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  • format of legal notice against return of cheque to be served to the drawer before filing Criminal Complaint

    format of legal notice against return of cheque to be served to the drawer before filing Criminal Complaint u/s 138 of of Negotiable Instruments Act against return of cheque In case of return of cheque due to insufficient fund in the account, a legal notice needs to be served to the drawer of the cheque. A Draft format of legal notice is shown here. The Legal notice should be served within the prescribed time. Sufficient time as prescribed in the Negotiable Instruments Act also to be allowed to the debtor to pay the amount of cheque and other expenses. If the accused did not pay the amount in the prescribed time, Complaint can be filed u/s 138 of Negotiable Instruments Act.     Draft Format of Legal Notice against return of cheque Registered AD/Speed Post  Date: Mr. ________________Address____________ LEGAL NOTICE Sir, Under instructions and authority from our client M/s. ______________________ we serve upon you the following legal Notice. That our client is a Private Limited Company engaged in trading of Computers, Laptops, Computer Parts and Accessories the name of _________________________________ having office at ____________________________________. That in the year _______________you have approached our client through E-mail communication of your employee __________________ to purchase ________________for your office. Subsequently you have issued purchase order dated _________________amounting to Rs. ______________for _____________ That you have promised our client to pay the cost of the product in the form of Current Dated Cheque as mentioned in the purchase order. That our client had relied on your promise and as instructed by you delivered the ___________ at your office at _______________ vide Invoice No. __________dated ___________. That you have issued Cheque No. _____________dated ____________for Rs. _________/- (Rupees ____________only) drawn __________________________ towards payment against the Invoice. That the aforesaid cheques No. _____dated ________for Rs. _______/- was presented by our client M/s._____________________ on _____ to your Bankers i.e. _____________________________________. Our clients shock and surprise the said cheque had been dishonoured by your bankers with the reason "Fund Insufficient" which was intimated to our client by their ________________________________ through their cheque return memo dated ____________That thereafter inspite of many telephonic reminders by our client, you failed to make the payment due to our client. That now it is clear that you had dishonest intention at the time of purchasing _____ from our client and deceived our client to the tune of ____________. Our client states that you have issued the above said cheques only with an intention to cheat our client which amounts to an offence punishable under section 138 of Negotiable Instruments Act. Under the circumstances, we call upon you to pay of Rs.____________ /- within a period of 15 (fifteen) days from the date of receipt of this notice, failing which our client will be constrained to take legal action against you in a court of law for an offence punishable under section 138 of Negotiable Instruments Act for which you will be liable for all costs and consequences. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. You are liable to pay a sum of Rs. __________/- as necessary cost and expenses of sending the present legal notice to you. Copy of this legal notice is also kept at our office for further ready reference it required in future.  For______, Advocates _____________, Advocate Partner Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • PETITION UNDER SECTION 13-B OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

    EFORE THE PRINCIPAL JUDGE, FAMILY COURT AT (NAME OF THE PLACE) HMA PETITION No._______ OF 20__IN THE MATTER OF: (Name and address of the Husband)Petitioner No.1(AND)(Name and address of the wife)Petitioner No.2 PETITION UNDER SECTION 13-B OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SUBMITTED AS UNDER:- That the present petition is being preferred by the petitioners seeking dissolution of their marriage by mutual consent. The marriage between the parties was solemnized on [DATE] at [TIME], by Hindu rites and ceremonies. The certificate issued by the Registrar of Marriages __________ and the joint affidavit of the petitioners is annexed with this petition. That the status and place of residence of the parties at the time of marriage and at the time of filing of the present petition was/ is as under: HUSBANDBEFORE MARRIAGE. Age Address Status HUSBAND AFTER MARRIAGE Age Address Status WIFE BEFORE MARRIAGE Age Address Status AFTER MARRIAGE Age Address Status That after solemnization of marriage, the petitioners lived together as husband and wife at [PLACE]. Unfortunately, after marriage, they both realized that there are serious differences in their attitude and living style, which created no compatibility. Consequently, both the parties to the petition parted their company from each other since [DATE]. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties to live as husband and wife anymore. That there is no issue out of the wedlock of the parties. (or describe the name age and date of birth of the children and also describe the agreement about the custody of the children amongst the couple). That all the efforts of reconciliation between the parties to continue the present marriage have failed and there are no further chances of reconciliation between the parties anymore. That the parties are residing separately since [Mention Time Period] and there is no cohabitation between the parties since then. That the parties have realized there is no chance to reconcile the differences on any matter, and have finally decided to part with by initiating proceedings seeking divorce by way of mutual consent and the present petition is not being filed in collusion. That the parties have settled all their claims, counterclaims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now. (If the claim is not settled then mention terms & conditions of settlement). That there are no other divorce proceedings pending before any other court. That the matrimonial home of the parties was at [PLACE] hence this court has the jurisdiction to grant the decree of divorce as prayed for. That there are no legal impediments in the grant of the decree of divorce to the parties on the basis of mutual consent. PRAYER It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties. Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favor of the petitioners. Petitioner No.1 Petitioner No.2 VERIFICATION :- Verified that the contents of para nos. 1 to 8 are true and correct to my knowledge, I being acquainted with the facts of the case and the contents of para nos. 9 to 12 being legal submissions are believed to be true on the advice of counsel. No part of it is false and nothing relevant has been kept concealed therefrom. [PLACE]DATED: Petitioner No. 1 and Petitioner No. 2 Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

  • Complaint for refund of money against vehicle receipt

    Complaint for refund of money against vehicle receipt BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM _____ _____                   Vs.              _____ COMPLAINT UNDER SECTION _____ OF CONSUMER PROTECTION ACT Evidence by way of Affidavit on behalf of Complainant I, _____ son of _____, R/o _____, _____, do hereby solemnly affirm and declare as under :- 1-                That the respondent is engaged in the business of _____. 2-                That the deponent approached to the respondent to purchase one _____. On _____ the deponent booked on _____ with the respondent and the deponent an advance booking amount of _____/- for the purchase of _____ and the respondent issued the cash receipt bearing its Serial No. _____ dated _____ in favour of the deponent. 3-                That on _____ the deponent met with the respondent and requested handover the booked vehicle _____ but the respondent again told the deponent that the respondent are going to handover the _____, then the deponent demanded back his money from the respondent as the respondent is not interest to purchase the _____. 4-                That the deponent sent a legal notice dated _____ calling upon the respondent to refund/repay the amount of _____/- alongwith interest within the period of _____ days. The said notice was duly received by the respondent but after receiving the same the deponent contacted the respondent and visited the office of the respondent from time to time, but the respondent has been miserably filed to refund the amount to the deponent and finally on _____ refused to refund any amount. Hence this complaint. 5-                That the deponent is entitled to recover from the respondent the above mentioned amount along with interest prevailing in the market. 6-                That the cash receipt of the respondent is _____. The legal Notice and the postal receipt are _____. Deponent Verification: Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief. Verified at _____ Deponent Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

  • BAIL FIR- SECTION- 376, 506, 323 IPC

    BAIL  FIR- U/S- 376, 506, 323 IPC In The Court Of District & Sessions Judge, Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-)   East Delhi Bail Application No. _______ / 2017  In The Matter Of:-  Mr. …….Petitioner  V E R S U S  The State …… Respondent  FIR No: ………..(Dated:-----------) PS:  New Nagar US: ,,,,,,,,,OF IPC District-East Delhi  INDEX  Srl. No. Particulars Page No. 1. Application for Bail, U/S-439 of Cr.P.C. 01-08  2. Annexure -P-1 Copy of the FIR 09-11  3.. Annexure -P-2 Copy of the Photographs 12-37  4.. Annexure -P-3 Copy of a undertaking procured by the Complainant from the Petitioner that he will get their alleged marriage registered in the Court. She also alleges in the same undertaking that her third child is fathered by the Petitioner. 38  5. Annexure -P-4 Copy of a Fee-Receipt, dated-25.08.2014, showing the address of the sister of the Complainant, named, Soni Kumari, to be the flat of the Petitioner where the Complainant would live. 39  6. Annexure -P-5 Copy of the Statement of the Account of the bank of the Petitioner 40-54  7. Vakalatnama PETITIONER [In Judicial Custody]  THROUGH  , ADVOCATE,  (Enrolment No.-D/55/1995) (COUNSEL FOR THE PETITIONER) LAWYERS’ CHAMBERS, ……………….. In The Court Of District & Sessions Judge, East Delhi Bail Application No. _______ /2017  In The Matter Of:-  Mr.   R/o …...Petitioner  V E R S U S  The State Through) …… Respondent  FIR No: 0493 of 2017 (Dated: 28/08/2017) PS: New Ashok Nagar US: 376/506/323 OF IPC District-East Delhi Petition Under Section 439 Of The Criminal Procedure Code, 1973,  For Grant Of Bail MOST RESPECTFULLY SUBMITTED AS UNDER:-  1. That the Petitioner is a law abiding Citizen. He however, has been falsely implicated by the Police by lodging against him completely vexatious, false, frivolous and baseless FIR. The Copy of the FIR is annexed herewith this Petition as an Annexure-P-1.  2. That the Petitioner was arrested by the Police on 28.08.2017. He had fully cooperated in the investigations and consequently the Police did not seek his Police Custody (PC), and consequently, he was sent to the judicial custody (JC) on 29.08.2017. He is, therefore, behind the bars for nearly 14 days.  3. The Petitioner and the Complainant are both married persons. The Complainant got married in 2008. Both are merely 10th class/ 12th class pass. Both are known to each other for quite a long time, i.e. long before 2008, as they were neighbors in …..Village, Delhi prior to the marriage of the Complainant. After marriage, the Complainant shifted to Kolkata and the Petitioner began to live in ….Delhi-96. The family of the Complainant had already shifted to Khora Colony, Ghaziabad, UP, which is hardly about 2 Km. from the residence/office of the Petitioner, the alleged place of occurrence.  4. That in the year, 2010, the Complainant got back to Delhi and began to live in in a rented, ……….., Delhi-96. The husband of the Complaint began to work with the Petitioner. The office/flat of the Petitioner was/is also in the same colony at …………..Delhi-96.  5. That in the year, …… the Petitioner housed the Complainant in one of the floor of his office/flat at ………….Flats, ………. Delhi-96.  6. That the allegations in the FIR are as follows: Allegations in the FIR:  7. That the Petitioner had made a film/video of the Complainant while she was taking bath in the bathroom of his office/flat and subsequently made physical relationship with her by threatening her that either she should obey, or else he would make her bathing video viral. The Petitioner also threatened the Complainant not to tell about her relationship with him to anyone or else he would defame her by revealing to all that she had a boyfriend before her marriage.  8. That the Petitioner would make physical relations with her repeatedly on the same pretext that he would be defaming her by revealing to all that she had a boyfriend. While being intimate, the Petitioner made Several other videos and threatened to destroy her if she ever told about the same to anyone. When she opposed the Petitioner, he had several times beaten her and her children and tried to set her house on fire.  9. That the Petitioner had married the Complainant in a closed room and had made a video of the marriage too.  10. That the Petitioner had a bad eye on the sister of the Complainant.  11. That the Petitioner and the Complainant had physical relationship between the period 2012 to 2017. On getting fed-up, the Complainant ran away from the flat of the Petitioner on 26.02.2017. Submissions Vis-a-Vis The Allegations Leveled In The FIR:  12. That on the alleged threat of making bathing video viral the Petitioner would like to state that the Petitioner has not made any such video nor has he ever had any camera in his bathroom to do that. This averment of the Petitioner gets strengthened from the fact that the Complainant has not specified the day, or date, or time when she took the alleged bath in the bathroom of the Petitioner. She also fails to specify as to when she first time became physically intimate with the Petitioner. It is submitted that Complainant and the Petitioner came in contact with each other quite naturally, they being family friends and known to each other for a very long time. No one compelled, or induced or pressurized anyone. Even otherwise, it was an utterly insufficient/superficial reasoning, which the Complainant has allegedly given to get physically intimate with the Petitioner. It is beyond comprehension as to how a bathing video could bring shame to her and her family, as also what stopped her from complaining to the Police if it was so. It happens almost every other day that the females get such miscreants sent behind the bars for secretly video-graphing/photographing them. Not even a rustic and totally uneducated female would get physically intimate owing to the alleged threat.  13. That as for several other videos, the Petitioner would like to state that the same were not made at the instance of the Petitioner. On the contrary, it was the Complainant who had an acute habit of getting herself filmed/video-graphed/photographed while being nude. It would be relevant to mention herein that the Complainant was so much fond of her nudity that she would send the Petitioner her nude videos on his phone/whatsApp etc. not on one occasion or two, but on numerous occasions. Her allegations about a singular instance of video-graphing her in the bathroom and then she getting blackmailed by the Petitioner holds no ground, the same being false, baseless and concocted. The Petitioner is filing along with this application numerous photographs fully substantiating the averments of the Petitioner. The said Photographs, Videos, Video-Callings are self-explanatory and speak volumes about the comfort and coziness which the two enjoyed. The said photographs are annexed herewith this Petition as Annexure P-2 (Colly.) The Petitioner has also handed over to the Police one pen-drive containing numerous Photographs, Videos, Video-Callings, Phone Calls, etc. involving the Complainant and the Petitioner. He has also given a copy of the said pen-drive to his Counsel. The contents of the said pendrive can be ascertained from the Police. The Counsel of the Petitioner also has instructions to place the copy of the said pen-drive on the record of this Hon’ble Court subject to the permission of this Hon’ble Court.  14. That on the allegation of the alleged marriage, it is stated that it was the Complainant who had forced the Petitioner to marry at Kalkaji Temple, New Delhi, as also took an undertaking from him that he will get the alleged marriage registered. It was she who had got a photo of the alleged marriage made at the a photo studio at Kalkaji Temple only. She also procured an undertaking from the Petitioner that he will get the alleged marriage registered in the Court. She procured the said undertaking from the petitioner by blackmailing him that her third child was fathered by him and not by her husband, saying in her won words,  “ HAM DONON KE BEECH MAIN EK BETA PAIDA HUA, (JO) HAMARE PYAR KI NISHANI HAI.”.  At the time of marriage, the Petitioner had bought for the Complainant a gold Maang-Tika and a diamond nose pin. The said undertaking is annexed herewith this Petition as Annexure P-3.  15. That as for her allegation that Petitioner had a bad eye on her sister too, the Petitioner would state that this allegation is concocted, false, and baseless, and the same is leveled belatedly as a result of an afterthought, with malafide intentions and ulterior motives, just to falsely implicate the Petitioner one way or the other. The sister of the Complainant, named, Ms. Soni Kumar, was continuously/ permanently living with her for the last about two and a half (2&½) years. While living with the Complainant, her sister was studying in the School Of Open Learning and therefore would stay in home almost the whole day, as she had nowhere to go. Her sister was there with her even when Complainant had left the flat of the Petitioner on 26.02.2017. It is totally incomprehensible that the Complainant was facing the kind of situation she has alleged in the FIR and she chose not to complain about that to her sister who was living with her 24x7 for such a long period, nor did she tell anything to her husband. She also chose not to tell anything to her mother or other family members who lived at a stone’s throw distance (Hardly 2 Km from her). Further, she also did not tell anything to her neighbor living in the other floors of the same building/Flat at 32M, Pocket-2, EHS, MIG Flats, Mayur Vihar-III, Delhi-96. This allegation further establishes as to how desperate the Complainant is to falsely implicate the Petitioner in the name of her sister too. The copy of a Fee-Receipt of the School Of Open Learning, dated-25.08.2014, containing the address of the office/flat of the Petitioner is filed along with this Petition as an Annexure -P-4. Other Pleas And Submissions:  16. That the Complainant would compel the Petitioner to spend a huge money on her, her husband, her family and her other relatives. The Petitioner would purchase for her garments, jewelerry and other household items, like Mobile Sets, Washing Machine and Fridge, etc. She has so far taken from the Petitioner a jewellery worth Approx. Rs.1,25,000/- (Three Gold Chains, One diamond Nose-Pin, Two gold Rings). He paid her mobile bills, as also the school fees of her children, namely Master Jatin and Baby Nidhi Singh, studying in East Point School and Vanasthali Public School respectively, for the years 2014-2015 and 2015-16, by way of Cash and Cheque. A fraction of what the Petitioner had spent on the Complainant does reflect in the following table, which tells volumes about how much the Petitioner was spending on the Complainant, and her family members: Date Amount Where the Amount Was Spent 08.04.2015 Rs.1,50,000/- Shailesh Singh (The husband of the Complainant) 30.05.2015 Rs.19,732/- Pankaj Electronics, towards the purchase of Washing Machine for the Complainant. 17.06.2015 Rs.2,00,000/- Shailesh Singh (The husband of the Complainant) 20.07.2015 Rs.5,000/- Sachin Kumar (The son of maternal uncle of the Complainant) 21.07.2015 Rs.2,500/- Sandeep Kumar Singh (The brother of the husband of the Complainant) 29.07.2015 Rs.30,000/- Shailesh Singh (The husband of the Complainant) 10.08.2015 Rs.5,000/- Sandeep Kumar Singh (The brother of the husband of the Complainant) 27.08.2015 Rs.75,000/- Shailesh Singh (The husband of the Complainant) 05.09.2015 Rs.5,000/- Sandeep Kumar Singh (The brother of the husband of the Complainant) 10.09.2015 Rs.10,000/- Neetu Singh (The Complainant) 08.10.2015 Rs.25,000/- Shailesh Singh (The husband of the Complainant) 20.11.2015 Rs.10,000/- Sandeep Kumar Singh (The brother of the husband of the Complainant) 30.12.2015 Rs.1,00,000/- Shailesh Singh (The husband of the Complainant) 14.03.2016 Rs.1,50,000/- Shailesh Singh (The husband of the Complainant) This table clearly demonstrates that the Petitioner was spending on the Complainant and her family members a whooping sum running in lacs of rupees. The pattern of outflux of money from the accounts of the Petitioner in a span of merely 12 months leaves a lot of scope for speculations as to how much he should have spent on her during his relationship with the Complainant between the period 2012 to 2017. The Petitioner is filing the related bank statement of account of the Petitioner along with this Petition as Annexure P-5 (Colly.).  17. That the Complainant has portrayed herself to be a victim and to the Petitioner, a tormentor. The material which he has handed over to the Police contains a video which clearly demonstrates that the things between the two were just opposite of what she has alleged. The Complainant not only fully dominated the Petitioner, but she would also beat him. The Complainant is clearly seen in that video slapping, shoving and rebuking the Petitioner in his office.  18. That in the given Case, all was good between the Complainant and the Petitioner till the Petitioner was paying all her bills and fulfilling all her demands- acceptable or unacceptable. She however, walked in the Police Station and got a false FIR- U/S- 376, 506, 323 IPC registered, the minute the Petitioner failed to toe the line set by her. That as averred in the preceding paras, the allegations of the Complainant are nothing but a bundle of blatant lies, the same being totally false, baseless and concocted. The Complainant has leveled the allegations with malafide intentions and ulterior motives, just to falsely implicate the Petitioner.  19. That besides and without prejudice to the above, Delay in lodging the F.I.R. is yet another strong plea in favor of the Petitioner. As per her own allegations, the Complainant remained in the relationship with the Petitioner between the period 2012 to 26.02.2017. She however, stayed silent during this period despite the fact that her husband and her sister were living with her. Her whole family and relatives also stay and reside within the radius of 2 kms from her flat. Thereafter, as per her own allegations, she walked out of the relation by leaving the flat of the Petitioner on 26.02.2017. She offers no explanation as to what stopped her from getting the FIR lodged for about Six months, i.e. from 26.02.2017 to 28.08.2017. The F.I.R was lodged on 28.08.2017. An unexplained delay of over Five years and six months fully substantiates the version of the Petitioner that he has been falsely implicated in this Case.  20. That there is nothing which got to be further investigated in this matter. The investigation in this case is complete for all practical purposes.  21. That the Petitioner is a permanent resident of Delhi. He has his family residing permanently in Delhi and has deep roots in the society. There is no question of him fleeing from justice or absconding by any stretch of the imagination.  22. That the antecedents of the Petitioner are completely clean. He belongs to a respectable family. Prior to this, he has no FIR in his name, let alone any conviction in any criminal case.  23. That the Trial of the case would take a long time and keeping the Petitioner in Judicial Custody (JC) would not serve any fruitful purpose. On the contrary, his whole family will come on the road if his incarceration prolongs, he being the sole bread earner of his family, comprising of three school/college going children.  24. That the Petitioner undertakes not to tamper with the evidence in this case, nor to try and contact the Victims/Complaint in this case by any way and means.  25. That the Petitioner undertakes to attend the proceedings before the concerned Court regularly, as and when called upon to do so. 26. That the Petitioner further undertakes to abide by all the conditions which this Hon’ble court pleases to impose to enlarge him on bail. PRAYER It is therefore most respectfully prayed that this Hon’ble Court be pleased to enlarge the Petitioner on bail, subject to whatever conditions which this Hon’ble Court deemed fit in the facts and circumstances of this Case, and in the interest of justice. Petitioner [In Judicial Custody] Through SUSHIL KR. SHARMA, ADVOCATE, (Enrolment No.-D/55/1995)  In The Court Of Shri …………Judge (PC Act) CBI, East, KKD, Delhi Bail Application No. 1602 / 2017  In The Matter Of:- Mr. …… …….Petitioner  V E R S U S  The State …… Respondent  FIR No:  INDEX [List Of Additional Documents Filed On Behalf Of the Petitioner]  Srl. No. Particulars Page No. 1. Call Detail Record (CDR) Of The Complainant for the period 23.11.2016 to 22.12.2016. 01-05  2. Call Detail Record (CDR) Of The Complainant for the period 23.01.2017 to 22.02.2017. 06-11  3.. Call Detail Record (CDR) Of The Complainant for the period 23.02.2017 to 22.03.2017. 12-14  PETITIONER [In Judicial Custody] THROUGH  ADVOCATE, (  Indian Penal Code, 1860 CHAPTER IV : GENERAL EXCEPTIONS Section-90. Consent known to be given under fear or misconception.- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane personif the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of childunless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.  Chapter XVI: Of Offences Affecting The Human Body Sexual Offences 375. Rape.-  A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:--  First.-Against her will.  Secondly.-Without her consent.  Thirdly.--With her consent, when her consent has been obtained by pulling her or any person in whom she is interested in fear of death or of hurt.  Fourthly.--With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.  Fifthly.--With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.  Sixthly.--With or without her consent, when she is under sixteen years of age. Explanation.--Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.  Exception.--Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.  Section-376. Punishment for rape.- (1) Whoever, except in the cases provided for by sub-section (1), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.  (2) Whoever,--  (a) being a police officer commits rape-  (i) within the limits of the police station to which he is appointed; or  (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or  (iii) on a woman in his custody or in me custody of a police officer subordinate to him; or  (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or  (c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution lakes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or  (d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or  (e) commits rape on a woman knowing her to be pregnant; or  (f) commits rape on a woman when she is under twelve years of age; or  (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years,  Explanation  I.--Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.  Explanation  2.—"Women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or children.  Explanation  3.--"Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation. Of Hurt Section-323. Punishment for voluntarily causing hurt.- Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.  Chapter XXII: Of Criminal Intimidation, Insult And Annoyance Section-506. Punishment for criminal intimidation.-  Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.-- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with line, or with both

  • Format for welfare

    Format for welfare-charitable trust-NGO Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) This Trust Deed is made and executed at ——————,  on this —————————–,  between  Mr. ——————————————————————————–, hereinafter called the SETTLER/CHAIRMAN. AND Mr.——————————————————————————————–, hereinafter called the TRUSTEE (Managing Trusty). (Provide all details of the proposed trustees and adopt the  format for welfare-charitable trust-NGO) The expression ‘The Settler/Chairman’ The Trustees ‘shall unless excluded by the repugnant to the subject or context, be deemed to include their legal heirs, successors, legal representatives, Administrators and assigns. WHEREAS The said Settler /Chairman is desirous of creating and forming of an endowment by setting apart and establishing a fund for the General Public, religious and charitable objects and purpose in India and abroad , hereinafter expressed and the above mentioned all trustees have at the request of the said settler/chairman agreed to act as trustees of the said trust. AND WHEREAS, In order to effectuate the said object of forming, creating and establishing a public charitable Trust the said Settler has delivered and made over to the Trustees a sum of Rs————————————————–with intent to part with all rights, title and interest claim therein and vest the same in the Trustees to have and hold the same and investment or investment for the time being representing the same and also the aforesaid trustees herein were cherishing the laudable idea of funding a trust for charitable purpose and in the pursuance of the above objects and uses hereinafter expressed with the powers, and on the terms and conditions and provision contained of and concerning the same :- NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESS AS UNDER: The main features and shape of the Present establishing Trust shall be as under NAME OF THE TRUST: The name of the Trust shall be ——————————————————HEAD OFFICE—————————————————————————– The head office of the said trust shall be situated at ——————————— ( Modify the format for welfare-charitable trust-NGO accordingly) TRUST DEED:The amount contributed by the founder/settler & Trustees shall and will stand possessed the same upon the trust and also the trustees may from time to time receive for augmenting the trust funds as donations, gifts, interests, loans to capital deposit amount of Rs.10,000/-(Rupees ten thousand only)etc. for the General public and General Purpose of the trust fund of the trust arising from the subscriptions, donations, grants, or otherwise from any sources and also of any investment etc. representing the same, (HEREINAFTER CALLED ‘THE TRUSTEE’) Furthermore the net income from the said trust fund, to apply both the capital and income of the said trust fund for the purpose and betterment of the aims and objects only of the said trust. TRUST PROPERTIES: The Trustees shall stand and possessed of the said amount of corpus and such other properties, both movable and immovable as may be acquired from time to time by the Trust, viz. by purchase, exchange, grants subscriptions, or the endowment donations gifts, contribution or in any manner whatsoever all of which shall be designated ‘THE TRUST PROPERTIES’ of the Trust herein mentioned above. EXECUTIVE BOARD OF TRUSTEES: That all the trustees of the said trust shall be called ‘THE EXECUTIVE BOARD OF TRUSTEES’ LIFE MEMBER: The above mentioned three trustees of the said trust shall be called ‘THE LIFE MEMBER TRUSTEE’. FOUNDER MEMBERS: The above-said settler/chairman/founder of this Trust and all the said Trustees i.e. shall be called ‘THE FOUNDER OF THE SAID TRUST’ THE MANAGING TRUSTEE: The trustee No.1 shall be the Managing Trustee of the said trust. After her, the remaining trustees, for the time being, shall elect one of themselves as the Managing Trustee. It shall, however, be opened that the Managing Trustees shall be elected by 2/3rd majority of the said Board of Trustee of the said Trust, in the General Meeting of the Board. WHO MAY BE APPOINTED AS TRUSTEE: Any person may be appointed as Trustee or trustees of the said Trust appointed by the majority of 2/3rd of the present Trustees and with the consent of the Settler/Chairman. THE MINUTES BOOK: It shall be kept by the managing trustee Minutes Book is an office book in which the presence of every trustee and all proceedings of the meeting of the Board of trustees shall be recorded in the minutes book and shall be signed by Chairman of the meeting either at the conclusion thereof or at the next meeting when it they shall be confirmed. BANK ACCOUNT: The Trustees shall have to deposit the trust money or any portion thereof in any nationalized Bank, such account can be operated jointly by the signatures of Chairman/Managing Trustee and any other trustees, who hold the office of Cashier/Treasurer of the said trust. BOOK OF ACCOUNT: A proper and regular account of all accounts, receipts and expenditure of the said trust shall be maintained regularly. AUDIT: On 31st day of March of every year General Account shall be taken of all the assets and liabilities of the trust and an income & expenditure account for the whole year and a balance sheet as on 31st day of March shall be passed by theTrustees. The accounts of the trust shall be audited annually by a chartered Accountant appointed by the Trustees for the purpose. DISSOLUTION OF THE TRUST: That the above said Trust shall be dissolved at any time by 2/3rd majority of the present trustees but no profit shall be used by any trustee or settler of the said Trust. The Trust fund, properties either movable and immovable shall be spent only for the welfare of the poor and General public or to other Trust/society having similar aims and objects. JURISDICTION OF THE COURT: Only the competent courts of Delhi shall entertain all the legal proceedings, cases and suits related to the said Trust. THE AIMS AND OBJECTS OF THE SAID TRUST: Suggestive only as per the Format for welfare-charitable trust-NGO 1. To promote welfare, social-cultural, charitable, health education, humanitarian, and relief activities that will protect, safeguard, improve the quality and raise the standard of human life, particularly economically weaker sections of the society, irrespective of caste creed, race colour, sex or religion so that they may lead healthy, happy contented and dignified life. 2. To help and collaborate in establishing and running medical centers, old age homes, Ashrams, rehabilitation, institutions for the destitute, vocational training centers for the handicapped and self job-oriented activities for the unemployed. 3. To offer scholarships, stipends and financial support to deserving students in pursuing higher studies in medicine Art, science, Engineering and computer technology. 4. To undertake and support any program or projects that provide educational, recreational, social cultural and spiritual activities with the sole purpose of promoting peace, love, tolerance and national integration among the various communities of the country and Nationalities of the world. 5. Sponsorship of economically weak persons for institutional care. 6. Collaboration with other voluntary organizations to accomplish the above objects. 7. Affiliation with other national and international organizations engaged in welfare, health education, National integration, and peace-promotion activities. 8. Regular dialogue and rapport with central, State Government and N.G.O’s to elicit support and cooperation in fulfilling the aims and objects of the organization (Charitable Trust ). 9. To acquire immovable and movable properties by purchase lease, mortgage, gifts, grants, legacy, bequest, exchange, right privilege from any person/s, company, society, Government cooperative bodies or institutions whatsoever and to hold movable and immovable properties lawfully held of all descriptions. 10. To erect/build residential complexes, hostels, hospitals and any other type of building or structures whatsoever, to further any objects of the Charitable Trust and to maintain, manage, control, improve, alter, repairs, demolish or reconstruct the same or any portion or portions thereof. 11. To receive by way of gift, whether in cash money or property movable or immovable, donations and contributions in any legal form, including legacy, behest, wills, trusteeship, etc, for the benefit of the Charitable Trust. 12. To alienate by way of sale, mortgage, lease, charge transfer all or any part of the property of the Charitable Trust. 13. To invest and reinvest any funds or money of the Charitable Trust in the interest of the beneficiaries of the Trust. 14. To execute such agreements, conveyances, transfers, leases license, mortgages, documents, etc. as may be deemed necessary to carry out the objects of the Charitable Trust. 15. To borrow and or raise any funds with or without security in any manner the charitable trust may think to repay the same. 16. To negotiate with or enter into arrangements with different authorities, bodies, industrial houses for grants, allowances, rights, concessions, and privileges, etc. that may be beneficial to the charitable trust beneficiaries. 17. To use all the income from the properties movable or immovable or from the earning of the Charitable Trust as such whose soever derived from, solely for the advancement of the objects. And that no portion of it be distributed or disbursed among the Trustees by way of profits, bonuses or dividends. However, nothing herein contained shall prevent the payment in good faith in the shape of remuneration or reimbursement to any Trustee for any services rendered to the charitable trust or expenses incurred thereto. 18. To appoint or to remove staff of different graces, prescribe their duties, assignments, service conditions and to fix their wages, remunerations, and perquisites, etc. 19. To perform all acts as are incidental and conducive to the attainment of all or any of the objects of the Charitable Trust. 20. The income and earnings of the charitable trust shall be utilized to attain the aims and objects of the organization as desired by the Trustees of Charitable Trust. 21. To undertake ad promote human resources in the field of social work and in other science relating to social action for world peace. 22. To undertake and maintain and assist any relief measures in those parts which become subject to natural calamities such as flood, fire, drought famine, cyclone, earth-quake epidemics, storm, accidents, pestilence, etc. 23. To give, provide and/or render, help and assistance to a and/or implement any scheme for providing livelihood and upliftment of the poor. POWERS, FUNCTIONS, RIGHTS, AND DUTIES OF THE TRUSTEES: ( Adopted from the Format for welfare-charitable trust-NGO) The powers, functions, rights, and duties of the above said trustees shall be as under: 1. Without affecting the generality of powers and duties and functions of the trustees to manage and administer the trust.  The Board of Trustees shall have the following functions: i) To borrow if needed be against the security or the assets of the trust by way or bank overdrafts loan or otherwise, as may be necessary, for the benefits of the trusts provided, however, the trustees unanimously agreed on such borrowing and limits to the terms of this decision or agreement and or authorize two or more of the trustees to execute such documents, deed, papers., etc. and as may be necessary in connection the Trust. ii) To arrange for and/or authorize the signing or execution of any agreement, contract, installment, document or any other paper in writing require to be signed or executed on behalf of the trustees by any two of the trustees to be nominated in this behalf by the Board of Trustees & with the consent of the settler and to make the same effective and binding as if the agreement of contracts instrument or documents or papers or writing were signed by all the trustees. iii) To appoint or make provision for the appointment of a sub Committee of Trustees and/or others to attend or to supervise or conduct specified jobs or functions of the trust matters in such manners and subject to such Rules and Regulations as The Trustees may be prescribed. iv) To authorize any one or more Trustees to hold any property or any fund or any investment of the Trust subject, however, to the terms of these presents in such manners and subject to such terms and conditions, Rules and Regulations as the Board of Trustees may from time to time make as they think fit and proper. v) To spend any portion of the corpus fund or the income of the trust for purchasing any land or construction any or building for the Trust. 2. Trustees shall have full powers to determine the programs of the Trust by organizing, suggesting, or by adopting or rejecting the proposals from the public and may delegate any of the powers of professionals or administrative staff whose reports of and activities shall be arranged to be received periodically to control and to give guidance in this regard thereto. 3. The Trustees shall have powers from time to time to make and alter or amend the Rules and Regulations if needed, with the consent of the settler, so made this regard of which any power or duty is vested in them, as they may think fit and proper. 4. The Trustee may appoint advocates, secretaries, Engineers, Surveyors, or other employees for the purpose of management and supervision of the Trust estate, funds for the collection of rents, effects, and profits, for keeping the account and records and for other purposes of the Trustee. 5. The Trustees shall have full power to compromise or compound all actions, suits, and other proceedings and settle difference and disputes touching the trust estate(s)and /or the trust properties and to refer any such differences, disputes to arbitration and to adjust and settle all accounts relating to the trust estate and/or the trust properties and to do all other acts and things fully and effectually without being liable or answerable for any bonafide losses occasioned thereby. 6. The veto of the majority of the members shall prevail and in the event of tie, the chairman of the meeting shall have the power of casting of his/her vote. 7. Any Resolution passed by the 2/3rd majority of the present trustees, with the consent of the settler for the benefits and the same shall prevail and applicable to the members. 8. A person shall cease to be trustee, in case, if he/she dies or if becomes bankrupts or becomes in same or otherwise incapable to act or if any trustee or trustees resigns from his/her/their, or removed by the Board of Trustees with the consent of the said settler, by 2/3rd majority, shall be removed from his/her office. 9. If anyone or more of the objects specified herein these presents are held not to be objects of a public charitable nature the trustees shall not carry out such objects or object as if the same are not incorporated in these present but the validity of the trust created by these presents as a trust shall not be affected in any manner. NO PERSON BEING:i) An un-discharged ,insolvent orii) Convicted of an offence involving moral turpitude, oriii) Of unsound mind, oriv) A minor. SHALL BE ELIGIBLE TO BE A TRUSTEE: That any intellectual person or persons or professional individual may be appointed and elected as trustee of the said Executive Board or Trustees by way of special consideration either by money, work or eligibility by 2/3rd majority of the present trustee of the said Board.IN WITNESSES WHEREOF the above said Settler/Trustees have signed this Deed of Trust in the presence of the following witnesses:WITNESS:1.2.SETTLER

  • Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree

    Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree . Format of Stay Execution- Setting Aside the Ex-Parte order and Ex-Parte Decree In the court of _____ _____ …..Applicant/Plaintiff Versus _____ …..Defendants Application for Setting Aside the Ex-Parte order dated _____ and Ex-Parte Decree dated _____ Respectfully Showeth: 1- That the above noted case was fixed for _____ before this Hon’ble court and the counsel for the applicant/defendant appeared before this Hon’ble court. The Hon’ble court fixed the time for arguments at _____ hence the counsel went to attend other cases in the other courts. at about _____when the counsel came back to attend this Hon’ble court then he came to know that the above noted case was proceeded as ex-parte against the applicant/defendant.  Thereafter on _____ this Hon’ble court passed an exparte decree in favour of the plaintiff and against the defendant.2- That the applicant/defendant will suffer an irreparable loss and injury in case the above noted suit is not restored in its original form.3- That the present application is well within the limitation. It is, therefore, prayed that the exparte order dated _____ and ex-parte decree dated _____ may kindly be set aside in the interest of justice.Dated ________ Applicant /defendant Through counsel: Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

    Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/) MUTUAL CONSENT DIVORCE PETITION FORMAT UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955   DRAFT FORMAT OF THE MUTUAL DIVORCE PETITIONBEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT ___________HMA PETITION No._______ OF___ 20__ IN THE MATTER OF: (Name and address of the Husband)         : Petitioner No.1 (AND) (Name and address of the wife)             : Petitioner No.2 PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT  FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SHOWETH:- 1. That The marriage between the parties was solemnized on ______at _______, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ______________. The particulars showing the details of the parties to the present petition is given hereunder:- HUSBAND BEFORE MARRIAGE.Age Address Status  AFTER MARRIAGEAge Address Status WIFE BEFORE MARRIAGEAge Address Status AFTER MARRIAGEAge Address Status2. That there is one boy name____ Date of Birth ____ age____ out of the wedlock of the parties. The parties mutually agreed to give custody of the child to Husband / Wife.3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.5. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.7. That the party has decided to withdraw all the complaints, counter complaints against each other.8. That the present petition is not being filed in collusion.9. That there are no other divorce proceedings pending before any other court.10. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent. PRAYER It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners. Petitioner No.1                                                           Petitioner No.2 Note Mutual consent Divorce Petition draft should be annexed with the following documents: 1. Affidavit of both the parties. 2. Joint photographs of parties at the time of marriage 3. Proof of residence of both the parties 4. Proof of identity of both the parties  SUGGESTED FORMAT OF THE MUTUAL DIVORCE PETITION DRAFT BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT  (NAME OF THE PLACE)HMA PETITION No._______ OFIN THE MATTER OF:(Name and address of the Husband) Petitioner No.1(AND)(Name and address of the wife) Petitioner No.2 PETITION UNDER SECTION 13 (1) (I-B) OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SUBMITTED AS UNDER: 1. The marriage between the parties was solemnized on ———at ————-, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties lived as husband and wife at the matrimonial home i.e. ————————-. The particulars showing the details of the parties to the present petition is given here under: HUSBAND BEFORE MARRIAGE Age Address Status HUSBAND AFTER MARRIAGE Age Address Status WIFE BEFORE MARRIAGE Age Address Status AFTER MARRIAGE Age Address Status 2. That there is no child born out of the wedlock of the parties. (or describe the name age and date of birth of the children and also describe the agreement about the custody of the children between the couple specifically in the Mutual Divorce Petition Draft). 3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties to live as husband and wife anymore. 4. That all the efforts of reconciliation between the parties to continue the present marriage have failed and there are no further chances of reconciliation between the parties anymore. 5. That the parties are residing separately since ______________ and there is no cohabitation between the parties since then. (Seek specific legal advice on the issue as it varies for Hindus and Christians then mention it in Mutual Divorce Petition Draft) 6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counterclaims, etc. and the respondent-wife has received her entire Stridhan, Permanent alimony, maintenance, etc. and there is no due with regard to any other claim between the parties now. ( Seek online legal service for the drafting of the mutual divorce agreement which regulates the entire terms and conditions of mutual divorce) 7. That the party has decided to withdraw all the complaints, counter complaints against each other. 8. That the present petition is not being filed in collusion. 9. That there are no other divorce proceedings pending before any other court. 10. That the matrimonial home of the parties was at ————————–hence this court has the jurisdiction to grant the decree of divorce as prayed for. 11. That there are no legal impediments in the grant of the decree of divorce to the parties on the basis of mutual consent. 12. That the terms and conditions between the parties are contained in the MOU signed and executed between the parties which are being attached as a part of the present petition and the parties undertake to comply with the same. P R A Y E R It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties. Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favor of the petitioners. Petitioner No.1                                                              Petitioner No.2

  • Suit for Damages Format

    Suit for Damages Format In the court of Hon’ble Civil Judge, ______                                                            Civil Suit No. ___ of ____ ...............................  S/o …………………………….. Resi……………………………… ………………………………………PLAINTIFF                        Versus 1- _________________ 2- _________________ ……………………………………………………..           DEFENDANTS SUIT FOR DAMAGES/COMPENSATION OF RS. _____/- Sir, The plaintiff most respectfully submits as under: – 1- That the plaintiff is a resident of above said _____, District ______. The plaintiff is a poor person and he was looking after his family members by way of running a small ____ at ____ District ____. 2- That on ____ the ____ of the complainant namely ____ took ____ of the plaintiff in the fields of the plaintiff for ____ purpose. At about ____ when the said ____ reached on the field of the plaintiff just near electricity pole and touch the pole. There was live current in the said pole and due to touching of the pole and the ____ was electrocuted and consequently died on the spot. The plaintiff intimated the defendants regarding the death of the ____ and the same time. On the statement of the plaintiff the ____ dated ____ was registered in the Police Station ____. The photocopy of the ____ is Annexure ____. The photocopy of the receipt dated ____ is Annexure ____.3- That the officials of the P.S. ____ visited the spot and they recorded the statement of the plaintiff and prepared the report. On ____ at about ____ the deceased ____ was medically examined at ____ Hospital ____ where the Post Mortem Report No. dated ___ was prepared by the concerned Medical Officer of the Hospital. The Doctor clearly mentioned in the PMR that the above said ____ has died to due to electrocutions. The said ____ was ____. The photocopy of the Post Mortem Report is Annexure __. 4- That the plaintiff moved a complaint dated to __ requesting him to the pay the compensation amount to the plaintiff. But the defendants did not make the payment of the compensation to the plaintiff. The photocopy of the application is Annexure and photos of the deceased _ are Annexure to Annexure . 5- That due to the negligence and deficient services of the defendants the above said accident took place and if the defendants had took care of the electricity Line through their officials then the said accident might have not taken place. So the plaintiff is entitled to receive the amount of Rs. ____/-. The plaintiff is also entitled to receive the total amount of Rs. ____/- as business loss due to closure of ____ and the amount of Rs. ___/- as litigation expenses. Thus the plaintiff is entitled to receive the total damages of Rs.___/- from the respondents jointly and severally alongwith interest @ % per annum since the date of death of the said __ till actual realization of the amount in full. 6- That cause of action to file the present suit firstly arose on ___ when the incident took place. The cause of action further arose on ___ when the plaintiff moved an application before the defendant No.1 and requested him to make the payment of the compensation to the plaintiff. The cause of action finally arose on ___ when the defendants refused to pay any compensation to the plaintiff. Hence this suit. 7- That the no similar suit has been previously filed, pending or decided by any court of law on the same subject matter between the same parties. 8- That the parties reside at ___ and the cause of action also arose at ____ to file the present suit within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit. 9- That the exact amount of damages is yet to be assessed by this Hon’ble court therefore, the amount of court fee may not be assessed at this stage, hence, only the tentative court fee of Rs. __/- has been paid on the plaint. The plaintiff undertakes that the proper stamp duty according to the amount of damages awarded by this Hon’ble court shall be paid by the plaintiff as and when this Hon’ble court would direct for the same.                             PRAYER: It is, therefore, prayed that a decree for damages of Rs.____/- may kindly be passed, on the grounds mentioned above, in favour of the plaintiff and against the defendant alongwith interest @ __% per annum. The costs of the suit may kindly be granted in favour of the plaintiff and against the defendant. It is prayed accordingly.Or any other relief which this hon’ble court deems fit and proper be granted to the plaintiff. PLAINTIFF Through counsel: ____, Advocate, ____ VERIFICATION: Verified that the contents of Paras No.1 to 7 of the plaint are true and correct to best of my knowledge and Paras No. 8 & 9 of the plaint are true to best of my knowledge and belief and information received by me.Verified at ____  on _____. PLAINTIFF Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Memorandum of Appeal Preferred under sub-section 1 and 2 of Section 111 of The Electricity Act, 2003

    FORM - I { See Rule 20 }  Memorandum of Appeal Preferred under sub-section 1 and 2 of Section 111 of The Electricity Act, 2003  IN THE APPELLATE TRIBUNAL FOR ELECTRICITY AT  APPELLATE JURISDICTION APPEAL NO. _____OF 200  CAUSE TITLE  Between  A.B. ………..Appellant (s)  And C.D. ………..Respondent(s)  [ including appropriate commission/adjudicating officer ]  ( with short address )  1. Details of Appeal  [ appeal under section ………of the Electricity Act, 2003 against impugned order of the (adjudicating officer/appropriate commission )  dated ……..passed under section ………………of the Electricity Act, 2003.  2. Date on which the order appealed against is communicated and proof thereof, if any.  3. The address of the appellant for service is as set out hereunder: i) Postal address including PIN code ii) Phone number including mobile number. iii) E-mail iv) Fax No. v) Address of Counsel with Phone No., Fax No., e-mail4. The address of the respondents for service of all notices in the appeal are as set out hereunder : i) Postal address including PIN code ii) Phone number iii) E-mail iv) Fax Number v) Mobile Number vi) Address of Counsel with Phone number, Fax number, e-mail and mobile number.  5. Jurisdiction of the Appellate Tribunal The appellant declares that the subject matter of the appeal is within the jurisdiction of this Tribunal.  6. Limitation The Appellant/s declare that the appeal is within the period specified in sub-section (2) of section 111 of the Act. ( Explain how the appeal is within the period prescribed in case the appeal is preferred after the expiry of 45 days from the date of order/direction/decision against which this appeal is preferred ). In case the appeal barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay.  7. Facts of the case The facts of the case are given below : (give here a concise statement of facts in a chronological order followed by elaboration of issues including the question of law arising in the appeal. Each paragraph should deal with, as far as possible a separate issue. )  8. Formulate (i) the facts in issue or specify the dispute between the parties and (ii) summarize the questions of law that arise for consideration in the appeal : (a) Facts in issue (b) Question of law 9. Grounds raised with legal provisions  10. Matters not previously filed or pending with any other court The appellant further declares that the appellant had not previously filed any writ petition or suit regarding the matter in respect of which this appeal is preferred before any court or any other authority nor any such writ petition or suit is pending before any of them. [ In case the appellant previously had filed any such writ petition or suit, the stage at which it is pending and, if decided, the outcome of the same should be specified and a copy of the order should also be annexed ].  11. Specify below explaining the grounds for such relief (s) and the legal provisions, if any, relied upon.  12. Details of Interim Application, if any, preferred along with appeal.  13. Details of appeal/s, if any preferred before this Appellate Tribunal against the same impugned order/direction, by Respondents with numbers, dates… and interim order, if any passed in that appeal (if known).  14. Details of Index [ An index containing the details of the documents in chronological order relied upon is enclosed ].  15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer, Ministry of Power, New Delhi. In respect of the fee for appeal. Name of the Bank _____________________Branch________ payable at Delhi. DD No. _________________Date.  16. List of enclosures : 1. 2. 3. 4.  17. Whether the order appealed as communicated in original is filed ? If not, explain the reason for not filing the same.  18. Whether the appellant/s is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents. 19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of Prescribed process fee.  20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out :  21. Reliefs Sought In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s) : a) b) c)  Dated at ____________________this ________day of __________200 . Counsel for Appellant(s) Appellant (s)  DECLARATION BY APPELLANT The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true translation thereof. Verified at ________________on this at ____________day of ___________200 . Counsel for Appellant (s)  APPELLANT(S)  Verification  I _____________________(Name of the appellant ) S/o. W/o. D/o. [ indicate any one, as the case may be ] ___________age_______________ working as _______________in the office of _______________resident of _____________do hereby verify that the contents of the paras_________ to ________________are true to my personal knowledge/derived from official record) and para _______________to ___________are believed to be true on legal advice and that I have not suppressed any material facts. Date : Place : Signature of the appellant or authorized officer Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • Format of Affidavit With The Application For The Issue Of Duplicate Export Licence

    Format of Affidavit With The Application For The Issue Of Duplicate Export Licence Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-) .   Before the Deputy Chief Controller of Exports, Department of Supply, Ministry of Food, ………………………In the matter of issue of duplicate licence to M/s. ………………………………..………………………. Affidavit of Mr…… …………………… …….years, son of S/o …………………………………….. resi ………………………………………….. do hereby solemnly affirm and state as follows: 1 .That I am the proprietor of M/s. ……………………………………….. doing the business of export and import of various items at ……………………….. 2. That M/s……………………. …………………… was issued license bearing No……………………. dated …………………….. for the export of …………………….. tons of ………………………………. 3. That the said licence has been lost, for which 1 lodged F.I.R. with Police Station, ……. ……………..vide F.I.R. No. ………………………… dated ………….……………, a copy whereof is attached. 4. That the said licence has been lost without it being fully utilised and the ………………. so far exported on the said licence is to the extent of …………………….……. tons. 5. In the view of the above, it is requested that the duplicate copy of the saidlicence may be issued. If the original licence be found any time, the same shall be returned to the issuing authority for cancellation, with being utilised. I, A, the abovenamed deponent do hereby declare and verify that the contents of paras 1 to 4 foregoing are true to my knowledge and contents of paragraph 5 are submission to this Hon’ble Dy. Chief controller of exports, nothing material has been concealed and no part of it is false. Verified at ………………….. on this …….. day of …………….. . Deponent Date …………

  • Balo Mahto And Ors. vs State Of Bihar (Now Jharkhand) on 26 April, 2006

    Jharkhand High Court Balo Mahto And Ors. vs State Of Bihar (Now Jharkhand) on 26 April, 2006 Equivalent citations: 2007 CriLJ 659 Bench: N Dhinakar, R Prasad Download Word Document In English. (Rs.65/-) Download PDF Document In Marathi. (Rs.65/-) JUDGMENT 1. Balo Mahato, Daso Mahato and Khari Mahtwain, who are the appellants in the above appeal, were arrayed as A3, A1 and A2, in that order, before, the Addl. Sessions Judge II, Deoghar. They were charged and tried under Sections 304-B and 201,  I.P.C  with the aid of  Section 34 ,  I.P.C . The allegation against the appellants, who, in the judgment, will be referred as A1 to A3 in the same order as they were arrayed before the Sessions Judge, is that they, in furtherance of the common intention of each other and sharing the common intention of Chandrika Devi and Biranchi Mahton, who were arrayed as A4 and A5, subjected Murli Devi to cruelty, as a result of which she died otherwise than under normal circumstances and later threw the dead body at a crematorium ground in order to screen the offence. Learned Trial Judge, while acquitting Chandrika Devi and Biranchi Mahto of the charges, found the appellants guilty and sentenced each of them to imprisonment for life under  section 304-B  read with  section 34 ,  I.P.C  and also sentenced them to suffer rigorous imprisonment for a period of two years under  Section 201  read with  Section 34 ,  I.P.C  with a direction that the sentences of imprisonment will run concurrently. The present appeal is against the aforesaid conviction and sentence. 2. Murli Devi is the daughter of P.W. 9, Anup Mahto. She was given in marriage to A3 Balo Mahto about five years before the date of occurrence. Daso Mahto and Khari Mah twain are the parents of A3. After the marriage, the deceased Murli Devi was living with her husband and in-laws in village Jara and a daughter was born. On the date of incident, according to the prosecution, the child was 10 to 11 days old. The further case of the prosecution is that while the deceased was living with her husband and in-laws, she was not properly treated as she was not provided with clothes and other essential requirements. The further allegation is that A1 to A3 were asking the deceased to bring Cycle and Ox as dowry from her parents and when she did not bring those materials, she was badly beaten by the accused. On 18-5-1988, Mahru Mahto, P.W. 6, brother of P.W. 9 Anup Mahto, was proceeding to village - Bhari. On way to village - Bhari, he visited the house of Murli Devi, the deceased in the case. Murli Devi informed P.W. 6 that she is being ill-treated by her husband and in-laws for not bringing the articles required by him and his parents. She requested P.W. 6 to ask her father to meet her. On 19-5-1988, P.W. 9 Anup Mahto, on getting information about the ill-treatment of the deceased by her in-law, went to the house of the deceased and questioned Balo Mahto A3 and Daso Mahto A1 as to the whereabouts of his daughter Murli Devi as she was not in the house. Thereupon, it is further case of the prosecution, that both of them told P.W. 9 that she has left the house on the previous evening and could not be traced. A Panchayati was convened and at the Panchayat, it was decided that the accused should produce her within ten days and that if the girl is not produced, P.W. 9 can take any legal steps against the accused. P.W. 9 started searching for his daughter but could not succeed in tracing her. On 24-5-1988, he received an information that an unclaimed body is found at a Burning Ghat. He went there along with the villagers where he found the dead body and he identified the dead body to be the body of his daughter from the Tato mark and from the other articles lying near it. He went to the police station and gave fardbeyan, Ext. 2, on 25-5-1988, on the basis of which a crime was registered and investigation was taken up by P.W. 11 Shiv Kumar Ratan. Inquest was conducted and later the dead body was sent to the hospital for post mortem. 3. On receipt of the requisition, P.W. 10 Dr. Kameshwar Prasad conducted autopsy on the dead body of Murli Devi and found the following injuries: (1) Abrasion on the back of right elbow 2" × 1" (2) Bruise on the front and middle of left side of chest 3" × 1" (3) Bruise on the back of left forearm 21/2 × 1" (4) Bruise on the front of neck horizontal about middle 3" × 1/2". On internal examination, the Doctor found fracture of seventh rib and on opening skull and neck, the Doctor noticed bruise with white margins. The dead body was found congested. He did not notice any fracture of thyroid or hyoid bone. Trachea was found to be soft and decomposed. The Doctor issued Ext. 1, the post mortem certificate, with his opinion that death is on account of asphyxia due to throttling. 4. After the completion of investigation, final report was filed against the appellants as well as other two accused, who denied all the incriminating circumstances, when questioned under  Section 313 ,  Cr.P.C . On their side, D.W. 1 to D.W. 5 were examined. D.W. 5 Kali Charan Tiwary, Mukhiya of the village, was examined to prove Ext. C a complaint dated 15-5-1988 given to him by A1 Daso Mahto. D.W. 3 Amin Mahto was examined to prove that after the complaint, Ext. C was forwarded to him by D.W. 5 Kali Charan Tiwary, he made enquiry and submitted his report, Ext. C/1, dated 17-5-1988. D.W. 1 Nageshwar Choudhary was examined to prove that the deceased Murli Devi left the house on the night of 14-5-1988 and also to prove Ext. B, a letter of the Officer-in-charge of Police Station calling for Exts. C, the complaint, and C/1, report of Sarpanch D.W. 3, as they were not found in the police station. 5. Learned Counsel appearing for the accused-appellants contends that in view of the Ext. C, which is in tune with Ext. D, which was a private complaint filed by P.W. 9 before the Chief Judicial Magistrate, Deoghar, the case of the defence that Murli Devi left the house without informing any one even on 14-5-1988 is true and the trial Court, without considering the real import of Ext. D, misdirected itself on a question of fact by not adverting to the version found in the private complaint, Ext. D, but by going by a petition filed later to amend the date of occurrence from 14-5-1988 and 18-5-1988, vide Ext. 5. On the above contention, we have heard Mr.M.B. Lal, learned Counsel appearing for the State. 6. Murli Devi died on account of homicidal violence. P.W. 10, the Doctor, conducted autopsy on the dead body and found the injuries which he noted in the post mortem certificate, Ext. 1. He in his evidence in Court stated that death is on account of asphyxia due to throttling. P.W. 9 Anup Mahto.gave evidence and stated that the dead body which was found is the body of his daughter Murli Devi. A faint attempt has been made at this stage before this Court that the dead body that was found by P.W. 9 is not the body of the daughter of P.W. 9, we are unable to accept the said submission since the evidence of P.W. 9 about the identity of the deceased was not challenged when the witnesses were in the box before the trial Court. In fact, P.W. 9 stated in his evidence that he was able to identify the dead body as that of the body of his daughter on the basis of not only the materials which were lying around the dead body but also on account of finding Tato marks on the right forearm. We, therefore, hold that Murli Devi died and died on account of homicidal violence. 7. The case of the prosecution is that after the deceasled was given in marriage to A3 Balo Mahto, she was not treated properly either by her husband or by his parents, Daso Mahto and Khari Mahatwain, A1 and A2, and that they were ill-treating her, when she did not bring cycle, cow or ox from her parents. P.W. 6 Mahru Mahto, brother of P.W. 9, in his evidence, stated that he went to the village of Murli Devi on 18-5-1988 and that the deceased complained to him about the ill-treatment being meted out to her by her husband and her in-laws. He further deposed that she wanted to meet her father and therefore requested P.W. 6 to send him to meet her. It is the evidence of P.W. 9 that on being informed by his brother that the deceased wanted to meet him, he went to the village, where his daughter was residing, on 19-5-1988 and finding his daughter missing, questioned Al Daso Mahto and A3 Khari Mahatwain. According to him, both of them have informed him that the deceased left the house on the previous day, namely on 18-5-1988, without informing any one. According to P.W. 9, a Panchayati was convened and it was decided at the Panchayat that the accused should produce the deceased within ten days, failing which P.W. 9 can take all legal steps against the accused. Further evidence of P.W. 9 is that when he was searching for his daughter, on 24-5-1988 on getting information that an unclaimed dead body is found at a Burning Ghat, went there and finding the body identified it to be the body of his daughter. According to him, he gave Ext. 2, fardbeyan, at the police station on 25-5-1988. 8. Now we have to consider whether the evidence of P.Ws . 6 and 9 that the deceased was seen In the house of her in-laws on IBS'1988 is true and whether on 19-5-1988 she was found missing and the complaint, Ext. 2, was given at the police station for the first time by P.W. 9 on 25-5-1988. We may even at the outset say that neither P.W. 6, nor P.W. 9 came out with true version before this Court. The accused on their side examined D.W. 5 Kali Charan Tiwary, the village Mukhiya. According to him, on 15-5-1988, A1 Daso Mahto gave a complaint to him. The said complaint was marked as Ext. C by D.W.5. We have perused the said complaint. In the said complaint, A1 Daso Mahto stated that one Chaitu Mahto of village Durjani within the jurisdiction of police station Sarwan used to visit his house and that he did not like his manner of talking and behaviour with his daughter-in-law. It is further alleged in the said complaint that the behaviour of the said Chaitu Mahto was found to be objectionable and wrong and therefore, he asked him not to visit his house and also asked his brothers, Jattan Mahto and Puran Mahto, not to visit his house. He has further stated that Puran Mahto is the son of P.W. 9 Anup Mahto and the daughter of Punam Mahto was given in marriage to the son of Anup Mahto. He has further alleged that since he has asked Chaitu Mahto not to visit his house, the above persons namely Chaitu Mahto, Jattan Mahto and Puran Mahto enticed his daughter-in-law Murli Devi on the night of 14-5-1988, which fact is known to the villagers. According to D.W. 5 Kali Charan Tiwary, after the complaint, Ext. C, was given to him, he forwarded the same to his Sarpanch, Amin Mahto, who was examined as D.W. 3. D.W. 3 in his evidence stated that on receiving the complaint, Ext. 3, from D.W. 5, he made enquiries but could not find the whereabouts of Murli Devi and therefore, he filed his report dated 17-5-1988 before D.W. 5. The defence by examining D.W. 5 and D.W. 3 and by marking Exts. C and C/1 wanted to establish before the trial Court that the deceased Murli Devi left the house of her in-laws on the night of 14-5-1988 and that she must have been enticed by the persons mentioned in the complaint, Ext. C. The defence, therefore, wanted to show that the case of the prosecution that the deceased was found by P.W. 6 in her in-laws' house on 18-5-1988 cannot be true and that the case of the prosecution that P.W. 9 went to the village to see his daughter on 19-5-1988 cannot also be true. We will now consider the evidence of D.W. 5 Kali Charan Tiwary and D.W. 3 Amin Mahto and the two documents Exts.C and C/1, whicVi were marked through them, to find out whether the said complaint, Ext.C, was actually given by A1 Daso Mahto on 15-5-1988. At this juncture, we have to refer Ext. D, a private complaint filed by P.W. 9 before the Chief Judicial Magistrate, Deoghar, on 23-5-1988. Ext. D was filed by P.W. 9 before the Chief Judicial Magistrate, Deoghar, on 23-5-1988 wherein he has made an allegation that on 15-5-1988, he along with Chetlal Mahto went to see his daughter and that he was informed that his daughter fled away from the house after quarrelling with her in-laws. The allegation in Ext. D, which is a private complaint filed before the Chief Judicial Magistrate, therefore, is that the deceased was found missing on 15-5-1988, when he went to her in-laws' house. The allegation in the complaint is, therefore, to the effect that the occurrence took place in the night of 14-5-1988 and that on 15-5-1988, when the complainant (P.W.9) went to meet his daughter, she was found missing. A letter, Ext. 5, was filed on 16-6-1988 with a prayer to amend the date of occurrence from 14-5 1988 to 18-5-1988 it is to be remembered that the fardbeyan is dated 25-5-1988 and Ext.5, filed on 16-6-1988, to amend the date of occurrence in the private complaint was nearly after twenty days after Ext. 2 was given at the police station. In the fardbeyan, Ext. 2, P.W. 9 did not even mention that he had given a private complaint before the Chief Judicial Magistrate on 23-5-1988 mentioning the date of occurrence as 14-5-1988. On the contrary, he had given Ext. 2, the fardbeyan, with the allegation that Murli Devi is found missing from the house of her in-laws from the date of 18-5-1988, suppressing his earlier complaint dated 23-5-1988, Ext. D, given before the Chief Judicial Magistrate, Deoghar. Ext. D, the private complaint filed before the Chief Judicial Magistrate, Deoghar, is actually in tune with the defence version that the deceased was found missing from the night of 14-5-1988. We, therefore, find it difficult to digest the evidence of P.Ws . 6 and 9 that on 18-5-1988, the deceased was seen in her in-laws' house by P.W. 6 and that she made a complaint about the ill-treatment meted out to her by her in-laws and later on 19-5-1988, P.W. 9 went to the village to be informed by Al and A3 that the deceased has left the house without informing any one on the previous night, namely, on 18-5-1988. The Trial Judge did not consider the allegations made in the complaint since if any one looks at the allegations, made particularly in paras 2 and 3, it could be seen that allegation is that the deceased is found missing from the night of 14-5-1988. In the background of Ext. D, the petition filed by P.W. 9 to amend the date of occurrence from 14-5-1988 to 18-5-1988 can only be considered as an afterthought, and was filed with a view to make it appear that the deceased was actually found missing only from 18-5-1988 and not from 14-5-1988, more so when he totally suppressed the fact of giving his private complaint to the Chief Judicial Magistrate, when he gave fardbeyan, Ext. 2. We are, therefore, of the view that Ext. C given by Al on 15-5-1988 is a true document, wherein he has made an allegation that the deceased has left the house on the night of 14-5-1988. The said document is supported by the allegations found in the private complaint, Ext. D. It is worthwhile to remember at this stage that the document, Ext. B, a letter written by the Officer-in-charge informing that the documents Exts. C and C/1 are found missing from the file at the police station and wanted those document to be produced shows that Ext. C and Ext. C/1 were not prepared for the purpose of the case. 9. In view of the discussions made above, we are unable to accept the prosecution case that P.W. 6 met the deceased on 18-5-1988 and later P.W. 9, came to know about the ill-treatment of his daughter and went to meet his daughter on 19-5-1988 to find her missing. We do not attach any importance to the evidence of P.Ws . 6 and 9. There is no other evidence which will show the complicity of the accused appellants in the crime. The appeal is allowed. The conviction and sentence imposed upon the appellants are set aside. It is reported that the appellants are on bail. They are discharged from their bail bonds.

  • Second Bail Application

    Second Bail Application  IN THE COURT OF _____  _____ son of _____ resident of _____          …..APPLICANT/PETIONER    VERSUS_____   …..Respondent          FIR NO. Dated ___        U/s _____IPC      Police Station _____ SECOND APPLICATION BAIL UNDER _____ CR.P.C. MOST RESPECTFULLY SHOWETH:1- That the above noted case is pending before this Hon’ble court and is fixed for _____.2- That the applicant/accused has been falsely implicated by the police of _____ in the above noted case3- That the applicant/accused is in judicial custody at _____ since _____ to till date.4- That the first bail application was withdrawn from the Hon’ble court of _____ on _____5- That no specific allegation has been alleged against the applicant /petitioner in the said FIR.6- That the police do not require the custody of the applicant /petitioner for any purpose and the trial shall take a long time in concluding and no purpose would be served by detaining the petitioner in judicial lock up.7- That the applicant/accused is the only earner member in his family.8- That the applicant/accused is the respectable person of the society so there is no chance of his absconding.9- That the applicant/accused will attend this Hon’ble court on each and every dates of hearing.10- That the trial of the case will take a long time and no useful purpose can be served by detaining the applicant/accused in the jail11- That the applicant/petitioner will not misuse the concession of the bail in any manner whatsoever and shall abide by the conditions as imposed by this Hon’ble court. PRAYER :It is, therefore, prayed that the petitioner may kindly be released admitted to bail Dated ___________      Applicant/Accused, _____ S/o _____ R/o _____ THROUGH COUNSEL _____, Advocate, _____ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

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