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- In the Supreme Court of India
Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) In the Supreme Court of India, New Delhi (In exercise of jurisdiction under Article 32 of the Constitution) F.S, son of C D of village Jhita Kala, District Amritsar, at Present detained as an Akali detenu in the District Jail at Rohtak petitioner Versus (1) The State of Panjab (2) The District Magistrate, Amritsar, and (3) The superintendent, District Jail Rohtak Hon'ble Shri……….., Chief justice of India and his companion Justices of the Supreme Court of India, This humble petition of the petitioner above named under Article 32 of the Constitution of India praying a writ of habeas corpus of such other writ, direction or order as the court may deem fit direction t respondents to cause the production of the petitioner in court and directing him to be set at liberty accordance with law respectfully. Showeth: 1. That is petitioner is a respectable law-abiding citizen of India and was arrested by the Amrits (Panjab) Police on the ………..day of ………..19 ………..and is now confined as detenu under the order writ, of the second respondent in the custody of third respondent in the cause the production of the petitioner in court and direction him to be set at liberty in accordance with law respectfully. 2. That the detention of he petitioner purports to be under the preventive Detention Act, 1950. 3. That the petitioner was given the following grounds of detention under Section 7 of the preventing, Detention Act, 1950 on the ……….. day of ………..19 ………... i. On ………..you participated in the general meeting of the ………..when are solution delegator full powers to ………..to manage the affairs to the ………..was passed. You also participated in an inform meeting of the ………..workers on ………..when it was decided to hold ………..Convention on the ……….............. and the ………..of ………..19 ………..as a result of these meetings resolution sponsored by ………..has been passed by the Working Committee of the ………..on the ………..to the effect that if he ……….. MLA's of the Punjab Legislative Assembly do not voluntarily quit. The will be compelled to do so by coercive methods. ii. You have in public utterances declared yourself to be a firm believer in leadership of ………..and, according to you, he is the only person who could deliver goods the ………..community. You are of the view that in the long run ………..would also have to revert the ………...'s lead. iii. Now that a resolution making the intentions of the ……….. very clearly has been passed the unlawful methods will be adopted, it is strongly believed that in pursuance of that resolution you w commit acts prejudicial to public order. Your detention has, therefore been ordered to ensure the maintenance of public order. 4. That the petitioner was advised that his arrest and detention is illegal, malafide and capricious one……….. therefore moved the Hon'ble High Court of judicature for the state of Punjab at Simla ................... in Criminal Miscellaneous petition No ……….. of ………..under Article 226 of the India. Constitution read with Section 491 of the Criminal procedure Code praying for a writ of he be as corporation for the release of the petitioner. 5. That the said Hon'ble High Court was pleased to reject the above said petition of the petition herein by its judgment dated ……….. 6. That, in any case the petitioner with the orders of the Hon'ble High Court for the State of Punjab at Simla, and the petitioner is informed that the said ………..is separately taking steps for obtaining lea to appeal against that order of the High Court. 7. That, in any case the petitioner is advised that his continued detention on the above circumstances is in direct violation of his fundamental rights (as herein below detailed) and therefore begs to move the Hen'bIe court under Article 32 of the Constitution of India for a writ of habeas corpus or other appropriate writ order or direction directing the respondents to release the petitioner forthwith on the following amongst other. Grounds i. For that none of the grounds mentioned in para 3 above has any proximate connection or vacancy to the maintenance of public order. ii. For that it is an abuse of the process granted to the Executive under the Preventive Detention Act………..to detain the petitioner for joining in any procession or making of any speeches as alleged in Supreme Court-paragraphs (i) and (ii) of para 3 above Such use of the Act is mala fide. iii. For that similarly the use of the use of the said Act for a the detention of the petitioner in respect of the alleged activities of the petitioner as mentioned on sub-paragraphs (i) and (iii)of para 3 above is mala fide. iv. For that the Resolution of the Working Committee dated ………..is unobjectionable………..has been released form custody on the ground that provisions of law under which he was being prosecuted, viz., Section 124-Aand Section 153-A, I.P.C., etc., have been held to be ultra vires the countenanced and accepted as correct by the High Court,in its judgment referred to above falls to ground. v. For that the leaned judges of the High Court erred in taking into consideration the speech made by………..and linking the same with the Resolution of the Working Committee. vi. For that it is not proper to hold that any alleged past activities of the appellant not resulting in any disturbance of public order then, could form the basis of an assumption regarding the likelihood of an imminent danger of the breach of peace now at this distance of time; nor could the passing of the resolution of the Working Committee dated ………..bring about a charge in conditions as alleged with the consequential apprehended disturbance of public tranquility was not even a member of the said working Committee. vii. For that the satisfaction of the learned District Magistrate was not based on such materials or rounds which could reasonably form the basis of an order of detention such as the one passed in this case. It is a camouflage to state that the allegations contained in the said grounds were such as were likely to be prejudicial to the maintenance of public order. viii. For the detention of the petitioner is not in accordance with procedure established by law. ix. For that the preventive Detention Act, ………..is ultra vires the constitution inter alia for the following reasons: a) It offends against the provisions of Article 19(1 )(a) of the Constitution inasmuch as it proceeds to indirectly what it could not do indirectly in the matter of unjustifiably restriction the freedom of speech expression, vide grounds in sub-paragraphs (i) and (ii). b) It offends similarly against the provisions of Article 19 (1) (b) of the Constitution, inasmuch as it operates unreasonably on peaceable assembly without arm vide ground mentioned on sub paragraph (ii) of para 3 above. c) If offends similarly against the provisions of Article 19 (1) (c) of the constitution, vide grounds mentioned on sub-paragraph (i) and (ii) of para 3 above. d) Section 3 of the said Act. Is contrary to procedure established by law. The subjective suggestion provided for in the section is ultra vires the Constitution. e) Section 7 of the said Act, provides for representation to the State Government itself which repugnant to fundamental principle of law that no man can be judge in his own cause. x. For that the extension dated ………..of the detention order is ultra vires and illegal. Further grounds in respect of the extension of detention order have been supplied to the petitioner. xi. For that the detention order itself mentions "That security of State and the maintenance of pub order," the grounds supplied relate only to maintenance of public order. The said detention order is itself either vague and inoperative or illegal. xii. For that the decision in Gopalan;s case does not form appropriate precedent in this matter as was given I a different factual context. For the same reason Machindar's case is not so binding a further the purpose therein was different and the Constitution did not operate thereon. xiii. For that the decision in Gopalan's case loses much of its validity and operation as precedent there were compelling reasons given by different judges which almost neutralize each other leaving the field clear. xiv. For that in Gopalan's case, reference was made to due process of law, the Draft Committee Report, the Debates', etc. such maters could not be referred to. Personal liberty has always be understood to include freedom of speech and right of association and peaceable assembly. Constitution are interpreted in a manner in many respects peculiar to themselves. The correct approach to t problem of interpreting Articles 19 to 21 of the Constitution has been entirely overlooked. The well-known rules of interpretation have beginner on this behalf. Even the matters of procedure the various fundamental principles which form now the basis of legislation in this behalf for generations past are easily ascertain and have been declared by the judge in India and in the privy Councils and are now well established. To say that any enactment of Parliament forms the procedure established by law is contrary to t Constitution and is not good law. 8. Your humble petitioner therefore begs to pray that your Lordships may be pleased to issue rule nisi to the Respondents directing them to produce the petitioner before this Hon'ble Court and to justice his detention in accordance with procedure established by law and that after hearing the parties, your Lordships may be pleased to issue a writ of habeas corpus or other appropriate writ or direction to s the petitioner at liberty. For which favour this humble petitioner shall ever pray. Delhi ……….. Advocate Dated ……….. Supreme Court Settled by Senior Advocate, Supreme Court.
- SUIT TO SET ASIDE TRANSFER OF IMMOVABLE PROP
Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) SUIT TO SET ASIDE TRANSFER OF IMMOVABLE PROP. OF RELIGIOUS OR CHARITABLE ENDOWMENT Nature of grievance: Suit to set aside a transfer to immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration: Where a Property, comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, is transferred by the Manager for a valuable consideration, the said transfer may be set aside, when the transfer becomes known to the plaintiff, by filing a Suit under Article 94, within 12 years, from the date of knowledge of the Plaintiff of such transfer. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a) The Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the rights of the Plaintiff is frustrated); b) The Hon’ble Court be pleased to declare that Plaintiffs are entitled to the Suit property to the extent of the interest (which is asserted and claimed in the Suit); c) That the defendant be ordered and decreed to handover vacant and peaceful possession of the Suit property, specified in the schedule hereunto annexed at Exhibit ___ to the Plaint; d) The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff. e) The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs in respect of Suits involving Immovable property: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – f) This Hon’ble Court by its Order and Injunction be pleased to restrain the Defendant, her servants, agents or anybody acting through Defendant from dealing with, disposing off, alienating, encumbering, parting with possession or creating third party rights, of any nature whatsoever, in respect of the suit property, more particularly described in the Schedule of properties being Exhibit “___” hereto. g) That pending the hearing and final disposal of the above suit, that this Hon’ble Court be pleased to appoint Court Receiver, High Court, ______ or some other fit and proper person as Receiver in respect of the suit properties as more particularly described in the Schedule of properties being Exhibit “__” hereto with all the powers under Order 40 Rule 1 of the Code of Civil Procedure, including the power to sell the suit property. h) That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, so as to carry out local investigation of the Suit property described in the Schedule of properties being Exhibit “__” hereto, (for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits (as may be applicable), with all the powers under of the Code of Civil Procedure, and file Report before this Hon’ble Court; i) Interim/ad-interim reliefs in terms of prayer clauses ____ as aforesaid. j) Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1. The facts showing that the Suit property is a Property, comprised in a Hindu, Muslim or Buddhist religious or charitable endowment: 2. The facts showing that the Suit property was transferred by the Manager of the concerned Hindu, Muslim or Buddhist religious or charitable endowment: 3. The facts showing that the Suit property was transferred for a valuable consideration: 4. The facts showing that the said transfer was otherwise illegal and was against the interest of the said Hindu, Muslim or Buddhist religious or charitable endowment: So as to claim Relief in the nature of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the Suit property, or to prevent dispossession of the plaintiff, or otherwise to prevent causing injury to the plaintiff in relation to the Suit property, and to seek appointment of the Receiver upon the Suit property, the applicable facts must be shown to exist, that is – 5. Facts and circumstances showing that the (i) Suit property is in danger of being wasted, damaged or alienated by the Defendant; or that (ii) the Suit property is wrongfully being sold in execution of a decree; or that (iii) the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or that (iv) the defendant threatens to dispossess the plaintiff or (v) the defendant otherwise would cause injury to the plaintiff in relation to the Suit property. [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. If an interim Relief is asked for the appointment of Court Commissioner, to hold a scientific, technical, or expert investigation; or to conduct sale of property, etc. then facts showing that such investigation, etc. is just and necessary for the complete disposal of the Suit.
- SUIT FOR MONEY PAID FOR THE DEFENDANT
Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) SUIT FOR MONEY PAID FOR THE DEFENDANT Nature of grievance: Suit for money payable to the plaintiff for money paid for the defendant: Where a person A, lawfully pays debt of another person B, to the person C – A Suit may be filed for the recovery of said money from B, within 3 years from the date when the said money was paid to C, under Article 23 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a) The Defendant No.1 be ordered and decreed to pay Rs.______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b) The Defendant No.1 be further ordered and decreed to pay interest on the Suit amount, @18% from the date of filing of Suit, till date of judgment; and further interest @18 / 12 / 6 % from the date of judgment till payment; c) The Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the rights of the Plaintiff may be frustrated); (as may be applicable to the facts of the case) (Please see the Note below) d) The Defendant No.1 be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff; (as may be applicable to the facts of the case) (Please see the Note below) e) The Defendant No.1 be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; (as may be applicable to the facts of the case) (Please see the Note below) Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – f) The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, issue a warrant to arrest the defendant No.1 and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the case) g) The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendant No.1 to either (i) furnish security to produce any property belonging to him and to place the same at the disposal of the Court or (ii) order the attachment of his property, or, (iii) furnish the bank guarantee for the Suit amount or (iv) deposit the Suit amount in the Court; h) Interim/ad-interim reliefs in terms of prayer clauses _______ as aforesaid. i) Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Note: In Summary Suits, the Reliefs could only be in the nature of Money, i.e. the Principal sum and the interest, if any claimed, and no declaration or injunction of any nature could be asked for. In Summary Suits, even unliquidated compensation or damages cannot be claimed. However, if other Reliefs are also required to be sought, then, preferably, a leave of the Court under O.2 R.2 may be obtained to file a separate Suit for other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are not maintainable in every District Court, in such cases, a comprehensive Suit for all the Reliefs may be filed. Also, please take note of this whilst making averments in the body of Plaint. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] 1. The facts showing that there existed a lawful debt, to be paid by Defendant No.1 to Defendant No.2: 2. The facts showing that Plaintiffs lawfully pays the said debt of Defendant No.1, to Defendant No.2: In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to cause him to furnish security for his appearance, pending the disposal of the Suit”, any one of the facts must be shown to have exist – 1. Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has absconded or left the local limits of the jurisdiction of the Court: or 2. Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to abscond or leave the local limits of the jurisdiction of the Court: or 3. Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof: or 4. Facts and circumstances showing that, with intent to delay the plaintiffs, or to avoid any process of the Court or to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to leave India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree which may be passed against the defendant in the suit: In Money Claim Suits, to claim interim relief of “directing the Defendant to furnish security for certain sum of money, either by furnishing the bank guarantee or by depositing the said sum of money in the Court”, or to effect the conditional attachment of his immovable property, pending the disposal of the Suit”, any one of the facts must be shown to have existed. 1. Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to dispose of the whole or any part of his property: or 2. Facts and circumstances showing that, with intent to obstruct or delay the execution of any decree which may be passed against him, the defendant is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court: or 3. Facts and circumstances showing that the Defendants have admittedly committed default in making payment of debt; and the Defendants have not even bothered to respond to the legal notice of demands being issued by the Plaintiffs; and the Defendants have prima facie no defense to the demand made by the Plaintiffs; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. or 4. Facts and circumstances showing that the Defendant has become incommunicable, i.e. he is not available at the place where he regularly carries on business; and he doesn’t answers the phone calls, nor the Defendant makes any reply to the Notices which are being sent; and therefore there is a reasonable apprehension that the Defendant may dispose of the whole or any part of his property, to the serious prejudice of the Plaintiffs and other creditors of the Defendants: or 5. Facts and circumstances showing that the Defendant in their letters and emails, in unambiguous terms have admitted the claim of the Plaintiffs; and / or the Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have stated that the Defendant is facing severe financial crunch; and therefore there is a reasonable apprehension that the Defendant may alienate, encumber, dispose or create third party rights in respect of their immovable properties, to the serious prejudice of the Plaintiffs and other creditors of the Defendant; and there may not be other properties which could have been made available for the purposes of satisfying the decree, if any, passed against the Defendants; and if the claim of the Plaintiffs is not secured by passing appropriate order against the Defendants, there would be a paper decree in the hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be recovered. [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous.
- Fraudulently Procuring Credit to be given to another Person
Fraudulently Procuring Credit to be given to another Person In the Court of ...................................... KK………….. ………………………….. resi…………. ...................... Plaintiff against GM………………………………………Resi…………………………………….Defendant KK., the above-named plaintiff, states as follows: 1. On the……..... day of……..... / ….... , the defendant represented to the plaintiff that KM………………..….. was solvent and in good credit, and worth ……………………....... Rupees over all his liabilities [or that….. KM…. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit]. 2. The plaintiff was thereby induced to sell to KM…………….. (WHEAT) of the value of ..................... Rupees [on……….. months credit]. 3. The said representations were false and were then known by the defendant to be so, arid were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff]. 4. KM……... [did not pay for the said goods at the expiration of the credit aforesaid, [or] has not paid for the said rice, and the plaintiff has wholly lost the same. [i. Facts showing when the cause of action arose and that the Court has jurisdiction. ] ii. The value of the subject-matter of the suit for the purpose of jurisdiction is .....................rupees and for the purpose of Court-fees is ................Rupees., and Relief claimed.] Dated : Plaintiff Through, Advocate Verification: I, _________________________________, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at BARAMATI t his ______. Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Format of Application for Witness
SUIT FOR SPECIFIC PERFORMANCE Format of Application for Witness . IN THE COURT OF ________________ __________ VS. ____________ Application for summoning the witnesses and Permission to deposit the expenses of Witnesses. Sir, The applicant/plaintiff respectfully submits as under: – 1- That the above noted petition is pending in this hon’ble court and is fixed for ___________. The applicant wants to summon the following witnesses for the date fixed: – (i) _________________________ with the relevant record of cash order /pay order dated _____________ vide No. ___________ Branch Code _________ (ii) _____________________ with the record of Register of attestation of affidavits dated _______ of Shri __________ Son of Shri ___________, resident of ___________________ (iii) Record keeper of record room lower court with the record of case No. ______ of ____________ Year titled as “ _____________ VERSUS ____________ ” decided on ______________ which was decided by Shri _____________________. (iv) Shri _______________, Advocate, ________________. Prayer: It is, therefore, prayed that the above mentioned witnesses may kindly be summoned for the date fixed and the applicant/plaintiff may kindly be allowed to deposit the expenses of the witnesses before this hon’ble court. Dated _______ APPLICANT /PLAINTIFF Through counsel: ________________, Advocate, ___________________ Download Word Document In English. (Rs.20/-)
- Against a Builder for Defective Workmanship
Against a Builder for Defective Workmanship In the Court of ...................................... KK. (add description and residence) ...................... Plaintiff Against GM……………………………………… Resi………. .................... Defendant KK…………………………………………………………….., the above-named plaintiff, states as follows:- 1. On the ........................... day of................... …..... , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed, [or State the tenor of the contract.] 2. The plaintiff duly performed all the conditions of the agreement on his part.] 3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike manner], [i. Facts showing when the cause of action arose and that the Court has jurisdiction. ] ii. The value of the subject-matter of the suit for the purpose of jurisdiction is ................rupees and for the purpose of court-fees is ............................................rupees., and Relief claimed.] Dated : Plaintiff Through, Advocate Verification: I, .................................................., do hereby verify that the contents from paras 1 to ________________________.__ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at………………………. this ______. Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- APPLICATION U S 94 Cr. P. C
APPLICATION U/S 94 Cr. P. C. (Search of a particular place where stolen property are supposed to have been kept). In the Court of Sh............................. MM............................. Case No............................ of 2002 PS............................ u/s 379 IPC Complainant................................................................... versus Accused.......................................................................... S/o............................. S/o............................. R/o............................. R/o............................. Date of Hearing Most respectfully showeth: - 1. That complainant initiated case against the accused person (s) for theft of articles from the house and this Hon’ble Court was pleased to issue a warrant against the accused person(s). 2. That accused person(s) was/were a domestic servant or was/were working in the workshop of petitioner and taking advantage of the absence of complainant and his family decamped with ornament box, case worth Rs.............................. Theaccused person(s) has/have not produced the articles so far nor the articles could be found from the place of arrest. 3. That complainant comes to know on enquiry that the accused and his accomplice conspired and to meet in the house/place of Shri............................ R/o............................ who is a ill-fame and Dada of the area and it is believed that if a search is conducted it will lead to recovery of the articles so stolen. PRAYER It is most humbly prayed that a search order of warrant be issued directing police to search the aforesaid house of............................ for the recovery of the stolen articles/property that may be found. For which act of kindness the humble petitioner shall ever remain pray/ thankful to the Hon’ble Court. Applicant Date Through Counsel Place Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- Petition under Guardians and Wards Act, 1890
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Petition under Guardians and Wards Act, 1890 In the Court of ……………Judge at …………… Guardianship Case No …………… of …………… In the matter of AS, a minor CD (add description and address) Petitioner Versus (1) EF (add description and residence) (2) GH (add description and residence) Respondents Petition under Section 10 of the Guardians and Wards Act, 1890, for appointment of a guardian of the said minor The petitioner states as under: 1. That AB above named is the son of P Q who was............ (add description) and was residing at ………… 2. That PQ died on ………… at …………. 3. That AB is a minor, having been on ………… He is now approximately …………years of age. 4. that the said AB is residing with ………… Who is related to him as ………… 5. That the said AB is entitled in his own right to several assets and properties, to wit- (i) ……………. (ii) ……………. (iii) ……………. 6. That the said AB is governed by Hindu Law. 7. that the order relations of the said minor now living are: (i) (add ships) address, description and relation (ii) (add address, description and relationships) (iii) (add address, description and relationships) 8. That no guardian of the person or property of the said minor has been appointed either by will of the said PQ or by court. That Shri ……….. of ………..was appointed by will of P Q as guardian of the person and property of the said minor, but the said Shri ………..died on ………..at ……….. Or That Shri ……….. of………..was appointed by will of P Q as guardian of the person and property of the said minor, but the said Shri ………..died on ………..at. ……….. Or The Shri……….. of ………..elder brother of the said minor appointed Shri ………..of as………..the guardian of the said, minor, but the said appointment is invalid and of no effect under the law to law which the minor is Subject. 9. That L.M. the person proposed as guardian is a land-owner. He is the nearest male relation of the said minor, is married and has ………..children and resides with his family at. He is in good circumstances, having an income of about Rs ……….. a year, and of good character and repudiation and of good business habits and a proper person to be appointed guardian of the person and property of the said minor. 10. That items Nos. (i) of para 5 above are in bad state of repair, and unless they are at once repaired, will seriously deteriorate I value, and it is in the interest of he miner that a sum of about Rs ……….. should be at once expended for this purpose. Or The mortgagees of items (i) and (ii) of para 5 above threaten to take proceedings to realize their security; and in such case it is apprehended that the property will not realize its full value. Or 11. That the present environment on which the said minor is being brought up is not conducive to his proper education and development of good character. 12. It is in the interest of the minor that a fit and proper person be appointed as guardian of the person and properties of minor. 13. It is therefore prayed that - i. The said L M or some other fit and proper person may be appointed the guardian of the person and property 0 the said minor; ii. That security to be given by the appointed guardian may be fixed at………..and ………..Shri………..may be accepted as sureties of the said LM; iii. That a sum of Rs ………..A month may be fixed for the maintenance and education of the minor; iv. That a sum of Rs ………..a month may be allowed to the said guardian as his remuneration n respect of the collection of the rents of the immovable properties of the minor; v. That the said guardian may be at liberty out of the income of said minor to expend the sum of Rs ……….. in his thread-wearing ceremony; vi. That the said guardian may be at liberty to invest any balance of the net income of the minor, after payment of the said sums and the costs of the application in ……….. ; vii. That the said guardian may be at liberty to raise the sum of Rs ………..by a mortgage of items (i) and (ii) of the said properties mentioned on pare 5 above at the rate of Rs………..per cent per annum as interest and to apply the said sum for payment of the mortgage mentioned in para 10 above; viii. That the costs of this petition may be directed to be paid (or deducted) out of the income of the said minor; And such other direction as the court may deem fit be given in this behalf. Verification ……….. CD Petitioner Place ……….. Advocate Date ……….. for the petitioner.
- Presuming a hypothetical case now let us draft on petition for revision
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-) Presuming a hypothetical case now let us draft on petition for revision. In the High Court of judicature al Allahabad civil Revision No. ………….. Name and particulars …………..………….. petition/plaintiff Vs Name and particulars …………..………….. Respondent/Defendant Civil Revision petition under sec.115 C.P.C. against the impugned order dt. …………….assed by shri ……………. civil judge sr. Division …………….when by the application of dismissed, for setting aside the impugned order and for allowing the aforesaid application of the petitioner and for acceptance of revision petition. The grounds of revision petition are submitted as under: - 1) That briefly stating the facts of the case are that present petitioner has filed a suit for …………….against the respondent! defendant before the Hon'ble trial court on the basis of The defendant, on his appearance has filed written statement wherein he has denied the facts. When the suit was fixed for framing of issues before the Id. Trial court the it revealed to plaintiff and plaintiff wants to file an application the plaintiff applied but the Id. Trial court disallowed the application vide impugned order dt- against the petition against which the present revision petition is being filed. 2) That the impugned order is wholly wrong, unjust against law, against facts and the same deserves to be set aside. 3) On the perusal of the aforesaid facts, it is clear that the plaintiff did not act any malafide manner. 4) That the learned trial court has erred in not judiciously and properly appreciating the controversy involved in the case and thereby it has caused grave miscarriage of justice with the petitioner. 5) That the Id. Trial court has erred on ignoring the settled principles of law with regard to and which are enunciated repeatedly by this Hon'ble court as well as Hon'ble Apex court in various judgments that the law is very liberal. It has been repeatedly held that pleadings in the trial courts are to be liberally interpreted. 6) The application was filed without any inordinate delay and the evidence of the parties was not yet started. Thus the stage of the suit is not belated one. 7) That in the wake of above narrated facts and circumstances, the impugned order passed by Id. Trial court denseness to be set aside. 8) That the present petition is being filed within limitation and is properly stamped. It is therefore most respectfully prayed that impugned order dt …………….passed by shri …………….Civil Judge Sr. Division …………….may kindly be set aside and the application of the plaintiff may kindly be allowed and the revision petition may kindly be accepted. Dated : ……………. Counsel for the petition Place ……………. _______ FORM OF APPEAL In the High Court …………….……………. Civil Appeal No. …………….……………. Particulars of party's ……………. Appellant/Defendant V Particulars of party's ……………. Respondent/plaintiff Appeal under sec. 96 C.P.C. against the impugned judgment and decree dt. …………. passed by …………. civil judge vide which the suit of the plaintiff has been decreed with costs, for setting aside the impugned judgment and decree and for dismissal of the suit of the plaintiff and for allowing the present appeal with costs. The grounds of appeal are submitted as under: 1) That the impugned judgment and decree dt. Passed by shri …………. civil judge is wrong, illegal, against the law and thus, the same are liable to be set aside. Certified copies of judgment and decree are attached herewith. 2) That the impugned judgment and decree are wholly arbitrary, unjust, lacking reasoning and are based on surmises and conjectures. 3) That the learned trial court has not properly appreciated the evidence and material available on record. It has erred in passing the impugned judgment and decree against the appellant by wholly misreading the evidence of the plaintiff which is going to· a material prejudice to the appellant. 4) that the learned trial court as erred in deciding issue No. 1 against the appellant That the learned trial court did not consider the martial contradictions in the statement of the plaintiff and the impugned document which makes their statements unreliable. 5) That the Id. Trial court has erred in decreeing the suit of the plaintiff against the defendant. The findings rendered by Id. Trial court under issues No. 122 deserve to e reversed and to be decided on favour often appellant. 6) That the present appeal is being filed within limitation and properly stamped. It is therefore, respectfully prayed that the impugned judgment and decree dt. ………….passed by shri ………….civil judge in civil suit no. ………….of ………….may kindly be set aside and the suit of the plaintiff may kindly be dismissed and the present appeal may kindly be allowed with costs. Dated: sd/- Place: Counsel for the Appellant Hon'ble Shri. …………. Chief justice of India and his companion Justices of the Supreme Court of India. This humble petition of the petitioner above named under Article 32 of the Constitution of India praying for a writ of habeas corpus of such other writ, direction or order as the court may deem fit direction the respondents to cause the production of the petitioner in court and directing him to be set at liberty in accordance with law respectfully. Showeth: 9) That is petitioner is a respectable law-abiding citizen of India and was arrested by the Amritsar (Panjab) Police on the ………….day of ………….19 ………….and is now confined as detenu under the order writ, of the second respondent in the custody of third respondent in the cause the production of the petitioner in court and direction him to be set at liberty in accordance with law respectfully. 10) That the detention of he petitioner purports to be under the preventive Detention Act, 1950. 11) That the petitioner was given the following grounds of detention under Section 7 of the preventive Detention Act, 1950 on the ………….day of ………….19 ………….. i. on ………….you participated in the general meeting of the ………….when a resolution delegating full powers to …………. to manage the affairs to the …………. was passed. You also participated in an informal meeting of the workers on …………. when it was decided to hold …………. Convention on the ............ and the …………. of…………. 19 ………….as a result of these meetings resolution, sponsored by has been passed by the Working Committee of the ………….on the …………. to the effect that if he ………….MLA's of the Punjab Legislative Assembly do not voluntarily quit.…………. they will be compelled to do so by coercive methods. ii. You have in public utterances declared yourself to be a firm believer in leadership of…………. and, according to you, he is the only person who could deliver goods to the …………. community. You are of the view that in the long run …………. would also have to revert to …………. the …………. 's lead. iii. Now that a resolution making the intentions of the …………. very clearly has been passed that unlawful methods will be adopted, it is strongly believed that in pursuance of that resolution you will commit acts prejudicial to public order. Your detention has, therefore been ordered to ensure the maintenance of public order. 12) That the petitioner was advised that his arrest and detention is illegal, mala fide and capricious one ………….therefore moved the Hon'ble High Court of judicature for the state of Punjab at Simla on ................... in Criminal Miscellaneous petition No ………….of …………. under Article 226 of the India. Constitution read with Section 491 of the Criminal procedure Code praying for a writ of hebeas corpus for the release of the petitioner. 13) That the said Hon'ble High Court was pleased to reject the above said petition of the petitioner herein by its judgment dated …………. 14) That, in any case the petitioner with the orders of the Hon'ble High Court for the State of Punjab at Simla, and the petitioner is informed that the said ………….is separately taking steps for obtaining leave to appeal against that order of the High Court. 15) That, in any case the petitioner is advised that his continued detention on the above circumstances is in direct violation of his fundamental rights (as herein below detailed) and therefore begs to move this Hon'ble court under Article 32 of the Constitution of India for a writ of habeas corpus or other appropriate writ order or direction directing the respondents to release the petitioner forthwith on the following amongst other. Grounds (xv) For that none of the grounds mentioned in para 3 above has any proximate connection or relevancy to the maintenance of public order. (xvi) For that it is an abuse of the process granted to the Executive under the Preventive Detention Act………….to detain the petitioner for joining in any procession or making of any speeches as alleged in Supreme Court-paragraphs (i) and (ii) of para 3 above Such use of the Act is mala fide. (xvii) For that similarly the use of the use of the said Act for a the detention of the petitioner in respect of the alleged activities of the petitioner as mentioned on sub-paragraphs (i) and (ii) of para 3 above is mala fide. (xviii) For that the Resolution of the Working Committee dated …………. is unobjectionable Has been released form custody on the ground that provisions of law under which he was being prosecuted, viz., Section 124-A and Section 153-A, I.P.C., etc., have been held to be ultra vires the Countenanced and accepted as correct by the High Court, in its judgment referred to above falls to ground. (xix) For that the leaned judges of the High Court erred in taking into consideration the speech made by…………. and linking the same with the Resolution of the Working Committee. (xx) For that it is not proper to hold that any alleged past activities of the appellant not resulting in any disturbance of public order then, could form the basis of an assumption regarding the likelihood of an imminent danger of the breach of peace now, at this distance of time; nor could the passing of the Resolution of the Working Committee dated bring about a charge in conditions as alleged with the consequential apprehended disturbance of public tranquility was not even a member of the said Working Committee. (xxi) For that the satisfaction of the learned District Magistrate was not based on such materials or grounds which could reasonably form the basis of an order of detention such as the one passed in this case. It is a camouflage to state that the allegations contained in the said grounds were such as were likely to be prejudicial to the maintenance of public order. (xxii) For the detention of the petitioner is not in accordance with procedure established by law. (xxiii) For that the preventive Detention Act, …… is ultra vires the constitution inter alia for the following reasons : f. It offends against the provisions of Article 19(1 )(a) of the Constitution inasmuch as it proceeds to do indirectly what it could not do directly in the matter of unjustifiably restriction the freedom of speech ad expression, vide grounds in sub-paragraphs (i) and (ii). g. It offends similarly against the provisions of Article 19 (1) (b) of the Constitution, inasmuch as it operates unreasonably on peaceable assembly without arm vide ground mentioned on sub paragraph (ii) of para 3 above. h. If offends similarly against the provisions of Article 19 (1) (c) of the constitution, vide grounds mentioned on sub-paragraph (i) and (ii) of para 3 above. i. Section 3 of the said Act. Is contrary to procedure established by law. The subjective suggestion provided for in the section is ultra vires the Constitution,. j. Section 7 of the said Act, provides for representation to the State Gover~ment itself which is repugnant to fundamental principle of law that no man can be judge in his own cause. (xxiv) For that the extension dated ………….of the detention order is ultra vires and illegal. Further no grounds in respect of the extension of detention order have been supplied to the petitioner. (xxv) For that the detention order itself mentions "That security of State and the maintenance of public order," the grounds supplied relate only to maintenance of public order. The said detention order is in itself either vague and inoperative or illegal. (xxvi) For that the decision in Gopalan;s case does not form appropriate precedent in this matter as it was given I a different factual context. For the same reason Machindar's case is not so binding and further the purpose therein was different and the Constitution did not operate thereon. (xxvii) For that the decision in Gopalan's case loses much of its validity and operation as precedent as there were compelling reasons given by different judges which almost neutralize each other leaving the field clear. (xxviii) For that in Gopalan's case, reference was made to due process of law, the Draft Committee's Report, the Debates', etc. such maters could not be referred to. Personal liberty has always been understood to include freedom of speech and right of association and peaceable assembly. Constitutions are interpreted in a manner in many respects peculiar to themselves. The correct approach to the problem of interpreting Articles 19 to 21 of the Constitution has been entirely overlooked. The well-known rules of interpretation have beginner on this behalf. Even the matters of procedure the various fundamental principles which form now the basis of legislation in this behalf for generations past are easily ascertainable and have been declared by the judge in India and in the privy- Councils and are now well established. To say that any enactment of Parliament forms the procedure established by law is contrary to the Constitution and is not good law. 16) your humble petitioner therefore begs to pray that your Lordships may be pleased to issue rule nisi to the Respondents directing them to produce the petitioner before this Hon'ble Court and to justify, his detention in accordance with procedure established by law and that after hearing the parties, your Lordships may be pleased to issue a writ of habeas corpus or other appropriate writ or direction to set the petitioner at liberty. For which favour this humble petitioner shall ever pray. Delhi …………. Advocate Dated …………. Supreme Court Settled by Senior Advocate, Supreme Court.
- SUMMONS TO AN ACCUSED PERSON
THE SECOND SCHEDULE ( See Section 476) FORM NO. 1 SUMMONS TO AN ACCUSED PERSON ( See Section 61) To, (name of accused) of (address). Whereas your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of......................., on the................................... day of...................................., Herein fail not. Dated, this..........................day of..................... 20......................... (Signature) (Seal of the Court) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- SUIT FOR SPECIFIC MOVABLE PROPERTY LOST OR ACQUIRED BY THEFT OR MISAPPROPRIATION ETC
Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) SUIT FOR SPECIFIC MOVABLE PROPERTY LOST OR ACQUIRED BY THEFT OR MISAPPROPRIATION ETC. Nature of grievance: Suit for specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion: Suit for compensation for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion: Where any specific movable property is lost or stolen, and afterwards it was learnt that any person is in the possession of the said specific movable property, but where the said person unlawfully refuses to deliver the said property, or where the concerned person dishonestly misappropriate or converts the said property – A Suit may be filed for the possession of said specific movable property, within 3 years from the date when the person entitled to the possession of the said property, for the first time learnt that in whose possession the concerned property is, under Article 68 of the Indian Limitation Act, 1963; or A Suit may be filed for the compensation, within 3 years from the date when the person entitled to the possession of the said property, for the first time learnt that in whose possession the concerned property is, under Article 91(a) of the Indian Limitation Act, 1963. Suit for compensation for wrongfully taking or injuring or wrongfully detaining any other specific movable property: Where any person, unlawfully, detains any specific movable property, or unlawfully causes injury to a specific movable property, or unlawfully takes any specific movable property – A Suit may be filed for compensation, within 3 years from the date, when the property concerned was unlawfully taken or injured or when the possession of the detainer becomes unlawful, under Article 91(b) of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a) The Defendant be ordered and decreed to handover possession of Suit property; b) The Defendant be ordered and decreed to pay Rs.______, being the compensation, as per the particulars of Claim, annexed to the Plaint at Exhibit “______”; c) That the Defendant be further ordered and decreed to pay interest on the Suit amount, @12% from the date of filing of Suit, till date of judgment; and further interest @6% from the date of judgment till payment. d) The Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the rights of the Plaintiff is frustrated); e) The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff. f) The Defendants be ordered and decreed to pay mesne profits from the date occupation of the Suit property till the date of institution of the Suit; g) The Defendants be further ordered and decreed to pay mesne profits from the date of institution of the Suit till the handing over of the possession of the Suit property; h) The Defendants be ordered and decreed by way of Mandatory Injunction to __________ “perform certain acts”; Interim and Ad-Interim Reliefs pending the hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the ends of justice from being defeated, be pleased – i) This Hon’ble Court by its Order and Injunction be pleased to restrain the Defendant, their servants, agents or anybody acting through Defendant from dealing with, disposing off, alienating, encumbering, parting with possession or creating third party rights, of any nature whatsoever, in respect of the suit property, more particularly described in the Schedule of properties being Exhibit “___” hereto. j) That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, so as to carry out local investigation of the Suit property described in the Schedule of properties being Exhibit “__” hereto, (for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits (as may be applicable), with all the powers under of the Code of Civil Procedure, and file Report before this Hon’ble Court; k) That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of powers u/s 75 and O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a scientific, technical, or expert investigation; or to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; or to perform any other ministerial act. a) The Defendants be ordered and decreed to pay mesne profits from the date of the institution of the Suit, until the delivery of possession of the Suit property, and for that purpose, the Hon’ble Court be pleased to appoint Court Commissioner or any other fit person, to inquire about the mesne profits which the defendants might have received by and from the use of the Suit property, from the date of the institution of the Suit until delivery of possession of the Suit property; and after inquiry being concluded, be pleased to order and decree the defendants to deposit the accrued amount in the Court; with the further direction to deposit mesne profits for every month, from the date of the decree in respect of mesne profits till the delivery of possession of Suit property, l) That pending the hearing and final disposal of the above suit, the Hon’ble Court be pleased to appoint Court Commissioner or any other fit person, to inquire about the mesne profits which the defendants might have received by and from the use of the Suit property, from the date of the occupation of the Suit property, till the date of institution of the Suit; and after inquiry being concluded, be pleased to order and decree the defendants to deposit the said accrued amount in the Court; with the further direction to deposit mesne profits for every month, from the date of the institution of the Suit, till the date of the decree, with such escalation in mesne profits as the Suit property might fetch in the ordinary course; m) Interim/ad-interim reliefs in terms of prayer clauses ______ as aforesaid. n) Such further and other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case as may be necessary. Material facts of the case: The Plaintiffs, most respectfully submit that, having regard to the nature of reliefs prayed for in this Suit, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Plaintiffs the judgment in their favour. The chronology / chain of events, which has led to the present situation, and has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court. [In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.] As may be applicable to the facts of the case 1. The facts showing that the Plaintiff is entitled for a specific movable property, valuable or otherwise: 2. The facts showing that the said movable property was lost or stolen, and afterwards it was learnt that the Defendant is in the possession of the said specific movable property: 3. The facts showing that the Plaintiffs called upon the Defendants to handover the possession of said specific movable property: 4. The facts showing that the Defendants have without lawful excuse or have without any reasons, refuse to deliver the said property: 5. Or the facts showing that the Defendant have dishonestly misappropriated the said movable property or have converted the said movable property into other movable property: 6. The facts showing that the Defendants unlawfully detains the said specific movable property, 7. The facts showing that the Defendants have unlawfully caused injury to the said specific movable property: 8. Or the facts showing that the Defendants have unlawfully taken away the said specific movable property: So as to claim Relief in the nature of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the Suit property, or to prevent dispossession of the plaintiff, or otherwise to prevent causing injury to the plaintiff in relation to the Suit property, and to seek appointment of the Receiver upon the Suit property, the applicable facts must be shown to exist, that is – 9. Facts and circumstances showing that the (i) Suit property is in danger of being wasted, damaged or alienated by the Defendant; or that (ii) the Suit property is wrongfully being sold in execution of a decree; or that (iii) the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his creditors; or that (iv) the defendant threatens to dispossess the plaintiff or (v) the defendant otherwise would cause injury to the plaintiff in relation to the Suit property. [To claim any relief in the nature of declaration] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant deny such rights of the Plaintiffs; [To claim any relief in the nature of permanent injunction] The facts showing that the Plaintiff is entitled to some legal position, or to some property, or to some right of any nature whatsoever; and the facts and circumstances showing that the Defendant is doing some act by which the Defendant interferes with such rights of the Plaintiffs; [To claim any relief in the nature of mandatory injunction] The facts showing that the Defendant is under obligation under the law or under the contract, to perform certain acts, which he is neglecting to do, and the Courts can compel performance of such acts, and the performance of such acts are essential pending the final disposal of the Suit, and the failure of performance of such acts may render the Suit infructuous. If an interim Relief is asked for the appointment of Court Commissioner, to hold a scientific, technical, or expert investigation; or to conduct sale of property, etc. then facts showing that such investigation, etc. is just and necessary for the complete disposal of the Suit.
- Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction. Format of compensation Petition to be filed before Civil Judge for Accident Claims due to negligence. Claim by the victim or family or dependent. Compensation Suit against loss of life or physical disability can be filed in the Court of Civil Judge with Jurisdiction to handle the case. Petition can be filed by the victim himself, dependent or legal heir. Format of Suit for Compensation is given below: BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT _________ CIVIL SUIT NO. __________ OF 20__ IN THE MATTER OF: Mr. _________ PLAINTIFFNew Delhi VERSUS 1. Mr. ____________ DEFENDANT NO.1 2. Mr. ____________ DEFENDANT NO. 2 3. ______________ Company Ltd DEFENDANT NO. 3 POLICE STATION: _______________ SUIT FOR COMPENSATION ON ACCOUNT OF DEATH BY BUILDING COLLAPSE MOST RESPECTFULLY SHOWETH:1. Plaintiff No. 1 is house wife residing at _________________________. 2. That the husband of the Plaintiff, aged about ___ years, left this world on _____ on account of negligence by Defendant No. 1. 3. That Defendant No. 1 is the Owner of the Building, Defendant No. 2 is the Builder and Defendant No. 3 is the Insurance Company. 3. That on ______ at about ____ in the areas of _____ Plaintiff and her husband were moving on foot and going towards ___________ to make purchase of household goods. 4. That the Plaintiff and her husband reached near the house being constructed by Defendant No. 1 at ______________, the building was suddenly collapsed. Husband of the Plaintiff was buried under debris and was died. The Plaintiff also had suffered minor injuries. 5. That the Defendant No. 1 had constructed the house without any barricade to prevent passage of people through that area and kept the construction area open for movement of people. 6. That it was the duty of the Defendant No. 1 and Defendant No. 2 to cover the area and do construction with necessary preventive measures to prevent public from entering in the area. 7. That it was the duty of Defendant No. 1 and Defendant No. 2 doing construction with standard materials with strong foundation. 8. That Defendant No. 1 and Defendant No. 2 were duty bound to provide adequate protection to the passerby. 9. That the matter was immediately reported to the police and as such criminal case has also been registered against the Defendant No. 1 and Defendant No. 2. 10. That the husband of the Plaintiff has lost his life due to negligence or carelessness on the part of the defendants in the aforesaid manner. 11. That the Husband of the Plaintiff was running a business of grocery shop and was earning Rs.______ per month. He had robust health. He was industrious. 12. That the husband of the Plaintiff was left behind the Plaintiff, two sons and one daughter. Plaintiff, the three school going children were wholly dependent upon the deceased. 13. That the Plaintiff put forth demand for payment of Rs. _________ but the Defendant No. 1 and his insurance Company Defendant No. 3 has refused to do so or to settle the matter. 14. That cause of action has arisen to the Plaintiff on _________ when here husband died on account of negligence or carelessness on the part of the Defendant No. 1 and Defendant No. 2 in the aforesaid manner. 15. That the Valuation of the Suit for the purpose of Court fee and Jurisdiction is Rs. ______________ and Court fee of Rs. ___________ and Court fee of Rs. ______ has been affixed. 16. That having regard to the claim of the Plaintiff and the cause of action having arisen in the area of _______ this Hon'ble Court has jurisdiction to entertain and try this Suit. 17. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Plaintiff, therefore, pray that this Hon'ble Court may pass - a) A decree for recovery of Rs. _____ in favour of the Plaintiff and against the Defendant No 1, Defendant No. 2 and Defendant No. 3 with interest @ % per annum from the date of accident upto the filing of this suit, and % per annum, from the date of decision till realization till decree amount. b) The Plaintiff be paid their cost from the defendants. c) Any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice. PLAINTIFF THROUGH______________., Advocate Place : Date : VERIFICATION I, ____________, the above named Plaintiff states on solemn affirmation that contents of Para 1 to __ of the Plaint are true and correct to the best of my knowledge and belief and those of legal averments are true and correct on the basis of legal advice received and believed to be true by me. Verified at ____ on this ______ day of _____ 20__ PLAINTIFF




