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  • SUIT BILL OF EXCHANGE OR PROMISSORY NOTE PAYABLE FIXED TIME AFTER SIGHT OR DEMAND

    Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) SUIT BILL OF EXCHANGE OR PROMISSORY NOTE PAYABLE FIXED TIME AFTER SIGHT OR DEMAND Nature of grievance: Suit on a bill of exchange or promissory-note payable at a fixed time after sight or after demand:   For the recovery of money based on a bill of exchange or promissory-note which is payable at a fixed time after sight or after demand – A Suit may be filed for the recovery of money, within three years from the date, when the fixed time after sight or demand expires, under Article 34 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     The Defendants be ordered and decreed to pay Rs.______, as per particulars of Claim, annexed to the Plaint (Exhibit “____”); b)     The Defendants 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 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; (as may be applicable to the facts of the case) (Please see the Note below) d)     The Defendants 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 – e)     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/s 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) f)      The Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908, direct the defendants 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; g)     The Hon’ble Court, in the due exercise of their 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 perform any other ministerial act; (as may be applicable to the facts of the case) (Please see the Note below) 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, pursuant to money lent, or pursuant to any other transaction, business or otherwise, the Defendants executed / accepted a Bill of exchange / Promissory Note, in favour of the Plaintiffs, which was payable at a fixed time after sight or after demand: 2.      The date when the time fixed expires, after sight or after demand: 3.      The Defendant No.___ had accepted the said Bill of Exchange: 4.      The fact that Notice of dishonour was waived by the Defendant: 5.      The fact that on a particular date, the Plaintiffs demanded money from Defendant: 6.      The fact showing that the Defendant has failed and neglected to pay the money, at the expiry of the date, which was fixed after sight or after demand: 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.

  • Application for Converting Petition under Section 482 Cr.P.C. into a Writ Petition

    Application for Converting Petition under Section 482 Cr.P.C.  into a Writ Petition IN THE HIGH COURT OF JUDICATURE AT …………………. Criminal Misc. Application No. ………………………………… of 20…. In Criminal Misc. Petition No. ………………………………………of 20…. District………………………………. A.B.. … Petitioner Versus C.D. … Respondents To, The Hon'ble Chief Justice and his other companion Judges of the aforesaid Court. The humble applicant most humbly showeth as under: 1. That the aforesaid petition, filed against the order of the Revisional Court, …………., was filed under Section 482 of the Criminal Procedure Code by mistake of the counsel for the applicant, though, in fact, only a writ petition lies against the said order . 2. That is the aforesaid circumstance it is just and necessary in the interest of justice that the Hon'ble Court may be pleased to correct the aforesaid application under Section 482 of Criminal Procedure Code into a writ petition under Article 226 of the Constitution of India.  The requisite amount of the court fees is being filed along with this application. PRAYER It is, therefore, most respectfully prayed that the Hon'ble Court may be pleased to convent the present application under Section 482 Cr.P.C. into writ petition under Article 226 of the Constitution of India and may also be pleased to pass such other and further order as it deems fit in the circumstance of the case. Dated ……………………………….. ……………………………….. Advocate for the Applicant Download Word Document In English. (Rs.15/-)

  • Services and Materials at a Reasonable Cost

    Services and Materials at a Reasonable Cost  In the Court of ...................................... KK……………………………………………………..resi……………………........................ Plaintiff  against GM…………………………………………………… resi……………………… .................... Defendant KK…………………………..…., the above-named plaintiff, states as follows:- 1. On the ......................... day of………....... /…….……... , at……………….. ., the plaintiff built a house [known as ………………………………………... .], and furnished the materials therefor, for the defendant, at his request, but ………………___________________________. was made as to the amount to be ………………..…..for such work and materials. 2. The work done and materials supplied were reasonably worth ………………………..... Rupees. 3. The defendant has not paid the money. [A. Facts showing when the cause of action arose and that the Court has jurisdiction. ] B. 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/-)

  • Against Surety for Payment of Rent

    Against Surety for Payment of Rent  Download Word Document In English. (Rs.15/-) In the Court of ...................................... KK…………………………………..………...  resi………………………. ...................... Plaintiff                         against  GM………….................................. resi .................................................... Defendant  KK…………………………………..…….., the above-named plaintiff, states as follows:-  1. On the ……………………………….………....... day of…………………………………….... , KM………………….… hired from the plaintiff for the term of......years, the [house No. ...... …………………….., ...... street], at the annual rent of…………………………………. rupees, payable [monthly].  2. The defendant agreed, in consideration of the letting of the premises to KM…………………. to guarantee the punctual payment of the rent.  3. The rent for the month of………….../………..../…………... , amounting to …………………....... rupees, has not been paid.  [If, by the terms of the agreement, notice is required to be given to the surety, add:-] 4. On the ......................... day of………….../………….... /……….... , the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof.  5. The defendant has not paid 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   SAHAPUR ..this ______.  Plaintiff

  • WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC

    FORM NO. 26 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. ( See  Section 146) To, The Officer-in-charge of the police station  at ..................................... or To, The Collector of .............................................. Whereas it has been made to appear to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent court determining the rights of the parties, or the claim to possession shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................. day of .................., 20... (Signature) (Seal of the Court) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Services at a Reasonable Rate

    Services at a Reasonable Rate  In the Court of ...................................... KK…………………………………………………………. resi …………....................... Plaintiff  against  GM……………………….……………………………….. resi……………. .................... Defendant KK………………………………………..., the above-named plaintiff, states as follows:- 1. Between the ......................... day of…………..... /…………….... , and the ……..... day of…….../…….... at …........plaintiff [executed sundry drawings, designs and diagrams] for the defendant, at his request; but no express agreement was made as to the sum to be paid for such services. 2. The services were reasonably worth ........................... rupees. 3. The defendant has not paid the money. [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/-)

  • Written Statement of Defence

    Written Statement of Defence IN THE HIGH COURT OF  (LAND DIVISION)  LAND CASE NO……OF ………...  AT DAR ES SALAAM  between  BDC _______________ Plaintiff  And  ASC CO LTD _______________ Defendant  WRITTEN STATEMENT OF DEFENCE OF THE DEFENDANT  The Defendant above named states in answer to the Plaint as follows that:  The contents of paragraphs 1 and 2 of the Plaint is noted.  The contents of paragraph 3 of the Plaint are denied and the Plaintiff is put to strict proof thereof. The Defendant wishes to state that…………………………  Save that……………………. the contents of paragraph 4 are denied. Further, the Defendant denies that………………………….. The plaintiff is put to strict proof.  The contents of Paragraph 5 of the Plaint are denied.  The contents of Paragraph 6 of the Plaint are denied. The Defendant wishes to state that………………………………………….  The contents of Paragraph 7 of the Plaint are denied. The Defendant wishes to reiterate that…………………………………..  In further answer to the said paragraph, the Defendant annexes hereto marked Annexure NC-2 copy of……………………………………..  The contents of Paragraph 8 of the Plaint are denied.  The contents of Paragraphs 9 and 10 of the Plaint are noted.  As regards paragraph 11 of the Plaint the Defendant denies……………………….  The contents of Paragraph 12 of the Plaint are unclear and ambiguous.  The contents of paragraph 13 are unclear as the same does not state………………..  The contents of paragraph 14 of the Plaint are noted.  The contents of Paragraph 15 of the Plaint are denied.  The jurisdiction of this Honorable Court is noted.  Save as otherwise admitted hereinabove, the Defendant denies every allegation of fact and law raised in the Plaint as if the same had been specifically set out herein and traversed seriatim.  In the premises and by reason of the defense written in the statement hereinabove, the amount claimed and the other prayers and/or relief sought by the Plaintiff at the end of the Plaint are baseless and should be dismissed in their entirety, with costs awarded against the Plaintiff. WHEREFORE, Defendant prays for dismissal of the suit with costs.  Dated at Dar es Salaam this _____ day of…………………..  ___________________________  Principal Officer of the Defendant  able to depose on the facts of the case  V E R I F I C A T I O N  I,…………….being the Manager, Commercial and Finance, do hereby verify that save for paragraph 15 which is based on advice received from……………., one of the Advocates of………………which I verily believe to be true, what is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13, 14, 16 and 17 above is true to the best of my knowledge.  ___________________________  Principal Officer of the Defendant  able to depose on the facts of the case  Presented for filing this ______ day of............20... _____________  Registry Officer  DRAWN AND FILED BY:  XXX Advocates,  9th Floor YYY Tower,  P. O. Box……….,  DAR ES SALAAM  COPY TO BE SERVED UPON:  A & Co.,  Advocates  3rd Floor, BBB Towers  P. O. Box…………….  DAR ES SALAAM Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Movables Wrongfully Detained

    Movables Wrongfully Detained  In the Court of ...................................... KK……………………………………………….. resi ...................... Plaintiff  against GM………………………………………………… resi .................... Defendant KK…………..., the above-named plaintiff, states as follows:- 1. On the ...... day of...... /..., plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods. ] the estimated value of which is ...... rupees. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. 3. Before the commencement of the suit, to wit, on the ...... day of...... /... , the plaintiff demanded the same from the defendant, but he refused to deliver them. [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.,] 4. The plaintiff claims- (1) delivery of the said goods, or.........................Rupees, in case delivery cannot be had; (2) ..................................... rupees compensation for the detention thereof. 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 KAYAN. this ______.  Plaintiff  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • MOVABLES WRONGFULLY DETAINED

    नंबर 32 चल गलत तरीके से हिरासत में लिया गया (शीर्षक) ए.बी., उपरोक्त नामित वादी, निम्नानुसार कहते हैं:- 1. ........ 20.... के दिन, वादी का स्वामित्व [या कब्जे के अधिकार को दर्शाने वाले तथ्य] इसके साथ संलग्न अनुसूची में उल्लिखित माल [या माल का वर्णन] , जिसका अनुमानित मूल्य......रुपये है। 2. उस दिन से इस मुकदमे के शुरू होने तक प्रतिवादी ने उसे वादी से हिरासत में लिया है। 3. वाद के शुरू होने से पहले, ............ के .... दिन ......... को, वादी ने प्रतिवादी से इसकी मांग की, लेकिन उसने उन्हें देने से इनकार कर दिया। [जैसा कि फॉर्म नंबर 1 के पैरा 4 और 5 में है।] 6. वादी का दावा-- (1) उक्त माल की सुपुर्दगी, या ....... रुपये, यदि सुपुर्दगी नहीं की जा सकती है; (2) ..... रुपये के निरोध के लिए मुआवजा। Download PDF Document In Hindi. (Rs.15/-)

  • Movables Wrongfully Detained

    Movables Wrongfully Detained (Title) A.B., the above-named plaintiff, states as follows:- On the ........day of .........19.........., plaintiff owned [ or state facts showing a right to the possessions] the goods mentioned in the schedule hereto annexed [or describe the goods ], the estimated value of which is............ rupees. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. Before the commencement of the suit, to wit, on ........the day of............ 19, the plaintiff demanded the same from the defendant, but he refused to deliver them. Download Word Document In English. (Rs.15/-) Download Word Document In Marathi. (Rs.15/-)

  • SUIT FOR COMPENSATION FOR INJURY CAUSED BY AN INJUNCTION WRONGFULLY OBTAINED

    SUIT FOR COMPENSATION FOR INJURY CAUSED BY AN INJUNCTION WRONGFULLY OBTAINED Nature of grievance: Suit for compensation for injury caused by an injunction wrongfully obtained:  Where a party to the proceedings before the Court of law, misleads the Court on any factual submission, and thereby obtains any interim injunction in the said proceedings – the aggrieved person may file a Suit for compensation for injury caused by an injunction wrongfully obtained, within three years from the date when the injunction ceases, under Article 90 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 pay Rs.________, as per particulars of claim, annexed to the Plaint at Exhibit “____”; b)     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. 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 – c)     The Hon’ble Court, in the dues exercise of their powers u/s 94 and O.38 of CPC, 1908, Issue a warrant to arrest the defendant 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); d)     The Hon’ble Court, in the dues exercise of their powers u/s 94 and O.38 of CPC, 1908, Direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (as may be applicable to the facts of the case) e)     Interim/ad-interim reliefs in terms of prayer clauses ____ as aforesaid. f)      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 an order of injunction [temporary or permanent] was operative against the Plaintiffs: 2.      The facts showing that the said order of injunction [temporary or permanent] was obtained by the Defendant by misleading the Court on any material aspect: 3.      The facts showing that due to said order of injunction[temporary or permanent], the Plaintiffs suffered injury, in monetary terms or otherwise: 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 – 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 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 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 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 of 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. 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 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; Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • ORDER FOR THE REMOVAL OF NUISANCES

    FORM NO. 20 ORDER FOR THE REMOVAL OF NUISANCES ( See  Section 133) To,  (name description and address). Whereas it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place,) by etc., (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists; or Whereas it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place; Or Whereas it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way (describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or wellor excavation) being without a fence (or insecurely fenced); Or Whereas, etc., etc., (as the case may be); I do hereby direct and require you with (state the time allowed to cease carrying required to be done to abate the nuisance) or to appear at .......................... in the ........................... Court of ........................ on the ........................ day of ................... next, and to show cause why this order should not be enforced ; Or I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; Or I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; Or I do hereby direct and require you, etc., etc., (as the case may be). Dated, this ..................... day of .................. 20... (Signature) (Seal of the Court) Download Word Document In English. (Rs.20/-)

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