Categories
Legal Format

Winding Up Company Petition High Court

COMPANY PETITION NO. ________ OF 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF:- The Companies Act, 1956 A N D IN THE MATTER OF:- Sections 433, 434 and 439 of the said Act A N D IN THE MATTER OF:- M/s ______________, a Company incorporated under the Companies Act, 1956 […]

Categories
Legal Format

Criminal Petition u/s 482 for Quashing of Fir Due to Compromise

IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL JURISDICTION) Crl. Misc. (Main) No. ______ of 20__ IN THE MATTER OF: ______________                       …       PETITIONER VERSUS N.C.T. of Delhi & Another                    …       RESPONDENTS INDEX S.No. Particulars   Page Nos.         1. Notice of Motion   A       […]

Categories
Legal Format

Tenancy Agreement Format

THIS AGREEMENT is made on this ………….. Day of ………………… ….. BETWEEN ____________________________, son of ______________________________, residing at _______________________________________ hereinafter called the LANDLORD (which expression shall unless repugnant to the context and meaning thereof, include his heirs, legal representatives and assigns) of the ONE PART -AND- ___________________________________, son of _________________________ residing at _____________________________________hereinafter called the […]

Categories
Legal Format

Legal Notice to Vacate Property under Section 106 format

Dated: To __________________ Dear Sirs, Re: _______________________________________________ Our Client: ______________________________________ Under instructions received from and on behalf of our client above named, we do hereby address you as follows. 1. The ______________________of the ______ Floor of _________________________ measuring _______sq. ft. has been let out to you for commercial use. You are holding the said ______________ […]

Categories
Legal Article

Incorporating Limited Liability Partnership (LLP) in India

The introduction of Limited liability Partnership (LLP) in India has created a huge difference in how corporate bodies are structured, run and taxed in this country. Traditionally speaking, the corporate structures prevalent in India were incorporated companies, proprietorships or partnerships. Further, proprietorships and partnerships in India lacked business capital which created a hindrance to business […]

Categories
Legal Article Real Estate Help

Real Estate Regulation Scenario in India

The Indian housing industry is rapidly surging ahead as demand for property is a never-ending constant truth of life. This has inadvertently resulted in upswing of real estate companies of all sorts, big, small and mid-sized companies that are vying for attention of the buyers. However, in this pandemonium, the consumer has been the biggest […]

Categories
Legal Format

Civil Suit for Damages – Vicarious Liability

CIVIL SUIT NO. _____ OF ______ In the High Court at Calcutta ORDINARY Original CIVIL Jurisdiction ……… Plaintiff -Versus-                                       …….  Defendants REGISTERED ADDRESS OF THE PLANTIFF SI. NO. Name 1.    Plaintiff      Advocate-on-Record   For Plaintiff. CIVIL SUIT NO. ____ OF ______ In the High Court at Calcutta ORDINARY Original CIVIL Jurisdiction […]

Categories
Legal Article

Dimensions Of Online Arbitration In India

Abstract The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at the national as well as international stages. Arbitration is one of the modern techniques of alternative dispute resolution (ADR) that has gained a lot of prominence due to the freedom it offers to the disputants. Online Arbitration […]

Categories
Legal Format

Partnership Deed Format

THIS DEED OF PARTNERSHIP made this ………. day of April ____ BETWEEN ___________ (formerly Known as ____________ and also as _________________) a company within the meaning of Companies Act, 1956 and having its registered office at ________ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include its […]

Categories
Legal Format Real Estate Help

Will and Testament Bequeathing / Vesting Property to Trust

I, ____________ widow of Late _______________________, aged about ____ years, Hindu Inhabitant of _____________, do hereby make this my last Will and Testament. I hereby revoke all wills or testamentary writings made by me heretobefore and declare this to be my last Will and Testament. I. I appoint my ________________________ (or their survivors or survivor) […]

Categories
Legal Article

Role of Due Diligence in Mergers and Acquisition

Introduction Ever since the Indian Economy opened itself to the foreign market after the economic liberalization reforms of 1991, Mergers and Acquisitions have become a common phenomenon throughout India. In a highly competitive global environment, mergers and acquisitions have turned out to be one of the fastest strategic options for companies to gain competitive advantage. […]

Categories
Legal Article Real Estate Help

Land Reforms vis-a-vis Urban Land Ceiling Act and its Connotations in West Bengal

Land continues to be of growing importance in today’s age of technology and development and the essence of land is etched deep within the history of India. The concept of ownership of land was not prevalent in ancient India and from Vedic era till the establishment of Lord Ashoka “zamindars” were non-existent. Kings thereafter did […]

Categories
Legal Article Real Estate Help

Note on Section 14 of Delhi Rent Control Act

Safeguards to Tenant Under S. 14(1) (c) # Purpose for letting (i) residence, (ii) commercial, or (iii) any other purpose -> must be proved by landlord [I.D.Malik v Duli Chand 1968 RCJ 187] #Initial Purpose to run grocery shop, later running book-shop – > no ground for eviction [Rattan Lal v Asha Rani JT 1988 […]

Categories
Legal Format

Consumer Complaint Format

BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM, NEW DELHI CONSUMER COMPLAINT NO. _______ of _______ IN THE MATTER OF:- SMT. _____________________ D/O _______________________, R/O  _______________________ NEW DELHI                                                                                     …COMPLAINANT VERSUS ______________________ BANK ___________________ _______________________ NEW DELHI – 110001                                                                      …RESPONDENT COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT 1986 AND RULES AND REGULATIONS FRAMED IN THIS BEHALF […]

Categories
Legal Article

Custodial Interrogation in India

Custodial interrogation implies when an accused is in the custody of enforcement officials or police officers for interrogation. While in custody, several rights of the accused are on hold but some basic human and fundamental rights are nonetheless within his reach. The conditions for grant of custodial interrogation: (section 167 Cr.P.C.) Investigation not complete within […]

Categories
Legal Article Real Estate Help

Deconstructing West Bengal Thika Tenancy

In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental […]

Categories
Legal Format

Domestic Violence Section 12 Complaint Format

IN THE COURT OF DISTRICT JUDGE, ______________, ____ IN THE MATTER OF: IN THE MATTER OF: 1.       ________________ W/O SHRI _______________ D/O _________________ R/O ___________________ ______________                         ..COMPLAINANT/PETITIONER VERSUS SHRI ____________ S/O _________________ R/O _______________ SHRI _______________ S/o late Shri ___________ R/o __________________ SMT ______________________ W/o SHRI _____________ R/o ________________________ ..ACCUSED/RESPONDENT                                        P.S. _____________ APPLICATION […]

Categories
Legal Article

West Bengal Government Compensation to People Dying of Natural Calamities Including Snake Bite

Update August 2014: Due to a recent Calcutta High Court ruling in Madhav Chandra Mondal v State of West Bengal and due to change in West Bengal State Disaster Management policy, compensation is now being granted to family members of persons who have died unnaturally by lightning strike. Do check this official website of West Bengal […]

Categories
Legal Format

Format SLP (Special Leave Petition) Criminal

IN THE SUPREME COURT OF INDIA (CRIMINAL APPELLATE JURISDICTION) SPECIAL LEAVE PETITION (CRL.) NO.    ______    OF ______ (Under Article 136 of the Constitution of India) (WITH PRAYER FOR INTERIM RELIEF)                                        POSITION OF PARTIES                                        In the High Court         In this Court BETWEEN: ___________,                                   Appellant No.2                Petitioner Son of ________, Sunari, P.S.: Suneel, District Jhalawar […]

Categories
Legal Format

Winding Up Notice Format

SPEED POST/REGISTERED POST WITH A/D.                                                                                                               Dated: To                                                                         __________ __________ Dear Sir(s),   Re:    Notice under section 434 (a) of the Companies Act, 1956 for winding up of the addressee Company due to outstanding debt amount of Rs. ______________/- (Rupees ____________________ only) along with interest @ 18% per annum pending payment. […]

Categories
Legal Article Real Estate Help

Tax Clarifications For Your Multiple House Property Investments

Tax Clarifications For Your Multiple House Property Investments

Categories
Legal Article

Status of the Coal Controller and its Functions vis-à-vis Coal Industry India

Coal Controller’s Organisation is a subordinate office under the administrative control of Department of Coal, Ministry of Coal, having its headquarters at Kolkata and five field offices located at Dhanbad, Ranchi, Bilaspur, Nagpur and Kothagudem with their jurisdiction as follows: Field Offices Jurisdiction Dhanbad Collieries under BCCL, TISCO (Jharia), IISCO, BECML, ICML, CML & PSEB […]

Categories
Legal Article

Deconstructing the Right to Education Act, 2009 and Child-Labour in India

Today, with thriving population in India, there are millions of children living on the streets, unattended, uncared for and with practically no future at all. Under prevailing political, social and economic situation in India, there’s little doubt that the percentage of children living on the streets and working as bonded labourers would manifold increase with […]

Categories
Legal Article

Validity and Legal Enforceability of Side Letters in India

Side Letters in India Side letters are commonly entered into by parties in commercial transactions. Side letters are ancillary to the main documents and parties generally enter into side letters to the main subject matter of the agreement. Side letters also help parties to finalize contingent terms that are yet to be decided or when […]

Categories
Legal Article

Criminal Action after 5 Years and Bar of Section 468 Cr.P.C.

Criminal Complaint after 5 years has lapsed and whether the bar under Section 468 of Cr. P C, 1973 will be applicable in initiating criminal action in the above mentioned case. Limitation prescribed under Section 468 of Cr.P.C. applies to only non-serious cases where the imprisonment term does not exceed three years. The section 468 […]

Categories
Business in India Legal Article

Stamp Paper Validity

The basic purpose of Indian Stamp Act, 1899 is to raise revenue to Government. However, over a period of time, the stamped document has obtained so much value that a ‘stamped document’ is considered much more authentic and reliable than an un-stamped document. Power of Parliament in respect of stamp duty – Parliament can make […]

Categories
Legal Format

Marriage Settlement Memorandum of Understanding (MOU) Format

  MEMORANDUM OF UNDERSTANDING   This MEMORANDUM OF UNDERSTANDING   made    this       _______      day   of   _______      between _____________________________________, son of_______________________, aged _____________about_____years residing at_______________________, hereinafter refereed to as the “First Party”                                                AND MS ______________, wife of _______________________, daughter of ________________, aged about ______ years, residing at_______________________________________________, hereinafter refereed to as the “Second Party”.           […]

Categories
Legal Format

Development Agreement Format

DEVELOPMENT AGREEMENT THIS AGREEMENT is made on ______day of ______, 2013, BETWEEN   (1) SRI _____________, S/o late ______________, by religion Hindu, by occupation Business, residing at ____________________________, (2) SRI ______________, S/o late _____________________, by religion Hindu, by occupation Business, residing at ___________________________, (3) SRI ________________, S/o late ____________, by religion Hindu, by occupation Business, […]