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- EXTRA ORDINARY CIVIL WRIT JURISDICTION
IN THE HIGH COURT OF ----------AT --------- (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA MAHAJAN … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS IN THE HIGH COURT OF -------AT- (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS I N D E X S.NO . PARTICULARS PAGES Notice of Motion A 2. Urgent application B 3. Court Fee 4. Memo of Parties C 5. List of Dates & events 6. Writ petition with affidavit 7. Stay application with affidavit 8. ANNEXURE – A Colour photocopy of YouTube material 9. ANNEXURE - B Copy of cinematography act 10. ANNEXURE - C Copy of Guidelines 11. ANNEXURE - D Copy of policy on impersonation 12. ANNEXURE - E Copy of trailer of the film 13. ANNEXURE - F Copy of pages of the Book The Accidental Prime Minster 14. Exemption Application with Affidavit 15. Vakalatnama IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS NOTICE OF MOTION TAKE NOTICE that the accompanying writ petition and stay application will be listed before the Hon'ble High Court on ______at 10.30 O'clock in the forenoon, or so soon thereafter as may be convenient to the Hon'ble Court. To, IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS TO, The Registrar, ------ URGENT APPLICATION Sir, Would you kindly treat the accompanying Writ Petition and Application as Urgent because urgent relief has been prayed for. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS MEMO OF PARTIES POOJA D/O … PETITIONER V E R S U S 1. UNION OF INDIA MINISTRY OF INFORMATION & BROADCASTING SHASTRI BHAWAN NEW DELHI 2. GOOGLE (INDIA) THROUGH 3. YOUTUBE IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA MAHAJAN D/O SH. S.K. MAHAJAN SHOP NO.-37, FASHION STREET SHAHPUR JAT NEW DELHI … PETITIONER V E R S U S 1. UNION OF INDIA----- 2. -------------- 3. -------------- 4. …RESPONDENTS PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT, ORDER OR DIRECTIONS TO THE RESPONDENT NO. 1 & 4 (CBFC) TO TAKE APPROPRIATE STEPS TO STOP/SUSPEND THE DISPLAY TRAILER OF “THE ACCIDENTAL PRIME MINISTER” ON YOUTUBE AS THE SAME IS IN VIOLATION OF SECTION 5B OF CINEMATOGRAPH ACT AND READ WITH RULE 38 OF CINEMATOGRAPH (CERTIFICATION) RULES, 1983 TO THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI A HUMBLE PETITION OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: 1. The Petitioner has no personal interest in the litigation and the Petitioner is not guided by any self-gain or by any other motive in fling the present writ petition. 2. The Petitioner is being motivated to file the present writ petition as provisions of Section 5-B of Cinematography Act & Rule 38 of Cinematograph (Certification) Rules, 1983 are being misused besides that under the garb of the certificate under Section 5-B of the Act producer has released “Trailer” which is affecting, harming the image of the Constitutional post of Hon’ble Prime Minister of India and giving a bad name at the national as well as at the international level. 3. It is submitted that the Prime Minister of India is a Constitutional post and is protected under the Constitution of India and under no set of circumstances any company, individual, film producer can enjoy any such liberty to defame the said post / August Office. 4. The need and necessity for filing the present writ petition has arosen as the Respondent No. 2 and 3 have allowed, permitted the Trailer of film “the Accidental Prime Minister” on its YouTube channel and consequently thereof the post of Prime Minister is getting defamed on day to day basis in public domain before the public at large. 5. The Petitioner carries utmost respect for the Constitution of India as all Constitutional functionaries are working under the framework of Constitution of India and at present the Trailer released on YouTube is causing unaccountable damage to the name and fame of the office of Prime Minster of India. 6. That Dr. Manmohan Singh (Ex-Prime Minister) enjoys a national and international repute in the public at large as being the Prime Minister of India from 2004-14. That Dr. Manmohan Singh is a Honorary fellow of St. Jones College, Cambridge University. 7. That Dr. Manmohan Singh got a doctoral degree from Oxford University and also remained member of the National Security Advisor Board from 1998-2001. 8. That Dr. Manmohan Singh is well-known Economist of International frame and repute and also remained Governor of Reserve Bank of India. 9. That on dated 20.04.2014 a book named “The Accidental Prime Minister” authored by Sanjaya Baru, was published. 10. That on dated 06.06.2017 the first look of the film named The Accidental Prime Minister, based upon the above-mentioned book was released through cine-star/actor Anupam Kher’s Official Twitter Account. 11. That on dated 08.06.2017, Mr. Pehlaj Nihlani, Chairman of CBFC warned the makers of the film that No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi are required to obtained to release the film. 12. That on dated 27/28.12.2018 the official Trailer of the film was released on YouTube channel for viewers of India and abroad. That as per Trailer it was announced that film “The Accidental Prime Minister” will be released on 11th January, 2019. 13. That as per the Disclaimer in Trailer the Film “The Accidental Prime Minister” is based on the Book written by Sanjaya Baru but the real facts are totally different. That in fact disclaimer given in Trailer is untrue, false, fake. 14. The Trailer also conveys that the film has been produced by Bohra Brothers under Rudra Production in association with Jayanti Lal Tada under the banner of PAN India Ltd. 15. That as per the media reports casting of the said film is as under: • Anupam Kher as Dr. Manmohan Singh, Ex-Prime Minister of India • Akshay Khanna as Mr. Sanjaya Baru • Suzanne Bernert as Mrs. Sonia Gandhi • Arjun Mathur as Mr. Rahul Gandhi • Abdul Quadir Amin as Mr. Ajay Singh … … … … … … … … … 16. The Petitioner do say that as per the Petitioner’s information Respondent No. 4 has given the certificate under Section 5B of the Cinematograph Act to the said film. It is submitted that the permission / approval / certification given to this film under Section 5-B of the Act is in contravention of Section 416 of Indian Penal Code wherein offence “impersonation” has been defined. 17. That by performing the character of Dr. Manmohan Singh, (Ex-Prime Minister), Mrs. Sonia Gandhi, Rahul Gandhi the performing actors/artists have committed offences punishable under Section 416 of IPC and therefore the Respondent No. 4 / CBFC could not have given the certificate for screening / exhibiting of the above said film. Section 416 of IPC is as under: “416.Cheating by personation – A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation – The offence is committed whether the individual personated is a real or imaginary person. 18. That even dictionary meaning of the word “impersonation” shows that producers, makers, cine-stars could not hacve committed offence of “impersonation” as it is punishable under Section 416 IPC: “to intentionally copy another person’s characteristics, such as their behavior, speech, appearance, or expressions, especially to make people laugh. To attempt to deceive someone by pretending that you are another person.” 19. That as per the provisions of Cinematograph Act only such film can be certified/given certificate if it is not against the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or involves defamations or contempt of Court or likely to incite the commission of any offence. 20. It is a known fact that film producers have not taken any consent/permission from Dr. Manmohan Singh, Mrs. Sonia Gandhi and Rahul Gandhi to perform their characters or to perform their political life or to dress up in the same way as they had been doing in their normal life or to copy their voice in any manner. 21. That besides that, the film producers had no authority to violate the mandate of Constitution of India which provides respect towards the Constitutional functionaries. It seems that film makers, producers have made an attempt to make commercial gains and the act of “impersonation” have been committed deliberately to defame the office of Prime Minister just to hype the excitement amongst the prospective viewers. 22. The Petitioner do say that the Respondent No. 1 to 4 could not have permitted, allowed or could not have allowed the Trailer of the said film as it is against the decency, morality and involves spoiling of Ex- Prime Minster of India. It is a fact that office of Hon’ble Prime Minister of India is getting defamed, insulted in social-media. 23. The Petitioner do say that trailer of above said film is also spoiling relations with a foreign states and ultimately affecting the sovereignty and integrity of India. 24. That the Respondent No. 2 and 3 have also violated their own policy on impersonation wherein YouTube itself categorizes, specifies that the “impersonation” will not be permitted on their channel. 25. That by allowing the Trailer of the said film the Respondent No. 2 and 3 have permitted the act of impersonation to perpetuate therefore Petitioner is praying for appropriate relief against the Respondent No. 2 and 3 also and seeking direction to stop, suspend, remove the Trailer of the above said film from their channel / Web Forum. 26. The Petitioner do say that the right of privacy has been recognized as a Fundamental Right by Hon’ble Supreme Court in case of Justice K.S. Puttaswamy (Retd.) & Anr. Vs. UOI & Ors., wherein the Hon’ble Supreme Court has declared as under: “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. 27. The Trailer being exhibited on YouTube is being motivated and trailer shows that various inputs have been added in the said Trailer. That in other words, the Trailer is not based on the book of Sanjaya Baru. 28. The Trailer being viewed on YouTube channel shows the following titles besides “The Accidental Prime Minister”: (i) This Election Season (ii) The Nuclear Deal (iii) The Kashimir Issue (iv) Of the PM and the Party (v) Witness an inside story (vi) Based on the controversial book 29. That all these titles clearly shows that the Trailer is motivated and an impression is being given through the Trailer that during the regime of Dr. Manmohan Singh there was a confrontation on the above said issues. 30. It is submitted that Ex-Prime Minister functioned as a Constitutional authority and at no stage of time it can ever be said that there was a confrontation on the above said issues because as the then Hon’ble Prime Minister himself was abided by the Cabinet Decisions and was implementing the policy of the Ruling Party - UPA-I & II. 31. The Petitioner do say that procedures/makers ofTrailer have deliberately against the Dr. Manmohan Singh, Ex- Prime Minister in the mind of viewers, Mrs. Sonia Gandhi and Mr. Rahul Gandhi. That while as a matter of fact in the book written by Sanjaya Baru there are no such things which shows any suspicion on the part of these persons. 32. That as by the Trailer, the people are being misled including Petitioner but later on when the Petitioner discovered that it was a wrong propaganda being done as a political stunt at behest of some political party so the Petitioner is invoking the writ jurisdiction of the Hon’ble Court for bringing on record that such kind of Trailer on YouTube cannot be permitted or cannot be allowed by the YouTube itself. 33. It is submitted that even as per YouTube no impersonation is permissible but still the Trailer has been allowed to be viewed by thousands of millions of people every minute every day showing acts of impersonation in name of Dr. Manmohan Singh, Mrs. Sonia Gandhi, Mr. Rahul Gandhi and others. The said policy of the YouTube is as under: “Impersonation of an individual A user creates a channel or video using another individual’s real name, image, or other personal information to deceive people into thinking they are someone else or YouTube. If you feel that you are being impersonated, report it using our webform. Note: This form is not for removal of accounts that you can no longer access.” 34. It is submitted that the above said Trailer carrying the following Disclaimer but the said disclaimer is insufficient and do not condone the acts of impersonation which have been committed deliberately in the Trailer of the above said Film: “This film is based on the book “the accidental prime minister” by Mr. Sanjaya Baru. all characters, events and incidents are based on the book and have been fictionalised for dramatization. utmost care has been taken to keep the screenplay accurately aligned to the book. Nothing in the film is intended to defame any person dead or alive. neither the contents of the film, nor the makers of the film and any other person(s) associated with the film, intend to disgrace, offend or hurt any religion or religious sentiments, beliefs or feelings of any persons, community or class of person(s) and /or a political party in any manner, whatsoever. no animals were harmed during the making of this film. 35. The Petitioner do say that Trailer violates Section 416 of the IPC as impersonation of the living character, living persons is impermissible in law as the same is being displayed without their consent of Dr. Manmohan Singh (Ex-Prime Minister of India) and others. 36. It is submitted that Disclaimer coming on promo-trailer of the film “The Accidental Prime Minister” is manipulated, twisted and promoters are knowing it well that it is misleading. Disclaimer normally appears wherein Certification U/s 5B is given: “None of the characters therein is based on any living or dead person and the resemblance if any is unintentional.” Disclaimer appearing in Trailer – “this film is based on the book “The Accidental Prime Minister” by Mr. Sanjaya Baru. all characters, events and incidents are based on the book and have been fictionalised for dramatization. utmost care has been taken to keep the screenplay accurately aligned to the book. Nothing in the film is intended to defame any person dead or alive. neither the contents of the film, nore the makers of the film and any other person(s) associated with the film, intend to discrace, offend or hurt any religion or religious sentiments, beliefs or feelings of any persons, community or class of person(s) and /or a political party in any manner, whatsoever. no animals were harmed during the making of this film. 37. The Petitioner do submit that Trailer released on YouTube is misleading and is factually incorrect. The above said submission is made without prejudice to say that promo-Trailer released on YouTube is in violation of Section 5B of the Cinematography Act as well as in violation of Rule 38 of Cinematograph (Certification) Rules 1983. 38. That trailer being played on YouTube is misleading: - that it is not based on Book of Sanjaya Baru as being claimed. - that theme of Trailer is different from the Book. - that the book as well as the Trailer is based on presumptions. - That as per CBFC guideline regarding films based on real life characters, NOC is required but for Trailer no NOC was ever obtained. 39. That it seems Respondent No. 1 to 4 is deliberately closed its eyes over the Trailer/video being played on YouTube and this way it has been causing unaccountable damage, harm to the High- Office of “Prime Minister” as well as affecting the image of Dr. Manmohan Singh and Mrs. Sonia Gandhi. 40. That even name given to trailer “The Accidental Prime Minister” is misleading. The book written by Sanjaya Baru itself shows that the Author never took any consent from Dr. Manmohan Singh or Dr. Manmohan Singh never endorsed the contents of the said book. The said part of the Book is: Page XX of Book Finally. I have not shared the contents of this book with dr Singh prior to its publication. Indeed, he may not approve of many of my observation in these pages and may even disapprove of my decision to write this book 41. It is submitted that Dr. Manmohan Singh became Prime Minister because UPA coalition as a whole accepted his name as a Prime Minister and book written by Sanjaya Baru do accept this fact, therefore name-title of Trailer is misleading. The said part of the book is: Page 64-65 of Book Handling the delicate equation with Sonia was Dr. Singh’s first and biggest political challenge. How a CM is perceived at the state level is different from the way a PM is perceived at the national and international levels. The prime minister is a national leader and the international face of a country. He negotiates with other heads of government and must be seen to be his own man. Moreover, Dr. Singh was PM because the UPA coalition as a whole was willing to accept him. In, 1999 Mulayam Singh Yadav had refused to support Sonia when she claimed she had the numbers to form a government. So I, at any rate, saw my job as one establishing Dr. Singh’s credibility as PM while ensuring that the relationship with Sonia and the party was on even keel. 42. The Trailer is giving an impression that Office of PM Dr. Manmohan Singh was controlled by Mrs. Sonia Gandhi, while Sanjaya Baru’s book never said so. Page 69-70 of the Book I had no reason to doubt that Dr Singh and Sonia implicitly trusted each other. Reports appearing in the media about differences between the two were often planted by disgruntled Congressmen and mischievous journalists, some of whom would then point a finger in my direction. That did not mean the two had no differences on policy issues. But any such differences between them would have been aired only in their private meetings and the PM almost never allowed any of this trickle into the public realm. The PM never questioned Sonia’s right, as party president, to influence portfolio allocations though, over time, he became quite forthcoming in giving his opinions, and she did accept his advice. 43. That the impugned trailer is in contravention of “Preface” of the Book, wherein author Sanjaya Baru has warned the viewers:- • That the movie is adapted from the book and may well not be fully loyal to its contents. • The author of the Book was not associated with the making of the movie. • The author said those who have not yet read the book but intend to watch the movie will read the book as well. • The said part of preface of the Book is as under Preface This edition, with a new afterword, is being published against the backdrop of the movie adaptation. It is important for readers to note that the movie is “adapted” from the book and may well not be fully loyal to its contents. That is in the nature of the two very different media. As the author of The Accidental Prime Minister, I have not been associated with the making of the movie. The book was written for English-language readers, through translation in Hindi, Marathi and Tamil have been published as well. The movie will target a wider audience. I hope those who have not yet read the book but intend to watch the movie will read the book as well. 44. That the Trailer is being shown on You Tube in a selected manner and it clearly shows that it’s a Political Propaganda with some other motives. Trailer is showing some documents of official files also in utter violation of Official Secret Act while Author-Writer never dealt with this kind of issue. 45. The Petitioner do say that this kind of promo has been simply planned to damage the image of Dr. Manmohan Singh, Hon’ble Ex-Prime Minister of India. The picture-photo of official file is being shown simply to malign the Ex PM of India, that too without any justification. 46. The promo –trailer of the film is showing following visual image of following titles: “THIS ELECTION SEASON” This visual is totally misleading as: i. That the book written by Sanjaya Baru was not written for any elections. ii. That book is not written for any Political Agenda as claimed by the author. iii. The producer makers of trailer are misusing the said book simply for political purpose. And this fact shows their hidden motive. That no such words “This Election Season” appears anywhere in Trailer these words have been deliberately added for using the Trailer for forthcoming General Elections 2019. 47. That promo-Trailer of the film is also showing following visual image “THE NUCLEAR DEAL” That by this visual makers of Trailer- are trying to give an impression as some wrong was done by Ex PM Dr Manmohan Singh. The above said misleading information becomes relevant in the present comtext because makers of Trailer- are repeatedly claiming that it is based on Sanjaya Baru’s book “The Accidental Prime Minister” 48. The contents of said book shows a positive side of Ex PM Dr. Manmohan Singh on Nuclear Deal Page 199 of the Book President George Bush was the first US President to recognize, publicly at least, that this was unfair discrimination against India. He appreciated the fact that it was incongruous for the US to be doing more business in high-technology areas with communist China that democratic India. China managed to avert restrictions because it was an NPT signatory as a “weapon power’. The meeting in New York between Dr. Singh and President Bush went off better than expected. Page 208 of the Book News channels were able to report it in their early morning bulletins on 19th July. While The Hindu’s conservative desk staff gave the story a bland headline that said ‘ Manmohan Expresses Satisfaction over Talks’, Ravi ‘informed’ report said it all: In a significant development after the meeting that Prime Minister Manmohan Singh had with American President George Bush at the White House, the United Stated, acknowledging India as a nuclear weapons power, agreed to cooperate with it in the area of civilian nuclear energy. This formulation was part of the joint statement to be issued following the talks, according to a highly-placed official source. Page 208 of the Book The US had agreed to help develop India’s nuclear power industry and, to this end, would seek Congressional approval of the required changes to US laws that would enable US companies to export nuclear fuel and technology to India. Apart from easing restrictions on the sale of fuel for the Tarapur atomic power station, the US also agreed to work with other countries to help India get access to uranium. This meant changing the existing restrictions imposed by the Nuclear Suppliers Group (NSG). Page 216-217 of the Book On the evening of 1 March, President Bush was received at Palam airport by Dr Singh. As he got into his car, Bush turned to M.K. Narayanan and, placing his hands on Narayanan’s shoulder and making direct eye contact with him, he said, loud enough for others around to hear, ‘ I want that deal!’ The negotiating teams on both sides got the message. President Bush was making it clear to everyone, on his side and ours, that whatever differences were still holding up an agreement should be resolved overnight so that by the next morning, when he sat down with Dr Singh for the formal summit meeting, the agreement would be ready for the two leaders’ signature. Page 222 of the Book It was a rare act of courage and political grandstanding that won him applause in Parliament and from across the country. The media finally came to accept that the PM knew what he was doing and that this was an important project that deserved support. A series of public-opinion polls conducted by TV channels and newsmagazines showed overwhelming support for the PM, for the deal and for good Indo-US relations. In the weeks to come, negotiations proceeded apace. Page 230 of the Book Division within BJP came to the fore even at Dr Singh’s briefing of the party’s leaders on the 123 Agreement. Advani was not in Delhi, but the meeting, at 7 RCR, was attended by Vajpayee, Jaswant Singh, Yashwant Sinha, Arun Shourie and Brajesh Mishra. Sinha and Shourie asked the scientists, diploats and PMO officials many searching questions, expressing their sceptisim about what had been secured. Jaswant Singh, on the other hand, complimented the officers with his usual gravitas, saying, ‘Gentlemen, you have done the nation proud!’ Vajpayee remained silent. Page 236 of the Book In his first public reference to the nuclear deal after the Hindustan Time Summit, Dr Singh told the AICC on 17 November 2007, referring to the problem of power shortage at home and the need to increase power generation capacity. 49. That as per author Sanjaya Baru Nuclear Deal was a success story of Ex PM Dr Manmohan Singh. The said part of the book is Page 271 of the Book The Nuclear deal was the crowning glory of Manmohan Singh’s first term. As Narasmiha Rao’s finance minister, he had made history by opening up the economy. Now, he had made history once again, by giving India a new status as a world power. 50. That the Trailer is also showing visual title and by this visual a wrong and incorrect message is being given: THE KASHMIR ISSUE That Sanjaya Baru’s book praised about Dr. Manmohan Singh’s skill regarding “Kashmir Issue” Page 134 135 of Book Dr. Singh had a different view. He believed the time had come for everyone in the state to freely express their opinion. After all, the Hurriyat and separatists did not represent the majority in the state, nor was ‘azadi’ really on the cards. The separatists were a vocal and an important minority. Let them speak openly in a gathering of fellow Kashmiris and representatives of Jammu and Ladakh, he felt, and let there be an open discussion. In the end it would have to be India and Pakistan that would have to arrive at a settlement of the issue, keeping in mind the welfare of the Kashmiri People. The rond-table was a great success inasmuch as it was the first dialogue process of its kind and allowed a wide cross-section of opinion to be freely expressed. The Hurriyat boycotted the meeting but they seemed impressed by the PM’s sincerity, because soon after, they agreed to meet him for a direct dialogue. He opened the day-long round table saying: A round- table is a dialogue. No one preaches and one on just listens. This is dialogue of equals who promise to work together. Today’s meeting is a significant event. It will, however, achieve historical importance if we are able to unleash a process by which we can arrive at a workable blueprint that can help to create a new chapter in Kashmir’s history. Not by compromising on one’s ideals, but in a spirit of mutual tolerance, understanding and accommodation. 51. That another visual title appearing in Trailer of YouTube OF THE PM AND THE PARTY Sanjaya Baru writes in his book Page 121-122 of the Book The PM’s reply was candid and assertive. ‘Well , Madam, I believe our government is going to last for full five years, and let there be no doubt or ambiguity about this. Therefore, this misconception that I can be pressured into giving up is simply not going to materialize.’ Newspapers also highlighted his assertion that ‘The insinuation that there are two separate centres of power is not true’. Chandigarh’s Tribune, a newspaper that Dr Singh grew up with and which was his first morning read with a cup of tea, opened its report with ‘Prime Minister Manmohan Singh…dismissed as’ “without foundation” the Opposition charge that Congress president and UPA chairperson Sonia Gandhi is the “super Prime Minister”.’ The Hindu’s headline summed it up pithily: ‘I am in charge, and will last.’ 52. That the following visual title in Trailer is also misleading WITNESS AN INSIDE STORY While author writes in his book regarding his ignorance Page xvii of Book With regard to the relationship between Manmohan Singh and Sonia Gandhi, I do not claim deep knowledge of how the two dealt with each other in closed-door meeting; my account is based only on what I saw and came to reliably know. However, I hope this book will help readers understand, at least in part, the, the complex relationship between the PM and the party president. 53. The another visual title appearing in Trailer BASED ON THE CONTROVERSIAL BOOK This visual is also misleading because makers of Trailer are claiming that it is based on Sanjaya Baru’s book . But this visual shows that makers, producers have produced the film on the basis of the controversial Book but in disclaimer it is being claimed that film is based on Sanjaya Baru’s book. 54. The petitioner do say that “Trailer” of the film released on Youtube is in violation of Rule 38 of Cinematograph (Certification) Rules 1983. Rule 38 specify that Advertisement, Trailer of a film should show, advertise the “Certified Title” of a film. Rule 38 is as under: Advertisement of Films.- Any person advertising a film granted ‘UA’, ‘A’ or ‘S’ certificate or the exhibition of such film by means of insertions in newspapers, hoardings, posters, handbills or trailers shall, after the date of its handbills or trailers that the film has been certified for such public exhibitions.[such advertisement shall indicate only the certified title of a film.] 55. That a back look of Trailer on YouTube shows: -- Dialogue of Ex PM (impersonated by Anupam Kher) -- Dialogue of Mrs. Sonia Gandhi (impersonated by Suzanne Bernet) -- Dialogue of Akshaye Khanna -- Dialogue of Mrs. Priyanka Gandhi Vadra (impersonated by Aahana Kumra) -- Some pictures are being shown -- Oath of secrecy taken by Dr Manmohan Singh is being shown -- Some pictures of official meetings, official functions are being shown. 56. The Petitioner submits that display of above mentioned titles in Trailer is in violation of Rule 38 of Cinematograph (Certification) Rules 1983, as Rule 38 allows the permission for Title of the film only. 57. That the Respondents are well aware of the above said violations but till this date no steps have been taken and the above said Trailer is being viewed 24/7 by millions of viewers. And this way violation of Rule 38 is being continued and being perpetuated day by day. This is the utter violation of Rule 38 of Act and Rules. 58. The Petitioner submits that Rules are being flouted, violated only on account of hidden agenda of political groups/parties and it is implicitly clear from the Trailer where it specify -------THIS ELECTION SEASON. 59. That the Petitioner submits that Respondent No. 4 /CBFC is under statutory obligation under Cinematograph Act 1952 and Rules to judge the entire Trailer in its entirety from the viewpoint of its overall impact and should have examined in the light of country’s sovereignty and integrity , country’s image before entire world, as regarding unaccountable damage to the office of Prime Minister. 60. That Petitioner do say that Trailer is having the propensity of inculcating hatred, amongst the person who believe in democratic set up, who believe in constitution of India. The Petitioner do say that trailer is not based on pure work of fiction. 61. That the Petitioner submits that every reasonable prudent man including the petitioner has carried a wrong impression regarding our country’s democratic set up, regarding Highest Office of Hon’ble Prime Minister. 62. That Petitioner is challenging the impugned Trailer on the basis of following grounds amongst others: 63. That Petitioner is a regular Youtube viewer and when the Petitioner noticed the Trailer of the above said film, the petitioner was perturbed as a wrong image of the country’s high office was being projected. That out of anxiety and for verifying the truth, petitioner read the book written by Sanjaya Baru. That by reading the book, Petitioner realised that makers of Trailer have added various inputs unauthorizingly without the consent of the author Sanjaya Baru. That Petitioner noticed various other violations which shows that Trailer is not based on Fiction, Petitioner also noticed that voice, looks, dress of high profile politicians were copied simply for upsetting the entire democratic set up. 64. That the Petitioner has previously filed WP ( C) 11099/2016 (Against Demonetization) as a Public Interest Litigation and that petitioner filed WPC 7337/2018 & 9569of 2018 ( against price hike of Petrol and Diesel) as a Public Interest Litigation. 65. The facts and circumstances narrated herein above have necessitated the filing of the present writ petition. 66. That the Petitioner has not filed any other petition before this Hon’ble Curt or any other Court or in the Hon’ble Supreme Court of India on the same subject matter and for same relief. 67. That petitioner do say that petitioner has no alternative effective remedy except to file the present writ petition for redressal of her grievances. PRAYER In view of the submissions made above and in the light of facts and circumstances of the case, the petitioner most respectfully prays that in the interest of justice this Hon’ble Court may kindly be pleased to pass necessary and appropriate writ, order or direction: (i) To pass necessary directions directing Respondent No. 1 and 4 to take steps to stop the exhibition, display of Trailer of “The Accidental Prime Minister” on YouTube channel and other web forums as the same is in violation of Section 5-B of Cinematograph Act read with Rule 38 of Cinematograph (Certification) Rules 1983 (ii) To pass any other order which this Hon’ble Court may deem fit and proper in the interest of justice. PETITIONER THROUGH (ARUN MAITRI; RADHIKA CHANDRASHEKHAR & ANANYA ROY) ADVOCATES P-57, NDSE, PART II NEW DELHI DATED: 05.01. 2019 PLACE: NEW DELHI IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA MAHAJAN … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner has filed the accompanying writ petition. It is submitted that averments as stated in writ petition may kindly be considered as part of this application. 2. The Petitioner is being motivated to file the present writ petition as provisions of Section 5-B of Cinematography Act & Rule 38 are being misused and under the garb of the said certificate producer has released “Trailer” which is affecting, harming the image of the Constitutional post such as Prime Minister of India and giving a bad name at the national as well as at the international level. 3. It is submitted that the Prime Minister of India is a Constitutional post and is protected under the Constitution of India and under no set of circumstances any company, individual, film producer can enjoy any such liberty to defame the said post / August Office. 4. The need and necessity for filing the present writ petition has arosen as the Defendant No. 2 and 3 have allowed, permitted the “Trailer” of film “the Accidental Prime Minister” on its YouTube channel and consequently thereof the post of Prime Minister is getting defamed on day to day basis in public domain before the public at large. 5. The Petitioner carries utmost respect for the Constitution of India as all Constitutional functionaries are working under the framework of Constitution of India and at present the Trailer released on YouTube is causing unaccountable damage to the name and fame of the office of Prime Minster of India. 6. That Dr. Manmohan Singh is well-known Economist of International repute. 7. That on dated 06.06.2017 the first look of the film named The Accidental Prime Minister, based upon the above-mentioned book was released through Actor Anupam Kher’s Official Twitter Account. 8. That on dated 08.06.2017, Mr. Pehlaj Nihlani, Chairman of CBFC warned the makers of the film that No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi are required to obtained to release the film. 9. That on dated 27/28.12.2018 the official Trailer of the film was released in which the release date of the film has been announced on 11th January, 2019. 10. The Petitioner do say that it seems that CBFC/ Respondent No. 4 has given the certificate under Section 5B to the Cinematograph Act and the permission/approval/certification under Section 5-B is in contravention of Section 416 of Indian Penal Code which defines that what amounts to impersonation. 11. It is a known fact that film producers have not taken any consent/permission from Dr. Manmohan Singh, Mrs. Sonia Gandhi and Rahul Gandhi to perform their characters or to perform their political life or to dress up in the same way as they had been doing in their normal life or to copy their voice in any manner. 12. That simultaneously Respondent No. 2 and 3 have also violated their own policy on “impersonation” also wherein YouTube itself categorizes, specifies that the “impersonation” will not be permitted on their channel. 13. The petitioner do say that “Trailer” of the film released on YouTube is also in violation of Rule 38 of Cinematograph (Certification) Rules 1983. Rule 38 specify that Advertisement, Trailer of a film should show, advertise the “Certified Title” of a film. Rule 38 is as under: Advertisement of Films.- Any person advertising a film granted ‘UA’, ‘A’ or ‘S’ certificate or the exhibition of such film by means of insertions in newspapers, hoardings, posters, handbills or trailers shall, after the date of its handbills or trailers that the film has been certified for such public exhibitions.[such advertisement shall indicate only the certified title of a film.] 14. That a bare look of “Trailer” of the above said film on YouTube shows: -- Dialogue of Ex PM (impersonated by Anupam Kher) -- Dialogue of Mrs. Sonia Gandhi (impersonated by Suzanne Bernet) -- Dialogue of Akshaye Khanna -- Dialogue of Mrs. Priyanka Gandhi Vadra (impersonated by Aahana Kumra) -- Some pictures are being shown -- Oath of secrecy taken by Dr Manmohan Singh is being shown -- Some pictures of official meetings, official functions are being shown. 15. That besides the above said dialogues of above said Public personalities the following titles are also being shown in the said “Trailer”: (i) This Election Season (ii) The Nuclear Deal (iii) The Kashimir Issue (iv) Of the PM and the Party (v) Witness an inside story (vi) Based on the controversial book 16. The Petitioner submits that audiovisual of above mentioned titles and dialogues is in violation of Rule 38 of Cinematograph (Certification) Rules 1983, as Rule 38 allows the permission for Title of the film only. 17. The Respondent No 1 & 4 are well aware of the above said violation but till this date no steps have been taken and the above said Trailer is being viewed 24/7 by millions of viewers. 18. That this way violation of Rule 38 is being continued and being perpetuated day by day. This is the utter violation of alleged certificate given by CBFC. 19. The Petitioner do say that petitioner has a good prima facie case and balance of convenience also lies in favour of the Petitioner. 20. That Petitioner do say that Petitioner and all others are suffering an irreparable loss and injury as misleading information is being circulated on social media through Trailer of film “The Accidental Prime Minster” on YouTube and name and fame of our own country is getting defamed on day to day basis. PRAYER It is most humbly and respectfully prayed that in the interest of justice the Hon’ble Court may please pass an order: (i) Restraining / directing the respondent No. 2 & 3 to suspend the display of Trailer of film “The Accidental Prime Minster” during the pendency of the present writ petition. (ii) Any other relief as this Hon’ble Court may think fit and proper under the facts and circumstances of the present case. It is prayed accordingly. PETITIONER THROUGH (ARUN MAITRI; RADHIKA CHANDRASHEKHAR & ANANYA ROY) ADVOCATES P-57, NDSE, PART II NEW DELHI DATED: JAN. 2019 PLACE: NEW DELHI LIST OF DATES & EVENTS 20.04.2014 : That on dated 20.04.2014 a book named “The Accidental Prime Minister” authored by Sanjaya Baru, was published. 06.06.2017 : That on dated 06.06.2017 the first look of the film named The Accidental Prime Minister, based upon the above-mentioned book was released through Actor Anupam Kher’s Official Twitter Account. 08.06.2017 : That on dated 08.06.2017, Mr. Pehlaj Nihlani, Chairman of CBFC warned the makers of the film that No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi are required to be obtained for releasing the film namely “The Accidental Prime Minister”. 27/28.12.2018 : That on dated 27/28.12.2018 the official Trailer of the film has been released. 28.12.2018 to 02.01.2019 : The Petitioner do say that as per the Petitioner’s information Respondent No. 4 has given the certificate under Section 5B of the Cinematograph Act to the said film. 02.01.2019 : The trailer released on YouTube channel is in violation of Rule 38 of Cinematography (Certification) Rules, 1983. Rule 38 specify that Advertisement, Trailer of a film should show, advertise the “Certified Title” of a film only. Rule 38 is as under: Advertisement of Films.- Any person advertising a film granted ‘UA’, ‘A’ or ‘S’ certificate or the exhibition of such film by means of insertions in newspapers, hoardings, posters, handbills or trailers shall, after the date of its handbills or trailers that the film has been certified for such public exhibitions.[such advertisement shall indicate only the certified title of a film.] The trailer of the film is showing following titles: (i) The Accidental Prime Minister (ii) This Election Season (iii) The Nuclear Deal (iv) The Kashimir Issue (v) Of the PM and the Party (vi) Witness an inside story (vii) Based on the controversial book That a bare look of Trailer on YouTube shows: -- Dialogue of Ex PM (impersonated by Anupam Kher) -- Dialogue of Mrs. Sonia Gandhi (impersonated by Suzanne Bernet) --Dialogue of Akshaye Khanna --Dialogue of Mrs. Priyanka Gandhi Vadra (impersonated by Aahana Kumra) -- Some pictures are being shown -- Oath of secrecy taken by Dr Manmohan Singh is being shown -- Some pictures of official meetings, official functions are being shown. The Petitioner submits that display of above mentioned titles is in violation of Rule 38 of Cinematograph (Certification) Rules 1983, as Rule 38 allows the permission for “Title” of the film only. That the “Titles” mentioned in trailer are misleading and besides that it violates Rule 38 of the said Rules. 02.01.2019 : The Petitioner has gone through the Book and do say that promo-Trailer of the Film is giving a wrong message at social media. The image of the High-office of Prime Minister (a constitutional post) is being damaged on account of this Trailer. The authority Sanjay Baru has himself said in “Preface” of the Book that viewers who intend to watch the movie should read the Book as well. 02.01.2019 to 04.01.2019 : The author of the Book has himself acknowledge in the Book that NO CONSENT was ever obtained from Dr. Manmohan Singh (EX PM of India) regarding the contents published in the said Book. Disclaimer in Trailer shows a contradiction: ➢ In disclaimer it is being claimed that Film – The Accidental Prime Minster is based on Sanjaya Baru’s book. ➢ In Trailer it is being claimed that film is based on “Controversial Book” 04.01.2019 : Petitioner being viewer of YouTube was misled and promoters deliberately violated the provisions of law. Petitioner herself was also misled and then Petitioner red the entire Book of Sanjaya Baru and find out the truth. Petitioner do say that in trailer, actors have committed act of impersonation also punishable under section 416 IPC. 04.01.2019 : Petitioner also checked up the policy of YouTube also regarding uploading of videos on YouTube. As per policy of YouTube impersonation of any individual is impermissible – but still YouTube has allowed the uploading of Trailer of Film namely “The Accidental Prime Minister” in contravention of their own policy knowing it fully well that offences of impersonation have been committed in the said trailer. 05.01.2019 : Hence the Writ petition. 17. The Petitioner(s) reside at Delhi. Consequently, this Hon’ble Court is conferred with the requisite territorial jurisdiction.The Petitioner(s) have not filed any other Writ Petition before this Hon’ble Court or any other Petition before the Hon’ble Supreme Court of India, assailing / or raising the contention(s) as raised herein. The Annexure(s) appended to this Petition are true copies of their respective originals. 18. Because since, the CBFC has not followed the guidelines prescribed under Section-5B, Cinematograph Act 1952 without confirming the NOCs which were to be obtained from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi, the Petitioner(s) have no other alternative / or efficacious remedy but to seek the kind indulgence / intervention of this Hon’ble Court.Hence, this Petition under Article(s) 226 and 227 of the Constitution of India. IT IS THEREFORE MOST RESPECTFULLY PRAYED THAT THIS HON’BLE COURT MAY BE MOST GRACIOUSLY PLEASED TO: PRAYER a) issue a writ of certiorari or any other appropriate writ, order or direction that this Hon’ble Court deems just and proper in the facts and circumstances of the present case and in the interest of justice /; b) c) pass such other and further order(s) that this Hon’ble Court may deem just and proper in the facts and circumstances of the present case and in the interest of justice and equity. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. & ORS. …RESPONDENT INDEX Sl. No. Particulars Page Nos. 1. Urgent Application. 2. Notice of Motion. 3. Memo of Parties. 4. List of Dates & Events. 5. Writ Petition (Criminal) under Article(s) 226 and 277 of the Constitution of India r/w 482 Cr.P.C. 6. Affidavit(s) in support of above. 7. Annexure A-1: 8. Annexure A-2: 9. Annexure A-3: 10. Annexure A-4 (Colly): 11. Application for and on behalf of the Petitioner(s) seeking stay of further 12. Affidavit in support of the above. 13. Application for and on behalf of the Petitioner(s) seeking exemption from filing certified copies / fair typed copies / dim Annexures with supporting Affidavit. 14. Affidavit in support of the above. Sl. No. Particulars Page Nos. 15. Vakalatnama. 21. Court Fees Rs.200/-. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: …PETITIONER(S). V E R S U S UNION OF INDIA …RESPONDENT NOTICE OF MOTION Reg: Writ Petition (Criminal) No. _____ / 2019 versus Union Of India & Ors. Sir, Please take notice that the aforesaid Petition is likely to be listed in the next few days, before the Hon’ble High Court. Kindly, acknowledge receipt of the Paper Book. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: …PETITIONER(S). V E R S U S UNION OF INDIA & ORS. …RESPONDENT. MEMO OF PARTIES. 1. … PETITIONER(S). V E R S U S UOI … RESPONDENT(S). PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: …PETITIONER(S). V E R S U S UOI …RESPONDENT URGENT APPLICATION. The Registrar, High Court of Delhi, New Delhi . Sir, Kindly treat the accompanying Petition as an urgent one, in accordance with the High Court Rules & Regulations. The Petitioner(s) are seeking stay of. Hence, the urgency. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: …PETITIONER(S). V E R S U S UNION OF INDIA & ORS. …RESPONDENT LIST OF DATES & EVENTS. 20.04.2014 A Book named The Accidental Prime Minister: The Making and Unmaking of Manmohan Singh, authored by Sanjaya Baru, was published. 06.06.2017 First look of the film named The Accidental Prime Minister, based upon the above-mentioned book was released through Actor Anupam Kher’s Official Twitter Handle. 08.06.2017 Pehlaj Nihlani, Chairman of CBFC warned the makers of the film that No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi are required to release the film. 27.12.2018 Official Trailer of the film was released in which the release date of the film has been announced on 11th January, 2019. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: …PETITIONER(S). V E R S U S UNION OF INDIA & ORS. …RESPONDENT CRIMINAL WRIT PETITION UNER ARTICLE 226 OF THE CONSITUTION OF INDIA FOR ISSUANCE OF NECESSARY WRIT, ORDER OR DIRECTION TO ……………….. TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI A HUMBLE PETITION OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: 1. That on dated 20.04.2014 A Book named The Accidental Prime Minister: The Making and Unmaking of Manmohan Singh, authored by Sanjaya Baru, was published. 2. That on dated 06.06.2017 the first look of the film named The Accidental Prime Minister, based upon the above-mentioned book was released through Actor Anupam Kher’s Official Twitter Account. 3. That on dated 08.06.2017 , Mr. Pehlaj Nihlani, Chairman of CBFC warned the makers of the film that No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi are required to release the film. Copy of the ENewspaper of INDIAN EXPRESS is attached herewith and marked as ANNEXURE- A. 4. That on dated 27.12.2018 the official Trailer of the film was released in which the release date of the film has been announced on 11th January, 2019. 5. That consequently, the Petitioner(s) submit that the said…………………………………………… by an appropriate writ, order or direction that this Hon’ble Court deems just and proper on the following amongst other grounds, taken without prejudice to one another – GROUNDS A. Because the Respondent has erred in law while certifying the film which leads to a violation of Section-5B of The Cinematograph Act, 1952. The abovesaid provision says : Principles for guidance in certifying films. 5B. (1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of 1 [the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence. (2) Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition. B. Because on dated 08.06.2017, clear instructions vide news report from Mr. Pehlaj Nihlani, Chairman of CBFC was published which clearly said that the makers of The Accidental Prime Minister have to take No-Objection Certificates from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi. C. Because, no such NOCs from the EX-PM Dr. Manmohan Singh and Smt. Sonia Gandhi have come on record since 08.06.2017. Only a routine disclaimer of being the adaptation of the book, The Accidental Prime Minister: The Making and Unmaking of Manmohan Singh is being shown in the trailer released on 27.12.2018 on every visual media. Copy of the screen shot of the disclaimer showed in Youtube is attached herewith and marked as ANNEXURE-B. D. Because, the Author of the book Mr. Sanjaya Baru had served the Ex-PM Dr. Manmohan Singh as his media adviser and chief spokesperson from Many 2004 to August 2008. The Trailer itself gives an impression that Mr. Baru witnessed the encounters between the Ex-PM Dr. Singh and Smt. Sonia Gandhi during all the alleged scams. Hence, the authenticity of the information given in the book is not beyond any reasonable doubt. In such case, the film adapting the same storyline shall lead to disgrace and defamation of the characters depicted in the movie whereas most of them are very much alive. E. Because, Dr. Manmohan Singh and the other living political personalities who have been depicted in this film, have not given their consent to portray them in this film. Hence, the release of the film amounts to serious invasion of their privacy. F. Because, the Constitution of India in Article 21, explicitly recognises that – “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty. This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. G. Because, in the recent judgment by the Hon’ble Supreme Court on dated 31.08.2018 in Justice K.S. Puttaswamy ( Retd.) & Anr. V. UOI & Ors. , it has been upheld that right to privacy is an intrinsic part of life and personal liberty. H. Because, the release of the film named The Accidental Prime Minister, does not even cover the “Reasonable Expectation of Privacy” as mentioned in Justice K.S. Puttaswamy ( Retd.) & Anr. V. UOI & Ors. I. Because, publishing a book and releasing a film is altogether a different concept. The book by Sanjaya Baru possibly has been read by a particular niche, who happen to be well read and well educated well off class. But a film makes an impact on the larger population. Being a motion picture it may have a very adverse effect on the larger population. J. Because, the characters depicted in the book and subsequently in the film are very much alive. Moreover, PMO is a Constitutional Establishment. Any disruption from the fact is a disrespect towards the Constitutional Establishment hence towards the Constitution. And from the duration when Sanajay Baru served the EX-PM and the duration about which the film is giving an impression, creates a larger amount of discrepancy. K. Because, the conversations shown in the trailer are of “Kitchen Cabinet” level which means serious confidentiality at the Ministerial Level. Thus public trust shall be affected, to be precise, adversely. 17. The Petitioner(s) reside at Delhi. Consequently, this Hon’ble Court is conferred with the requisite territorial jurisdiction.The Petitioner(s) have not filed any other Writ Petition before this Hon’ble Court or any other Petition before the Hon’ble Supreme Court of India, assailing / or raising the contention(s) as raised herein. The Annexure(s) appended to this Petition are true copies of their respective originals. 18. Because since, the CBFC has not followed the guidelines prescribed under Section-5B, Cinematograph Act 1952 without confirming the NOCs which were to be obtained from Ex-PM Dr. Manmohan Singh and Smt. Sonia Gandhi, the Petitioner(s) have no other alternative / or efficacious remedy but to seek the kind indulgence / intervention of this Hon’ble Court.Hence, this Petition under Article(s) 226 and 227 of the Constitution of India. IT IS THEREFORE MOST RESPECTFULLY PRAYED THAT THIS HON’BLE COURT MAY BE MOST GRACIOUSLY PLEASED TO: PRAYER a) issue a writ of certiorari or any other appropriate writ, order or direction that this Hon’ble Court deems just and proper in the facts and circumstances of the present case and in the interest of justice /; b) c) pass such other and further order(s) that this Hon’ble Court may deem just and proper in the facts and circumstances of the present case and in the interest of justice and equity. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2019. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL) No.______OF 2018. IN THE MATTER OF: M/S Roshan Lal Lalit Mohan …PETITIONER(S). Through Lalit Mohan(Proprietor) V E R S U S THE DIRECTORATE OF ENFORCEMENT,NEW DELHI. …RESPONDENT APPLICATION FOR AND ON BEHALF OF THE PETITIONER(S) SEEKING EXEMPTION FROM FILING CERTIFIED COPIES/FAIR TYPED COPIES/DIM ANNEXURES WITH SUPPORTING AFFIDAVIT. MOST RESPECTFULLY SHOWETH: 1. That the accompanying Writ Petition has been filed by the Petitioner(s), aggrieved by the illegal and unlawful initiation of proceedings against them under the provisions of the Prevention of Money Laundering Act, 2002. 2. That the Petitioners herein alongwith the instant Petition have also filed and relied upon certain Documents/ Annexures, that are relevant and germane for a proper and complete adjudication of the accompanying Petition. 3. That the Charge-Sheet(s) filed by the Petitioner(s) stand filed before the Competent Court, where proceedings arising from such Charge-Sheet(s) are pending before the ACMM at Tis Hazari District Courts, Delhi. The Petitioner(s) have already applied for certified copies of the Charge-Sheet(s), which they shall file after they are received by them. 4. That some of the Annexures are dim, whose typed copies are filed. The said Documents/Annexures are extremely necessary for the adjudication of the instant Petition. The Petitioner(s) herein seek the liberty from this Hon’ble Court to file and rely on the said Documents / Annexures. 5. That the Petitioner(s) herein seek the indulgence of this Hon’ble Court, to grant exemption from filing certified and dim copies of such Annexures/Documents. IT IS THEREFORE MOST RESPECTFULLY PRAYED THAT THIS HON’BLE COURT MAY BE MOST GRACIOUSLY PLEASED TO - PRAYER a) grant exemption from filing certified and dim copies of the Annexures/Documents with the accompanying Petition; and b) pass any other order(s)/direction that this Hon’ble Court may deem fit in the facts and circumstances of the present case and in the interest of justice / equity. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2018. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: M/S Roshan Lal Lalit Mohan …PETITIONER(S) Through Lalit Mohan(Proprietor) V E R S U S THE DIRECTORATE OF ENFORCEMENT,NEW DELHI. …RESPONDENT APPLICATION FOR AND ON BEHALF OF THE PETITIONER(S) SEEKING STAY OF FURTHER INVESTIGATION / PROCEEDINGS ARISING FROM / IN ECIR NO. 4/DLZO/2014 REGISTERED BY THE RESPONDENT UNDER THE PROVISIONS OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002. MOST RESPECTFULLY SHOWETH: 1. That the Petitioner(s) have filed the accompanying Writ Petition aggrieved by the registration of ECIR Case No. 4/DLZO/2014 by the Respondent under the provisions of the Prevention of Money Laundering Act, 2002. The Petitioner(s), are equally aggrieved by the investigation conducted and pursued by the Respondent pursuant to the aforesaid ECIR. 2. That it is the specific case of the Petitioner(s), that such proceedings initiated by the Respondent are without jurisdiction, incompetent, unlawful and beyond the purview / scope of the Prevention of Money Laundering Act, 2002. 3. That in particular, the Petitioner(s) contend that Section(s) 120B, 420, 467 and 471 of the Indian Penal Code were incorporated / introduced in the Prevention of Money Laundering Act, by an amendment with effect from 01.06.2009. 4. That on the contrary, the offence(s) alleged to have been committed by the Petitioner(s) are evidently prior to 02.04.2007. Understandably, on the alleged date of commission of offence(s), the provisions of the Prevention of Money Laundering Act, 2002 did not recognise them as an offence. 5. That consequently, under Article 20 of the Constitution of India, the Petitioner(s) cannot be charged with an offence which did not exist on the alleged date of occurrence / or commission. Likewise, the Petitioner(s) are already facing trial for the same offence(s) before the ACMM at Tis Hazari District Courts, Delhi – arising from / in Charge-Sheet(s) dated 02.04.2007 and 21.12.2011. 6. That resultantly, the registration of the aforesaid ECIR and all consequent investigation conducted pursuant thereto are unlawful and without the authority of law. The Petitioner(s) have a very good prima-facie case, wherein the balance of convenience tilts exclusively for and in their favour. The Petitioner(s) will suffer irreparable harm and injury, if such investigation and proceedings are not stayed pending adjudication / disposal of the accompanying Writ Petition. 7. That recognising the aforesaid facts and circumstances, including the primary contention that the ECIR itself is unlawful, illegal and without jurisdiction, the Petitioner(s) pray that urgent ad-interim directions be passed in their favour pending adjudication / disposal of the present Writ Petition. IT IS THEREFORE MOST RESPECTFULLY PRAYED THAT THIS HON’BLE COURT MAY BE MOST GRACIOUSLY PLEASED TO - PRAYER a) grant an ad-interim ex-parte order / direction staying all / any further investigation/ No coercive step and proceedings arising from / in Enforcement Case Information Report No. 4/DLZO/2014 filed by the Respondent against the Petitioner(s) pending adjudication / disposal of the present Writ Petition; b) pass any other order(s)/direction that this Hon’ble Court may deem fit in the facts and circumstances of the present case and in the interest of justice / equity. PETITIONER(S). THROUGH: Advocate Place: New Delhi. Dated:___.01.2018. IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: M/S Roshan Lal Lalit Mohan …PETITIONER(S) Through Lalit Mohan(Proprietor) V E R S U S THE DIRECTORATE OF ENFORCEMENT, NEW DELHI. …RESPONDENT AFFIDAVIT I, Lalit Mohan Goyal, Aged 47 years, S/o Mr. Roshan Lal R/o 6, Alipur Road, Civil Lines do hereby solemnly affirm and declare as under: 1. That the deponent is the petitioner in the aforesaid case, and is thoroughly conversant with the facts and circumstances of the present case, and is competent to swear this affidavit. 2. That the accompanying Petition has been drafted by my counsel at my instructions and I have gone through the same and find it true and correct as per my knowledge. 3. That the accompanying Petition may please be read as part & parcel of this affidavit and the contents of the same are not being repeated for the sake of brevity. 4. That the annexure to the accompanying Petition are true copies of their respective originals. Deponent Verification: Verified at New Delhi on this______ the day of ___, 2018 that the contents of the above affidavit are true and correct to my knowledge and belief. Deponent IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: M/S Roshan Lal Lalit Mohan …PETITIONER(S) Through Lalit Mohan(Proprietor) V E R S U S THE DIRECTORATE OF ENFORCEMENT, NEW DELHI. …RESPONDENT AFFIDAVIT I, Lalit Mohan Goyal, Aged 47 years, S/o Mr. Roshan Lal R/o 6, Alipur Road, Civil Lines do hereby solemnly affirm and declare as under: 1. That the deponent is the petitioner in the aforesaid case, and is thoroughly conversant with the facts and circumstances of the present case, and is competent to swear this affidavit. 2. That the accompanying Petition has been drafted by my counsel at my instructions and I have gone though the same and find it true and correct as per my knowledge. 3. That the accompanying Petition may please be read as part & parcel of this affidavit and the contents of the same are not being repeated for the sake of brevity. 4. That the annexure to the accompanying Petition are true copies of their respective originals. Deponent Verification: Verified at New Delhi on this______ the day of ___, 2018 that the contents of the above affidavit are true and correct to my knowledge and belief. Deponent IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL WRIT JURISDICTION) WRIT PETITION (CRIMINAL)No.______OF 2018. IN THE MATTER OF: M/S Roshan Lal Lalit Mohan …PETITIONER(S) Through Lalit Mohan(Proprietor) V E R S U S THE DIRECTORATE OF ENFORCEMENT, NEW DELHI. …RESPONDENT AFFIDAVIT I, Lalit Mohan Goyal, Aged 47 years, S/o Mr. Roshan Lal R/o 6, Alipur Road, Civil Lines do hereby solemnly affirm and declare as under: 1. That the deponent is the petitioner in the aforesaid case, and is thoroughly conversant with the facts and circumstances of the present case, and is competent to swear this affidavit. 2. That the accompanying Petition has been drafted by my counsel at my instructions and I have gone through the same and find it true and correct as per my knowledge. 3. That the accompanying Petition may please be read as part & parcel of this affidavit and the contents of the same are not being repeated for the sake of brevity. 4. That the annexure to the accompanying Petition are true copies of their respective originals. Deponent Verification: Verified at New Delhi on this______ the day of ___, 2019 that the contents of the above affidavit are true and correct to my knowledge and belief. Deponent IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA MAHAJAN … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS APPLICATION U/S 151 CPC ON BEHALF OF THE PETITIONER FOR EXEMPTION FROM FILING TRUE TYPED COPIES DIM ANNEXURES MOST RESPECTFULLY SHOWETH: 1) That the Petitioner has filed the above titled Writ Petition and have enclosed certain Dim/Hand-written/Under-lined Copies of the Annexures. 2) That the Petitioner undertakes to place on record the clear copies of the said Annexures as and when ordered by the Hon’ble Court. P R A Y E R : It is therefore respectfully prayed that the Hon'ble court may graciously be pleased to accept the Dim Annexures. PETITIONER THROUGH NEW DELHI ( A. MAITRI ) COUNSEL FOR PETITIONER P-57, SOUTH EXTN.-II DATED : ______, 2019 NEW DELHI IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (C) NO. ______OF 2019 IN THE MATTER OF: POOJA MAHAJAN … PETITIONER V E R S U S UNION OF INDIA & ORS. …RESPONDENTS A F F I D A V I T I, Ms. Pooja Mahajan D/o Shri S.K. Mahajan, aged about ____ Shop No. 37, Fashion Street, Shahpur Jat, New Delhi do hereby solemnly affirm and state as under: 1) That I am the Petitioner in the above noted case and being well conversant with the facts of the case, I am competent to swear and file this affidavit. 2) That the accompanying application has been drafted under my instructions, the contents of which have been read over to me and are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed therefrom. Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.125/-)
- Pharmaceutical regulatory law
Pharmaceutical regulatory law Download PDF Document In English. (Rs.50/-)
- EVENT PLANNER JOB DESCRIPTION
EVENT PLANNER JOB DESCRIPTION Job brief Events Planner is a highly visible role which demands extensive customer service skills, a high level of professionalism and willingness to handle all planning and administrative details of meetings and events. The ideal candidate must thrive in a challenging and fast passed atmosphere where prioritizing and multi-tasking are the norm. Exceptional attention to detail and first class organizational skills are mandatory. This dynamic position will report to the Director of Marketing and Events and work in a team environment to produce events, meetings and additional projects as required Responsibilities Develop and maintain event software and databases. Manage all aspects of volunteer committees and volunteer coordination, including but not limited to, staffing, recruitment, supervision, training and acknowledgement. Coordinate event logistics, publicity, including public relations, advertising and collateral material design, production and distribution. Responsible for the development and fulfillment of the events budgets. Responsible for in-kind donation solicitations for each event. Cultivate and expand sponsorship development and fulfillment. Cultivate and implement with the President a business-based donor development program. Coordinate logistics of events. Send thank you notes to all agency donors in a timely manner. Write, submit and follow-up to ensure placement on media releases and stories to established contacts with local and regional media. Maintenance of website. Maintain and broaden social networking to benefit the organization. Actively participate and staff committees as necessary and appropriate. Assist the President and Vice President in other fundraising programs or grants as Necessary Requirements The Event Coordinator should have some at least three (3) years’ experience planning and executing events of all sizes, ideally for a community organization. Individuals in this position must have demonstrated success in: Communication (listening, writing, and speaking) Building and leading teams that include volunteers Developing, implementing, and monitoring goals, objectives, and action plans Using Microsoft Office (i.e., Word, Excel, PowerPoint) Individuals in this position must be: Highly motivated and self-directed in achieving participant satisfaction and revenue goals associated with each individual event Able to multi-task, meet tight deadlines, and maintain composure under pressure in a fast-paced environment Committed to maintaining a professional appearance and demeanor at all times Creative in crafting solutions that maximize communication quality and quantity while minimizing costs Willing and able to handle a broad spectrum of day-to-day work duties as related to operations of the organization Ideally, individuals in this position are familiar with: Phelps business and community needs Basic project management techniques or methodologies Self-Management skills. Must be able to manage own time and priorities to ensure that deliverables are completed on time, within budget, achieving the desired scope, and at the required level of quality. Process skills. Must be detail-oriented. Must be committed to providing prompt responses to inquiries and requests, and to being relentless in following up until tasks are complete Thinking skills. Must be able to demonstrate success in solving problems, managing multiple priorities, escalating issues appropriately, making decisions, and developing creative approaches to intractable issues. Interpersonal skills. Must be able to listen actively, synthesize ideas, and obtain cooperation from others in transforming those ideas into action. Must be skilled at communicating orally and in writing, with emphasis on ability to present ideas clearly and concisely. Must be adept at maintaining effective working relationships with a wide variety of individuals at all levels in different professions. Psychological skills. Must balance focus with flexibility, enthusiasm with patience. Must be willing to take ownership and initiative. A positive, partnership perspective is essential, as is a high tolerance for ambiguity. Download PDF Document In English. (Rs.15/-)
- Return Authorization Letter
Return Authorization Letter From, _______ _______ Date: _______ (Date on which letter is written) To, _______ _______ Subject: Return Authorization Letter. I am writing this letter to tell you that I received your complaint letter regarding return/exchange of the product you bought from us a while ago because of a certain defect (mention the product and its defect). However, don’t worry as the product is still in the warranty period, it can be returned/repaired with ease. I am attaching a form along with this letter which you need to fill for starting the process of return. Also, I shall need the invoice bill of the product for reference as it would help in fastening the process. I am extremely sorry for the delay in reverting back. Hoping that this experience won’t hamper our customer-dealer relationship and you shall continue to buy from us. Yours sincerely, _________ (Your name) _________ (your designation) _________ (Your organization) Download Word Document In English. (Rs.5/-)
- JOB SATISFACTION SURVEY
JOB SATISFACTION SURVEY Download Word Document In English. (Rs.40/-) [INSERT NAME OF ORGANIZATION] [INSERT DATE] Job Satisfaction Survey (JSS) is a type of questionnaire used in order to assess various aspects of employee attitudes to determine overall job satisfaction. Among all other job scales used in assessing satisfaction, the job satisfaction survey is the most well-defined. In order for the participants to partake in the said survey, they are asked to respond to several number of items for every subscale. As for each item, there are options between “Strongly Agree” and “Strongly Disagree.” All participants must completely respond to these items accordingly. DEFINITION The basis for this job satisfaction survey are established based on the following details: JOB SATISFACTION These are the list of constructs that constitute an entire job satisfaction survey, including the employees’ satisfaction level with the following details: 1. Different opportunities and premiums 2. Excellent management 3. Employee perks and benefits 4. Standard workplace operating rules and regulations 5. Immediate superiors and colleagues 6. The disposition of the performed work Description for Validation of Used Sample Below are sample demographic statistics in a job satisfaction survey. GENDER Sample size = [INSERT VALUE] Number of individuals who responded to the question = [INSERT VALUE] Gender Recurrence Percent Value Male 00 0.0% Female 00 0.0% Lacking 00 0.0% AGE Number of individuals who responded to the question = 00 Age Group Recurrence Percent Value Below 20 yrs. old 00 0.0% 20-30 yrs. old 00 0.0% 31-40 yrs. old 00 0.0% 41-50 yrs. old 00 0.0% 51-60 yrs. old 00 0.0% Over 60 yrs. old 00 0.0% Lacking 00 0.0% LEVEL OF EDUCATION Number of individuals who responded to the question = 00 Level of Education Recurrence Percent Value Master’s degree 00 0.0% College Graduate 00 0.0% Undergraduate 00 0.0% High School Graduate 00 0.0% NUMBER OF YEARS WORKING IN A COMPANY Number of individuals who responded to the question = 00 Number of Years Recurrence Percent Value Less than a year 00 0.0% More than a year 00 0.0% More than 2 years 00 0.0% More than 3 years 00 0.0% More than 4 years 00 0.0% WORK STATURE LEVEL Number of individuals who responded to the question = 00 Work Stature Level Recurrence Percent Value Seasonal 00 0.0% Contractual 00 0.0% Tenured 00 0.0% Probationary 00 0.0% To ensure the validity of the job satisfaction survey, below are the key steps that must be followed accordingly: In order to properly review items for their clarity and effectiveness, face validity method was always used. This is also one way to ensure that constructs have been interpreted to different items. Other necessary variables on the other job satisfaction scales were being compared to the ones that are written here. This is important in order determine similar validity of variables. A general study was conducted last [INSERT DATE]. This instrument was used and obtained a factor analysis. Those questions that didn’t make sense were omitted based on all the information gathered. JOB SATISFACTION SURVEY ADMINISTRATION GUIDELINES Prior to conducting the job satisfaction survey, all information stated below must be provided to the participants. The job satisfaction survey consists of [SPECIFY NUMBER OF STATEMENTS] statements. These are about the different elements of an individual’s job followed by a series of demographic questions an employee’s job satisfaction. This can take up to [SPECIFY MINUTES] minutes to finish. When answering survey questions, a participant must think about his/her own job and rank each based on the level of agreeable or disagreeable statement. The following scale must be followed when answering: Abbreviation Meaning Rank SA Strongly Agree 1 MA Moderately Agree 2 SD Strongly Disagree 3 MD Moderately Disagree 4 JOB SATISFACTION SURVEY This survey was created to help improve and assess various aspects of employee attitudes in relation to an overall workplace satisfaction. When taking this survey, only circle the ideal response for each question. The answer should be closely reflecting your opinion regarding such statement. Return this job satisfaction survey to [INSERT COMPLETE NAME] on or before [INSERT DATE] . Take your time when answering. For all the work I do, I am being compensated fairly. SA MA SD MD There is little to zero career advancement in my job. SA MA SD MD My immediate superior is highly knowledgeable with his/her job. SA MA SD MD As for the perks and benefits I received, these are not enough for me. SA MA SD MD I am being recognized enough for every excellent job I do. SA MA SD MD Our rules and regulations at work make it harder for me to achieve a good job. SA MA SD MD There is sufficient training and/or learning opportunities from our department in terms of the changing needs of the workplace. SA MA SD MD There are times when I feel that my job is worthless. SA MA SD MD It is difficult to earn a raise in the workplace, it is either too few or too far in between. SA MA SD MD Those who do well have the higher chance when it comes to promotion. SA MA SD MD My education on the job is a constant endeavor. SA MA SD MD All perks and benefits we receive are at par with what other companies are offering. SA MA SD MD I don’t feel any appreciation from the work that I do. SA MA SD MD I like doing the things that I do while at work. SA MA SD MD Learning is always part of planned actions rather than accidental in my workplace. SA MA SD MD I enjoy my time a lot when working with coworkers. SA MA SD MD I have so much things to do at work and it’s making me exhausted. SA MA SD MD I always have a sense of pride in terms of doing my job. SA MA SD MD I am proactive enough in looking for ways that will help me improve. SA MA SD MD I and my supervisor are in good working relationship. SA MA SD MD I always have learning goals made to develop my current work duties, and in preparing myself for future promotions. SA MA SD MD There are benefits that the company didn’t provide which we should obtain. SA MA SD MD I have too much work to do, and some are not even related to my scope of work. SA MA SD MD I enjoy my work so much. SA MA SD MD There are less rewards for employees who work here. SA MA SD MD My immediate superior shows no interest in helping out his/her subordinates. SA MA SD MD In general, I am fully satisfied with the amount of experience I achieved on the job. SA MA SD MD I am positive and satisfied with my chances for possible promotion and increase in salary. SA MA SD MD People are so interested when it comes to professional advancement and career growth. SA MA SD MD My immediate superior is pretty unfair to his/her subordinates. SA MA SD MD Thank you for your time in answering this survey. Should you need assistance or any clarifications, you may contact [INSERT COMPLETE NAME] at [INSERT CONTACT NUMBER] or send an email to [INSERT EMAIL ADDRESS] .
- Marketing Intern Responsibilities
Marketing Intern Responsibilities Collecting quantitative and qualitative data from marketing campaigns Performing market analysis and research on the competition Supporting the marketing team in daily administrative tasks Job brief We are looking for an enthusiastic marketing intern to join our marketing department and provide creative ideas to help achieve our goals. You will have administrative duties in developing and implementing marketing strategies. As a marketing intern, you will collaborate with our marketing and advertising team in all stages of marketing campaigns. Your insightful contribution will help develop, expand and maintain our marketing channels. This internship will help you acquire marketing skills and provide you with knowledge of various marketing strategies. Ultimately, you will gain broad experience in marketing and should be prepared to enter any fast-paced work environment. Responsibilities Collect quantitative and qualitative data from marketing campaigns Perform market analysis and research on the competition Support the marketing team in daily administrative tasks Assist in marketing and advertising promotional activities (e.g. social media, direct mail and web) Prepare promotional presentations Help distribute marketing materials Manage and update company database and customer relationship management systems (CRM) Help organize marketing events Requirements Strong desire to learn along with professional drive Solid understanding of different marketing techniques Excellent verbal and written communication skills Excellent knowledge of MS Office Familiarity with marketing computer software and online applications (e.g. CRM tools, Online analytics and Google Adwords) Passion for the marketing industry and its best practices Download PDF Document In English. (Rs.5/-)
- Notice of Rent Increase
Notice of Rent Increase Name of Tenant Address of Tenant Unit Number This Notice is to inform you that beginning on, Insert Date of Rent Increase, the monthly rent for the unit you currently occupy, Unit Insert Unit Number, which is located at, Insert Property Address, will be increased to Insert New Monthly Rent per month. This rental payment is due on or before the 5th day of each month. If you wish to continue your tenancy, the new monthly rental payment of Insert New Monthly Rent is required. Please be advised that all other terms of your original rental agreement remain in effect. Please sign the Notice below, indicating your agreement and continued tenancy or indicating your disagreement and subsequent termination of tenancy. Thank you. We appreciate your continued tenancy. Sincerely, Landlord’s Signature:_________________________ Date:______________________________________ Download Word Document In English. (Rs.5/-)
- Violation Form
Violation Form Report Employee: Violation No: Reported to: Date: Reported by: Date of Incident: Contact Information: Report Type: ❑ Mail ❑ Email ❑ Phone ❑ In Person Violator(s) Location Safety Code(s) Broken Description of Event Next Course of Action Download PDF Document In English. (Rs.5/-)
- ADMINISTRATIVE SERVICES AGREEMENT
ADMINISTRATIVE SERVICES AGREEMENT Download Word Document In English. (Rs.50/-) This ADMINISTRATIVE SERVICES AGREEMENT is duly made and organized on [SPECIFY DATE OF EXECUTION] in [SPECIFY PLACE OF EXECUTION] . The parties to this Agreement are as follows: [SPECIFY COMPLETE NAME] hereinafter referred to as the Service Provider, is a company organized and registered under the laws of [SPECIFY STATE] . The Service Provider primarily conducts its business in [SPECIFY PRINCIPAL PLACE OF BUSINESS] ; And [SPECIFY COMPLETE NAME] hereinafter referred to as the Company, is a company organized and registered under the laws of [SPECIFY STATE] . The Service Provider primarily conducts its business in [SPECIFY PRINCIPAL PLACE OF BUSINESS] ; For a reasonable and valuable consideration, the undersigned parties acknowledge and manifest their commitment to comply and adhere to the terms and conditions which are provided below: ENGAGEMENT The Undersigned Company hereby declares its intention to engage and hire the services of the Service Provider to provide specific administrative services in line with formers [SPECIFY PROJECT NAME] ’s execution and implementation. The terms of engagement are embodied in this Agreement. SERVICES Subject to the terms and conditions of this Agreement, the undersigned Service Provider is duty-bound to perform and render the following services: The Service Provider will provide the needed manpower and human resource who will execute the needed administrative tasks for the Company’s project. The Service Provider will manage and administer company records and other administrative documents that are used and will be used in the company project. The Service Provider must ensure that the company records are stored properly and are conveniently accessible to the authorized officers of the Company. The Service Provider shall provide certain secretarial services, such as organizing meetings, processing documentations, and many more. The Service Provider shall provide inventory monitoring and management. The Service Provider shall establish and outline an administrative plan for the company’s project The Service Provider shall create a comprehensive and dynamic plan that showcases the delineation of tasks and responsibilities of his or her subordinates. The Service Provider shall organize, manage, and consolidate business reports and financial records. The Service Provider shall ensure that the company complies and adheres to the legal standards and statutes, such as environmental standards, operational protocols and standards, labor laws and regulations, health-related policies, and many more. The Service Provider shall supervise and direct equipment management and maintenance. The Service Provider shall represent and act on behalf of the company in government-sponsored seminars, meetings, and workshops. The Service Provider will also create a dispute settlement plan in order to administer and manage project-related disputes in an efficient and convenient manner. The foregoing list is not exclusive. Other analogous administrative services will also be performed by the Service Provider. OBLIGATIONS OF THE COMPANY Subject to the terms and conditions of this Agreement, the undersigned Company is duty-bound to comply and adhere to the following duties and obligations: The sums paid by the Company to pay compensation claims and benefits for employees of the undersigned Service Provider shall be saved in an administrator claims bank account, whereupon the administrator should have the authority to issue checks. The Company should be in charge of cost planning, including expenses owed to the bookkeeper, examiner, statistician, and etc. The Company is mandated by this Agreement to provide adequate assistance and support to the Service Provider, specifically in cases that require company expertise. The Company is duty-bound to reimburse the Service Provider for expenses and expenditures incurred in the course of performing and executing their duties. The foregoing duties and obligations are not exclusive. There are other legitimate duties and obligations that the undersigned Company must implement and execute provided that they are sanctioned by law. COOPERATION The Undersigned Company and Service Provider expressly agree and affirm their mutual duty to cooperate and collaborate with one another in the course of executing and completing the project. They recognize and acknowledge their duty to perform all necessary decisions and actions in executing a task, taking into account that they have common goals and objectives. The following areas are the identified aspects by the parties which will need their mutual support and cooperation: Subject to the terms and conditions of this Agreement, The undersigned parties will collaborate, discuss, and designate particular individuals to specific administrative positions. Subject to the terms and conditions of the Agreement, the undersigned Service Provider will organize and schedule discussions and regular meetings with the Company in order to discuss progress reports, project gaps, and project milestones. [SPECIFY OTHER AREAS FOR COOPERATION AND COLLABORATION] COMPENSATION The undersigned Company is required to provide reasonable and valuable compensation to the Service Provide in return for the administrative services that the latter provides. The compensation is [SPECIFY TOTAL AMOUNT] , which is payable on a monthly basis. The undersigned Company is obliged to give the Service Provider a receipt exemplifying the payment breakdown within [SPECIFY NUMBER OF DAYS] days before the due date of the monthly payment. As determined under this Agreement, for payment to be deemed accepted by the Service Provider, the Company must regularly pay through the approved and authorized officers of the Service Provider. Nothing in this Agreement restricts any of the undersigned parties from modifying or adjusting the conditions given that the parties consent to such changes. Payments must be made every [SPECIFY MONTH AND DAY] of each year. In the event that the undersigned Company desires or decides to change the payment terms, the following must be complied with in order for such change to be valid and enforceable: The notice must be duly accompanied by an explanation as to why there is a need to implement such change. The undersigned Company must send a notice to the Service Provider within [SPECIFY AGREED DATE] before the scheduled date of payment. The undersigned Service Provider must notify the Company of its approval or rejection within [SPECIFY AGREED DAYS] days from the former’s receipt of the notification. REPRESENTATIONS AND WARRANTIES REPRESENTATIONS AND WARRANTIES OF THE COMPANY The undersigned Company makes the following representations and warranties: The undersigned Company represents and warrants that it is legally sanctioned by law to participate into this kind of transaction with the undersigned Service Provider. The undersigned Company warrants that it is a corporation which is duly incorporated and registered under the laws of [SPECIFY STATE] . The undersigned Company represents and warrants that it is legally authorized and sanctioned by law to implement the [SPECIFY PROJECT NAME] . The undersigned Company represents and warrants that the operation of this Agreement will not contravene any of the parts and provisions of its Articles of Incorporation. The undersigned Company represents and warrants that it will realize and adhere to the terms and conditions of this Agreement in a diligent and legal manner. The Undersigned Company duly agrees to comply and perform any and all obligations that are necessary and essential for the execution of this Administrative Services Agreement. The Undersigned Company acknowledges and emphasizes that the list of representations and warranties provided under this section is exclusive. REPRESENTATIONS AND WARRANTIES OF THE SERVICE PROVIDER The undersigned Service Provider makes the following representations and warranties: The undersigned Service Provider represents and warrants that it is lawfully authorized by law to enter into this kind of transaction with the Company. The undersigned Service Provider represents and warrants that it will adhere to the terms and conditions of this Agreement in a diligent and legal manner. The undersigned Service Provider duly agrees to comply and perform any and all obligations that are necessary and essential for the execution of this Administrative Services Agreement. The undersigned Service Provider acknowledges and emphasizes that the list of representations and warranties provided under this section is exclusive. INDEMNIFICATION The Company agrees to indemnify the administrator, directors, officers, service providers, and agents against all claims, liabilities, lawsuits, settlements, judgments, damages, costs, penalties, and expenses, including attorneys’ fees and costs. TERMINATION This shall subsist and be implemented for a period of [SPECIFY AGREED TERM] . Regardless of the said term, any of the undersigned parties may commence an action to pre-terminate this Agreement if any of the following conditions transpire: In the event that the object and purpose of this Agreement is invalidated without fault or negligence from either of the undersigned parties. In the event that of one or both of the undersigned parties fail to comply with their duties and obligations unless otherwise stipulated in this Agreement. Failure by one of the undersigned parties to duly comply with a law or statute decree that makes the continued implementation of this Agreement illegal. In the event that one of the undersigned parties commit an act tantamount to a breach of its warranties and representations. [SPECIFY OTHER CAUSES FOR IMMEDIATE TERMINATION] Nothing in this Agreement precludes any of the undersigned parties to initiate an action to modify or extend the term of this Agreement provided that the consent and approval of the other party is duly secured. Termination of this agreement shall not cease the rights or obligations of either party prior to the termination of the agreement. CONFIDENTIALITY The undersigned parties agree and confirm that it is inevitable that in the course of implementing and executing this Agreement, they may be exposed to each other’s data and information, which are deemed sensitive and confidential in character. Both parties agree that the preservation and security of their intellectual properties must be upheld and respected at all times. In line with this, the undersigned parties are not, in any way, authorized or permitted by this Agreement to engage in the following activities: To share and impart the said confidential information to other individuals or entities without the authorization of the owner of such information. To use the said confidential information without permission. To create a duplicate copy of the said information without the authorization of the owner of such information. [SPECIFY OTHER PROHIBITED ACTIVITIES] In the event that one of the undersigned parties violate the rules on confidentiality, the party at fault is liable to pay the injured party with a penalty of [SPECIFY PENALTY/ AMOUNT] . This rule on confidentiality shall subsist and survive the termination of this Agreement for a period. FORCE MAJEURE If the Service Provider is unable to perform its obligations under this agreement by reason of war, fire, insurrection, strike, riot, earthquake, hurricane, natural disaster, or an act of God, this agreement or some portions shall be suspended until such time that the interruption has been resolved. If the suspension continues for more than 60 days, the Company may terminate this agreement upon 30 days prior to a written notice. RELATIONSHIP OF THE PARTIES In performing its obligations hereunder, Service Provider, its directors, officers, and agents shall be deemed to be acting as independent contractors and not as agents or employees of the Company. SETTLEMENT OF DISPUTES, GOVERNING LAW & ARBITRATION Any dispute and/or difference arising out of, or relating to this agreement including interpretation of its terms will be resolved through joint discussion by the authorized representatives of both the parties. Moreover, if the disputes are not resolved by discussion then the matter will be referred for adjudication to the Arbitration of a Sole arbitrator. This Agreement shall be governed by the laws of India. The Courts in Mumbai (City Name) shall have exclusive jurisdiction over the subject matter of this Agreement. In the event of any dispute or differences arising out of or in connection with this agreement, the parties hereto, agree to resolve their dispute by a sole arbitrator chosen by the parties in fast track procedure under the provision of Sec29B of Arbitration and Conciliation act of 1996. The award under this section shall be made within a period of 6 months from the date of commencement of the arbitral tribunal proceedings. The arbitration proceedings shall be conducted in English. The place of Arbitration shall be Mumbai (City Name) . The award passed in the arbitration proceedings shall be final and binding on both the parties. The cost of arbitration proceedings shall be equally borne by both the parties. Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings. GENERAL PROVISIONS Neither party shall assign its rights or obligations hereunder without the prior written consent of the other, provided however, that the Service Provider has assigned the agreement to a related entity or to any successor in a corporate reorganization. The Company recognizes and concurs that the Service Provider may allocate, subcontract, or generally appoint any of its capacities or obligations to another qualified entity, given that such task or assignment would not diminish the Service Provider’s commitments and obligations under this agreement. At the Company’s request, the Service Provider will provide notice of any such assignment or delegation. This agreement contains the entire agreement between the parties and may be amended only by writing signed by both parties. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement shall remain in full force and effect. Failure to enforce any provision of this agreement does not alter or waive the provision, or affect the future enforceability of the provision. SIGNED, AGREED AND UNDERSTOOD BY BOTH PARTIES: SERVICE PROVIDER: [SPECIFY NAME AND SIGNATURE] [SPECIFY TITLE/POSITION] [SPECIFY DATE SIGNED] COMPANY: [SPECIFY NAME AND SIGNATURE] [SPECIFY TITLE/POSITION] [SPECIFY DATE SIGNED]
- Instalment Payment Agreement
Instalment Payment Agreement Download Word Document In English. (Rs.15/-) Prepared for: [Client. FirstName] [Client. Last Name] [Client. Company] Created by: [Sender. FirstName] [Sender. Last Name] [Sender. Company] Instalment Payment Agreement This Instalment Payment Agreement is entered into as of [Date] by and between [Client. Company] having its principal place of business located at [Client. Address] (the “Owing Party”) and [Sender. Company] having its principal place of business located at [Sender. Address] (the “Owed Party”), both of whom agree to be bound by this Agreement. WHEREAS, the Owing Party owes the Owed Party [Amount owed] (the “Deficiency”); and WHEREAS, the Owing Party and the Owed Party desire to enter into an agreement whereby the Owing Party shall pay the Owed Party the sum of the Deficiency on a payment plan according to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Owing Party and the Owed Party (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows: 1. Deficiency Acknowledgment The Owing Party agrees and acknowledges that it owes the Owed Party an amount of money equal to the Deficiency as defined above. Nothing in this Instalment Payment Agreement is a waiver of any amounts owed and in the event of any breach of this Agreement by the Owing Party, the Owed Party’s rights to the Deficiency shall not be limited. 2. Owing Party Representation and Warranty The Owing Party hereby represents and warrants that this Agreement and the payment plan herein has been developed in a manner that that the Owing Party reasonably believes it can pay the Owed Party without further interruption notwithstanding an additional change in circumstances. 3. Payment Plan The Parties hereby agree to the payment plan as described on Exhibit A attached hereto (the “Payment Plan”). The Owing Party agrees to make the payments to the Owed Party associated with the dates as listed on the Payment Plan. 4. Method of Payment Payments shall be made to the Owed Party in accordance with the Payment Plan via [Payment method]. 5. Release and Indemnification In consideration for agreeing to this Instalment Payment Agreement, the Owed Party hereby releases any claims against the Owing Party related to the Deficiency as of the date of this Agreement. However, nothing in this Agreement is meant to release the Owing Party from its obligation to pay the Deficiency according to the Payment Plan herein or limit the rights of the Owed Party in collecting said Deficiency. 6. Acceleration upon Breach In the event that the Owing Party fails to make any payments in accordance with the Payment Plan, upon reaching ten (10) days after the failure to make any such prescribed payment, the full amount of the Deficiency shall come immediately due and payable. 7. Assignment The Owed Party may assign this Agreement with written notice to the Owing Party. In the event of such assignment, the assignee may designate a new method of payment. 8. No Modification Unless in Writing No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. 9. Severability In the event any provision of this Agreement is held to be invalid, illegal, or enforceable for any reason, then the Parties agree that such provision shall be deemed to be struck and the remainder of the Agreement shall be enforced as if the struck provision were never included in the Agreement. 10. Applicable Law This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [State] and subject to the exclusive jurisdiction of the federal and state courts located in [County], [State] . IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below. [Sender. Company] Signature MM/DD/YYYY [Sender. FirstName] [Sender. LastName] [Client. Company] Signature MM/DD/YYYY [Client. FirstName] [Client. Last Name]
- UNLIMITED GUARANTY
UNLIMITED GUARANTY Download Word Document In English. (Rs.30/-) This Unlimited Guaranty (this “ Guaranty ”) is entered into effective __________, by ____________________, ____ (“ Guarantor ”), a Texas registered limited liability partnership, for the benefit of _______ (“ Lender ”), an ______ state banking association. For valuable consideration, Guarantor absolutely and unconditionally guarantees and promises to pay to Lender or its order, in legal tender of India, the Indebtedness (as defined below) of __________. (“ Borrower ”), a _____ registered limited liability partnership, to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. 1. DEFINITIONS. The following words have the meanings assigned below when used in this Guaranty: (a) “ Indebtedness ” means any and all of Borrower’s liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, together with all other liabilities, costs, and expenses for which Borrower is responsible under the Loan Agreement, under any Loan Documents, including, without limitation, the obligations evidenced by the Notes, and all other loans, advances, interest, costs, attorneys fees, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, any present or future judgments against Borrower, and all renewals, extensions, modifications, substitutions, and rearrangements of the foregoing; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, direct or indirect, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as debtor, maker, comaker, drawer, endorser, guarantor, or surety; whether such Indebtedness arises by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, overdraft, indemnity agreement, or otherwise; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. (b) “ Loan Agreement ” means the Loan Agreement of even date, executed by Borrower and Guarantor, as co-borrowers, and Lender, as amended. (c) “ Loan Documents ” means the Loan Agreement, the Notes, and all Loan Documents (as defined in the Loan Agreement), and includes, without limitation, all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements, and documents, whether now or hereafter existing, executed in connection with the Indebtedness. (d) “ Notes ” has the meaning assigned in the Loan Agreement and includes all renewals, extensions, or substitutions for any of those notes. 2. NATURE OF GUARANTY. This is a guaranty of payment and not of collection. Guarantor’s liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter incurred or contracted. 3. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred, committed, or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor’s written notice of revocation must be delivered to Lender at the address of Lender listed below or such other place as Lender may designate in writing. This Guaranty may be revoked only with respect to Indebtedness incurred or contracted by Borrower or acquired or committed to by Lender after the date on which written notice of revocation is actually received by Lender. No notice of revocation hereof shall be effective as to any Indebtedness: (a) existing at the date of receipt of such notice; (b) incurred or contracted by Borrower, or acquired or committed to by Lender, prior to receipt of such notice; (c) now existing or hereafter created pursuant to or evidenced by the Loan Agreement or a commitment in existence prior to receipt of such notice under which Borrower is or may become obligated to Lender; or (d) renewals, extensions, consolidations, substitutions, and refinancing of the foregoing. Guarantor waives notice of revocation given by any other guarantor of the Indebtedness. If Guarantor is an individual, this Guaranty shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lender’s actual notice of Guarantor’s death or incapacity. Release of any other guarantor of the Indebtedness, or termination or revocation of any other guaranty of the Indebtedness, shall not affect the liability of Guarantor under this Guaranty. Notwithstanding any provision to the contrary, it shall be an Event of Default under the Loan Agreement if Guarantor revokes or disputes the validity of or liability under this Guaranty or any of the Loan Documents. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and it is specifically acknowledged and agreed by Guarantor that reductions in the amount of Indebtedness, even to zero rupees shall not constitute a termination of this Guaranty, unless and until all Indebtedness has been fully and finally paid and satisfied, Lender has no further commitment to loan funds to Borrower, and all other obligations of Guarantor under this Guaranty have been performed in full. 4. AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening or otherwise affecting Guarantor’s liability under this Guaranty, from time to time: (a) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower’s sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when, and what application of payments and credits shall be made on the Indebtedness; (f) to apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty in whole or in part. 5. REPRESENTATIONS, WARRANTIES, AND COVENANTS. Guarantor represents, warrants, and covenants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower’s request and not at the request of Lender; (c) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor’s assets; (d) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; (e) Guarantor will provide to Lender financial statements and other financial information regarding Guarantor as Lender may request from time to time, in form and detail acceptable to Lender, and all such financial information heretofore and hereafter provided to Lender is and shall be true and correct in all material respects and fairly presents the financial condition of Guarantor as of the dates thereof, and no material adverse change has occurred in the financial condition of Guarantor since the date of the most current financial statements provided to Lender; (f) Guarantor is familiar with the current financial condition of Borrower and has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower’s future financial condition and is not relying on Lender to provide such information to Guarantor; (g) as of the date hereof, and after giving effect to this Guaranty, (i) Guarantor is and will be solvent, (ii) the fair saleable value of Guarantor’s assets exceeds and will continue to exceed Guarantor’s liabilities (both fixed and contingent), (iii) Guarantor is and will continue to be able to pay Guarantor’s debts as they mature, and (iv) if Guarantor is not an individual, Guarantor has and will continue to have sufficient capital to carry on its business and all businesses in which it is about to engage; and (h) Guarantor has the power and authority to execute, deliver, and perform this Guaranty and the other Loan Documents executed by Guarantor. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor’s risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. 6. WAIVERS. (a) General Waivers . Guarantor waives any right to require Lender (i) to continue lending money or to extend other credit to Borrower; (ii) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or non-action on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (iii) to notify Guarantor of any change in the manner, place, time, or terms of payment of any of the Indebtedness (including, without limitation, any renewal, extension, or other modification of any of the Indebtedness); or (iv) to notify Guarantor of any change in the interest rate accruing on any of the Indebtedness (including, without limitation, any periodic change in such interest rate that occurs because such Indebtedness accrues interest at a variable rate which may fluctuate from time to time). Should Lender seek to enforce the obligations of Guarantor hereunder, Guarantor waives any right to require Lender to first (i) resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor of the Indebtedness; (ii) to proceed directly against, marshal, enforce, or exhaust any collateral held by Lender from Borrower, Guarantor, any other guarantor, or any other person; or (iii) to pursue any other remedy within Lender’s power. (b) Waiver of Defenses . Guarantor waives all rights of Guarantor under, or the requirements imposed by, Chapter 34 of the Texas Business and Commerce Code. Guarantor also waives any and all rights or defenses arising by reason of (i) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor’s subrogation rights or Guarantor’s rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (ii) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower’s liability from any cause whatsoever, other than payment in full in legal tender of the Indebtedness; (iii) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; or (iv) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of all or any part of the Indebtedness is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy, or reorganization of Borrower, Guarantor, any other guarantor of all or any part of the Indebtedness, or otherwise, all as though such payment had not been made. (c) Waiver of Claims . Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of set off, counterclaim, counter demand, recoupment, or similar right, whether such claim, demand, or right may be asserted by Borrower, Guarantor, or both. In addition to any other waivers, agreements, and covenants of Guarantor set forth herein, Guarantor hereby further waives and releases all claims, causes of action, defenses, and offsets for any act or omission of Lender, its directors, officers, employees, representatives, or agents in connection with Lender’s administration of the Indebtedness, except for Lender’s willful misconduct and gross negligence. (d) Waiver of Subrogation . Notwithstanding any provision in this Guaranty to the contrary, Guarantor hereby waives and releases (i) any and all rights of subrogation, reimbursement, indemnification, or contribution which it may have after payment in full or in part of the Indebtedness against others liable on any of the Indebtedness, (ii) any and all rights to be subrogated to the rights of Lender in any collateral or security for any of the Indebtedness after payment in full or in part of the Indebtedness, and (iii) any and all other rights and claims of Guarantor against Borrower or any third party as a result of Guarantor’s payment of any Indebtedness. (e) Waivers Binding . Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor’s full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. 7. PAYMENT BY GUARANTOR. In the event of a default in the payment or performance of all or any part of the Indebtedness when such Indebtedness becomes due, whether by its terms, by acceleration, or otherwise, Guarantor shall, without notice or demand, promptly pay the amount due thereon to Lender, in lawful money of India. The exercise by Lender of any right or remedy under this Guaranty or under any other agreement or instrument, at law, in equity or otherwise, shall not preclude concurrent or subsequent exercise of any other right or remedy. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. In the absence of such notice to Lender by Guarantor, any sum received by Lender on account of the Indebtedness shall be conclusively deemed paid by Borrower. 8. MISCELLANEOUS PROVISIONS. (a) Amendments . This Guaranty, together with any Loan Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty and supersedes all prior written and oral agreements and understandings, if any, regarding same. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b) Applicable Law . This Guaranty has been delivered to Lender and is performable in Tarrant County, Texas. Courts within the State of Texas have jurisdiction over any dispute arising under or pertaining to this Guaranty, and venue for such dispute shall be in Tarrant County, Texas. THIS GUARANTY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA (c) Costs and Expenses . Guarantor shall also pay on demand by Lender all costs and expenses, including, without limitation, all reasonable attorneys fees, incurred by Lender in connection with the enforcement or collection of this Guaranty and with the collection or sale of any collateral securing this Guaranty. This covenant shall survive the payment of the Indebtedness. (d) Notice . All notices required to be given by either party to the other under this Guaranty shall be in writing and, except for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in INDIA mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown below or to such other addresses as either party may designate to the other in writing. All revocation notices by Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section titled “DURATION OF GUARANTY.” For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor’s current address. In the event that Guarantor is entitled to receive any notice under the Uniform Commercial Code, as it exists in the state governing any such notice, of the sale or other disposition of any collateral securing all or any part of the Indebtedness or this Guaranty, reasonable notice shall be deemed given when such notice is given pursuant to the terms of this Subsection ten (10) days prior to the date any public sale, or after which any private sale, of any such collateral is to be held. (e) Interpretation . In all cases where there is more than one Borrower, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty, the word “Borrower” shall mean all and any one or more of them. This Guaranty is for the benefit of Lender, its successors and assigns. This Guaranty is binding upon Guarantor and Guarantors’s heirs, executors, administrators, personal representatives, and successors. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations, limited liability companies, or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, managers, members, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. (f) Waiver . Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender, and then only in the specific instance and for the purpose given. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender’s right to thereafter demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender’s rights or of any of Guarantor’s obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required, and in all cases such consent may be granted or withheld in the sole discretion of Lender. 9. NOTICE OF FINAL AGREEMENT. (a) In connection with the Indebtedness, Borrower, Guarantor, and Lender have executed and delivered the Loan Agreement and the Loan Documents (collectively the “ Written Loan Agreement ”). (b) It is the intention of Borrower, Guarantor, and Lender that this paragraph be incorporated by reference into each of the Loan Documents. Guarantor and Lender each warrant and represent that their entire agreement with respect to the Indebtedness is contained within the Written Loan Agreement, and that no agreements or promises have been made by, or exist by or among, Borrower, Guarantor, and Lender that are not reflected in the Written Loan Agreement. (c) THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR’S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED “DURATION OF GUARANTY”. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. Signed effective the date stated above. GUARANTOR: Guarantor’s address: ____________________, L.L.P. By:
- Transfer of Stock Certificate
Form ‘F’ [See paragraph 16] TRANSFER OF STOCK CERTIFICATES I/We* …………………………. (transferor/s) do hereby assign and transfer my/our* interest or share in the inscribed stock certificate number ……………..of ………… percent Government Loan of ……………. amounting to Rs. ………. being the amount /a portion of the stock for Rs. ………. as specified on the face of this instrument together with the accrued interest thereon to…………………………….……… (transferee/s), his / her / their* executors, administrators or assigns, and I/We* …….………… do freely accept the stock certificate number ………………. to the extent it has been transferred to me/us*. I/We* ………………………. (transferee/s) hereby request that on my/our* being registered as the holder/s of the stock transferred to me/us*, the above stock certificate to the extent it has been transferred to me/us* may be renewed in my/our* name (s)/converted in my/our* name(s). @I/We*………………………. (transferor/s) hereby request that on the above transferee(s) being registered as the holder/s of the stock hereby transferred to him/them*, the aforesaid stock certificate to the extent it has not been transferred to him/them* may be renewed in my/our* name (s). As witness, our hand the …………… day of …….…………… two thousand and ……………… Signed by the above-named transferor in the presence of** ……………………. ……………………………………….. Signature of transferor……………….. Address: ……………………………... ……………………………………….. Signed by the above-named transferee in the presence** ………………………. ……………………………………….. Signature of transferee……………….. ……………………………………….. ………………………………………... *: Delete whichever is not applicable. @: This paragraph is to be used only when a portion of the Certificate is transferred. **: Signature, occupation and address of witness. Witness should be different for transferor and transferee. Transferred: Stock Certificate issued No/s …………………. dated …………………………….. Manager, Reserve Bank of India, ………………………….. Download Word Document In English. (Rs.10/-)



