Archive for the ‘Legal Forms’ Category

THIS AGREEMENT made at  ………………..  this ……….. day of    ……………, 20…, between X, son of ………………….. resident of ……………………… hereinafter referred to as the ‘Transferor” of the FIRST PART, Y, daughter of  …………….. resident of ………………………  hereinafter referred to as the “Transferee” of the SECOND PART and Z, a company, having its registered office at …………………….. hereinafter referred to as the “Confirming Party” of the THIRD PART.

 

WHEREAS by an Agreement dated ………………. made between Z, therein referred to as the Developer and, hereinafter referred to as the Confirming Party of the ONE PART and the Transferor, therein referred to as the flat Purchaser of the OTHER PART, the Confirming Party has agreed to sell and the transferor has agreed to purchase one flat bearing No. …………… on the    ……………. floor in the building, being constructed by the Confirming Party on the piece of land bearing Plot No. …………… situated at…………………………………………………. and more particularly described in the Schedule 1 to the said agreement being the same as described in the Schedule A hereunder written;

 

AND WHEREAS the agreement between the Confirming Party and the transferor, hereinafter referred to the said agreement, has been duly registered under the Registration Act, 1908 as required under the ………….. Ownership Flats Act, ……….

 

AND WHEREAS the transferor has agreed to assign his rights and benefits under the said agreement to the transferee and the transferee has agreed to purchase the same on the terms and conditions hereinafter contained;

 

AND WHEREAS the confirming party has informed transferor that the flat will be ready by ……………….. and he has no objection in the transfer of the said agreement by the transferor and the transferee and has agreed to join as the Confirming Party to these presents.

 

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

 

1. In pursuance of the said agreement and in consideration of the sum of Rs. …………… paid at the time of these presents (the receipt whereof the said transferor does hereby acknowledge and admit), the transferor assigns to the transferee all his rights, benefits and interest to purchase the flat No…………………… on the  …………… floor in the building under construction on the piece of land described in Schedule A hereunder written, under the said Agreement between the Confirming Party and the transferor.

 

2. The transferor hereby declares that the said agreement is valid and subsisting and he has not assigned the benefit of the said agreement to any person.

 

3. The transferee will be entitled to all the rights, benefits and interest belonging to and available to the transferor under the said agreement.

 

4. The Confirming Party hereby agrees and declares that he shall hand over the possession of the fiat to the transferee, as soon as it is ready and the transferor will be entitled to the amounts deposited by the transferor with the Confirming Party under the said Agreement and the transferee shall be given the shares in the Co-operative Society of the flat owners in respect of the flat, as and when the Society is registered.

 

5. The transferor declares that he will have no interest, right and benefits in the said agreement and in the flat to be acquired by virtue of the said agreement.

 

6. The transferee has satisfied himself about the rights of the Confirming Party about the sale of the flat to the transferor and the building plans and he shall not be entitled to raise any objection about the right of the Confirming Party or the building plans in future.

 

7. The transferee agrees and undertakes to be bound by the liabilities and obligations of the transferor under the said agreement.

 

Schedule A referred to above:

 

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and on the day and the year first herein above stated.

 

 

SIGNED AND DELIVERED by the            }

Within named “Transferor”                 }

_____[Name]____________              }  _____________________

in the presence of the witnesses:                     }

1.                                                                     }

2.                                                                     }

 

 

 

 

SIGNED AND DELIVERED by the            }

Within named “Transferee”                 }

____[Name]____________                }  _____________________

in the presence of the witnesses:                     }

1.                                                                    }

2.                                                                     }

 

 

 

 

SIGNED, DELIVERED AND CONFIRMED by the         }

Within named “Confirming Party”                 }

____[Name]____________                }  _____________________

in the presence of the witnesses:                     }

1.                                                                    }

2.                                                                     }

 

 

Advertisements

THIS DEED OF ADOPTION made this …….day of………………..20__ BETWEEN ________________ son of ______________________ residing at _______________________________ hereinafter called the DONOR of the FIRST PART and ____________________________ wife of ____________________ residing a _____________________ hereinafter called the FIRST CONFIRMING PARTY of the SECOND PART and  ___________________ son of _________________________ residing at _____________________________ hereinafter called the DONEE of the THIRD PART and ___________________ wife of ___________________ residing at __________________ hereinafter called the SECOND CONFIRMING PARTY of the FOURTH PART;

WHEREAS

A.        The parties hereto are governed by the Mitakshara School of Hindu Law.

B.         ______________, the minor daughter/son of the DONOR and the FIRST CONFIRMING PARTY, has been living with her maternal uncle the DONEE herein and the maternal Aunt the SECOND CONFIRMING PARTY herein since the age of ____ years and the DONEE and the SECOND CONFIRMING PARTY have been maintaining and looking after the said ____ as their own daughter/son and the said ________ has been treating the DONEE and the SECOND CONFIRMING PARTY as her/his own Father and Mother respectively.

C.         The DONEE has no daughter/son or son’s daughter/son of his own and being desirous of taking the said _____ in adoption with the consent of the SECOND CONFIRMING PARTY approached the _____, his ___________ who has two daughters/sons namely ______________ and the said ____________, for the purpose of giving his daughter/son __________ aged ____ years and _____ months born of his wife, the FIRST CONFIRMING PARTY on the ________________, in  adoption unto the DONEE and the DONOR with the consent of the of the FIRST CONFIRMING PARTY agreed to the same.

 

D.        The DONEE with the consent of his wife, the SECOND CONFIRMING PARTY agreed to take the said _____ in adoption and the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY agreed to give their daughter/son, the said ________________ in adoption unto the said DONEE.

E.         Pursuant to the said agreement and consent the said ____ was on the ___________________ given in adoption by the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY unto the DONEE aforesaid with the consent of the SECOND CONFIRMING PARTY, the wife of the DONEE.

F.         All the religious rites and ceremonies including that of __________ with regard to the said adoption were duly performed at______________________ and physical acts of giving and taking the _______________ in adoption with intent to transfer have also been duly performed on the said __________________ at the said place in presence of the brotherhood of the DONEE’s family and since ___________________ the said _______ is known as _____________.

G.        Since the said date of adoption the ______________ ceased to be a Member of the family of the DONOR and has become the Member of the family of the DONEE and has become entitled to be as heir of the Estate of the DONEE and his wife the SECOND CONFIRMING PARTY as if she was their own natural born daughter/son and the DONEE and the SECOND CONFIRMING PARTY have been treating the said ____________ as their own natural born daughter/son.

H.        Since the said fact of adoption has not been recorded in writing it has been thought expedient to record the same as hereunder:

 

NOW THIS INDENTURE WITNESSTH that the parties hereto have agreed to the following and they do hereby declare as follows:

1.         The DONOR has capacity to give and the said DONEE has capacity to take the said ____________ in adoption.

2.         It is also declared that the said ___________ has not been given in Adoption before to anybody else.

3.         The adoptive Father i.e. the __________ is more than twenty one years older than the said adopted ______________.

4.         It is recorded that on the ________________ the DONOR with the consent of his wife the FIRST CONFIRMING PARTY hereto gave his daughter/son the said ___________ aged about ___ years and ____ months having been born on _______________ in adoption unto the DONEE with the consent of the DONEE’s wife the SECOND CONFIRMING PARTY herein.

5.         It is also recorded that all the religious rites and ceremonies with regard to the said adoption including that of _______________had been duly performed and observed in presence of the brotherhood of the DONEE’s family and the said ____________ was physically given by the DONOR and taken by  the DONEE in adoption as aforesaid at the said place at _______________.

6.         Since after the said adoption the said __________ has ceased to be a Member of the family of the DONOR and the FIRST CONFIRMING PARTY and has become a Member of the family of the DONEE and the SECOND CONFIRMING PARTY and as such the said ___________ has become entitled to all rights and obligations as their natural born daughter/son.

7.         The Adopted Child/Son/Daughter by virtue of the said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor’s property by Survivorship except that if a legitimate son/daughter is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

8.         The Adopted Child/Son/Daughter by virtue of the said adoption shall not lay any claim hereinafter against the DONOR and the FIRST CONFIRMING PARTY for expenses incurred by him/her for the education and/or maintenance of the said adopted Son/Daughter.

 

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals the day month and year first above written.

 

SIGNED SEALED AND DELIVERED

by the DONOR abovenamed at _________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the FIRST CONFIRMING PARTY at ___________

in the presence of :

 

SIGNED SEALED AND DELIVERED

by the DONEE abovenamed at ___________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the SECOND CONFIRMING PARTY at _________

in the presence of :

 

IN THE COURT OF SH.____________, LD. SPL JUDGE, NEW DELHI

IN THE MATTER OF:

CBI       V/S      _________________________

____________/ CBI (DTD. _______)

NDOH: ________

APPLICATION ON BEHALF OF ACCUSED _______________ FOR PRODUCTION OF CASE DIARIES U/S 172 CrPC

IT IS MOST RESPECTFULLY SUBMITTED A UNDER:

  1. That the applicant/accused is innocent and has been falsely implicated in the case.
  1. That the applicant/accused is languishing in police custody since _______________.
  2. That u/s 172 CrPC, the investigative agency (CBI in the present case) is required to maintain a diary, containing the day to day proceedings in the investigation with particulars such as the time, place etc. Also, the diary is required to be in a volume and duly paginated, under sub Section (1-B) of section 172 CrPC.
  1. That this Hon’ble Court may call for the police diaries of any case under inquiry or trial.
  1. That it is necessary and would be in the interests of justice, to call for the police dairies in the present case, for perusal of this Hon’ble Court, to assess whether the mandatory provision of section 172 CrPC is being complied with and to ensure that the same is complied with in the present case.

PRAYER

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

a.)    direct the C.B.I to place before this Hon’ble Court the police diaries in the aforesaid case

b.)    pass any other order as may be deemed fit in the facts of the case.

Applicant/Accused

                                                     Through

(Counsel)

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 having their registered office at __________________________.

…Respondent-Company

A N D

IN THE MATTER OF:-

­­­­­M/s _______________, having their registered office at _______________.

…Petitioner Company

To,

The Hon’ble ____________, Chief Justice, And His Companion Justices of the said Hon’ble Court

The humble petition of the petitioner company abovenamed most respectfully

S H E W E T H:

  1. The address of the Petitioner Company for services of all notices, processes, etc. is that of its Advocate, ______________________________.
  2. The respondent company abovenamed, namely _____________ (hereinafter referred to as ‘the said Company’) was incorporated in terms of the provisions of the Companies Act, 1956. The registered office of the company is situated at _____________________, within the jurisdiction of this Hon’ble Court.
  3. The authorized share capital of the said Company (as per the inspection of the file of the said Company at Registrar of Companies, West Bengal, Kolkata on ___________) is Rs. _________________/-, divided into _____/- equity shares of Rs. ____ each.
  4. The main objects for which the said Company was incorporated are, inter alia, as follows:
  5. To carry on the business of ____________
  6. (b)      .
  7. There are other objects more particularly stated in the Memorandum & Articles of Association of the Respondent-Company. The Petitioners crave leave to refer to and rely upon the Memorandum & Articles of Association of the Respondent-Company at the time of hearing, if necessary.
  8.  

    The main objects for which the Petitioner Company was incorporated are, inter alia, as follows:

To carry on the business of ______________ and for that purpose to purchase and sell ________________________ of all kinds and description including any _______________ in India or abroad or any type like ________________ to promote the sale or any other interest of its clients.

In this connection a copy of the Memorandum of Association of _____________ is annexed hereto and marked with letter ____ (Page – ­­­_____).

8. The Petitioner Company states that the said Company is indebted to the Petitioner Company for a sum of Rs. _________/-(Rupees __________________ only) being the principal amount in view of the facts more fully stated herein below.

9. At all material times and even now the Petitioner Company herein is engaged in the business of _____________. The petitioner company is equipped with ultra modern equipments and has got specialized knowledge and techniques to maintain the high standards, holds remarkable goodwill in the trade and has been enjoying an impeccable reputation in the market.

10. That before the ________ in the year ____, the said Company approached the petitioner company and sought for the business offers of the Petitioner Company with regard to __________ in Kolkata. Accordingly the said Company accepted the offers of the Petitioner Company and placed certain orders of ____________ in Kolkata. The petitioner company placed its bills upon the said Company against the said orders and the said Company paid the same. The said conduct of the said Company impressed the petitioner company and the petitioner company, with reasonable belief, relied upon the said Company. Thereafter in the month of ____________, the said Company again placed certain similar orders to the petitioner company _____________in Kolkata for the period ________ to ________________.

11. On the basis of such orders of the said company, the petitioner company _________________ for the period from __________________ and accordingly raised bill being no. ___________ dated ____________ for a sum of Rs. ______________/- upon the said Company. The said Company duly received the said bill dated __________________. The petitioner company was in an impression that the said Company will definitely make payment of the said bill.

12. The said bills raised by the petitioner company, covering the entire order placed by the said Company in _______, amounted to a sum of Rs. ______________/-.

13. That the petitioner company through its Advocate sent a legal notice dated ________ under speed post with acknowledgement due under section 434(a) of the Companies Act, 1956 at the registered office of the said Company. The said notice, inter-alia, stated brief facts and called upon the said Company to make the payment of the outstanding amount Rs. ________/- towards the principal amount along with the interest dues and statutory liability within a period of  21 days from the receipt of the said notice by the said Company. A copy of the legal notice dated __________ is annexed hereto and marked with the letter __ (Page – ­­­_____).

14. That the said Company duly received the said legal demand notice dated __________ of the Petitioner Company on ___________ but till date failed and/or neglected and/or refused to reply the same.

15. That the said Company, through its Advocate by a letter dated _______________, replied to the said Petitioner Company’s legal notice dated ______________ whereof the Petitioner Company’s demand had been refused. The Petitioner Company reserves its right to make appropriate submissions regarding the contents of the said letter dated _____________ before this Hon’ble Court at the time of hearing of this application, if necessary. In this connection, a copy of the said letter dated _________ is annexed hereto and marked with letter __ (Page – ­­­_____).

16. That the said outstanding amount of Rs. ____________/- is a liability on the part of the said Company and an interest @ 18% on the said outstanding also stands against the said Company. The Petitioner company states that it is a matter of regret that despite various requests the said Company had failed to discharge its liability. Under such circumstances it is obvious that the said Company is unable to pay the debt/outstanding. Needless to mention that no dispute whatsoever was raised by the said Company with regard to the entitlement of the Petitioner Company to get the said outstanding.

17. That even though the said Company has not been able to pay the admitted dues to the petitioner company, the said Company for the sole purpose of avoiding and thwarting the present winding –up proceedings is now trying to give the color of bonafide disputes to the said fictitious, concocted and frivolous disputes as referred in preceding paragraph.

18. That a period of well more than 21 days have elapsed from the date of service of the statutory notice upon the said Company and the said Company has failed and neglected to pay the amount claimed therein. In these circumstances, there is a statutory presumption that the said Company is unable to pay its debts and is therefore consequently liable to be wound up.

19. In the aforesaid facts and circumstances, a sum of Rs. _________/- along with an interest @ 18% thereof remains due thereon.

20. The Petitioner Company most humbly states that it has now come to learn that the said Company has become commercially insolvent and is unable to pay its dues. It has also come to the knowledge of the petitioner that the liabilities of the said Company far exceed its assets and the said Company is in involved circumstances as there are a large number of creditors.

21. The Petitioner Company has further come to learn that the commercial substratum of the said Company has been lost and that the said Company is unable to pay its creditors. The Petitioner Company states that the existence of the said Company is a threat to the commercial world.

22. The Petitioner Company apprehends that the said Company will dispose of its assets with a view to defeat the claims of its creditors including the Petitioner. The Petitioner Company, therefore, submits that it is just, necessary, in the interest of justice and convenient that pending the hearing and final disposal of the petition, the Official Liquidator or some other fit and proper person to be appointed as the Provisional Liquidator of the said Company with all powers under the Companies Act, 1956. The Petitioner Company submit that if the aforesaid reliefs are not granted grave and irreparable loss and injury will be caused to the Petitioners and the other creditors of the said Company whereas, if the same are granted, no prejudice will be caused to the said Company. The balance of convenience is in favour of the Petitioner.

23. That the registered office of the said Company is situated at Kolkata. This Hon’ble Court, therefore, has jurisdiction to receive, try and dispose of this Petition.

24. In view of the aforesaid facts and circumstances and as the said Company is unable to pay its debts, it is just, fair and equitable that the said Company should be wound up in accordance with the provisions of the Companies Act, 1956.

25. Until and unless orders are passed as prayed for herein, the Petitioner Company will suffer irreparable loss, prejudice and injury.

26. This application is bona fide and for the ends of justice.

The Petitioner Company, therefore, most humbly prays Your Lordships for the following orders:

a)      That the said Company viz.___________ be wound-up by and under the orders and directions of this Hon’ble Court under the provisions of the Companies Act, 1956.

b)     That the Official Liquidator attached to this Hon’ble Court or some other fit and proper person to be appointed as Liquidator of the said Company to take charge of the business affairs and the assets of the said Company with all the necessary powers under the Companies Act, 1956.

c)      That pending the hearing and final disposal of this petition, the Official Liquidator attached to this Hon’ble Court or some other fit and proper person to be appointed as Provisional Liquidator of the said Company to take charge immediately of the business affairs and assets of the said Company with all powers under the Companies Act, 1956.

d)       Costs of and incidental to this application be paid by the Official Liquidator to the Petitioner Company at the first instance out of the sale proceeds of the assets and properties of the said Company;

e)        For such further and other reliefs as in the nature and circumstances of this case this Hon’ble Court may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

PETITIONER COMPANY’S

ADVOCATE.

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
       
2. Urgent Application   B
       
3. Memo of party   C
       
4. Criminal Misc. Main petition for quashing of FIR no. ___ dated _______, U/S 285/304-A IPC, P.S. _______, u/s 482 Cr.P.C. alongwith affidavit

 

  1 –
5. Annexure P-1

Copy of FIR No.___ dated _____

   
       
6. Annexure P-2

Copy of Compromise Deed dated ______

   
       
7. Annexure P-3

Copy of the Demand Draft dated _________

   
       
8 Annexure P-4

Affidavit of Respondent No. 2

   
       
9. Application for exemption from filing certified copies of the annexures alongwith affidavit    
       
10. Vakalatnama    

 

 

 

Petitioner

Through

________

Advocate

 _______________,

Place:                                                  _____________________

Date:                                                  Delhi High Court, New Delhi

 

 

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

 

 

NOTICE OF MOTION

 

Sir,

 

The enclosed petition in the aforesaid matter is being filed on behalf of the petitioner and is likely to be listed on __________ or any date, thereafter. Please take notice accordingly. Issue any appropriate order for quashing and setting aside the FIR No. ___ dated ______.

 

 

Petitioner

Through

Advocate

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

 

To,

The Deputy Registrar,

Delhi High Court,

New Delhi

 

Case No. ________________________ of 2010

 

IN THE MATTER OF:

 

_____________________                             …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

URGENT APPLICATION

Sir,

Will you kindly treat the accompanying petition as urgent one in accordance with the High Courts Rules and Orders.

1.       The ground of urgency are:

 

 

Yours faithfully,

 

 

 

 

 

 

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

 

MEMO OF PARTIES

 

1.

2.

 

…       PETITIONERS

 

Versus

1.       N.C.T. of Delhi

2.

…       Respondents

 

 

 

 

 

Petitioner

Through

Advocate

 ____________,

Place:                                                  ______________

Date:                                                    Delhi High Court, New Delhi

 

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

_____________ &  Others                            …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

 

CRIMINAL MISC. MAIN PETITION FOR QUASHING OF FIR NO.____ Dated _________, U/S ________IPC, P.S. _______________, DELHI, U/S 482 CR.P.C.

 

It is most respectfully submitted as under:-

  1. That the petitioner no 1 is a ___________ and petitioner no. 2 is working as a Manager of the petitioner no. 1 concern.
  2. That the respondent No. 2 is the of the deceased, Late
  3. That the deceased was working as in the factory of petitioner no 1 and was drawing a monthly salary of Rs. ______/- per month.
  4. That on _______ the deceased unfortunately died in an accident while working in the factory of the petitioner no. 1.
  5. That an FIR No. _____ was registered at P.S. __________   on _____, U/ss 285/304-A IPC in connection with the death of the deceased ___________. Copy of the said FIR is enclosed and marked as Annexure P-1.

 

  1. That subsequently the parties executed a compromise deed dated __________, wherein it has been mutually agreed and settled between the parties that neither the petitioners nor any other person was responsible for the death of the deceased, which took place by way of an accident under extremely unfortunate circumstances. A copy of the Memorandum of Settlement is enclosed and marked as Annexure P-2.
  2. That it has been settled between the parties in the aforesaid Compromise Deed that the petitioner no. 1 has agreed to pay a sum of _______/- (Rupees _________ only) by way of Pay Order dated Copy of the aforesaid pay order is enclosed and marked as Annexure P-3(colly)
  3. That as per the Memorandum of Settlement executed between the parties, there is no claim or dispute whatsoever pending between the respondent as against the petitioners.   As per the settlement deed, the FIR No. _____ and the allegations made by the respondent in the FIR stand withdrawn and the respondent shall make a formal statement for quashing of the aforesaid FIR, before this Hon’ble Court. A copy of the affidavit of respondent no. 2 is enclosed and marked as Annexure P-4.

 

  1. That in view of the amicable settlement between the parties, the present petition is being filed for quashing of the aforesaid FIR.

 

  1. That the present petition is being filed on inter-alia the following amongst other grounds:-

GROUNDS

 

  1. For that the petitioners and respondent no. 2 have amicably settled the matter vide Memorandum of Settlement dated __________, whereby the respondent has agreed to the quashing of the aforesaid FIR No. ____.

 

  1. For that no useful purpose would be served by continuing the prosecution pursuant to the aforesaid FIR. It would be in the interests of justice that the said FIR is quashed.

 

  1. For that it has been settled between the parties that the death of was caused due to an accident and that no one was responsible for the same.

 

  1. For that in any event, on a reading of the FIR as it is, no offence whatsoever is made out against the petitioners including the offences U/S’s 287,336,304-A, IPC.

 

  1. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the instant petition.

 

  1. That this petition is being filed within a reasonable time and there is no delay in the same.

 

  1. That no other petition for quashing of FIR, has been filed by the petitioners before this Hon’ble Court or any other Court of law.

 

  1. That the aforesaid facts and grounds constitute the cause of action for filing the present petition.

PRAYER

In view of the aforesaid, it is most respectfully prayed that this Hon’ble Court may be pleased to:-

 

a)           Quash the FIR No. ____ U/s 287/ 336/304- A, Indian Penal Code, P.S. ________________;

b)           Pass any other order as may be deem fit and proper in the facts and circumstances of the case.

Petitioners

Through

______

Advocate

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

 

AFFIDAVIT

I, _________, S/o Late ______________, aged about ____ years, R/o ____________ do hereby solemnly affirm and declare as under:-

 

  1. That I am the petitioner in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying petition for quashing of FIR has been drafted by my counsel under my instructions.
  3. That the contents of the petition are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ____, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

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

 

AFFIDAVIT

I,                                    S/o                                           , R/o                                                            do hereby solemnly affirm and declare as under:-

 

  1. That I am the petitioner in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying application for exemption has been drafted by my counsel under my instructions.
  3. That the contents of the application are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ___, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

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

 

AFFIDAVIT

 

I, ________ W/o _________________ R/o _________________ do hereby solemnly affirm and declare as under:-

 

  1. That I am the respondent no. 2 in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That I have no objection to the quashing of FIR No. ___ dated _______ U/ss 285 & 304-A IPC registered in Police Station ____________. I have entered into a compromise in this regard, vide Compromise Deed dated ____________.
  3. That the contents of the affidavit have been read and explained to me in vernacular language.

 

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ___, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

I.A. No.______ of 20__

IN

Crl. Misc. (Main) No. ______ of 20___

IN THE MATTER OF:

 

__________________                         …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE ANNEXURES.

 

The Petitioner most respectfully submit as under:-

1.       That the certified copies of certain Annexures (as required by the Rules) mentioned in the accompanying petition, shall be filed before this Hon’ble Court in due course as and when the same are received.

PRAYER

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

a.       Grant exemption from filing of certified copies of certain annexures, with liberty to file the same in due course; &

b.       pass any other order as may be deemed fit in the facts and circumstances of the case.  

Petitioner

Through

Advocate

 

 

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

 

AFFIDAVIT

I, ______ , S/o ______ , aged about _____ ,Chamber _____,  New Delhi  do hereby solemnly affirm and declare as under:-

 

  1. That I am the proxy counsel in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying application for exemption for filing certified copies has been drafted by me.
  3. That the contents of the application are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of March, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

 

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 TENANT of the OTHER PART:

WHEREAS the Landlord is the sole and absolute owner of the Land and ______ storeyed house at ____________________ and hereinafter called as the said House.
WHEREAS the Tenant has approached and have requested the Landlord to allow the Tenant to use the Ground floor of the said house at ____________________________________________ for residential purpose and the Landlord agreed to grant a tenancy of the Ground floor of the said House to the Tenant and the tenant is residing there since ____________________ on the terms and conditions as mentioned herein under.

I. THE TENANTS HEREBY COVENANTS WITH THE LANDLORD AS FOLLOWS:
a. The Tenancy shall commence or deemed to have commenced from ______________________;
b. That the Tenant shall use the ground floor of the said House solely for residential purpose and for no other purpose which may any time be or become a nuisance or annoyance to the Landlord and/ or the occupants of the same premises and/ or other buildings in the neighborhood;
c. The Tenant shall pay a sum of Rs_____________________/- (Rupees _____________________________) only per month towards the rent. The said rent shall be payable to the Landlord according to the English Calendar month regularly without any default within the 7th day of each and every month for the month for which the same may be due. The tenant has also paid a sum of Rs______________/- as deposit.
d. The Tenant shall pay the electricity charges for the electricity consumed in respect of the ground floor of the said House without any default.
e. The Tenant if during the currency of the Tenancy Agreement are not willing to continue with the said tenancy then in that event they shall hand over peaceful and vacant possession of the said tenanted portion of the House to the Landlord in its original condition and the Landlord shall return the deposit to him or adjust the said deposit in the last month of the Tenant’s stay.

II. THE LANDLORD HEREBY COVENANT WITH THE TENANT AS FOLLOWS:
a) That the Landlord shall bear and pay all Property Tax, Corporation Tax, Urban Land Tax payable in respect of the said House or any other additional tax, cesses etc. which may be imposed by the Municipal Corporation and/ or any other statutory bodies.
b) That the Landlord will supply water to the Tenant from the overhead tank free of cost.

III. NOTICE :
Any notice required to be given by the Landlord to the Tenant shall be deemed to be duly received and served on the Tenant, if such notice has been addressed to the Tenant at their last known address as communicated to the Landlord and such notice shall be deemed to be validly given and will be binding and legal. Any notice required to be given to the Landlord by the Tenant shall be deemed to be duly received by and served on the Landlord if such notice has been addressed to the Landlord at his residence in _____________________ above written and has been sent by registered post.

IV. JURISDICTION :
This Tenancy Agreement has been made in all respects in the local jurisdiction of and payment of rent in respect of the Ground Floor of the said House shall be made in ______________ only. The Courts in _______________________alone shall have jurisdiction to entertain any suit, application or other proceeding in respect of any claim or dispute arising under this Tenancy Agreement.
IN WITNESS WHEREOF we, the abovenamed Landlord and Tenants, subscribe our hands and seal the day month and the year noted above.

SIGNED, SEALED AND DELIVERED by the LANDLORD abovenamed at __________________in the presence of:
1.
2.

SIGNED, SEALED AND DELIVERED by the TENANT abovenamed at _______________ in the presence of:
1.
2.

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 ______________ as a tenant under our client @ Rs. _____________ per Sq. ft. aggregating to Rs. ___________________/- (__________________) per month Only.

2. The tenancy in your favour was for _________ years and has expired on _____________________ but you have not yet handed over the vacant and peaceful possession of _______________________ measuring ____________to our client.

3. As our client ____________________ of ______________________________, who is the owner, is no longer interested in continuing with the tenancy, we, at the instance of our client, do hereby give notice that your monthly tenancy, in respect of ___________________________measuring ___________ sq. ft. shall stand terminated upon expiry of 15 days from the date of receipt of this Notice.

4. We, on behalf of our client, accordingly, call upon you to quit, vacate and deliver up peaceful and vacant possession of the ____________________________ measuring ________sq. ft. upon expiry of 15 days from the date of receipt of this Notice to our client in the same condition as _______________________________ measuring ___________ sq. ft. was given to you in the year ______.

5. In the event, you fail to quit, vacate and deliver up vacant and peaceful possession of ____________________________ measuring ______________________ sq. ft. upon expiry of 15 days from the date of receipt of the instant Notice, you will be treated as a trespasser and appropriate legal proceedings, against you, would be initiated for recovery of vacant possession of __________________________________ measuring ________________ and other reliefs. Needless to mention that you will be responsible for the costs and expenses thereof.

6. Please treat this Notice as a Notice under Section 106 of the Transfer of Property Act 1882.

Thanking you,
Yours faithfully,

 

Advocate
Copy to: Client

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

_____________________________________

 

……… Plaintiff

-Versus-

                                                                             …….  Defendants

CONCISE STATEMENT

The plaintiff prays for leave under Order 2 rule 2 of the Code of Civil Procedure 1908 and claims a Decree for Rs. __________/-; Alternatively, an enquiry into the damages suffered by the plaintiff as a result of the actions of the defendant no.1 and/or its employees and a decree be passed for such sum or sums as may be found due upon such enquiry; Interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court; Injunction; Receiver; Attachment; Costs; Such further and other reliefs.

Dated this the ____ day of _________________.

 

Advocate on Record For Plaintiff.

 

Civil Suit No. _____ of _________

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION

______________, a Company incorporated under the provisions of the Companies Act, 1956 and having its Regional Office at ______ outside the jurisdiction of this Hon’ble Court.

PLAINTIFF

-Versus-

  1. __________, a Company within the meaning of Companies Act, 1956 and having its ______ within the jurisdiction of this Hon’ble Court.
  2. ____________, working for gain at inter alia __________within the jurisdiction of this Hon’ble Court.

                   DEFENDANTS

  1. _______, residing at _________, outside the jurisdiction of this Hon’ble Court.

PRO FORMA DEFENDANT

The plaintiff states:

  1. The plaintiff is a________________.
  2. At all material times, _______ (the proforma defendant no. 3 named above) was and is the employee of the plaintiff. His Employee number is: No.________ and he was engaged under the ___________ and posted at the _____________of the consumers of the plaintiff.
  3. On ______________, at about _____________. the said proforma defendant no. 3 was on official duty at _______________ and was taking steps to _________.
  4. The said _________ belonged to and/or was being operated by the ground handling agents for _______________ the defendant no.1 named above. The said _________ was being driven by one _______________being the defendant no.2 named above, who is an employee of the defendant no.1.
  5. The proforma defendant no.3 was doing his duty and was not at fault for the said accident which occurred solely due to the negligence of the defendant no.2, being the driver of the _______. The said driver was arrested and criminal proceedings are pending against him.
  6. As a result of such accident, the pro forma defendant no. 3’s _________________ when his left leg was amputated.
  7. Immediately upon coming to learn about the incident, the plaintiff lodged a complaint (First Information Report) on ______________, regarding the same with the ______________ Police Station. In addition thereto the plaintiff conducted its own enquiry into the matter and prepared a detailed report _______________.
  8. The _____________ also immediately conducted an enquiry on ______________ into the said incident leading to the amputation of the left leg of the pro forma defendant no. 3 and submitted a detailed report bearing reference no. ______________.
  9. It shall appear from the facts stated above and from the said contemporaneous reports that the said accident occurred solely due to the wrong and negligent driving of the said _______. The particulars of negligence are set out more fully hereunder :-

a)        The defendant no.2 failed and neglected _________ with due care.

b)       The defendant no.2 was ____________in a rash and reckless manner even though he was well aware that there were several persons.

c)        The defendant no.2 failed to act with reasonable care and to stop.

d)       The said defendant no.2 failed to keep a proper look out.

e)        The said defendant no. 2 failed to give sufficient warning of his approach.

f)         The said defendant no. 2 failed to apply his brakes sufficiently or in time.

g)        The said defendant no.2 failed to maneuver _____ so as to avoid hitting the proforma defendant no.3.

h)       Since the pro forma defendant no.3 is and was a bona fide employee of the plaintiff and is covered by the Service Rule and Regulations of the plaintiff, the plaintiff is duty bound to bear all statutory and employment obligations in respect of the entitlement of the proforma defendant no.3 to compensation in accordance with law.

  1. The plaintiff’s Medical Board has declared the pro forma defendant no. 3 as permanently disabled and he is being paid full salary as he used to get before disablement. In that premises, though the plaintiff is not at all getting the service of the Pro Forma Defendant no.3 but is paying the monthly salary to him.
  2. In view of the fact that the plaintiff has to pay the proforma defendant no.3 his full salary until his retirement and the same amounts to Rs. ___________/-.  A schedule being Annexure “B” hereto showing the detail of the said amounts is given hereinafter. The plaintiff reserves its right to claim reimbursement of the said sums to be incurred by the plaintiff from the defendants no. 1 and 2 in future.
  3. The defendant no. 1 is an ________ company and carries on business inter alia from its regional office at ______________ within the jurisdiction of this Hon’ble Court. The defendant no.1 company is responsible for and is vicariously liable for the wrongful actions of its employee the defendant no.2 who was in any event acting under the employment of the defendant no.1 at the time the accident occurred on ___________________.
  4. The plaintiff in the facts and circumstances as aforesaid is entitled to and claims from the defendant no. 1 a sum of Rs. ___________/-, particulars of which is given herein below:
    1. Rs. ______________/- – as compensation payable to the Pro Forma Defendant no. 3 by the plaintiff under the provisions of the Workmen’s Compensation Act, 1923
    2. Rs. __________/- as the cost of hospitalization of the Pro Forma Defendant no. 3 and his medical expenses as being incurred by the plaintiff.
    3. Rs. _________/- as the compensation paid by the plaintiff on account on salaries to the Pro Forma Defendant no. 3 without getting any service from the Pro Forma Defendant no. 3.
    4. TOTAL : Rs. _______________/-
    5. The plaintiff is also entitled to interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court.
    6. The plaintiff through its learned advocates demanded the aforesaid sum by letter dated __________ from the defendant no. 1.  The defendant no. 1 in spite of receipt of the same failed and/or neglected to pay the said sum or to reply to the said letter. A copy of the said letter dated _____________ is annexed hereto and marked Annexure “C”.
    7. The plaintiff is the employer of the said the pro forma defendant no.3 named above. The said proforma defendant no.3 was injured and suffered loss and damage as a result of the negligent acts of the ______________ being the defendant no. 2, who is the employee of the defendant no.1 and/or its handling agent. The said accident was caused during course of employment of the said _______ driver while working for the defendant no.1 and as such the defendant no.1 is liable and/or vicariously liable to recompense the damage caused to the employee of the plaintiff and to the plaintiff. The pro forma defendant no. 3 has subrogated his claim against the defendants in favour of the plaintiff and therefore there is no bar in institution of the instant suit.
    8. The plaintiff states that as an employer, the plaintiff has a general right to be reimbursed from the said third party tortfeasor and/or his employer the defendant no.1, for benefits paid by the plaintiff to its employee for injuries caused by the said third party. The plaintiff states that irrespective of any rights of the pro forma defendant no.3, the plaintiff is entitled as the employer to bring this action so as to vindicate its interest in being reimbursed for payments made because of the third party’s malfeasance.
    9. The present suit is for a money claim.  The Defendant no. 1 carries on business from the said office at _____________ which is within the aforesaid jurisdiction.
    10. No relief is being claimed against the defendant no. 2 and the Pro Forma Defendant no.3 but their presence is required for proper adjudication of the present suit.
    11. The cause of action hereof arose firstly on _______________________ and thereafter continues from day to day. The present suit is not barred by any statute including the statute of limitation.
    12. Inasmuch as the claim of the plaintiff exceeds Rs. 10 lacs this Hon’ble High Court has and not the City Civil Court at Calcutta or any other Civil Court the jurisdiction to receive, try and determine the instant suit.
    13. For the purpose of jurisdiction and court fees the suit is valued at Rs. ________________ and ad-valorem court fees payable thereon under the West Bengal Court Fees Act has duly been paid. In any event, the plaintiff also undertakes to pay further court fees, if, those already paid are found to be deficient.
    14. In as much as the plaintiff is likely to have further claims against the defendant no.1 arising out of the same series of facts and circumstances mentioned above and since all such claims are not immediately quantifiable, the plaintiff reserves its right to make further claims against the defendant no. 1 in respect of the same cause of action and seeks leave to institute the instant suit with leave under Order 2 Rule 2 of the Code of Civil Procedure 1908.

In the premises, the plaintiff prays for leave under Order 2 rule 2 of the Code of Civil Procedure 1908 and claims the following reliefs:-

  1. Decree for Rs. _____________/-;
  2. Alternatively, as enquiry into the damages suffered by the plaintiff as a result of the actions of the defendant no.1 and/or its employees and a decree be passed for such sum or sums as may be found due upon such enquiry;
  3. Interim interest and interest upon judgement till recovery on the sum decreed as in the prayers above at 18% per annum and/or at such rate that is found fit and proper by this Hon’ble Court;
  4. Injunction;
  5. Receiver;
  6. Attachment;
  7. Costs.
  8. Such further and other reliefs.

 

Advocate-on-record for the Plaintiff.

 

 

V E R I F I C A T I O N

I, _____________, working for gain at ___________, the Authorised Signatory of Plaintiff and the _________________ of the Plaintiff, do hereby do hereby declare and state that the statements contained in paragraphs 1 to _______ and __ of the foregoing plaint including cause title thereof are true to my knowledge and those contained in paragraphs ____________ and __ are my respectful submission before this Hon’ble Court.

I sign this verification in my Advocate’s Chamber at _____________ on this ____ day of ________________.

Settled by –

 

Advocate

Drawn by –

 

Advocate

 

AFFIDAVIT

 

I, _____________, working for gain at __________, do hereby solemnly affirm and say as follows:-

  1. I am the Authorised Signatory of the plaintiff abovenamed. I am also the ___________ of the plaintiff and a Principal officer thereof. I have made myself acquainted with the facts and circumstances of this and I am competent and duly authorized to make the foregoing plaint and to affirm this affidavit on behalf of the plaintiff.
  2. That the statements made in paragraphs 1 to _____________ and ___ of the foregoing plaint including cause title thereof are true to my knowledge and those contained in paragraphs _______ and __ are my respectful submission before this Hon’ble Court.

Solemnly affirmed by ___________ in the Court House at Calcutta on this the _____ day of _______________.

 Before me

 Commissioner

 

LIST OF DOCUMENTS RELIED UPON BY THE PLAINTIFF

  1.        First Information Report lodged by the plaintiff on ____________, regarding the incident in question with the _________ Police Station.
  2.        Documents relating to the criminal proceedings in connection with the incident in question against the defendant no. 2.
  3.        Detailed Enquiry Report bearing reference No. __________ dated __________ prepared on the basis on the enquiry conducted by the concerned department of the plaintiff.
  4.        Detailed Enquiry Report bearing reference no. ____________ dated ___________ prepared by the ______________ on the basis of the independent enquiry conducted by its officials.
  5.        Documents in support of salaries paid by the plaintiff to the proforma defendant no. 3 between the periods ___________ to _________.
  6.        Documents in support of compensation payable to the proforma defendant no. 3 under the Workmen’s Compensation Act, 1923.
  7.        Documents in support of medical expenses incurred towards the treatment of the proforma defendant no. 3.

 

LIST OF DOCUMENTS PRODUCED WITH THE PLAINT

NIL

 

LIST OF DOCUMENTS ANNEXED WITH THE PLAINT
  1. Annexure “A”- A schedule showing such detail of payments made by the plaintiff to the pro forma defendant no.3 as indicated in paragraph – 13 of the plaint.
  2. Annexure “B”- A schedule showing such detail of payments that the plaintiff has to pay the Pro Forma Defendant no.3 his full salary until his retirement as stated in paragraph – 15 of the plaint.
  3. Annexure “C” – Copy of the letter dated _________ as stated in paragraph – 19 of the plaint.

 

Annexure-A

SCHEDULE- I

Detail of payments made by the plaintiff to the pro forma defendant no.3 as stated below:

 

  1. Rs. _______/- – as compensation payable to the Pro Forma Defendant no. 3 by the plaintiff under the provisions of the Workmen’s Compensation Act, 1923
  2. Rs. _____/- – as the cost of hospitalization of the Pro Forma Defendant no. 3 and his medical expenses as being incurred by the plaintiff.
  3. Rs. ________/- – as the compensation paid by the plaintiff on account on salaries to the Pro Forma Defendant no. 3 without getting any service from the Pro Forma Defendant no. 3.

Annexure-B

SCHEDULE- II

Detail of payments that the plaintiff has to pay the Pro Forma Defendant no.3 his full salary until his retirement as stated below:

 

 

Salaries for the periods between ___________ to ________.

[______ x __]

Rs. _________/-

TOTAL

Rs. ___________/-

 

CIVIL SUIT NO. ____ OF _____

In the High Court at Calcutta

ORDINARY Original CIVIL Jurisdiction

 

……… Plaintiff

-Versus-

                                     

…….  Defendants

          P L A I N T

 

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 successor or successors in interest and assigns)of the FIRST PART (2)________ a company within the meaning of the Companies Act, 1956 and having its registered office at _____________ and Head Office at __________ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include its successor or successors in interest and assigns) of the SECOND PART                         (3)___________ a company within the meaning of the Companies Act, 1956 having its registered office at _________ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include its successor or successors in interest and assigns) of the THIRD PART (____________ a company within the meaning of the 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 successor or successors in interest and assigns) of the FOURTH PART (5) ____________ a company within the meaning of the 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 successor or successors in interest and assigns) of the FIFTH PART (6)___________ a company within the meaning of the 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 successor or successors in interest and assigns) of the SIXTH PART (7)______________a company within the meaning of the 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 successor or successors in interest and assigns) of the SEVENTH PART ( ) a company within the meaning of the 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 successor or successors in interest and assigns) of the ______ ( )_______________, a company within the meaning of the 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 successor or successors in interest and assigns);

WHEREAS on _______ one ___________ by a Deed of Conveyance dated ________ registered in Book no I, Volume No.____________ at the office of Registrar of Assurance, _____ acquired and became entitled to ALL THAT the premises ____________ now known ________ containing by measurement an area of _________ sq. ft. a little more or less together with brick built message tenement or dwelling house more fully described in the said deed.

AND WHEREAS on the death of aforesaid ________________ the said premises devolved on __________________________.

AND WHEREAS on the death of aforesaid _____________ the said premises devolved on __________________.

AND WHEREAS on ________ the said __________ died intestate leaving behind _______________________ as her only heirs, heiresses and legal representatives and on the death of the said ___________ the said _____________________ jointly became absolutely entitled to the estate of the said _____________, since deceased, including the said premises each being entitled to undivided _________ share in __________________________.

AND WHEREAS on ___________ by another Deed of Conveyance dated _____________ Being no._____ for the year _________ registered in Book No. I in the office of the District Registrar at _____________, the Parties herein acquired from the _________________ all their right title and interest claim or demand in upon or over the land measuring about _________sq. ft. comprised in premises ______________ which have been in possession of _____________________.

AND WHEREAS on ____________ by another Registered Deed of Conveyance dated _______, ___________ being No.____________ for the year ___ Registered in Book No. ____________ in the office of the District Registrar ____ the parties herein acquired from the said ___________________ all their right title and interest in and upon ____________________ Sq.ft. comprised to the said premises No.___________________.

AND WHEREAS the parties herein thus become entitled to the said ___________Sq. ft. comprised in Premises No. ___________________________.

AND WHEREAS prior to purchase and acquisition of the said premises the said _____________________. are alleged to have entered into agreement for sale of the said premises with _______________________ have alleged to entered into agreement for assignment of the lease hold interest in favour of __________________.

AND WHEREAS various suits and proceedings are pending in respect of and concerning the said premises No.___________________________.

AND WHEREAS since the purchase of the said premises the said ________________ have been defending various proceedings and have taken steps to protect the said premises from wrongful intruders, trespassers and have been incurring all costs and expenses therto.

AND WHEREAS the parties hereto agreed to develop the said premises in co-partnership under the name and style of ____________ upon and subject to the terms and conditions hereinafter appearing.

NOW THIS INDENTURE WITHNESSETH and the parties hereto hereby mutually agreed and declare to became and carry on business in Co-partnership inter alia, on the terms and conditions hereinafter mentioned.

  1. The partnership is deemed to commence on and from the 1st of April, _________.
  2. The business of the partnership shall be carried on under the name of style of __________________. The Partners may by mutual consent change the said name or carry on business by any other name or names.
  3. The Office at the Partnership shall be at _________. The partners may be mutual consent carry on the business at such other place or places as may from time to time be mutually agreed upon by and between the partners in writing.
  4. The business of the partnership shall be to develop lands, buildings and hereditaments of any tenure or description whatsoever and any estate or interest therein and any rights over or connected with land and in particular by preparing building sites, by constructing, reconstructing, altering, improving, decorating, furnishing and maintaining offices, flats, houses, factories, warehouses, shops, buildings, works and convenience of all kinds, and by consolidating or connecting, subdividing, properties, land by letting out leasing and disposing of the same in any manner whatsoever either in whole or by wise or apartments or flats. The partners may carry on any other business or businesses as may from time to time be mutually agreed upon by and between the partners. The partners may by mutual consent join with any other person or company in doing any of these things.
  5. The investment so far made by the parities for acquisition of the said premises or for its development shall be treated as their respective capital contribution to the partnership business. Whatsoever further capital will be required for the partnership business in future the same shall be contributed and/or arranged by the partners to the extent and in the manner to be agreed between them and such further capital whenever contributed by them or either of them shall be a loan to the partnership firm.
  6. The partnership business and its day to day activities shall be carried on by the partners jointly in consultation with each other
  7. The partnership monies and security for moneys as and when received shall be sent and deposited in the partnership business account.
  8. Each partner shall keep each other informed of the day to day development in the said partnership business.
  9. None of the partners shall be entitled to assign its right, title and interest and partnership business either by way of assignment, sale or otherwise.
  10. The net profits of the partnership after payment of all income-tax and other taxes, interest on loan, advances and other outgoing, and subject to the creation and maintenance of reserves or other funds shall be divided in equal proportion.
  11. The loss of the partnership firm shall be paid and borne by the partners in equal shares.
  12. All outgoing and expenses of the Partnership firm interest on loans, salaries and all losses shall be payable first out of the profit next out of the capital contributed by each of the partners.
  13. The usual books of account of the partnership shall be regularly kept and posted up at the place of the business of the partnership. Each partner shall have free access to the books of account at all reasonable times and shall be at liberty to inspect the same and other documents of the partnership and to take copies thereof and extracts therefrom.
  14. The business of the partnership shall be carried on by the partners with mutual consent and consultation.
  15. The Banking account or accounts of partnership shall be in the name of the firm. All such account or accounts shall be operated in all respect by any of the two partners. Any of the parties hereto may arrange loan or overdraft from bank or banks for the business of the firm. All such cheques, hundies, bill or exchange and negotiable instruments on behalf of the firm may be drawn endorsed or otherwise dealt with by any of the two partners.
  16. All the partners shall be entitled to withdraw such sum as may be mutually agreed upon between the partners, subject to availability of surplus funds. All such sums so withdrawn shall be debited in the respective account in the books of the partnership and shall be adjusted at the time of taking annual account of the partners.
  17. The accounting year of the partnership shall be from 1st of April of every calendar year up to the day of 31st of March of each following year or such other period as the partners may from time to time agreed upon.
  18. The accounts of the partnership shall be prepared and profit and Loss Ascertained at the close of each accounting year when a Balance sheet shall be prepared. After such Balance Sheet and/or Final accounts being duly signed by the partners the same shall not be challenged except for typographical or mathematical mistakes.
  19. Any of the partners may retire from the partnership at any time. Upon such retirement the retiring partner shall be paid the amount standing in its capital account. No such retiring partner shall be entitled to any other payment whatsoever.
  20. The partnership shall not determine on the retirement of any partner or in the case of dissolution or winding up of any of the partner. In case of winding up or dissolution of any partner or retirement of any partner the partnership business shall be carried on by the continuing partners.
  21. Each partner shall

a)                    Punctually pay and discharge his separate debts and engagements and indemnify the other partners and the partnership assets against the same and all actions, proceedings, costs, claims and demand in respect thereof.

b)                   Be just and faithfully to the other partners in all transactions relating to the partnership.

c)                    At all times give to the other or others of them true information and faithful explanations of all matters relating to the partnership within his knowledge and afford every assistance in his power to carry on the business for their mutual advantage.

 

  1. Neither party shall without the written consent of the other :

i)                     Release or compound any debt owing or claims of the partnership except in the usual course of business.

ii)                   Employ any money, goods or effects of the partnership or pledge the credit thereof except in the usual course of business and upon the account or for the benefit or the partnership.

iii)                  Assign, mortgage or pledge his share or interest in the partnership or any part thereof of or make any other person as a partner herein.

iv)                  Enter into any bond or became bail, surety or security with or for any person or do or knowingly cause or suffer to be done anything whereby the partnership property or any part thereof may be seized attached or extended or taken into execution.

  1. All disputes and differences which may arise between the partners or between any of them and the personal representatives of the other or between their respective personal representatives and whether during or after the determination of the partnership or whether in relating to the interpretations of this Deed or any other act or omission on the part of any party to the dispute or any act which ought to have been done by the parties in dispute or any of them or in relation to any matter whatsoever touching the partnership affairs shall be referred to sole arbitration of Sri ________________. Such arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory modification thereof for the time being in force and the seat of arbitration will be in _____________.
  2. That any of the terms may be waived, varied, altered or modified by mutual consent expressed in writing.
  3. That all matters not specifically mentioned here-in-before shall be covered by the Indian Partnerships Act, 1932 and any statutory modification thereof which may be in force from time to time.

 

IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands and seals the day month and the year first above written.

 

SIGNED SEALED AND DELIVERED  by  the PARTIES

 

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) to be the Executors and Trustees of this my Will (hereinafter referred to as “the Executors”).

II. 1. My immediate relatives at present consist of :
(a) my _____________________;
(b) my ________________________;

2. I am the sole and absolute owner of diverse other assets and properties movable and immovable held by me including shares, bonds, deposits, jewellery, silver utensils and household goods and no one else has any shares right, title, interest, claim or demand whatsoever into or against the same. I thus have full right and absolute power and complete authority to make this my last Will and Testament in respect thereof and any other property or assets, movable and immovable which may be substituted in their place or may come into my possession in future.

3. I hereby direct the Executors that after my death they shall collect and take possession of all the aforesaid properties and assets whatsoever and wheresoever situate and they shall recover all outstanding due to me and pay out of my assets all my debts, if any, estate duty leviable in respect of the gifts made by me during my life time which may be included in my dutiable estate and the assets and other taxes and testamentary expenses and to deal with my residuary estate in the manner hereinafter directed.

4. I declare that the amounts covered by the insurances policies on my life which have already been assigned or in respect of which nominations have already been made by me earlier shall belong to the assignee/nominee absolutely.

5. I hereby give bequeath and devise –

a) The ownership ____________ along with the share certificate and _____________in the building known as _______________________and open plot of land and a building situated __________________ to _____________________ and the girl whom my grandson ______________________ shall marry before the day of my death to hold the same jointly in equal shares. In case if the said ___________________________is not married on the day of my death then I give bequeath and devise the aforesaid properties to my grandson
___________________ to hold the same jointly with ___________________ in equal shares.

b) 1/2 (one-half) of ____________________________to the girl _______________________________.

c) The balance 1/2 (one-half) ___________________________to the ____________________.

6. I hereby direct the executors to give such amount as they may in their absolute discretion deem fit to each of my _________________________________.

7. The entire residue of my estate shall be divided into _____________ equal parts and I hereby give bequeath and devise –

a) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part IV of this Will and the Schedule hereunder written.

b) One such part to be held in trust in accordance with and subject to the provisions contained in Part V of this Will and the Schedule hereunder written.

c) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VI of this Will and the Schedule hereunder written.

d) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VII of this Will and the Schedule hereunder written.

e) One such equal part to be held in trust in accordance with and subject to the provisions contained in Part VIII of this will and the Schedule hereunder written.

III.

1. In the event of any of the Executors dying or desiring to retire or refusing or becoming incapable to act or becoming insolvent the surviving or continuing Executors (or the Executor or Administrator of the last surviving executor) may appoint a new Executor in place of the Executor so desiring to retire or refusing or

2. The Executors shall have all such rights, powers and authorities as are conferred on the trustees of the trusts and are set out in the Schedule hereunder written and are relevant for the purpose of the management and administration of my estate.

3. Income if any, left after meeting the expenses of the management and administration of my estate and taxes and other accretions taking place during the period of administration shall be treated as part of my estate and dealt with accordingly.

4. For the purpose of apportionment or division of the residue of my estate into the five aforesaid equal parts, the Executors may assign much values on the assets comprised therein as they may in their absolute discretion consider appropriate and no one shall have any right to question the values assigned by them.

IV. The assets given by me under Part II(7)(a) shall be held in trust in accordance with the following provisions :-

i) My ____________________shall be the first trustees of the trust (and the expression ‘trustees’ shall wherever the context so admits or requires be deemed to include the said trustees and the survivors or survivor of them and the heirs, executors and administrators of such survivor, their or his or her assigns) and the trustees or trustee for the time being shall have the right to appoint one or more other trustees or trustee in addition to or in place of themselves.

ii) Until the vesting day, the trustees shall stand possessed of the assets in accordance with the provision of Part II(7)(a) above (and which assets may be added or substituted in the execution of this trust are herein designated as “the trust fund”) upon trust to receive the annual or other income thereof and there out in the first place they shall reimburse or pay and discharge all the costs and expenses incurred in or about the administration of the trust fund including taxes and duties of all types and subject thereto the trustees shall pay, divide or apply the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income to or between the benefit of ______________________ as is or are persons or person in existence at the time of my death in such proportions as the trustees may from time to time in their absolute discretion appoint (i.e. specify or determine) to the entire exclusion of one or the other of them and in such manner as they may in their absolute discretion think fit. Provided that during the period of eighteen years from the day of my death the trustees may in their absolute discretion accumulate the whole or such part as they in their absolute discretion think fit of the residue of such annual or other income and all such accumulations shall fall into be treated as and form part of the original trust fund. The trustees may in their absolute discretion also have recourse to and utilize the corpus of the trust fund or any portion thereof at any time and from time to time to provide any benefit to any of the aforesaid beneficiaries.

iii) Upon the vesting day, the trustees shall hand over the entire trust fund to all or any one or more of the beneficiaries to the exclusion of other or others of them as they may in this absolute discretion think fit and in such rates as they may in their absolute discretion think fit.

iv) The expression “Vesting Day” shall in this Part II(7)(a) means :

a) the day of which eighteen years shall have expired from the day of my death; or

b) the day of death of the survivor of _______________________ whichever is earlier; or

c) such earlier day than either of the dates mentioned in (a) or (b) above as the trustees for the time being may by unanimous decision in writing fix.

v) Detailed provisions for the operation and management of the trust and other matters are set out in the Schedule hereunder written and they shall have the same force and effect as if they had been inserted here.

vi) This trust shall be named _____________________.

THE SCHEDULE ABOVE REFERRED TO
The trusts referred to above shall function and be managed in accordance with the following provisions :-

i) All acts in carrying out the provisions of the trust if done and carried out by a majority of the respective trustees for the time being shall be as valid and effectual as if such acts has been done by all the trustees,

ii) A trustees may resign office as trustees by giving notice in writing to his or her co-trustees.

iii) Without prejudice to the generally of their powers the trustees shall have power;

a) to comply clerks and other employees, agents, brokers delegates, bankers, lawyers, accountants, advisers and others and at such remuneration as they may think fit;

b) to delegate any powers to one or more of their body;

c) to appoint any one from amongst them as a managing trustee;

d) to delegate any powers as they can lawfully delegate to any person and to execute such power of attorney as they think fit for the purposes;

e) to withdraw any power to revoke any appointment of any employee or attorneys;

f) to let any portion of any immovable property forming part of the trust fund at such period and on such terms and conditions as they may think fit and to accept surrender of any lease;

g) to maintain banking accounts and bank lockers in the name of the trusts or in the name of such one or more of the trustees as they may think fit and to make the account operable by such one or more of them as they may think fit;

h) to determine who shall be the first named as regards investments in shares, stocks, debentures and other securities and investments;

i) to appoint proxy or proxies for voting any meeting of creditors, contributories, shareholders or others;

j) to allow any investments to stand in the name of any bank;

k) to become member of any body of persons including co-operative societies and companies on behalf of and for the benefit of the trusts;

l) to carry on any business on behalf of or for the benefit of the trusts either as sole proprietor thereof or in partnership with any other person or persons;

m) to borrow money for ay of the purpose of the trust in the security of any of the assets belonging to the trust or without security;

n) to enter into carry out and do any agreement, agreements, dealing, dispositions, works, acts and things whatsoever which the trustees in their absolute discretion may of any reason consider advisable in the interest of their respective trust funds or any part or parts thereof or of any person or persons being an object of objects of the trusts; and

o) to allot appropriate partition or apportion any property amongst the beneficiaries entitled thereto on the dissolution or winding up of a trust in satisfaction of any share or interest in a trust fund in such manner as the trustees shall in their absolute discretion consider just according to the respective rights of the persons interested.

2. The trustees of each of the trusts shall have all the powers of investments, mortgage, leasing, dealing and disposition (and all other powers) of an absolute beneficial owner of the
respective trust fund and they may retain the assets forming part of the respective trust fund in their actual state of investment or condition or they may in their direction vary or transpose the mode of investment of the assets or ay one or all of them and they shall invest the sale proceeds thereof and any other moneys which shall require investment in any one or more of the investments as they may think fit without being obliged or invests the same in the investments authorised by law for the investment of the trust fund.

And in particular without prejudice to the generally of the foregoing power, the trustees may invest any money requiring investment.

i) In the acquisition or purchase of any immovable property situated in India or elsewhere and for the development thereof the trustees may borrow money at such interest as they may think fit for the purpose and without security or on the security of the trust or any property forming part of the trust fund.

ii) In making loans to or deposits with any person, firm or company or corporation;

iii) Upon the security of any immovable or movable property.

iv) In any business which may be carried on by the trustees as such trustees for and on behalf of the trusts her by established or in partnership with any other person or persons and the trustees may borrow money for the purpose of such business as in the proceeding clause (i).

v) In the purchase of any movable property.

vi) In such investments of whatsoever nature and wheresoever situate and whether involving liability or not or upon such personal credit with or without security as the trustees shall in their absolute discretion think fit.

3. The trustees are hereby expressly authorised to accept gifts or money and/or property (movable and immovable) for the benefit of the respective trust from any person or persons and any such gifts shall be held by the trustees as an accretion to an augmentation of the respective trust fund and the money or other property received by way of such gift and the future income thereof shall be held on the like trust in all aspects as are herein contained and are
applicable to the trust fund and the income of the respective trust fund shall be subject to the same trusts, powers and provisions as are herein contained in these presents and applicable thereof as if such money or property had formed part of the respective original trust fund.

4. The trustees may permit any beneficiary of a trust to occupy, use or enjoy personally and movable or immovable property which may for the time being be comprised in a trust fund upon any terms and conditions whatever which the trustees may think fit but such permission shall in each case be revocable at any time by and at the absolute discretion of the trustees of the respective trusts.

5. The receipt of the trustees for the purchase moneys of any property hereby authorised to be sold or for any other moneys paid or for any shares, sticks, funds or securities transferred to them shall effectually discharge the person or persons having or transferring the same therefrom and being bound to see to be application or being answerable for the loss or misapplication thereof.

6.(a) No trustees purporting to act in the execution of the trusts shall be liable for any loss not attributable to his own dis-honesty or to the willful commission or omission by him of
any act unless such commission or omission is known to him to constitute a breach of trust.

b) Any trustee or trustees in good faith paying over any moneys under the trusts to him or their co-trustees or doing any act facilities the receipt thereof for the purpose of the trust shall not be answerable for the loss or misapplication or non-application thereof.

7. It shall be lawful for the trustees for the timing being to reimburse themselves or himself or pay and discharge out of the trust properties all costs, charges and expenses incurred in carrying out the respective trusts or in or about the execution of the respective trusts.

8. The trustees or trustees may deposit all securities or the investments for the time being representing the trust fund with any bank for safe custody and for collection of the interest and dividends of the said securities or investments and may open current accounts in their or his names or name with the same or any other bank.

IN WITNESS WHEREOF, I _____________________ have hereunto set hands the …………day of ______________ at ________________.
(Explained in vernacular language before execution)

(Left hand thumb impression of _____________)

Signed by the above named Testator __________________ as her last Will after the same had first been translated in _________________ and read over to her in our presence and had appeared to be perfectly understood and approved by her in the presence of us both present at the same time in her presence and in presence of each other have hereunto subscribed our names as witnesses:

1.
2.

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 UNDER THE SAID ACT.

TO,

HON’BLE PRESIDENT AND

THE MEMBERS OF THE

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

DELHI.

 

MOST RESPECTFULLY SHEWETH:

 

1.         That the Complainant is desirous of filing the present complaint being aggrieved by the completely arbitrary bill being raised against the complainant as regards Credit Card No. ________________________. The facts leading to filing of the present complaint have been detailed in the subsequent paragraphs.

 

2.         That few years back the Respondent Bank had on its own sent a pre-activated card bearing No. __________________ to the complainant at his residence. The said card was in the name of the complainant and came along with a welcome pack.

 

3.         That the said welcome pack indicated to the complainant that the said card had been sent to the complainant as welcome gesture and the same had been issued to the complainant on his credit worthiness. However, the said welcome pack also indicated to the complainant that incase he did not wish to use the said card he shall cut the same into four pieces and dispose of the same.

 

4.         That on receipt of the said card the complainant did not wish to use the same and therefore cut the same into four pieces and destroyed the same.

 

5.         That the respondent however did not close the card of the complainant and charged him for the yearly rental of the said card. That the complainant was completely unaware of the said act of the respondents, which are completely arbitrary and malafide.

 

6.         That the complainant has never utilized the said card for even a single transaction and had also destroyed the said card as per the procedure prescribed by the bank.

 

7.         That the bank over the period of time has charged interest on the said yearly rent of the said card and now as per the last statement dated __________ received by my client, the said outstanding on the card is Rs. __________/-. A copy of the bill has been annexed as Annexure ___ to the Complaint.

 

8.         That the complainant has on several occasions tried to contact the customer care division of the said bank. However, the executives do not have any information on the said card and could be no assistance to the complainant.

 

9.         That the bank has now started harassing the complainant by regularly calling him through collection agencies, who are intimidating my clients to pay the said amount and also use abusive language. The complainants have also received threats form such collection agents and are causing tremendous mental torture to the complainant.

 

10.       That the Respondent Bank has also got the name of the complainant included in the defaulters list maintained at CIBIL. This act of the Respondents has grossly affected the credit worthiness of the complainant. The bank is solely responsible for this injustice and in-turn has committed gross deficiency in service.

 

11.       That the said act by the respondent amounts to gross deficiency in service.

 

12.       That the said act of the respondent has seriously affected the credit worthiness of the Complainant in the market and in this regard is not being able to avail credit card facilities from other banks and also personal and other loans for his business.

 

13.       That the complainant had also written an email letter dated __________to the head customer care of the respondent bank detailing the said unfair trade practice and gross deficiency in service and complaining about their acts. A copy of the said email has been attached herewith as Annexure___.

 

14.       That the complainant is also completely unaware of the details of the said card. The complainant also tried to get the same from the customer care department but even they seem to have no information on the said card. That in the circumstances the complainant is filing the present petition on the basis of the above said address. The complainant also request that the bank may be directed to present in court the entire record pertaining to the said card be presented before this forum.

 

 

15.       That the complainant under the present circumstances is constrained to lodge this complaint. The complainant has undergone tremendous mental torture and has been completely harassed by the respondent bank for no reason.

 

16.       That the present complaint is being instated on the above said address as the same is the branch office of the respondent Bank and is therefore amenable within the jurisdiction of this Hon’ble Court.

 

17.       That the present consumer complaint has been valued at Rs. _________/- and a fixed court fees of Rs. 100/- has been paid along with the complaint. Therefore the present forum has the pecuniary jurisdiction to try the present dispute between the parties.

 

PRAYER:

 

That in facts of the case the complainant pleads that this Hon’ble Forum may be graciously pleased to:

  1. Direct the respondent bank to produce the records pertaining to the Card No. ________________.
  2. Direct the Respondent Bank to reverse the payments remaining outstanding in the name of the Complainant, as they are completely arbitrary and baseless.
  3. Direct the Respondent Bank to get the name of the Complainant deleted from the list of defaulters maintained by CIBIL.
  4. Pay damages to the complainant to the extent of mental agony to the extent of Rs. ___________/- and litigation charges to the extent of Rs. __________/-
  5. Any other orders that this forum may deem fit.

 

 

COMPLAINANT

THROUGH

ADVOCATE

 

DELHI

DATED

 

 

VERIFICATION:

Verified that the contents of the present complainant are true and correct to the information received to be correct and on the advice of the counsel on legal issues. Last paragraph is the prayer to this Hon’ble Court.

Verified on this ___ day of ___________ at New Delhi

 

 

COMPLAINANT

BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM,

NEW DELHI

CONSUMER COMPLAINT NO.          of ______

 

 

IN THE MATTER OF:-

 

SMT. _________________                                                    …COMPLAINANT

 

VERSUS

 

_________________ BANK                                                 …RESPONDENT

 

AFFIDAVIT

I, _________________ daughter of ___________, aged about _______ R/o _____________ do hereby solemnly affirm and state as under:

 

A.        That I am the complainant in the present matter and conversant with the facts of the case and competent to depose by way of the present affidavit.

B.        That the present complainant has been drafted under my instructions. No part thereof is false and nothing material has been concealed therefrom.

 

DEPONENT

VERIFICATION:

 

Verified that the contents of my above affidavit are true and correct to the best of my knowledge and no part of it is false and nothing material has been concealed therefrom.

Verified at ____________ on this __ day of _________

 

                        DEPONENT

 

 

BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM,

NEW DELHI

CONSUMER COMPLAINT NO.          of __________

 

 

IN THE MATTER OF:-

 

 

SMT. ________________                                                      …COMPLAINANT

 

 

 

VERSUS

 

_____________________ BANK                                                     …RESPONDENT

 

I N D E X

 

Sr. No.

PARTICULARS

Page No.

1.

Consumer Complaint with supporting affidavit

1-

2.

Annexure A – Statement of the credit card No. ____________dated ___________.

3.

Annexure B – Copy of the Email dated _____________.

4.

Vakalatnama and Postal Order

 

 

COMPLAINANT

THROUGH

 ADVOCATE

 

DELHI

DATED:

 

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

 

 

  1. SHRI ____________

S/O _________________

R/O _______________

 

  1. SHRI _______________

S/o late Shri ___________

R/o __________________

 

  1. SMT ______________________

W/o SHRI _____________

R/o ________________________

..ACCUSED/RESPONDENT

 

 

                                       P.S. _____________

 

 

 

APPLICATION UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 (43 of 2005)

 

 

 

MOST RESPECTFULLY SHOWETH:

 

 

1. That the present application is being filed by the Complainant herein under Sections 12, 18 (d), (e) and (f), 19 (f), 20(i) b) and (d), 22 and 23 of the Protection of Women from Domestic Violence Act, 2005.

 

2. The numerous incidents of physical abuse, verbal abuse, emotional abuse, economic abuse committed by the Respondent on the Complainant are as described hereunder:

 

a)     Marriage was solemnized between the Complainant and the Respondent No. 1 on ___________ at _____________________ according to Hindu Rites and ceremonies. Ever since, i.e. for the last ___ years, the Complainant has been suffering physical and mental abuse, pain, helplessness, unhappiness and anger on account of the Respondent No. 1 and his family. Eventually, being unable to bear with the trauma and agony, the Complainant fearing for her life, being destitute without any money and stridhan has been constrained to file the present complaint.

 

b)     The Complainant had an arranged marriage with the Respondent No. 1. The parties come from very different backgrounds. The Complainant belongs to a closely knit family with a lot of family values and culture. On the other hand, the Respondent No. 1 belongs to a business family which is driven only by money and materialistic gains.

 

c)     The Complainant and her parents at the time of marriage were made to believe that the Respondents were a very well to do family. Believing the Respondent No.1’s family, marriage was arranged between the parties. A lavish wedding was held at ________________ by the Complainant’s parents and all the demands of the Respondent No.1’s family as regards jewelry, household items, and other items for them as well as the relatives of the Respondent No.1 were met by the Complainant’s parents. However, the mother in law of the Complainant was not happy with the jewelry, household items, and other items and would constantly taunt and insult her and her parents for not getting the jewelry, household items, and items as per their standards and name in the society. The Complainant communicated her inhibitions about the Respondent’s family and in particular his mother to the Respondent No.1. However the Respondent No.1 never assured the Complainant that he would try to speak to his mother or reconcile the differences between the Complainant and his mother.

 

d)     Soon after the marriage the Complainant realized that the Respondent No.1 was very aggressive, angry and wanted to control the Complainant in every respect. The Complainant was not given any space or freedom to do anything in the house and was specifically told that she can’t do a job, which the Complainant found very difficult to deal with but owing to the values given to her by her parents, she always made every effort to deal with the miserable situation and keep quiet for the peace of mind of her parents. The Complainant having no choice gave herself totally to the Respondent No.1 and his family and molded herself according to their ways, which was very different from her side of the family.

 

e)     After the first year of marriage itself, the Respondent No.2, mother-in-law forced the Complainant to do all the household work without any support from her mother-in-law. It would be pertinent to point out that Respondent No.1 was doing extremely well and was earning well. He was running a business but he was always reluctant to provide any financial support to the Complainant despite being financially very well off.

 

f)      The Complainant lived in a joint family. The Complainant’s in-laws made the Complainant do the entire household work. Respondent No. 1 and 2 made her ____________________________. The Complainant was forced to work even at the time of her pregnancy and the Respondent No.1 never bothered to care about the health or the state of the Complainant. He spent no time with her.  The nine months were lonely and sorrowful. So much so that when the Complainant delivered her son _____, her mother in law was not happy as she wanted to get rid of the Complainant. She voiced this to the Complainant and made the Complainant feel that the child was unwanted and unwelcome into the family.

 

g)     The Complainant on many occasions would cry after getting into bed because no one could understand the physical and mental pain she was being put through by the Respondent No.1. The Respondent No.1 never had time to listen and would only fight and argue when the Complainant tried to plead and talk to him. The Respondent would in his fits of rage physically and mentally abuse the Complainant on several occasions. The Complainant continued to tolerate this for the sake of her small child.

 

h)     The Complainant always made efforts to please the Respondent No. 1 and his family. They all tolerated the Complainant as long as the Complainant played puppet in their hands, did what they wanted and lived how they wanted her to live. The Complainant did everything possible to make her marriage work and in the manner the Respondent No.1 and his family wanted. However, the Respondent No.1 was not caring towards the Complainant and never appreciated the efforts made by the Complainant to keep him and his family happy.

 

 

i)       The Complainant lived in a joint house for 5 years after her marriage and her life was miserable due to the aggressive, indifferent, angry behavior of the Respondents and continuous insults, taunting, very cold and indifferent attitude of her in laws. The Complainant was always taunted by her in laws on the ground that her parents never gave them enough during the marriage and on other festivals and functions. The Complainant’s parents tried to keep them happy in every way at every occasion by gifting Complainant’s in-laws with expensive gifts or cash but they were never satisfied.

 

j)       On or about ________________ the Complainant was beaten up by her in–laws and at that time she was pregnant with her first Child, the Complainant was even thrown out of her in-laws House. The Complainant called up her father who came and took the Complainant to their house. The Complainant stayed at her parents house for one and a half month and in between the Respondent No 1 or his family members did not bother to call or reconcile with the Complainant. After a lot of persuasion by the father of the Complainant the respondent finally agreed to take the Complainant in to their house.

 

k)     The Complainant states that the Respondent No.1 had a grave drinking problem and as a result, he drank alcohol very heavily. He had no control over his drinking. The Respondent No.1 would get drunk, get loud and abusive in the dirtiest of abuses, throw up, pass out, get violent, spit on the Complainant and make life hell for the Complainant. The Respondent No.1 never bothered about their son and would become abusive physically and become totally uncontrollable in front of their child. The Complainant’s requests and pleadings to drink within limits were met with angry and violent physical backlash and opposition from the Respondent No.1.  The Respondent No.1 treated the Complainant with extreme cruelty.

 

l)       The Complainant states that when the Respondent gets into a rage he completely loses his control, is abusive and violent and becomes like a demon, and till today he continues with this behavior. After ____________, there was no control over this and it became a regular feature with the Respondent No.1 to become physically abusive and violent and even abuse the Complainant in front of the minor son and in public. The Complainant got no help or support from her parents in law i.e. Respondent No.2 & 3 and on the contrary, they encouraged and sided with the Respondent No.1 and wanted the Complainant to cooperate with this animal behavior and live with it without complaining or talking about it to her family. The Respondent No.1’s parents discouraged her from telling her parents about these incidents by saying that this would further annoy the Respondent No.1 and disturb the peace of the family. The Respondent No.1’s parents kept on repeating every other day and the Complainant did not know who to turn to for support and help as her in laws felt the Respondent’s No. 1’s behavior was normal and took the mental and physical abuse very lightly and did not bother to speak to the Respondent No.1 to change his behavior towards the Complainant.

 

m)   The Complainant was constantly living in fear of her life as the Respondent is strong physically and has a bad temper, was aggressive, loud and completely unpredictable in his reaction to the situation. The Respondent No.1 would openly threaten the Complainant that he would physically harm her in such a manner that she would repent her whole life. The Complainant did not want to trouble her parents. The Complainant could not share her grief with anyone and continued to give in to the Respondent No.1’s demands in the hope that things would get better and peace would come to the family.

 

 

n)     The Respondent No.1 not only picked up fights and quarrels with the Complainant but also fought with the Complainant’s father brother and family publicly, which brought huge embarrassment, shame and agony to the Complainants. The Complainant’s plea to the Respondent No.1, to not fight with the Complainant’s family was of no avail. The Respondent No.1’s unreasonable and abnormal behavior continued to increase with the passage of time and he started to threaten her for life by saying would slash her throat while she was sleeping.

 

  • o)     The relationship between the parties became more estranged. The Respondent No.1 continued with his assault, physical, emotional abuse and they were like strangers living under the same roof. Things have become so bad that the Complainant had to call her father on several occasions to control the situation and prevent further physical abuse at the hands of the respondent No.1 in presence of Respondent No.2 & 3.

p)     That Complainant had in the span of ___ years of marriage got ___ abortions done. The Respondent use to come drunk to the house late at night and would by force without the wish of the Complainant get physical with the Complainant, resulting into making the Complainant pregnant and then without even consulting the Complainant by force get the said abortions done.

q)      That on or about _____ the Respondent again got physical with the Complainant resulting in her again getting pregnant and when the Respondent went for another abortion the doctor refused for the said abortion as the body of the Complainant was not in the state to take up one more abortion hence on advise of the doctor the Complainant requested the Respondent not to abort the second Child.

r)      That on ________ when the Complainant was three- four month pregnant the respondent No 1 along with his family members fought with the Complainant and even beat him up, the Complainant in fear called up her father at ______ in the night and the father of the Complainant came and took the Complainant back with her to his house. The Complainant even filed a case in the C W Cell against the respondent but had to withdraw the same as she was pregnant and she was advised rest.

s)      That on _________ the Complainant left the house of the Respondent and till ___________ no one from the side of the respondent came to meet the Complainant or even gave a call to ask about her health as she was pregnant. That during this period the Complainant gave birth to the second Son _____________. But still the Respondent No1 or his family member did not come to see the child and it was finally on _____________ that after one more round of talks between the father of the Complainant and the Respondent No. 1 that the Respondent No. 1 agreed to take the Complainant into the house of the Respondents.

t)       That after _________ when the Complainant came back to the house of the respondent the Drinking habits of the Respondent No 1 increased, the Respondent No 1 use to come drunk late at night and use to even drink in the room. The physical torture of the Respondent No 1 increased with passage of time.

u)     The Complainant could not tolerate the torture, cruelty and behavior of the Respondents any more. The Respondents made no efforts to check upon the Complainant or her son throughout this period who was under such a mental stress and trauma at such a tender age.

v)     On the contrary the Respondent No.1 and Respondent No.2 on a daily basis shout and hurl verbal abuses to the Complainant and her family.

w)   On ___________the Respondents again abused the Complainant and finally, fed up with all this the Complainant on ___________________ left the house of the Respondents and till date has been staying with her parents. The Complainant felt too scared and confused and even more helpless while she was at her in-laws house.

x)     The respondent No.1 and his family has taken all the valuable belonging of the Complainant. The details of which were filled before the CW Cell and the same are Annexed as Annexure ___.

y)     That the Complainant submits that the expenses of the Complainant and the sons is as follows:-

(i)                   School Fees of Son: Rs     ,000/- per month

(ii)                  Household expenses like food, clothing, cleaning etc.: Rs   ,000/- per month

(iii)                Transportation Expenses: Rs     ,000/- per month

(iv)                 Personal and medical expenses of the Complainant and her sons: Rs   ,000/- per month

The Complainant as such requires Rs  ,000/- per month to support herself and her children.

z)     The respondent No.1 is earning handsomely. The exact figures are not known to the Complainant. With the view to avoid paying maintenance and supporting the Complainant and children he is making excuses that he is not working anywhere.

aa) In ___ years, the Complainant has selflessly given in this relationship emotionally, physically, mentally, monetarily and demanded nothing but self-respect, support and love which she was deprived off. The Respondent has provided the Complainant with no financial security. The Complainant’s entire jewellery was in possession of the Respondent No.1 and his family which the Respondent No.1 and his family has refused to hand back. The Complainant has no Fixed Deposit or property in her name. This has further added to the Complainant’s insecurities, depression and frustrations.

 

bb)The Complainant today is left with no self-respect, no self-esteem, no confidence, no money and everything has been taken away from her. The Complainant is mentally and emotionally shattered today. The Complainant is unable to look after her child as such she has no choice but to fall on her parents for financial support. The provision for the basics needs like food, clothing, education is being provided from the money being given by the Complainant’s father and brother.

 

cc) The Complainant has suffered immense pain and hurt from the Respondents. The Complainant has not slept one night in peace for as long as she can remember. The Complainant is mentally, physically and emotionally scarred/drained and she is unable to carry on anymore like this.

dd)It is submitted that the Respondent No.1 is having sufficient means but despite that is neglecting and refusing to maintain the Complainant and the minor sons. Complainant is unable to maintain herself or her sons. The addresses of the sisters of the Respondent No 1 are not known to the Complainant and the Respondent No. 1 may be directed to provide the same so that they can be made a party to this petition.

ee) It is prayed that the Hon’ble Court may take cognizance of the Domestic Incident and pass the following orders, as deemed necessary in the circumstances of the present case.

 

(i)   Protection Order under Section 18

 

 

Prohibiting acts of domestic violence by granting an injunction against the Respondents from:

(ii)  Monetary reliefs under Section 20

 

 

(A)        Rs.    0,000/- per month towards maintenance for herself and her children

 

(B) Rs.   0,000/- towards litigation expenses

 

 

(iii)  Compensation order under Section 22

 

 

(a)  Direct the Respondent to pay and amount of Rs. ____ lakhs towards compensation for damages under the Protection of Women from Domestic Violence Act 2005.

 

 

 

 

(iv).  Interim Relief under Section 23

 

 

a)                                         In the light of the above mentioned facts and circumstances of the case and the fact that the Complainant is completely without the basic necessities of food, maintenance and shelter and has no means to survive and hence an exparte ad interim order for grant of maintenance of Rs.    0,000/- be granted in favour of the Complainant.

 

b)                                          The Complainant all through out her married life has been treated by the Respondents with utmost cruelty both mental and physical, and has a prime facie case in her favour. It is further stated that the Respondenst have committed numerous acts of domestic violence and is entitled to protection under the present act from the respondent by the police otherwise grave prejudice and harm would be caused to the Complainant and her minor daughter

 

v).  Details of previous litigation, if any

 

 

 

a)    A Complaint filed by Complainant before the C W Cell on which an FIR has been registered. Copy of which is annexed as Annexure____.

b)    An application filed by Complainant under Section 125 of CrPC for maintenance. Copy of the same is annexed herewith as Annexure _____.

 

vi). The Complainant is residing within the local limit of jurisdiction of this Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain the present petition.

 

PRAYER:

 

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

(b)           Pass all such orders or any of the order as deem fit and proper under section 18, 20, 22 & 23 of the Protection of Women from Domestic Violence Act, 2005.

 

(c)            Hon’ble Court may please to direct the Respondent to pay and amount of Rs. _________ lakhs towards compensation for damage u/s 22 of the Protection of Women from Domestic Violence Act 2005.

 

(d)           pass an exparte ad interim order under Section 23 as mentioned in Para 4 of the application.

 

(e)            Pass such other Order (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

 

COMPLAINANT

Through

____________

VERIFICATION:-

Verified at Delhi on          this day of          , __________  that the contents of the complaint are true and correct to the Complainant’s knowledge and belief to be true on the basis of legal advice received by the Complainant and the last Para is the prayer clause of the Complainant.

COMPLAINANT

 

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

Rajasthan

 

AND

State of ________                                Respondent                Respondent

 

 

         

IN THE MATTER OF:

 

 

PETITION FOR SPECIAL LEAVE TO APPEAL AGAINST THE JUDGEMENT AND FINAL ORDER DATED ________ PASSED BY THE HON’BLE HIGH COURT OF _______ IN CRIMINAL MISC. THIRD APPLICATION NO. ____ OF ____ IN CRIMINAL APPEAL NO. ____ OF _____

 

To,

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE

HON’BLE SUPREME COURT OF INDIA.

 

THE HUMBLE PETITION OF

THE PETITIONER ABOVENEMED

MOST RESPECTFULLY SHEWETH:

 

 

1.       The present Special Leave Petition is being filed under Article 136 of the Constitution of India against the impugned final judgement and order dated ________ passed by the Hon’ble High Court of ____ in Criminal Misc. Third Application No. ____ of ____ in Criminal Appeal No. ___ of ____ whereby the Hon’ble High Court dismissed the said Application filed by the Petitioner herein summarily on the premise that in the facts and circumstances of the present case there was no ground to suspend the sentence of the Petitioner.    A true copy of the said impugned order dated _________ is annexed hereto and marked as ANNEXURE ___.

 

2.       QUESTIONS OF LAW:

 

The present Special Leave Petition raises the following substantial questions of law of great public importance for consideration of this Hon’ble Court:

 

 

 

3.       That briefly stated the facts giving rise to the present Special Leave Petition are as follows:

 

3.1     That it is alleged that on ______ the Petitioner was time and again blowing the horn of his motor cycle in front of the house of one __________.  Thereafter on account of this a verbal altercation has ensued.

 

3.2     That it is further alleged inter alia against the Petitioner that on _______ at about ______ the said ___________ had gone to the river to take a bath.  At or about the time when they had washed their clothes, the Petitioner along with certain other persons namely ____________ and _________ (co-accused) arrived there.

 

3.3     That it is further alleged that the Petitioner and __________ were armed with “talwars” while the others were armed with “kulharis” and “lathis”. All the accused persons pulled out ____________ from the water and started beating him.

 

3.4     That the Petitioner is further alleged to have struck the said _____________ with a “talwar” on his hand and which allegedly resulted in the said hand of _____________ being cut off from the elbow.  ____________ is alleged to have inflicted injury on the thigh of _____________ with a “kulhari” and all other accused are also alleged to have inflicted injuries with “lakdi”, “kulhari” and “talwar” and thereafter they are alleged to have thrown __________ into the river and after which they ran away towards the village.

 

3.5     That it is the further case of the prosecution that thereafter _____________________, alleged to be related to the said _____________, removed the said ______________ from the river where he had been left by the accused persons and put him on a cot and brought him home.

 

3.7     That on ____________ a verbal complaint was lodged with the police by the daughter of ________ aged ______ years, inter alia, against the Petitioner.  The said ______ was at the instant time accompanied by one _____________.

 

3.8     That on the basis of above verbal complaint the police registered F.I.R. No. ____ of ____, under sections ______________.  A true copy of the said F.I.R. is annexed hereto and marked as ANNEXURE____.

 

3.9     That after completion of investigation the police filed Charge Sheet.

 

3.10   That the Ld. Trial Court framed charges, inter alia, against the Petitioner, under sections ____.   During the course of the trial the prosecution has examined ____ witnesses and after the surrender of co-accused __________ were examined and _____ and ____ were re-examined. The prosecution tendered various documents in support of its case. The statements of the accused including the Petitioner were recorded under section _____ Cr.P.C.  and _____ witnesses were produced in defense and Exhibit ____ to Exhibit ____ were also produced in defense.

 

3.11   That the Ld. Trial Court has vide its judgment and order dated ___________ convicted the accused persons including the Petitioner. A true copy of the said judgment and order dated ________ passed by the Ld. Trial Court is annexed hereto as ANNEXURE ___.

 

3.12   That the accused persons including the Petitioner have preferred an Appeal against their said conviction before the Hon’ble High Court of _____ in Criminal Appeal No. ___ of ___.  A true copy of the said Appeal filed by the Petitioner is annexed hereto and marked as ANNEXURE __.

The Appellants before the Hon’ble High Court including the Petitioner herein had, inter alia, also filed applications seeking the suspension of sentences handed over to them by the Ld. Trial Court in the pendency of the said Appeal

 

3.13   That the Hon’ble High Court has vide their order dated ______ been pleased to suspend the sentence of all the Appellants before it except the Petitioner herein.  The Petitioner craves leave to refer to and rely upon a copy of the said order dated ________ when produced.

 

3.14   That subsequently the Petitioner preferred a further application before the Hon’ble High Court seeking the suspension of his sentence however the same has also been dismissed vide order dated ______.  The Petitioner craves leave to refer to and rely upon a copy of the said order dated ________ when produced.

 

3.15   That a third application seeking the same relief of suspension of sentence has also been dismissed summarily by the Hon’ble High Court vide the impugned order.

 

GROUNDS

 

A.      Because the impugned order dated ___________ passed by the Hon’ble High Court is patently illegal and erroneous and the same deserves to be set-aside.

 

B.      Because the Hon’ble High Court has failed to appreciate that the conviction of the Petitioner is based solely on the basis of the testimony of highly interested and partisan witness and the conviction of the Petitioner is wholly unfounded.   Accordingly the conviction of the Petitioner under sections ___________ and the sentence awarded thereunder is wholly illegal.

 

C.      Because the Hon’ble High Court has failed to appreciate that the Petitioner has an extremely good prima facie case and there is every likelihood of the Appeal filed by the Petitioner against his conviction being allowed.

 

D.      Because the Hon’ble High Court ought to have considered the case of the Petitioner on parity with the other Appellants before it.  Having suspended the sentences of the other Appellants based upon the same facts as are applicable to the Petitioner herein the Hon’ble High Court has caused a miscarriage of justice.  The Hon’ble High Court was obliged to act fairly and consider the facts of the case, which do not make any distinction qua the role allegedly attributed to the Petitioner.

 

E.      Because the Hon’ble High Court ought to have considered the fact that the Criminal Appeal No. ___ of ____ filed by the Petitioner and pending hearing is not likely to reach hearing in the near future.  The weekly board released by the High Court lends credence to this fact.  The Petitioner ought to have been given the benefit in this regard of the matter and especially in view of the facts that there are several contradictions in the case of the prosecution.

 

F.      Because the Hon’ble High Court ought to have considered that the ___________ was not an eye witness at all.  It has come on record that she was not even present at the time of the alleged incident.   Despite this fact the Ld. Trial Court has proceeded to convict the Appellants and the judgment dated ____________is wholly illegal.

 

G.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has completely erred in disbelieving the statement of __________ and who has specifically stated that on the morning of the alleged incident _____ was in fact present ____________.  There is no basis or credibility to the fact that the said ______ was an eye witness to the alleged incident upon whose sole testimony the conviction of the Petitioner is based.   A true copy of the deposition of the said witness ____________l is annexed hereto and marked as ANNEXURE __.

 

H.      Because the Hon’ble High Court has failed to appreciate that the Ld. Trial Court has misdirected in disbelieving the statement of _____________ and has in fact proceeded to invent an altogether new story, seeking to state that since co-accused persons who after being released on bail had exercised their influence over ____________.  The conviction of the Petitioner on the basis of this probability and conjuncture and which is contrary to the facts as revealed during trial is wholly unfounded.

 

I.       Because the Hon’ble High Court ought to have appreciated that the ______________ on the record of the Trial Court being ____________and indicating her presence ____________, on the date and time of the alleged incident was credible and reliable and the conviction of the Petitioner disregarding the glaring facts is wholly illegal.

 

J.       Because it has been proved by ___________ that _________ was present ________.

 

 

K.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has proceeded to base the conviction of the Petitioner on the solitary testimony of _________ who is a highly partisan and interested witness.  In the absence of any corroboration no credence should have been placed on her testimony.  Moreover, credible motive has been attributed to the Petitioner to have committed the said act and his implication in the present case is wholly false and baseless.

 

L.      Because the Hon’ble High Court failed to appreciate that the Ld. Trial Court has erred in not considering the testimony of _________________ who has stated that ___________ was called from ______________ only after he and other persons had reached the riverside.  Despite this the Ld. Trial Court has proceeded to convict the Petitioner.  A true copy of the deposition of the said witness ____________ is annexed hereto and marked as ANNEXURE ___.

 

M.     Because there are material contradictions and inconsistencies in the version of prosecution witnesses despite which the Ld. Trial Court has erred in placing reliance on the same and has wrongly convicted the Petitioner.

 

N.      Because it is a matter of record that ______________ has stated that deceased _____________ had not sustained injury on the vital parts of the body.  No bone injury was found in injury ____________.  In injury _________ which was amputation of right hand, vein had cut and excessive bleeding resulted into Syncope.  It has further been stated by ____________that if timely treatment could have been given to Raghunath, he could have survived.  In these circumstances no case under-section 302 IPC can be said to be made out and the conviction of Petitioner under-section 302 in alternative 302/149 is wholly illegal.  A true copy of the deposition of the said witness __________ is annexed hereto and marked as ANNEXURE ___.

 

O.      Because no blood stains were found on the Kulhari, Talwar and Lathi recovered at the instance of the accused Appellants and the conviction of the Appellants is wholly illegal.

 

 

PRAYER

In the premises the Petitioner humbly prays that this Hon’ble Court may be graciously pleased to:

 

(a)     grant special leave to the Petitioner to appeal under Article 136 of the Constitution of India against the final impugned order dated ____________passed by the Hon’ble High Court of __________ in Criminal Appeal No. ____ of ____;

 

 

(b)     pass such other or further order(s) as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case.

 

FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

 

 

 

Drawn by:

Settled by:  _____________, Advocate

                                                                                       Filed by:

 

ADVOCATE FOR THE PETITIONER

__________

DRAWN ON:

FILED ON:

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.

Our Client:            _____________________________________________________

—————————————————————————————————————————-

 

We write under instructions of our abovementioned Client and state as under:

 

  1. That sometime _________________________ you approached the principal officers of our client with a request to avail loan amount of Rs. __________________/- ( Rupees ______________ only) ) (hereinafter referred to as “said loan”) inter alia, on condition that the said loan shall be for a tenure of ___________ days and the said loan amount shall bear interest @ _____ % per annum.
  2. That in view of the aforesaid, on _______________ our client remitted to you a sum of Rs. ___________________/- through its ___________ Bank Account No. ____________________ vide RTGS UTR No. ____________________ to your Bank Account No.______________ held with ________________________. The said loan was granted to you for the agreed period of __________ days only, having the maturity date as _______________.
  3. That on or about _________________ you have refunded a sum of Rs. ______________/- on account of the loan amount which matured on ______________, thereby reducing the balance principal dues against the loan amount to Rs. ___________/- ( Rupees ______________ only).
  4. That in view of the aforesaid, the loan amount stood reduced to Rs. ___________________/- and in partial discharge of your existing legal liability and/or debts arising out of the reduced loan amount, you issued and forwarded to our client a cheque bearing ____________ dated ___________ for payment of outstanding principal dues of Rs. ________________/- drawn on _____________.
  5. That our client presented the said abovementioned cheque No. ___________ for encashment within its validity period with its banker, viz., _____________________.  However, to our client’s utter surprise the said cheque was returned unpaid and dishonoured vide dishonor return memo dated ________________ with the endorsement “Not arranged for/Funds Insufficient”, information whereof was received by our client on ________________. Further, under the cover of an undertaking letter dated ______________ you had assured our client that the aforesaid cheque shall be encashed upon presentation and will not be stopped under any circumstances, nor the Bank account closed and neither will you change the authorized signatories of the Bank.
  6. That pertinent to the aforementioned facts, our client constantly pressed for the payment of the outstanding dues against for a total amount of Rs. _______________/- (Rupees ___________ only) along with interest @ 18% per annum accruing and rising every day thereby from you and the same is still pending payment.
  7. That thereafter, since you have failed to pay heed to our client’s constant requests, our client was pained to issue and send legal notice to you dated __________ through their advocates demanding payment of the outstanding dues and interests accruing thereon upto the date of re-payment of your loan obligations.
  8. That vide your letter dated ____________ sent to the advocates of our client as reply letters to the aforementioned legal notices, you have intentionally, deliberately, mischievously and with malafide intention alleged that you are not liable to pay to our client the outstanding dues of Rs. _____________/- (Rupees __________ only) along with interest @ 18% per annum accruing and rising every day.
  9. That in view of the above, it is highly irrational and unethical on your part to have enjoyed the total amount of Rs. ____________/- (Rupees ____________ only) by taking undue and unfair advantage of our client gave you the loan amount for your benefit in your time of crisis under the impression that the entire loan amount along with interest accrued thereon will be returned by you within the agreed time.
  10. That you have grossly attempted to enrich yourself in an illegal manner and you have acted against the interest of morality in attempting to usurp the hard-earned money of our client by retaining the total amount Rs. ____________/- (Rupees ____________ only) along with interest @ 18% per annum accruing and rising every day and failing to return the same within the agreed time.
  11. In view of abovementioned facts and circumstances, our client being a creditor of your Company and you being indebted to our client for a sum of total amount of Rs. ____________/- (Rupees ____________ only) along with interest @ 18% per annum accruing and rising every day  thereupon as on date and we, on behalf of our client, hereby call upon you and make demand for payment of the entire outstanding dues of the Rs. ____________/- (Rupees ____________ only) along with interest @ 18% per annum accruing and rising every day  from the due date/maturity date of the outstanding dues against the loan amount, till the date of payment, by Pay Order drawn in favour of our client within a period of 21 days from the date of receipt of this notice, failing which, our client shall be constrained to initiate appropriate proceedings under sections 433, 434 and 439 of the Companies Act, 1956, at your peril, costs and consequences thereof, which please note. Needless to mention, our client shall further resolve to other legal remedies criminal and civil, available under the law.

 

Please treat this Notice as a statutory notice under section 434 (a) of the Companies Act, 1956 and also as a notice under the Interest Act, 1978.

 

This notice is without prejudice to our client’s rights in any other proceedings which have already been initiated/filed and/or may be initiated/filed before any Court of Law with regard to the aforementioned dues.

 

Please acknowledge receipt of this letter.

 

Thanking you.

 

 

Advocate

 

 

Copy to:           Client

 

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”.

 

 

          PARTIES HERETO AGREES as follows:

  1. In consideration of the dissolution of marriage arrived at between the parties hereto with consent and acknowledgment of their respective families, the First party shall pay a sum of Rs __________/-(Rupees _____ Only) by way of Pay orders No. _______ dated _______ drawn on _____ Bank for Rs._________/-(Rupees _______ only) & by way of Cheque No. _____ dated ______ drawn on _____ Bank for Rs._________/-(Rupees ______ only) in full and final settlement of the claims and/or the demands whatsoever or howsoever.

 

  1. The First party has received from Second Party and Second Party has also received from the First Party all the ornaments, jewelry, valuable articles received from each other at the time of marriage and thereafter.

 

  1. The Second Party shall duly issue receipt and acknowledge the payment made by First party in full and final settlement towards dissolution of the marriage tie.

 

  1. In consideration of the Agreement, payment and covenant for the dissolution of the marriage as aforesaid, both the parties hereto covenant and undertake to file appropriate applications, petitions, jointly and/or severally as the situation may so require before the appropriate Court or Courts of Law for dissolution of marriage/divorce of the parties on the ground of mutual consent.

 

  1. The Parties hereto covenants to withdraw all the proceedings, Claims, demands, allegations, complaints whatsoever filed before any authority or authorities or Court of Law or legal Forum.

 

  1. The parties hereto futher covenants not to claim or make any demand henceforth against each other whatsoever.

 

  1. The petition drawn up and executed for mutual divorce will be filed by the parties forthwith.

 

IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands on the day, month and year first above written.

 

 

 

SIGNED SEALED AND DELIVERED by the “FIRST PARTY” at ________ in presence of:

                                                                                                                                                                                      _____________________________

                                                                                        ()

1.               

 

 

 

2.

 

 

 

 

SIGNED SEALED AND DELIVERED

By the “SECOND PARTY”, at ________ in

the presence of :

 

______________________________

1.

 

 

 

 

 

 

 

 

2.

 

 

 

RECEIPT

 

 

Received of and from the FIRST PARTY

within named by the SECOND PARTY

within named a sum of Rs ___________

(Rupees ___________ only) as per memo below:                                                                                                                                  Rs___________/-

 

 

 

MEMO OF CONSIDERATION

 

By Pay Order No.______ dated __________                       Rs ________ /-

drawn on ____Bank

 

By Cheque No. 207113 dated _________

drawn on ______ Bank                                                   Rs __________/-

 

______________

Rs ____________/-

_______________

 

 

WITNESSES:

 

1.

 

 

 

 

 

 

2.

 

 

_________________________________________________

Dated ………………..Day of ………….., ………….

_________________________________________________

 

 

 

BETWEEN

 

 

                                                       

                                                        ……FIRST PARTY

 

 

                                        -AND-

 

 

                             

                                                       

                                                        ……SECOND PARTY

 

 

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          MEMORANDUM OF UNDERSTANDING

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___________, Advocate