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Friendly Loan Complaint In the Court of Hon’ble Judicial Magistrate ________ _______, R/o _______         …..Complainant.    VERSUS 1- _______, 2- _______        …..Accused.   Criminal Complaint Under Section _______of Negotiable Instruments read with Section _______ of the Act & Under Section _______ I.P.C. Sir, The complainant most respectfully submits as under:-1- That the accused and the complainant are having friendship relations since long time and are well known to each other. The accused requested the complainant to lend some money as friendly loan as the accused was in dire need of money for his some urgent work. Keeping in view friendly relations the complainant could not ignore the requests of the accused and he gave a friendly loan of _______/- to the accused on _______. At the time of taking this loan amount the accused assured to repay the same to the complainant within the period of _______months positively.2- That after admitting their liability to refund/repay the outstanding amount/debt, the accused No. 2 being the _______ of the accused No.1 company issued account payee Cheque No. _______ dated _______ for _______/- drawn on _______ in favour of the complainant.3- That as per the instructions and directions of the accused the complainant presented the said Cheque for encashment through its Banker i.e. _______ on _______but to the utter surprise of the complainant the above-said Cheque was dishonoured by the banker of the accused i.e _______ due to the reason “Funds Insufficient / _______” vide _______ cheque return Memo dated _______. The intimation in this regard was communicated to the complainant by his banker4- That at the time of issuing the above mentioned Cheque the accused was well aware that the said Cheque would be dishonoured due to the _______ as the accused had no _______ in the accused Bank Account to encash the same. Thus the accused have committed an offence Under Section ___ of the _______ and Under Section _____ of _______ as the accused issued the false and bogus Cheque intentionally to cheat the complainant and the accused are liable to be punished and prosecuted as per the provisions of the Act.5- That at the inception the intention of the accused was to cheat and defraud the complainant at the time of taking the personal loan amount from the complainant and the accused had a malafide and dishonest intention to obtain the personal loan amount and not to refund the payment for the same. The accused induced the complainant to believe that he would refund the loan amount to the complainant but he intentionally and deliberately did not refund the same as he had dishonest intention. Thus the accused has damaged to the mind, body and reputation of the complainant and has committed an offence of cheating.6- That the complainant resides at _______, banker of the accused is situated at _______, the demand was made from _______, and thus entire cause of action accrued in favour of the complainant within the territorial jurisdiction of this Hon’ble court and therefore the present complaint is maintainable in the present form. PRAYER:- It is, therefore, most respectfully prayed that in view of the submissions made in the foregoing Paras of this complaint and in view of offences committed by the accused Under Section _______ of _______ read with section ___ of the Act and Under Section ___, the accused may kindly be summoned and punished by this Hon’ble court as per the provisions and requirement of law. Dated: _______        Complainant  Through counsel___________ Advocate, _______ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Protection of Women from Domestic Violence Act, Code of Criminal Procedure, Section 125 Format of Petition under Section 127(1) of Criminal Procedure code for modification of order passed under Section 125 of Code of Criminal Procedure, Download Word Document In English. (Rs.130/-) Download PDF Document In Marathi. (Rs.130/-) IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__   IN THE MATTER OF: MR. H_________                                                                APPLICANT VERSUS MRS. W __________                                                           RESPONDENT   APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________ MOST RESPECTFULLY SHOWETH:  The Applicant, above named submits as under: 1. That the Applicant is Husband of the Respondent. 2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. 2. That the and the Respondent have been living separately since ___________. 3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________. 4. That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1. 5. That the Applicant has been paying the interim maintenance to the Respondent and has been abiding with order of this court.6. That the Applicant submits that with the reference arrears, the sum has been paid in 4 installments. Proof for payment of arrears is attached herewith and marked as Annexure P2.7. That the Applicant has a pre-existing liability of Home Loan from (______Bank) for a contingent property in (CNB_______ Address), prior to the marriage. Copy of the loan installment schedule is attached herewith and marked as Annexure P2.      8. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.9. That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated _________ may be varied, modified and reversed.10. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Proof of employment of Respondent is attached herewith and marked as Annexure P2. 11. That the Applicant is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for him, apart from managing his own financial liability.12. That the Applicant submits that he is ready to pay the amount of maintenance as would be calculated and decided as a result of the arguments for interim maintenance and craves a stay on the interim order which was passed in favor of the respondent.13. That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent.14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner. 15. 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 Petitioner, therefore, prays: a) this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. APPLICANT THROUGH______________., Advocate Place : Date : VERIFICATION I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me. Signed and verified this _______ day of _______ 20 _______ at _______  PETITIONER   Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__  IN THE MATTER OF: MR. H_________                                                                PETITIONER VERSUS MRS. W __________                                                           RESPONDENT   AFFIDAVIT I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows: 1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case. 2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events. 4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.   Signed at ___________ this ___________ day of ___________20__   DEPONENT VERIFICATION I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______  DEPONENT Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, format to file with the Magistrate. APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 IN THE MATTER OF: MRS. W_________                                                            COMPLAINANT VERSUS MR. H __________                                                           RESPONDENT Police Station : _ MOST RESPECTFULLY SHOWETH: The Applicant submits as under: That the Petitioner No. 1 is legally wedded wife of the Respondent. 1. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person       ____ (b) Protection Officer    _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required   (i) Protection Orders Under Section 18: [] Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. [] Prohibiting Respondent9s) from entering the school/ college/ workplace [] Prohibiting from stopping the applicant from going to my place of employment [] Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. [] Prohibiting from stopping the applicant from going to my school [] Prohibiting any form of communication by the Respondent with the Applicant [] Prohibiting alienation of Assets by the Respondent [] Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. [] Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them [] Any other Conditions, Please specify ________________   (ii) Residence Order Under Section 19 An order restraining Respondent (s) from [] Dispossessing or throwing out the applicant from the shared household [] Entering that portion of the shared household in which the applicant resides [] Alienating/disposing/encumbering the shared household [] Renouncing his rights in the shared household [] An order entitling the Applicant continued access to personal effects of the Applicant. [] An order directing Respondent (s) to [] Remove himself from the shared household [] Secure same level of alternate accommodation or pay rent for the same [] Any other orders, Please Specify _________________   (iii) Monetary Relief under section 20 []Loss of earnings, amount claimed [] Medical expenses, amount claimed [] Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ [] Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ [] Total Amount Claimed _______ [] Any other amount, Please Specify _____________   (iv) Monitory Relief under Section 20 [] Directing the Respondent to pay the following expenses as monetary relief [] Food, Clothes, Medications and other basic amenities ___Amount ___ per Month [] School fees and related expenses _____ Amount ____ per month [] Household Expenses _____ Amount _____ per Month [] Any other Expenses ____ Amount _____ per month [] Any other orders, please specify _____________________________   (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: [] Aggrieved person- Applicant [] Any other person on her behalf, details of such person ________   (vi) Compensation order under Section 22   (vii) Any other order, Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______       Disposed off, Details of Relief ___________ (b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___       Disposed off, Details of Relief ___________ (c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____       Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____       Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.       Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody      - For Less than a Week      - For Less than a month      - For More than one month      Specify Period ___________________________________ (g) Any other Order __________________________________   P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date:   COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT   Note Application under Section 12 of Domestic Violence Act for protection must be supported with the following Documents. 1. Affidavit of the Applicant 2. Copy of Marriage Certificate 3. Details of cases pending if any between the parties 4. Copy of order for interim or final maintenance order, if applicable 5. Copy of complaint given to police if any IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF:  MRS. W_________                                                            APPLICANT VERSUS MR. H __________                                                           RESPONDENT  APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 MOST RESPECTFULLY SHOWETH: The Applicant submits as under: 1. That the Petitioner No. 1 is legally wedded wife of the Respondent. 2. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person       ____ (b) Protection Officer    _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required (i) Protection Orders Under Section 18:  Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. Prohibiting Respondent9s) from entering the school/ college/ workplace Prohibiting from stopping the applicant from going to my place of employment Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. Prohibiting from stopping the applicant from going to my school Prohibiting any form of communication by the Respondent with the Applicant Prohibiting alienation of Assets by the Respondent Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them Any other Conditions, Please specify ________________ (ii) Residence Order Under Section 19 An order restraining Respondent (s) from Dispossessing or throwing out the applicant from the shared household Entering that portion of the shared household in which the applicant resides Alienating/disposing/encumbering the shared household Renouncing his rights in the shared household An order entitling the Applicant continued access to personal effects of the Applicant. An order directing Respondent (s) to Remove himself from the shared household Secure same level of alternate accommodation or pay rent for the same Any other orders, Please Specify _________________ (iii) Monetary Relief under section 20 Loss of earnings, amount claimed Medical expenses, amount claimed Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ Total Amount Claimed _______ Any other amount, Please Specify _____________ (iv) Monitory Relief under Section 20 Directing the Respondent to pay the following expenses as monetary relief Food, Clothes, Medications and other basic amenities ___Amount ___ per Month School fees and related expenses _____ Amount ____ per month Household Expenses _____ Amount _____ per Month Any other Expenses ____ Amount _____ per month Any other orders, please specify _____________________________ (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: Aggrieved person- Applicant Any other person on her behalf, details of such person ________ (vi) Compensation order under Section 22 (vii) Any other order, Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______       Disposed off, Details of Relief ___________ (b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___       Disposed off, Details of Relief ___________ (c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____       Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____       Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.       Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody      - For Less than a Week      - For Less than a month      - For More than one month      Specify Period ___________________________________ (g) Any other Order __________________________________   P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date:  COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT Written submission format for Domestic Violence Complaint under Section 12 claiming Relief under Section 18, 19, 20, 21 and 22 of The Protection of Women from Domestic Violence Act, 2005. Format of Written Submission to Complaint under Section 12 of Domestic Violence Act claiming relief under section 18, 19, 20, 21 and 22 of the Act, download format. IN THE COURT OF _____________, LEARNED METROPOLITAN MAGISTRATE, MAHILA COURT, __________ COURTS, NEW DELHI COMPLAINT CASE NO. ____ OF 20__ IN THE MATTER OF :________________________________ COMPLAINANTVERSUS________________________________ RESPONDENT WRITTEN ARGUMENT ON BEHALF OF THE COMPLAINANT IN APPLICATION U/S 12 R/W SECTION 17, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR GRANT OF RIGHT TO CONTINUE RESIDING IN THE MATRIMONIAL HOUSE WITHOUT INTERFERENCE AND THREAT, PROTECTION ORDERS, MONETARY RELIEF, COMPENSATION AND ANY OTHER RELIEF WHICH THIS HON'BLE COURT MAY DEEM FIT AND PROPER.MOST RESPECTFULLY SHOWETH: 1. That the above noted complaint is pending adjudication before this Hon'ble Court and is fixed for hearing on ____________. 2. That the summons of the complaint has already been issued to the defendants and the defendants have also put in appearance in the matter. 3. That the Defendant has filed his reply to the complainant and the Complainant has filed rejoinder to it on ______. 4. That the Complainant has filed affidavit showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma on _______. 5. That the Defendant has also filed his affidavit showing income and expenditure on __________, but not filed copy of Latest Income Tax Return i.e. for Financial Year __________). 6. The Complainant most respectfully submit the following written arguments in support of contentions, submissions and facts already placed and submitted on the records and the oral arguments so adduced. 7. That the Complainant got married to the Respondent on ____________ in accordance with Hindu rites and ceremonies at _____. No issue was born from this wedlock. 8. That the Respondent is working as Manager with ___________ India Ltd at __________. The Complainant came to live in the matrimonial home at New Delhi with the Respondent after Marriage. 9. The father of the Complainant had given Rs. ______ in Tilak to the Respondent. In addition to this, an __ car was given. The marriage was a lavish affair. Lots of gifts, jewellery etc was given by her father who is a retired school teacher and had to sell some property, borrow from others and exhaust all his savings to arrange the marriage of the complainant. 10. That the respondent husband, his father and sister were not happy with the Dowry and other gifts. They have showed their annoyance soon after marriage. 11. The Respondent started tormenting her almost immediately after marriage. He used to poke and provoke her and instigated her to react to his misdemeanor and later record the same on his mobile phone. 12. That as per the affidavit the Respondent is earning Gross income of Rs. _________/- per year. The Respondent not yet produced his income tax Return for the Financial Year _____ to ascertain his current income. Even though the Respondent is earning huge salary the complainant had to starve for money even for her basic needs. Her father used to help her by sending money even for the daily necessaries. 13. That the Complainant had no history of illness of any kind before marriage. The Respondent/husband by his cruel and atrocious behavior, assisted by his sister tormented her so much that she went into depression. 14. That the complainant was the target of unprovoked physical and mental abuse by the Respondent. The father in law of the complainant had also created very embarrassing and inexplicable situations at times. 15. That the respondent constantly made indecent and vulgar comments about the sister of the complainant, who still leaves with her as she has not come out of depression completely and the doctor advised that she should not be left alone. 16. That the Respondent has denied conjugal relations to the Complainant. He says that the complainant does not meet his level of liking. The respondent picks up quarrels on the flimsiest of excuses. 17. That on _______, the respondent / husband picked up a quarrel and started slapping the complainant. He pulled her by hair and kicked her in the abdomen. She somehow called PCR and a DD entry was registered at ___________ Police Station. 18. That in ________, the respondent and his sister came together in the night and thrashed the complainant in black and blue alleging falsely that she blamed him of incest. 19. That the respondent, in order to avoid his own liability has filed a petition u/s 13(1)(ia) of Hindu Marriage Act against the complainant wherein he made all kinds of baseless allegations against her. 20. That the above said petition was withdrawn when the parties entered into a settlement agreement dated _______ in HMA Suit No. ____ titled "___________", which was to be executed on _______, but it was never executed. In fact the Complainants lawyers had prepared a mutual consent divorce petition as per the agreement and handed over to the Respondent for his signatures. The Respondent kept the petition for few months in his custody and returned back it to the complainant without his signature. 21. That the Complainant has already submitted before this Hon'ble Court in her rejoinder that even now she is ready to settle the issue as per the settle agreement dated _____________, under the supervision of this Hon'ble Court, if the Respondent is ready to execute the terms of the agreement. 22. That the Respondent has not disclosed full information about his educational qualification in the affidavit filed by him showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma. 23. That the Respondent has shown huge amount of expenses i.e. Rs. ________/- per month against his net income of Rs. ________/- to avoid his liability to pay maintenance, medical expenses, compensation and other claims to the Complainant. 24. That the Respondent is giving only Rs. _____/- to Rs. _____/- per week to the Complainant for household expenses from which the expenses of Respondent also is being managed. The other expenses being born by the Respondent is rent of Rs. ______/- per month. 25. That the Respondent has claimed huge amount of monthly expenses in his affidavit, but he is not spending any amount except mentioned about for the maintenance or expenses of the Complainant. 26. That the Affidavit filed by the Respondent shows his lavish life style. The Complainant also deserves to live her life according to the life standard of the Respondent. So the amount of maintenance and other claim made in the petition is justifiable. 27. That the Complainant is totally dependent on her parents for her daily needs of life and she has none to support, except the complainant/wife. 28. That the cause of action for filing the present petition arose immediately after marriage and continued thereafter because there was not even a single day without an act of emotional or physical violence. It arose on _______ when a DD entry was registered at PS _______ pursuant to a PCR call made by the complainant. Again on _______, when the respondent and his sister came together, beat her up and in sheer anger the respondent husband broke a few things give vent to his anger. The cause of action still persists because the cruelties have not ceased and continue unabated. 29. That the complaint is residing at Delhi within the territorial limits of the Court, hence the Ld. Court has the Jurisdiction to try and adjudicate this petition. 30. That many Judgments of the Hon'ble Supreme Court of India support the prayer of the Complainant. 31. That in V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183 the Hon'ble Apex Court upheld the maintenance allowed to the Respondent and directed to provide a sum of Rs. 10,000/- per month towards rental charges for acquiring accommodation of her choice. The Hon'ble Supreme Court held that: "11. Accordingly, in terms of Section 19 of the PWD Act, 2005, we direct the Petitioner to provide a suitable portion of his residence to the Respondent for her residence, together with all necessary amenities to make such residential premises properly habitable for the Respondent, within 29th February, 2012. The said portion of the premises will be properly furnished according to the choice of the Respondent to enable her to live in dignity in the shared household. Consequently, the sum of Rs.10,000/- directed to be paid to the Respondent for obtaining alternative accommodation in the event the Petitioner was reluctant to live in the same house with the Respondent, shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be paid to the Respondent in addition to the sum of Rs.6,000/- directed to be paid to her towards her maintenance. In other words, in addition to providing the residential accommodation to the Respondent, the Petitioner shall also pay a total sum of Rs.10,000/- per month to the Respondent towards her maintenance and day-to-day expenses." Copy of the Judgment of Supreme Court of India in V.D. Bhanot v. Savita Bhanot is annexed as Annexure WA-1 32. That in Saraswathy v. Babu (2014) 3 SCC 712 the Hon'ble Apex Court directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife. The Hon'ble Supreme Court held that: "15. We are of the view that the act of the respondent-husband squarely comes within the ambit of Section 3 of the PWD Act, 2005, which defines "domestic violence" in wide term. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force PWD Act, 2005 cannot be taken into consideration while passing an order. This is a case where the respondent-husband has not complied with the order and direction passed by the Trial Court and the Appellate Court. He also misleads the Court by giving wrong statement before the High Court in the contempt petition filed by the appellant-wife. The appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders under Section 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court under Section 20 (d) of the PWD, Act, 2005. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent-husband. Therefore, in addition to the reliefs granted by the courts below, we are of the view that the appellant-wife should be compensated by the respondent-husband. Hence, the respondent is hereby directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife.16. The order passed by the High Court is set aside with a direction to the respondent-husband to comply with the orders and directions passed by the courts below with regard to residence and maintenance within three months. The respondent-husband is further directed to pay a sum of Rs.5,00,000/- in favour of the appellant-wife within six months from the date of this order. The appeal is allowed with aforesaid observations and directions. However, there shall be no separate order as to costs." Copy of the Judgment of Supreme Court of India in Saraswathy v. Babu is annexed as Annexure WA-2 33. That in Smt. Rashmi Kumar vs Mahesh Kumar Bhada (1997) 2 SCC 397 the Hon'ble Apex Court held that the properties gifted to the wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. The Hon'ble Supreme Court held that: "It is thus clear that the properties gifted to her before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. He has no control over her stridhana property. Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner thereof." Copy of the Judgment of Supreme Court of India in Smt. Rashmi Kumar vs Mahesh Kumar Bhada is annexed as Annexure WA-334. That the Complainant requests the Hon'ble Court to permit and allow the Complainant to submit the present Written Arguments on record of matter in the interest of justice.     The Complainant prays that she may kindly be provided the following relief under the said Act. 1 Reliefa) Under the said Act, the complainant may be given protection, residence, the possession of her stridhan, jewelry and clothes etc. b) To stop further acts of domestic violence on her by the respondent. c) To allow her to live in the flat and to restrain the respondent from disposing her or threatening her directly and through his friends with physical harm. 2. Protection Orders The Complainant may kindly be granted protection and prohibit the respondents from: a. Committing any act of domestic violence. b. Aiding and abetting in the commission of acts of violence. c. Attempting to communicate in any form, whatever, with the complainant, oral or written or electronic or telephonic contact, just to torture or torment her. d. Alienating any assets, including her stridhan, jewellery or any other property. e. Causing violence to relatives or any person who give the complainant assistance from the domestic violence. f. Committing any other act as specified in the protection order. 3. Residence OrdersThe complainant humbly prays for pass a residence order: a) Restraining the respondent or any of his relatives from entering any portion of the household in which the complainant resides. 4. Monitory Relief The complainant humbly prays for passing an order as under: a. The medical expenses wherever necessary for the complainant. b. The maintenance of complainant considering the fact that the respondent has no other liability except the complainant, she should be given a maintenance allowance of Rs. _____ /- per month, considering the fact that the respondent earns gross salary of Rs. ______ /- per month. 5. Compensation Orders The complainant prays in addition to other relief as may be granted under this Act, to pay Rs. ______ /- and damages for injuries including mental torture, depression and emotional distress caused by the Acts of Deomstic Violence committed by the Respondent and the litigation expenses.     PRAYERIn the light of the submissions made above the complainant most humbly prays for the following reliefs: (a) Right to reside in the shared household U/s 17 of the said Act. (b) Protection orders U/s 18 of the Act. (c) Residence order U/s 19 of the Act in the flat. (d) Monetary reliefs U/s 20 of the Act. (e) Compensation order U/s 22 of the Act. Any other relief which this Hon'ble Court may deem fit in the eyes of law and in the interest of justice. COMPLAINANTTHROUGHADVOCATE FOR THE COMPLAINANT NEW DELHI     Affidavit format under Section 23(2) of The Protection of Women from Domestic Violence Act, 2005. Format of Affidavit under Section 23(2) to be attached with Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__  IN THE MATTER OF: MRS. W_________                                                            COMPLAINANT VERSUS MR. H __________                                                           RESPONDENT Police Station : _________________  AFFIDAVIT I, __________________ Wife of Mr. ________________ Resident of ______________________________, D/o Mr. _________________ R/o__________________________ presently residing at____________ do solemnly affirm and declare on oath as under: 1. That I am the Applicant in the accompanying Application for ____________ filed for myself and for my daughter / son. 2. That I am the Natural guardian of ______________________________. 3. That being conversant with the facts and circumstances of the case I am competent to swear this Affidavit. 4. That the Deponent had been living with the Respondent at _________ since ______ to ________ 5. That the details provided in the present Application for the grant of relief under Section (s) _________ have been entered into by the Deponent / at my instructions. 6. That the contents of the said application have been read over, explained to me in English/ Hindi / any other local language (Please specify ______________) 7. That the contents of the said application may be read as part of this affidavit and are not being repeated herein for the sake of brevity. 8. That the Applicant apprehends repetition of the acts of domestic violence by the Respondent (s) against which relief is sought in the accompanying application. 9. That the Respondent has threatened the applicant that ________________ 10. That the relief claimed in the accompanying application are urgent in as much as the applicant would face great financial hardship and would be forced to live under threat of repetition / escalation of acts of domestic violence complained of in the accompanying application by the Respondent (s) if the said reliefs are not granted on the ex parte ad interim basis. 11. That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. DEPONENT VERIFICATION Verified at ____________ (Place) on this___ day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and belief nothing in Material has been concealed therefrom. DEPONENT  Note The above affidavit should be attached with Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005.

Protection of Women from Domestic Violence Act, Download Word Document In English. (Rs.135/-) Download PDF Document In Marathi. (Rs.100/-) Code of Criminal Procedure, Section 125 Format of Petition under Section 127(1) of Criminal Procedure code for modification of order passed under Section 125 of Code of Criminal Procedure, IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__   IN THE MATTER OF: MR. H_________                                                                APPLICANT VERSUS MRS. W __________                                                           RESPONDENT   APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________ MOST RESPECTFULLY SHOWETH:  The Applicant, above named submits as under: 1. That the Applicant is Husband of the Respondent. 2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. 2. That the and the Respondent have been living separately since ___________. 3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________. 4. That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1. 5. That the Applicant has been paying the interim maintenance to the Respondent and has been abiding with order of this court.6. That the Applicant submits that with the reference arrears, the sum has been paid in 4 installments. Proof for payment of arrears is attached herewith and marked as Annexure P2.7. That the Applicant has a pre-existing liability of Home Loan from (______Bank) for a contingent property in (CNB_______ Address), prior to the marriage. Copy of the loan installment schedule is attached herewith and marked as Annexure P2.      8. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.9. That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated _________ may be varied, modified and reversed.10. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Proof of employment of Respondent is attached herewith and marked as Annexure P2. 11. That the Applicant is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for him, apart from managing his own financial liability.12. That the Applicant submits that he is ready to pay the amount of maintenance as would be calculated and decided as a result of the arguments for interim maintenance and craves a stay on the interim order which was passed in favor of the respondent.13. That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent.14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner. 15. 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 Petitioner, therefore, prays: a) this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. APPLICANT THROUGH______________., Advocate Place : Date : VERIFICATION I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.Signed and verified this _______ day of _______ 20 _______ at _______  PETITIONER   Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__  IN THE MATTER OF: MR. H_________                                                                PETITIONER VERSUS MRS. W __________                                                           RESPONDENT   AFFIDAVIT I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows: 1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case. 2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events. 4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.   Signed at ___________ this ___________ day of ___________20__   DEPONENT VERIFICATION I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______  DEPONENT Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, format to file with the Magistrate. APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 IN THE MATTER OF: MRS. W_________                                                            COMPLAINANT VERSUS MR. H __________                                                           RESPONDENT Police Station : _ MOST RESPECTFULLY SHOWETH: The Applicant submits as under: That the Petitioner No. 1 is legally wedded wife of the Respondent. 1. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person       ____ (b) Protection Officer    _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required   (i) Protection Orders Under Section 18: [] Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. [] Prohibiting Respondent9s) from entering the school/ college/ workplace [] Prohibiting from stopping the applicant from going to my place of employment [] Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. [] Prohibiting from stopping the applicant from going to my school [] Prohibiting any form of communication by the Respondent with the Applicant [] Prohibiting alienation of Assets by the Respondent [] Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. [] Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them [] Any other Conditions, Please specify ________________   (ii) Residence Order Under Section 19 An order restraining Respondent (s) from [] Dispossessing or throwing out the applicant from the shared household [] Entering that portion of the shared household in which the applicant resides [] Alienating/disposing/encumbering the shared household [] Renouncing his rights in the shared household [] An order entitling the Applicant continued access to personal effects of the Applicant. [] An order directing Respondent (s) to [] Remove himself from the shared household [] Secure same level of alternate accommodation or pay rent for the same [] Any other orders, Please Specify _________________   (iii) Monetary Relief under section 20 []Loss of earnings, amount claimed [] Medical expenses, amount claimed [] Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ [] Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ [] Total Amount Claimed _______ [] Any other amount, Please Specify _____________   (iv) Monitory Relief under Section 20 [] Directing the Respondent to pay the following expenses as monetary relief [] Food, Clothes, Medications and other basic amenities ___Amount ___ per Month [] School fees and related expenses _____ Amount ____ per month [] Household Expenses _____ Amount _____ per Month [] Any other Expenses ____ Amount _____ per month [] Any other orders, please specify _____________________________   (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: [] Aggrieved person- Applicant [] Any other person on her behalf, details of such person ________   (vi) Compensation order under Section 22   (vii) Any other order, Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______       Disposed off, Details of Relief ___________ (b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___       Disposed off, Details of Relief ___________ (c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____       Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____       Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.       Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody      - For Less than a Week      - For Less than a month      - For More than one month      Specify Period ___________________________________ (g) Any other Order __________________________________   P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date:   COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT   Note Application under Section 12 of Domestic Violence Act for protection must be supported with the following Documents. 1. Affidavit of the Applicant 2. Copy of Marriage Certificate 3. Details of cases pending if any between the parties 4. Copy of order for interim or final maintenance order, if applicable 5. Copy of complaint given to police if any IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF:  MRS. W_________                                                            APPLICANT VERSUS MR. H __________                                                           RESPONDENT  APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 MOST RESPECTFULLY SHOWETH: The Applicant submits as under: 1. That the Petitioner No. 1 is legally wedded wife of the Respondent. 2. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person       ____ (b) Protection Officer    _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required (i) Protection Orders Under Section 18:  Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. Prohibiting Respondent9s) from entering the school/ college/ workplace Prohibiting from stopping the applicant from going to my place of employment Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. Prohibiting from stopping the applicant from going to my school Prohibiting any form of communication by the Respondent with the Applicant Prohibiting alienation of Assets by the Respondent Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them Any other Conditions, Please specify ________________ (ii) Residence Order Under Section 19 An order restraining Respondent (s) from Dispossessing or throwing out the applicant from the shared household Entering that portion of the shared household in which the applicant resides Alienating/disposing/encumbering the shared household Renouncing his rights in the shared household An order entitling the Applicant continued access to personal effects of the Applicant. An order directing Respondent (s) to Remove himself from the shared household Secure same level of alternate accommodation or pay rent for the same Any other orders, Please Specify _________________ (iii) Monetary Relief under section 20 Loss of earnings, amount claimed Medical expenses, amount claimed Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ Total Amount Claimed _______ Any other amount, Please Specify _____________ (iv) Monitory Relief under Section 20 Directing the Respondent to pay the following expenses as monetary relief Food, Clothes, Medications and other basic amenities ___Amount ___ per Month School fees and related expenses _____ Amount ____ per month Household Expenses _____ Amount _____ per Month Any other Expenses ____ Amount _____ per month Any other orders, please specify _____________________________ (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: Aggrieved person- Applicant Any other person on her behalf, details of such person ________ (vi) Compensation order under Section 22 (vii) Any other order, Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______       Disposed off, Details of Relief ___________ (b)  Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___       Disposed off, Details of Relief ___________ (c)  Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____       Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____       Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act       Interim Maintenance Rs. ________ P.M.       Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody      - For Less than a Week      - For Less than a month      - For More than one month      Specify Period ___________________________________ (g) Any other Order __________________________________   P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date:  COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT Written submission format for Domestic Violence Complaint under Section 12 claiming Relief under Section 18, 19, 20, 21 and 22 of The Protection of Women from Domestic Violence Act, 2005. Format of Written Submission to Complaint under Section 12 of Domestic Violence Act claiming relief under section 18, 19, 20, 21 and 22 of the Act, download format. IN THE COURT OF _____________, LEARNED METROPOLITAN MAGISTRATE, MAHILA COURT, __________ COURTS, NEW DELHI COMPLAINT CASE NO. ____ OF 20__ IN THE MATTER OF :________________________________ COMPLAINANTVERSUS________________________________ RESPONDENT WRITTEN ARGUMENT ON BEHALF OF THE COMPLAINANT IN APPLICATION U/S 12 R/W SECTION 17, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR GRANT OF RIGHT TO CONTINUE RESIDING IN THE MATRIMONIAL HOUSE WITHOUT INTERFERENCE AND THREAT, PROTECTION ORDERS, MONETARY RELIEF, COMPENSATION AND ANY OTHER RELIEF WHICH THIS HON'BLE COURT MAY DEEM FIT AND PROPER.MOST RESPECTFULLY SHOWETH: 1. That the above noted complaint is pending adjudication before this Hon'ble Court and is fixed for hearing on ____________. 2. That the summons of the complaint has already been issued to the defendants and the defendants have also put in appearance in the matter. 3. That the Defendant has filed his reply to the complainant and the Complainant has filed rejoinder to it on ______. 4. That the Complainant has filed affidavit showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma on _______. 5. That the Defendant has also filed his affidavit showing income and expenditure on __________, but not filed copy of Latest Income Tax Return i.e. for Financial Year __________). 6. The Complainant most respectfully submit the following written arguments in support of contentions, submissions and facts already placed and submitted on the records and the oral arguments so adduced. 7. That the Complainant got married to the Respondent on ____________ in accordance with Hindu rites and ceremonies at _____. No issue was born from this wedlock. 8. That the Respondent is working as Manager with ___________ India Ltd at __________. The Complainant came to live in the matrimonial home at New Delhi with the Respondent after Marriage. 9. The father of the Complainant had given Rs. ______ in Tilak to the Respondent. In addition to this, an __ car was given. The marriage was a lavish affair. Lots of gifts, jewellery etc was given by her father who is a retired school teacher and had to sell some property, borrow from others and exhaust all his savings to arrange the marriage of the complainant. 10. That the respondent husband, his father and sister were not happy with the Dowry and other gifts. They have showed their annoyance soon after marriage. 11. The Respondent started tormenting her almost immediately after marriage. He used to poke and provoke her and instigated her to react to his misdemeanor and later record the same on his mobile phone. 12. That as per the affidavit the Respondent is earning Gross income of Rs. _________/- per year. The Respondent not yet produced his income tax Return for the Financial Year _____ to ascertain his current income. Even though the Respondent is earning huge salary the complainant had to starve for money even for her basic needs. Her father used to help her by sending money even for the daily necessaries. 13. That the Complainant had no history of illness of any kind before marriage. The Respondent/husband by his cruel and atrocious behavior, assisted by his sister tormented her so much that she went into depression. 14. That the complainant was the target of unprovoked physical and mental abuse by the Respondent. The father in law of the complainant had also created very embarrassing and inexplicable situations at times. 15. That the respondent constantly made indecent and vulgar comments about the sister of the complainant, who still leaves with her as she has not come out of depression completely and the doctor advised that she should not be left alone. 16. That the Respondent has denied conjugal relations to the Complainant. He says that the complainant does not meet his level of liking. The respondent picks up quarrels on the flimsiest of excuses. 17. That on _______, the respondent / husband picked up a quarrel and started slapping the complainant. He pulled her by hair and kicked her in the abdomen. She somehow called PCR and a DD entry was registered at ___________ Police Station. 18. That in ________, the respondent and his sister came together in the night and thrashed the complainant in black and blue alleging falsely that she blamed him of incest. 19. That the respondent, in order to avoid his own liability has filed a petition u/s 13(1)(ia) of Hindu Marriage Act against the complainant wherein he made all kinds of baseless allegations against her. 20. That the above said petition was withdrawn when the parties entered into a settlement agreement dated _______ in HMA Suit No. ____ titled "___________", which was to be executed on _______, but it was never executed. In fact the Complainants lawyers had prepared a mutual consent divorce petition as per the agreement and handed over to the Respondent for his signatures. The Respondent kept the petition for few months in his custody and returned back it to the complainant without his signature. 21. That the Complainant has already submitted before this Hon'ble Court in her rejoinder that even now she is ready to settle the issue as per the settle agreement dated _____________, under the supervision of this Hon'ble Court, if the Respondent is ready to execute the terms of the agreement. 22. That the Respondent has not disclosed full information about his educational qualification in the affidavit filed by him showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma. 23. That the Respondent has shown huge amount of expenses i.e. Rs. ________/- per month against his net income of Rs. ________/- to avoid his liability to pay maintenance, medical expenses, compensation and other claims to the Complainant. 24. That the Respondent is giving only Rs. _____/- to Rs. _____/- per week to the Complainant for household expenses from which the expenses of Respondent also is being managed. The other expenses being born by the Respondent is rent of Rs. ______/- per month. 25. That the Respondent has claimed huge amount of monthly expenses in his affidavit, but he is not spending any amount except mentioned about for the maintenance or expenses of the Complainant. 26. That the Affidavit filed by the Respondent shows his lavish life style. The Complainant also deserves to live her life according to the life standard of the Respondent. So the amount of maintenance and other claim made in the petition is justifiable. 27. That the Complainant is totally dependent on her parents for her daily needs of life and she has none to support, except the complainant/wife. 28. That the cause of action for filing the present petition arose immediately after marriage and continued thereafter because there was not even a single day without an act of emotional or physical violence. It arose on _______ when a DD entry was registered at PS _______ pursuant to a PCR call made by the complainant. Again on _______, when the respondent and his sister came together, beat her up and in sheer anger the respondent husband broke a few things give vent to his anger. The cause of action still persists because the cruelties have not ceased and continue unabated. 29. That the complaint is residing at Delhi within the territorial limits of the Court, hence the Ld. Court has the Jurisdiction to try and adjudicate this petition. 30. That many Judgments of the Hon'ble Supreme Court of India support the prayer of the Complainant. 31. That in V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183 the Hon'ble Apex Court upheld the maintenance allowed to the Respondent and directed to provide a sum of Rs. 10,000/- per month towards rental charges for acquiring accommodation of her choice. The Hon'ble Supreme Court held that: "11. Accordingly, in terms of Section 19 of the PWD Act, 2005, we direct the Petitioner to provide a suitable portion of his residence to the Respondent for her residence, together with all necessary amenities to make such residential premises properly habitable for the Respondent, within 29th February, 2012. The said portion of the premises will be properly furnished according to the choice of the Respondent to enable her to live in dignity in the shared household. Consequently, the sum of Rs.10,000/- directed to be paid to the Respondent for obtaining alternative accommodation in the event the Petitioner was reluctant to live in the same house with the Respondent, shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be paid to the Respondent in addition to the sum of Rs.6,000/- directed to be paid to her towards her maintenance. In other words, in addition to providing the residential accommodation to the Respondent, the Petitioner shall also pay a total sum of Rs.10,000/- per month to the Respondent towards her maintenance and day-to-day expenses." Copy of the Judgment of Supreme Court of India in V.D. Bhanot v. Savita Bhanot is annexed as Annexure WA-1 32. That in Saraswathy v. Babu (2014) 3 SCC 712 the Hon'ble Apex Court directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife. The Hon'ble Supreme Court held that: "15. We are of the view that the act of the respondent-husband squarely comes within the ambit of Section 3 of the PWD Act, 2005, which defines "domestic violence" in wide term. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force PWD Act, 2005 cannot be taken into consideration while passing an order. This is a case where the respondent-husband has not complied with the order and direction passed by the Trial Court and the Appellate Court. He also misleads the Court by giving wrong statement before the High Court in the contempt petition filed by the appellant-wife. The appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders under Section 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court under Section 20 (d) of the PWD, Act, 2005. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent-husband. Therefore, in addition to the reliefs granted by the courts below, we are of the view that the appellant-wife should be compensated by the respondent-husband. Hence, the respondent is hereby directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife.16. The order passed by the High Court is set aside with a direction to the respondent-husband to comply with the orders and directions passed by the courts below with regard to residence and maintenance within three months. The respondent-husband is further directed to pay a sum of Rs.5,00,000/- in favour of the appellant-wife within six months from the date of this order. The appeal is allowed with aforesaid observations and directions. However, there shall be no separate order as to costs." Copy of the Judgment of Supreme Court of India in Saraswathy v. Babu is annexed as Annexure WA-2 33. That in Smt. Rashmi Kumar vs Mahesh Kumar Bhada (1997) 2 SCC 397 the Hon'ble Apex Court held that the properties gifted to the wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. The Hon'ble Supreme Court held that: "It is thus clear that the properties gifted to her before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. He has no control over her stridhana property. Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner thereof." Copy of the Judgment of Supreme Court of India in Smt. Rashmi Kumar vs Mahesh Kumar Bhada is annexed as Annexure WA-334. That the Complainant requests the Hon'ble Court to permit and allow the Complainant to submit the present Written Arguments on record of matter in the interest of justice.     The Complainant prays that she may kindly be provided the following relief under the said Act. 1 Reliefa) Under the said Act, the complainant may be given protection, residence, the possession of her stridhan, jewelry and clothes etc. b) To stop further acts of domestic violence on her by the respondent. c) To allow her to live in the flat and to restrain the respondent from disposing her or threatening her directly and through his friends with physical harm. 2. Protection Orders The Complainant may kindly be granted protection and prohibit the respondents from: a. Committing any act of domestic violence. b. Aiding and abetting in the commission of acts of violence. c. Attempting to communicate in any form, whatever, with the complainant, oral or written or electronic or telephonic contact, just to torture or torment her. d. Alienating any assets, including her stridhan, jewellery or any other property. e. Causing violence to relatives or any person who give the complainant assistance from the domestic violence. f. Committing any other act as specified in the protection order. 3. Residence OrdersThe complainant humbly prays for pass a residence order: a) Restraining the respondent or any of his relatives from entering any portion of the household in which the complainant resides. 4. Monitory Relief The complainant humbly prays for passing an order as under: a. The medical expenses wherever necessary for the complainant. b. The maintenance of complainant considering the fact that the respondent has no other liability except the complainant, she should be given a maintenance allowance of Rs. _____ /- per month, considering the fact that the respondent earns gross salary of Rs. ______ /- per month. 5. Compensation Orders The complainant prays in addition to other relief as may be granted under this Act, to pay Rs. ______ /- and damages for injuries including mental torture, depression and emotional distress caused by the Acts of Deomstic Violence committed by the Respondent and the litigation expenses.     PRAYERIn the light of the submissions made above the complainant most humbly prays for the following reliefs: (a) Right to reside in the shared household U/s 17 of the said Act. (b) Protection orders U/s 18 of the Act. (c) Residence order U/s 19 of the Act in the flat. (d) Monetary reliefs U/s 20 of the Act. (e) Compensation order U/s 22 of the Act. Any other relief which this Hon'ble Court may deem fit in the eyes of law and in the interest of justice. COMPLAINANTTHROUGHADVOCATE FOR THE COMPLAINANT NEW DELHI     Affidavit format under Section 23(2) of The Protection of Women from Domestic Violence Act, 2005. Format of Affidavit under Section 23(2) to be attached with Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__  IN THE MATTER OF: MRS. W_________                                                            COMPLAINANT VERSUS MR. H __________                                                           RESPONDENT Police Station : _________________  AFFIDAVIT I, __________________ Wife of Mr. ________________ Resident of ______________________________, D/o Mr. _________________ R/o__________________________ presently residing at____________ do solemnly affirm and declare on oath as under: 1. That I am the Applicant in the accompanying Application for ____________ filed for myself and for my daughter / son. 2. That I am the Natural guardian of ______________________________. 3. That being conversant with the facts and circumstances of the case I am competent to swear this Affidavit. 4. That the Deponent had been living with the Respondent at _________ since ______ to ________ 5. That the details provided in the present Application for the grant of relief under Section (s) _________ have been entered into by the Deponent / at my instructions. 6. That the contents of the said application have been read over, explained to me in English/ Hindi / any other local language (Please specify ______________) 7. That the contents of the said application may be read as part of this affidavit and are not being repeated herein for the sake of brevity. 8. That the Applicant apprehends repetition of the acts of domestic violence by the Respondent (s) against which relief is sought in the accompanying application. 9. That the Respondent has threatened the applicant that ________________ 10. That the relief claimed in the accompanying application are urgent in as much as the applicant would face great financial hardship and would be forced to live under threat of repetition / escalation of acts of domestic violence complained of in the accompanying application by the Respondent (s) if the said reliefs are not granted on the ex parte ad interim basis. 11. That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. DEPONENT VERIFICATION Verified at ____________ (Place) on this___ day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and belief nothing in Material has been concealed therefrom. DEPONENT  Note The above affidavit should be attached with Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005.

Deed of Partnership between two Partners   (To be executed on Rs. 15/- Non Judicial Stamp Paper)  THIS INDENTURE OF PARTNERSHIP IS MADE ON the………………… day of………………… 2018  Between  A.B. ………………… S/o…………………  R/o………………… aged………………… (hereinafter called the ‘First Party’) AND C.D………………… aged………………… years, son of………………… resident of………………… (hereinafter called the ‘Second Party’). WHEREAS the parties hereto have agreed to commence business in partnership and it is expedient to have a written instrument of partnership. WHEREAS the parties hereto have mutually agreed to carry on the business of………………… (here describe the business) at………………… (here specify the place or the principal place of business) and to share the profits and losses of the said business in partnership between themselves and they have with that object 322 PP-DP&A constituted themselves into a firm of partners under the name and style of M/s………………… (here give the name of the firm). The terms and conditions agreed to by and between the parties hereto witnesses: 1. The duration of the firm shall be, to begin with, a period of………………… years or such further or lesser period as the parties may choose to mutually agree. 2. The capital of the firm for the time being is fixed at Rs.………………… (Rupees…………………) only which has been contributed by the partners as follows namely: First Party………………… Second Party………………… (In case minor is admitted to the benefits of the partnership the capital contributed by him, if any) Provided that the partners may by mutual agreement increase or decrease the capital and their respective contributions thereto. The partners by mutual consent may raise capital by way of loans if considered expedient. 3. The partners shall distribute the net profits and bear the losses in the following ratios: First Party………………… Second Party………………… 4. The partner, shall be entitled to withdraw out of the profits, money not exceeding Rs………………… in each month adjustable against the account of the respective partners at the time of annual accounting. 5. The First party shall make available to the firm the shop premises in which the business of the firm shall be carried on, situated at………………… and which shop or premises is in his occupation as a tenant from month to month paying a monthly rent of Rs………………… to Shri………………… and shall hereafter hold the said shop or premises in trust for the partnership for which rent shall be paid out of the partnership from the date mentioned in para 1 above. 6. The said rent, and all taxes, duties, repairs and outgoings in respect of the said shops or premises or other place or places of business of the partnership shall be paid out of the partnership. 7. No apprentice, clerk or servant shall be employed or dismissed without the consent of all the partners. 8. The firm shall regularly maintain in the ordinary course of business a true and correct account of all its incoming and outgoings and also all its assets and liabilities in proper books of accounts which shall ordinarily be kept at the firm’s place of business. 9. Immediately after each………………… day of………………… in every year, the partners shall take an account and valuation of the effect, credits and liabilities of the partnership. Such accounts and valuations shall after mutual examination be drawn up in duplicate and signed by the partners, we shall each retain a copy. The entries in such signed accounts shall be final and binding between the parties. The profits or loss, as the case may be, shall be divided as aforesaid, after the signing of such account. 10. The authority of the partners, individually shall be limited to the following: (a) No partner shall individually purchase goods for the partnership without consulting the other and obtaining his consent for purchases of the value exceeding Rs…………………. (b) No partner shall singly bind the partnership by taking any loan or raising any money whether with or without security to the extent of more than Rs………………… (c) No partner shall commit the partnership without obtaining the written consent of the other, to any undertaking which involves the partnership financially to the extent of more than Rs………………… (d) All law suits shall be filed and defended by the partnership by the partners acting jointly in all Lesson 7 n Drafting and Conveyancing Relating to Various Deeds and Agreements-IV 323 cases which involve the partnership financially to the extent of more than Rs………………… 11. The partnership shall be deemed to be continuing on the admission of a fresh partner or partners, provided the admission is on the terms herein laid down and is approved by all the partners. 12. Every partner shall be entitled to dissolve the partnership in the event of the other committing breach of the conditions herein covenanted. The partnership may be dissolved by a notice in writing sent by registered post to the address herein given or such address as may be registered from time to time with the Registrar of Firms. On the dissolution of the firm under this clause the expelled partners shall not be liable for any loss incurred as from the date of dissolution. But no profit or loss shall be paid or become payable except at the time of annual accounting. 13. On the bankruptcy of any partner or on notice being given to either partner under clause 12 above or on the death and there being no major legal representative willing or capable to take the place of the deceased partner the partnership shall terminate. The share of such partner may be purchased by the remaining partner(s) at a valuation to be made by arbitrators or their umpire as hereinafter mentioned. The price shall be paid in 3 equal six monthly instalments. The tenancy right of the first party shall be valued at………………… years’ rental. 14. Upon the determination of the partnership by afflux of time, or upon its determination by any other partner then, as soon as convenient, a full and general account of valuation shall be taken of the property and assets and liabilities of the partnership and the property and the assets put to sale and the debts realised and the creditors paid. The net proceeds in cash shall be equally divided between the then partners or the partners and the legal representative or representatives of the deceased partner; PROVIDED always, that if the proceeds are less than the liabilities the loss shall be made good in equal shares by the then partner, or the legal representative or representatives of any deceased partner. 15. If at any time any dispute, doubt or question shall arise between the partners, or their representatives either on the construction of these presents, or respecting the accounts, transaction, profits or losses of the business or otherwise in the relation to the partnership then every such dispute, doubt or question shall be referred to arbitrators chosen by each of the partners and the representatives of their umpire to be appointed in the manner provided by law and such reference shall in all respect, as to the mode and consequence thereof conform to the provisions in that behalf contained in the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. IN WITNESS WHEREOF the said A.B. and C.D. have hereto at………………… signed the day and the year first above mentiond. WITNESSES: Sd/- A.B. Sd/- C.D. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

First Information Report Download Word Document In English. (Rs.130/-) To, The Officer-in-charge of the police station Ram Prakash Singh Lucknow. Sir,        Today at 2 A.M. a group of three people armed with guns entered my house by breaking the main door. Among the three, two persons tied my hand with a rope and put cloths in my mouth, as I was struggling to shout to help. One person beat my wife with gun and she fell unconscious. At the gun point they took the key of almirah from me and took away the cash, silver and gold articles and left the house.        Description of the property:- (1). (2). (3).                                                                       In the early hours, hearing our screaming, milk boy came to in, united me and called the neighbours. After admitting my wife in Apollo hospital. I came to police station to lodge information. I can identify my property and also the culprits if I happen to see.      I request you to take necessary action to trace out my stolen articles and book the culprits.        Thanking you,         Your faithfully,                                                                              Sd/-                                                                              y. Ramakanth                                                                               H.N. 13-2-82/6                                                                                Lucknow                Received the information at 8 A.M., upon which i registered a case in crime 12/2k U/s, 380 457IPC and took up the investigation.                                                                                  Sd/-                                                                                 C.I. of police,                                                                                 Officer-in-charge of P.S.                                                                                  Ram Singh. Content of First Information Report The F.I.R must contain as for as possible the following point:- Whether the informant is eye witness or hearsay evidence. The nature of the cognizable offence. The name and detailed description of the accused person     (his colour, height, approximate age, features, clothing, distinctive marks on his face etc. The name and identity of the victim of the crime. The date and time of the occurrence. The place where the crime was committed. The motive for committing of the crime. How the crime was committed (description of the actual occurrence of the crime the part played by the each accused and the weapon used by him) The name and the address of the witness of the crime. What traces left behind by the accused, any article belonging to the accused such as footwear, footprint, and finger point. Etc The description of the culprit should be given as for as possible in detail if the F.I.R is registered on the statement of eye witness. Essentials of F.I.R. The word F.I.R has not been define any where under the code of criminal procedure,1973 but it can be define in the fowling way under Section 154 of the code of criminal procedure:- An information ( given only in writing ) Relating to commission of a cognizable offence. Given to the officer-in-charge of the police station. Reduced in writing in the same manner as prescribed in Section 154 of code of criminal procedure 1973 Judicial Approach:- State of Haryana Vs Chudhari Bhajan Lal In this case Supreme Court has defined F.I.R. in following way:- (1)  An information (given only in writing)   Relating to commission of a cognizable offence.   Given to the officer-in-charge of the police station.   Reduced in writing in the same manner as prescribed in sec section 154 of code of criminal procedure 1973.  Which is earlier in point of time? Evidentiary value of the First Information Report  The First Information Report is not a substantive piece of evidence but it can be used for the following purposes:- (1). It can be used to corroborate under Section 157 of the Indian evidence Act, 1872. (2). F.I.R can be used to contradict under Section 145 of the Indian Evidence Act, 1872 (3). F.I.R. can be used in cross examination at the stage of trial under Section 145 of Evidence Act, 1872. (4). F.I.R. does not substantive piece of Evidence but it makes substantive piece of evidence when informant dies and the statement become relevant under the Section 32(1) of the Indian evidence Act under the following conditions :- On the death of the informant it relates the cause of informant’s death Circumstances of the transaction relating in informant’s death. If the informant does not die then the informant’s statement become relevant as a conduct under section 8 of the Indian evidence Act, 1872   (5). A non-confessional First Information Report lodged by the accused can be used against him to prove his admission in regard to certain facts under section 21 of the Indian Evidence Act, 1872  (Nisar Ali v. State of U.P. 1957 550 SC) (6). Certain proportion of confessional First Information Report lodged by the accused can be used against him if they lead towards the discovery of fact within the meaning of section 27 of the Indian Evidence Act 1872. (Agnoo Nagesia v. State of Bihar 1966 CR.L.J 100 SC) Corroboration:- According to section 157 of the evidence Act 1872 “In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place or before any authority legally competent to investigate the fact, may be proved”. Contradiction:-According to Section 145 of the Indian Evidence Act “A witness may be cross examined as to previous statement made by him in writing or reduced in writing and relevant to the matters in the question, without such writing being shown to him or being proved, but if it is indented to contradict him by the writing, his attention must, before the writing can be proved, be called to those part of it which are to be used for the purpose of contradicting him. F.I.R as a dying declaration:- First information lodged by a deceased is admissible under section 32(1) of the Evidence Act, as the statement of a person (since deceased) relating to the circumstances of the transaction which resulted in his death. (Kapoor Singh v. Emperor reported in AIR 1930. Lahore page 450) Can be treated as dying declaration if informant after lodging report to the police dies of his injuries in Munna Raja v. state of Madhya Pradesh AIR 1976 SC 2199) Munna Raja and Chhuttan were tried by the session Judge, chhatarpur on the charge that about 10 a.m. on April, 30th, 1969 they committed the murder of one Bahadur Singh. Two eye witnesses were turned hostile and learned session judge though that it was unsafe to rely on their testimony. Learned judge was also was not impressed by three dying declarations given by the deceased with the result, the appellant s were acquitted by the session court. The State preferred appeal in High court of Madhya Pradesh, which was allowed by a Division Bench. Thereafter the appellants preferred appeal to the Supreme Court.            In this there were three by Bahadur Singh and the prosecution has placed great reliance on them.             In regard to this Dying Declaration, the judgement of the court of sessions suffers from a patent infirmity in that it wholly overlooks the earliest of these 0f the dying declaration which was made by the deceased soon after the incident in the house of one Barior Singh. The second statement which has been treated as dying declaration Ex-P14 being the F.I.R lodged by the deceased at the police station. The learned secessions judge probably assumed that since the statement was recorded as the first information report, it could not be treated as dying declaration. In this assumption, he was clearly in error. After making the statement before the Police, Bahadur Singh succumbed to his injuries and therefore the statement can be treated as a Dying Declaration and is admissible under Section 32(1) of the Evidence Act, 1872. The maker of the statement is dead and the statement relates to the cause of death. It was further held that the statement Ex.P-14 by Bahadur Singh at the police station by way of first information report. It is after the information was recorded, and indeed because of it, that the investigation commenced and therefore it was wrong to say that the statement was made to an investigating officer. The station house officer who recorded the statement didn’t posses the capacity of an investigating officer at the time when he recorded the statement. Cross examination of F.I.R Before conducting the cross-examination, the original complaint and the printed F.I.R has to be studies carefully. The following points of the F.I.R. must be examined thoroughly for the purpose of cross examination. (1). The date and time of lodging of the complaint to the police        Officer. (2). The name of the complainant. (3).   The name of the police officer who recorded the F.I.R. (4). the date and time of despatch of FIR from the police station to the Magistrate. (5). the date and time of the receipt of the FIR by the magistrate. (6). When the informant was given a copy of FIR. The defence in the cross-examination may vary according to the circumstances, nature and facts of the cases. The following points are to be examined carefully by the defence during cross examination:- (1). The delay in lodging complaint. (2). The delay in recording the F.I.R. (3). The delay in despatching the FIR by the police officer to the magistrate. (4). Recording the FIR by an incompetent Police Officer. (5). The F.I.R was not signed by informant. (6). The F.I.R recorded on the basis of telephone or telegram    massage. (7). The Substance of the F.I.R was not entered in the General Diary. (8). The original information given to the police 0fficer was    suppressed. (9). The police officer recorded the F.I.R. after the commencement of the investigation. (10). Omission of names of the accused, witness place of the occurrence. (11). F.I.R was vague. (12). The serious discrepancies between the FIR and the evidence     produced by the witness in the court. (13). Contradiction in the statements of the information in the FIR and later made in Court. Who can Lodge F.I.R F.I.R. can be lodged by any of the following persons:- (1)   Aggrieved person or someone on his behalf; (2)    Any person who is aware of the commission of an offence; (3)    Accused himself; (5)     Under an order of Magistrate under section 156(3), of code of criminal procedure when a complaint is forwarded to Officer-in-charge of the police station without taking cognizance. (6)    F.I.R can be lodged by the any person who is aware of the commission of the cognizable offence; he need not be victim of the incident. (7)    If the information is only by a medical Certificate; or Doctor’s intimation about arrival of injured then the officer-in-charge of the police station should enter it in daily dairy and go to the hospital for recording detail statement of injured. (8)    If the information is only hearsay. Then the officer-in-charge of the police station should registered a case only if a person in possession of hearsay subscribe the signature to it and mention the source of his information so that it does not amount to irresponsible rumour. The information must be definite, not vague, authentic, not baseless gossip, or rumour, clearly making out the making of the cognizable offence. Object of F.I.R There are following objects of F.I.R. as under:- To inform Magistrate of the District Superintendent of police, who are responsible for the peace and safety of the offence reported at the police station. To make known to the Judicial Officer whom the case is ultimately tried, what are tried, what are the facts given out immediately after the occurrence and on what material the investigation commenced To safeguard the accused against subsequent variations or additions. To set the criminal law in motion, this is form the point of view of the informant To obtain information about the alleged criminal activity so as to able to take suitable steps for tracing and bringing to book the guilty party, this is from the point of view of investigating officer. Apex Court on the object of FIR The Apex Court in Sheikh Haseeb @ Tabaraq v. State of Bihar (1972(4) SCC 773), the three Judges Bench had observed on the object, available and use of FIR as under:- “The principal object of FIR from the point of view of the informant is to set the criminal law into motion and the point of view of the investigating authorities has to obtain information about the alleged criminal activity, so as to be able to take suitable step for trace and bringing to the book the guilty party. The FIR, we may point out, does not constitute substantive evidence though its importance is conveying the earliest information regarding the occurrence cannot be doubted. It can, however only be used as a previous statement for the purpose of either corroborating its maker under section 157 of the Indian Evidence Act, 1872 or in contradicting him under section 145 of the Act. It can be used for the purpose of corroborating or contradicting other witness”. Delay in FIR Delay lodging of F.I.R can be of three types:- (1). Delay in lodging F.I.R. by informant; (2). Delay in lodging F.I.R by officer-in-charge of the police    station; (3). Delay in despatching the F.I.R to the Magistrate.   Delay in lodging the F.I.R by Informant:-  If delay has occurred in lodging the F.I.R by informant, the officer investigating case should obtain explanation from the informant with regard to such delay and incorporate the same in the statement of the witness. If this is done, no adverse presumption against the prosecution would arise against the prosecution case. Dilip Singh v. State of Punjab, 1953 Cr.L.J 1465 (SC) In this case it was held that delay in lodging First information report quite often result in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantages, danger creeps  in of the introduction of coloured version, exaggerated or connected story as the result of deliberation and consultation. It is therefore, essential that delay in lodging of the first information report should be satisfactorily examined. Delay in recording the F.I.R. by officer-in-charge of the police station:- Section.154 of the code of the criminal procedure code 1973 the officer-in-charge of the police station to record the first information report to a commission of cognizable offence. There should not be any delay on part of the officer-in-charge of the police station in recording of the first information and registering the case upon it. Delay in registering F.I.R renders case to the prosecution suspicious. Any explanation given by the police officer is not unbelievable.   Delay in Despatching the F.I.R to the Magistrate:- Section. 157 of the Code of criminal procedure mandates that if the information received or otherwise, an officer-in-charge of the police station has reason to suspect the commission of an offence which is empowered to investigate, he shall forth with send a report of the same  to a Magistrate empowered to take cognizance of such offence upon a police report. In other words Sec 167 of the code, directs sending of a report forthwith i.e. without any delay immediately. Therefore, it is the duty of the officer-in-charge of the police station to send the F.I.R. immediately without any delay to the concerning Magistrate. If there is any delay in sending the F.I.R. to the Magistrate, F.I.R. will become doubtful.  Delay in rape cases In Harpal Singh v. State of Himanchal Pradesh, AIR 1981 SC 361,  it was held that “Delay of 10 days in lodging the first information report stands responsibly explained when the prosecutrix stated that as honour of the family was involved, its member had to decide whether to take the matter to the court or not.       It is not uncommon that such consideration delays action on the part of the near relation of a young girl who has been raped. What is not F.I.R. If the information that was given at the police Station, though first in point of the time, but didn’t disclose commission of the cognizable offence it was held that the said information could not treated as F.I.R of the case. (Jay Prakash Vs State of Sikkim, 1982 NOC 196. Cal) Where a anonymous caller rang up the police station and merely stated that fire had taken place at Ludhiana taxi stand, it was held that the mere fact of this information, first in point of time didn’t clothe it with the character of F.I.R as the information didn’t in terms clearly specify a cognizable offence (Tapinder Singh Vs State of Punjab 1970 CrLJ 1415 SC) Whether the first cryptic and any anonymous telephonic call didn’t specify the commission of cognizable offence, it is not F.I.R A statement casually given by an informant to a sub-inspector is not a F.I.R. Confidential information received by the police that some bad character was assembled at a particular place is not a F.I.R. An information given to a police officer-in-charge of the police station cannot consider as FIR, if it is very vague and indefinite and the police officer is thereby necessitated to collect more information before starting the investigation in such situation further information given to him would be more appropriately treated as F.I.R Vague confidential information given by a doctor to a police officer-in-charge of the police station with disclosing the name of the informer cannot become the basis of the F.I.R. A doctor in a hospital informing the police about the arrival of injured person in the hospital cannot be consider as F.I.R, since the doctor’s information is vague and does not disclose any cognizable offence and other particulars it cannot be consider as F.I.R. no case can be registered on it. The information should be registered in the daily dairy and officer-in-charge of the police station should go the hospital, record the statement of the injured and there get a case registered on such statement. The second statement made by the injured person becomes the basis of the F.I.R and not of the doctor. Any statement made to the police officer after starting the investigation will not consider as F.I.R. in other words F.I.R cannot recorded on the basis of information obtained during an investigation. It is forbidden by Section. 162 of the Code of Criminal Procedure 1973. Immunity against registration of cases If any complaint is preferred against the President of India, governors of the states while they are holding their office, police officer shall not register F.I.R, because the personality are holing high office in India and directed to enjoy the immunity as per Article 361 of the constitution of India.           So also no criminal can be registered against any sitting member of the legislature or Parliament for anything spoken or done on the floor of the house. But the police officer shall register a case if it is preferred by the hon’ble speaker of the concerned house or any person authorised by him. These members are having protection under Article 105 and 194 of the constitution of India but they are liable for criminal prosecution for any act committed by them in their private capacity outside the Legislature and Parliament. Privileges:- Article 105 of the Constitution of India: - Powers, privileges, etc., of the house of the parliament and of the Member and committees thereof:- Subject to the provision of this constitution and to the rules and standing orders regulating the procedure of the Procedure of Parliament, there shall be freedom of speech in parliament. No member of the parliament shall be liable to any proceeding in any court in respect of anything said or any vote given by him in parliament or any committee thereof, and no person shall be so liable in respect of publication by or under the authority of either house of Parliament of any report, paper, votes or proceedings. In other respect, the power, privileges and immunities of each House of the parliament and of the members and the committees of each house, shall be such as may from time to time defined by parliament by law and until so defined. The provisions of clause (1),(2) and (3) shall be apply in relation to person who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceeding of a house of parliament or any committee thereof as they apply in relation to member of the parliament. Article 194 of the Constitution of India: - Powers, Privileges, etc, to the house of legislatures and committees thereof:- Subject to the provision of the constitution and to the rules and standing order regulating the procedure of the Legislature of every state. No member of the legislature of a State shall be liable to any proceeding in any court in respect of anything or any vote given by him in the legislature or any committee thereof, and no person shall be liable in respect of the publication by or under the authority of a house of such a Legislature of any report, paper, votes or proceedings. In other respect, the powers, privileges, and Immunities of a House of such legislature, shall be such as may from time to time be defined by the legislature by law, and, until so defined shall those of that house and if its members and committees immediately before coming into force of Article 26 of the constitution of India. The provisions of clauses (1), (2) and (3) shall be apply in relation to person who by virtue of the this constitution have the right to speak in, and otherwise to take part in the proceeding of a house of Parliament or any committee thereof as they apply in relation to member of that legislature. Article 212 of the Constitution of India:-Courts not to inquire into the proceedings in the legislature:- (1).The validity of a state shall not be called in question on the ground of any alleged irregularity of procedure. (2). No officer or member of the legislature of a state in whom powers are vested by or under this constitution for regulating procedure or the conduct of business, or for maintaining order, in the legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of these power. Article 246 of the constitution of India: - subject matter of laws made by Parliament and by the legislature of the States:- (1). Notwithstanding anything in calluses (2) and (3), parliament has  exclusive power to make laws with respect to any of the matters enumerated in list in the seventh schedule. (2). Notwithstanding anything in clause (3), Parliament, and subject to clause(1) the legislature of any state also, have power to make laws with respect to any of the matters enumerated in list third in the seventh schedule. (3). Subject to clause (1) and (2), the legislature of any state has exclusive power to make laws for such state or any part thereof with respect to any of the matters enumerated in list second in the seventh schedule. (4). Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a state notwithstating that such matter enumerated in the state List.    Article 361 of the Constitution of India: - Protection of President and Governors and Rajpramukhs:- (1). The president, or the Governor or Rajpramukh of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.   Provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation or a charge under Article 61.   Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the government of the Government of a state. (2). No criminal proceeding whatsoever shall be instituted or continued against the President, or the Government of a state, in any court, in any court during his term of office. (3). No process for the arrest or imprisonment of the president, or the governor of a state, shall issue from any court during his term of office. (4). No civil proceeding in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of his office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president, or as the Governor of such State, until the expiration of two months next after notice in writing has been delivered to the president or the governor as the case may be, or left at his office stating the nature of the proceeding, the cause of action therefore, the name, description and the place of residence of the party by whom such proceeding are to be instituted and the relief which he claims. Quashing of F.I.R. The High Court may receive petitions under the following provisions to stop further action:- A writ petition under Article 226 of the constitution of India as follows:- Writ of mandamus under Article 226 of the constitution of India Writ of habeas corpus for setting the accused at liberty when the accused is under the custody on the basis of F.I.R  A petition under the Inherent power of high court under section 482 of the code of criminal procedure 1973  Quashing of F.I.R under Article 226:- The power of quashing the criminal proceedings has to be sparingly and circumspection and there too in the rare of the rarest cases and the court cannot be justified in embarking upon an inquiry as to the liability or genionniess or otherwise of allegations made in the fir or complaint and the extraordinary and inherent power of the court don not confer an arbitretory jurisdiction on the court to act according to its whim or caprice. However the court under its inherent powers can be neither intervenes at an uncalled for stage nor it can “soft-pedal the course of justice” at the crucial stage of the investigation/proceedings (State of west Bengal and others Vs Swapn Kumar Guha and others AIR 1988 SC) In PEPSIFOOD LIMTED VS SPECIEAL JUDICIAL MAZISTRATE AND OTHERS AIR 1998 Similar issue was considered and the Hon’ble Apex Court held that the criminal law cannot be set into motion as a matter of course. The provision of Articles 226,227 of the constitution of India and Section 482 of the code of criminal procedure or a device to advance justice and not to frustrate it. The power of judicial review is descriptiory however it must be exercised to prevent the miscarriage of justice and for correcting some grave errors that might be committed by the Subordinate court as it is the duty of the high court to prevent the abuse of process of law by the inferior courts and to see that esteem of administration of justice remains clean and pure. However, there are no limits of powers of the court but more the power more due care and caution is to be exercised invoking these powers. The apex court held that nomenclature under which the petition is filled is totally irrelevant and does not prevent the courts from exerting its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory. State of Haryana and others v.  Bhajan Lal AIR 1992 SC 604 The Hon’ble Supreme Court laid down the guideline for exercising the Inherent power as under:- Where the allegations made in the first information report or the complaint, even if they are taken at their place value and accepted in their entirely do not prima facie constitute any offence or make out the case against the accused. Where the allegation made in the first information report and other materials, if any, accompanying the Fir do not disclose the cognizable offence, justifying and investigation by the police officer under Sec. 156 clause(1) of the court except under an order of magistrate within the purview of the Sec 155(2) of the code of criminal procedure.  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegation in the FIR do not constitute a cognizable offence but constitute only non-cognizable offence, no investigation is permitted by as police officer without an order of magistrate has contemplated under Sec. 155(2) of the code of criminal procedure. Where the allegation made in the Fir or complaint are so observed and inherently in probable on the basis of which no prudent person can ever adjust conclusion that there is sufficient ground for proceedings against the accused.  Where there is an express bar engrafted in any of the provision of the code or the concerned Act (under which criminal proceeding is instituted) to the institution and continuance of proceeding and/or where there is a specific provision the code or concerned Act, providing efficacious redress for the grievance of aggrieved party. Where the criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and the view to spite him due to private and personal grudge.   In Ganesh Narayan Hegde v. S. Bangarappa 7 Ors., (1995) 4 SCC 41, an earlier decision Mrs. Dhanlakshmi v. R. Prasanna Kumar & Ors., AIR 1990 SC 494, has been cited with approval for the proposition that there should be no undue interference by the High Court as no meticulous examination of the evidence is needed for considering whether the case would end in conviction or not at this stage. The High Court should interfere to abuse of process of court or that the interest of justice otherwise call for quashing of the charges.  In Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque & Ors., AIR 2005 SC 9,  The Hon’ble Apex Court held that criminal proceedings can be quashed but such power is to be exercised sparingly, carefully with caution with and only when such exercise is justified by the tests specifically laid down in the statutory provision itself. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exists. Wherever any attempt is made to abuse that authority so as to produce injustice, the Court has power to prevent the abuse. A case where the FIR or the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the proceedings can be quashed. It is, however, not necessary that at this stage there should be meticulous analysis of the case before the trial to find out whether the case ends in conviction or acquittal. The allegations have to be read as a  State of West bengal v. Narayan K. Patodia, AIR (2000) SC 1405  “The Apex Court observed that lodging an FIR is only the first step of investigation by the police. Premature quashing of the FIR at the initial stage instead of serving the cause of justice harmed it. The inherent powers of the High Court are reserved to be used to give effect to any orders under the Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.” Undoubtedly, the enjoyment of a good reputation is a personal right and, thus, dignity of a person is to be protected as guaranteed under Article 21 of the Constitution of India. Filing FIR and visit by the police for arrest of a person on the basis of false and frivolous FIR/complaint, may, result in incalculable harm to his reputation and self-respect. Such a right has been recognised by the Hon’ble Apex court in Joginder Kumar’s case and Smt. Kiran Bedi & Anr. Vs. Committee of Enquiry & Anr., AIR 1989 SC 714 to be a personal right. However, the law of arrest is one of the balancing individual rights, liberties and privileges, on the one hand and individual duties, obligations and responsibilities on the other; of weighing and balancing the rights, liberties and privileges of the single individual and those of individuals collectively; of simply deciding what is wanted and where to put the weight and the emphasis; of doing which comes first- the criminals or society, the law violator or the law abider. In D.K. Basu Vs. State of West Bengal, (1997) 1 SCC 416, the Hon’ble Apex Court held that when the crime goes unpunished, the criminals are encouraged and the society suffers. The victim of crime or his kith and kin become frustrated and contempt for law develops. The court further observed as under:-  “………..if we lay too much emphasis on protection of their fundamental rights and human rights, such criminals may go scot free without exposing any element or iota of criminality, the crime would go unpunished and in the ultimate analysis, the society would suffer. The concern is genuine and the problem is real. To deal with such a situation, a balanced approach is needed to meet the ends of justice. This is all the more so, in view of the expectation of the society that police must deal with the criminals in an efficient and effective manner and bring to book those who involved in the crime.” Quashing of FIR /Complaint/ charge sheet under section 482 of the code of criminal procedure 1973- saving of inherent power of the High Court: Nothing in this code shall be deemed to limit or effect the inherent powers of the High court to make such orders as may be necessary to give effect to any order this code, OR to prevent abode of the process of any court, or otherwise to secure the end of justice. The High court must be satisfied either of the following conditions:- An order passed under the code would be rendered ineffective; or The process of any court would be abused; or The end of justice would not be secured. Explanation:- The Police officer/ investigating machinery is under obligation to disclose an offence; an investigation of an offence must be necessarily followed in the interests of justice. If, however no offence is disclosed, an investigation cannot be permitted, as any investigation, in the absence of any offence being disclosed, will result in necessary harassment to a victim. In relating to, the power of High Court to quash a case, or defined in the case of State of Haryana v. Bhajan Lal AIR 1992 SC 604 In this case the Hon’ble as stated that if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serious prejudices to the personal liberty and also property of the citizens, then the court on being approached by the person aggrieved for the redress of any grievance, has to consider the nature and extend of the breach and pass appropriate as may be called for without leaving the citizens to the mercy of the police authority since human dignity is a dear value of the constitution. In the same judgement the Hon’ble Supreme Court also states that the high court is entitled to exercise its inherent jurisdiction for quashing the criminal proceeding or an F.I.R. when the allegation made in the same do not disclose the commission of an offence and it depend upon the facts and circumstances of each particular case. The supreme court pointed out certain category of cases by way of illustrations wherein in the inherent power under section 482 of the code of criminal procedure can be exercised either to prevent abuse of the process of any court or otherwise to secure the end of justice. Here are the categories of the cases in which the High court can its powers to quash a petition:- Where the allegations made in the first information report or the complaint, even if they are taken at their place value and accepted in their entirely do not prima facei constitute any offence or make out the case against the accused. Where the allegation made in the first information report and other materials, if any, accompanying the Fir do not disclose the cognizable offence, justifying and investigation by the police officer under sec. 156 cause 1 of the court except under an order of magistrate within the purview of the sec 155(2) of the code of criminal procedure.  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegation in the FIR do not constitute a cognizable offence but constitute only non-cognizable offence, no investigation is permitted by as police officer without an order of magistrate has contemplated under sec. 155(2) of the code of criminal procedure. Where the allegation made in the Fir or complaint are so observed and inherently in probable on the basis of which no prudent person can ever adjust conclusion that there is sufficient ground for proceedings against the accused.  Where there is an express bar engrafted in any of the provision of the code or the concerned Act (under which criminal proceeding is instituted) to the institution and continuance of proceeding and/or where there is a specific provision the code or concerned Act, providing efficacious redress for the grievance of aggrieved party. Where the criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and the view to spite him due to private and personal grudge. Can First Information Report or Complaint or Charge Sheet before taking cognizance be quashed by High Court under Section 482 of the code of criminal procedure:- Gangaram kandaram v. Sunder chikha Amin, 2000(1) ALD (Cr.L.J) 625(FB) A full bench of this Court observed that “the complaint cannot be treated as a charge-sheet. Based on the complaint, FIRs were issued. Unless further investigation is made and charge-sheet submitted, it is difficult to come to a definite conclusion. The power under Article 226 of the constitution of India. Ought not to be invoked in such cases......unless the investigation is completed, it cannot be presumed that the complaint does not make out offence........it would be wholly improper to exercise jurisdiction under Article 226 even before the investigation is completed and decide these partly legal and partly factual question”. An observation is also made by the full Bench that Section 482 of Cr.P.C cannot be invoked in case where no charge-sheet has been field.      An analysis of the decision referred to herein above and upon a true and fair construction of the provisions (Sections) 154, 155, 156, 157, 158, 159, 173, 190, and 200 of the Code of Criminal Procedure, 1973, the following propositions emerge. There is a clear cut distinction between the information relating to the commission of a cognizable given orally or in writing to an officer-in-charge of a police station and cognizance offence  by a  Magistrate, upon receiving a complaint of facts which constitute offence. Such taking of cognizance may be upon a police report of such facts; or upon information received from any other person other than a police officer. The information relating to commission of a cognizable offence is bound to be entered by an officer-in-charge of a police station in the prescribed book. Such are called first information report. Person lodging such information relating to commission of a cognizable offence is an informant, whereas the complaint is the one constituting facts revealing commission of an offence. In the later case, it is called the complaint and if it is filed by an individual other than a police officer, it will be known as private complaint. Every officer-in-charge of a police station is empowered to investigate any cognizable case without the order of a Magistrate and the proceedings in any such case shall not, at any stage, be called in question on the ground that the case was one which such officer was not empowered to investigate.  It is also clear that no police officer shall investigate a non-cognizable case without the order of the Magistrate having power to try such cases. The Magistrate is empowered to take cognizance of any offence in exercise of power under section 190 of the code.   An Officer-in-charge of a police station, upon satisfying himself that there is reason to suspect the commission of an offence which he is empowered under section 156 of the Code to investigate, he shall forthwith proceed to investigate the facts and circumstances of the case, if necessary, to make measures for discovery and arrest of the offender. The power conferred upon the police officer is coupled with duties. Discretion is, however, given to the Police officer not to investigate the case, it is appears to the officer that there is no sufficient ground for entering on investigation, but that statutory power and discretion is to be exercised fairly and reasonably and in accordance with law. In either case, he is bound to submit a report to the Magistrate under section 158 of the Code. The Magistrate, upon receiving the said report, may direct an investigation or hold a preliminary a preliminary inquiry into the report or otherwise dispose of the same in the manner provided in the Code. It is clear that the jurisdiction where the police officer came to the conclusion that there is no sufficient ground for entering on investigation. This is a limited power conferred upon a Magistrate to compel the police officer to proceed with the investigation. There is no power as such conferred under the code upon any court to otherwise interfere with the process of investigation. The investigating agency is clothed with jurisdiction and freedom to go into the whole gamut of the allegations and to reach a conclusion of its own. The jurisdiction of an investigating agency cannot be interdicted by any court, as no such power is conferred upon any court by the Code. Investigation of an offence is the area exclusively reserved for n officer-in-charge of a police station and once that is completed and the officer submits the report before the Magistrate to take the cognizance of the offence under section 190 of the Code, the duty of the police officer comes to an end. Thereafter, it is within the exclusive domain of the Magistrate for further proceedings. It is to stifle or impinge upon the proceedings in the investigation and it is only in a case wherein the police officer decided not to investigate the offence, the concerned magistrate may intervene and either direct an investigation or in the alternative, he himself can proceed or depute any Magistrate subordinate to him proceed to hold preliminary inquiry or otherwise dispose of the case in the manner provided in the Code.  It is thus clear that an officer-in-charge of a police station is bound to record the information relating to the commission of a cognizable offence in the prescribed book. Discretion is, however, given to him not to proceed with the investigation, if he has reason to believe that there is no sufficient ground for entering on investigation. Of course, it is power coupled with the duty which is required to be exercised fairly, reasonably and in accordance with law. However, the condition precedent to the commencement of investigation is the existence of reason to suspect the commission of a cognizable offence which has to be, prima facie, disclosed by the allegations made in the FIR.  Charge-sheet is the one which is filed into the Court by the Police after investigation of the case in accordance with the provisions of the Code. It is the conclusion and final opinion of the Police officer investigating the case.  Thus there is a clear distinction between the FIR and the complaint. There is also a clear distinction between the FIR; complaint and the charge-sheet. They are not one and the same.  The FIR cannot be treated as a proceeding pending on the file of any Court as such. Nor can it be equated to that of a process of any court. Even the complaint, unless taken cognizance of by a Magistrate, is not a proceeding on the file of any Court. The first information report registered on reference by a Magistrate after receiving the complaint is also not a proceeding on the file of any court. Such FIR also stands on the same footing as that of the FIR registered by a police officer, upon receiving the information relating to commission of a cognizable offence. Since no power is conferred upon any Court under any of the provisions of the code, there is no power available in exercise of which this court can quash the registration of the first information report itself relating to the commission of cognizable offence by a police officer-in-charge of the police station. Likewise, there is no provision which empower any Court under the code to interfere with the investigation of any cognizable offence by an officer-in-charge of the police station to investigate the case if the police officer failed to exercise his discretion properly and refused to investigate into a cognizable offence. For the aforesaid very reasons, even a complaint, before it is taken cognizance of by the Magistrate, it becomes the proceedings on the file of the court. Charge-sheet is nothing but a report submitted by the Police office after the investigation into a cognizable case. The report even after its submission into the Court does not acquire the character of any judicial proceeding. It is only an administrative act by a police officer in discharge of statutory duty imposed upon him to investigate into commission of a cognizable case. But once it is taken cognizance by the Magistrate, it becomes a proceeding on the file of the court and from that stage, the jurisdiction of a police officer investigating the case comes to an end and the process of Court is set in motion. Therefore, the charge sheet itself cannot be quashed by this court is set in motion. Therefore, charge sheet itself cannot be quashed by this court in exercise of any power under the code including the inherent power under section 482 of the code of criminal procedure.                     In the circumstances, this Court is of the clear opinion that neither the               First neither information report nor complaint before it is taken cognizance by the Magistrate nor charge-sheet which is nothing but the result of the investigation can be quashed by this court in exercise of the jurisdiction under section 482 of the code of criminal procedure.                       The court in appropriate cases, may interfere and quash the proceedings in a criminal case after the case is taken cognizance by the Magistrate and at any stage therefore to prevent abuse of process of any court or otherwise to secure the end of justice.           This Court in appropriate cases, may quash the complaint in exercise of its jurisdiction under section 482 of  Cr.P.C in order to prevent the abuse of process of the court or otherwise to secure the end of justice, after it is taken cognizance by the magistrate either upon a police report or upon an information received from any person other than a police officer.       It is well settled that in a society governed by Rule of Law, no absolute power or discretion is conferred upon any statutory authority which includes the police officer exercising the jurisdiction under the code of criminal procedure. The power conferred upon a police officer relating to entering information of commission of cognizable offence and power to investigate cognizable offence and power to investigate cognizable offence and the procedure of investigation, is structured by the provision of the code referred to hereinabove. The does not give the police officer any carte blanche without legal bonds either in the province of investigation or in the area relating to the registration of a case. The action of the police officer even in the field of investigation is not wholly immune from judicial review. It is well settled that no information could be registered by a police officer-in-charge of a police station, unless such information reveals commission of cognizable offence. No police officer shall proceed with the investigation unless he has reason to suspect the commission of an offence. No police officer can refuse to investigate into the commission of cognizable offence unless there is sufficient ground for not entering into an investigation. Therefore, no unfettered discretion is conferred upon the police officer to investigate or not to investigate into a cognizable offence, the power therefore, be exercised on the condition of which it is granted by the code.        In this case, it is not necessary to reiterate as to on what grounds the decision, action or inaction of police officer could be judicially reviewed by this court in exercise of its jurisdiction under Article 226 of the constitution of India. The principles are too well known and the parameters are well defined in Bhajan Lal’s case.        For all aforesaid reasons, the first information report registered against the petitioners under sections 420 of Indian penal code cannot be quashed by this court in the petition filled under section 482 of the code of criminal procedure 1973. Quashing of FIR set aside:- On 23-7-1996, S, a girl, gave a vivid account as to how she was exploited and sexually harassed by the accused person under threat, coercion, force and allurement. On the basis of her statement, a case was registered in the Vanitha Police station, Ernakulum. The accused filed writ petitions in the Kerala High Court praying that the criminal proceedings against them should be quashed since the allegation levelled against them did not make out any offence. The High Court held that, S, who was over 16 years of age, led an immoral life and that she was not threatened with death or hurt. The High Court also held that her consent had not been obtained by putting her in fear of death or hurt and it was she who exercised her discretion to have sexual intercourse with the accused persons. The High Court accordingly quashed the criminal proceedings against the accused petitioners. Aggrieved by this S and the State appeal to the Supreme Court.      The Supreme Court held: The High Court committed gross error in embarking upon an injury by shifting of evidence and exceeded its jurisdiction in coming to a conclusion with regard to S’s age and that she willingly had sexual intercourse with the accused. The case had already been registered under several provision of the Indian penal code as well as under the Immoral traffic Act, 1956. Hence, the scuttling of investigation by quashing S’s FIR was uncalled for. The High Court’s ruling was accordingly, set aside and direction was given to the investigation agency to proceed with and conclude the investigation as ex peditiously as possible in accordance with law. State of Kerala v. O.C.Kuttan & anr.(1999) 2 SCC 651

Condonation of Delay in filing of OA.  BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT COIMBATORE MA No.______ of 2009 in OA No.:______ of 2009 Applicant  Versus Respondents/Non-Applicants  Application under Section 21 (3) of the Administrative Tribunals Act condonation of delay in filing of OA. Respectfully Sheweth : 1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicant. 2. That on perusal of the contents of OA, its grounds and the documents annexed therewith it is evident that the applicant has a plausible case in his favour and the balance of convenience is also in favour of the applicant. The OA is likely to succeed. 3. That however, there has been delay in filing the OA due to the reasons ________. But for these good and sufficient reasons, the applicant would have come before this Hon'ble Tribunal within the stipulated time. However, it is submitted that the applicant stands to gain nothing by delaying the matter. No harm or prejudice will be caused to the respondent if the delay in filing the OA is condoned in the interest of justice. 4. It is, therefore, most humbly prayed that the present application may kindly be allowed and the delay in filing the OA may kindly be condoned in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case. Copimbatore Applicant ______ Through, Advocate  BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL TN AT COIMBATORE MA No.______ of 2009 in OA No.______ of 2009 Applicant  Versus Respondents  Affidavit  I,______, do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to _______ of the accompanying application are correct and true to the best of my knowledge. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein. Affirmed at Coimbatore this the ______. Deponent  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Draft for society NGO   MEMORANDUM OF SOCIETY 1    NAME OF THE SOCIETY. The name of the society shall be REGD. OFFICE:- AIMS AND OBJECTS:- The aims and Objects of the Society, for which the same is established, are as under:- To provide sound education to the children of all communities irrespective of their race, religions, cast or creed in general and to prepare them to become nature and responsible citizens of the country through the all round physical intellectual, academic, mental and spiritual development based on values derived from the life. To start establish, run take over, or manage and maintain schools, with an object secondary senior secondary, and higher education to children by seeking recognition and affiliation from the education departments and concerned Government authorities. iii.      To open, found, establish, promote, set up, run, maintain, assist, finance, support and/or aid and help in the setting up the different kinds of schools, colleges, lecture halls and other establishments or institutions for advancement of education and of knowledge in arts, science, literature, humanities and all the useful subjects in all their manifestations. To arrange and manage the training institutions in Typing, Short – hand, Computer information technology, Fine Arts, Craft, Music, Painting, Modeling, Yoga, Physical Education and in their professional training subjects. To promote literacy, cultural and other social activities of Awareness Programs, Adult Education Classes, Lectures, Essay Competitions Exhibitions, Symposium, Cultural programs, Press Conference and Seminars. To provide food, clothing, medical aid stationery, transportations, libraries, laboratories, reading room, hostels play ground swimming pool and other required facilities to the students and also to the members of the society. vii.     To establish and manage various kinds of Educational, Vocational, Industrial, Agricultural, Research and framing Institutions to introduce and develop the professional courses and also to arrange/provide all kinds of educational facilities to the students, scholars, trainees and to other needy candidates. viii.    To establish, among the develop such out of school activity centers for the children of the under privilege class/section of society where they could have the benefits and joy of participating in sports, games artistic activities, like clay and wood work, music, dance, painting and also organize educational trips. To institute scholarships and help to deserving students and to institute and award prizes, in recognition of excellence in academic performance of students. To meet traveling, boarding and lodging expenses for the students going abroad for higher education and also help them in all possible ways. To promote fine art, crafts among the public including establishment and maintenance of Shilpa Shikshalayas, Kala Kendras (relating to music, dance & modeling) etc. xii.     To follow the ideology of great men and National Leaders who scarified their lives for the causes of depressed, deprived, SC & ST’s, Bengali Community/backward classes minority groups and for other needy peoples. xiii.    To provide free concessional education to the poor, helpless and needy children/students. xiv.    To engage, employ or hire appropriate staff, workers, legal or other professionals, attorneys, managers and Agents fr the Work and furtherance of the aims and objects of the society and to pay their wages, salaries stipends or fees. To receive financial assistance (in the shape of loan or otherwise) from Government, Non-Government organizations, banks or any other legal entity or individual on reasonable terms and conditions. xvi.    To borrow or receive money (with interest or without interest) and upon such terms and condition as are approved by the Government body of the society. xvii.   To accept donations, grants, presents and other offerings (in the shape of movable or immovable properties) and the same shall be utilized by the promotion of aims and objects of the Society. xviii.  To raise funds and resource for the attainment of any of the aims and objects of the society by all lawful means including investment of the funds, donation, fund – raising campaigns, cultural programs, sale of literature, property development, rent from the building etc. xix.    To conduct research in education and other discipline with different subjects relating to education. To arrange and organize social, cultural, educational and child welfare programs/activities from time to time. xxi.    To publish books, charts, illustrations, journals, magazine, periodicals, news papers and other publications on different subjects and in different languages. xxii.   To conduct coaching classes for preparation of the various competitive examinations. xxiii.  To make correspondences in lawful manner to solve the problems of the society like recognition of the schools/institutions engaged by the above society. xxiv.  To erect, construct, after maintain, sell/lease, mortgage, transfer improve, manage and/or develop all or any part of the property/building of the society for attainment of Aims and objects of the Society. xxv.   To purchase/acquired land for different establishments and to construct building/Mandir thereon for the case of society. xxvi.  To purchase construct the building, hostels, houses or structures and/or modify, renovate the building or alter such existing buildings as may be necessary for the purpose of the society and to maintain such building in good condition. xxvii.          To purchase or hire permanently or temporarily and vehicle or vehicles for transportations of the students and those buildings in good conditions. xxviii.         To do or perform any other act which may be incidental or completive to the attainment of any of the object of the above society. xxix.           To arrange and organize Durga Pooja, Religions Functions, Bhajan Kirtan etc. from time to time. xxx.            To approach concerned authorities regarding the solution of problems of the society or the problems of the Bengali Community General Public. xxxi.           To provide social-economic help/assistance to poor and needy people. xxxii.          To provide free medical aid and start Charitable Hospital//Dispensary for the General Welfare of General public. xxxiii.         To arrange activities for the safety of wild animals, and to make improvement in safety of the wild animals and to show mercy towards them. xxxiv.                   To provide electricity and water facilities in locality. xxxv.          To make arrangement for the roads in the rural area of the locality and to approach the concerned authorities to regularize the colonies and to make the improvement  in the locality. xxxxvi.       To arouse the general public towards the aids and to inform the general people about the dangerous deceases of the aids and to make arrangement for safety of the same. All the income, earning, movable & immovable properties of the society shall be solely utilized and applied towards of the promotion of its aims and objects as set for in the memorandum of association. No profit on there of shall be paid or transferred directly by way of dividends, bonus, profits or in any manner whatsoever to the present or future members of the society or any person, through any one or more of the present of the future members.  No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profit whatsoever by virtue of this membership. Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-)

FORM-1 [See Regulation-3(2)] Before the Debts Recovery Tribunal at  Download Word Document In English. (Rs.70/-) Download PDF Document In Marathi. (Rs.70/-)  In the matter of: Case No. ________________  _____________________________________________________  ..... .(Applicant(s)  Versus _____________________________________________________. ...... Defendant(s)  INDEX Sr.No . Particulars Page No. PART-A  1. List of dates & events  2. Plaint  3. Reply/WS  4. Rejoinder  5. I.A. (Affidavit)  6. Any other document PART-B  1. Details of documents with Annexure marked  2. Power of Attorney  3. Board Resolution/Letter of Authorisation.  PART-C 1. Vakalatnama 2. Service Reports etc. Applicant(s) Through Counsel FORM NO.2 [See Regulation-9(1)] CHECK LIST DEBTS RECOVERY TRIBUNAL, COIMBATORE Original Application IA Misc Review Application Appeal No. (Part-A) 1. Dairy No. : _______________________________ 2. Date of Presentation : _______________________________ 3. Presented by : _______________________________ 4. Whether Fresh or Transferred : If Transferred then : _______________________________ a) The name of transferring Court : _______________________________ b) No. of case in transferring Court : _______________________________ c) Date of Receipt in the Tribunal : _______________________________ d) Whether the case has been correctly : _______________________________ filed or file is to be returned. : _______________________________ (Part-B) 1. a) Whether the Application/Appeal in prescribed form : Yes/No b) Whether Addition/Correction in the application : Yes/No has been initiated. c) Total Number of Sets in Paper Book Form : 2. a) Whether the addresses of the parties are given : Yes/No in the title or not. 3. a) Whether the Application/Appeal is duly signed & verified :Yes/No b) Whether the Annexure are duly signed and authenticated : Yes/No c) Whether proper date of filing is mentioned on Application, : Yes/No Vakalatnama etc. d) Whether Memo of address of the applicant is furnished : Yes/No 4. Language of Application whether English Or Hindi? : English/Hindi (If not in Hind Or English, then whether true Translation (However, true translation In Hindi Or English is enclosed). of the documents at Page number not provided) 5. a) Whether Vakalatnama/Authority Letter has been filed : Yes/No b) Whether Power of Attorney/Letter of Authority for filing : Yes/No the Application/Appeal has been filed. Note :Strike out whichever is not applicable. - 2 - 6. Whether the Application/Appeal is within the limitation, : Yes/No If no, whether application for condonation of delay is filed? 7. a) Whether the General Index & list of documents been signed : Yes/No. b) Whether paging has been properly done. : Yes/No 8. a) Whether all the copies of documents has been filed : Yes/No b) Whether all the annexures as per list of documents are : Yes/No made available on record. c) Whether certified coy of judgment & decree has been filed : Yes/No. d) Whether the certified copy on which MA/Review/Appeal : Yes/No. has been preferred is filed. 9. a) Whether copy of statement of accounts with requisite : Yes/No. Certificate annexed to O.A. b) Amount of claim as per application Rs.______________= ________ 10. a) Application fee paid by Demand Draft or IPO/e-Payment DD/PO/MC/IPO No. (Check the number, Name of Bank/Post Office ________ dt.________ Date, amount). For ____Rs._________ b) Whether fee is proper or not : Yes/No. c) Whether particulars of fee paid is mentioned in : Yes/No. Pare 9 of application). 11. Relief Sought : As per para _____ 12. Whether an Interim Relief is claimed, if yes, : Yes/No. Whether fee thereon paid. 13. Whether sufficient number of file sized envelopes, : Yes/No with complete addresses of all the defendants have been filed. 14. a) Whether all documents are on full scape/legal size/paper : Yes/No If not, then whether pasted/affixed on full scape paper with signatures of party submitting the application. b) Whether legible copies of documents filed. : Yes/No. 15. Whether any document is torn/Mutilated (If yes, the description) : Yes/No. Comply the objection No . Sr.No ._____________ on before_____________________ Dated: (Signature of Checking ASS/UDC/LDC) FORM NO.3 [See Regulation-15 (1)(a)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE O.A. NO. __________ OF ________ Exh.No .__________ ____________________________ Applicant (s) Versus _____________________________ Defendants (s) SUMMONS WHEREAS the applicant has instituted an application U/S 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against you for the recovery of sum mentioned therein together with current and future interest and other reliefs. You are hereby summoned to appear and file written statement before this Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of Tribunal on _________ to answer the claim. 2. A copy of the application is enclosed herewith. The copies of the annexures are also enclosed. You are directed to collect the annexure on your appearance before the Tribunal. 3. If you intend to file any documents, you may file the same with a list along with the written statement. 4. You should file your registered address and a memo of appearance when you enter appearance before the Tribunal either in person or by a Pleader/Advocate duly instructed. 5. Take notice that, in default of, your appearance on the day mentioned herein before, the proceeding will be heard and determined in your absence. Given under my hand and the seal of this Tribunal on this ________ day of __________20 . Signature of the Officer Authorised to issue summons. FORM NO.4 [See Regulation-15 (1) (b)] NOTICE UNDER SECTION 17 OF SECURITIZATION ACT R/W PROVISIONS OF THE DEBTS RECOVERY TRIBUNAL ACT AND THE DEBTS RECOVERY TRIBUNAL (PROCEDURE) RULES, 1993 AS AMENED FROM TIME TO TIME. CASE NO………. APPLICANT (S) ………………….. VS. DEFENDANT (S) ………………. An application under Section 17(1) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 has been filed before this Tribunal (A copy of application is enclosed). Show cause as to why the relief prayed for should not be granted. You are required to file reply, if any, in your defence in the paper book form in two complete sets and produce all the documents and affidavit in your support in the Tribunal personally or through your duly authorized agent or legal practitioner and appear before this Tribunal on……….. at 10.30 A.M. failing which the application shall be heard and decided in your absence. You are further directed to supply advance copy of the reply to the SA to the Counsel for the Applicant. Given under my hand and the seal of this Tribunal on this ____ day of _____20 . By order of Tribunal Registrar FORM NO.5 [See Regulation-15 (1)(c)] BEFORE DEBTS RECOVERY TRIBUNAL AT COIMBATORE Notice under Section 31-A r/w 19(4) of the Recovery to Debts Due to Banks and Financial Institutions Act, 1993 read with Rule 12 & 13 of the Debts Recovery Tribunal (Procedure) Rules, 1993. In the matter of: Take notice that Execution Application filed by Applicant for issuance of Recovery Certificate and the same was listed before the Hon’ble Presiding Officer on ………….. A copy of this application is enclosed herewith. Take notice that you are directed to appear in person or through your legal authorized representative before the Hon’ble Tribunal on ……….. at 10.30 A.M., failing which the matter shall be heard in your absence. Given under my hand and the seal of this Tribunal on this ____ day of _____20 . By order of Tribunal Registrar FORM NO.6 [See Regulation-15 (1)(d)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE Misc I.A. / RA No. ________ OF ___________ Exh. No. ____________________________ APPLICANT(S) VERSUS _____________________________ RESPONDENT(S) NOTICE WHEREAS the application has been made to this Tribunal. The copy of which is enclosed herewith. This is to give you notice, as to why relief asked for should not be granted. Take notice that the said application will be taken up for hearing by the Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of the Tribunal on _________. 2. You are required to appear in person or by a Pleader/Advocate duly instructed at the aforesaid time and file your reply, if any. 3. Take notice that in default of, your appearance on the day mentioned herein before, the proceeding will be heard and determined in your absence. Given under my hand and the seal of this Tribunal on this ________ day of __________20 . Signature of the Officer Authorised to issue summons. FORM NO.7 [See Regulation-15 (1)(e)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE APPEAL NO. ________ OF ___________ ____________________________ APPELLANT(S) VERSUS _____________________________ RESPONDENT(S) NOTICE WHEREAS the above named appellant has preferred an appeal under R.D.D.B.F.I. Act against the order passed by the Registrar/Recovery Officer in O.A./R.P. No._______ under section 30 of R.D.D.B.F.I. Act on _________. 2. Take notice that the said appeal (copy enclosed) will be taken up for hearing by the Tribunal at 10.30 a.m. or at such time immediately thereafter according to the convenience of the Tribunal on__________20 3. You are hereby required to appear in person or by a Pleader/Advocate duly instructed, as the case may be, at the aforesaid time and place. 4. If you do not appear on the date of hearing, the appeal shall be decided in your absence. Given under my hand and the seal of this Tribunal on this ________ day of _______ 20 . Signature of the Authorised Officer FORM NO.8 [See Regulation-17(1)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE O.A./R.A/MISC.I.A./APPEAL/R.C. NO.________ OF ________ Applicant/Appellant …………. Vs. Defendant/Respondent ……. APPLICATION FOR INSPECTION OF DOCUMENTS/RECORD. I hereby apply for permission to inspect the documents/records in the above proceeding. The details are as follows:- 1. Name and address of the person : seeking Inspection. 2. Whether he is party to the proceeding. : 3. Details of the papers/documents : sought to be inspected. 4. Reason for seeking the inspection. : 5. Date and timing of the inspection sought : 6. Details of DD/IPO. : Place: Signature of Applicant Or his advocate on record. Date : Note: If the Applicant is not a party to the proceeding, the application shall be supported by affidavit. FORM NO.9 [See Regulation-24(1)] DEBTS RECOVERY TRIBUNAL AT COIMBATORE RECOVERY CERTIFICATE UNDER SUB-SECTION 7 AND 22 OF SECTION-19 OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTION ACT, 1993 AS AMENDED FROM TIME TO TIME. CASE No………….. Having its Branch at: Applicant Bank …………………….. …………………….. Versus …………………… Defendant No.1 ................................ ……………………. Defendant no.2 Recovery Certificate for Rs................................................. In terms of final order dated __________ passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs.________ along with cost, expenses and future interest _______% simple p.a. from the date of filing of the O.A. i.e, .................... till the date of realization in full, jointly or severally from the Certificate Debtors no……….. hereinafter referred to as:- Certificate Debtor 1 Certificate Debtor 2 In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the ………………………………… If there is any shortfall, the same shall be recovered from the sale of …………...... Parties are directed to appear before the Ld. Recovery Officer, ……….DRT-.... Coimbatore, on ............................. The recovery Officer shall realize the amount as per this Certificate in the manner and move prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtors. This Certificate has been issued under my signature and seal of the Tribunal on this______ day of _________. PRESIDING OFFICER DRT, COIMBATORE Form No.29 – Recovery Certificate FORM NO.10 [See Regulations 24(2)] DEBTS RECOVERY TRIBUNALAT COIMBATORE Exhibit No._______ SCHEDULED TO RECOVERY CERTIFICATE MEMO OF COSTS O.A. NO._______ OF ________ ………………. .....Applicant/s Vs. …………………....Defendant/s Sr. No. Item of Costs Amount in Rupees 1. Fee on the application 2. Process Fees (Inc. Publication) 3. Advocate fees 4. Commissioner/Receivers/Valuation/Security fee. 5. Miscellaneous Charges Total Costs : Rs. Place: Presiding Officer Date : Debts Recovery Tribunal FORM NO. 11 [See Regulation 25(1)] DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ O.A./MISC.I.A./R.A./APPEAL/R.C. No. _________of _______ ____________________ Applicant/Appellant Vs. ____________________ Defendant/Respondent APPLICATION FOR RETURN OF DOCUMENTS/RECORD I hereby pray for return of the following documents filed in the above pending/disposed of proceeding on behalf of the applicant/appellant/ defendant/respondent. Sr. No. Particulars of Documents Exhibit No. I undertake to produce the aforesaid document before the Tribunal as and when directed. Place : Date : Signature of Advocate/Party FORM NO. 12 [See Regulation 29(1)] DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ O.A./MISC.I.A./R.A./APPEAL/R.C. No. _________of _______ ____________________ Applicant/Appellant/Certificate Holder Versus ____________________ Defendant/Respondent/Certificate Debtor APPLICATION FOR GRANT OF CERTIFIED COPY 1. Name and address of the applicant : 2. Whether applicant is party to the case : if not whether an affidavit is filed. 3. Whether the case is pending/disposed : 4. Description with date of documents : of which copy is applied for. 5. Number of copies required and nature : of application. 6. Amount of fees deposited : 7. Details of postal orders : 8. Purpose of certified copy required : Place: Date: Signature of applicant Note : If the applicant is not a party to the proceeding, the application shall be supported by affidavit. 9. The date given to the applicant for collection of copy: Signature of applicant 10. Date, Name & Signature of the person receiving the copy: Signature of applicant FORM NO. 13 [See Regulation 29(5)] ENDORSEMENT ON APPLICATION & CERTIFIED COPY 1. Sr. No. of Application : 2. Proceeding No. : 3. Name of the applicant : 4. Date of presentation of application : 5. Date given to collect copy : 6. Number of pages : 7. Copying fee charges : 8. Date on which copy is ready : 9. Date of delivery : (Signature of S.O./Official authorised) FORM NO. 14 [See Regulation 33(2)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ R.C. No. ________of _______ ____________________ Certificate Holder Versus ____________________ Certificate Debtor DEMAND NOTICE To _____________________ _____________________ In view of the Recovery Certificate issued in O.A./Misc. I.A. No. ____________ passed by the Presiding Officer, DRT ___________ an amount of Rs.__________, in word Rs._________________________________________ is due against you. You are hereby called upon to deposit the above sum within 15 days of the receipt of the notice, failing which the recovery shall be made as per rules. In additions to the sum aforesaid you will be liable to pay: (a) Such interest as is payable for the period commencing immediately after this notice of the execution proceedings. (b) All costs, charges and expenses incurred in respect of the service of this notice and other process that may be taken for recovering the amount due. Recovery Officer Debt Recovery Tribunal Coimbatore FORM NO. 15 [See Regulation 34(3)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ WARRANT OF ATTACHMENT OF MOVABLE PROPERTY R.C. No.__________ OF _________. (Short Title) To _______________, _______________ Whereas (C.D.)________was ordered by the Recovery Certificate of this Tribunal passed on the day of _______in O.A./Misc. I.A. No. ___________ to pay to the Applicant Bank/F.I. ___________, the sum as noted below, and whereas the said has not been paid. Recovery Certificate Details Principal Interest Costs Further interest Total This is to command you to attach the movable property of the said Certificate Debtor as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said _________ and unless the said shall pay to you the above said sum and the costs of this attachment, to hold the same until further orders from the Recovery Officer. You are further commanded to return this warrant on or before the ________with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed. Given under my hand and the seal of the Tribunal, this ______day of ______20___. Schedule of property Recovery Officer Debt Recovery Tribunal Coimbatore FORM NO. 16 [See Regulation 34(3)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY R.C. No.__________ OF _________. (Short Title) To _______________, _______________ Whereas (C.D.)________was ordered by the Recovery Certificate of this Tribunal passed on the day of _______in O.A. No. ____ to pay to the Applicant Bank/F.I. ___________, the sum as noted below, and whereas the said has not been paid. Recovery Certificate Details Principal Interest Costs Further interest Total This is to command you to attach the immovable property of the said Certificate Debtor as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said _________ and unless the said shall pay to you the above said sum and the costs of this attachment, to hold the same until further orders from the Recovery Officer. You are further commanded to return this warrant on or before the ________with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed. Given under my hand and the seal of the Tribunal, this ______day of ______20___. Schedule of property Recovery Officer Debt Recovery Tribunal Coimbatore FORM NO. 17 [See Regulation 35(1)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ R.C. No.__________ OF _________. NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUED To _______________, _______________ Whereas (C.D.)____________ has made an application to this Tribunal for execution of Recovery Certificate by arrest and imprisonment of your person, you are hereby required to appear before this Tribunal on _________ to show cause as to why you should not be committed to the civil prison in execution of the said Recovery Certificate. Given under my hand and the seal of the Tribunal, this ______day of ______20___. Seal of the Tribunal Recovery Officer Debt Recovery Tribunal Coimbatore FORM NO. 18 [See Regulation 35(2)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ R.C. No.__________ OF _________. (Short Title) WARRANT OF ARREST IN EXECUTION To The SHO, ____________________ ____________________ Whereas (C.D.)________was adjudged by the Recovery Certificate of this Tribunal in O.A. No. _________dated the _____day of _____20__, to the Recovery Certificate Holder for the sum of Rs.________ as noted below; and whereas the said sum has not been paid to the said Recovery Certificate holder in satisfaction of the said Certificate, these are to command you to arrest the said Certificate Debtor and unless the said Certificate Debtor shall pay to you the said sum together with Rs.____________ for the cost of executing this process, to bring the said Certificate Debtor before the Tribunal with all convenient speed. Recovery Certificate Details Principal Interest Costs Further interest Total You are further commanded to return this warrant on or before the ________ with an endorsement certifying the day on which and manner in which it has been executed/ or the reason why it has not been executed. Given under my hand and the seal of the Tribunal, this ______day of ______20___. Seal of the Tribunal Recovery Officer Debt Recovery Tribunal Coimbatore FORM NO. 19 [See Regulation 35(6)] WARRANT OF DETENTION RC No.________________ To The Officer in-charge of Civil Prison of Central Jail, Coimbatore. Whereas Shri_______________________R/o ___________ _____________, has appeared before the undersigned under a warrant in execution of Recovery Certificate in O.A. No. _______ dated ________ drawn up by the Presiding Officer, Debts Recovery Tribunal________ specifying that an amount of Rs._____________ is to be recovered from him. And whereas he has not satisfied the undersigned that he is entitled to be discharged from custody and has not paid the amount due from him as detailed below: (a) Amount of Certificate Rs. (b) Costs and charges Rs. (c) Interest Rs. And whereas the undersigned in satisfied that Shri ___________________ be committed to the Civil Prison and an order to that effect has been passed by the undersigned on ________. You are hereby commanded and required to take and receive that said Shri ___________________into the Civil Prison and to keep him imprisoned therein for a period of _________i.e. upto __________or until the amount aforesaid together with further interest on Rs.____________ for the period commencing immediately after the date of issue of this warrant is paid to you or until you receive an order of release from the undersigned. The undersigned does hereby fix as per rules Jail Authority per day as the rates for subsistence allowances of the said Shri _________________ during his confinement under the warrant. Given under my hand and seal at _____day of _______20____. Recovery Officer FORM NO. 20 [See Regulation 35(7)] DASTI IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ R.C. No.__________ Dated: _________. ORDER OF RELEASE UNDER RULES 77, 78 & 79 OF THE SECOND SCHEDULE OF THE INCOME TAX ACT, 1961 READ WITH THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993. To The In-Charge of Lock Up/Jail Supt., ……………..Coimbatore. ORDER FOR RELEASE Under orders passed on this ……….. day, of ……20 you are hereby directed to forthwith set free Shri __________________S/o Shri ______________ R/o ___________________________who is now under your custody as a result of the execution of arrest warrants issued by this Tribunal on ___________. Given under my hand and seal on this …………. Day of …… 20….., Recovery Officer DRT,Coimbatore FORM NO.21 [See Regulation 36(4)] IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE O.A./R.C. No.__________ OF __________ (Short title) To ___________________ ___________________ I hereby confirmed that today ____________, I have received actual/physical possession of the property mentioned herein below in execution of Recovery Certificate granted in O.A. No. ______________. Signature of Purchaser In presence of: 1) __________________ 2) __________________ FORM NO.22 [See Regulation 37(1)] REGD. A/D\DASTI\AFFIXATION\BEAT OF DRUM SALE PROCLAMATION OFFICE FO THE RECOVERY OFFICER,COIMBATORE IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE _______________________________________ _______________________________________ R.C. No. DATED: PROCLAMATION OF SALE UNDER RULES 38, 52(2) OF SECOND SCHEDULE TO THE INCOME TAX ACT, 1961 READ WITH THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 ................................VS..................................... To, CD No.1:_______________________ _______________________ Whereas you has/have failed to pay the sum of Rs....................Only) payable by you/him in respect of Recovery Certificate in OA/T.A. No........... By the Presiding Officer, Debts Recovery Tribunal_______ and the interest and costs payable as per certificate. And whereas the undersigned has ordered the sale of property mentioned in the Schedule below in satisfaction of the said certificate. And whereas there will be due there under a sum Rs................Only) including costs and interest thereon w.e.f................ Notice is hereby given that in absence of any order of postponement, the said property shall be sold on ............... by e-auction and bidding shall take place through “On line Electronic Bidding” through the website http://.....................of M/s................................................. For further detail contact: Mr...........................Officer of bank.................... -2 - The sale will be of the property of the defendant above named as mentioned in the schedule below and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot. The property will be put up for the sale in the lots specified in the schedule. If the amount to be realized is satisfied by the sale of a portion of the property, the sale shall be immediately stopped with respect to the remainder. The sale also be stopped if, before any lot is knocked down, the arrears mentioned in the said certificate, interest costs (including cost of the sale) are tendered to the officer conducting the sale or proof is given to his satisfaction that the amount of such certificate, interest and costs have been paid to the undersigned. No officer of other person, having any duty to perform in connection with sale, however, either directly or indirectly bid for, acquire or attempt to acquire any interest in the property sold. The sale shall be subject to the conditions prescribed in Second Schedule of the Income Tax Act, 1961 and the rules made there under and to the further following conditions. The particulars specified in the annexed schedule have been stated to the best of the information of the undersigned, but the undersigned shall not be answerable for any error, mis-statement or omission in this proclamation. 1. (a) The reserve price below which the property No.(i) (mentioned below) shall not be sold is....................................... 2. The amount by which the biddings are to be increased shall be Rs............./- In the event of any dispute arising as to the amount of bid, or as to the bidder, the lot shall at once be again put up to auction. 3. The highest bidder shall be declared to be the purchaser of any lot provided that further that the amount bid by him is not less than the reserve price. It shall be in the discretion of the undersigned to decline/acceptance of the highest bid when the price offered appears so clearly inadequate as to make it inadvisable to do so. 4. EMD shall be deposited by........... Online through RTGS/NEFT/directly in to the account No............... the name of .................of CH Bank, ………. having IFSC Code No................ Or by way of DD/pay order in favour of Recovery Officer, DRT______ to be deposited with R.O., DRT________ and details of the property along with copy of PAN card, Address proof and identity proof, E-mail ID, Mobile No. and in case of the company or any other document confirming representation/attorney of the company and the receipt/counter file of such deposit. EMD deposited thereafter shall not be considered for participation in the e-auction. 5. The successful bidder shall have to pay 25% of the sale proceeds after adjustment of EMD on being knocked down by next date i.e. By 3:00 P.M. in the said account as per detail mentioned in para 3 above. If the next day is Holiday or Sunday, then on next first office day. 6. The purchaser shall deposit the balance 75% of the sale proceeds on or before 15th day from the date of sale of the property, exclusive of such day, or if the 15th day be Sunday or other Holiday, then on the first office day after the 15th day by prescribed mode as stated in para 3 above. In addition to the above the purchaser shall also deposit Poundage fee with Recovery Officer, DRT__________@2% upto Rs.1,000/- and @1% of the excess of the said amount of Rs.1,000/- through DD in favour of Registrar, DRT_____. In case of default of payment within the prescribed period, the deposit, after defraying the expenses of the sale, may, if the undersigned thinks fit, shall be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. The property shall be resold, after the issue of fresh proclamation of sale. The property is being sold on “AS IS WHERE IS BASIS”. The undersigned reserves the right to accept or reject any or all bids if found unreasonable or postpone the auction at anytime without assigning any reason. No. of lots Description of the property to be sold with the names of the co-owners where the property belongs to defaulter and any other person as co-owners. Revenue assessed upon the property or any part thereof Details of any other encumbrance to which property is liable Claims, if any, which have been put forward to the property, and any other known particulars bearing on its nature and value. 1. 2. 3. 4. 5. 1. Given under my hand and seal on this …………. Day of …… 20….., Recovery Officer DRT,Coimbatore FORM NO. 23 [See Regulation 38(i)] REGISTER OF RECOVERY CERTIFICATE Sr. No. R.C. No. Name of the Certificate Holder Name of the Certificate Debtor Date of Receipt 1 2 3 4 5 Tribunal from which R.C. is received Date of Transfer Tribunal to which the R.C. transferred Amount of Recovery Certificate Remarks 5 6 7 8 9 FORM NO.24 [See Regulation 38(ii)] REGISTER OF ATTACHMENT OF MOVABLE PROPERTY Sr. No. RC No. Name & Address Of Applicant Name & Address of Defendant Amount Of Certificate Date of Issue of warrant of Attachment Date of Attachment 1 2 3 4 5 6 7 Description of Property Estimated Value of Each Property Place where the property is kept in custody Date of sale/ Resale Amount of Sale Proceed s Date of confirmation of any sale Remarks 8 9 10 11 12 13 14 FORM NO.25 [See Regulation 38(iii)] REGISTER OF ATTACHMENT OF IMMOVABLE PROPERTY Sr. No. RC No. Name & Address Of Applicant Name & Address of Defendant Amount Of Certificate Date of Issue of warrant of Attachment Date of Attachment 1 2 3 4 5 6 7 Description of Properties attached with Survey No. Estimated Value of Property Amount of sale proceeds Date of Confirmation of Sale Date Of Issue of sale Certificate Remarks 8 9 10 11 12 13 FORM NO.26 [See Regulation 38(iv)] EXECUTION REGISTER FOR THE RECOVERY INSPECTOR Sr. No. RC No. Date of receipt of Attachment Warrant of Moveable Date of receipt of Attachment Warrant of Immoveable Others 1 2 3 4 5 Date of Receipt Date of return Signature of Recovery Officer Remarks 6 7 8 9 FORM NO.27 [See Regulation 38(v)] STAY REGISTER OF RECOVERY PROCEEDINGS Sr. No. RC No. Name and address of the Certificate Holder 1 2 3 Name and address of the Certificate Debtor Particulars of Stay Remarks 4 5 6 FORM NO.28 [See Regulation 38(vi)] REGISTER FOR DISPOSAL OF RECOVERY CERTIFICATE Sr. No. RC No. Name of the Certificate Holder Name of the Certificate Debtor Date of Disposal Nature of Disposal Remarks 1 2 3 4 5 6 7 FORM NO.29 [See Regulation 38(vii)] REGISTER FOR RECOVERY OFFICER’S PAYMENT RECEIVED Sr. No . R.C. No. and name of the applicant disposing the amount Amount received Date of amount deposited Sr. No. R.C. No. and name of the party to whom amount is paid Amount paid Balance 1 2 3 4 5 6 7 8 FORM NO.30 [See Regulation 38(viii)] REGISTER FOR SALE CERTIFICATE ISSUED Sr. No. R.C. No. O.A. No. and name of the Tribunal which passed the R.C. Name of parties Name of the Auction Purchaser Date of confirmation of sale 1 2 3 4 5 6 Description of the property sold Price Paid Date of granting the certificate Remarks 7 8 9 10 FORM NO.31 [See Regulation 39(i)] STAY REGISTER OF O.A./T.O.A./M.A./R.A./APPEAL Sr. No. Proceeding No. Name and address of the Applicant Name and address of the Defendant 1 2 3 4 Amount of claim. Authority granting stay Particulars of stay Remarks 5 6 7 8 FORM NO.32 [See Regulation 40(i)] DISPOSAL REGISTER Sr. No. Case No. Title Amount of claim. 1 2 3 4 Date of disposal Remarks 5 6

Additional Evidence- Suit for permanent injuction IN THE COURT OF _____ _____    Versus   _____   Suit for permanent Injunction APPLICATION FOR ADDUCING THE ADDITIONAL EVIDENCE BY WAY OF TENDERING _____CERTIFICATES BEFORE THIS HON’BLE COURT RESPECTFULLY SHOWETH: That the above noted case is pending in this Hon’ble court and is fixed for today. That due to some oversightness the applicants /petitioners could not deposit the _____ Certificates of the applicants/petitioners before this Hon’ble court at the time of filing of the petition. That the _____ certificates of the petitioners are necessary documents for the proper adjudication of the above noted petition.4- That now the applicants/petitioners want to adduce their evidence by way of tendering the _____ Certificates before this Hon’ble court.It is, therefore, prayed that the applicants/petitioners may kindly be allowed to adduce their additional evidence by way of tendering their _____ certificates in the interest of justice. Dated _____ PETITONERS Through counsel _____ ADVOCATE, _____ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Memorandum of Cross Objection (O.41, R.22.) (Title) WHEREAS the has preferred an appeal to the Court at from the decree of in Suit No..............of 19, dated the.............day of........19........., and whereas notice of the day fixed for hearing the appeal was served on the on the day of 19, the files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:-- Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Legal Notice Format For Snatching And Accident Seat No._____, __________District courts, _____________________________Phone No Ref No.________ Dated ____________ REGISTERED A.D./ U.P.C. LEGAL NOTICETo, _________________Sir, Under the instructions from and on behalf of my client Mr. _______________, resident of __________________________, I do hereby serve you with the following legal Notice: –1- That my client is respectable person of the society and he is plying his ____________________ on the roads and is earning the livelihood for his family members. 2- That in the month of _________________my said client driving his vehicle on a very moderate and normal speed, on the extreme left side of the road keeping in view the principles of road and safety of the others on the road when reached at ____________________ meantime your client driving your offending ______________ rashly, negligently, with a high-speed came from behind side and hit vehicle__________________ of my client from back side. You came out of the car and gave fists and slaps blow to my said client. You forcibly snatch the R.C. of the ________________________ from the custody of my said client and also snatched the purse containing Rs. ___________/-. 3- That my client went to your client and asked you to return the R.C. as well as the cash amount of Rs. ____________/- but you instead of returning the same threatened my client for dire consequences. In this way you have forced my said client to file the criminal and civil proceedings against you in the competent court of law against you as well as your driver. 4- That you along with your driver have committed criminal wrongs by snatching the R.C. and the cash amount from my said client for which my client reserves his right to file criminal proceedings as well as suit for damages against you in the competent court of law. You have robbed the money as well as R.C. from the custody of my said client I, therefore, through this legal notice call upon you to handover the R.C. of _______________________ along with the amount of Rs. __________/- with interest to my said client and Rs. ______________/- as charges of this legal Notice within the period of 15 days from the date of receipt of this legal notice, failing which my client has given me clear instructions to file civil, criminal, suit for damages and other Misc. proceedings against you in the competent court of law and in that event you shall be responsible for all costs, risks and responsibilities which please note well. A copy of this legal notice is retained in my office for record and further necessary action.____________, Advocate___________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Application under Section 5 of the Limitation Act for condonation of delay in filing IN THE HON'BLE HIGH COURT OF  …………………….AT …………………… CMP (M) No.: ______ of 20___  in ______  No.: _______ ............................................................Applicants/PetitionersVersus..............................................................Respondents Application under Section 5 of the Limitation Act for condonation of delay in filing  __  Respectfully Sheweth : 1. That the applicant has filed a _____ in this Hon'ble Court.  2. That there is _____ days delay in filing the _____ due to the reasons ____. 3. That the delay in filing the _____ is neither intentional nor will full but due to the good and sufficient reasons shown herein above.  Interest of justice demands that the present application is allowed and the delay in filing ____ is condoned so that the matter can be adjudicated upon on its merit. 4. It is, therefore, most respectfully prayed that this application may kindly be allowed and the delay of ______ days in filing the _____ may kindly be condoned and the matter may kindly be heard on its merit in the interest of justice.  Such other orders as deemed fit and proper in the facts and circumstances of the case may kindly also be passed. (Name of Place)                                                                                                                                                                                                                                       Applicant ______                                                                                                                                                                                                                                                Through, Advocate   BEFORE THE HON'BLE HIGH COURT OF …………………… AT …………….. CMP No.: _____  in _____  No.: _____.........................................................................Petitioner/ApplicantVersus...........................................................................Respondents/Non-Applicants Affidavit in support of application under Section 5 of the Limitation Act I,_____,  do hereby solemnly affirm and declare as under :- 1.  That the accompanying application has been prepared under my instructions.2. That the contents of paras 1 to ______ of the accompanying application  are correct and true to the best of my knowledge.3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.   Affirmed at (Name of Place) this the _____Deponent   IN THE HON'BLE HIGH COURT OF …………… AT ………… CMP No.:  ______ in  _____  No: _____ Petitioner/ApplicantVersus Respondents/Non-applicantsINDEX Sl No AnnxParticulars of Documents Pages1 Application U/S 151 CPC 12 Affidavit  3A-1   4A-2  5A-3  6A-4    (Name of Place)                                                                                                                                                                                                                                Petitioner______                                                                                                                                                                                                                                                          ]] Through, Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)