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  • Witness Application for Bail Affidavit

    Witness Application for Bail Affidavit IN THE COURT OF HON’BLE SESSIONS JUDGE _____ _____    VERSUS  _____          FIR NO. _____ of _____    U/s _____ OF IPC    Police Station  _____ APPLICATION FOR BAIL      AFFIDAVIT I, _____, _____ do hereby solemnly affirm and declare as under:- 1- That as per the instructions of the accused the present application is the _____ bail application in the above mentioned case before this Hon’ble court.          Deponent Verification: Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein.Verified at _____ on _____ Deponen Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Preliminary Decree in an Administration Suit by a Legatee

    Preliminary Decree in an Administration Suit by a Legatee, Where an Executor is held Personally Liable for The Payment of Legacies (Title) 1.     It is declared that the defendant is personally liable to pay the legacy of Rs. bequeathed to the plaintiff; 2.     And it is ordered that an account be taken of what is due for principal and interest on the said legacy; 3.     And it is also ordered that the defendant do, within weeks after the date of the certificate of the*, pay to the plaintiff the amount of what the* shall certify to be due for principal and interest; 4.     And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in case the parties differ. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • How to write mutual divorce agreement in India by expert lawyers for divorce

    How to write mutual divorce agreement in India by expert lawyers for divorce: Mutual Divorce Agreement before the Family Court is a crucial and vital document regulating the process of divorce and all other related matters in the case of a dispute between the spouses. The mutual divorce agreement in India has a legal value as well as legal effect. How to write a mutual divorce agreement in India depends upon the facts of the particular case, the points of dispute between the parties and other related issues. The mutual divorce agreement is thus required to be drafted by an expert Lawyer who is well-versed of all the pros and cons of the matrimonial laws in India. We have tried to explain in brief some important tips on how to write a mutual divorce agreement in India with the format. A poorly drafted agreement for divorce in India would lead to complications instead of smooth separation of the spouses thereby leading to loss of valuable time, money in the judicial process. We have thus tried to explain in brief how to write a mutual divorce agreement in India before the family courts. Read Also –  How to start an import-export business in India? Since the mutual divorce agreement is an important and  crucial document  regulating and controlling the entire process of divorce in India, it is advisable to avail of the best legal services by an expert in this regard. We have an in-house team of legal experts who can guide you on how to write a mutual divorce agreement in India before the family courts online. The important points which should be considered and possibly included in the mutual divorce agreement before the family courts are explained in brief in How to write a mutual divorce agreement in India by our experts. i) Alimony issues between the parties. ii) Status of the children including visitation rights, expenses of education, marriage, etc. iii) Bifurcation of the mutually held properties if any. iv) Rectification and correction of any records regarding the status of marriage, nomination, etc. Important tips on mutual divorce agreement writing in India: The Mutual Divorce Agreement in India before the family courts should contain all particulars including the name, address, age of both the parties with their photographs. Mutual Divorce Agreement should also contain the date and place of marriage and places of stay of the parties during their matrimony, giving the period of stay. Mutual Divorce Agreement before the family court should also contain the number of children if any with their age or date of birth. The Mutual Divorce Agreement before the family court should especially contain the entire details of the properties of both the parties including their movable as well as immovable properties with their number, value, etc. The Mutual Divorce Agreement in India should also contain the mode of distribution of the said properties and the transfer of the title of the property if any in the process. The Mutual Divorce Agreement in India should also contain the date of which the parties are living separately and their locations. The Mutual Divorce Agreement in India should clearly indicate the legal proceedings if any instituted or pending between the parties with the entire details. The Mutual Divorce Agreement should clearly include the aspect that the entire dispute between the parties is being settled under the agreement and no claims of any past or future are payable in any manner which is not covered under the agreement for mutual divorce in India. The Mutual Divorce Agreement should clearly spell that all proceedings, complaints, etc. stand settled under the agreement and no claim, counterclaim, etc. remain against each other, and any future complaint shall be treated as null and void if made after the agreement and both the parties shall be at liberty to close all proceedings by filing the copy of the settlement between the parties. The Mutual Divorce Agreement should also contain that the wife has received all her Stridhan, Permanent alimony, and all other dues under the marriage and she is forgoing ( as the case may be) all her claims in the property or maintenance, etc.The Mutual Divorce Agreement should clearly contain the custody of the minor children and the arrangement made regarding their maintenance. The Mutual Divorce Agreement should also contain the date or the period and place where the proceedings of divorce by mutual consent between the parties would be launched. The Mutual Divorce Agreement should also contain the terms of payment of the money or handing over of the assets at different stages of the case. The Mutual Divorce Agreement should be drafted on the stamp paper of appropriate value as per the local laws. The Mutual Divorce Agreement should contain the signatures, and thumb impression of both the parties and should be duly witnessed by two persons to give finality to it. A suggested format for Online Mutual Divorce Agreement in India This agreement for mutual divorce deed in India is executed on this day—————–at—————- (from now on called the First party) AND MRS. —————- (from now on called the second party).Whereas both the parties were married on ———— at ———. The parties after that cohabited at the following places as husband and wife: There is no child born to the couple under this marriage ( or as the case may be) And Whereas after the marriage owing to the temperamental difference, different of habits, taste thoughts and increasing incompatibility, the relationship between the parties deteriorated finally to avoid further deteriorated in the relationship the parties had started living separately since ———- . And Whereas as efforts and attempts were made by the friends and relatives for reconciliation and resumption of the marital relationship, but it could not be successful due to the ideological differences in temperamental which has rendered normal married life impractical and impossible. The marriage has broken down irretrievably. And Whereas the parties have now mutually agreed to have this marriage dissolved by a decree of divorce by mutual consent on the following terms and conditions. a. It is agreed between the parties that the Second Party has amicably settled all their disputes towards Stridhan dowry Articles permanent alimony and maintenance etc. and she is not claiming anymore amount against the same as she has already collected all her belongings and there is no claim in any manner now. b. It is agreed between the parties, that the parties to the Compromise/Settlement Deed that they would file a mutual divorce petition before the Family Court at—————on the date of signing of the present deed and not later than ————– from the date of this Settlement/Compromise Deed as mentioned above and shall appear before the court to make their statements before the Ld. Court. c. It is agreed between the parties, that both the parties shall not file any suit petition or complaint etc. against each other and the family members of each other in future and shall withdraw all the complaints, proceedings if filed anywhere before any authority in this regard whenever the same comes to the knowledge of the parties besides the cases mentioned above. d. That both the parties hereby agreed that this Compromise/Settlement Deed is irrevocable and unquestionable and undertake that this Compromise/Settlement Deed would inter alia be legal, valid, binding and enforceable and executable in all manners and none of the parties shall be at liberty to take the advantage of any technical language or lacuna if any if the same are not explain hereinabove. e. Details of children and their age and the aspect of custody of the children. f. Details of the properties and their distribution. And Whereas this Mutual Divorce Agreement has been executed between the parties with their mutual consent and free will without any pressure, force, coercion or undue influence from any side. In witnesses of which, both the parties have signed the present Mutual Divorce Agreement in the presence of following witnesses: First Party Second Party Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Affidavit as to Documents O.11, R.13

    Affidavit as to Documents.(O.11, R.13.) (Title as in No.1 supra.) I, the above-named defendant C.D., make oath and say as follows:-- -- 1.     I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto. 2.     I object to produce the said documents set forth in the second part of the first schedule hereto [state grounds of objection]. 3.     I have had but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto. 4.     The last-mentioned documents were last in my possession or power on [state when and what has become of them and in whose possession they now are]. 5.     According to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or in the possession, custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract form any such document, or any other document whatsoever relating to the matters in question in this suit or any of them, or wherein any entry has been made relative to such matters or any of them, other then and except the documents set forth in the said first and second schedules hereto. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Specific Performance No. 1

    Specific Performance (No. 1) (Title) A.B., the above-named plaintiff, states as follows:- 1.     By an agreement dated the....... day of .............and signed by the defendant, he contracted to buy of [ or sell to ] the plaintiff certain immovable property therein described and referred to, for the sum of .............rupees. 2.     The plaintiff as applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so. 3.     The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice. [As in paras.4 and 5 of Form No.1.] 6.     The plaintiff claims that the court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [ or to accept a transfer and possession of the said property] and to pay the costs of the suit. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • WRITTEN ARGUMENTS IN THE EXTRADITION MATTER

    WRITTEN ARGUMENTS  IN THE EXTRADITION MATTER Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) IN THE COURT OF __________, ACMM, PATIALA HOUSE COURTS,                                NEW DELHI UNION OF INDIA VS. __________________ NEXT DATE OF HEARING – _________ WRITTEN ARGUMENTS MOST RESPECTFULLY SHOWETH: 1.That in pursuance of order dated 22.04.2010 of Ministry of External Affairs above mentioned enquiry, in respect of request for Extradition by the Govt. of United States of America, has been initiated on the ground that the applicants are wanted in America for prosecution in respect of certain offences. 2.That it is a matter of record, which fact has also been taken note of by the Hon'ble Delhi Court in its judgment dated 21.12.2012, delivered in the matter pertaining to some legal issue involved in the matter, that the applicants are already facing trial in separate cases, registered against them, in India itself. The relevant paras no.5, 6 & 7 of the said judgment are reproduced in this regard as under:- “ 5.At this juncture, it would be relevant to point out that earlier, on 19.04.2005, on the basis of information received from US Drug Enforcement Authority, joint raids were conducted by the Narcotics Control Bureau and cases were initiated against the petitioners and on the said date, the petitioners in WP (Crl) 1530 and 1531 were arrested. Three separate cases were registered against the petitioners. One case was registered in Delhi, another in Jaipur (Rajasthan) and the third one in Agra (U.P.). In Delhi, it was Case No.52/2005 under Sections 21, 22, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as „the NDPS Act‟). That case is pending before the learned Additional Sessions Judge, New Delhi. In that case, Mr X is the accused. 6.In Jaipur, Case No.34/2005 was registered under Sections 8(c), 22, 23 and 29 of the NDPS Act against X, Y and Z. In that case, the Sessions Court at Jaipur acquitted all the three accused by virtue of a judgment and / or order dated 28.08.2015 and consequently, the three accused were released from jail on 28.08.2015 after having spent more than four years in custody. The State, however, did not accept the decision of the Sessions Court and preferred an appeal before the High Court of Rajasthan, Jaipur Bench which is pending. 7.Insofar as the Agra case is concerned, it was registered as Case No.8/5/DZU/2005 under Sections 21, 22 and 23 of the NDPS Act in which Mr X is an accused. That case is still pending before the Sessions Court in Agra (U.P.). Mr A was also sought to be accused in the Agra case, but his remand was declined by the Sessions Court by an order dated 20.04.2005 and he was discharged on the ground of lack of evidence against him. As such, there is no case pending against A in India insofar as the aforesaid offences are concerned.”          It is respectfully submitted that it is a matter of record and admitted by the Union of India that the offences, for which the applicants are facing trial in this case, are different from the offences for which extradition is being sought by the USA Government in order to prosecute them there. 3.That in view of section 31(1) (d) of the Extradition Act, 1962 there is a restriction on extradition / returned of the alleged fugitive criminal to the foreign state / USA herein. The said provision of the Act is reproduced as under for ready reference:- “(d) If he has been accused of some offence in India, not being the offence for which his surrender or return is sought, or is undergoing sentence under any conviction in India until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;”          It is respectfully submitted that applicants have been acquitted in the aforementioned case registered in Jaipur and leave to appeal by the NCB is pending before the Rajasthan High Court. Other said case in Agra is still pending trial. 4.That, therefore, bar of section 31(1)(d) for extradition of the applicants is fully applicable in the present case. 5.That it is further respectfully submitted that the offences for which extradition of the applicants is being sought are not made out against them, since they have been falsely implicated in the matter. Moreover, they appear to be politically motivated, which fact the applicants would substantiate before this Hon'ble Court during the course of enquiry proceedings. 6.That the applicants are permanent residents of Rajasthan and as such there are no chances of their absconding or flee from justice, more particularly when they have roots in society and have other family members in this Country. 7.That it would not be out of context to mention here that the Hon'ble Delhi High Court had stayed their arrest during the pendency of the aforementioned Writ Petition, which liberty the applicants never misused. Therefore, this also shows that the applicants are not likely to abscond. PRAYER:-         In view of foregoing, it is most respectfully prayed that extradition of the above named applicants by the requesting state may kindly be denied and the fugitives may kindly be discharged from the matter. New Delhi Dated:      Applicants (X, Y and Z) Through     Counsel

  • Not Delivering Goods Sold

    Not Delivering Goods Sold (Title) A.B., the above-named plaintiff states as follows:- On the ........day of........ 19.........., the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the ............day of .........19...........and that the plaintiff should pay there for rupees on delivery. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. The defendant has not delivered the goods, and the plaintiff has bees deprived of the profits which would have accrued to him from such delivery. [As in paras.4 and 5 of Form No.1, and Relief claimed.] Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

  • Order for Transmission of Summons to be Served on a Prisoner

    Order for Transmission of Summons to be Served on a Prisoner (O.5, R.24.) (Title) To The Superintendent of the Jail at............. UNDER the provisions of Order V, rule 24, of the Code of civil Procedure, 1908, summons in duplicate is herewith forwarded for service on the defendant ............who is ..........a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Courage signed by the said defendant, with a statement of service endorsed thereon by you. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Format of Civil writ Petition in Supreme Court

    Format of Civil writ Petition in Supreme Court IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. __________OF 200________ IN THE MATTER OF: __________________ _______________________________________________PETITIONER VERSUS ________________________________________________________& Others RESPONDENT AFFIDAVIT I,________________________ , son of _____________________ , aged about _____ years, residing at ______________ Delhi do hereby solemnly affirm and state as follows:- 1.     That I say that that I am the petitioner in the above mentioned matter and I am well conversant with the facts, proceedings and circumstances of the case and hence competent to swear to this affidavit. 2.     That I say that that I have read and understood the contents of the accompanying Writ Petition para 1 to para _____ at page no. ______to _______ and the list of dates, pages B to ________ and I say that the facts stated therein are true to my knowledge. 3.     That I have read and understood the contents of the I.As . and I say that the contents thereof are true and correct to my knowledge. 4.   That I say that the annexure along with the Writ Petition are true copies of its respective originals. 5.     That I say that the averments of facts stated herein above are true to my knowledge, no part of it is false and nothing material has been concealed there form. 6.     Verified at New Delhi on this the __________ day of __________ , 200 Deponent Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Certificate to Judgment

    Certificate to Judgment-Debtor Authorising him to Mortgage Lease or Sell Property (O 21, R.83.) (Title) WHEREAS in execution of the decree passed in the above suit an order was made on the ..........day of ..........19, for the sale of the under-mentioned property of the judgment-debtor, and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof: This is to certify that the Court cloth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of ............from the date of this certificate; provided that all monies payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment-debtor. Description of property GIVEN under my hand and the seal of the Court, this ................day of .............19 Judge. Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

  • Defence in Suits Relating to Nuisances

    Defence in Suits Relating to Nuisances 1.     The plaintiff's lights are not ancient [or deny his other alleged prescriptive rights]. 2.     The plaintiffs lights will not be materially interfered with by the defendant's buildings. 3.     The defendant denies that he or his servants pollute the water [or do what is complained of ]. [If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.] 4.     The plaintiff has been guilty of laces of which the following are particulars:-- -- 1870.Plaintiffs mill began to work. 1871.Plaintiff came into possession. 1883.First complaint. 5.     As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and says that the acts complained of have not produced any damage to the plaintiff.[If other grounds are relied on, they must be stated, e.g., limitation as to past damage.] Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • 300 LEGAL Words are most helpful for Legal drafting

    300 LEGAL Words are  most helpful for Legal  drafting.  Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) Expedient – To Prioritize, to rush  Cavil – Argument by which a conclusion evidently false, is  drawn from a principle evidently true.  Elusive – Difficult to find, catch or achieve.  Scuffle – a short, confused fight or struggle at close quarters.  Credential – a qualification, achievement, quality, or aspect of  a person ‘s background, especially when used to indicate their  suitability for something.  Oblivious – Aware.  Accustomed – Customary; usual.  Treacherous – Guilty of or involving betrayal.  Erudite – learned.  Accentuating – More noticeable.  Crescendo – Progressive increase in intensity.  Tedious –Too long, slow or dull.  Dreadful – involving great suffering.  Enigma – Mysterious or difficult to understand. Sceptical – Doubtful.  Sardonic – grimly mocking or cynical.  Habeas corpus – a prerogative writ to a person who detains  another in custody and which commands him to produce or  ‘have the body of that person before him ‘ Mesne – middle, intervening or tame by nature. Per se – by itself  Nocumentum – an annoying, unpleasant or obnoxious thing  or ptactice.  Non obstante – notwithstanding  Prima facie – on the face of it.  Aequitas – Equity i.e. fair or just according to natural law. Bona fide – in good faith.  Certiorari – a writ of a superior court calling forth the records  and entire proceedings of an inferior court or a writ by which  causes are removed from an inferior court into a superior  court.  Obiter dictum – an incidental and collateral opinion uttered  by a judge while delivering a judgement and which is not  binding.  Pari material – on the same material.  Pendente lite – during the process of litigation. Supra – above.  Status quo – the state in which the things are, or were. Volkogeist – general awareness of the people.  Res judicata – a case or suit already decided.  RE – in the matter of.  Ratio Legis – according to spirit of law Scienter – knowledge; an allegation in a pleading that the  thing has been done knowingly.  Ex gratia –as an act of grace or favour.  In rem – an act, proceeding or right available against the world  at large, as opposed to in personam.  Noscitur a socits – a word known by its associates, i.e. the  meaning of a word cab be gathered from the context.  Res sub judicata – a matter under judicial consideration.  Ad hoc – created or done for a particular purpose as  necessary.  Pertinent – Relevant or applicable to a particular matter, apposite.  Curative petition – question arises whether an aggrieved  person is entitled to any relief against the final judgment /  order of the Supreme Court, after dismissal of a review  petition  Erect –rigidly upright or straight.  Advent – arrival of a notable person or thing.  Submergence – to cover; bury.  Vicinity –the area near or surrounding a particular place.  Detention –the act of detaining someone or the state of being  in official custody.  Rebuttable – an instance of rebutting evidence or an  accusation. Preclude – prevent from happening; make impossible.  Discrepancy – an illogical or surprising lack of compatibility or  similarity between two or more facts.  Superannuation – pension paid to a retired employee who has  contributed to a superannuation fund.  Ordinance – An authoritative order  Promulgation – to make known by open declaration; publish; proclaim formally or put into operation.  Consortium – the right of association and companionship with  one’s husband or wife  Averred – allege as a fact in support of a plea  Estoppel – the principle which precludes a person from  asserting something contrary to what is implied by a previous  action or statement of that person or by a previous pertinent  judicial determination.  Plenary – unqualified; absolute  Impugned – dispute the truth, validity or honesty of (a statement or motive); call into question.  Prejudiced – harm or injury that results or may result from  some action or judgement.  Legal Luminary – a person who inspires or influences others, especially one prominent in a particular sphere.  Plagiarized – the act of appropriating the literary composition  of another, or parts or passages of his writings, or the ideas or  language of the same, and passing them off as the product of  one’s own mind.  Evacuee – A person evacuated from a place of danger. Demarcate – Set the boundaries or limits of.  Unfettered – not confined or restricted  Discernible – able to be discerned; perceptible. Arenas – a place or scene of activity, debate, or conflict.  Transgression – An act that goes against a law, or code of  conduct; an offence.  Construed – interpret in a particular way.  Consonance – Agreement or compatibility, between opinions  or actions.  Retrospectively – looking back.  Dissuade – persuade not to take a particular course of action. Rationale – set of reasons.  Embezzlement – Theft or misappropriation of funds placed in  one’s trust or belongings to one’s employer.  Perished - die, especially in a violent or sudden way. Inter alia – among other things  Arbitration – the use of an arbitrator to settle a dispute.

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