No . . . . . .of. . . 20

Name…………….. S/o.

R/o …………………………. Petitioner;

Versus

1. State of …………….. . . . . .

2. . . . . . . . . . . . .

Respondents.

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION FOR THE ISSUE OF A WRIT

OF MANDAMUS

To

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of

Judicature at ………………………………..

The above named Petitioner begs to submit as under:

1. Facts in brief

2. The respondent has a duty to do the acts

3. The petitioner has the right to get it done.

4. The petitioner demanded the authority to do the thing.

5. The authority refused to do it.

6. Petitioner’s fundamental rights has been violated.

GROUNDS

A) ……………………………………………………..

B) ……………………………………………………..

C) ……………………………………………………..

D) ……………………………………………………..

It is, therefore, most respectfully prayed that

1. This Hon’ble Court may be pleased to issue a writ, direction or order in the

nature of mandamus be issued to Respondent No. …….. directing him to do

……………………………………………

2. Any other order or direction as this Court deems fit.

Dated………………………..

A.B.

(Petitioner)

…………………………..

(Counsel for the Petitioner)

IN THE HIGH COURT OF ……………….AT …………………..

Constitutional Writ Jurisdiction

CIVIL WRIT PETITION NO ………………….. OF ……………….

M/s................ Petitioner

Versus

……………………………….. Respondents

AFFIDAVIT

I, …………………… aged about ……………. years, working for gain at ………………………., do

hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition under art 226 of the Constitution of

India are true and correct to my knowledge and belief as derived from the record of

the company and believed by me to be true.

2. That the annexures to the writ petition are true and correct copies of the their

respective original(s).

Deponent

VERIFICATION

I, the above named deponent do hereby verify and declare that the facts stated in my

affidavit are true and correct to my knowledge and belief and that nothing material has

been concealed therefrom.

Verified at ………………….. on this ……………………day of..........................

Deponent

MODEL FORM OF PETITION FOR PROHIBITION

IN THE HIGH COURT OF ……………….AT................


CIVIL WRIT PETITION NO. ……………………. OF................

In Re:


......................

......................

Versus

1) State Consumer Disputes Redressal Commission

…………………………..

2) ABC Company Respondents

Registered under the Companies Act 1956

having its registered office at................

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE

OF WRIT OF PROHIBTION OR OTHER APPROPRIATE WRIT

To

The Hon'ble Chief Justice of the High Court of……………

and His Companion Justices of the

said High Court at................

The humble petition of the petitioner above named

MOST RESPECTFULLY SHEWETH

The petitioner most respectfully submits as under:

1. That the petitioner is a company registered under the Companies Act 1956 having

its registered office at................

2. That the respondent no 2 had filed a complaint under the Consumer Protection Act

1986 alleging unfair trade practice on the part of the petitioner.

3. That respondent no 2 further alleged that he had purchased a machine from the

petitioner and it was further alleged that the same is defective and called upon the

petitioner to return the cost of the machine.

4. That the petitioner on receipt of the complaint made a preliminary objection about

the maintainability of the complaint as both petitioner and respondent no 2 are

engaged in business activity, hence, the respondent no 2 had no right to move

consumer court for redressal of their grievance.

5. That respondent no 1, State Consumer Dispute Redressal Commission where the

complaint is pending, has failed to pass orders on the preliminary objection of the

petitioner that the consumer agencies have no jurisdiction to try the complaint

where both the parties are engaged in commercial activity.

6. That instead of dismissing the complaint, respondent no 1 is proceeding with the

complaint which is not maintainable it.

7. That as the respondent no 1 has no jurisdiction to try and adjudicate upon the

complaint of the respondent no 2, the entire proceedings are bad in law and are

liable to be stayed.

GROUNDS

1. That the respondent no 1 has no jurisdiction to try and adjudicate upon the

complaint filed by respondent no 2 as it is a business dispute arid is not a consumer

dispute.

2. That respondent no 2 is not a consumer and has no right to file any complaint under

the Consumer Protection Act 1986 against the petitioner.

3. That in case the respondent no 2 proceeds in the matter, the same will result into

miscarriage of justice.

4. That the petitioner has not filed any other similar petition under art 226 of the

Constitution of India before this court or in any court of law.

PRAYER

It is, therefore, most respectfully prayed that this court may graciously be pleased to:

(i) issue an appropriate writ(s) in the nature of prohibition for prohibiting the

respondent no 1 from proceedings in the matter.

(ii) issue such appropriate writ(s) as this court may deem fit and proper in the facts

and circumstances of the case;

(iii) pass such further or other order(s) as this court may deem fit and proper for the

ends of justice.

Drawn and filed by

Advocate for the petitioner

Place ……………..

Date........................

IN THE HIGH COURT OF ……………….AT …………………..


CIVIL WRIT PETITION NO ………………….. OF ……………….


Versus

State Consumer Disputes Redressal Commission & anor Respondents

AFFIDAVIT

I, …………………… aged about ……………. years, working for gain at ………………………., do

hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition under art 226 of the Constitution of

India are true and correct to my knowledge and belief as derived from the record of

the company and believed by me to be true.

2. That the annexures to the writ petition are true and correct copies of the their

respective original(s).

Deponent

VERIFICATION

I, the above named deponent do hereby verify and declare that the facts stated in my

affidavit are true and correct to my knowledge and belief and that nothing material has

been concealed therefrom.

Verified at ………………….. on this ……………………day of..........................

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A.N o. OF 2009

IN

C.S.(OS) NO. 527 OF 2008

IN THE MATTER OF :

Industrial Development Corporation ………….. Plaintiff

Versus

Jayaprakash Systems (P) Ltd. ………….. Defendants

AN APPLICATION FILED BY THE DEFENDANTS UNDER SECTION 8 OF THE

ARBITRATION AND CONCILIATION ACT, 1996 READ WITH SECTION 151 OF C.P.C

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned Suit is filed by the plaintiff on 1.2.2007, seeking recovery

of Rs. 75,00,000/- along with future interest at the rate of 15% annum till the date of

realisation.

2. The applicant! defendant was served with summons and a copy of the Plaint and the

documents filed along with the suit on 2.3 .2007. The suit is posted for appearance

and for filing vakalath and written statement on 30.3.2007.

3. Thereafter the defendants through their counsel filed vakalath on 15.3.2007

4. The claim of the plaintiff arise out of Loan Agreement executed by and between the

plaintiff and defendants dated …………….The Loan Agreement dated …………….

contains an Arbitration Clause. The said Arbitration Clause is extracted herein

below for ready reference:-

"If any dispute or difference arises between the Parties hereto as to the construction,

interpretation, effect and implication of any provision of this Agreement including

the rights or liabilities or any claim or demand of any Party against other or in

regard to any matter under these presents but excluding any matters, decisions or

determination of which is expressly provided for in this Agreement, such disputes or

differences shall be referred to the sole arbitration and the decision of such

arbitrator shall be conclusive and binding on the parties hereto. A reference to the

arbitration under this Clause shall be deemed to be submission within the meaning

of the Arbitration and Conciliation Act, 1996 and the rules framed there under and

any statutory modifications thereof for the time being in force, which shall be

deemed to apply to the arbitration proceedings under this Clause.”

5. As per the agreement, the Courts at Delhi shall have exclusive jurisdiction in all

matters concerning this Agreement, including any matter arising out of the

arbitration proceeding or any award made therein. The certified true copy of the

Agreement dated ……………annexed and marked as ANNEXURE- RI

6. The dispute in the present Suit is regarding the construction, interpretation, effect

and implication of the provisions of the agreement and therefore referable to

arbitration as per the Agreement dated ……………

In the circumstances it is prayed that the parties be referred to arbitration as per

the Agreement dated ………………………. .

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to :-

(i) Refer the parties to Arbitration as per Agreement dated …………………..

(ii) Stay the proceedings in the above Suit C.S. (O.S.) No. 527 of 2008

FOR WHICH ACT OF KINDNESS THE HUMBLE PETITIONER SHALL DUTY BOUND EVER

PRAY.

FILED BY

Advocate

NEW DELHI.

DATED ……………

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A.N o. OF 2009

IN

C.S.(OS) NO. 527 OF 2008

IN THE MATTER OF :

Industrial Development Corporation ………….. Plaintiff

Versus

Jayaprakash Systems (P) Ltd. ………….. Defendants

AFFIDAVIT

I, ……………………S/o……………………… aged …………………….. (ADDRESS), do hereby

solemnly affirm and state as follows :-

1. that I am the defendant in the above suit and the applicant in the present

petition and I am competent to swear this affidavit.

2. I state that I have read and understood the contents of the accompanying

Application under section 8 of the Arbitration and Conciliation Act 1996 and I

say that the contents thereof are true and correct to the best of my

knowledge. The submissions contained are based on the legal advice which I

believe to be true and correct.

3. that the annexures are true copies of the originals.

DEPONENT.

VERIFICATION

Solemnly affirmed and signed by the deponent on this ……….day of ………… 2007 at ………

that the contents of the affidavit are true and correct.

DEPONENT.

Deed of Gift of Property in Consideration of Natural Love

THIS DEED OF GIFT made this ……………….day of ……………1999

BETWEEN …………………..(hereinafter called the DONOR), of the one part, and …………...

(hereinafter Called the DONEE),of the other part, WITNESSES, that in consideration of

the natural love and affection which the DONOR had and still has for the donee, the

latter being his daughter, the DONOR doeth hereby grant, convey, transfer, give and

assure unto an to the use of the DONEE, freely and voluntarily, the property mentioned

and described in the schedule hereto and hereinafter referred to as the said property

and delivered possession of the same unto and in favour of the DONEE TO HAVE AND

TO HOLD the same for her sole use and benefit absolutely and unconditionally forever.

Usual covenants as in a sale-deed AND THAT the DONEE accepts the gift of the said

property hereunder made as testified by her being a party hereto and executing these

presents. The estimated value of the property is Rs……………


IN WITNESS WHEREOF the DONOR has executed these presents and the DONEE has

accepted the gift on the day, month and year first above-written.

Signed, sealed and delivered by …………

the DONOR in the presence of:

Signed, sealed and delivered by ………

the DONEE accepting the said gift.

DEED OF GIFT OF PROPERTY FOR PARTICULAR PURPOSE

THE DEED OF GIFT is made on this the ……………..day of ………2000 BETWEEN AB

of, etc. (hereinafter called the DONOR), of the one part, and CD of, etc. (hereinafter called

the DONEE), of the other part.

WHEREAS the DONEE intends to start a school in his village ……………. For the

education of girls AND whereas the DONOR is desirous of donating the land fully

mentioned and described in the schedule hereto to be used as a site for the said school.

NOW This Deed witnesseth that in pursuance of the said pious wish and desire

and as a patron of the proposed school to be started by the DONEE, the DONOR doeth

hereby and hereunder freely and voluntarily grant, convey, transfer, give, assign and

assure unto and to the use of the DONEE and his successor ALL THAT, etc., to be used

solely and exclusively for the purpose of a site for construction and accommodation of

the proposed girls’ school TO HAVE AND TO HOLD the same so long as the same shall be

used and occupied as a site and/or building of the school AND THAT the DONEE accepts

the gift of the said property hereunder made solely and exclusively for the purpose

hereinbefore indicated subject to the condition hereunder provided.

This deed further witnesseth that it is expressly agreed and understood by and

between the parties that this gift of land will stand ipso facto revoked in the event the

land hereunder given is not used for the purpose of the intended school for which the

same is give within a period of one year from the date of these presents or in the

alternative the said school is abolished or shifted elsewhere or amalgamated with some

other institution when and in all or any such event or events the land with all buildings

and structures, if any erected thereon, shall revert to and revest in the DONOR or his

heirs, executors, administrators and representatives and shall form part of his former

state as if this deed of gift was never executed nor intended. And it is further agreed by

and between the parties that in case the land is acquired by the Government, the DONEE

or his successors, including any person or persons managing the school, shall invest the

compensation money to be awarded in purchase or another land or building to be used

solely and exclusively for the school unless otherwise directed by any court of

competent jurisdiction. The estimated value of the property is Rs. ………………….

The Schedule

IN WITNESS WHEREOF the DONOR has executed this Deed of Gift and delivered the

same to the DONEE who has also executed the same in token of acceptance thereof the

day, month and year first above-written.


the DONOR in the presence of:


the DONEE in token of acceptance of the Gift.

ARBITRATION AGREEMENT

THIS AGREEMENT OF APPOINTMENT OF ARBITRATOR is made at Delhi on this

the ………day of ………20…….. between Mr. X, s/o ………. r/o……….. (hereinafter called the

FIRST PARTY).

AND

Mr. Y, s/o ………. r/o……….. (hereinafter called the SECOND PARTY).

WHEREAS the FIRST PARTY has agreed to sell his entire first floor portion with

common passage and staircase along with proportionate share of land underneath in

one free hold built up residential property at No. ……….. measuring ………….. sq. meters

more fully described in the Schedule hereunder along with all other concerning rights,

titles, interests etc. whatsoever vide Agreement to Sell dated ………………… to the

SECOND PARTY and the FIRST PARTY has also received the full and final consideration

for the said portion from the SECOND PARTY through separate receipt of full and final

payment executed and signed by the FIRST PARTY in the name of the SECOND PARTY.

AND WHEREAS the parties agree that in case of any dispute between the parties

or if the FIRST PARTY fail to comply with the terms and conditions of the said

Agreement for sale, then the parties shall refer the matter to the arbitrator mentioned

hereunder:

1. Mr. ………………….., s/o ……….………….. r/o………………..….. Delhi

2. Mr. ………………….., s/o ……….………….. r/o………………..….. Delhi

3 Mr……………………...s/o…………………….r/o…………………….Delhi

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1. That the arbitrators are entitled to decide and determine the matter referred to

them for final determination.

2. That the arbitrators shall deliver the award referred to them within four months

from the date of reference of the dispose.

3. That the arbitrators award shall be final and binding upon the parties, their

heirs, legal representatives and assignees in case of death of any of the party

during the course of arbitration proceedings.

4. That the arbitrators shall make such inquiries and shall call upon such evidences

as they may deem fit for the determination of the dispute between the parties.

5. That the arbitrators shall decide the matter referred to them under the relevant

provisions of Arbitration and Conciliation Act, 1996.

6. In case of difference of opinion between the arbitrators the the majority decision

shall be final.

7. That the arbitrators shall fix a date for hearing and if the parties do not turn up

on the date of hearing, the arbitrators shall proceed ex-parte.

8. That it shall be the discretion of the arbitrators to fix the cost of reference.

9. That the arbitrators shall make note of the evidences produced by the parties

and shall examine them and shall keep the minutes of the proceedings of the

arbitration.

10. That the arbitration award passed by the arbitrator shall have the same effect

as that of a decree of the civil court.

The above named parties do hereby agree to all the terms and conditions mentioned

above without any duress, coercion or undue influence and after fully understanding

the terms of this deed of arbitration do hereby put our hands on the day, month and

year first written above in the presence of the following witnesses:

s/d

FIRST PARTY

s/d SECOND PARTY

Witnesses:

1………………

2…………………

RELINQUISHMENT DEED

THIS DEED OF RELINQUISHMENT is executed at Delhi on this day of

………….., 20…By

1. Shri…………….., S/o late. ……………… R/o …..

2. Miss ……………… d/o Late ………. R/o….. hereinafter called ‘the Releasors’ which expression shall, unless repugnant to the context or meaning hereof mean and include their heirs, successors, legal representatives and executors of the first part

In favour of

Smt. ……….. W/o Late Sh. ………. R/o …….., hereinafter called ‘the Releasee’ which expression shall unless repugnant to the context or meaning hereof, mean and include her heirs, successors, legal representatives and executors or the second part.

WHEREAS Late Sh…………………. was the absolute owner of property bearing no. …………….., Delhi.

ANDWHEREAS the said …………. expired/died on ……200.

ANDWHEREAS the releaser no.-1 is the son of Late ……………and the releaser no.2 is the daughter of Late ………… and releasee is the wife of Late……………..

ANDWHEREAS besides releasors and releasee there is no other legal heir of the deceased nor anybody else is entitled to or claim any right, title or interest in the above mentioned property according to law of inheritance.

OR

ANDWHEREAS the said ………… died intestate without leaving any Will and besides the releasors and releasee, there is no other legal heir of the deceased nor anybody else is entitled to claim any right, title or interest in the above mentioned property according to law of inheritance.

ANDWHEREAS the releasors wish to relinquish their share in favour of their mother……….the releasee, who is also a shareholder in the property, on account of natural love and affection without the receipt of any consideration amount from her.

Now this deed of Relinquishment witnesses as under

1. That the Releasors in pursuance to their wish hereby relinquish all their share inherited on the death of their father ………….and hereby declare and offer that the releasors, their successors, executors, administrators shall have no right to claim or interest in the above said property and the

same shall rest absolutely in Smt. ………W/o Late ……………….R/o…………the releasee.

2. That the possession of the above mentioned property is exclusively with the Releasee and the Releasee is entitled to continue the same.

3. That the Releasee is fully entitled to get the above mentioned property mutated transferred in her name on the basis of this deed of Relinquishment.

4. That the original sale deed and other relevant paper regarding the above mentioned property are with Releasee.

IN WITNESS WHEREOF the Releasors and the Releasee have set their respective hands to this deed of Relinquishment at Delhi on date month year first above written.

s/d.

Releasor

s/d.

Releasee

Witnesses

1. X……….S/o……………R/o……………

2. Y……………….S/o……………….R/o………………….

IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE OF …

CAVEAT No…. of …

Between :-

Name……………… ………… Caveator

And

Name………………… ………… Objectors

CAVEAT FILED ON BEHALF OF THE CAVEATOR U/S. 148(A) OF THE

CODE OF CIVIL PROCEDURE CODE

1. Name………, S/o. … aged, R/o. …Village………………………………………… Caveator:-

The address of the caveator is as stated above and all the processes to the caveator may be served in the address shown above.

Name……W/o. …… Aged….. R/o. ………………………………………………………… Objector

The address of the objectors is as stated above.

3. The caveator submits that he is the absolute owner in possession and enjoyment of the schedule property and Respondents/Objectors have nothing to do with the same. To cause harassment and wreck vengeance against the caveator, the objectors are threatening to institute Civil Suit or Suits against the Caveator and seek Interim ex parte order like Injunction, appointment of Commissioner, appointment of Receiver etc., in which case the caveator may be given notice off.

4. Court-fee of Rs. …………………. is paid.

5. Notice of the caveat has been sent to the objectors by registered post with acknowledgement.

The caveator therefore prays that this Hon’ble Court may be pleased to lodge the Caveat and Order notice of any petition that may be filed by the Objectors in any suit that may be filed against the caveator and grant such other further relief.

s/d.Caveator.

Advocate for caveator

Schedule

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

I, the above caveator do hereby declare that the facts stated above are true, and correct to the best of my knowledge and information and I signed at ………………………………… on this the …………………………………..

. s/d.Caveator

Petition for Letters of Administration

In the Court of the District Judge, …………

Case No……... / 20 09

Name, …….. s/o……. Petitioner

PETITION FILED UNDER SECTION 278 OF THE INDIAN SUCCESSION ACT, 1925 FOR THE GRANT OF LETTERS OF ADMINISTRATION

humble petition of the Petitioner above named most respectfully showeth:

1. That the late A.B. of ……………..died intestate at …………..on the …………day of …………20……… leaving properties situate within the jurisdiction of this Court, A description of the said properties is set forth in the affidavit annexed to the petition.

2. That the description of the relatives of the deceased and their respective residences are given below:

(1) Name…………………………………………………Son (Petitioner)(2) Name…………………………………………….... Brother,.r/o…….(3) Name ……………… . Widow ………(4) Name ………………………………………… mother…,r/o.(5) Name ………………………………… …..Daughter…….. r/o..

3. The petitioner is the son of the deceased, and as such is entitled to letters of administration to the estate of the deceased.

4. That the amount of assets which are likely to come to the petitioner’s hands is Rs……………………. An account of which is given in Schedule ‘A’ and the amount of his liabilities is Rs………………. Which is described in Schedule ‘B’ of the annexed affidavit.

5. That the deceased at the time of his death had a fixed place of abode at …………….. or had properties at …………….. situate within the jurisdiction of this Court.

6. That, to the best of the petitioner’s belief, no application has as yet been made by anybody to any other court for letters of administration of the estate of the said deceased.

7. Under the circumstances set forth above, the petitioner prays that letters of administration to the estate of A.B. may be granted to the petitioner.

And the petitioner as in duty bond shall ever pray.

I, ………………., the petitioner in the above petition, do hereby declare that what is stated therein is true to the best of my information and belief.

(Signature of the Petitioner)

Petition for obtaining a Probate(under section 276 of the Indian Succession Act, 1925)

IN THE HON’BLE COURT OF DISTRICT JUDGE,

AT…….

Name…….s/o Petitioner. r/o ……………

Petition filed under section 276 of the Indian Succession Act, 1925

The petitioner most respectfully showeth:

1. That the petitioner is the only son-in-law of late Shri ……………………..(name of deceased father-in-law), who resided permanently at …………………………………..(mention the complete address).

2. That the said Late …………………….. had made a will annexed hereto as his last will and testament in respect of his properties described in the Schedule attached herewith.

3. That the said Late …………………….. died on …………. While residing at his above stated address. Copy of death certificate issued by the …………………………… (name and designation of authority issuing the death certificate) is attached herewith.

4. That the properties detailed in the Schedule attached herewith in respect of which the said Late ……………….. has made a Will on…………. day of …………20………. Situate within the jurisdiction of this Hon’ble Court.

5. That the said Late …………………………. As per his last Will dated ………….20……………. as referred above has appointed the petitioner as the sole executor of his Will.

6. That the market value of the properties mentioned in Schedule attached herewith the Will been left by the deceased Late …………………. and come in the hands of the petitioner works out to be Rs……………….. (particulars of valuation thereof as indicated in the Schedule).

7. That after discharging certain liabilities of deceased as shown in the Schedule the approximate value of the properties of deceased come out to be Rs. ……………..(mention the approximate amount).

8. That to the best of knowledge and belief to the petitioner, no application has been made in any court of law for grant of probate regarding will or letter of administration of the properties left by deceased Late…………………… (mention the name of deceased).

9. That there is no legal impediment for grant of probate to the petitioner.

In view of the above narrated facts and circumstances, the petitioner most humbly and respectfully prays that the probate be granted in his favour on the basis of will made on …………..day of ………..20…….. of the deceased Late………………………..(name of the deceased).

Petitioner

s/d.VERIFICATION

Verified on this ……………day of …………..20………. that I, ………….. the above named petitioner do hereby solemnly affirm that the statements made in the above petition are true and correct to the best of my knowledge and belief.

Petitioner

s/d.WITNESSES:

I, …………………… s/o……………….. r/o………………. hereby confirm that I being witness to the Will dated ……………20………. made by Late …………………………….. enclosed with this application, declare that the deceased Late ………………………. has put his signature on the said Will in the presence of me and one Shri …………………….. (name the other witness, if any) and at that time the deceased Late ……………………….. was having full knowledge and understanding of the contents of the Will. The deceased read and understood the contents of his said Will and admitted before me the correctness of the contents of the said Will and it was his last Will and testament.

Signature of witness with address.

Encl:

Schedules of properties and liabilities.

MEMORANDUM OF REVIEW PETITION

IN THE HIGH COURT OF JUDICATUREOF ……………… AT ……………….

Review .P. No. …………….of in

A. No. …………………. of …….

On the file of the High Court of ……….. at ……….. dt. ……………………….Between :-……………. …………. Appellant

And

……………….. ……………. Respondents

[Under Order 47 Rule 5 and Section 151 of C.P.C]

The address for service of all notices and processes on the above named Appellant is that of its counsel …………………… and ………………………, Advocates at …………………………….

The above named Appellant begs to present this Memorandum of Review Petition to this Hon’ble Court against the Order of the Hon’ble High Court, Division Bench consisting of his Lordship Justice …………. And Justice …………………. In .A. No. ……………., dated …………. For the following among other.

Grounds

1. The order of the Division Bench directing the respondents to pay a sum of Rs. ……………. Every quarter is not justifiable and does not protect the interests of the petitioner.

2. The learned Judges should have seen that admittedly the transaction between the defendants ……….. to …… and ……… were neither within the knowledge of the plaintiff nor with the prior approval or consent of the plaintiff Bank. Therefore, the possession of the ……….. defendant is illegal and does not bind the plaintiff.

3. The learned Judge should have seen that immediately after the plaintiff came to know about the transaction, the plaintiff has recalled the advance and the …….. defendant cannot be permitted to be in possession of the property without taking steps to repay the liability as admitted between the defendants….. to …… and ……… Since the ……… defendant did not carryout the understanding between it and defendants ………. to ….., it cannot be permitted to be in possession of the property without clearing the liability to the plaintiff Bank.

4. The learned Judges should have seen that though the transaction appears to be way back on ………………., till the date of filing of suit or thereafter the ……… defendant has not taken any steps to repay the amounts due to the plaintiff Bank. Therefore, the …….. defendant cannot be permitted to be in possession of the assets and liabilities of the ………. defendant.

5. The learned Judges should have seen that by virtue of allowing the …….. defendant to run the factory without making any payments, the …….. defendant’s property is in danger of being wasted away and the value of the assets will be diminished and as such the plaintiff will not be in a position to recover its dues.

6. The direction of the learned Judges to deposit Rs. ……….. every quarter will not be even sufficient of the interest accrued from time to time. Therefore, the learned Judges should have granted injunction restraining the ………… defendant from running the unit.

7. The learned Judges at least should have exercised the power under Order 39, Rule 1 by appointing a Receiver to safeguard the interests of the Plaintiff and by preventing the wastage and damage of the property which is under mortgage to the plaintiff Bank.

8. Contrary to the directions of this Hon’ble Court, the defendant has not completely paid the first installment due and thus the …… defendant even violated the directions of this Hon’ble Court. Hence, it is a fit case for appointment of a Receiver to safeguard the interests of the property by virtue of the powers conferred under Order 39, Rule 1 read with Section 151 of C.P.C.

9. The learned Judges should have seen that under Section 65-A of the Transfer of

Property Act, a mortgagor has no right to alienate the property by way of lease in more than a period of ……… years. Therefore, the alienation of the firm’s property by defendants……….. to … in favour of the …… defendant is void and therefore the …….. defendant cannot be permitted to be in possession of the property. In the circumstances the learned Judges should have protected the interests of the plaintiff Bank by directing to deposit atleast the entire principal sum or atleast should have appointed a Receiver to safeguard the interests of the Plaintiff Bank.

Valuation :

The value of this Review Petition is more than Rs. …………… and the fixed Court-fee of Rs. ………… is paid herewith.

:Dated this the ………. Day of ………… 2009.

Counsel for the Petitioner

MEMORANDUM OF CIVIL REVISION PETITION

IN THE HIGH COURT OF JUDICATUREOF ……………….. AT ……………….

C.R.P. No. ……………….. of in

E.A. No. …………………… of in

E.P. No. …………………… of in

O.S. No. ………………… of

Between :- ……………. …………. Petitioner

And

……………….. ………. Respondent

On the file of First Addl. District Munsif Court ……………

Between :- ……………. …………. Plaintiff

And

……………….. ………. Defendant

MEMORANDUM OF CIVIL REVISION PETITION FILED UNDER SECTION 115 OF C.P.C.

The address for service of all notices and processes, summonses on the above named petitioner in that of her counsel.

(2) The above named petitioner begs to present this Memorandum of Civil Revision Petition to this Hon’ble High Court against the Order in dated ………………. in E.A. No. …………….. of ………………. E.P. No. ……………. of ………… in O.S. No. …………. of ………………on the file of First Addl. District Munsif, ………………… on the following amongst other grounds.

Grounds

1. The order of the Court below is contrary to law, weight of evidence and is vitiated by errors of jurisdiction.

2. The Court below should have seen that immediately after the dismissal of application to set aside the default order, the petitioner can file a revision against that order within ……….. days to the High Court.

3. The Court below should have seen that there is a decree for the vacant possession of the land but there is no decree for the removal of the machinery of the rice mill which made the decree in executable.

4. The Court below ought to have waited till the limitation for filing CRP expires without missing the E.A. with a direction to petitioner to handover the vacant suit site land which is beyond his jurisdiction.

5. The Court below misunderstood the scope of Section 47 and dismissed the E.A. before the expiry of limitation for filing a CRP in the Hon’ble High Court.

In view of the matter, the Court below ought to have waited for the result of the CRP without dismissing the E.A.(3) The value of the CRP is more than Rs. …………… and a fixed Court-fee of Rs. …………. Is paid herewith.

Therefore it is prayed that this Hon’ble High Court may be pleased to set aside the order, dt. …………….. in E.A. No. ………….. in E.P. No. ……….. of ………………. In O.S. No. ………. of ………… on the file of First Addl. District Munsif, ……………………., and pass such other and further orders.

Dated this the ………….day of…….Counsel for the Petitioner

MEMMORANDUM OF APPEAL

IN THE COURT OF THE SENIOR CIVILJUDGE OF …

C.M.A. No. ……of……in

I.A. No. ………….. of …

Between :- ……………. …………. Appellants

And

……………….. ……………. Respondents

On appeal against the order of injunction vacated dated ……………..By the Munsif court in

I.A. No. …………… of In.

O.S. No. ………….. of …

Between :-

……………. …………. Plaintiffs/Petitioners

And

……………….. ……………. Defendants/Respondents

Memorandum of Civil Miscellaneous Appeal filed on behalf of the Appellants under Order 43 Rule 1 of C.P.C.

1. Appellant ………………………, S/o. ……………………………., aged about …………… years, residing at ……………., village …………………, …………… taluk …………… district within the jurisdiction of this Hon’ble Court.

Address of the Appellants are as stated above. C/o. ……………….. Advocate……………………..

2. Respondent…………………….., W/o. ………………………., aged about ……………… years, residing at ……………….., village …………, ………… taluk within the jurisdiction of this Hon’ble Court.

The addresses of the respondent is as stated above.

The above named Appellant being vacated the order of injunction granted in favour of the respondents in I.A. ……………. In O.S. No. ……….. on the file of ……………….., dated ………….. against the Appellants and the appellants beg to prefer the following among others.

Grounds of Appeal

1. The Lower Court passed orders in the said I.A. against the law and weight of the evidence and other probabilities of the case.

2. The Lower Court ought to have allowed the petition by granting temporary injunction on the sole ground that the respondents ……… to …….. who are J.Ds. in O.E.P. ……….. on the file of Subordinate Judges Court, ……………. Have no saleable interest in the suit properties as per the final decree in O.S. ……….. on the file of Sub-Court, ……………..

3. The Lower Court grossly erred in dismissing the petition having come to the conclusion that the Respondents have no saleable interest and the …….. respondent stepped into the shoes of respondents ……… to …… to the process of Court auction, also has no right, title or interest or possession and further as per the principles of that Neme dot and quard non habet i.e., no one can convey better title what he has. So the ….. respondent did not get any right or title although he purchased the suit properties (in collusion with his father who is a decree holder in O.S. ………….) in the Court auction.

4. The Lower Court ought not to have commented about the compromise decree in O.S. No. …………… except to follow the same which is binding on the parties to the said decree.

5. The Lower Court erred in concluding that one should file any claim petition under Order 21, Rule 58 if one’s property is attached before the date of sale and later he cannot file a suit after the sale of property.

6. The Lower Court ought not to have vacate the interim injunction only on the ground that the appellants have filed to proceed properly and prosecuted his case.

7. The Lower Court ought not to have come to the conclusion that the petitioner has filed the previous proceedings as if he knows the legal consequences.

8. It is therefore prayed that this Hon’ble Court may please to allow the appeal and grant temporary injunction against the respondents till the disposal of the suit O.S. …… on the file of ………………, D.M.C., and pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case.

Memo of valuation

Court-fee paid on the C.M.A. Rs. …………..Under Art. 3, Sch. II of C.F. Act is ……….. Rs. …………..

Schedule

…………………………………………………………………………………………………………………………………………………………………………….………………………………………………………………………………………….

Advocate for the Appellant

Lease Deed

THIS DEED of lease made at …………this………day……..of 20……….by and between A (description) and B (description) is as under :

Whereas the lessor is the absolute owner of the property more fully described in the schedule.Whereas the lessee approached the lessor for lease of the said property to the

former. Whereas the lessor has consented the same.

It is, hereby, mutually agreed to between the parties hereto as follows:

1. The property demised by the lessor to the lessee is the one that is more fully described in the Schedule hereto.

2. The tenancy is for a period of three years from this date (i.e.) from ……..to………. The lessee is given the option to renew the lease for a further period of three years provided he exercises his right to renew the lease three months prior to expiry of the lease period herein and provided further that on such renewal the lesser shall pay as monthly rent the present monthly rent plus 20% increase thereon.

3. The monthly rent is Rs…………..(Rupees ……….only) it does not include charges or fees for amenities such as water, electricity, etc. The lessee shall, himself, bear the charges or fees for such amenities.

4. The demised premises shall be used for residential/non-residential/manufacturing purposes only.

5. The lessees has paid this day to the lessor a sum of Rs……………. (Rupees……………………..only) as security deposit. The same is refundable to the lessee on the lessee vacating and surrendering vacant possession of the demised premises subject to adjustment by the lessor as hereinafter stipulated. In the meantime, it shall not carry any interest.

6. The monthly rent shall be paid on or before 5 th of the month succeeding that for which the same shall fall due on 5th of every succeeding month.

7. The lessee shall not sublet the demised premises or any part thereof without, the written consent of the lessor.

8. The lessee shall not erect any permanent structure in the demised premises or any part thereof without the written consent of the lessor.

9. The lessee is entitled to make his own arrangements for the additional

electrical fittings at his cost and responsibility and shall remove all such fittings at the time of vacating the demised premises without causing any damage to the premises.

10. The lessee shall, at his cost carry out, minor repairs to, and colour/white wash, the premises. The lessee should maintain the property in good condition and shall, at the time of vacating the premises, hand over the same in the same condition as it was at the time of letting subject to reasonable wear and tear.

11. The lessee should allow the lessor and or his agents, at all reasonable times during the subsistence of the lease to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition and if such defect is caused by any act or default on the part of the lessee, his servants or agents, he is bound to make good the same within three months from date of receipt of such notice by the lessor.

12. If the lessor becomes aware of any proceeding touching the demised property or any encroachment he shall give with reasonable diligence notice thereof to the lessor.

13. The lessee shall not put the demised property for any purpose other than that for which it is leased.

14. In case the lessee commits breach of any of the covenants contained herein, the lease shall stand determined irrespective of the period stipulated herein, and the lessor will be entitled to re-enter the same.

15. The lessee shall vacate and surrender vacant possession of the demised premises on the expiry of the period of lease.

16. If at the time of vacating the premises any damage is found to have been caused to the premises the lessee shall bear such cost as to repair the damages and if the lessee shall fail to do so, the lessor is entitled to have the repair carried out and shall adjust such cost against the security deposit in his hands and refund the balance subject to further adjustment against arrears of electricity charges, water charges and other public dues payable by the lessee touching the demised premises.

17. The lessor shall pay the property tax and other taxes by virtue of possessing and enjoying the property. In case the lessee constrained to pay, he is entitled to adjust such payments against the rents.

18. The lessor assures the lessee that the lessee shall enjoy the demised premises without any interruption or interference by him or at his instance as long as the lessee observes his obligations under this deed of lease.

19. The term lessor shall mean and include his heirs, executors, administrators, legal representatives and assignees while the term lessee will include only his wife and son living as part of his family until his demise.

20. In other respects the Transfer of Property Act shall apply.

SCHEDULE

In witness whereof the lessor and the lessee set their respective hands and seals on the day and year first above written and in the presence of witnesses:

Lessor.

Lessee.

1. ………………….

2. ………………….

I……….. declare that what is stated herein is true to the best of my knowledge and belief.

Signed ………………….., decree-holder

Dated the ……………….. day of ……………. 19……/20……

[When attachment and sale of immovable property is sought]Description and specification of property

The undivided one-third share of the judgment-debtor in a house situated in the village of ………………., value Rs. 40, and bounded as follows:-

East by G’s house; West by H’s house, South by public road; North by private lane and J’s house.

I ……………………… declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.

Signed ………………….., decree-holder

DPC - Sample Pleadings & Conveyancing.doc

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