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  • LEASE DISGUISED AS LICENCE

    Lease Disguised as Licence This Agreement made this …………. between Shri RL and Shri KK both partners of ……………………….. hereinafter called the FIRST PARTY of the One part and ……………………. (P) Ltd., having its Registered office at ………………………. through its Managing Director Shri SJ hereinafter called the SECOND PARTY of the Other part. WHEREAS the SECOND PARTY is the owner of a Bungalow No. 4 situated at …………………….. and more fully detailed at the foot of this deed which along with Mill No. 2 and other properties had been allotted to the share of SECOND PARTY under a decree AND WHEREAS the FIRST PARTY requested to SECOND PARTY to allow him to use the said Bungalow temporarily for residence-cum-Business purposes the SECOND PARTY having accepted the said request of the FIRST PARTY on ………………. agreed to allow the FIRST PARTY to use the said Bungalow as a licence for a period of 2 years commencing form ……………………. on payment of a sum of Rs………… per month as licence fee and on the terms and conditions mutually agreed to between the parties AND AND WHEREAS the FIRST PARTY is using the said Bungalow from ……………………. AND WHEREAS the parties now desire that the terms and conditions on which the FIRST PARTY has been allowed to use the said Bungalow be reduced to writing. THEREFORE THIS AGREEMENT WITNESSETH that the FIRST PARTY on the following terms and conditions which have been mutually agreed to between the parties. 1.     That the FIRST PARTY shall use the said Bungalow more fully detailed at the foot of this deed only for a period of 2 years commencing from ……………………… only for purpose of Residence and carrying on their business of selling and repairing Tractors and agriculture implements. 2.     That the FIRST PARTY shall pay to the SECOND PARTY a sum of Rs………….. per moth as licence fee for the used of the said Bungalow. 3.     That the FIRST PARTY has paid to the SECOND PARTY a sum of Rs……….. as licence fee for a period of one year i.e. from …………….. to …………….. in the manner that a sum of Rs……….. had been paid on ………………. Vide Receipt dated …………… and the balance amount of Rs………….. has been paid today at the time of execution of this Agreement under a separate receipt dated …………… shall be paid. The licence fee for the period subsequent to ………….. shall be paid the FIRST PARTY every month on or before …….. of each month, the first payment now shall be made by FIRST PARTY on or before ……………. and thereafter on or before …………. of each succeeding month till ……………….when the licence granted shall expire. 4.     That all the repairs, white washing, electric fittings, painting etc. which may be necessary in the said Bungalow shall be done by the FIRST PARTY at his costs. The FIRST PARTY shall also be entitled to make such additional and new constructions at his costs as he may desire in the open space appertaining to the said Bungalow but on account of such constructions or repairs, the FIRST PARTY shall not be entitled the claim that the licence granted on him has became irrevocable . On the expiry of the licence FIRST PARTY shall not be entitled to remove any of the materials which shall be used by him in raising the said constructions . But its is specifically agreed that in case the FIRST PARTY gives up using the said Bungalow on whatever account, before the expiry of 2 years for which this licence is given, then he shall be entitled to remove from the new constructions only such things which could be easily removed without damaging the masonry work in addition to this the FIRST PARTY shall also be entitled to claim and get from the SECOND PARTY the cost of Bricks which might be purchased and used by the FIRST PARTY in making such new additional construction in the open space. 5.     That the FIRST PARTY shall also be entitled to construct one Flush Type Latrine in the said Bungalow. A sum of Rs………… shall be contributed by the SECOND PARTY towards the costs of the said latrine and the rest shall be borne by the FIRST PARTY who shall not be entitled to remove any part of this latrine. 6.     That the SECOND PARTY shall provide a water pipe connection in the said Bungalow but the cost of excess water, which may be used by the FIRST PARTY, shall be paid by him. 7.     That the Municipal Taxes in respect of the Bungalow shall be paid by the SECOND PARTY but any other tax which may thereafter be imposed by any authority on the properties shall be payable by the FIRST PARTY. 8.     That the original agreement bearing stamp of Rs…………. shall remain with the SECOND PARTY and a Carbon copy of it which is also signed with the SECOND PARTY shall be bound to produce the original before such person or authority as may be required by the FIRST PARTY. Details of Bungalow : IN WITNESS WHEREOF the parties have signed this deed in presence of the following witnesses: Witnesses: Sd/………………. 1……………….. First Party 2……………….. Sd/………………. Second Party Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Licence to Use Copyright

    Licence to Use Copyright I ………….s/o………………. r/o………………...., the owner of the copyright to . Award the LICENCE to s/or/o for using the said for the purpose of for a period of in lieu of the consideration of already paid to me on.., and I hereby acknowledge the receipt of said amount. Date.                                                                                                                    Sd/-. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Building Lease

    Building Lease This Indenture made at ___________ this ______ day of_____ 201___ between ABC of __________, Indian Inhabitant, hereinafter called “The Lesser” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and assigns) of the One Part, and XYZ also of _________, Indian Inhabitant, hereinafter called “The Lessee”  (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and permitted assigns) of the Other Part; Whereas :— (a) The Lesser is seized and possessed of or otherwise well and sufficiently entitled to the plot of land situate at Peddar Road in Mumbai and more particularly described in the Schedule hereunder written with the building and structures standing thereon. (b) The Lesser has agreed to demise to the Lessee the said Plot of land together with the building and structures standing thereon or which may hereafter be erected thereon for the period and at the rent and upon the terms and conditions therein contained. (c) At the request of the Lessee, the Lesser has agreed to execute these presents in favor of the Lessee. Now this indenture witnesseth as follows :— 1. In consideration of the rent and Lessee’s covenant hereinafter reserved and contained he the Lesser doth hereby demise Unto the Lessee All That piece of land situate at Peddar Road and more particularly described in the Schedule hereunder written and also the structures and buildings now standing thereon and shown in pink wash delineated by red colored boundary line on the plan thereof hereto annexed together with structures hereafter to be erected thereon by the Lessee TO Hold Unto the Lessee the premises hereby demised (hereafter for brevity’s sake referred to as “ the demised premises ”) from the _______day of  _______ Two thousand ___ for the term of 999 years (nine hundred and ninety-nine) yielding and paying therefore during the said term yearly and proportionately for any fraction of a year the rent of Rs. _______ (Rupees __________________ only) to be without any deduction by first day of ___________, the first day of ____________ and the first day of _____________ each year the first payment shall be made on _____________ And also yielding and paying in the event of the said term being determined by re-entry under the provisions in that behalf hereinafter contained a proportionate part of the said rent for the fraction of the current quarter forthwith on such determination. 2. The Lessee doth hereby expressly covenants with the Lesser as follows :— (a) That he will during the said term pay to the Lesser the yearly rent hereinbefore reserved without deduction upon the days and in the manner aforesaid and in the event of failure to pay the rent for any quarter within seven days after the same shall fall due pay interest on such quarterly installment of rent in arrears  at the rate of 15 per cent per annum from the date on which the same ought to have been paid to the date of actual payment such interest being recoverable as if the same formed part of the rent and will carry compound interest at the same rate with six monthly rests and that this provision of interest shall be without prejudice to the other rights and remedies of the Lesser. (b) That he will also pay and discharge all rates taxes, charges, duties, burdens, assessments, outgoings and impositions whatsoever now pay able or hereafter during the said term to become payable and now or hereafter during the said term assessed charged or imposed upon the demised premises or any part thereof or upon the buildings or struc tures for the time being standing thereon or the buildings to be hereafter erected whether payable by landlord, tenant or occupier in respect thereof respectively. (c) That he the Lessee will at his own expense and cost construct and complete within a period of ..................... ............... years from the date of these presents upon the land hereby demised a new building or buildings with all requisite and proper sewers, drains and other conveniences thereto including boundary walls with new materials in a proper workman like manner. The Lessee will for the aforesaid purpose be at liberty to demolish the existing structures comprised in the demised premises PROVIDED HOWEVER AND IT IS HEREBY AGREED AND DECLARED that in default of the Lessee constructing and completing within a period of five years from the date hereof (time being of the essence of the contract) a building or buildings as hereinabove provided the Lessee shall pay to the Lesser a sum of Rs................................... (Rupees .............................................) only as and by way of Liquidated damages without prejudice to the Lesser right to terminate the Lease and to re-enter upon the demised premises in the manner set out in clause 3 hereof. (d) That he will in executing the works aforesaid and at all times during the continuance of this demise observe and confirm to all such rules  and regulations of the Municipal Corporation of Mumbai and other authorities as may be in force for the time being relating to buildings and will lay all drains on the said premises to the satisfaction of the said Municipal Corporation of Mumbai and lead all such drains in to any drains or sewer which may be constructed in any street adjoining the said demise accordingly as may be directed by the said Municipal Corporation of Mumbai. (e) That he will at his own expense maintain and keep in repair the drains, sewers and gullies leading from the said building and premises in accordance with the Municipal Act and the bye-laws there under for the time being in force without requiring any notice in that behalf from the Lesser. (f) That he will throughout the said term hereby granted at his own expenses and whether requested so to do by the Lesser or not well and sufficiently repair, support, save, cleanse and keep in good condition (including all usual and necessary internal and external painting, color and white washing) the buildings and structures standing on the demised land. (g) That he will permit the Lesser or his Engineer or agents or others employed by him at any time when occasion shall require during the term hereby granted in the day time after twenty four hours previous notice to enter in to and upon the demised premises to view the condition thereof and of all defects, decays and want of repairs there found and to give or leave notice in writing on or at the demised premises for him the Lessee to repair. The Lessee shall within two months next after such notice repair and make good all defects, decays and want of repairs as aforesaid. (h) That he will not do or cause or suffer to be done upon the demised premises any act which shall be or grow to be a nuisance or an noyance, or be injurious or offensive to the owners or tenants of any neighboring premises. (i) That he will throughout the said term keep all and every of the building or buildings which may be erected on the said land insured in the joint names of the Lesser and of himself the Lessee against loss or damage by fire in the full insurable value thereof in an insurance office of repute in Mumbai and when thereun to required will produce the Insurance Policy and the current year’s receipt for the premium of such insurance to the Lesser and in case of default the Lesser shall without prejudice to his power of re-entry be entitled to pay premium in respect of such Insurance and the premium so paid shall be repayable by the Lessee on demand with interest at ....................... per cent per annum from date of payment to the date of recovery. (j) That he will as often as the building or buildings which is/are or shall be erected upon the said land or any part thereof shall be destroyed or damaged by fire, hurricane or lightning layout the moneys which shall be received by virtue of any such insurance (in recovering of which the Lesser shall join the Lessee) in the rebuilding re-installing or repair ing the premises destroyed and damaged and if such moneys shall not be sufficient for rebuilding and reinstating the same the Lessee will out of his own moneys and at his own costs rebuild or reinstate the said building or buildings to the satisfaction of the Lesser but so nevertheless that the Lessee should not be liable to expend upon such rebuilding and reinstating a larger sum inclusive of the moneys recovered under the Policy of Insurance than the sum of Rupees..................... (Rupees........................................................). (k) That whenever during the said term the said building or buildings or any part thereof respectively shall be destroyed or damaged whether by fire, hurricane, lightning or otherwise the Lessee will reinstate the same so that after such reinstatement the value of the building shall not be less  than the  said  sum  of Rs..................   (Rupees...........................................................). (l) That he will continue to pay the rent hereby reserved as if no such destruction or damage by fire, hurricane, lightning or otherwise had happened. (m) That he will indemnify and keep indemnified the Lesser against all suits, claims and demands in respect of the demised premises. (n) That he will at the expiration or sooner determination of the said term quietly surrender and deliver up to the Lesser the said demised premises together with all buildings and erections which shall have been built thereon during the said term and all drains and appurtenances thereto in such good and substantial repair and condition and so maintained, saved and cleansed as aforesaid and in all respects in such state and condition as shall be consistent with the due performance of the several covenants hereinbefore contained. (o) The Lessee shall not assign transfer or part with the possession of the demised premises or any part thereof to any person without previously obtaining the written consent of the Lesser which consent shall not be unreasonably withheld. PROVIDED FURTHER that after the build ing covenanted to be constructed on the demised premises as herein provided is completed but not before, the lessee shall be entitled without such consent to assign the demised premises to a duly con stituted Co-operative Housing Society. In such case a copy of Deed of Assignment shall be furnished by the lessee to the Lesser within one month after the date of its registration but nothing contained in such assignment shall prejudice or affect the rights of the Lesser to re-enter upon the premises in case of default as provided by the terms of the Lease. 3. PROVIDED ALWAYS AND IT IS AGREED and declared that if and whenever any two consecutive quarterly installments of the rent hereby reserved or any part thereof shall be in arrears, for the space of thirty days after the same shall have become due whether the same shall have been legally or formally demanded or not or if and whenever there shall be a breach of non-performance or non-observance by the Lessee of any of the covenants, conditions or agreements herein contained it shall be lawful for the Lesser to re-enter upon the said devised premises or any part thereof in the name of the whole and immediately thereupon this demise and all rights of the Lessee hereunder shall stand absolutely determined but without prejudice to any right or remedy of the Lesser already accrued and then subsisting PROVIDED HOWEVER before making such re-entry in respect of any breach of covenant other than the covenant for payment of rent notice in writing shall have been given to the Lessee intimating the breach of covenant. If the Lessee fails to make good such breach within two months of the date of service of such notice the Lesser shall be entitled to re-enter upon the demised premises or any part thereof in the name of the whole and thereafter the Lease shall stand determined provided always not such re-entry shall be without prejudice to any right of action or remedy of the Lesser in respect of any antecedent breach of any of the covenants on the part of the Lessee. The term for payment of interest on the arrears of rent shall not prejudice or affect the right of re-entry herein contained. 4. He the Lesser doth hereby covenant with the Lessee that the Lessee paying the rent hereinabove reserved and performing and observing all the covenants, conditions and agreements on the part of the Lessee hereinbefore contained shall peaceably hold and enjoy the said demised premises during the said term without any interruption by the Lesser or any person claiming under him. IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands, the day and year first hereinabove written. THE SCHEDULE ABOVE referred to: (Give description of the land with the existing building) SIGNED AND DELIVERED by the With in named ABC in the  presence  of: .............................................................. .............................................................. SIGNED AND DELIVERED by the With in named XYZ in the presence of: .............................................................. .............................................................. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

  • FORM FOR OBTAINING INCOME TAX CLEARANCE CERTIFICATE UNDER SECTION 230A INCOME TAX ACT 1 9 6 1

    FORM FOR OBTAINING INCOME TAX CLEARANCE CERTIFICATE UNDER SECTION 230A  INCOME TAX ACT  1 9 6 1   Download Word Document In English. (Rs.60/-) Form No. 34A   Application for a certificate under section 230A(I) of the Income-tax Act, 1961 To,   The Assessing Officer, ............................. ............... ............   Sir,   I, request that a certificate under sub-section (1) of section 230A of the Income-tax Act, 1961, be granted to me. I give below the necessary particulars:   1. Full name and address of applicant (in block letters)   2. Status (whether individual, HUF, etc.)   3. Name of father (or husband) (To be filled in if the applicant is an individual)   4. (i) In case any assessment has been made on the applicant under the Indian Income-tax Act, 1922/Income-tax Act, 1961/Wealth-tax Act, 1957/Expenditure-tax Act, 1957/Gift-tax Act, 1958 name of Income-tax Circle/Ward/District in which such assessment in respect of the latest year was made.   (ii) If no assessment has been made as stated above, whether a return has been submitted under any of the said Acts for any year, and if so, the amount of income/wealth/ expenditure/gift returned for each such year and the Circle/Ward/District where such return has been filed.   5. (i) Names and addresses of all firms or associations of persons or bodies of individuals in which applicant is a partner or member and the Income-tax Circle/Ward/ District in which each such firm or association of persons or body of individuals is assessed to tax.   (ii) Names and addresses of all private limited companies in which applicant is or has been a director at any time after 1st April, 1962 and the Circle/Ward/District in which each such company is assessed to tax.   6. Particulars of existing tax liability as on the date of the application under-  CAP/Asst. year Amount Rs. (i) the Excess Profit Tax Act, 1940 (ii) the Business Profits Tax Act, 1947 (iii) the Indian Income-tax Act, 1922 (iv) the Income-tax Act, 1961 (v)the Wealth-tax Act, 1957 (vi) the Expenditure-tax Act, 1957 (vii) the Gift-tax Act, 1958   (if there is no existing liability against " applicant on the date of the application under any one of the aforesaid Acts, this should be indicated by writing 'Nil' against the name of the relevant Act).   7. (i) Nature of the document i.e. whether a deed of sale, gift, settlement, lease, etc. proposed to be registered.   (ii) Mature of applicant's right, title or interest to or in the property purported to be transferred, assigned, limited or extinguished.   8. (i) In case the transferor is not the beneficial owner of or has no beneficial right or interest in the property proposed to be transferred, the name(s) and addressees) of the beneficial owner/owners.   (ii) In case the property is held by the applicant as a trustee, agent, guardian or in any other capacity on behalf of any person or persons, the name(s) and addresses) of such other person/persons.   9. In case where the applicant is a trustee the particulars of all existing tax liabilities. if any, of the beneficiary(ies) of the trust as on the date of application under- (To be filled in only if the beneficiary(ies) is/are chargeable to tax).   (i) the Excess Profits Tax Act, 1940 (ii) the Business Profits Tax Act, 1947 (iii) the Indian Income-tax Act, 1922 (iv) the income-tax Act, 1961 (v) the Wealth-tax Act, 1957 (vi) the Expenditure-tax Act, 1957 (via) the Gift-tax Act, 1958   (Particulars should be given in a separate sheet if there is more than one such beneficiary).   10. Date on which the right, title or interest to or in the property concerned was acquired.   11. Cost of acquisition of the property. If the property was constructed by the applicant, cost of acquisition of the land and the cost of construction.   12. Particulars of the source or sources from which the cost of acquisition or construction was met.   13. If the property or part thereof was acquired under any of the following modes of acquisition, the particular mode of acquisition applicable to the applicant should be indicated.   (i) on any distribution of assets on the total or partial partition of a Hindu undivided family,   (ii) under a gift or will,   (iii) (a) by succession, inheritance or devolution, or (b) on any distribution of assets on the dissolution of a firm, body of individuals or other association of persons, etc., or (c) on any distribution of assets on the liquidation of company, or (d) under a transfer to a revocable or an irrevocable trust, or any other mode not covered by the above,   14. Name and address of the transferee, assignee, etc.   15. (i) Full value of the consideration for which the property or the right, title or interest in the property is purported to be transferred.   (ii) If the transfer is to be without consideration, the value for purposes of stamp duty.   16. Particulars of the property, i.e. its nature, extent, location, area, etc.   17. Designation and address of the registering officer to whom the document has been/will be presented for registration.   18. In case the applicant has transferred any other property in the financial year, the following particulars of each such property and details of the transfer deed registered should be furnished:   (i) particulars of property i.e. its nature, extent, location and area, (ii) name and address of transferee or assignee, (iii) consideration stated in the instrument of transfer, (iv) date when the transfer deed was registered and designation and address of the registering officer.   I declare that to the best of my knowledge and belief, the information furnished above is correct, complete and is truly stated.     Place Yours faithfully, Date ......................   Signature Notes: 1. This application should be signed-   (a) in the case of an individual by the individual himself; where the individual is absent  from India, by the individual concerned or by some person duly authorised by him in this behalf, and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf,   (b) in the case of a Hindu undivided family, by the karta, and where the karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family,   (c) in the case of a company or local authority, by the principal officer thereof,   (d) in the case of a firm, by any partner thereof, not being a minor,   (e) in the case of any other association or body of individuals, by any member of the association or body or the principal officer thereof, and   (f) in the case of any other person, by that person or by some person competent to act an his behalf.   2. This application should be submitted in duplicate and should be accompanied by a copy of the document which is to be registered.  TO The Registrar/Sub-Registrar, ..................................... 1. The above mentioned applicant has been assessed/is assessable* by me upto ..............................   2. He/She/ it* has   no liabilities outstanding.   made satisfactory provision for payment of taxes due under the Income-tax Act, 1961, Indian Income tax Act, 1922, Excess Profits Tax Act, 1940, Business Profits Tax Act, 1947, Wealth-tax Act, 1957, Expenditure-tax Act, 1957 and Gift-tax Act 1958.   3. The registration of the document mentioned against item No. 7(i) of the application will not prejudicially affect the recovery of any of the taxes due under the Income-tax Act, 1961, Indian Income-tax Act, 1922, Excess Profits Tax Act, 1940, Business Profits Tax Act, 1947, Wealth-tax Act, 1957, Expenditure-tax Act, 1957 and Gift-tax Act, 1958.  .......................................... Signature Designation: Assessing Officer  Ward/District/Circle *Delete the inappropriate words or paragraphs.

  • General Terms and Conditions of Sale of the Immovable Property by the Court Receiver

    General Terms and Conditions of Sale of the Immovable Property by the Court Receiver IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONSUIT NO.    OF 2004 ABC, of Mumbai, Indian Inhabitant, ) residing at _____________________ ) ____________________________ ) .. Plaintiff  Versus XYZ, of Mumbai, Indian Inhabitant ) residing at _______________________ ) ________________________________ ) .. Defendant PARTICULARS AND CONDITIONS OF SALE Relating to the ownership of Flat No. ______ situate on the _____ floor of building “PQR APARTMENT” at __________________________ to be put up for sale by public auction by inviting offers by The Court Receiver, High Court, Mumbai at his office on _____________________ at 12.00 noon at Bank of India Building, 2nd floor, M.G.Road, Mumbai-400 023, in pursuance of the Court’s Decree/Order dated _____________ passed in the above suit. The said Flat is more particularly described in the Schedule “A”  hereto (hereinafter referred to as “the said flat” ). 1. The Court Receiver, High Court, Mumbai as Receiver appointed in the above suit will sell by public auction the said Flat on ___________ at 12.00 noon at his office at Bank of India Building, 2nd floor, Mahatma Gandhi Road, Fort, Mumbai - 400 023. The Intending Purchasers are required to send their respective offers in sealed covers so as to reach the same to the Court Receiver at his office by 4 p.m. on or before ______________ along with the Demand Draft or Bank Pay Order of Rs. 25,00,000/- (Rupees Twenty five lacs only) payable at Mumbai and drawn in favour of The Court Receiver, High Court, Mumbai, as a deposit for participating in the auction of and for purchase of the said Flat. 2. The Intending Purchasers are also required to attend the auction sale at the meeting fixed on ________________ at 12.00 noon before the Court Receiver, High Court, Bombay at his office and they will be allowed to bid amongst themselves and the highest bidder shall be declared to be the purchaser subject to his bid or offer being sanctioned by the Hon’ble Court. The Court Receiver will have the right either to accept or reject any offer without assigning any reason whatsoever. In the event of his offer being not accepted, the said deposit for participating in the auction will be returned to the respective bidders by The Court Receiver without interest thereon. 3. Inspection of the said Flat will be given to the Intending Purchasers on ________ at site between 12 p.m. and 4 p.m.  4. The sale is subject to the sanction by the Hon’ble High Court, Mumbai. 5. The highest bidder (hereinafter referred to as “the Purchaser” ) whose bid is accepted by The Court Receiver shall deposit 25% of the amount of purchase price within 7 days as earnest money with The Court Receiver and sign a Memorandum of Agreement in the form subjoined and shall also complete the purchase within 30 days from the date of sanction of the said sale by the Hon’ble Court and they will have to take possession of the said flat from the Court Receiver at their own cost.  6. The Purchaser shall at the time of sale subscribe his name and address in the bidding papers and all communications and summons shall be deemed to be duly delivered to and served upon the purchaser if left for him at such address, unless or until he is to the specific knowledge of the Court Receiver represented by an Advocate/s in which case service of such notices on such Advocate/s shall be deemed to be sufficient. 7. The Purchaser shall purchase the said Flat on “as is where is basis”  and in such condition as the same may be at the time of sale. If the area of the said flat is found less or inaccurate, the purchaser shall not be entitled to object to the same. The Court Receiver does not warrant the accuracy of the description of the said Flat.  8. The Purchaser shall pay the balance of the Purchase money to The Court Receiver, High Court, Mumbai within 30 days from the date of sanction of the sale by the Hon’ble Court. The Purchaser shall not be entitled to delay the payment of the balance price on any ground whatsoever and the same shall be paid even if the execution of documents of transfer is delayed. 9. If the Purchaser fails to pay the balance of the purchase price in the manner and within the time specified by The Court Receiver or fails to perform any of the terms and conditions provided herein, The Court Receiver, High Court, Mumbai shall be at liberty to forfeit the earnest money and proceed to re-sell the said Flat by public auction in the manner The Court Receiver deems fit and proper and the deficiency in price, if any, occasioned by such re-sale and the costs thereof shall be made good by the defaulting Purchaser with interest on the amount of deficiency at 15% per annum from the expiration of seven days from the date of aforesaid sanction of sale till payment and in case of non-payment of the whole or the balance of such sum, the same shall be recoverable by The Court Receiver or the Plaintiff from the said defaulting Purchaser as and by way of liquidated damages, while any profit on such re-sale shall not belong to such defaulting purchaser. 10. The Purchaser shall not be liable to pay the outgoings in respect of the said flat previous to the payment of the purchase money, and the same shall be apportioned, if necessary. The Purchaser shall at his own expenses take such steps as may be necessary for the purpose of obtaining possession of the said Flat from The Court Receiver within one week from the date of the payment of balance of the purchase price to The Court Receiver. The Purchaser shall bear and pay his own costs throughout and shall not look to the Court Receiver or the Plaintiff for the same or any part thereof. 11. Upon payment of the purchase price in full and all costs, charges and expenses mentioned above, the Purchaser shall be entitled to a Deed of Transfer and or other document of transfer of the said flat in his favour from the Court Receiver. Such documents of transfer shall be prepared by the Purchaser at his own cost and efforts and would be executed by The Court Receiver as the Receiver of the said Flat and the Purchaser will not be entitled to call upon any other person whether the defendant or the Plaintiff to execute the same. Such documents of transfer will be approved, finalised and settled at the meeting before the Court Receiver. The Court Receiver shall execute such documents of transfer in favour of the Purchaser or the nominee/s of the Purchaser. The Payment of transfer fees, stamp duty, registration charges, etc., and all other incidental expenses of transfer shall be borne and paid by the Purchaser. 12. The documents of transfer of the said Flat shall be prepared by the Purchaser and delivered to The Court Receiver within one calendar month of the date of sanction of the sale by the Court.  13. The description of the said flat is believed to be correct and shall be taken as correct. Neither any error or mis-statement in the said description shall be the ground to annul the sale nor the Purchaser can be discharged from his purchase and/or his obligations. The Purchaser shall not be entitled to annul the sale on any ground whatsoever. The Purchaser shall not be entitled for any compensation on that account or otherwise. 14. In case the sale of the said flat is not sanctioned or it is set aside, the Purchaser shall be only entitled to receive back his deposit or earnest money as the case may be without interest and shall in no case or circumstances will be entitled for any costs, charges, compensation and/or damages. 15. The said flat shall remain and be at the sole risk of the purchaser in all respects including loss or damages by fire or theft or other accident and other risks after the expiry of two weeks from the date of the confirmation of sale by the Hon’ble Court.  16. The Purchaser shall be liable to pay all local and other cusses, duties and taxes, if any, in respect of and/or affecting the property herein for which he has given the offer. 17. The Court Receiver will give no covenant other than the usual covenants against encumbrances limited to act and things done by the Court Receiver or to which he has been a party. 18. The Purchaser will admit the facts arising out of this suit and proceedings and will not raise any objection to the sale on that ground. 19. The time hereunder fixed for the observance and performance by the Purchaser of any of the obligations to be observed and performed by him under these conditions is and shall be deemed to be the essence of the contract and any forbearance on the part of the Court receiver to the strict observance and performance by the Purchaser thereof shall not be construed as a waiver or relinquishment on the part of the Court Receiver who shall have the right at his option despite thereof to exercise his right and remedies such as are available to his under these conditions and at law and/or in equity as arising from the non-observance and non-performance thereof including the right to forfeit all the moneys paid by the purchaser treating the contract for sale as having been determined by the Purchaser. 20. All the permissions, sanctions and approvals (if any) required for transfer of the said flat under various provisions of law shall be obtained by the Purchaser at his own cost and efforts. SCHEDULE “A” Description of the Flat Flat No._______ situate on the ______ floor of the building “PQR APARTMENT” situate at ____________________________________________ admeasuring ______ sq.ft of built up area approximately consisting of two bedrooms, a hall and a kitchen. Place: Date: (THE COURT RECEIVER) Download Word Document In English. (Rs.40/-)

  • Cyber crime

    Cyber crime       Q. What is cyber crime?  A. “Cyber” refers to imaginary space, which is created when the electronic devices communicate, like network of computers.  Cyber crime refers to anything done in the cyber space with a criminal intent. These could be either the criminal activities in the conventional sense or could be activities, newly evolved with the growth of the new medium. Cyber crime includes acts such as hacking, uploading obscene content on the Internet, sending obscene e-mails and hacking into a person's e-banking account to withdraw money. Q. Is there any law that governs cyber crime in India?  A. Cyber crime can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.  The act does not define ‘cyber crime’. However, any activities which basically offend human sensibilities would come within its ambit. Child Pornography on the Internet constitutes one serious cyber crime.  Q. What constitutes offence under the IT act?  The act recognizes three kinds of offences which are: 1. Tampering with computer source documents  Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. Explanation.—For the purposes of this section, "computer source code" means the listing of programs, computer commands, design and layout and program analysis of computer resource in any form. 2. Hacking with computer system  (1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack: (2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.  3. Publishing of information which is obscene in electronic form  Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.    Cyber Laws 1. Regulatory norms in Indian cyberspace  The arrival of the Internet and the World Wide Web made it possible for people to communicate and transact over cyber space. It was a revolutionary step for humanity, but it also created a significant need for the regulation and governance of these activities, a requirement that lead to the creation and implementation of cyber laws across the globe. India became the 12th nation in the world to adopt a cyber law regime during 2000.  The country’s cyber laws are contained in the Information Technology, Act 2000. The Act came into effect following the clearance of the Information Technology Bill 2000 in May 2000 by both the houses of the Parliament. The Bill received the assent of the President Of India in August 2000 (IT Act 2000). The IT Act 2000 aims to provide the legal infrastructure for e-commerce in India. At this juncture, it is relevant to understand what the IT Act 2000 offers and its various perspective.  Chapter-II of the Act specifically stipulates that any subscriber may authenticate an electronic record by affixing his digital signature. It further states that any person can verify an electronic record by use of a public key of the subscriber. Chapter-III of the Act details about Electronic Governance and provides inter alia amongst others that where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is – rendered or made available in an electronic form; and accessible so as to be usable for a subsequent reference The said chapter also details the legal recognition of Digital Signatures. Chapter-IV of the said Act gives a scheme for Regulation of Certifying Authorities. The Act envisages a Controller of Certifying Authorities who shall perform the function of exercising supervision over the activities of the Certifying Authorities as also laying down standards and conditions governing the Certifying Authorities as also specifying the various forms and content of Digital Signature Certificates. The Act recognizes the need for recognizing foreign Certifying Authorities and it further details the various provisions for the issue of license to issue Digital Signature Certificates.  Chapter-VII of the Act details about the scheme of things relating to Digital Signature Certificates. The duties of subscribers are also enshrined in the said Act.  Chapter-IX of the said Act talks about penalties and adjudication for various offences. The penalties for damage to computer, computer systems etc. has been fixed as damages by way of compensation not exceeding Rs. 1,00,00,000 to affected persons. The Act talks of appointment of any officers not below the rank of a Director to the Government of India or an equivalent officer of state government as an Adjudicating Officer who shall adjudicate whether any person has made a contravention of any of the provisions of the said Act or rules framed there under. The said Adjudicating Officer has been given the powers of a Civil Court.  Chapter-X of the Act talks of the establishment of the Cyber Regulations Appellate Tribunal, which shall be an appellate body where appeals against the orders passed by the Adjudicating Officers, shall be preferred.  Chapter-XI of the Act talks about various offences and the said offences shall be investigated only by a Police Officer not below the rank of the Deputy Superintendent of Police. These offences include tampering with computer source documents, publishing of information, which is obscene in electronic form, and hacking.  The Act also provides for the constitution of the Cyber Regulations Advisory Committee, which shall advice the government as regards any rules, or for any other purpose connected with the said act. The said Act also proposes to amend the Indian Penal Code, 1860, the Indian Evidence Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 to make them in tune with the provisions of the IT Act. 2. Advantages of Cyber Laws The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse. The Act offers the much-needed legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records. In view of the growth in transactions and communications carried out through electronic records, the Act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format. The Act has also proposed a legal framework for the authentication and origin of electronic records / communications through digital signature. From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law.  Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act.  Digital signatures have been given legal validity and sanction in the Act.  The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates.  The Act now allows Government to issue notification on the web thus heralding e-governance.  The Act enables the companies to file any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may be prescribed by the appropriate Government.  The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions. The Act has given a legal definition to the concept of secure digital signatures that would be required to have been passed through a system of a security procedure, as stipulated by the Government at a later date.  Under the IT Act, 2000, it shall now be possible for corporate to have a statutory remedy in case if anyone breaks into their computer systems or network and causes damages or copies data. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore.  Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

  • ADOPTION OF AN ORPHAN FROM AN ORPHANAGE

    ADOPTION OF AN ORPHAN FROM AN ORPHANAGE  THIS DEED of adoption made on this___________  day of ______________ by Sh.___________, s/o Sh.______________ r/o________________ WHEREAS  1. I have no issue of my own and have no expectation of having any issue due to the reason of having become quite aged. 2. I have long been anxious to adopt a suitable boy as our son.  3. I have, after taking consent of my wife, adopted ___________  aged _________, residing in ___________________________________________________________________________ (name and address of the orphanage) and the said child has been given in adoption to me by the superintendent of the said orphanage, with the prior permission of the court vide dated ____________, a copy of which is annexed hereto.  4. The ceremony of giving and taking in adoption has been duly performed on ________  along with other religious ceremonies.  NOW I, ______________________, hereby declare I have adopted the said child as my son and the said child shall have, from the date of adoption, all the legal rights and liabilities of my adopted son.  IN WITNESS WHERE OF, I am signing this deed this ___________  day of ______________.  WITNESS:  1.________________  Sh.______________  2. Note: If the adoption is from some orphanage there should be annexed a certificate from the head of the orphanage certifying that he had satisfied himself that the adoption would be for the welfare of the child. In case, the child has reached the age of understanding the certificate should further state that he had also obtained the willingness and ascertained the wishes of the child. Further, the permission of the competent court had also been obtained.  Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Certificate of Sale

    Certificate of Sale IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.                   OF 201___ ABC, of Mumbai, Indian Inhabitant )  residing at ____________________ ) …  PLAINTIFF VERSUS XYZ, of Mumbai Indian Inhabitant ) residing at____________________ ) … DEFENDANT CERTIFICATE OF SALE OF IMMOVABLE AND MOVABLE PROPERTIES THIS IS TO CERTIFY that M/S. PQR SALES, a partnership firm having its office at ________________________________________ has been declared the Purchaser for Rs. 9,01,00,000/- (Rupees nine crores one lakh only) at a sale by public auction and confirmed pursuant to the order dated ______________ of the immovable property more particularly described in the FIRST SCHEDULE hereunder written and movable properties more particularly described in the SECOND SCHEDULE hereunder written. The sale has become absolute on ______________. The Purchaser has paid the full price and is already put in possession of the said immovable and movable properties.  THE FIRST SCHEDULE ABOVE REFERRED TO: (Give detailed description of the immovable property) THE SECOND SCHEDULE ABOVE REFERRED TO: (Give detailed description of the movable property) PLACE: MUMBAI DATE: JUDGE  OR THE COURT RECEIVER  OR THE COMMISSIONER Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Accountable Receipt

    Accountable Receipt Re : Sale of property at (description of the property) ______________ ___________________________________ Vendor To ________________________________ Purchaser Received from (the name of the Vendor or his advocate as the case may be), the under mentioned title deeds relating to the above property which We undertake to return to him on demand without claiming any lien for our costs or otherwise howsoever:— (List of title deeds received) Dated this          day of            200 __. Advocates for the Purchaser (Full address) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Form of Agreement for Reference to Two Arbitrators

    Form of Agreement for Reference to Two Arbitrators This deed of agreement made on this ___________, 2000 between: 1.     SN, aged about ___ years, r/o ______________________, hereinafter called the 1st party. 2.     PK aged, about ___ years s/o Mr. GC r/o ________________, hereinafter called the 2nd party. 3.     RK aged about 25 years s/o Mr. GC r/o __________________, hereinafter called the 3rd party. Where as first, second and third parties have been carrying on business of sales and purchase of electrical goods at _______________________ in partnership under name and style _____________________ since ____________. and Where as all the three parties have invested equal capital at the start of the business. and Where as all the three parties have equal share of profit and loss in partnership business, and Where as difference have arisen between the parties and now it has become impossible to carry on the business under the partnership. and Where as the parties aforesaid have agreed to refer the matters hereunder to two arbitrators namely Mr. PK s/o Mr. RP r/o ___________________ and Mr. GL s/o Mr. SL r/o ____________________ for their decision. Now This Deed of Arbitration Witnesses As Under: - 1.     That the profit and loss account of the partnership business shall be prepared under the supervision of arbitrators aforesaid. 2.     That the liabilities to pay the dues of the creditors by the parties shall be settled by the arbitrators on settlement of the account. 3.     That the arbitrators shall decide the date on which the partnership firm shall be deemed to be dissolved. 4.     That the arbitrators shall decide the matter within 4 months. But in case the matter is not decided within 4 month the time to make the award shall be extended by mutual consent of the parties. 5.     That the arbitrators are entitled to appoint an umpire, when they require during the period in which they are required to make the arbitration award. 6.     That if the arbitrators agree among themselves on the matter of dispute, then their award shall be final. If they differ on the matters, then umpire shall decide the matter and the award by umpire shall be binding on the parties. 7.     The arbitrators shall issue notice to the parties for appearance to clear the position of dispute and produce evidences which they think proper. But if the parties do not appear, the arbitrators shall decide the matter ex-parte. 8.     This deed of agreement shall be binding on the legal representatives, assignee and heir of the parties, in case of death of either party. 9.     The arbitrators may, if they deem it necessary, appoint an account for finalisation of the accounts and shall fix the remuneration of the accountant which shall be included in the cost of the arbitrators fee. 10.  On the arbitration award, if any sum is due on any of the parties, then the party in whose favour the award is granted, may apply to the Court for a decree upon the award and for extension thereof. 11.  That except the matter provided in this agreement, the provisions of the Arbitration Act shall apply. 12.  That it shall be the discretion of the arbitrators to fix the cost of this reference. The abovenamed parties do hereby agree to all the terms and conditions stated above without any duress, coercion or undue influence and after fully understanding the terms of this deed of arbitration and bind ourselves, our heirs, assignees and legal representatives, and hereby put our hands on this __________, 2000 in the presence of the following witnesses:     Witnesses: 1. Name……………..                 1.Signature…………                     1st party Address………….. 2. Name……………..                 2.Signature…………                     2nd party Address………….. 3. Name……………..                 3.Signature…………                     3rd party Address………… Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Consent Terms by which Decree to Operate as a Conveyance is Passed

    Consent Terms by which Decree to Operate as a Conveyance is Passed IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONSUIT NO.             OF 201____ ABC, of Mumbai, Indian Inhabitant )  residing at ____________________ ) … PLAINTIFF VERSUS XYZ,  of Mumbai Indian Inhabitant ) residing at____________________ ) … DEFENDANT CONSENT TERMS 1. Agreed and declared that the Agreement for Sale dated 5th August, 1998 between the Plaintiff and the Defendant being Exhibit “D” to the Plaint in respect of immovable property described in Exhibit “A” to the Plaint which is the same immovable property as described in the FIRST SCHEDULE hereto is valid, subsisting and binding between the parties thereto. 2. Agreed, recorded and ordered that the Defendant has received full consideration amount of Rs. 25,00,000/- (Rupees twenty five lakhs only) from the Plaintiff under the said Agreement for Sale dated 5th August, 1988. 3. In consideration of the Plaintiff having paid to the Defendant a sum of Rs. 10,00,000/- (Rupees ten lakhs only) on or before execution of the said Agreement for Sale dated 5th August, 1998 and Rs. 15,00,000/- (Rupees Fifteen lakhs only) paid on or before execution of these Consent Terms making together in the aggregate the sum of Rs. 25,00,000/- (Rupees twenty five lakhs only) (the receipt whereof the Defendant doth hereby admit and acknowledge) the Defendant doth hereby convey, transfer and assign in favour of Plaintiff the said immovable property described in the First Schedule hereto free from all encumbrances but subject to the tenancies as per list described in the SECOND SCHEDULE  hereto. 4. Agreed, delivered and ordered that this Consent Decree does operate as conveyance, transfer and assignment of the said immovable property described in the First Schedule hereto by the Defendant in favour of the Plaintiff in terms of the Deed of Conveyance a copy of which is annexed and marked as Annexure “A” hereto. 5. The present Consent Decree does operate as Conveyance shall be registered in the office of the Sub-Registrar of Assurances at Mumbai. The Plaintiff shall pay stamp duty and registration charges of the present Consent Decree. 6. Agreed and declared that the Defendant has handed over possession of the said immovable property to the Plaintiff on execution hereof. 7. The parties agree and declare that same as aforesaid they have no other claim of any nature whatsoever against each other. 8. No Order as to cost.  FIRST SCHEDULE (Give detailed description of the property) SECOND SCHEDULE List of Tenants Tenement No. Name of Tenant Rent Dated this _______ day of _______ 200___. Advocate for Plaintiff Plaintiff  Plaintiff Advocate for  Defendant Defendant Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Consent Terms by which Decree to Operate as a Conveyance is Passed

    Consent Terms by which Decree to Operate as a Conveyance is Passed IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONSUIT NO.             OF 201____ ABC, of Mumbai, Indian Inhabitant )  residing at ____________________ ) … PLAINTIFF VERSUS XYZ,  of Mumbai Indian Inhabitant ) residing at____________________ ) … DEFENDANT CONSENT TERMS 1. Agreed and declared that the Agreement for Sale dated 5th August, 1998 between the Plaintiff and the Defendant being Exhibit “D” to the Plaint in respect of immovable property described in Exhibit “A” to the Plaint which is the same immovable property as described in the FIRST SCHEDULE hereto is valid, subsisting and binding between the parties thereto. 2. Agreed, recorded and ordered that the Defendant has received full consideration amount of Rs. 25,00,000/- (Rupees twenty five lakhs only) from the Plaintiff under the said Agreement for Sale dated 5th August, 1988. 3. In consideration of the Plaintiff having paid to the Defendant a sum of Rs. 10,00,000/- (Rupees ten lakhs only) on or before execution of the said Agreement for Sale dated 5th August, 1998 and Rs. 15,00,000/- (Rupees Fifteen lakhs only) paid on or before execution of these Consent Terms making together in the aggregate the sum of Rs. 25,00,000/- (Rupees twenty five lakhs only) (the receipt whereof the Defendant doth hereby admit and acknowledge) the Defendant doth hereby convey, transfer and assign in favour of Plaintiff the said immovable property described in the First Schedule hereto free from all encumbrances but subject to the tenancies as per list described in the SECOND SCHEDULE  hereto. 4. Agreed, delivered and ordered that this Consent Decree does operate as conveyance, transfer and assignment of the said immovable property described in the First Schedule hereto by the Defendant in favour of the Plaintiff in terms of the Deed of Conveyance a copy of which is annexed and marked as Annexure “A” hereto. 5. The present Consent Decree does operate as Conveyance shall be registered in the office of the Sub-Registrar of Assurances at Mumbai. The Plaintiff shall pay stamp duty and registration charges of the present Consent Decree. 6. Agreed and declared that the Defendant has handed over possession of the said immovable property to the Plaintiff on execution hereof. 7. The parties agree and declare that same as aforesaid they have no other claim of any nature whatsoever against each other. 8. No Order as to cost.  FIRST SCHEDULE (Give detailed description of the property) SECOND SCHEDULE List of Tenants Tenement No. Name of Tenant Rent Dated this _______ day of _______ 200___. Advocate for Plaintiff Plaintiff Advocate for Defendant Defendant Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

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