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COMPOSITION DEED WITH CREDITORS  This Deed of Composition is made on this __________ day of __________/……………………                                                Between MR……………………………………………………….………,  S/O…………………………………………………………….…,,  RESI…………………………………………………………………… (hereinafter called "the Debtor" which expression shall unless contrary to the context include his successors, legal representative and assigns) of the first part;                                                 And MR……………………………………………………………….…, S/O…………………………………..______...............__,,  RESI…………………………………………….________________ (hereinafter called "the Trustee" which expression shall unless contrary to the context include his successors, legal representative and assigns) of the second part;  And All the several persons, firms and companies, being the Creditors of the Debtor, whose names and seal signed and affixed hereunder and the amount of debt owed to them is given in Annexure A to this document (hereinafter called "the Creditors" which expression shall unless contrary to the context include their successors, legal representative, hairs and assigns as the case may be) of the third part: Whereas 1. The Debtor is indebted to the Creditors to amounts as given in Annexure A hereto. 2. The Debtor is unable to pay the Creditors their debts in full and hence has proposed to pay to the Trustee a sum of Rs.______________ to be distributed among the Creditors in proportion to their debts respectively and that such sum may be received by the Creditors in full discharge of their respective debts and claims against the Debtor.  3. The Creditors have agreed to accept the offer of the Debtor and to take the said composition in fully discharging to their concerned debts and in consideration thereof, to grant to the Debtor the release hereinafter contained.  Now this deed witnesses as follows:  1. The Debtor hereby agrees with the Trustee and the Creditors that the Debtor, shall within a period of three months from the date of execution of this deed pay or cause to be paid to the Trustee the sum of Rs. _______________.  2. The Trustee in trust shall hold the said sum for the purpose as hereinafter stated. 3. The Trustee shall possess the said sum of Rs.____________ on trust to distribute the same among the Creditors whose names are given in Annexure A hereto in proportion to their debts. 4. In pursuing further pursuance the said agreement and in consideration of the premises the Creditors hereby jointly and severally release and discharge Debtor, from all debts owed by him to the Creditors. 5. The Creditors further discharge and release the Debtor from all actions, claims or demands or any of them against the Debtor in concerning the debt as owned. 6. If the Debtor fail to pay or caused to be paid to the Trustee the said sum of Rs. ___________, within the fix time, the release of the debts by the Creditors as aforesaid shall be nullity. 7. In case the Debtor is adjudicated insolvent prior payment of the whole of the said sum, in that case also the release of the said debts hereinbefore contained null and void and ineffective. In this eventuality the Creditors and each of them shall be free to exercise all such rights and remedies they would have been entitled to, had this deed not been executed. 8. The release hereinbefore contained is only concerning the Debtor and shall no case prejudice the rights of the Creditors or any of them against parties other than the Debtor, and the Creditors hereby expressly reserve all the rights and remedies against any such party or parties. 9. If any controversies shall emerge concerning any matter or things done under the foregoing enactments or otherwise in this deed the same shall, if the parties do not agree, be referred to the arbitration of MR……………………………………………………………, S/O……………………………………………………………………………….., RESI…………………………………………………………………. _____... The decision of the arbitrator shall be conclusive and bind the parties. In Witness Whereof, the parties to this deed have signed on the day and year above mentioned. Witnesses: 1. The Debtor  2. The Trustee  Annexure A as referred above  S. No. Name and Address of the Creditor Amount of Debt Due (in Rs.)  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

COMPOSITION DEED WITH CREDITORS FOR PAYMENT IN INSTALLMENT BY THE DEBTOR AND GUARANTOR  This Deed of Composition is made on this __________ day of ______________/.. Between MR._________....................................,  S/O ……………………………………………….  RESI_________ ______________ (hereinafter called "the Debtor" which expression shall unless contrary to the context include his successors, legal representative and assigns) of the first part; MR……………………………………………….,  S/O………………………………………………,  RESI………………………………………………(hereinafter called "the Trustee" which expression shall unless contrary to the context include his successors, legal representative and assigns) of the second part; MR……………………………………….……….  S/O.________________________,  RESI……………………………………………….(hereinafter called "the Guarantor" which expression shall unless contrary to the context include his successors, legal representative and assigns) of the third part, And all the various persons, firms and companies, as Creditors of the Debtor, whose names and seal are signed hereunder and affixed and the amount of debt owed to them is given in Annexure A to this document (hereinafter called "the Creditors" which expression shall unless contrary to the context include their successor, legal representative, heirs s and assigns as the case may be) of the fourth part: Whereas 1. The Debtor is indebted to the Creditors to amounts as given in Annexure A hereto. 2. The Debtor is unable to pay the Creditors their debts in full and hence has proposed to pay to the Trustee a sum of Rs.____________ to be distributed among the Creditors in proportion to their debts respectively and that such sum may be received by the Creditors fully discharging their respective debts /claims against the Debtor; 3. The Guarantor has consented in joining this deed for guaranteeing the due payment of the said composition. 4. The Creditors have consented in accepting the offer of the Debtor and taking the said composition in fully discharging their respective debts and in consideration thereof, to grant to the Debtor the release hereinafter contained. Now This Deed Witnesses as Follows: 1. The Debtor and the Guarantor hereby severally and jointly agree with the Trustee and the Creditors and each of them that the Debtor and the Guarantor or any one of them, shall within a period of three months from the date of execution of this deed pay or cause to be paid to the Trustee a sum of Rs. __________________ by way of equally quarterly payment. Each shall be payed by the ………………………… when this payment is due. 2. The Trustee in trust shall hold the said sum for the purpose as hereinafter stated. 3. The Trustee shall be possessing of the said sum of Rs._______________ on trust to distributing the among the Creditors whose names are set out in Annexure A hereto in proportion to their debts. 4. Shall be liable under this deed by virtue of time being allowed or indulgence granted to or by reason of any compromise /composition with the Debtor by the Trustee or the Creditor or any of them. 5. The Creditors hereby agree that till the Debtor or the Guarantor pays the quarterly installments in time they shall not bring legal proceedings or action against the Debtor. If this agreement contravened as covenant herein, this deed may be treated as a defense by the Debtor. 6. When the debts owed by the Debtor to the Creditors is fully paid, the Trustee shall certify this effect. Per certificate Trustee, the Debtor shall be discharged, released from all action, claim and demand respecting to debts owed by him. 7. In the eventuality of the Debtor not paying, caused to be paid to Trustee the said sum of Rs___________.____, by the fixed time, the release of debts by the Creditors as aforesaid shall be nullity. 8. In case the Debtor is adjudged insolvent prior payment of the whole amount, in that case also the release of the said debts herein before contained shall be null and void and ineffective. In this eventuality the Creditors and each of them shall be free to exercise all such rights and remedies that they would have been entitled to, had this deed not been executed. 9. The release herein before contained is only in concerning the Debtor and shall not respect prejudice the rights of the Creditors or any of them against parties other than the Debtor, and the Creditors hereby expressly reserve all the rights and remedies against any such party /parties. 9. If any controversies shall emerge regarding any matter or things done under the foregoing enactments or otherwise in relation to this deed the same shall, if the parties do not agree, be referred to the arbitration of MR…………………………………………………_S/O……………………………………….………………. RESI _________________________________. The decision of the arbitrator shall be final and binding on the parties.  In Witness Whereof, the parties to this deed have scribed signed on the day and year above stated.  Witnesses:  1……………………………………………………… The Debtor  2……………………………………..………………. The Trustee  3……………………………………………………. The Guarantor  4………………………………………..………….. The Creditors  Annexure A hereinabove referred  S. No. Name ………………………………………….. Address………………………………………………………………………. of the Creditor Amount of Debt Due (in Rs.) __________________. Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

Download Word Document In English. (Rs.60/-) Precedent No. 69 AFFIDAVIT: UNDER SECTION  437 OF THE CODE OF C RIMINAL PROCEDURE IN THE SESSIONS COURT OF Criminal Miscellaneous (Bail) Application No of 20 Applicant: Vs. Respondent: AFFIDAVIT   of ,   S/o ,   aged ,    residing in The deponent named above hereby solemnly and affirms as follows:— 1. That I am the deponent referred to above and the accused in Sessions Case No , which is allegedly for an offence punishable under section 307 read with sections 120B and 34 of the Indian Penal Code. That I am fully familiar with the facts and the circumstances of the case and I am competent to depose to the facts mentioned hereunder. That I am not guilty of the offence with which I am charged and I am innocent. I have been falsely implicated in the Sessions Case for having allegedly committed the offence referred to above due to past enmity with the de facto complainant who had given the First Information Statement to the Police. The aforesaid case arose out of the First Information Statement referred to above. The F.I.R. dated , lodged by the Police-station, was that I arrived at the residence of     the    original    complainant,    at pm    on the , 20 , and tried to attack him with a lathi. A true copy of the F.I.R. has been filed before this Hon'ble Court. That the aforesaid facts stated in the F.I.R. are totally false, concocted and born out of the figment of the wild imagination of the informant and the Police who have registered the crime. That despite the fact that the deponent was arrested a few days ago, no weapon or other material object was discovered or recovered from his person or was shown by him. The memo of arrest, which is produced herewith, will clearly bear this fact out. That there is no independent evidence from any reliable source whatsoever as to the occurrence and the entire prosecution case is a fictitious one. That no occurrence of a criminal nature, much less like the one alleged against the deponent, has ever taken place. That the deponent is unnecessarily detained and his freedom of movement and action is curtailed, totally violating his fundamental rights. That the applicant is the only earning member of his family and earns out his livelihood as a contractor. He has a large family consisting of his wife, two children, two younger siblings and aged parents. In the event of the deponent's continuing status as a detainee, his family will be forced to starve. That the deponent applicant is willing to provide two solvent sureties in the event of being granted bail by this Hon'ble Court. He also undertakes to abide by all the conditions this Hon'ble Court deems fit to impose for the purpose of releasing him on bail. Further, the deponent will willingly co-operate with the investigation and not try to influence any witnesses or hamper any evidence. That the deponent has not filed any bail application earlier, nor is any bail application of his is pending before this or any other Court. That the deponent has never been convicted of any offence before, nor has he been implicated in any crime whatsoever. SdJ Deponent. Verification I, the abovenamed deponent, verify that the contents of this affidavit are true to the best of my knowledge, belief and as per information received by me by experts and nothing material has been concealed therefrom. Date: Place: SdJ Deponent Solemnly affirmed and signed before me by the abovenamed deponent who is personally known to me, on this the day of ,20 SdJ Counsel for the deponent Note: Affidavit to be attested by the appropriate authority prescribed under law.

Assignment of a registered trade mark THIS DEED OF ASSIGNMENT of trade mark made this………..day of 2010 between AB son of………..residing at………….(hereinafter referred to the assignor which term shall include his heirs, successors and legal representatives) of the one part and CD son of………….residing at (hereinafter called the assignee which term shall include his heirs, legal representatives and assigns) of the other part. WHEREAS the said AB is the owner and the proprietor of a Trade Mark number duly registered in the Register of Trade Marks maintained by the Trade Mark Registration Office at…………….   AND WHEREAS the said AB has made actual and bona fide use of the said Trade Mark in India in relation to the toilet goods manufactured by him at his factory in……. NOW THIS DEED of assignment witnesses that in pursuance of the said agreement and in consideration of the said sum of Rs………….paid by the said CD to AB the receipt whereof he the said AB hereby admits, acknowledges and confirms, he the assignor AB does hereby grant, transfer and assign upon the terms hereinafter mentioned, the exclusive use and all benefits of the aforesaid Trade Mark in relation to the goods of toiletry manufactured by him at his factory at………… And the said assignor hereby covenants with the assignee that he will not infringe nor use a mark identical with the Trade Mark hereby assigned nor use another Trade Mark nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to the goods in respect of which it is registered and in a manner as to render the use of this mark likely to be taken either as being a use of the said Trade Mark or to import a reference to the assignor. AND THE ASSIGNOR further covenants that he, the assignor, shall at the costs of CD or any person claiming through him do or cause to be done any other act, deed or thing as may be required for more perfectly assuring the aforesaid assignment. The Schedule IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written. Signed, sealed and delivered by AB  the assignor in the presence of: Signed, sealed and delivered by CD the assignee in the presence of: Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Download Word Document In English. (Rs.40/-) Precedent No. 22 AFFIDAVIT: UNDER  ORDER XLI, RULE 27 OF  THE CODE OF CIVIL  PROCEDURE, 1908 BEFORE THE CITY CIVIL COURT, Interlocutory Application No of 20 In Civil Appeal No of 20 Applicant/Appellant: Vs. Respondent: AFFIDAVIT of ,W/o aged years, presently    and permanently residing in The deponent abovenamed, hereby solemnly affirms and declares as follows: 1. That the deponent is the petitioner in the Application and appellant in the Appeal referred to above. Being well conversant with the facts andcircumstances of the case, the deponent is fully competent to swear tothis affidavit. The deponent will be referred to as the applicant hereinafter. 2. This appeal was filed on by the applicant against the Judgment and decree of the City Civil Court XVV, in O.S. No. 3. It is submitted that prior to , notwithstanding the exercise of due diligence by the applicant, the accompanying documents could not have been procured by her as she had absolutely no knowledge of the transactions mentioned therein. Immediately after coming to know of the existence of the aforesaid transactions and the documents concerning the same on , the applicant applied for copies of said registered documents before the Sub-Registrar and obtained the same only on  She is now producing the same alongwith the accompanying application. In view of the aforementioned facts, it is most apparent that the non-production of the said documents earlier in the Court is owing to the circumstances referred to above and not owing to any willful default, neglect or laches on part of the applicant. It is submitted that the aforesaid documents are of vital significance and will prove to be highly instrumental in establishing the case of the applicant and facilitate the easy and just disposal of the appeal by this Hon'ble Court. In case the said documents are not received on file and in evidence by this Hon'ble Court, it will cause irreparable injury and hardship to the applicant. It is, therefore, in the interest of justice that the documents listed in the accompanying application may be received by this Hon'ble Court on file and in evidence. Sd./ Deponent. Verification Verified    at on    this    the day   of , 20 , that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of ,20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law.

COPYRIGHTS Application for Registration of Copyright (See Rule 16) To The Registrar of Copyrights, Copyrights Office,  New Delhi. Sir, In accordance with Section ………….. of the Copyrights Act, 1957 (14 of 1957) I hereby apply for registration of Copyright and request that entries may be made in the Register of Copyrights as in the enclosed Statement of Particulars sent herewith in triplicate. 1. I also send herewith a duly completed, statement of further particulars relating to the work. 2. In accordance with rule 16 of the Copyrights Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown below : Name and Address of the Parties Date of Dispatch     1. The prescribed fee has been paid, as per details below : Rs. 400/- (Rupees Four hundred Only) vide the Demand Draft (No………….) dated ……………….. 20……, drawn on ……………………… being filing fee for the above mentioned application.  1. Communication on this subject may be addressed to : 1. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above any claim or dispute to my copyright of this work or its use by me. 2. I hereby verify that the particulars given in this Form and the Statement of Particulars and Statement of further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom. List of Enclosures. Place :  Date :  Yours faithfully,   …………………... Statement of particulars (to be sent in triplicate) 1. Registration Number (To be filled in the Copyright Office) :      2. Name, Address and Nationality of the applicant. :    3. Nature of the applicant's interest in the copyright of the work. : 4. Class and description of the work  :    5. Title of the work :    6. Language of the work  :   7. Name, address and nationality of the author and if the author is deceased, date of his decease. :   8. Whether work is published or unpublished. :   9. Year and country of first publication and name, address and nationality of publisher. :   10. Years and countries of subsequent publications, if any and names, address and nationalities of the publishers. :   11. Names, addresses and nationalities of the various rights comprising the copyrights held by each, together with particulars of assignments and licenses if any.  :   12. Name, address and nationality of the other persons, if any, authorised to assign or license the rights comprising the copyright. :     13. If the work is an 'Artistic Work' the location of the work of the original work, including name, address and nationality of the person in possession of the work. (In the case of Architectural work then the year of completion of the work should also be shown). :   13A. If the work is an 'Artistic Work' which is used or is capable of being used in relation to any goods, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957. :    14. Remarks, if any  : Place: Date: Yours faithfully, ………………………. STATEMENT OF FURTHER PARTICULARS ( For Literary, Dramatic, Musical and Artistic Works Only) ( To be sent in triplicate) 1. Is the work to be registered a. an original work ?  b. a translation of a work in the public domain ? c. a translation of a work in which copyright subsists ? d. an adaptation of a work in which public domain ? e. an adaptation of a work in which copyright subsists ?  : : : :  : :  YES ---------------- N.A----------- ---------------- N.A----------- ---------------- N.A------------ ---------------- N.A------------ 2. If the work is a translation or adaptation of a work in which copyright subsists  a. Title of the original work b. Language of the original work c. Name, address, and nationality of the author of the original work and if the author is deceased, the date of his decease. d. Name, address and nationality of the publisher, if any, of the original work. e.  Particulars of the authorisations for a translation or adaptation including the name, address and nationality of the party authorising. 3. Remarks, if any  : : :  :  :  : :  -------------N. A.------------ ---------------N. A.------------ ---------------N. A.------------  ---------------N. A.------------   ----------------N. A.------------   ---------------N. A.------------- NIL Place :   Date : Yours faithfully, ………………….. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/) Download PDF Document In Marathi. (Rs.30/-)

Download Word Document In English. (Rs.50/-) IN THE HIGH COURT OF  THE JUDICATURE OF …………… AT …………. W.P. No. ……….. of 20……. Between : A.B.                … Petitioner And C.D.                    … Respondent Affidavit of …………………., the petitioner herein I,………………………….……………............……,  S/o………………………............…………………, an adult Indian inhabitant, Occupation: ……………………..…………..…… and residing at ……………………………........ District………………………………………........., do hereby solemnly affirm and state as follows :   1. That I am the petitioner herein and as such am well acquainted with the facts of the case.   2. I submit that I am an Ex-serviceman, having served the Army vide J.C.No . .....................….  I also submit that inasmuch as I am an Ex-serviceman and landless poor person and inasmuch as I am entitled for assignment of land under the Ex-servicemen category and on my application as an Ex-serviceman after due enquiry on …………………………………… patta was granted in my favour for an extent of ...………………. cents in S.No . …………………….……….. of ………………….…………… village Accounts.  I also submit that I have reclaimed the property and I had also obtained a loan for digging a well, dug a well and from the said time onwards, I have been cultivating the same by raising different crops thereon.  Thus I have been in actual possession and enjoyment of the above said property from the time of grant of patta in my favour and I have been paying the cist to the Government relating to the said property.   3. I also further submit that due to my old age I am undergoing medical treatment and doctors have advised me to have operation to my leg. 4. I also submit that for my medical expenses I have taken loans and I have discharged my debts.  I also submit that inasmuch as the allotment made under Ex-servicemen category by virtue of G.O.Ms . No. …………………......………., Revenue (Assignment-I) Department, dated ……………………………., I have a right to alienate the said property after a period of ..........…….. years.  I also further submit that inasmuch as I intended to alienate the aforesaid properties in favour of the third parties, I approached the respondent on .........................…… and requested him to register the document relating to S.No . ....................... of an extent of …………………....……… cents but however, the respondent had refused to register the document and was not inclined to give any written endorsement in this regard.  I also submit that in W.P. No. ………………...............…. of …………………………. this Hon'ble Court had already decided that in such cases after a period of ……… years, the registering authorities are bound to register the same by its orders dated ………………………………..-……  I also submit that I had produced a copy of the said order and also the G.O.Ms . No. ……………………………….…….. Revenue (Assignment-I) Department, dated …………… before the respondent but inspite of that the respondent was not inclined to register the document without assigning any reasons.  The said action of the respondent is totally illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also contrary to the orders of the State Government in G.O.Ms . No………………..………….., Revenue (Assignment-I) Department, dated ………... and also contrary to the Judgment of this Hon'ble Court in W.P. No. ........… of ………… dated …………..   5. In the said circumstances, I have no other effective alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India.   6. Earlier I have not filed any Writ Petition, Suit or Appeal either before this Hon'ble Court or before any other Court of Law or Authority for the reliefs prayed in the present writ petition. Under these circumstances, it is just and necessary in the interests of Justice, that this Hon'ble Court may be pleased : (i) To issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondent in refusing to register the document submitted by the petitioner for registration of Sale Deed over an extent of Ac. …………………………….... cents in Survey No. ……………………..….. of ………………………. village Accounts without assigning any reasons, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also contrary to the orders of the State Government in G.O.Ms . No. …......................., Revenue (Assignment-I) Department, dated ………….. and also contrary to the orders of this Hon'ble Court in W.P. No. ………….........………… of ……………..…. dated …………………. and consequently direct the respondent to receive and register the sale deeds submitted by the petitioner for the aforesaid lands ;   (ii) To direct the respondent to receive and register the sale deeds submitted by the petitioner over an extent of Ac. ………….. cents in Survey No. …………………. of ……....... village Accounts, pending the disposal of the above Writ Petition;   and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, or otherwise, I will be put to irreparable loss, great hardship, heavy injury and unsustainable damage. Deponent Before me Solemnly affirmed at ……………. on this the …………. day of ………… and signed Advocate............. MEMORANDUM OF WRIT PETITION (Under Article 226 of Constitution of India) IN THE HIGH COURT OF THE JUDICATURE OF ………………. AT ………………. (Special Original Jurisdiction) W.P. No. ………. of 20…….. Between : A.B.     ... Petitioner And C.D.             … Respondent The address for service of all notices, summons and processes on the above named petitioner is that of his counsel M/s. .....………………………………………… and ……………………………….., Advocates, High Court, R/o. ……………………………………………………………. Colony, ……………………………………………………………………………….For the reasons and in the circumstances stated in the accompanying affidavit, the petitioner herein prays in the interests of Justice, that this Hon'ble Court may be pleased to issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondent in refusing to register the document submitted by the petitioner for registration of Sale Deed over an extent of Ac. …………….…….. cents in Survey No. ………………..……….. of …………………..……… Village Accounts without assigning any reasons, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also contrary to the orders of the State Government in G.O.Ms . No. ………………..………….., Revenue (Assignment-I) Department, dated ………………………….. and also contrary to the orders of this Hon'ble Court in W.P. No. ……………………………………..... of dated …………. and consequently direct the respondent to receive and register the sale deeds submitted by the petitioner for the aforesaid lands and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Place : Dated :                                                                              Advocate for the petitioner

Form TM - 5 TRADE AND MERCHANDISE MARKS ACT, 1958 Notice of Opposition to Application for registration of a Trade Mark, Section 21 (1),  Rules 51 (2) IN   THE  MATTER   of   Application No……………..(……………….)  in  Class ………  in the name  of  ……………………. and …………………..,  ………………………. AND In the matter of Opposition thereto  by ……………………………………………….  We,  Rallis India Limited, a Company incorporated under  the Indian  Companies Act, 1913 and having its registered  office  at …………………………. in  the  State  of …………………….,  hereby give notice of our intention to  oppose  the Trade Mark advertised under the above number in Class 5 in the Trade Marks Journal No.1143 dated ……… 20 …………….. at  Page No.1414.  The grounds of opposition are as follows : 1. That we are the well known manufacturers and merchants of Medicinal and Pharmaceutical preparations for past many years.  2. We  are carrying on a well  established  business  as manufacturers, marketers   and distributors  of  interalia    medicinal and    pharmaceutical preparations from over more than 3 decades and herbal formulations from last several years.  3. We are marketing and distributing our whole range of products through our wide net work of dealers, chemists and stockists in India and abroad under various  Trade  Marks.  Our products bearing the various trade marks enjoy high reputation and goodwill throughout the country. 4. The applicants have applied for registration of trade mark ............... in class 5 in respect of medicinal and Pharmaceutical preparations which is deceptively similar to our trade mark ................  The adoption by the applicants of the impugned trade mark ............... is dishonest and fraudulent, actuated by malafide intention.  It is apparent that the applicants have adopted the trade mark ............... solely with the intention of coming as close as possible to our trade mark ................  The registration of the impugned mark would, therefore, be a negation of the mandate enshrined in the Preamble to the Act which reads as follows; “An Act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise”. The mark applied for registration is neither adapted to distinguish nor capable of distinguishing the applicants’  goods. 5. As the trade mark for which registration is being sought by the applicants is deceptively  similar to our trade mark ............... and the goods are also identical and/ or of the same description for which our trade mark is applied, registration of the impugned trade mark would be prohibited under Section 12 (1) of the Act. 6. The use of the trade mark ............... would cause confusion and deception in the minds of the medical practitioners, chemists and the consuming public. The prefix RAL used in the mark resembles the prefix of the corporate name of our Company Moreover, the Company is using and is the proprietor of the Trade Marks commencing with the prefix RAL : SR. NO.  TRADE MARK NAME  REGISTRATION    NO.  1 2 3        The suffix BEN is phonetically similar to the suffix of our trade mark ................ The overall impression of the Trade Mark for which the applicants are seeking registration is such that it can easily be mistaken and confused with our aforesaid Trade Mark.  Alternatively, it is likely to be mistaken as another Trade Mark of our Company.   6. The impugned mark does not qualify for registration under section 9 of the Act as the same is neither distinctive nor capable of distinguishing the goods of the Applicants.  The applicants cannot claim any proprietorship in respect of the impugned mark as the same has been copied and adopted by the applicants with a dishonest intention which would cause confusion amongst the medical practitioners, chemists, stockists and the consuming public leading to passing off. 7. That the goods in respect of which the applicants are seeking Registration are the    goods of the same and/ or similar description to the goods in respect of which our Trade Mark aforesaid is pending for registration. 8. That the mark in respect of which the Applicants are seeking registration consists of the word ............... and is identical in class 05 in respect of Medicinal and Pharmaceutical preparations which is deceptively similar to our Trade Mark ................ 9. The channels of trade of the applicants’ goods and the goods in respect of which our Trade Mark will be used would be the same. 10. The applicants are not the proprietors of the mark applied for registration within the meaning of Section 18(1) of the Act. 11. The mark now sought  to be registered is not adopted to distinguish the applicants’ goods and is also not capable of distinguishing the applicants’ goods. 12. The registration of the applicants’ mark which forms the subject of the present application, will be contrary to the provisions of Section 9, 11(a), 11(e), 12(1) and 18(1) of the Act. 13. The mark applied for registration was admittedly proposed to be used as on the date of advertisement of the mark and therefore, no hardship will be caused to the Applicants if the application is withdrawn and they give an undertaking not to use the mark in future. 14. The foregoing constitutes sufficient grounds for the exercise of the Registrars’ discretion in our favour. 15. For the reasons stated in the preceding paragraphs, we pray: (a) That the Application No.591620 in class 5 be refused. (b) We also ask for costs. (c) Such other relief as may be deemed necessary by the Registrar. All communications in connection to these proceedings may be sent to the following address in India:- Address …………….. ……………………… …………………….. To: The Registrar of Trade Marks, The Office of the Trade Marks Registry at ………….. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.40/) Download PDF Document In Marathi. (Rs.30/-)

Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/-) Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm. Format of evidence by way of Affidavit in a suit for dissolution of partnership firm. As per Section 44 of the Indian Partnership Act, 1932 Suit for dissolution of partnership can be filed in a court and the court may dissolve partnership on the ground mentioned in this section. Extracts of Section 44 of Partnership Act is given below: Sample Format of Affidavit for Suit for Dissolution of Partnership is given below:  IN THE COURT OF THE _____________ JUDGE AT _________ ORIGINAL SUIT NO _______ OF 20__ MR ______________                                        APPLICANT / PLAINTIFF VS MR _______________                                        RESPONDENTS / DEFENDANTS AFFIDAVIT I, _______________ Son of _______________ aged _________ years, Resident of  _________________________, do solemnly affirm and say as follows: 1. That I say, that I am the petitioner in the Original Suit referred to above and being well conversant with the facts and circumstances of the case, I am fully competent to swear to this affidavit. 2. That I say, that the aforesaid suit is filed, inter alia, for obtaining a decree of dissolution of the partnership firm. 3. That I say, that on ______________ , with a view to carry on a partnership business, I and defendant Nos. 2 to 4 executed a partnership deed incorporating the terms and conditions of the said partnership. The partnership business was agreed to be carried on under the name and style of The place of business of the partnership firm is and its registered office is at The partnership firm carries on the business of manufacture and sale of garments and defendant No. 3 is the Managing partner and the other defendants are its partners. 4. That I say, that the defendant No. 1 is a partnership firm duly registered under the Indian Partnership Act, 1932. The initial capital of the said firm is Rs _______. The aforesaid initial capital was equally contributed by me and  defendant Nos. 2 to 4 at the rate of Rs _______ each. Further, I and the defendant partners agreed to arrange additional capital as per the requirement and for the benefit of the firm from time to time. 5. That I say, that the objects of the partnership firm are as under:- (i) To carry on the business of Assembling and Selling Computers. (ii) To carry on the business of providing Computer Related services (iii) any other business as may be mutually agreed upon by all the partners from time to time. 6. That I say, that as per clause 6 of the Partnership deed, proper books of accounts shall be maintained in respect of all transactions of the firm and all the partners shall always have access to such accounts and records of the firm. Further, as per the same clause, profit and loss of the partnership business shall be shared by the partners equally. Defendant No. 3, as the Managing Partner of the partnership firm, is authorised to look after the day-to-day management, supervision and general control of the affairs of the firm. By virtue of clause 8 of the partnership deed, the Managing Partner shall have the power and authority to operate the bank accounts opened in the name of the firm. As per clause 9 of the said deed, the Managing Partner shall have the power and authority to borrow funds or secure guarantee from any bank or banks or other persons or to incur liability in any other firm as per the requirements and for the benefit of the firm. 7. That the First Defendant had assembled Computers, provide AMC services and collected amount of Rs. _________from clients. 8. That I say, that the 3rd defendant has misappropriated the said amount of Rs _________ belonging to the firm and has cheated and defrauded the firm and its partners. 9. That I say, that by conducting himself in the abovementioned manner, the 3rd defendant is willfully and incessantly committing breach of the terms and conditions relating to the management of the firm as contained in the partnership deed. 10. That I say, that the conduct of the 3rd defendant is absolutely destructive of mutual confidence, which is supposed to be the very foundation of any partnership, and the partnership cannot be continued in this fashion. 11. That I say, that I have neither been paid my due share in the income from the business of the firm nor the amount availed of from me as loan. As a consequence of this, I was forced to issue a legal notice dated to the defendants, calling upon the 3rd defendant to carry on the rendition of accounts of the firm and also to convene a meeting of the partners within 15 days of the receipt of notice. However, the 3rd defendant did not accept the said notice, which returned unserved. The other defendants and I issued another legal notice to the 3rd defendant on _____ , calling upon him to cause the rendition of accounts within 15 days from the receipt of the notice. To this notice, the 3rd defendant gave a reply putting forth false, fictitious, frivolous and untenable contentions. It may be mentioned here that the 3rd defendant has not caused the rendition of accounts till date, nor has any meeting of partners been convened. 12. That I say, that the documents produced by me, alongwith the plaint and which are also detailed in the list of documents, will go a long way in establishing my case and enabling me to get a decree in terms of the plaint against the defendants jointly and severally. 13. That it is, therefore, just and necessary that this Hon'ble Court may be pleased to receive the documents mentioned above on file and in evidence and mark it as  Ex. P.1 to Ex. P.12 , and accepting the contentions taken in the plaint and also sworn in this affidavit, pass a decree in my favour and against the defendants jointly and severally.   DEPONENT VERIFICATION I, _______________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______ DEPONENT Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__ . COUNSEL FOR THE DEPONENT   Section 44 of Indian Partnership Act, 1932 Section 44 Dissolution by Court At the suit of a partner, the Court may dissolve a firm on any of the following grounds, namely :- (a) that a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any other partner; (b) that a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner; (c) that a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business regard being had to the nature of the business; (d) that a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm of the conduct of its business; or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with him; (e) that a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, or has allowed it to be sold in the recovery of arrears of land revenue or of any dues recoverable as arrears of land revenue due by the partner; (f) that the business of the firm cannot be carried on save at a loss; or (g) on any other ground which renders it just and equitable that the firm should be dissolved.

TRADE AND MERCHANDISE MARKS ACT, 1958 Request to Registrar for particulars of advertisement of a mark. Rule 50 We, ………………….. hereby request that we may be informed of the number, date and page of the Journal in which the trade mark sought to be registered under Application No.563336 in the name of M/s. ……………………………..., is advertised. The information may be sent to the following address in India:- Dated ………… 20 ………… To: The Registrar of Trade Marks, The office of  the Trade Marks Registry at Mumbai Dated ………………….. Address ………………. Dear Sir, Re: Application No. 473065  We refer to your letter Ref No…………….. dated ………. 20……….. on the above mentioned subject. Pursuant to the said letter, we are hereby filing a Form TM - 58 requesting the Registrar for the particulars of the Trade Mark No. 563336 as and when advertised in the Trade Marks Journal. The necessary fees  will be paid in cash by the bearer of this letter. Kindly acknowledge receipt. Thanking you, Yours faithfully, …………………… Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Form TM - 12 TRADE AND MERCHANDISE MARKS ACT, 1958 (Renewal of registration of trade mark Section 25, Rules 66 and 67)   We, ……………………………………….. hereby leave the prescribed fee of Rs. ……………….. for renewal of Registration of the Trade Mark No. 265455 (TENOPHOS)   in Class ……… on and from ………..20……….. The notice of renewal of the registration may be sent to the following address in India : Address …………………… …………………………… …………………………. Date ……………… Address …………………… …………………………… …………………………. Dear Sir, Sub :   Renewal of Trade Marks Enclosed please find  5 applications  in TM -12  duly filled in for renewal of registration in respect of Trade Marks. Sr. No. T. M. No.  Name of the T. M. Class    We would request you to renew the above Trade Marks and issue us the Renewal Certificates at the earliest at the following address : Address……………………. …………………………… Kindly acknowledge receipt. Thanking you, Yours faithfully, …………………… Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.20/-)

TM - 5 TRADE AND MERCHANDISE MARKS ACT, 1958 (Notice  of Opposition to Application for registration of a  Trade Mark,   Section 21 (1),  Rules 51 (2) In   the  Matter   of   Application No. …………………. in Class …………….. in   the name  of  …………………….., ……………. c/o …………………,    …………………….  AND In   the   matter   of Opposition   thereto  by ……………………………………………. We,  …………………….., a Company incorporated under  the Indian  Companies Act, 1913 and having its registered  office  at ……………………….. in  the  state  of ……………………,  hereby give notice of our intention to  oppose  the Trade Mark ………………. advertised under the above number in Class ……….. in the Trade Marks Journal No…………….. dated …………….20 ………. at  Page No………….  The grounds of opposition are as follows : 1. We  have  been carrying on a well  established  business  as manufacturers  and distributors  of  inter alia    medicinal and    pharmaceutical preparations including    herbal formulations from over more than 3 decades.  We  are  marketing  and  distributing  our  whole  range  of products through our wide net work of dealers, chemists  and stockists  in India and abroad  under various  Trade  Marks.  Our  products  bearing the various trade marks  enjoy   high reputation and goodwill throughout the country. 2. We are the proprietors of the Trade Mark '…………………’ which  is registered under the Trade and Merchandise Marks Act,  1958, particulars of which are as under : The  registration  of  the aforesaid  Trade  Mark  has  been renewed  from  time  to  time and  the  same  is  valid  and subsisting as on date. 3. The  said Trade Mark is  in use from last over ………..years  by the Company originally by way of a licence from its original proprietor, ……………... which was merged with the Company in the year 20……….., and hence, the Company is  now the proprietor of the said Trade Mark.  Due to the excellent and  intrinsic quality of the product sold under  the  brand name  ………………..,  it enjoys a high reputation  and  popularity among  the  general  public  and  those  concerned  in the medicinal profession and trade.  4. We have incurred huge expenses in promoting the sales of the product bearing Trade Mark ………………. in India and as a  result of continuous, uninterrupted and extensive use of the  same, the product has earned a high reputation and goodwill  which is  a  valuable asset for the Company.  The  said  mark  has become  associated with the Company in the minds of  general public  and those  concerned in the medical profession   and trade.   The  product  bearing the Trade  Mark  ……………… has become synonymous as a quality product from ……………..  5. The  adoption  of  Trade Mark …………….. by  the  applicant  is, therefore, blatantly dishonest and amounts to deliberate and mala fide  attempt to misrepresent and cash on  the  goodwill earned  and enjoyed by our Trade Mark ………………..  The  use  of the  deceptively  similar  Trade Mark by  the  applicant  is likely  to deceive and cause confusion and the  registration of such Trade Marks are barred by the provisions of  Section 11  (a)  and 11 (e) of the Trade &  Merchandise  Marks  Act, 1958.  6. We  further  state  and submit that the impugned Trade  Mark ………………. constitutes  the  infringement  of  our  well  known registered  Trade Mark ……………… and the applicant's goods are also likely to be passed off as those of ours.  7. The  goods  in  respect of which the  applicant  is  seeking registration are the same and/ or almost same in respect  of our  Company,  who  are the proprietors of  the  Trade  Mark ……………….. Since  the  channels of  distribution  and  trade through which the goods of the applicant  would pass,  would be  the same, it would result in confusion in the  minds  of the   general  public and  those  concerned   in   medical profession and trade.  8. Trade Mark …………… is visually, structurally and phonetically similar  to  our  Trade  Mark  ………………..   This  would  cause confusion and deception since  the use of Trade Mark …………… is  extensive and voluminous. The general public  and  those concerned  in the medical profession and trade are aware  of the existence of our product bearing Trade Mark ………….. and the use of confusingly similar Trade Mark …………….. will  cause irreparable harm to the Company, in addition to the  general public  and  those concerned in the medical  profession  and trade.  9. For the reasons stated hereinabove, the registration of  the trade  mark  applied  for in the said  application  will  be contrary to the provisions of Section 11 (a), 11 (e),  12(1) and 18 of the Trade & Merchandise Marks Act, 1958. 10. The  applicant's mark  is  only proposed  to  be  used  and, therefore, no harm will  be caused to the applicant if  they voluntarily withdraw their application. 11. In  view of the facts and circumstances  stated  hereinabove and on the grounds and/ or reasons set out in the  foregoing paras  and also to maintain the sanctity of the Register  of Trade  Marks  and  the interest of the  general  public,  we respectfully  submit that this is a fit and proper case  for the exercise of the Registrar's discretion in favour of  the Company by denying the registration of the applicant's mark.  It  is  of  paramount importance that  there  should  be  no confusion in the minds of general public and those concerned in  the  medical profession and trade which would  cause  an adverse  effect on the purchasing public which may  lead  to dangerous consequences. Moreover, the balance of convenience  is in favour of the Company as  the  applicants mark is proposed to be used. 12. We  crave leave to add to and/ or amend or alter any of  the foregoing grounds. Therefore we pray that : a) This Notice of Opposition is allowed; b) The  Application for registration of Trade Mark  ………….. under   No………….. be  refused  under  the   Trade   & Merchandise Marks Act, 1958;  c) That  the discretion vested in the Hon'ble Tribunal  be exercised in favour of the Company; and d) The cost of these proceedings be awarded to us. All  communications in relation to these proceedings may  be sent to the following address in India : Address ………………. ………………………. ………………………. To : The Registrar of Trade Marks,  Trade Marks Registry, ………… Address ………………. ………………………. ………………………. Dear Sir, Re: Opposition to Application No. …………….. in Class 5 in the name …………………. Company Code No……………………. Enclosed  please  Notice  of Opposition  in  form  TM-5,  in triplicate on the above subject. The necessary fees will be paid by the bearer of this letter in cash. Kindly acknowledge receipt. Thanking You, Yours faithfully, ……………….. Download Word Document In English. 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