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  • Appeal against a decree FORMATE

    Appeal against a decree   Format of an appeal against a decree   Important points to remember- Appeal can be made against a decree or an order. Appeal against a decree: Provision for first appeal is provided in Sections 96-99 of CPC.  Provision for second appeal is given in Section 100-103 of CPC.Appeal against an order: Section 104.Procedure for appeal is laid down in Order 41 : Memorandum of Appeal - First appeal against decree or order passed by lower courts such as CJ-Class I or II, Court of Munsif, which are subordinate to District Court, is filed in the District Court. First appeal against a decree passed by District Court is filed in the High Court. In the Court of District Judge, ---------- Civil Appeal No. ... / 2009 Under Section 96 of CPC, 1908. A. B. s/o B. C..........................................  Plaintiff/Appellant Vs. M. N. s/o O. P..........................................  Defendant/Respondent Memorandum of Appeal Sir, The a for mentioned plaintiff-appellant appeals against the Judgement and decree of the Court of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between A. B s/o B. C vs M.N s/o O. P., dated 10/10/2014, and sets forth the following grounds of objection to the decree appealed from :-     Value of the suit:    Value of appeal:    Court Fee Paid: (1) That the orders passed by the Learned Lower Court are contrary to the provisions of law and the principles of natural justice. (2) That the findings arrived by the Learned Lower Court are not supported by the evidence on record. (3) That the Learned Lower Court committed an error in holding that the house premises are not required by the plaintiff/appellant for his personal bonafide occupation. (4) That the copy of the Judgment and the Decree against which this appeal has been preferred is attached along with. (5) That the Learned Lower Court has having answered the first issue in the negative decided the rest of the issues against the appellant, which itself is improper and illegal. (6) That the necessary court fee is paid herewith. Prayer:(7) That the appellant, therefore, prays that for the reasons stated above and as may be argued at the time of hearing, the record and proceedings be called for, this appeal be allowed, the orders under appeal be set aside and quashed, and orders deemed just and proper be kindly passed. Further that the cost of this petition be awarded in favor of plaintiff-appellant. Place: ………………….                                                                            (Signature of the Plaintiff-Appellant) Date: …………………..                                                                                                                                                                                                         Advocate for Plaintiff-Appellant Verification   I, ______, do hereby verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014. (Signature)  Plaintiff-Appellant Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Deed of Guarantee for the Performance of a Contract

    Deed of Guarantee for the Performance of a Contract  THIS DEED OF GUARANTEE  made this …..….…………. day of …..….…………. between Shri …..….…………., son of Shri…………..….…………. resident of…………..….……………………..….………….. (hereinafter called “the Guarantor”), which expression shall, unless repugnant to the context, include his heirs, legal representatives, assigns etc of the one part and Shri ........................................., son of .........................................  resident of .. .......................................  (hereinafter called “the Principal), which expression shall, unless repugnant to the context, include his heirs, legal representatives, assigns etc., of the other part.  WHEREAS BY AN AGREEMENT DATED…………..….…………. made between Shri…..….…………. son ofShri…..….………….  resident of……………..….………….. etc.,  therein referred to as “the Contractor”, of the one part and the said..….…………. Shri………..….…………. herein referred to as “the Principal”, of the other part, it was inter alia agreed by and between the parties as follows: (Here state the nature of the work to be done by the Contractor);  AND WHEREAS the said work was entrusted to the Contractor upon the Guarantor having agreed with the Principal as to its guarantee of performance by the Contractor and to indemnify and keep indemnified the Principal against all losses, damages, costs, charges and expenses arising out of performance or nonperformance thereof.  Now it is agreed and declared by and between the parties as follows:  1. The Guarantor will see that the Contractor (unless relieved from the performance by operation of any clause of the contract or by statute or by virtue of the decision of any tribunal or court of competent jurisdiction, shall carry out, execute and perform the contract without any exception or reservation and in case he commits any breach thereof, the Guarantor will indemnify and keep indemnified the Principal and his estate against all losses, damages, costs, expenses or otherwise which he may suffer or otherwise incur by reason of any act, negligence, default or error in judgement on the part of the Contractor in performing or non-performing the contract.  2. In case of any dispute or difference as regards the quantum of such losses, damages, costs, charges or expenses, the same shall be decided by reference to arbitration of one architect or engineer if the parties so agree or otherwise to two architects or engineers, one to be appointed by each, whose decision shall be final and binding on all parties.  IN WITNESS WHEREOF, the parties hereto have hereunto set and subscribed their respective hands and seals the day, month and the year first above-written. Signed, sealed and delivered in the presence of 1. Guarantor 2. Principal Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Suit for Possession of Property Trespassed by Defendant, format.

    Suit for Possession of Property Trespassed by Defendant, format. Suit to get Possession of Trespassed Property can be filed before the Civil Judge or District Judge who has Pecuniary Jurisdiction to deal with the matter. Format of Suit for Possession of property trespassed by defendant. This Suit can be filed to get possession of property illegally possessed or trespassed by the Defendant who is in unauthorized possession of the Property. Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) Suit for Possession of Property Trespassed upon by the Defendant is the remedy available when someone illegally trespassed the property and is in possession or using it illegally. As per the ratio laid down by the Supreme Court in judgment is that a person who asserts possessor title over a particular property, will have to show he is under settled or established possession of the said property. The Court will check that whether the Plaintiff Ram had better title over the suit property and whether he was in settled possession of the property, which required dispossession as per law. Format of Suit for Possession on trespassed Property is given below:     BEFORE THE DISTRICT JUDGE AT _________ CIVIL SUIT NO. __________ OF 20__ IN THE MATTER OF: Mr. BBB_________                                                             PLAINTIFF VERSUS Mr. DDD__________                                                           DEFENDANT   SUIT FOR POSSESSION OF PROPERTY UNDER SECTION 6 OF SPECIFIC RELIEF ACT MOST RESPECTFULLY SHOWETH: 1. That the Defendant as owner of House No. ________ admeasuring ______situated at ________ on _____ let out the same to the Plaintiff at a monthly rent of Rs. ______ for a period of 24 months commencing from ______ and put the Plaintiff in actual Physical possession of the said property. 2. That the Lease agreement was registered with sub registrar ______on ______ Copy of the Lease Agreement dated ____ is annexed herewith and attached as  Annexure P1. 3. That on _____ the Defendant entered upon the tenanted premises in the absence of the Plaintiff, broke open the lock without the consent of Plaintiff and without any authority.   4. That immediately on coming to know of the said act of trespass and unlawful and forcible dispossession committed by the Defendant, the Plaintiff reported the matter to the Police and also called upon the Defendant to vacate the said property and hand over possession thereof to the Plaintiff. 5. That the Defendant has neglected and failed to vacate the said property and handed over possession thereof to the Plaintiff, despite repeated protests by the Plaintiff . 6. That on ______ the Plaintiff sent a legal notice to the Defendant, by registered post, calling upon him to vacate the said property and hand over possession thereof to the Plaintiff, but in vain. As such, the Defendant continues to occupy the house in an unauthorized and illegal manner.     7. That the House is situated in ____________ and the lease agreement was executed within the Jurisdiction of this Hon'ble Court. The Defendant resides in the jurisdiction of this Hon'ble Court. As such this Hon'ble Court has Jurisdiction to entertain, try and decide the Suit. 8. That the cause of action firstly arose on ________ then it arose on _____ and ultimately it has arisen on _______. Therefore, this Suit has been filed within a period of six months from the date of dispossession. 9. That the valuation of the suit for the purposes of Court-Fees and jurisdiction is ______ for the relief of ___________and accordingly, Court fee of Rs. __________ has been affixed. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:  P R A Y E R That the Plaintiff, therefore, prays: a) that the Suit be decreed in favour of the Plaintiff and against the Defendant , and accordingly the Defendant be ordered to forthwith remove himself and his belongings from the House No______ and deliver to the Plaintiff quiet and vacant possession of the Suit Premises. b) that Plaintiff be allowed cost of the suit; and c) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice. PLAINTIFF THROUGH ______________., Advocate Place : Date : VERIFICATION I, ____________, the above named Plaintiff do solemnly declare that whatever has been stated in Para 1 to of the Plaint are true to the knowledge of the Plaintiff where Para No _ to Para No___ are true on the basis of information received by him and believed to be true by him.   Verified at ____ on this ______ day of _____ 20__ PLAINTIFF Plaint for a Suit for Possession In the Court of………………. Suit No. ……20… …………………….. …  Plaintiff Versus  …………………… … Defendant The above named plaintiff begs to submit as under : 1. That previously ……….. of which total area as ………….  and  ……. was in …… of two persons …………………. and ……..………….. out of which Shri ………………was the ……… land and remaining ……… and …….. was under the ……. of …………. and the entire …………… was under the …………… of …………………. 2. That after the death of ………… land was inherited by his three sons Shri ……………, and Shri ………………who are the predecessor-in-interest of the plaintiff. 3. That this ……..…….. land which is disputed in the plaint and shall be called the property in suit in further paras of the plaint. 4. That this …….. land which later on came in ………. was also entered in ……….and because the entire area was abadi area therefore it was entered with the name of ………………….. but in  ……… the name of the predecessor-in-interest over the property in suit was entered with the name of …………………….. and others. 5. That after some time the all three sons of Shri ….……………….. viz. Sri …..……….., Sri……………….and Sri………………..had executed power of attorney is favour of one person Shri…………………………….. son of Shri…………………………. Resident of ………………………..who on ……….exacted three separate registered sale-deeds in favour of the plaintiff and since then till the date of cause of action the plaintiff remained in possession of the property in suit. 6. That after getting executed the sale deed regarding the property in suit the plaintiff has started to raise boundary wall and some. 7. That the defendants who have no right, title or interest of any kind over the property in suit but who are very risk persons having a Giroh of unsocial elements persons of the locality have compelled the plaintiff to sell the entire property in suit to them but the plaintiff has refused with the remark that as the plaintiff is a Housing Society and not a business concerned therefore the question of selling the property in suit to the defendants does not arise, and hearing this version of the plaintiff the defendant started to ill felling towards the plaintiff. 8. That on ……………the defendants again reached to the Secretary of the plaintiff and tell his to vacate the property in suit because they (defendants) are the owners of the property in suit by virtue of some collusive partition suit but against the plaintiff had boldly denied them the defendants have threatened the plaintiff for forcible dispossession and also fore dire consequences. 9. That on ………….the defendants alongwith 50 or 60 persons mostly of them were the ……. have reached over the property in suit forcibly demolished the boundary wall and dispossessed the plaintiff from the property in suit. 10. That the defendants have no right, title or interest over the property in suit and they have also no right to dispossess the plaintiff from the property in suit otherwise then indue course of law. 11. That when the plaintiff who is a law abiding persons remained failed to protest physically the dispossession moved a application under Section 145  Cr. P.C. in which looking the serious of the law and order, the learned Addl. City Magistrate has immediately ordered the police agencies to maintain status quo which was delivered to the concerning police also but the Police  Officer of the concerning Police Station are under the influence of the defendants have not paid any attention and did not turn up even to look after the position on the spot and has not taken any action against the defendant and the result was that the defendants have now started to raise the illegally constructions over the property in suit. 12. That the plaintiff is a Housing Society having strict in law of following law and order has no other remedy except to file the present suit for possession which injunction against the defendants to raise further construction hence this suit. 13. That if the illegal constructions of the defendants are not checked by way of injunction the defendant shall make construction over the property in suit the plaintiff has to bring separate prayer for demolishment certainly and complication shall arise the multiplicity of the litigation shall arise and the plaintiff has to suffer irreparable loss and injury. 14. That the cause of action for filing the present suit arose on ………….. when the defendants illegally have dispossessing the plaintiff from the property in  suit then it arises on every day when the defendants with a view to make, complication are arising construction of illegally over the proper in suit with in the jurisdiction of this Hon’ble Court and the Hon’ble Court and this Hon’ble Court has jurisdiction to try this suit. 15. Valuation for the purpose of jurisdiction the suit is valued at Rs. …………/- and for the payment of court fee the land in dispute is separately revenues assessed for Rs………../- and thirty times on that i.e. a thirty time of Rs…………. comes Rs………….therefore minimum Court fees Rs………… is paid thereon. 16. Suit is with in limitation and this Hon’ble Court has jurisdiction to try the same. PRAYER (A) That a decree for possession be passed against the defendants in favour of the plaintiff and the plaintiff be put in actual physical possession over the property in suit with directions to the defendants to vacate the property in suit with in time stipulated by the Hon’ble Court and it they fail to deliver actual physical possession within the stipulated time then the same be done through the agency of the Hon’ble Court. (B) That costs of the suit be awarded to the plaintiff against the defendants. (C) Any other relief which Hon’ble court thinks just and proper in the circumstances of the case be allowed to the plaintiff.

  • Promoters’ Contract for the Purchase of an Industrial Plot for setting up Industrial Unit of the Proposed Company ABC Ltd.

    Promoters’ Contract for the Purchase of an Industrial Plot for setting up Industrial Unit of the Proposed Company ABC Ltd.  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) THIS AGREEMENT is made on…………………. day of…………………. between Mr. A, son of Mr…………………. resident of…………………., Mr. B, son of Mr…………………. resident of…………………. and Mr. C, son of Mr…………………., resident of………………….’ (hereinafter referred to as “promoters”) of the one part which expression shall, unless repugnant to the context include their heirs, legal representatives and assigns and Mr. “V” son of Mr…………………. resident…………………. (hereinafter referred as “Vendor”) of the other part, which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns. WHEREAS the promoters have been engaged for quite sometime in the past in promoting and forming a company to be known as ABC Ltd., which name has been made available to the promoters by the Registrar of Companies…………………., consequent upon which they have filed with the Registrar memorandum of association and articles of association for registration of the company; AND WHEREAS the memorandum and articles of association of the proposed ABC Ltd., empower the company and its directors to enter into agreements on its incorporation on the lines of the agreement entered into by the promoters for the purchase of land, plant, machinery, equipment and for hiring the services of persons required for and in connection with the formation and incorporation of the company; AND WHEREAS the Vendor is the absolute owner of industrial plot of land measuring…………………. and situated at…………………. and is desirous of selling the same; AND WHEREAS the promoters and desirous to buy the said plot of land for the proposed company ABC Ltd. to set up an industrial unit on its incorporation. NOW IT IS AGREED AND DECLARED BETWEEN AND BY THE PARTIES AS FOLLOWS: 1. That the said vendor shall sell and the promoters shall purchase the industrial Plot No…………………. situated in the…………………. Industrial Area, ………………….bounded on North by…………………., on South by…………………., on East by…………………., and on West by…………………. in consideration of the payment, by the promoters on the date of this agreement, of the sum of Rs…………………. and the balance of Rs…………………. on the date of the appearance of the vendor and the promoters before the Sub- Registrar…………………. at the time of registration of the deed of sale to this agreement. 2. The vendor shall satisfy the promoters or ABC Ltd., if incorporated by then, about the title of the vendor to the aforesaid piece of land within one month of the execution of this agreement and the promoters or their attorney shall be entitled to ask for such information as may be necessary to ascertain the title of the vendor and the vendor shall be bound to allow inspection of the title deeds relating to the plot of 352 PP-DP&A land at his place within two months of the date of this agreement. On the satisfaction of the .promoters as to the title of the vendor in respect of the said plot of land, the parties shall complete the transaction of the sale within six months of the date of this agreement. 3. The parties shall bear the expenses of sale equally. The purchaser shall pay to the vendor the expenses for purchase of stamp, a fortnight before the expiry of the period fixed for this agreement for completion of the sale and the promoters shall also at the same time deliver to the vendor a draft of the deed of sale which the vendor shall, if in proper form, execute at his expense in favour of the purchasers and present the same for registration on or before the date fixed for the completion of the sale transaction. 4. The vendor shall deliver actual possession of the plot of land to the promoters or the company on the date of payment of the balance of the price aforementioned and shall do all other acts that may be necessary or requisite to effectually put the promoters or ABC Ltd., as the case may be, in such possession. 5. In case there found to be any error or misdescription in area or the boundaries or the other specifications of the plot of land agreed to be conveyed to the promoters of ABC Ltd. or ABC Ltd., as the case may be, corresponding decrease or increase in price relating to the area and rectification of misdescription of the specification relating to boundaries etc. shall be permissible, and shall not form any ground for avoiding this agreement for sale of the plot of land. IN WITNESS WHEREOF the parties aforementioned have signed this deed of acceptance of the terms thereof. 1. Witness Vendor 2. Witness Purchasers/Promoters of the Company ABC Limited, under incorporation. 3. Witness A 4. Witness B C (Schedule of Land) A Specimen of Agreement entered into by and between ABC Ltd. on its Incorporation and Mr. …………………. Vendor of Industrial Plot No…………………. Situated…………………. who had earlier entered into an Agreement dated…………………. for the Sale of the said Plot of land to the Promoters of the Company. THIS AGREEMENT made and entered into the…………………. day of…………………. between Mr. ‘V’ son of Mr…………………., resident of…………………. (hereinafter called “the vendor”) which expression shall, unless, repugnant to the context, include his heirs, legal representatives and assigns of the one part and ABC Ltd., a company incorporated under the Companies Act, 2013 and having its Registered Office at…………………. (hereinafter known as “the company”) which expression shall, unless repugnant to the context, include its legal representatives, of the other part. WHEREAS the company was incorporated on…………………. under the Companies Act, 2013 as a public limited company with a nominal share capital of Rs…………………. divided into…………………. equity share of Rs…………………. each; AND WHEREAS Mr. A, Mr. B and Mr, C have been engaged for quite sometime in the past in promoting and forming this company; AND WHEREAS the said promoters of the company, Mr. A, Mr. B and Mr. C had entered into agreement Lesson 8 n Drafting of Agreements under the Companies Act 353 with the vendor on the…………………., for the purchase of industrial plot of land No…………………. situate at…………………., a copy of the plan whereof is annexed hereto as Annexure-I; AND WHEREAS the memorandum and articles of association of the company empower the company and its directors to enter into agreements with third parties on the terms and conditions of the agreements entered into by and between the promoters and the third parties for the purchase of land, plant, machinery, equipment etc. for the company; NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES OF ONE PART AND PARTY OF THE OTHER PART: 1. That the said vendor shall sell and the company shall purchase the industrial plot No………..…………………. situate in the……...……..…………………. Industrial Area, ………………….more precisely described in the Schedule hereto in consideration of payment by the company on the date of this agreement of the sum of Rs…………………. and the balance of Rs…………………. on the date of the appearance of the vendor and the company before the Sub-Register, ………………….at the time of registration of the deed of sale pursuant to this agreement. 2. The company has already satisfied itself with regard to absolute title of the vendor in the said plot of land and has already given to the vendor a draft of the deed of conveyance and the vendor hereby agrees and undertakes to execute the same in favour of the company within a period of a fortnight of the date of execution hereof and present the same for registration within the said period of fortnight. 3. The vendor shall deliver actual possession of the plot of land to the company on the date of payment of price aforementioned and shall do all other acts that may be necessary or requisite to effectually put the company in such possession. Signed and delivered by within named vendor in presence of: Witness - 1…………………. Witness - 2…………………. Signature of Vendor Signed, sealed and delivered by within named company (purchaser) (Name of the Company) Through its Director Shri…………………. Signature…………………. In presence of: Witness - 1…………………. Witness - 2…………………. (Annexure or Schedule of Land) Agreement by Company Adopting Contract made on its behalf before its Incorporation This Agreement made at New Delhi on this………………. day of………………. 2018 between Shri A of the 1st part, Shri B of the Second part and AB & Co. Ltd. (hereinafter referred to as ‘the company’) of the third part. Whereas after the execution of the contract on 10th July, 2018 (hereinafter referred to as “the said contract”) between Shri A, the vendor, and Shri B, on behalf of the company, the said company AB & Co. Ltd. has been incorporated under the Companies Act, 2013. Now it is hereby agreed by and between the parties hereto as under: 1. The said contract dated 10th July, 2018 is hereby adopted by the company and shall be binding on the said Shri A and on the company in the same manner and shall take effect in all respects as if the company had been in existence at the date of the agreement. 354 PP-DP&A 2. Shri B who actually signed on behalf of the proposed company shall be discharged from all liability under the said contract as the company had adopted and ratified the said contracts. In witness whereof the parties hereunto have put their hands and signatures and the company has caused its common seal affixed in the presence of Shri……………. and Shri……………. two directors who have set their respective hands and signatures the day and year first herein above written in terms of the Resolution passed in its Board of Directors in their meeting held on……………. Common Seal Witnesses: …………………. (Signature) 1…………………. Director 2…………………. …………………. (Signature) Director Signatures of A …………………. B….………

  • ANTICIPATORY BAIL APPLICATION

    Anticipatory Bail Application IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. _______ OF 20 ……………………………………………………………… Resi at ___________ ........ Petitioner                                                                       V/s State of Maharashtra at the instance of The Inspector of Police In-charge of ________Police Station ........ Respondent CRIMINAL ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973. To THE HON’BLE PRINCIPAL JUDGE AND HIS COMPANION JUDGES OF THIS HON’BLE COURT.THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED:MOST RESPECTFULLY SHEWETH: The petitioner is a citizen of India. The petitioner is about ___years old and is unmarried. The petitioner is a permanent resident of Mumbai, residing at the address as mentioned in the cause title since birth. The petitioner is the son of ____________, who is the co-owner of the aforesaid premises. The petitioner’s father shares the said premises amongst others with one of the petitioner’s ……………………..  The petitioner’s father and the said…………………………. are also partners in a firm called M/s. _____________ situated at _______________________. 2.     The petitioner’s …………………………………………….. are involved in various civil disputes relating to the said partnership firm, the residential premises and other commonly held properties. There are many cases and proceedings pending in different courts in Mumbai relating to the same. The said ………………… has also time and again dragged the petitioner’s father and his family to the Criminal courts and/or police station. However on each of the occasions the said ………………… has met with no success but continues to harass the petitioner, his parents and other family members by lodging false, frivolous and mischievous complaints one after the other. 3.     The petitioner understands that the said ………………………. has filed a complaint on or around _________ in the ____________ under Sections _____________ of the Indian Penal Code against the petitioner’s ……………………….. of his family members including the petitioner …………………………………………………………………………………………. The petitioner says and submits that the said complaint has been filed by the said ……………… as a continuation of the process of harassment and vendetta against the petitioner’s father and with a view to coerce and threaten the petitioner into submission in relation to the civil disputes pending between the petitioner and the said ………………... The petitioner states that on the said date of __________, the said …………………… had stolen the petitioner’s mobile phone and the petitioner had lodged an N.C. complaint (being complaint No._________ of 20………) at the _________ police station. The complaint by ………….. is merely a counter blast. 4.     The petitioner apprehends that on the basis of the allegations contained in the said counter complaint of …………………. the police authorities are likely to arrest / detain him. The petitioner is a respectable citizen of India and is well known in the locality where he stays. The petitioner is an educated youth being _________ (mention the educational qualifications). The petitioner is an Income-tax assessee. The petitioner has acquired his reputation which would be tarnished if he is arrested and/or detained. The petitioner has done nothing to warrant that his reputation to be harmed at the behest of his disgruntled uncle, i.e. said Mr. ………………... 5.     The petitioner says that the nature of disputes between his father and his uncle are civil and the courts are fully seized of the same and as a law abiding citizen of the country the petitioner shall abide by the verdict of the Honorable courts. 6.     The petitioner says and submits that there is no allegation against him requiring custodial interrogation and therefore prays that in the event of the petitioner’s arrest by the _____________Police Station on the basis of the aforesaid allegations made by ……………………….., this Honorable court be pleased to release him on Bail on such terms and conditions and on such amount as this Honorable court may deem fit and proper. The petitioner undertakes to extend his fullest co-operation to the police and report at the police station as and when required for any investigation. The petitioner has his roots in Mumbai and is living in Mumbai since his birth. The petitioner’s father is the co-owner of immovable property _________________________ (describe the immovable property and give its address in detail). The petitioner, his brother and his parents are all residing together at ______________________ (Give residential address in full). There is no apprehension of the petitioner absconding. There is no threat of the petitioner tampering with the evidence in any manner whatsoever. The petitioner therefore prays: a.     that in the event of the arrest of the petitioner by the __________ Police station on charges arising out of the complaint made by ………………………………., the Inspector of Police be directed to release the petitioner on bail of such amount and on such terms and conditions as this Honorable court may deem fit and proper; b.    for such other and further reliefs as may be deemed fit and proper in the facts and circumstances of the case. Mumbai dated this ________ day of _________, 20…………. Petition drawn by: Petitioner Advocate for the Petitioner VERIFICATION       I.        …………………………………………………………, the petitioner above-mentioned, do solemnly affirm that what is stated in this petition save and except legal submissions is true to my personal knowledge. Solemnly affirmed at Mumbai on) this ______ day of ……………………………………) Petitioner Before me Advocate for the petitioner. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/)

  • ANTICIPATORY BAIL APPLICATION

    Anticipatory Bail Application IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. _______ OF 20 ………………………………………………………………Resi at ___________ ........ Petitioner                                                                       V/s State of Maharashtra at the instance of The Inspector of Police In-charge of ________Police Station ........ Respondent CRIMINAL ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973. To THE HON’BLE PRINCIPAL JUDGE AND HIS COMPANION JUDGES OF THIS HON’BLE COURT.THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED:MOST RESPECTFULLY SHEWETH: 1.     The petitioner is a citizen of India. The petitioner is about ___years old and is unmarried. The petitioner is a permanent resident of Mumbai, residing at the address as mentioned in the cause title since birth. The petitioner is the son of ____________, who is the co-owner of the aforesaid premises. The petitioner’s father shares the said premises amongst others with one of the petitioner’s …………………….. The petitioner’s father and the said…………………………. are also partners in a firm called M/s. _____________ situated at _______________________. 2.     The petitioner’s …………………………………………….. are involved in various civil disputes relating to the said partnership firm, the residential premises and other commonly held properties. There are many cases and proceedings pending in different courts in Mumbai relating to the same. The said ………………… has also time and again dragged the petitioner’s father and his family to the Criminal courts and/or police station. However on each of the occasions the said ………………… has met with no success but continues to harass the petitioner, his parents and other family members by lodging false, frivolous and mischievous complaints one after the other. 3.     The petitioner understands that the said ………………………. has filed a complaint on or around _________ in the ____________ under Sections _____________ of the Indian Penal Code against the petitioner’s ……………………….. of his family members including the petitioner …………………………………………………………………………………………. The petitioner says and submits that the said complaint has been filed by the said ……………… as a continuation of the process of harassment and vendetta against the petitioner’s father and with a view to coerce and threaten the petitioner into submission in relation to the civil disputes pending between the petitioner and the said ………………... The petitioner states that on the said date of __________, the said …………………… had stolen the petitioner’s mobile phone and the petitioner had lodged an N.C. complaint (being complaint No._________ of 20………) at the _________ police station. The complaint by ………….. is merely a counter blast. 4.     The petitioner apprehends that on the basis of the allegations contained in the said counter complaint of …………………. the police authorities are likely to arrest / detain him. The petitioner is a respectable citizen of India and is well known in the locality where he stays. The petitioner is an educated youth being _________ (mention the educational qualifications). The petitioner is an Income-tax assessee. The petitioner has acquired his reputation which would be tarnished if he is arrested and/or detained. The petitioner has done nothing to warrant that his reputation to be harmed at the behest of his disgruntled uncle, i.e. said Mr. ………………... 5.     The petitioner says that the nature of disputes between his father and his uncle are civil and the courts are fully seized of the same and as a law abiding citizen of the country the petitioner shall abide by the verdict of the Honorable courts. 6.     The petitioner says and submits that there is no allegation against him requiring custodial interrogation and therefore prays that in the event of the petitioner’s arrest by the _____________Police Station on the basis of the aforesaid allegations made by ……………………….., this Honorable court be pleased to release him on Bail on such terms and conditions and on such amount as this Honorable court may deem fit and proper. The petitioner undertakes to extend his fullest co-operation to the police and report at the police station as and when required for any investigation. The petitioner has his roots in Mumbai and is living in Mumbai since his birth. The petitioner’s father is the co-owner of immovable property _________________________ (describe the immovable property and give its address in detail). The petitioner, his brother and his parents are all residing together at ______________________ (Give residential address in full). There is no apprehension of the petitioner absconding. There is no threat of the petitioner tampering with the evidence in any manner whatsoever. The petitioner therefore prays: a.     that in the event of the arrest of the petitioner by the __________ Police station on charges arising out of the complaint made by ………………………………., the Inspector of Police be directed to release the petitioner on bail of such amount and on such terms and conditions as this Honorable court may deem fit and proper; b.    for such other and further reliefs as may be deemed fit and proper in the facts and circumstances of the case. Mumbai dated this ________ day of _________, 20…………. Petition drawn by: Petitioner Advocate for the Petitioner VERIFICATION       I.        …………………………………………………………, the petitioner above-mentioned, do solemnly affirm that what is stated in this petition save and except legal submissions is true to my personal knowledge. Solemnly affirmed at Mumbai on) this ______ day of ……………………………………) Petitioner Before me Advocate for the petitioner. Download Word Document In English. (Rs.30/-)

  • Suit for Specific Performance format under Code of Civil Procedure Suit with alternate prayer for Recovery of Money

    Suit for Specific Performance format under Code of Civil Procedure Suit with alternate prayer for Recovery of Money . Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.60/-)  Format of Suit for recovery of money in case of builder or contractor failed to honour agreement with the buyer.  This format can be used to file Suit for Specific performance of contract entered by the Plaintiff and Defendant, when the Defendant failed to execute the contract or honour the conditions in the Contract or Memorandum of Understanding. Sufficient court fee needs to be paid to file the suit. Separate prayer for refund of money is included if the Defendants failed to execute the contract. IN THE COURT OF  _____________________________C.S. (OS) NO______________ OF 20___ IN THE MATTER OF: ABC & ANR                         ...PLAINTIFFS VERSUS XUZ & ORS                         ...DEFENDANTS SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL COMMERCIAL UNIT ADMEASURING ___ SQ FT. MOST RESPECTFULLY SHOWETH:1. Plaintiff No. 1 is house wife residing at _________________________. Plaintiff No. 2 is ______and daughter in law of Plaintiff No. 1 residing at __________________________. The present Suit is being filed through Mr. _____________________, the authorised Signatory of the Plaintiffs who has been duly authorised vide Special Power of Attorney dated ______________issued by Plaintiffs, to file the present Suit on behalf of the Plaintiffs.   2. The Defendant No.1 is a Limited Company having its registered office at _____________________________, India. 3. That the Defendant No.2 is the Authorised signatory of Defendant No. 1 Company and has jointly signed agreement to sell dated ________________ and Memorandum of understanding dated ______________ on behalf of Defendant No. 1. 4. That the Defendant No.3 is also the Authorised signatory of Defendant No. 1 Company and has jointly signed agreement to sell dated ______________ and Memorandum of understanding dated ___________ on behalf of Defendant No. 1. 5. That in ______ Defendant No. 1 had come up with a public offer to sell Commercial Unit being constructed in a Commercial Complex under the name and style "__________________ with assurance to complete the construction of the commercial space within 36 months. 6. That by believing their offer as genuine and trusting on the Management of the company, the Plaintiffs have applied to purchase a Commercial Unit admeasuring _______________ vide Customer Code ____________, for a price of Rs. ______________/- (Rupees _________________________ only). 7. That the Defendants have issued allotment letter Ref: _________________ dated ______________addressed to ____________________, confirming the allotment of Shop No. ____________________ in favour of Plaintiffs for a total consideration of Rs. ____________. Copy of Allotment letter and payment schedule dated ___________ issued by the Defendants is annexed hereto as Annexure P1. 8. That the Defendants have demanded an amount of Rs. ___________________(Rupees _______________ only) from the Plaintiffs towards 85% of the cost of the property and taxes. The plaintiffs have paid to the Defendants the said amount as per the payment details given below. Copies of the aforementioned receipts dated _____________ issued by the Defendants are annexed hereto as Annexure P2 (Colly). 9. That the Plaintiffs and Defendants have entered into Agreement to sell dated _______________. Defendant No. 2 and Defendant No. 3 have signed the agreement to sell on behalf of Defendant No. 1 in the capacity of authorized signatories. Copy of Agreement to sell dated _________ is annexed as Annexure P3.   10. That clause 4.1 of Article 4 of the agreement to sell dated _______________ read as follows "That the possession of the Unit shall be delivered to the Purchaser within 36 months from the date of signing this agreement..." As per the agreement to sell the Defendants have assured to the Plaintiffs to give possession of the property by __________. 11. That the plaintiffs and defendants have also signed Memorandum of Understanding dated ______________. Defendant No. 2 and Defendant No. 3 have signed the agreement to sell on behalf of Defendant No. 1 in the capacity of authorized signatories. Copy of Memorandum of Understanding dated ______________ is annexed hereto as Annexure P4. 12. That Clause 5 of the MoU read as follows "That from ______________, however subject to receipt of 85% of the sale consideration, the Developer assures a monthly return ("Assured Return") of Rs. 51/- (Rupees Fifty One only) per square feet per month of the super area being purchased by the purchaser,.." 13. That the Plaintiffs have waited for 36 months to get possession of the property. Till date no communication regarding possession of the property has been received from the defendants. 14. That the Plaintiffs enquired about progress of the construction and shocked to know that the Defendants have not started any construction in the site. The Defendants have just collected money from customers and not done any work to develop the project. 15. That till date the Defendants has not started construction of the building or refunded the amount to the Plaintiffs. It shows the malafide intension to of Defendants to cheat the Plaintiffs by giving false promises. 16. That the Plaintiffs have issued a legal notice dated October ___________, vide postal receipt No. ______________through their advocates demanding refund of Rs. ______________(Rupees ______________ only) along with interest @ 18% for the period from _______________ to till date and assured return of Rs. 51 per square feet as per clause 5 of Memorandum of Understanding till payment date, which was not replied by the Defendants. Copy of the Legal Notice dated ___________ along with postal receipt is annexed here as Annexure P-5. 17. Since the Defendants have not responded to the legal notice dated ____________, the Plaintiffs have again send another legal notice dated ___________, to the Defendants addressed to Registered office of the Defendants at New Delhi and office of the Defendants at ___________posted on the same date vide postal receipt __________ through their advocates demanding refund of Rs. ______________(Rupees _________________ only) along with interest @ 18% for the period from _____________ to till date and assured return of Rs. 51 per square feet as per clause 5 of Memorandum of Understanding till payment date, which was not replied by the Defendants. Copy of the Legal Notices dated ___________ along with postal receipt No. _____________ and acknowledgement are annexed here as Annexure P-6. 18. That the Defendants have created unnecessary financial loss and mental pressure to the Plaintiffs and committed cheating, fraud and breach of trust by giving false promises. 19. That the Suit is within the period of limitation. 20. That the cause of action arose in favour of the Plaintiff and against the Defendants. The cause of action arose on _____________ and ____________, when the Defendants accepted Rs. ___________ (Rupees ____________) and acknowledged the receipts of the amount. The Cause of action arose when agreement to sell dated __________ and Memorandum of Understanding dated _____________ signed by the Plaintiffs and defendants. The cause of action arose on _____________ when the defendants failed to give possession of the property as per the Agreement to Sell. The cause of action arose when the first Legal Notice dated ____________ was send upon the Defendants. The cause of action arose when the second legal notice send to the Defendants on ___________, which was duly received by the defendants. 21. That this Hon'ble Court is competent to try the present Suit as the Plaintiffs are Residents/ Permanent address are of its territorial jurisdiction, The Agreement to Sell and Memorandum of Understanding are signed in its territorial jurisdiction, the registered office of the Defendant Company is in its territorial jurisdiction and the transactions are done its territorial jurisdiction. 22. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:  P R A Y E R 23. That the Plaintiff, therefore, pray that- a) A decree for specific performance of the agreements to sell dated ____________ be passed in favour of the Plaintiff and against the defendant thereby directing the defendants to execute the sale deed and get the same registered in favour of the plaintiff in respect convey the suit property, and do all other acts, deeds and things as may be necessary in this regard;  b) A decree for specific performance of the Memorandum of Understanding dated __________ vide which Defendants agreed that from ___________, however subject to receipt of 85% of the sale consideration, the Developer assures a monthly return ("Assured Return") of Rs. 51/- (Rupees Fifty One only) per square feet per month of the super area being purchased by the purchaser. c) If the Hon'ble court finds that the plaintiff is not entitled to the relief of specific performance of agreement to sell dated ___________ then the suit be decreed for the alternative relief by way of decree for recovery of Rs. _________ and damages ______ against the defendants with interest @ 18% from the date of the agreement till realization of the decree amount, with future interest @ 18% till realization.   c) The Plaintiff be paid their cost from the defendants.   d) Any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.  Plaintiffs Through_______________Advocates for the Plaintiffs   Dated:

  • Application Format for list of witness which the applicant wants to examine in his evidence

    Application Format for list of witness which the applicant wants to examine in his evidence . Applicatn Format for list of witness which the applicant wants to examine in his evidence BEFORE THE INDUSTRIAL TRIBUNAL OF ___________ CUM  Madan  lal                                                    Vs.  Rattan lal………………………………………………………………… CLAIM STATEMENT LIST OF WITNESSES Date :_________ Sir, The following is the list of witnesses which the applicant wants to examine in his evidence(i) ______________ with the relevant record of ________ Register Lab Register / report register from __________ to _________, record of _________(ii) ________ r/o with the record of Bill dated ___________ and _______ issued in favour of __________ It is, therefore, prayed that the above mentioned witnesses may kindly be summoned for the date fixed for and the applicant is ready to pay the expenses /diet money of the above said witnesses as desired by the court. Dated……. APPICANT……. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • THIS DEED OF PARTNERSHIP

    “THIS DEED OF PARTNERSHIP Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-)  is made the……………………………. day of……………………………. 2018 Between A.B., aged…….. etc. (hereinafter called the “First Party”)  AND C.D., aged……. etc.  (hereinafter called the “Second Party”) of the second part AND E.F., aged…….. etc. (hereinafter called the “Third Party”) of the Third Part.” Thereafter, the terms and conditions as mentioned in the above Model Form, with suitable modifications, should be given. Deed extending Period of a Partnership  THIS DEED OF AGREEMENT is made the…………………………….  day of……………………………. 2013  BETWEEN  A.B., C.D. and E.F. AND WITNESSES as follows: That each of the said A.B., C.D. and E.F. do hereby agree with the others of them, jointly and severally, in the manner following, that is to say: That the said A.B., C.D. and E.F. will remain and continue partners together in the said trade or business of……………………………. for the further term of……………………………. years to be counted from the……………………………. day of……………………………. 2018 the day on which the original deed of partnership shall expire, upon such and the same terms and conditions, and with, under and subject to such and the same covenants, provisions and agreements as are expressed and contained in the said original deed of partnership to which this agreement is appended, and to which the said partners hereto, their respective legal representatives would have been subject or liable, if the said deed of partnership and the partnership thereby created, and the several covenants, declarations, provisions and agreements therein mentioned and contained had been made or entered into for the term of ten years instead of the term of five years.  IN W ITNESS whereof the said A.B., C.D. and E.F. have hereto at……………………………. by way of a supplementary deed executed these presents on the day and the year first above mentioned and appended the same to the original deed of partnership, deed………………  WITNESSES:  Sd/- A.B. Sd/- C.D. Sd/-  E.F.  ANNEXURE III Deed of Agreement of Admission into Firm of a New Partner THIS DEED OF AGREEMENT IS made the ………………… day of ………………… 2018  BETW EEN AB ………………… son of ………………… aged ………………… R/o ………………… and CD ……………… son of………………… aged ………………… R/o ………………… partners in the firm CD & CO. of the one part, AND EF ………………… son of ………………… aged ………………… years resident of ………………… of the other part.  WHEREAS the said AB and CD are partners in the firm CD & Co. situated in………………… and are bound as such under a deed partnership executed by them on the………………… day of………………… 2018 hereinafter referred to as the “partnership deed”.  AND WHEREAS the said EF is desirous of being admitted as a member in the aforesaid firm of CD and Co. and invest a sum of Rs………………… AND the said AB and CD are willing to admit him as an additional partner. NOW THEREFORE THE DEED WITNESSES that in pursuance of the said agreement and in consideration of the said EF bringing in and contributing the sum of Rupees………………… (Rs…………………) only as additional capital of the above partnership firm, it is mutually agreed as follows: 1. The parties hereto shall, as from the date hereof be and continue partners for the unexpired residue of the terms mentioned in para………………… of the partnership deed subject in all respects to the conditions, stipulations, and provisions of the aforesaid partnership deed, so far as applicable, and except as varied by this deed of agreement. Lesson 7 n Drafting and Conveyancing Relating to Various Deeds and Agreements-IV 325  2. The capital mentioned in the partnership deed shall hereafter be changed to the sum of Rupees………………… only and the partners shall hereafter have the undernoted shares in the capital. AB shall have Rs………………… in the said capital; CD shall have Rs………………… in the said capital; and EF shall have Rs………………… in the said capital. 3. The profits and losses of the partnership shall continue to be borne by the partners hereto in proportion to their above named respective shares. IN WITNESS WHEREOF the said AB, CD and EF have hereto at………………… signed the day and the year first above mentioned. WITNESSES: 1. Sd/- A.B. 2. Sd/- C.D. 3. Sd/- E.F. ANNEXURE IV Deed of Dissolution of Partnership (To be executed on Rs. 10/- Non Judicial Stamp Paper) THIS DEED OF DISSOLUTION OF PARTNERSHIP made the………………… day of………………… 2018 BETWEEN…………………. WHEREAS the partners hereto under a deed of partnership dated………………… made between them formed themselves into a business firm and carried on business under the name and style of………………… pursuant to the covenants, stipulations and provision contained in the said deed; AND WHEREAS it has been mutually decided between the parties that the said partnership shall be dissolved, and the said trade and business shall be wound up and the stock-in-trade, assets and credits realized and called in, and the net proceeds after payment and satisfaction of all debts and liabilities divided between the partners according to the covenants in this behalf appearing in the deed of partnership. NOW THIS DEED WITNESSES that in pursuance of the said agreement it is hereby declared and agreed by and between the parties hereto as follows, that is to say: 1. The said partnership between the partners hereto under the deed, dated………………… hereunto appended shall be determined and stand dissolved as from the………………… day of………………… 2017. And the parties hereto singly or jointly shall not carry on the business of the said firm of………………… under the said name and style for a period of………………… years hence. 2. The parties hereto shall on the aforesaid date of………………… sign notices of the dissolution and forthwith advertise in the local Official Gazette the fact of dissolution as required by Section 45 of the Indian Partnership Act AND shall also intimate the fact of dissolution to the Registrar of Firms under the provision of Section 63 of the said Act. 3. Within………………… days after the dissolution of the partnership a full and general account and balance sheet shall be taken and made of the property, assets and liabilities of the partnership; and a full and particular inventory and valuation of all the machinery, plants, tools, utensils, stock in hand, office equipment, materials and effects belonging to the firm shall be made by the parties or such other person as the partners may choose to appoint, whose decision shall be final and binding upon 326 PP-DP&A the partners, and all debts owing to the firm shall be collected and got in by the parties or such other persons as the parties may by instrument in his behalf appoint. 4. That as soon as may be, after the property, assets and liabilities have been got in and disbursed the parties or such other person or persons whom the parties may have appointed under the foregoing clause shall divide and apportion the share of the parties, in the proportion of the contribution of the parties towards the capital. In such division any amounts paid earlier or due to the parties according to the books of the partnership shall be taken into account. That the cost of liquidation proceedings shall also be deemed to be a liability of the partnership and paid from the funds of the partnership. 5. That in case the winding up shows a loss or the assets of the partnership are insufficient to meet the liabilities and debts of the partnership then the partners shall forthwith pay such losses in the proportion of their contribution to the capital. 6. Each of the parties shall, so soon as the others or any of them, or their or his representatives, shall have executed and done all the assurances, acts or things hereby agreed to be done by them respectively and at the request and cost of such other or others, or their or his representatives execute to them or him such releases, indemnifies, and assurances as may be reasonable and proper; IN WITNESS WHEREOF the said AB, CD and EF have hereto signed and executed this agreement of dissolution and appended it to the said deed of partners, dated………………… WITNESSES: 1. Sd/- A.B. 2. Sd/- C.D. 3. Sd/- E.F. ANNEXURE V Deed of Dissolution of Partnership by which one Partner Sells his Share in Partnership Property to the other Partner THIS DEED made the………………… day of………………… BETWEEN A…………………, S/o…………………, aged…………………, R/o………………… (hereinafter called “the retiring partner”) of the first part and B of…………………, S/o………………… aged…………………, R/o………………… (hereinafter called “the continuing partner”) of the second part. 1. The parties hereto have been carrying on as partners the business of………………… under the firm or style of………………… and under Deed of Partnership dated………………… 2. The parties hereto are beneficially entitled to the property mentioned in the Schedule attached herewith as their partnership property. 3. The parties have agreed to dissolve the said partnership upon the following terms: (a) The continuing partner shall purchase from the retiring partner his share in the partnership property for Rs………………… which amount shall be paid as mentioned hereafter; (b) The continuing partner shall discharge the liabilities and debts due from the partnership. AND WHEREAS for the purpose of the stamp duty it has been agreed that the sum of Rs………………… part of the said sum of Rs………………… shall be the price of the share of the retiring partner in the immovable property and that the sum of Rs………………… shall be the price of the share of the said partner in cash in hand and with bankers and moveable property passing by delivery belonging to the partnership and that the sum of Rs………………… balance out of said sum of Lesson 7 n Drafting and Conveyancing Relating to Various Deeds and Agreements-IV 327 Rs………………… shall be the price of the share of the said retiring partner in the goodwill and the residue of the assets of the partnership property. AND WHEREAS by a conveyance of even date executed between the parties the share of the retiring partner in the immovable property of the firm has been conveyed to the continuing partner on payment of the price of Rs………………… AND WHEREAS the cash in hand and with Bankers and other moveable property of the partnership passing by delivery has been delivered to the continuing partner who has paid to the retiring partner Rs………………… the apportioned price thereof. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. The said partnership shall stand dissolved as from the day of………………… 2. In consideration of the sum of Rs………………… now paid by the continuing partner to the retiring partner, the receipt of which sum the latter hereby acknowledges, the retiring partner as beneficial owner hereby assigns and transfers unto the continuing partner all the share and interest of the retiring partner in the said partnership and the business, goodwill, book debts, and property other than the property separately conveyed as mentioned above. 3. That the said retiring partner irrevocably appoints the said continuing partner as his attorney to demand, call in and receive from all persons all and singular the debts, credits, moneys and effects of the said partnership, to give effectual receipts and discharges for the same and to bring and institute suits and proceedings against debtors of the firm and to compromise with them in any manner he deems fit. 4. The continuing partner shall in due course pay all debts and discharge all the liabilities of the said partnership and shall indemnify the retiring partner against all actions, proceedings, costs and expenses in respect thereof. 5. That the retiring partner shall not carry on any competing business in any capacity whatever within the radius of………………… kilometres from the place of business of the said partnership for a period of two years. 6. Each of the parties hereto releases and discharges the other from all actions, proceedings, claims and demands on account of the said partnership without prejudice to any rights and remedies herein contained. IN WITNESS WHEREOF the parties hereto have hereunto set their hands in the presence of witnesses. WITNESSES: 1. Sd/- A. 2. Sd/- B. Receipt executed by Retiring Partner acknowledging to have received the amount due to him on account of his share in the Partnership Property I, A of………………… aged…………………, S/o………………… (the retiring partner) hereby acknowledge to have received from B of………………… (the continuing partner) the sum of Rs………………… being the full amount of all moneys due or owing to me in respect of my share as partner in the business of………………… carried on under the name of………………… by me in partnership with the said B up to day of………………… under the Deed of Partnership Dated………………… As witness my hand this………………… day of………………… 328 PP-DP&A To …………………………………… …………………………………… Sd/- ANNEXURE VI No. 1 Notice to Dissolve Partnership Pursuant to the articles of the partnership entered into between yourself and me on…………………. I hereby give you notice that I intend to terminate the partnership now subsisting between us with effect from………………… Dated: Place: No. 2 Notice to Dissolution of Partnership for Insertion in a Newspaper Notice is hereby given that the partnership lately subsisting between us the undersigned (A, B & C of etc.) carrying business as………………… at………………… under the style or firm of A, B & C has this day been dissolved by mutual consent (or is dissolved by effluxion of time). All debts due to and owing by the said late firm will be received and paid by the said A, who will continue to carry on the said business under the same style and firm. Dated: Sd/- A, B and C. No. 3 Notice to Determine Partnership at Will To Messrs C and D of………………… I hereby give you notice that I intend to dissolve the partnership, subsisting between us under the Articles of Partnership dated………………… from the day of…………………

  • Sale And Purchase Agreement

    Sale And Purchase Agreement This sale and purchase agreement is executed at —————–  on this _____________  by ——————————–,  hereinafter called the Vendor,I N FAVOUR OFMr/Mrs———————————————————————–,  hereinafter called the Vendee.The expression Vendor and Vendee shall means and include their heirs, successors, executors, administrators and assigns of the respective parties.Whereas the Vendor is the bonafide owner of the property described below with all rights and title and has absolute right to sale, alienate the aforesaid property to the Vendee.Description of the property:i) Areaii) Floorsiii) Locationiv) Facilities and amenitiesWhereas the Vendor has agreed to sale the aforesaid property to the vendee for her bonafide needs and requirements with fittings and fixtures and the Vendee has agreed to purchase the same for a sum of Rs.————————————————————————–.NOW THIS SALE AND PURCHASE AGREEMENT WITNESSETH AS UNDERThat the consideration amount of mentioned above stands already paid to the vendor as full and final settlement as stated above prior to execution of this sale and purchase agreement, vendor do here by acknowledges the receipt of the same and the vendor do here by sell, conveyed, transfer and assigns all his rights, title and interest of the above said property under sale unto the vendee.1. That the vendor hereby assure and declared that he is the conveyance deed holder and is the sole, absolute, exclusive and rightful owner of the aforesaid property under sale alongwith freehold rights of the land underneath and he is fully competent and has full rights and power to sale and transfer the same.2. The vendor hereby absolutely assigns, conveys and transfers to the Vendee all her rights of ownership, titles and all interests in the above mentioned property under sale hereby conveyed under this sale and purchase agreement.3. The vacant and peaceful possession of the above mentioned property under sale has already been given to the Vendee by the Vendor, who has occupied the same.4. The Vendee shall hereinafter hold use, enjoy as he/she likes and to sell, mortgage, lien, let-out or make additions/alterations or renovations in the same as her own property without any hindrance, claim or demand whatsoever from the vendor.5. That the Vendor hereby assures the vendee and declares that he is the sole, absolute, exclusive and rightful owner of the above mentioned property under sale, and is fully competent and has full power, absolute authority and unrestricted rights to sell and transfer the same, and the same is free from all sorts of encumbrances, burden, sale, mortgage, gift, lien, decree, charges, court injunction orders, stay orders, liability, transfer, attachment, litigation, legal flaws, dispute, notices, surety, security, notifications, acquisition etc. and there is no legal defect in the title of the Vendor. If it is proved otherwise, the Vendor and the property both moveable and immoveable shall be liable to indemnify the vendee in full or part to the extent of loss sustained by the vendee at the prevalent market value of the said property at that time with all cost, expenses and damages, etc. and the vendee shall have full rights to recover the same, alongwith the cost and expenses of additions, alterations, renovations, modifications, etc. through the court of law.6. That the Vendee can get the above mentioned property under sale mutated and transferred in his/ her own name on the basis of this sale and purchase agreement with the concerned government department.7. That all dues such as house tax, electric and water bills, etc. outstanding, if any, in respect of the above mentioned property under sale, shall be paid and borne by the Vendor upto the date of execution/registration of this sale and purchase agreement and later on by the Vendee.8. The Vendee has spent all cost of stamp papers and registration fee, etc. for the present sale and purchase agreement.9. The Vendor has handed over all the Original documents establishing the chain of title of the said property.10. That the Vendee is fully empowered to transfer or get the fresh electric and water connections in respect of the above mentioned property under sale in his/her own name after the execution/registration of this sale deed from the respective departments at his/her own cost and expenses.12. The Vendee shall maintain the above mentioned property under sale at her own cost and expenses.14. That the Vendor, her heirs, successors, executors, administrators, legal representatives and assignees have been left with no rights, titles or interests in the said property and the Vendee has become its absolute owner.In Witness Whereof this sale and purchase agreement is executed at———————– on the day, month and year above written.WITNESSES1. VENDOR2. VENDEE Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • The processes of Redevelopment

    The processes of Redevelopment Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.150/-) This draft has 126 pages, all the pages are not possible to show in this post. The processes of Redevelopment In case of redevelopment, the considerations for members range from extra amenities to extra space provided even fresh construction in place of an older structure that enhances the life of a building. Extra area allotted by the developer is just one of the myriad considerations offered to members. The construction of a fresh structure in place of an older one itself forms consideration enough for redevelopment. For a redevelopment project, there are a series of objectives that need to be fulfilled in a particular order too. Here goes a reckoner on how to go about doing it:• Firstly, the members need to finalise the list of amenities that will be provided by the developer through the redeveloped project. After this, the tender documents need to be drafted, discussed with members of the committee and finalised.• Once this is done, tenders both technical and commercial need to be invited from among developers after doing the technical evaluation and generating a comparison statement where necessary before short-listing a few developers.• After the builders/developers are short-listed, joint meetings have to be held along with the committee members before finalising the most suitable developer for the project. A letter of intent, based on the terms negotiated with the concerned developer needs to be issued. The measurement of each flat and carpet area of each member has to be ascertained.• Also, requirements of each member need to be taken down and tentative drawings prepared. A detailed survey too needs to be carried out. A list of solicitors, legal consultants and tax consultants needs to be drawn up for reference and legal action in the future.• Agreement formalities between the society and the developer as well as between the society members and the developer need to be completed. The layout of the entire plot should be finalised; approved from the civic corporation and building files submitted accordingly. The society also needs to obtain CCs where necessary. Importantly, the plans to be finalised have to be as per member requirements. This has to be followed by obtaining approvals on finalised plans and CCs for the same.• The members need to be shifted to a temporary accommodation while the project is afoot. The old structure and building need to be demolished after which a soil exploration takes place. This is followed by the construction of new buildings and associated infrastructure such as access roads, recreational facilities, playgrounds, parks and compound wall with gate and concrete pavement and watchman cabin.• The occupation certificate has to be obtained along with a permanent water connection and a fixing water supply meter. After this, the site has to be cleaned thoroughly and possession handed over to members after confirming the carpet areas of newly constructed flats. Do your homework before entering into that redevelopment agreement A redevelopment agreement, as the name suggests, is an agreement for the restoration of an old building between the residents and the developer. But, it’s not as simple as it sounds; the housing society needs to exercise necessary caution to ensure that the residents' interest is safeguarded."Even seemingly simple things such as getting the redevelopment agreement registered with the sub-registrar or then, paying proper stamp duty are very important in such a deal," says Navdeep Co-operative Housing Society secretary, Girish Pradhan.In most cases, the developer negotiates the deal of restoring an old building with the managing committee of the society. "In which case, the onus is on the managing committee to ensure that the interests of the residents are protected and they need to take all the precautions," offers Mr Pradhan."It's advisable to discuss the agreement in detail at the general body meeting so as to arrive at a consensus about the terms and conditions in order to avoid later hassles," he maintains.As with any property dealing, when it comes to redevelopment contract, it's of utmost importance to ensure that the developer has a sound reputation. "If possible, the members of the managing committee must visit the site of some of his previous projects, so that they get a first-hand information about the developer," says the CHS secretary.Considering that the property of so many residents is at stake, it makes sense to seek the help of professionals in getting a clear picture about the dealing that the society is entering into.Sound advice from professionals such as lawyers, architects, engineers before signing on the dotted line is sure to help the society make a responsible decision. It is reasonable to hire the services of a technical supervisor who can keep a check on the work done by the developer.In order to ensure the smooth implementation of such a contract, the respective obligations of the developer and the CHS members and the consequences of the breach, if any, need to be put down in writing clearly in the agreement.For instance, the time of completion of the project and the consequences of non-completion in the stipulated time must be specified in the contract so that the developer doesn't drag on the work. Redevelopment modes and taxation When a cooperative housing society undergoes redevelopment, their taxability depends on the mode of redevelopment they choose. Self-Development When a society appoints a developer for reconstruction and pays the developer to reconstruct it, there is no scope of income for the society. Very often in these situations, the society allots additionally constructed flats or floor space index to members at a subsidised cost, market price or even free of cost. In such situations, there will not be any taxable income to such members since they would be covered by the concept of mutuality. Individual members who choose to sell off any such additional flats though would be liable to pay tax in the usual manner.Even in situations where the society decides to lease or rent the flats arising from the reconstruction for the rent and security deposit, the deposit would not be liable to taxation. Since the rent collected in such situations would be the income of the society under the ‘income from house property’ tag, this income could be set by collecting lesser or no contribution of monthly maintenance from members. Common developer and individual members When a redevelopment project generates additional flats as a result of re-construction, they may be made available to members with or without cost. In such situations, the individual members and not the society would be liable to pay tax. Society contracts with a developer In this situation, the society and the developer enter into an arrangement where the developer reconstructs the building of the society giving members their flats rebuilt free of cost or even pays an agreed sum to the society or individual members. In these situations, it’s important to remember that the entitlement to balance FSI and the right to use TDR are assets that belong to the owner of the land. Under section 2(47) of the Income Tax Act, allowing a developer to use such rights would be considered as a ‘transfer of assets.’ The consideration received from the developer for such a transfer of assets would be taxable under Capital Gains.As per the law, a duly registered cooperative housing society is the owner of the land and its buildings. And since the society is the legal owner, the consideration received for the transfer of assets would be taxable for the society even if the developer does not pay any consideration to the society and pays it to individual members.

  • Writ Petition format for high court

    Writ Petition format Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.150/-)   file Writ under Article 226 and 227 to challenge order passed by Central Administrative Tribunal against OA of Petitioner. SYNOPSIS 1. That the present Writ Petition under Article 226 read with 227 of the Constitution of India is against the order dated _____________ passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as 'Hon'ble Tribunal') in OA No. ___ of 20__ vide which the Hon'ble Tribunal has disposed of the OA on the basis of an interim order passed by this Hon'ble Court on ____ in Writ Petition (C) No. ___ of ___ titled _____ & Ors _____ & Ors. 2. That in the said Petition it was wrongly mentioned that Mr. ______________, one of the Batch mates of the Petitioner, has done ___ course. In fact he has done _______ Course (the same course done by the Petitioner) from _____ and his candidature for the post of Primary teacher in MCD was rejected with a remark 'overage' without giving age relaxation as per the direction of this Hon'ble Court in Sachin Gupta and Ors Vs. Delhi Subordinate Services Selection Board, Writ Petition. 3. That the Hon'ble Tribunal while disposing of the OA failed to consider the fact that the above said Writ Petition was filed by concealing the fact that disputes regarding educational qualification was already settled by this Hon'ble Court vide order dated __________________ in. The copy of the said order was in the file of the Hon'ble Tribunal, but without considering it and on the basis of wrong statement given by the respondents that Mr. ____________ had done ____ course, the Hon'ble tribunal disposed of the Original Application filed by the Petitioner. 4. The Hon'ble Tribunal also failed the appreciate that Writ Petition No. ________ of 20___ is barred by Res Judicata as all the disputes regarding educational qualification i.e. ETE, Diploma in Education and equivalent courses had been settled by this Hon'ble Court in ______ (supra) which was attained finality after the Hon'ble Supreme Court allowed the Review Petition filed by Mr. _____. 5. Brief facts about the case are that pursuant to the Advertisement No. ______________ of Delhi Subordinate Services Selection Board (DSSSB), the petitioner had applied for the post of Primary Teacher in Municipal Corporation of Delhi (MCD) (Post Code ____) under OBC Category and appeared for Written Examination held on _____________. She had secured _____ marks but her candidature was not considered for the said Post and her name was displayed in the rejection list published on ________ with a remark of "overage".  LIST OF DATES AND EVENTS 18.03.__ Maximum age limit for appointment to the post of Assistant Teacher ___ were years for male and Years for Female.08.05.___ Respondent No. 1 issued a notification and amended Recruitment rules for appointment to the post of Assistant Teachers in NCT of Delhi and MCD and prescribed the maximum age limit as 27 years for male as well as females.07.11.20__ Respondent No. 2 issued advertisement No. _____ for the post Teacher (primary) in MCD under the Post Code ____. The Petitioners applied.20.07.20__ The Ld Tribunal directed the Respondent to herein finalise the amendments in the RRs by applying classification of the post of enhancement of the age.02.02.20__ The Petitioner appeared in the examination. 08.07.__ Result of the said written Test was published and the Petitioner had secured marks (Cut off ). 05.12.20__ Government issued an office order No. ___ in which the Petitioner's name was shown not eligible on the ground of "overage".10.12.20__ Petitioner made representation to the authority appraising the fact that the Petitioner is fully entitled to get age relaxation as per Hon'ble Delhi High Court Judgment in ______.July 20__ Petitioner filed O A No. of 20 with the Hon'ble Tribunal, being aggrieved by the office order No. ___and Rejection Notice dated ___ and challenged the order to an extent she is affected on the ground of "overage".03.10.20__ The Hon'ble Tribunal disposed of OA No. ____ of 20__ with a liberty to the applicant to seek re-consideration of the O.A after the disposal of the Writ Petition (C) No. ___ of 20__ by this Hon'ble Court.  Hence the Present Petition     IN THE HIGH COURT OF  AT  WRIT PETITION NO_____ OF 20__ IN THE MATTER OF:_______________                                     .......    PETITIONER VERSUS _______________ & ORS                         .......    RESPONDENTS TO,THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF DELHI. THE PETITIONERS ABOVE NAMED WRIT PETITION UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA AGAINST THE JUDGMENT AND ORDER DATED _______ PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL IN OA NO. ___ OF .MOST RESPECTFULLY SHOWETH:1. That the present Writ Petition under Article 226 read with 227 of the Constitution of India is against the order dated ___________ passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as 'Hon'ble Tribunal') in OA No. ___ of 20__ vide which the Hon'ble Tribunal has disposed of the OA on the basis of an interim order passed by this Hon'ble Court on ____ in Writ Petition (C) No. ___ of ___ titled _____ & Ors _____ & Ors. A copy of the order dated 03.10.20__ passed by the Hon'ble Central Administrative Tribunal in O.A. No. ___ of 20__ is annexed and marked as Annexure P-1 (Pages _________). FACTS LEADING TO FILING OF THE PRESENT PETITION 2. Brief facts necessary for deciding the Present petition are as follows: (i) That Petitioner has done _____________ in the year _____from ______. (ii) That pursuant to the Advertisement No. ___ of 20__ of DSSSB the Petitioner had applied for the Post of Primary Teacher in ____, Post Code ___ and participated in the selection process, Roll No. ____. She got ___ Marks. Despite the applicant having secured more marks than the cut-off marks (__) for OBC category, she has not been considered for appointment on the ground of being 'overage'. In the rejection order No. dated 05.12.20 , the applicants name figures at Sr. No. __. (iii) The Petitioner had challenged the impugned rejection order No. dated __ in the Central Administrative Tribunal by way of O.A. No. A copy of entire CAT Record of O.A. No. ___/___ filed by Petitioner with the Central Administrative Tribunal is annexed herewith and attached as Annexure P-3 (Pages _________). (iv) Pursuant to the notices issued, the respondents entered appearance and filed replies, to which the Petitioner has filed separate rejoinders. (v) That after hearing these submission of the Respondents, the Hon'ble Central Administrative Tribunal on 03.10.20__, disposed of the OA filed by the Petitioner with the following observations/Directions:(vi) That the Hon'ble Tribunal did not try to verify the facts from the records which show that ___________had done Diploma in Education from Bhopal which is the same qualification of Petitioner. (vii) That since the dispute regarding equivalence of educational qualification was already settled; the Hon'ble Supreme Court in the Judgment used the word "__" just to represent the educational qualification. (viii) That the Respondents have wrongly twisted the facts in such a way that Mr. _________ had done ____ course not Diploma in Education from Bhopal, hence his Review Petition was allowed.     3. GROUNDS: A. Because the Hon'ble Tribunal failed to appreciate that a Division Bench of this Hon'ble court by its Judgment dated ______________ in ___________ v. ___________, held that a candidate who had completed ETE course from Delhi is to be given age relaxation as per the decision in __________, the same age relaxation should be provided to the persons who are identically placed in terms of educational qualifications. B. Because the Hon'ble Tribunal failed to appreciate that the Petitioners in Writ Petition (C) No. ____ of 20__ have concealed the fact C. Because the Hon'ble Tribunal did not consider all these facts while disposing of O.A No. ____ of 20__ which resulted violation of rights guaranteed to the Petitioners under Article 14 and 16 of the Constitution of India. 4. That the petitioners submit that no other petition against the impugned order has been filed by the petitioner. 5. That the petitioners do not have no other efficacious alternative remedy than to file the present writ petition.PRAYERS In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue an appropriate Writ quashing the impugned order dated 03.10.20__ passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, in Original Application No. ___ of 20__. b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. THROUGH;COUNSEL FOR THE PETITIONERS New Delhi Dated: . .20__ Writ Petition to High Court under Article 226 of Constitution of India seeking appropriate Writ for Fundamental Right,  filed in High Court for direction against violation of fundamental right. You file Writ Petition under Article 226 of the Constitution when your fundamental rights are affected. While filing the Writ Petition, necessary copies of documents needs to be annexed. Format of Writ Petition seeking direction from the High Court against the Government authority is given below. It can be downloaded in MS Word format also, so that you can prepare it on the basis of draft Writ Petition. There are five writ petition types in the Indian constitution, which you can file either before the High Court such as: 1. Habeas Corpus 2. Mandamus 3. Prohibition 4. Certiorari 5. Quo Warranto   SYNOPSIS 1. The Petitioners are filing the present Writ Petition under Article 226 of the Constitution of India Praying inter alia for issuing Writ of Mandamus and other appropriate Writ for directing the Respondent No. 1 to Release Respondent No. 4 from the premises of Respondent No. 5, seeking direction to Respondent No. 1 inquire into the incident of keeping Respondent No.4 in confinement by Respondent No. 5 in an illegal building without basic amenities and in un healthy conditions, conduct proper medical tests on Respondent No. 4 and also seeking Direction to Respondent No. 4 to take care of ailing Petitioners at their old age and provide maintenance to them under Section 4 of Maintenance of Parents and Senior Citizens Act 2007. 2. That the petitioners are Senior Citizens aged and years and Parents of Respondent No.4, _____________, who has been staying in the Premises of Respondent No. 5 ______________________ since July 20__. The Petitioners being senior citizens need the support of Respondent No. 4 to take care of their health, necessities etc. 3. That the Petitioners have strong doubts on the Respondent No. 5 kept their Respondent No. 4 under the influence of drugs or any other substance. 4. That Respondent No. 4 is an Engineer and was earning Rs. 24 Lakh a year and when she joined Respondent No.5. The Petitioners have strong doubt that Respondent No. 5 has trapped her for the sake of bank deposit. 5. That the Respondent No. 4 categorically told on ______ through phone that she is not interested to talk to the Petitioners as they are not left hope on her and continuously raising the issue in Court, government authorities, Media and Police stations. 6. That as per Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Children are obliged to maintain a senior citizen to the needs of such citizen so that senior citizen may lead a normal life. 7. That as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Application for maintenance should be filed in Tribunal, but due to the Peculiar situation in this matter, as the Respondent No. 4 is confined in the Ashram of Respondent No.5, the Petitioners are approaching this Hon'ble Court for Justice.  LIST OF DATES AND EVENTS 2016 Respondent No.4 stayed and studied Masters in Commerce. She started working for an approximate salary package of Rs. 24 lakhs a year.July 2016 Respondent No.4 came back to India and started staying in without intimating her parents. 2016-19 Petitioner No.2 made several complaints to Police and government authorities for return of their daughter. But there was no action on the part of the authorities. 15.1.20__ Respondent No.4 categorically told to the Petitioners on Mobile phone that she is not willing to meet or talk to them as they are continuously maligning the Respondents No. 5 by making complaints to Police and approaching Media. She has told to the Petitioners that since this Hon'ble court expressed helplessness in the pending PIL, nothing will happen to the Respondents No. 5.__.02.20__ Hence the instant Writ Petition   IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION  WRIT PETITION (CIVIL) NO. OF 2020 IN THE MATTER OF: A B C                     ... PETITIONERS VERSUS XYZ                     ... RESPONDENTS WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF MANDAMUS AND OTHER APPROPRIATE WRIT FOR DIRECTING THE RESPONDENT NO. 1 TO RELEASE RESPONDENT NO. 4 FROM THE PREMISES OF RESPONDENT NO. 5, SEEKING DIRECTION TO RESPONDENT NO. 1 INQUIRE INTO THE INCIDENT OF KEEPING RESPONDENT NO.4 IN CONFINEMENT BY RESPONDENT NO. 5 IN AN ILLEGAL BUILDING WITHOUT BASIC AMENITIES AND IN UN HEALTHY CONDITIONS, CONDUCT PROPER MEDICAL TESTS ON RESPONDENT NO. 4 AND ALSO SEEKING DIRECTION TO RESPONDENT NO. 4 TO TAKE CARE OF AILING PETITIONERS AT THEIR OLD AGE AND PROVIDE MAINTENANCE TO THEM UNDER SECTION 4 OF MAINTENANCE OF PARENTS AND SENIOR CITIZENS ACT 2007.To ,The Hon'ble Chief Justice of High Court,And His Companion Judges of the Hon'ble High Court of Delhi. The humble petition of the  Petitioner above named. MOST RESPECTFULLY SHOWETH: 1. The Petitioners are filing the present Writ Petition under Article 226 of the Constitution of India Praying inter alia for issuing Writ of Mandamus and other appropriate Writ for directing the Respondent No. 1 to Release Respondent No. 4 from the premises of Respondent No. 5, seeking direction to Respondent No. 1 inquire into the incident of keeping Respondent No.4 in confinement by Respondent No. 5 in an illegal building without basic amenities and in un healthy conditions, conduct proper medical tests on Respondent No. 4 and also seeking Direction to Respondent No. 4 to take care of ailing Petitioners at their old age and provide maintenance to them under Section 4 of Maintenance of Parents and Senior Citizens Act 2007.2. That Petitioner No. 1 is __ years old mother of Respondent No.4 and is a House wife. 3. That Petitioner No. 2 is father of Respondent No. 4 and he is __ years old. 4. That Respondent No. 4, is the daughter of Petitioner No. 1 and 2. 5. That the Petitioners being retired senior citizens need the support of their daughter as they do not have sons, no other person, to take care of their health, necessities etc. Petitioner No. 1 is suffering from various ailments like joints pain on legs, tooth pain which require root canal treatment and other old age problems. Petitioner No.2 is facing high blood pressure, heart related health issues and he requires regular medical check-up. The Petitioners are running pillar to post to get their constitutional rights. They have approached Delhi Police and Central Government to handover their daughter to them, but no action has been taken by the authorities against the Respondent No. 5, to release their daughter. 6. That the Petitioners have strong doubts on Respondent No. 5, that his team kept their daughter under the influence of drugs or any other substance. 7. It is submitted that the Petitioners have only one daughter Respondent No. 4 is living in the premises of Respondent No. 5 in Delhi, India and she deserted her senior citizen parents at their old age. 8. That as per Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Children are obliged to maintain a senior citizen to the needs of such citizen so that senior citizen may lead a normal life. Extracts of Section 4 of the Act is as under: "4. Maintenance of parents and senior citizens.-(1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of- (i) parent or grand-parent, against one or more of his children not being a minor; (ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2. (2) The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. (3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life. (4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such citizen or he would inherit the property of such senior citizen: Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property." True copy of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is annexed herewith and marked as Annexure P-1.9. That as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Application for maintenance should be file in Tribunal, but due to the Peculiar circumstances in this matter as the Respondent No.4 is confined in the Building of Respondent No. 5 the Petitioners are approaching this Hon'ble Court for Justice. 10. That on April ____ the Petitioners filed complaint with Station House Officer, Police Station ___________ New Delhi requesting appropriate action in securing their daughter safely from the centre. Copy of the letter dated April 1, 2016 sent by the Petitioners to SHO, ___________ Police Station is annexed herewith and marked as Annexure P-2. 11. That on April _____the Petitioners wrote to the Delhi Commission for women, ITO, New Delhi requesting them to take appropriate action in securing their daughter safely from the centre and help in restoring peace to the family on humanitarian ground. Copy of the letter dated April ____ sent by the Petitioner to Delhi Commission for Women is annexed herewith and marked as Annexure P-3. 12. That Respondent No. 3 not yet arrested Respondent No. 5 against whom several serious criminal cases are registered by CBI. The Financial transactions of Respondent No. 5 are also needs to be verified by a competent authority. Because even after the hiding of founder of the Respondent No. 5, it has been running un interruptedly in an illegal/un authorised building and getting all kind of financial, strategic support. 13. That being aggrieved, the Petitioner has no other alternative remedy but to approach this Hon'ble Court and invoke Article 226 of the Constitution of India on the following amongst other grounds which are urged hereinafter without prejudice to each other. GROUNDS That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; A. Because the Petitioners being retired/ senior citizens need the support of their daughter as they do not have sons and no other person to take care of their health, necessities etc. The Petitioners are running pillar to post to get their constitutional rights. They have approached Delhi Police and Central Government to handover their daughter to them, but no action has been taken by the authorities against Respondent No. 5 to release their daughter. B. Because the Petitioners have strong doubts on Respondent No. 5 kept their daughter under the influence of drugs or any other substance. C. Because the Petitioners have only one daughter, Respondent No. 4 is living in the Ashram and she deserted her senior citizen parents. The Petitioners have no other close relatives to look after them. D. Because as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Application for maintenance should be file in Tribunal, but due to the Peculiar situation in this matter as the Respondent No. 4 is confined in the Ashram of Respondent No. 6 the Petitioners are approaching this Hon'ble Court for Justice. 14. That the Petitioners have no other efficacious remedy except to approach this Hon'ble Court by way of this Petition under Article 226 of the Constitution of India. 15. That the Petitioners have not filed any other petition, claim, suit or preceding in any court or tribunal throughout the territory of India regarding the matter in dispute.PRAYERSIn view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ of Mandamus or any other appropriate Writ to Respondent No. 1 to immediately release of Respondent No. 4, daughter of Petitioners from the custody of Respondent No. 5; b) Issue an appropriate Writ to the Respondent No. 4 to take care of her ailing parents, give maintenance to them as per Section 4 of Maintenance of Parents and Senior Citizens Act 2007; c) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY PRAY. THROUGH ADVOCATES FOR THE PETITIONERS Writ Petition of Habeas Corpus to High Court under Article 226 of Constitution to release a person, Quash order and pay compensation. The word habeas corpus literally means to have a body. A writ of habeas corpus is in the nature of an order upon the person who has detained another to produce the latter before the court, in order to let the court know on what ground he has been confined and set him free if there is no legal justification for the imprisonment. Sample format of Writ of Habeas Corpus to High Court is given below. This is only body of the Writ Petition. Please include other details also:     IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL ORIGINAL JURISDICTION  WRIT PETITION (CRIMINAL) NO. OF 2020 (UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: ______ S/O ___________ AGED ABOUT ____ YEARS RESIDENT OF __________  THROUGH ____ S/O ___, AGED  _____YEAR AS NEXT FRIEND                                                        PETITIONER VERSUS1. STATE GOVERNMENTHOME DEPARTMENTDELHI                                                                            RESPONDENT NO. 1 2. DISTRICT MAGISTRATE TEES HAZARI COURTNEW DELHI                                                                     RESPONDENT NO. 2 3. SUPERINTENDENTTIHAR JAILNEW DELHI                                                                     RESPONDENT NO. 3 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3 THEREBY QUASHING THE IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE PETITIONER AND GRANTING REASONABLE COMPENSATION TO THE PETITIONERTo,The Hon'ble Chief Justice of High Court,And His Companion Judges of the Hon'ble High Court of Delhi. The humble petition of the Petitioner above named. 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for issuing writ of habeas corpus to respondent no. 1, 2 and 3 thereby quashing the impugned order and directing the release of the petitioner and granting reasonable compensation to the petitioner. 2. That the petitioner resides in _________ and has been a law abiding citizen of India. 3. That on ___day of____, the Petitioner was arrested and detained for a period of 2 months in the Tihar Jail, New Delhi, wherein the Respondent No. 3 is the Superintendent, with an order passed by the Respondent No.1 dated ___under the National Security Act, 1980. A copy of the order by the Respondent No. 1 has been annexed herewith as Annexure 1. 4. That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner was not informed about the grounds of his detention by Respondent No. 3. 5. That after Ten days of getting arrested and detained, the Petitioner was informed of his ground of arrest and detention. 6. The report of the ground of detention was furnished to the Petitioner in English, which is not understood by the Petitioner. 7. The Petitioner's father is interested in the release of the Petitioner from the detention. 8. That the Petitioners have no other efficacious remedy except to approach this Hon'ble Court by way of this Petition under Article 226 of the Constitution of India. 9. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter. 10. Therefore, the order by Respondent No. 1 dated______, is illegal, arbitrary and with lack of jurisdiction because of the following grounds given below:-   GROUNDS That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; a. Because the grounds of detention were furnished to the Petitioner after prolonged delay. b. Because the Petitioner's detention is violative of Article 21 of the Indian Constitution. c. Because the grounds of detention of the Petitioner was given in English, which is not comprehensible for the Petitioner. d. Because he grounds of detention is very arbitrary and vague. PRAYERS In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned order; b) Issue an appropriate Writ Directing release of the Petitioner; c) Issue appropriate Writ granting reasonable compensation to the Petitioner; d) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New Delhi Date:    OTHER INFORMATION, DOCUMENTS TO BE INCLUDED WITH WRIT PETITION 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition 8. Application for exemption from filing certified copies, dim and small font annexures with affidavit. 9. Vakalatnama on behalf of the petitioner. Writ Petition of Mandamus to High Court under Article 226 of Constitution to quash termination order, Reinstate Petitioner and pay back wages. Format of Writ Petition seeking mandamus to the High Court under Article 226 of the Constitution.  Download Format. A writ of mandamus is a direction to an authority to either do or refrain from doing a particular act. For instance, a writ to the Police Department to to strictly enforce Traffic Rules under the Acts. For a mandamus to be issued, it must be shown: a) That the authority was under obligation, statutory or otherwise to act in a particular manner; b) that the said authority failed in performing such obligation; c) that such failure has resulted in some specific violation of a fundamental right of either the petitioner or an indeterminate class of persons. Sample and brief format of Writ of Mandamus to High Court is given below. This is only body of the Writ Petition. Please include other details also:    IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF:1. ________________________S/o ______________________ R/o_______________________                                         PETITIONERVERSUS1. ABC Company Ltd having its registered office at_____ Through its Chairman____                                                 RESPONDENT NO. 1 2. The Managing Director ABC Company Ltd                                                             RESPONDENT NO. 2WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR QUASHING THE IMPUGNED ORDER DATED ____PASSED BY RESPONDENT NO.1 AND REINSTATING THE PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES To, The Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble High Court of Delhi. The humble petition of the Petitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for quashing the impugned order dated ____ passed by Respondent No. 1______ and reinstating the petitioner in service with all consequential benefits including back wages. 2. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights guaranteed by the Constitution of India. 3. That respondent No. 1 is a company registered under the Companies Act, 2013 having its registered office at_________. 4. That respondent No. 2 is the Managing Director of the Company with powers of Appointment, termination and manage all day to day affairs of the Company. 5. The respondent-company is wholly owned by the Government of India and is, thus, an instrumentality of state is given in Article 12 of the Constitution. 6. That the petitioner was working as ______________ with respondent-company and was appointed on _______. He has been a diligent employee and been discharging his duties and obligations according to the employment norms and applicable rules of the Respondent Company. 7. That on_____ respondent No. 2 issued the impugned order dated_____ terminating the services of the petitioner without giving an opportunity to be heard to the Petitioner. The petitioner came to be relieved of his duties on ______. A copy of the impugned order is annexed hereto and marked as ANNEXURE-1. 8. The Petitioner states that the order of the termination of the service of the Petitioner was passed without following the due process of the principle of nature justice. 9. That the Petitioner has been discharging his duty as an employee according to the Respondent Company norms and therefore has not committed any act which would constitute as misconduct.   GROUNDS10. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; a. Because the petitioner being a permanent employee of the respondent-company his services could not be terminating without holding an enquiry under the rules applicable to the employees of the company. b. Because the termination of the Petitioner is against the principle of natural justice as the Respondent was not given opportunity to heard. d. Because the impugned order is arbitrary and contravenes Article 14 and Article 21 of the Constitution. 11. That the Petitioners have no other efficacious remedy except to approach this Hon'ble Court by way of this Petition under Article 226 of the Constitution of India. 12. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter. PRAYERS In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ of Mandamus to the Respondent 1 with a direction for quashing the impugned order and reinstating the Petitioner in service with all consequential benefits including back wages; b) Issue an appropriate Writ Directing the Respondents to pay Cost to the Petitioner; c) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New Delhi Date:     OTHER DOCUMENTS TO BE INCLUDED WITH WRIT PETITION OF MANDAMUS 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition 8. Application for exemption from filing certified copies, dim and small font Annexure with affidavit. 9. Vakalatnama on behalf of the petitioner. Writ Petition seeking Writ of Prohibition from High Court under Article 226 of Constitution to prohibit Respondents from proceeding with disciplinary action. Format of Writ Petition seeking Writ of Prohibition from the High Court under Article 226 of the Constitution.  Download Format. A writ of prohibition issues to prevent a judicial authority subordinate to the High Court from exercising jurisdiction over a matter pending before it. This could be on the ground that the authority lacks jurisdiction and further that prejudice would be caused if the authority proceeds to decide the matter. Where the authority is found to be biased and refuses to rescue, a writ of prohibition may issue. Sample format of Writ of Prohibition to High Court is given below. This is only body of the Writ Petition. Please include other details also:     IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: 1. Mr. ____________ son of _________Resident of _________                                                     PETITIONERVERSUS1. _____ Company Ltd New Delhi                                                                     RESPONDENT NO. 1 2. Manager Accounts Accounts Department____ Company Ltd New Delhi                                                                     RESPONDENT NO. 23. The Chief Executive Officer_____ Company Ltd New Delhi                                                                     RESPONDENT NO. 3WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF PROHIBITION TO THE RESPONDENTS, PROHIBITING THEM FROM PROCEEDING FURTHER WITH THE DISCIPLINARY PROCEEDING ON THE BASIS OF THE ENQUIRY REPORT OF RESPONDENT NO. 2.To , The Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble High Court of Delhi. The humble petition of the Petitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of prohibition to the respondents , prohibiting them from proceeding further with the disciplinary proceeding on the basis of the enquiry report of respondent No. 2.   2. That, the Petitioner was appointed as the Accounts Executive of Respondent No.1, a Government Company, having its registered office at ___________ on _________.   3. That Respondent No. 1 Company is discharging public functions and financed by the State of _________, and is a "State" under Article 12 of the Indian Constitution. Therefore, this petition against the Company is amenable before this Honbl'e Court. 4. The Petitioner has served the Company as Accountant for the period of 2 years before being promoted as the Accounts Executive. The Petitioner has been a diligent employee of the Company since the date of his appointment. 5. That, on _____, while serving as Accounts Executive, he was served with a disciplinary notice stating his inefficiency in performance. Copy of the disciplinary Notice is Annexed herewith and Attached as Annexure P1. 6. The enquiry into the said charges was made by the Accounts Manager of the Company. On the basis of the report of Respondent No. 2 which was send to the Respondent 3 a show cause notice dated _________ was sent to the Petitioner, stating why he should not be dismissed from service. A copy of the said show cause notice is Annexed herewith and attached as Annexure-P2. 7. That according to the Company Rules, the enquiry into the disciplinary charges is to be only made by the third party enquiry officer. The enquiry was made by a person not duly authorized to do so, i.e. Respondent No.2. GROUNDS 8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; i. Because the procedure adopted by the Company in initiating disciplinary proceedings is against the Company's rules i.e. Rule _____and regulations. ii. Because the enquiry report of the Respondent No. 2 is not valid as he is the Reporting Manager of the Petitioner. The Petitioner had filed Complaint to the Management of the Company against Respondent No. 2 on ______ with corruption allegation and siphoning of funds. So Respondent No. 2 has personal enmity to the Petitioner due to reporting of his corruption case to the management. iii. Because the Respondent No. 2 does not have the jurisdiction to prepare an enquiry report as per the Company's Rules and Regulations. PRAYERS In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ in the nature of Prohibition to the Respondents Prohibiting them from proceeding further with the disciplinary proceeding on the basis of the enquiry report of Respondent No.2; b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New Delhi Date:   OTHER INFORMATION, DOCUMENTS TO BE ATTACHED WITH WRIT PETITION 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition 8. Application for exemption from filing certified copies, dim and small font annexures with affidavit. 9. Vakalatnama on behalf of the petitioner. Writ Petition seeking Writ of Certiorari in High Court under Article 226 of Constitution to quash order of an order. Format of Writ Petition seeking Writ of Certiorari in the High Court under Article 226 of the Constitution.  Download Format. A writ of certiorari is a direction to an authority to produce before the Court the records on the basis of which a decision under challenge in the writ petition has been taken. By looking into those records, the Court will examine whether the authority applied its mind to the relevant materials before it took the decision. If the Court finds that no reasonable person could come to the decision in question, it will set aside (quash) that decision and give a further direction to the authority to consider the matter afresh. Sample format of Writ of Certiorari to High Court is given below. This is only body of the Writ Petition. Please include other details also:     IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: 1. Mr. ____________ son of _________Resident of _________                                                     PETITIONERVERSUS1. State of _____Pollution Department                                                      RESPONDENT NO. 1 Through its Secretary 2. South Delhi Municipal CommissionerNew Delhi                                                                     RESPONDENT NO. 23. Pollution Control DepartmentNew Delhi                                                                     RESPONDENT NO. 3WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE RESPONDENT NO. 3.To ,The Hon'ble Chief Justice of High Court,And His Companion Judges of theHon'ble High Court of Delhi. The humble petition of the Petitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Certiorari to the respondents and quash order dated ______ passed by respondent No. 3.   2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.   3. That the Petitioner runs a Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi. 4. The Petitioner has obtained all necessary licenses and permission from the State and local authorities according to the applicable laws of India for conducting his business. 5. That Petitioner held a ______ License No. ______dated____, and has been carrying on this business for the last ten years and has gained a good reputation for his service in India. A copy of the ____ License has been annexed hereunder as ANNEXURE P1. 6. The Petitioner on _____ received a notice from the Respondent No. 3 to show cause and give explanation that why should not his license be revoked for polluting the environment through effluents from Coffee House. The notice also required the Petitioner to produce the license before the Respondent No. 3. A copy of the notice has been annexed hereunder as ANNEXURE P2. 7. The Petitioner pursuant to the notice dated____, submitted his explanation, wherein he stated that he did not pollute the environment from running the coffee shop and effluents from coffee shop is very limited and directly processing it.   8. Thereafter, the Respondent No.3, cancelled the ________ license of the Petitioner without giving proper consideration to the submission of the Petitioner by order dated ___.   8. The Petitioner aggrieved by the impugned order of the Respondent has approach this Hon'ble Court.   9. The Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary and void amongst other.  GROUNDS8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; A. Because Respondent No. 3 have issued cancellation order in violation of the principle of natural justice. B. Because Respondent No. 3 have not applied their minds to the facts of the case. C. Because order dated____ by issued by Respondent No. 3 is in violation of Article 19(1)(g) of the Indian Constitution.PRAYERSIn view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ in the nature of Certiorari to the Respondents and quash order dated ____ passed by Respondent No.3; b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New DelhiDate:     OTHER DOCUMENTS TO BE ATTACHED WITH WRIT OF CERTIORARI PETITION 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition including impugned order and relevant other orders 8. Application for exemption from filing certified copies, dim and small font annexures with affidavit. 9. Vakalatnama on behalf of the petitioner. Writ Petition seeking Writ of Quo Warranto in High Court under Article 226 of Constitution to cancel illegal appointment order and remove person illegally appointed. Format of Writ Petition seeking Writ of Quo Warranto in the High Court under Article 226 of the Constitution.  Download Format. A petition seeking a writ of quo warranto questions the legal basis and authority of a person appointed to public office. For instance, the appointment of a member of a Railway Board not qualified to hold the post can be questioned by a writ of quo Warranto and appointment nullified if found to be illegal.A writ of declaration issues to declare an executive, legislative or quasi- judicial act to be invalid in law. A petition seeking such declaratory relief must also necessarily seek certain consequential relief. For instance, immediate discontinuance of the illegal practice and appropriate remedial compensation. Sample format of Writ of Quo Warranto to High Court is given below. This is only body of the Writ Petition. Please include other details also:     IN THE HIGH COURT OF DELHI AT NEW DELHICIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: 1. Mr. ____________ son of _________Resident of _________                                                     PETITIONERVERSUS1. _____________ ___________ College New DelhiThrough its Principal                                                              RESPONDENT NO. 1   2. The Chairman University Grant Commission New Delhi                                                                             RESPONDENT NO. 2   3. Mr. _________________ Assistant Professor ___________ College                                                           RESPONDENT NO. 3New Delhi WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO THE RESPONDENTS AND REMOVE RESPONDENT NO. 3 FROM THE POST OF ASSISTANT PROCESSOR.To ,The Hon'ble Chief Justice of High Court,And His Companion Judges of theHon'ble High Court of Delhi. The humble petition of the Petitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Quo Warranto to the respondents and remove Respondent No. 3 from Assistant Professor Post.   2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.   3. That the Petitioner has approached this Hon'ble Court seeking issuance of a writ in nature of a Quo Warranto against Respondent No. 3, questioning his appointment and for his consequent removal from the post of the Assistant Professor.   4. That, on__________, the Respondent No. 3 has been appointed as Assistant Professor with _____________ College. Copy of Appointment letter is attached herewith and marked as Annexure P1. 5. That Respondent No. 3 has not qualified NET examination and not eligible to appoint as Assistant Professor as per the UGC Regulations to appoint as Assistant Professor. His appointment is in violation of Section ____ of UGC Act and UGC Notification Dated ______. Copy of relevant sections of UGC Act and UGC Notification dated _____ is attached herewith and marked as Annexure P2. 6. The Petitioner aggrieved by the impugned Appointment order of the Respondent No. 1 has approach this Hon'ble Court.   9. The Petitioner submits that the order dated ______by Respondent No. 1 is in Violation of UGC Act and UGC Notification regarding qualification of teachers to be appointed in colleges.  GROUNDS8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; A. Because the appointment order dated ______ is in violation of UGC Act. B. Because Respondent No. 3 has not cleared National Education Test examination, hence he is not eligible to be appointed as Assistant Professor in a Government College under UGC. C. Because UGC Notification dated____ clearly states that a Person qualified NET examination only can be appointed as Assistant professor in a College. D. Because the appointment is illegal and unsustainable in law as the eligibility conditions are totally ignored / violated. PRAYERSIn view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ in the nature of Quo Warranto to the Respondents to remove Respondent No. 3 from the Post of Assistant professor; b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY:(________________)ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New DelhiDate:   DOCUMENTS TO BE ATTACHED WITH WRIT  PETITION OF QUO WARRANTO 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition including impugned appointment / other order and relevant documents 8. Application for exemption from filing certified copies, dim and small font annexures with affidavit. 9. Vakalatnama on behalf of the petitioner.

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