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  • 138 of Negotiable Instruments Act

    Format of Affidavit for and on behalf of the Complainant by way of evidence in case of Criminal Complaint Under section 138 of Negotiable Instruments Act. In some courts at the time of filing criminal complaint under section 138 of Negotiable Instruments Act (read with section 141 in case of Companies) against return of cheque, an affidavit regarding evidence needs to be filed by the complainant (Not in all courts). Format of complaint s given here under.     Draft Format of Evidence by way of affidavit for and on behalf of the Complainant (Not necessary in some courts) IN THE COURT OF _____________________________ COMPLAINT NO. ___________ OF 20__  IN THE MATTER OF:Mr. _______________  COMPLAINANT  VERSUS  Mr. ________________  ACCUSED EVIDENCE BY WAY OF AFFIDAVIT FOR AND ON BEHALF OF THE COMPLAINANT Affidavit of Mr. __________________ aged ____years, the resident of ______________________________. I, the above named deponent, on solemn oath do hereby state, declare and affirm as under: That I am the Complainant and am competent to file the present Complaint before this Hon'ble Court. That I say the Complainant had extended credit facility of Rs.___________ /- to the Accused. The said credit facility was repayable as per the cheques issued by the Accused. I say that the Accused had issued Cheque No. ___________dated _____________for Rs. ________________, drawn on ______________ in my favour towards discharge of his above said liability. The above cheque was drawn on cheques drawn ______________________ is exhibited as EX CW1/A. I say that the above cheques, on presentation, was dishonoured by the bank of the Accused vide returning memo dated ____________stating the reason to be "Funds Insufficient". The said Returning Memo is exhibited as EX- CW1/B. I say that on account of the dishonor of the said cheques, the complainant had served a legal notice dated _____________upon the accused person. A Copy of the notice is exhibited as EX CW1/C. The Postal Receipt exhibited as EX-CW1/D. I say that consequent to the non payment of the cheques amount so demanded by the complainant within the statutory period, the Complainant has filed the present complaint, which is well within limitation. The limitation document is exhibited as EX CW1/E. I say that the complainant not filed any complaint in any other court which is pending in respect of the transaction involved in the present matter. I say that in view of the facts the accused be summoned and tried as per law.  I say that I close my pre-summoning evidence.   DEPONENT VERIFICATION Verified at New Delhi on this _____day of ______2013, that the contents of the above affidavit are true and correct to the best of my knowledge and belief based on the records maintained by the Institute in normal course of business. No part of it is false and nothing material has been concealed therefrom.   DEPONENT Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • To Accompany Returns of Summons of another Court

    To Accompany Returns of Summons of another Court (O.5, R.23.) (Title) Read proceeding form the ................forwarding.................. in for service on .......................in Suit No...........of 19................ of that Court. Read Serving Officer's endorsement stating that the and proof of the above having been duly taken by me on the oath of ................and.................. it is ordered that the............... be returned to the................... with a copy of this proceeding. Judge. NOTE : This form will be applicable to process other than Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Decree in Appeal

    Decree in Appeal.(O.41, R.35.) (Title) Appeal No.......... of 19 from the decree of the Court of dated the ...........day of.......... 19....... Memorandum of Appeal. Plaintiff. Vs. Defendant. The above-named appeals to the Court at from the decree of in the above suit dated the .........day of ...........19 for the following reasons, namely:-- This appeal coming on for hearing on the ..............day of .................19, before, in the presence of for the appellant and of for the respondent, it is ordered-- The costs of this appeal, as detailed below, amounting to Rs............., are to be paid by. The costs of the original suit are to be paid by.................... GIVEN under my hand this............. day of........... 19........ Judge Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Administration by Specific Legatee

    Administration by Specific Legatee (Title ) [Alter Form No.41 thus ] [Omit paragraph 1 and commence paragraph 2] E.F., late of ......................., died on or about the .........day of ...................By his last will, dated the.......... day of ................he appointed C.D. his executor, and bequeathed to the plaintiff [here state the specific legacy.] For paragraph 4 substitutes - The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [ here name the subject of the specific bequest]. For the commencement of paragraph 7 substitute- The plaintiff claims that the defendant may be ordered to deliver to him the said [ here name the subject of the specific bequest], or that, etc. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Bailable AND Nonbailable offence

    Bailable offence  is one where the defendant (the one who is defending himself in a criminal case) may be able to secure his release upon the payment of bail.  These are the cases where the grant of bail is a matter of course and right. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-) If a person is held under a non-bailable offence , he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is  under sixteen , a  woman ,  sick or infirm , or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail. Section Offence Bailable/Non -bailable Punishment 107 Abetment Depends on the offence Depends on the offence 120B Criminal conspiracy to commit an offence punishable with death Depends on the offence. E.g. for Punishment for murder, Non-bailable Depends on the offence 121 Waging or attempting to wage war, or abetting the waging of war, against the Government of India Non-bailable Imprisonment for life or imprisonment upto 10 years along  with fine 124A Sedition. Non-bailable Imprisonment for life and fine or Imprisonment for 3 years and fine or fine. 131 Abetting mutiny or attempting to seduce a soldier, sailor or airman Non-bailable Imprisonment for life or 10 years with fine 140 Wearing soldier’s garb, sailor, airman Bailable Imprisonment for 3 months along with 500 144 Punishment for unlawful assembly Bailable Imprisonment for 6 months with fine 154 Owner or occupier of land on which unlawful assembly is held Bailable INR 1000 fine 158 Being hired to be part of unlawful assembly or riot Bailable Imprisonment for  6 months up to 2 yrs along with fine 166A Public servant disobeying direction under law Bailable Imprisonment for 6 months up to 2 yrs 167 Public servant framing incorrect document Bailable Imprisonment for 3 years and fine   172 Absconding to avoid service of summons Non bailable Imprisonment for 1 month  or fine INR 1000 177 Furnishing false information Bailable Imprisonment for 6 months and fine INR, 1000 181 False statement on oath to public servants Bailable Imprisonment for 3 years along with fine 186 Disobedience to order duly promulgated by public servant Bailable Imprisonment for 3 months and fine of INR 500 189 Threat of injury to public servant Bailable Imprisonment for 2 years along with fine 191 Giving false evidence Bailable Imprisonment for seven years along with fine 195A Threatening any person to give false evidence Bailable Imprisonment for seven years along with fine 203 Giving false information respecting an offence Bailable Imprisonment for two years along with fine 210 Fraudulently making false claim in court Bailable Imprisonment for two years along with fine 213 Taking gift, to screen an offender from punishment Bailable Imprisonment for three to seven  years  along with fine 223 Escape from confinement or custody negligently suffered by public servant Bailable Imprisonment for two years along with fine 228 Intentionally insult or interruption to public servant sitting in judicial proceeding Bailable Imprisonment for 6 months along with fine of INR 1000 232 Counterfeiting Indian coin Non bailable Imprisonment for life or 10 years with fine 238 Import or export of counterfeiting Indian coin Non bailable Imprisonment for life or 10 years with fine 246 Fraudulently diminishing weight of coin Non bailable Imprisonment for 3 years with fine 255 Counterfeiting of government stamp Non bailable Imprisonment for 3 years with fine 264 Fraudulent use or false instrument for weighing Bailable Imprisonment for 1 year with fine 269 Negligent act likely to spread infectious disease dangerous to life Bailable Imprisonment for 6 months  with fine 272 Adulteration for food or drink intended for sale Bailable Imprisonment for 6 months with fine of INR 1000 274 Adulteration of drug Non bailable Imprisonment for 6 months with fine of INR 1000   275 Sale of adulterated drug Bailable Imprisonment for 6 months  with fine of INR 1000 279 Rash driving or riding on a public way Bailable Imprisonment for 6 months  with fine of INR 1000 283 Danger or obstruction in public way or line of navigation Bailable INR 200 292 Sale of obscene book Bailable Imprisonment for 2 years with fine of INR 2000 295 Injuring places of worship with an intent to insult the religion of any class nb Imprisonment for 2 years with fine. 295A Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs. Non bailable Imprisonment for 3 years with fine. 297 Trespassing on burial places Bailable Imprisonment for 1 years with fine. 302 Punishment for murder Non bailable Imprisonment for life term or capital punishment 304 Punishment for Culpable homicide not amounting to murder. Non bailable Imprisonment for 10 years with fine 304A Punishment for  causing death by negligence Bailable Imprisonment for 2 years. 304B Dowry death Non bailable Imprisonment for 7 years up to life term. 306 Abetment of suicide Non bailable Imprisonment for 10 years with fine. 307 Attempt to murder Non bailable Imprisonment for 10 years with fine. 308 Attempt to commit culpable homicide Non bailable Imprisonment for 3-7 years with fine. 309 Attempt to commit suicide Bailable Imprisonment for 1 year or  with fine. 318 Concealment of birth by secret disposal of body Bailable Imprisonment for 2 years with fine. 323 Causing hurt Bailable Imprisonment for 1 years with fine. 349 Using force Bailable Imprisonment for 3 months or with fine of INR 500 354D Stalking Bailable Imprisonment for 3 months or  with fine.   363 Punishment for Kidnapping Bailable Imprisonment for 7 months or  with fine 369 Abduction of child under 10 Non bailable Imprisonment for 7 months or with fine 370 Trafficking of person Non bailable Imprisonment for 7-10  years or with fine 376 Punishment for  Rape Non bailable Rigorous imprisonment for life or not less than 7 years 376D Gang rape Non bailable Imprisonment for 20 years which may extend till  life 377 Unnatural offence Non bailable Imprisonment for 10 years which may extend till life 379 Punishment for  Theft Non bailable Imprisonment for 3 years and fine 384 Punishment for  Extortion Non bailable Imprisonment for 3 years 392 Punishment for   Robbery Non bailable Imprisonment for 3 years and fine 395 Punishment for  Dacoity Non bailable Imprisonment for 10 years and fine 406 Punishment for  Criminal breach of trust Non bailable Imprisonment for 3 years and fine 411 Dishonestly receiving Stolen property Non bailable Imprisonment for 3 years and fine 417 Punishment for  Cheating Bailable Imprisonment for 1 years and fine 420 Cheating and dishonestly inducing delivery of property Non bailable Imprisonment for 7 years and fine 426 Punishment for  Mischief Bailable Imprisonment for 3 months 447 Punishment for Criminal trespass Bailable Imprisonment for 3 months and fine of INR 500   465 Forgery Bailable Imprisonment for 2 years and fine 477A Falsification of accounts Bailable Imprisonment for 2 years and fine 489A Counterfeiting currency notes or banknotes Non bailable Imprisonment for life and fine 489C Possession of forged currency notes or banknotes Bailable Imprisonment for 7 years and fine 494 Marrying again during lifetime of husband or wife Bailable Imprisonment for 7 years and fine 496 Marriage ceremony fraudulently gone through without lawful marriage Bailable Imprisonment for 7 years and fine 498 Enticing or taking away or detaining with criminal intent Bailable Imprisonment for 2 years and fine 498A Husband or relative of husband of a woman subjecting her to cruelty Non bailable Imprisonment for 3 years and fine 500 Punishment for Defamation Bailable Imprisonment for 2 years and fine 506 Criminal intimidation Bailable Imprisonment for 2 years for simple offence and 7 years  if threat is to cause death or grievous hurt 509 Word, gesture or act intended to insult the modesty of a woman Bailable Imprisonment for 3 years and fine 510 Misconduct in public by drunken person Bailable Imprisonment for 24 hours  and fine of INR 10

  • Bond to be given by Receiver

    Bond to be given by Receiver.(O.40, R.3.) (Title) KNOW all men by these presents, that we, .................and .............and.................., are jointly and severally bound to of the Court of in RS.................. to be paid to the said........................ or his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these Dated this ...........day of ........19............. Whereas a plaint has been filed in this Court by .................against................ for the purpose of [here insert the object of suit]; And whereas the said has been appointed, by order of the above-mentioned Court, to receive the rents and profits of the immovable property and to get in the outstanding movable property of in the said plaint named: Now the Condition of this obligation is such, that if the above bounder shall duly account for all and every the sum and sums, of money which he shall so receive in account of the rents and profits of the immovable property, and in respect of the movable property of the said at such periods as the said Court shall appoint and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall remain in full force. Signed and delivered by the above-bounder in the presence of................ Note-- If deposit of money is made, the memorandum thereof should follow the terms of the condition of the bond. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Inter pleader

    Inter pleader (Title) A.B., the above-named plaintiff, states as follows:- 1.     Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [ describe the property] for [ safe-keeping]. 2.     The defendant C.D. claims the same [ under an alleged assignment thereof to him from G.H.] 3.     The defendant E.F. also claims the same [ under an order of G.H. transferring the same to him]. 4.     The plaintiff is ignorant of the respective rights of the defendant. 5.     He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct. 6.     The suit is not brought by collusion with either of the defendants. [As in paras.7 and 8 of form No.1.] 9.     The plaintiff claims- 1.     that the defendants be restrained, be injunction from taking any proceedings against the plaintiff in relation thereto; 2.     that they be required to interplead to gather concerning their claims to the said property; 3.     [that some person be authorized to receive the said property pending such litigation ] 4.     that upon delivering the same to such [ person ] the plaintiff be discharged from all liability to either of the defendants in relation thereto. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • RELINQUISHMENT DEED

    RELINQUISHMENT DEED THIS DEED OF RELINQUISHMENT is executed at Delhi on this 3 day of July, 1990 BY 1. Smt. Avadh wife of Sh.__________ daughter of late Sh. X, Resident of    ____________ 2. Smt. Bala wife of Sh.__________ daughter of late Sh. X, Resident of ____________ 3. Smt. Chand wife of Sh.__________ daughter of late Sh. X, Resident of    ____________ 4. Sh. Devi lal Son of late Sh. X, resident of _____ Delhi. Hereinafter called the RELEASORS which expression shall, unless repugnant to the context or meaning hereof, mean and include their heirs, successors, legal representatives and executors, of the FIRST PART. IN FAVOUR OF Smt, Ragini, wife of late Sh. X, resident of _________, Delhi, hereinafter called the RELEASEE which expression shall, unless repugnant to the context or meaning hereof, mean and include her heirs, successors, legal representatives and executors, of the SECOND PART. WHEREAS late Sh. X was the sole and absolute owner of property bearing No.____, Delhi consisting of double Storey house built over an area of 200 sq yds;                                                th AND WHEREAS the said Sh. X expired on 25 April, 1990; AND WHEREAS releasors No. 1 to 3 are the daughters of late Sh. X Releassor No. 4 is the son and the Releasee is the wife of late Sh. X. and each has got 1/5th share in the above mentioned house according to the law of inheritance; AND WHEREAS besides the Releasors and the Releasee, there is no other legal heir of the deceased or anybody else is entitled to or claims any right, title or interest in the above mentioned property; AND WHEREAS the Releasors are desirous of giving up their 4/5th share in the above mentioned property in favour of the Releasee on account of natural love and affection without receipt of any consideration amount from her. NOW THIS DEED OR RELINQUISHMENT WITNESSES AS UNDER: 1. That the Releasors voluntarily, without any outside pressure from any side and in their full senses give-up and release all their right, title and interest in property No._____, Delhi alongwith the land beneath the same measuring 200 sq. yds in favour of the Releasee without taking or receiving any consideration from them to the extent of their 4/5th share and now the Releasee is the absolute and the sole owner                                         thth of the above mentioned property. (4/5 share of the Releasors and 1/5 share of the Releasee herself). 2. That the Releasors, their heirs, successors and assigns have been left with no claim, title or interest in the property hereby relinquished and the Releasee is the sole and absolute owner thereof. That the possession of the above mentioned property is exclusively with the Releasee and the Releasee is entitled to continue the same. That the Releasee is fully entitled to get the above mentioned property mutated and transferred in her name on the basis of this deed of Relinquishment. That the original sale-deed and other relevant papers regarding the above mentioned property are with the Releasee. 3. 4. 5. IN WITNESS WHEREOF the Releasors ad the Releasee have set their respective hands to this deed of Relinquishment at Delhi on the date mentioned above. RELEASORS RELEASEE WITNESSES : 1. Mr. P son of ______    Resident of _______ 2. Mr. Q son of ______    Resident of _______ Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Recommended Format for registration of a Society

    Recommended Format for registration of a Society Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) MEMORANDUM OF SOCIETY 1 NAME OF THE SOCIETY. The name of the society shall be2. REGD. OFFICE:- 3. AIMS AND OBJECTS:- The aims and Objects of the Society, for which the same is established, are as under:-i. To provide sound education to the children of all communities irrespective of their race, religions, caste or creed in general and to prepare them to become mature and responsible citizens of the country through the all-round physical intellectual, academic, mental and spiritual development based on values derived from the life. ii. 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. iv. 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. v. 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. vi. 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, and to 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. ix. To institute scholarships and help to deserving students and to institute and award prizes, in recognition of excellence in academic performance of students. x. To meet traveling, boarding and lodging expenses for the students going abroad for higher education and also help them in all possible ways.xi. 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 sacrificed their lives for the causes of depressed, deprived, SC & ST’s, and other community/backward classes, minority groups and for other needy people.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 for the Work and furtherance of the aims and objects of the society and to pay their wages, salaries stipends or fees. xv. To receive financial assistance (in the shape of the 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. xx. 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 cause 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 arrange for the roads in the rural area of the locality and to approach the concerned authorities to regularize the colonies and to make the ___________ in the locality. xxxvi. To arouse the general public towards the aids and to inform the general people about the dangerous decreases of the aids and to make arrangement for the safety of the same. All the income, earning, movable & immovable properties of the society shall be solely utilized and applied towards 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. ANCILLARY OBJECTS: 1. To receive and collect any gift subscriptions and donation either in cash or in any kind of acquired by any other lawful ways and means and spend the same in fulfillment of all or in any of the aims and objects of the Society. The income and property(s) of the Society shall be applied solely for the promotion and fulfillment of the aims and objects of the Society provided if any donor intends that the contributions donations or subscriptions shall be applied to attain any particular objects of the society such contributions donations and subscriptions shall be spent towards the promotions of that particular objects only. 2. To acquire by purchase take on lease hire or by gift and hold any movable or immovable properties of any rights or privileges that may be deemed necessary or useful for the advancement of the objects of the society. 3. The income earnings, movable and immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects only as set forth in the Memorandum of Association and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profit or in any manner whatsoever to the present or past members of the society or to any person claiming through anyone of more of the present or past members. No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profits whatsoever by virtue of his membership. 4. GOVERNING BODY: The names, addresses, occupations, and Designations of the present members of the Governing Body to whom the Management of the Society is entrusted to required to under Section 2 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi are as follows:- Sr. No. Name Address Occupation Designation 1 President 2 Vice President 3 General Secretary 4 Treasurer 5 Executive Member 6 Executive Member 7 Executive Member 5. DESIROUS PERSONS: We the undersigned are desirous of forming a Society named “_______________________ Registration Act, 1860, as applicable to the  National Capital Territory of Delhi , in pursuance of this  Memorandum of Association. Sr. No. Name Address Occupation Designation 1 President 2 Vice President 3 General Secretary 4 Treasurer 5 Executive Member 6 Executive Member 7 Executive Member RULES AND REGULATIONS OF “___________________________

  • Agreement between Owners and Labour Contractor for Supply of Labour

    Agreement between Owners and Labour Contractor for Supply of Labour This Agreement made between A, son of B, resident's of ............... hereinafter referred to as the owner of the ONE PART and C, son of D, resident of .......... hereinafter referred to as the contractors of the Other Part. Whereas the owner is getting the construction of building on the land bearing Plot No.......... Survey No. ......... House No. ...... situate, lying and being in village......... Tehsil ........ District.......... hereinafter referred to as the 'said work' and is desirous of availing of labour for the said work. And Whereas The contractors are the contractor for the supply of all types of labour required for the construction work and offered their services to the owner, which the owner has agreed on the terms and conditions hereafter set forth. Now It Is Mutually Agreed Between The Parties As Under: 1.     The contractors will supply all labour viz. masons, labourers, water carriers and other necessary workers required for the said work to the owner at site provided that the requisition thereof is made .......... hours in advance. 2.     The labour shall be paid at the prevailing market rate. The present prevailing market rate of labour of all type has been given in the Schedule hereunder written. The said rates may be changed by the mutual consent of the parties. 3.     The contractors will be entitled to a commission of .......... on the total disbursement made to the labour so supplied by them. The said commission shall be payable to the contractors every week. 4.     The contractors will be liable for and make good any loss or damage, caused by any act or default on the part of the labour supplied by them. 5.     If the contractors fail to supply necessary labour on a requisition made by the owner in time, they will be liable to pay a sum of Rs. ............. as liquidated damages per labourer, mason, water carrier or any other worker not supplied by them in accordance with the requisition by the owner. In Witness Where of the parties hereto have set their respective hands to these presents on the date, month and year hereinabove written. Signed and delivered by the within named owner A Signed and delivered by the within named contractors C WITNESSES; 1. 2. Download Word Document In English. (Rs.15/-)

  • Appointment of Sole Selling Agents by a Foreign Company

    Appointment of Sole Selling Agents by a Foreign Company This Agreement made on this ......... day of ......... 2000, between XYZ Pharmaceuticals Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ......... hereinafter called "the company" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART; and ABC Pharmaceuticals Distributors Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ...... hereinafter called "the distributor" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the other Part: Where as the company is engaged in the manufacture of several medicines and has decided to appoint a sale selling agent for the whole of India with canvassing rights and the distributor has agreed to work as such; and Where as the distributor is being appointed at sole selling agents having exclusive right to sell the medicines manufactured by the company in whole of India; and Where as the Board of Directors of the company is making this appointment, subject to its approval by the company in its first annual general meeting held after the date of this appointment and approval by Central Government? Now This Agreement Witnessed as Follows: 1.     The company appoints the distributor as sole selling agents for the sale of all the medicines manufactured by it in the whole of India and the distributor agrees to act as such sole selling agents for the whole of India on the terms and conditions contained herein.; 2.     The appointment will be for a period of five years commencing from the date of this agreement. However, it may be extended for further periods not exceeding five years on each occasion. 3.     The distributor shall canvass for, secure orders and push the sale of the medicines manufactured by the company to the best of its ability and experience in the whole of India and guarantees to secure orders for the sale of medicines to the extent of the value of Rs. .......... in a year commencing from the date of this agreement. 4.     The distributor will advertise the company products at its own cost and expenses by advertisements in newspapers, journals, magazines, cinema slides or by any other means. However, the company may advertise at its own costs at its discretion whether in newspapers, journals, cinema slides or by any other means and shall indicate the name of the distributor as its sole selling agents. 5.     The distributor shall employ medical representatives at its own cost and expenses for canvassing the company products amongst the doctors, hospitals, nursing homes, etc. The distributor shall also employ servants, staff at its own cost and expenses for doing the business of sole-selling agency. 6.     The distributor will be entitled to appoint sub-agents for any State/District or any particular area in the country and on such terms and conditions as the distributor may think fit. However the company shall not be liable for any dealing between the distributor and its sub-agents. 7.     The distributor shall submit to the company weekly return of the business secured, the doctors and hospitals approached and canvassed during the previous week. 8.     The distributor shall forward to the company the orders booked and enquiries received by it not later than two days from its booking. The distributor shall remit the money received by it in advance from the customers to the company and an account thereof shall be submitted to the company every Friday. 9.     The distributor shall not make any representation on behalf of the company except in conformity with the instructions issued by the company. 10.  The distributor shall book orders of the company's products on the terms and conditions mentioned in the Schedule attached hereto. The terms and conditions shall be subject to change by circulars or instructions by the company from time to time and the distributor will be bound to follow the instructions issued by the company from time to time. 11.  The company shall pay a commission of ......... % on all orders received directly or indirectly from the customers through the distributor, which have been executed by the company. The company shall make payment of the commission to the distributor at the end of every month. 12.  During the term of this contract, the distributor shall not sell or attempt to sell the medicines for any other Indian or foreign company. 13.  The agency may be terminated by the company, at any time during the agency period of five years, after giving one month's notice thereof, in case the distributor fails to comply with the instructions issued by it or if it omits to comply with its obligation imposed upon it under this agreement or if the distributor fails to obtain or procure orders for the minimum guaranteed amount or if the company feels that the distributor is guilty of any conduct, which is prejudicial to the interest of the company and in this matter the decision of the Board of Directors of the company will be final. The distributor may also terminate this agreement at any time during the agency period, after giving one month's notice thereof, if the company fails to execute the orders booked by the distributor or if the medicines supplied by it are sub standard or if the company without just cause withhold the payment of the commission due to the distributor under the agreement for a period of three months. 14.  The distributor shall be responsible to make the payment of the medicines supplied by the company on the orders received by the distributor, if the constituent to whom medicines were supplied by the company refuses to pay for the same within two months of the receipt of medicines. The distributor shall be liable as the surety for the payment of orders booked by it. 15.  The distributor shall deposit a sum of Rs.......... with the company to ensure the obligations imposed upon it under this agreement. The said sum shall not carry any interest. The said sum will be repayable to the distributor after one month of the termination of the agreement after adjustment of accounts between the parties. 16.  Any and all disputes, controversies, differences arising between the parties hereto out of or in relation to this agreement or any breach thereof shall be finally settled by arbitration by two arbitrators, one to be appointed by each party to the dispute and the arbitrators shall, before taking upon themselves the burden of reference appoint an umpire. The award given by the arbitrators or umpire as the case may be, shall be, final and binding on the parties. 17.  At the termination of this agreement whether by efflux of time or otherwise, the company shall not be liable to pay any commission to the distributor for the orders received after the expiry of agency period. 18.  This agreement shall be executed in duplicate. The company shall retain the original and the distributor the duplicate. Each party shall bear the stamp duty payable in respect of its copy. 19.  Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under: For the Company:.......................... For the Distributor:........................ In Witness Where of the parties have caused their common seal to be affixed to these presents and a duplicate thereof, the day, month and year first; hereinabove mentioned. Schedule The common seal of XYZ Pharmaceuticals Ltd. was hereunto affixed pursuant to the Resolution of its Board of Directors passed on.......... day of .......... 2000, in the presence of S/Shri .......... and ........... directors of the Company, who have signed in token thereof   The common seal of ABC Pharmaceuticals Distributors Ltd., was hereunto affixed pursuant to the Resolution of its Board of Directors passed on ......... day of……….2000, in the presence of S/Shri……………… and………….. Directors of the company who have signed in taken thereof. WITNESSES;  1.  2. Download Word Document In English. (Rs.30/-)

  • Appointment of Selling Agent for a District or Town

    Appointment of Selling Agent for a District or Town This Agreement is made on this………………day of between AB son of CD, dealer in……………………at……………………..(hereinafter called the “principal”) of the one part and OP son of XY resident of…………….(hereinafter called the “agent”) of the other part. Whereas, the principal is a dealer in……………..and is willing to appoint a suitable party as sole agent for the town of……………..(or district of…………….) And Whereas, the agent has approached the principal and has expressed his consent to act as the sole agent of the principal. Now this Agreement Witnesses as follows : 1.     That the agent is hereby appointed the sole agent of the principal for the town of………………(or district of……………..) (hereinafter called the agency district) for the purposes of marking sales of the principal’s goods for the terms of…………….years from the date hereof on the terms and conditions set forth hereof on the terms and conditions set forth hereunder. 2.     That the agent shall not while selling the principal’s goods make any representation in the trade to give any warranty other than those contained in the principal’s printed current price list. 3.     That the agent shall be allowed to deduct and retain with himself……………….per cent of the list price of all goods sold on behalf of the principal. The agent shall keep a record of all sales and shall remit to the principal regularly on each Saturday all sums received by the agent in respect of such sales less……………… per cent as his commission. All sales shall be made for cash against delivery of goods unless the principal’s consent in writing to give credit to any particular purchaser be in any case first obtained and in the case of credit sales the principal may direct for such increase in the price of his goods over and above the current list price of the principal. 4.     That the agent shall not make, purchases on behalf of nor in any manner pledge the credit of the principal without the consent in writing of the principal. 5.     That the agent shall at the expense of the principal take on rent and occupy for the purpose of the agency suitable premises with prior approval of the principal and shall keep insured for the full value against all risk of all goods entrusted to his custody by the principal under this agreement and on request by the principal shall, produce to the principal receipts for the rent rates and taxes of the said premises and for the premiums on insurance policies showing that the same have been paid on or about their respective due dates. The agent shall bear all expenses relating to or incidental to the agency. 6.     That the agent while selling to persons in the trade shall obtain the purchasers signature to an agreement to the following effect : 1.     That the said principals goods shall not directly or indirectly be resold outside the agency district 2.     That the said principals goods shall not be resold to the public below the full list price for the time being. 7.     That the agent shall in all his commercial dealing and documents and on the name-head indicating his place of business describe himself as selling agent for the principal. 8.     That a breach of the condition in Cl. 6 hereof shall entitle the principal to put an end to this agreement forthwith and also to recover from the said agent by way of liquidated damages the sum of Rs………………… for each such article sold in breach of such clause. The agent undertakes that all purchasers to whom he may sell the principals goods shall duly enter into, and carry out the aforesaid agreement referred to in Cl. 6 hereof and a breach by any purchaser of any such agreement shall for the purposes of this agreement be deemed to be a breach of Cl. 6 of this agreement by the agent and give the principal the rights and remedies against the agent for breach by the agent of this agreement . 9.     That the principal shall keep with the agent a stock of his goods free of all expenses of delivery to the value of Rs………………… according to the principals current price list and the principal further undertakes to replenish such stock in the close of each month so as to keep it at the agreed value : Provided always that the agent shall have no right of action against the principal for delay resulting from shortage of stock, delays in transit accidents, strikes or other unavoidable occurrence in replenishing such stock . The principal shall always have the right without any prior notice to cause a stock checking of the said goods and on any shortage or deficiency found on such stock-taking the agent shall on demand pay to the principal the list price of such shortage or deficiency less the deduction by way of commission or rebate receivable by the agent. The agent shall not alter, remove, or tamper with the marks or numbers on the goods so entrusted into his custody. 10.  That the agent shall not sell the goods of the principal to any purchaser except at the full current price list of the principal published by him from time to time. The agent may while selling principals goods allow a discount or rebate of ……………….. per cent. 11.  That in the event of any dispute arising between the agent and a purchaser of the principal’s goods, the agent shall immediately inform the principal of the same and shall not without the principal’s approval or consent in writing take any legal proceedings in respect of or compromise such dispute or grant a release to any purchaser of the principal’s goods. 12.  That either party may terminate this agreement at his option at any time after the expiration of…………..years by giving to the other one month’s notice in writings. 13.  That the benefits under this agreement shall not be assignable to any other person. 14.  That during the currency of this agreement the principal shall redirect all inquiries or orders for principal’s goods received by him from persons residing in the agency district of the said agent and in the event where the principal supplies such purchasers directly he shall allow the agent the same commission or rebate as the agent would have been entitled to retain if he had carried out such transaction. A certificate under the signature of the principal’s accountant of the amount of such commission or rebate payable to the agent shall be conclusive evidence of such amount. Such remuneration shall be payable to the agent (half-yearly or monthly). The agent undertakes to refer to the principal all enquiries or orders for the principal’s goods from persons residing outside the agency district of the agent and similar enquiries or orders from persons residing in the agency district for the purpose of re-sale outside the said district and the agent shall not be entitled to any commission or rebate in respect of any sale resulting from any such enquiries or orders. 15.  That the agent shall always during the existence of this agreement devote his whole business, time and energy for pushing the sale of the principal’s goods and shall in all such dealings act honestly and faithfully to the principal and shall carry out orders and instructions and shall not engage or be interested either directly or indirectly as agent or servant in any other business or trade without the prior consent in writing of the principal. 16.  That on the termination of his agreement for any reason whatsoever the agent shall not for the period of one year solicit trade orders from the persons who had been purchasers of the principal’s goods any time within (seven) years immediately preceding the date of such termination and the agent shall not for a period of one year engage or be interested as agent or servant in any business, firm or company manufacturing, selling or dealing in goods similar to those transacted by the principal. 17.  That all goods shall be sold by the agent for delivery at agent’s place of business but the agent shall at his own expenses have the right to deliver goods to purchasers at their places of business. 18.  That without prejudice to any other remedy he may have against the agent for any breach or non-performance of any part of this agreement the principal shall have the right summarily to terminate this agreement-                i        On the agent being found guilty of a breach of its provisions or being guilty of misconduct or negligence of his duties.               ii        On the agent absenting himself from his business duties entrusted to him under the agreement for four or five days without the principal’s prior permission in writing :              iii        On the agent committing an act of bankruptcy. 19.  That in the event of any dispute arising out of or in relation to or touching with the agreement the same shall be decided by arbitration in accordance with the provision of the Arbitration Act of 1940. 20.  That the principal shall be entitled to terminate this agreement by giving one month’s notice in writing to the agent in the event of his ceasing to carry on the said business of the principal. 21.  That on the termination of this agreement for whatever reason the agent shall forthwith deliver to the principal all the unsold stock of goods and shall pay to the principal for the shortage or deficiency or stock at list prices less commission and rebate allowable to the agent. The agent shall also deliver to the charge of the principal all books of account and documents of the agency, cash, cheques, bills of exchange or other securities he may have received during the normal course as a result of sales of the principal’s goods and shall transfer, assign or negotiate in favour of the principal all such securities on demand. In Witenss Whereof, the parties have signed this agreement on the day and year first above written. ……………………. ………………………. (Agent) (Principal) Download Word Document In English. (Rs.30/-)

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