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Download Word Document In English. (Rs.60/-) Download PDF Document In Hindi. (Rs.60/) Download PDF Document In Marathi. (Rs.40/) Trade Mark Passing Off Suit Suit No…………of 2010 In the High Court at Mumbai Ordinary Original Civil Jurisdiction                                                                                         Plaintiff………….                                                                                                     versus..___                                                                Defendant………….. The plaintiff states: 1. The plaintiff carries on business as the manufacturer of and dealer in Electronic goods in Mumbai. The plaintiff has agents in various places in India for sale of its products. The plaintiff's products have acquired good reputation and its products have distinctive features on the shape, size, layout marking as also the packaging. 2. The plaintiff uses its Trade Mark XY on all its products. The sale of the plaintiff's products are quite substantial both in India and abroad. 3. The plaintiff has advertised its products under its said Mark extensively since the last six years and spent a minimum sum of Rs. 6 lakhs on account thereof. 4. By reason of such extensive advertisement and sale of the products, the public associated the said mark XY to the plaintiff and with the plaintiff's products. As such the plaintiff enjoys good reputation abroad and throughout India including Mumbai within the jurisdiction of this Hon'ble Court. 5. The goods of the plaintiff are manufactured in Mumbai and sold in domestic market and exported abroad. Particulars of the sales for the last 5 years are given in a Schedule annexed hereto marked 'A'. Copies of some newspaper cuttings of advertisements are annexed hereto collectively marked 'B'. Particulars of advertisement costs year wise are given in a Schedule annexed hereto marked 'C. 6. The plaintiff compiled with all the necessary formalities and provisions of law for the registration of its products under the Trade Mark XY. The plaintiff's Trade Mark XY was registered with the Registrar of Trade Marks, Chowringhee Road, Mumbai being Trade Mark No. 1 in Class I in respect of the electronic goods and computers both hardware and software. The Office of the Registrar of Trade Marks, the Register concerned and the Record Containing registration of the plaintiff's said products are all within the jurisdiction of this Hon'ble Court. Certified copies of the application as also of the Certificate of Registration are annexed hereto collectively marked 'D'. 7. The said mark XY became very popular among the purchasers of the plaintiff's products and the Mark XY became very much associated with the plaintiff's products. On or about 10th September 2005 it was brought to the plaintiff's knowledge by the Trade Marks Registry, Mumbai that the respondent has applied for registration of the alleged Trade Mark XZ for similar goods as that of the plaintiff. A copy of the Letter of Registrar of Trade Marks, Mumbai is annexed hereto marked 'E' informing the plaintiff of the said application of the defendant. 8. The defendant has been wrongfully selling the electronic goods and computers software and hardware through its sale outlets in Mumbai with the said Trade Mark XZ within the jurisdiction of this Hon'ble Court. Copies of certain cash memos showing the dealer's name, address, articles and the Trade Mark used thereon are annexed hereto collectively marked 'F'. 9. The plaintiff states that the sale of the said products by the defendant under the Trade Mark XZ has amounted to passing off of the plaintiff's goods as the goods of similar description under a deceptively similar Mark. The defendant has therefore infringed the plaintiff's said Trade Mark in as much as the articles marked XZ is deceptively similar to that of the plaintiff's Trade Mark XY and the goods are similar and of the same description. 10. The defendant's Trade Mark has been so much similar to the plaintiff's Trade Mark that the defendant has been passing off its goods as those of the plaintiff's goods and/or the defendant is enabling the others to do so and thus the defendant is deriving the ultimate benefit out of the reputation and goodwill of the plaintiff which the plaintiff was enjoying during the last several years. Such goodwill and reputation were created at a huge cost of the plaintiff. 11. The plaintiff states that the conduct of the defendant in respect of sale and advertisement of its products has been fraudulent and deceptive in nature inasmuch as the same are calculated to deceive the purchasers of the plaintiff's goods into believing that the products of the defendant are very much similar to and very much connected with the plaintiff. Thus the public have been made to wonder about the source or origin of the products which are very much the same and/or of similar description. 12. The defendant is by reason of such sales and advertisements causing great loss and injury to the public and to the plaintiff. The plaintiff has suffered and is still suffering and will continue to suffer substantial loss and injury if the defendant continues with its wrongful acts. Until full discovery is made about the sales of the products of the defendant the plaintiff is unable to quantify the total amount of financial loss suffered by it and is likely to be suffered by the plaintiff due to the wrongful acts of the defendant. 13. The financial loss or injury caused to the plaintiff by the wrongful acts and conduct of the defendant cannot be ascertained and as such the compensation in money cannot be adequate and sufficient relief for the damages and loss suffered and/or likely to be suffered by the plaintiff. 14. The plaintiff claims delivery up of the infringing dies, blocks, labels etc. for cancellation and destruction. The plaintiff states that the defendant is not entitled to sell its products or advertise the same in the market under the Trade Mark XZ and as such the defendant should be restrained from selling its products under the Mark XZ or giving any publicity in respect thereof. 15. The plaintiff's cause of action for the suit is arising day-to-day inasmuch as the defendant is passing off its products as the products of plaintiff, inter alia, in Mumbai and Chennai outside the said jurisdiction and in Mumbai within the jurisdiction of this Hon'ble Court day to day and every day till date and intends to continue to do so. 16. The plaintiff's substantial cause of action arose in Mumbai where the defendant sold its products wrongly under the Trade Mark XZ similar to the mark of plaintiff deceiving the general public into believing that they have been purchasing the goods of the plaintiff1. The office of the Trade Marks Registry is situated at Chowringhee Road, Mumbai, within the jurisdiction of this Hon'ble Court where the plaintiff's said Trade Mark XY is registered. As the said passing off took place both outside and within the said jurisdiction the plaintiff prays for leave under cl. 12 of the Letters Patent to institute this suit in this Hon'ble Court inasmuch as part of the cause of action arosewithin the jurisdiction of the Hon'ble Court and part of the cause of action arose in Chennai where the defendant is manufacturing the goods and packing the same with the deceptive Mark XZ and selling the same with the object of passing off the same as goods of the plaintiff outside the jurisdiction of this Hon'ble Court. 17. The plaintiff has other causes of action and also other claims for the continuing infringement of the plaintiff's Trade Mark and passing off the products of the defendant as the product of the plaintiff and as such the plaintiff has other claims which cannot be ascertained now and prays for leave under Or. 2, r. 2 of the Code of Civil Procedure 1908 to take further and appropriate legal proceedings in such Forum as the plaintiff may be advised. 18. For the purposes of jurisdiction and court fees the suit is valued at Rs...............on...............which court fees in stamps have been paid and as such this Hon'ble Court has the jurisdiction to entertain, try and determine this suit. 19. The plaintiff therefore prays for leave under Clause 12 of the Letters Patent under Or. 2, r. 2 of the Code of Civil Procedure 1908 and claims: (a) Permanent Injunction restraining the defendant, its agents, servants and representatives from wrongfully selling the products or offering for sale or otherwise dealing in any goods similar to the goods of the plaintiff under the Trade Mark XZ or any other Mark deceptively similar to plaintiff's Trade Mark XY; (b) A Decree for accounts of the profits earned by the defendant by wrongful use of the mark XZ similar to the mark of the plaintiff's Trade Mark XY and a decree for such amount in favour of the plaintiff against the defendant as may be found due on taking the accounts; (c)An enquiry into the damages suffered by the plaintiff due to the wrongful acts of the defendant and a decree against the defendant for the sumfound due on such enquiry; (d)Decree for delivery up of the infringing dies, blocks, labels, etc. including the packing and advertising materials and destruction thereof; (e)Receiver; (f) Attachment;  (g) Injunction;  (h) Costs; (i) Further and other reliefs as the plaintiff is entitled to in law and in equity. Name and address of the plaintiff's Advocate                                                             Signature of the plaintiff Verification I……………..son of…………by occupation service residing at…………do hereby solemnly affirm and say as follows: I am a principal officer and the Constituted Attorney of the plaintiff and as such I am competent to sign this plaint and all petitions, Vakalatnamas and affirm affidavits on behalf of the plaintiff. I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose thereto. The statements contained in the paragraphs 1 to 16 of the foregoing plaint including the cause title thereof are true to my knowledge based on records maintained by the plaintiff and believed by me to be true and those mentioned in paragraphs 17 to 19 are my humble submissions before this Hon'ble Court. Solemnly affirmed by the said Mr……………….at the Court House in Mumbai on this…….day of 2010                                                                                               Sd/.                                                            Before me Commissioner

Licence to use trade mark THIS DEED OF LICENCE is made on this 11th day of November 2010 between RP Co. Ltd., a company registered under the appropriate laws of the USA and carrying on business at San Francisco, USA, hereinafter called the licensor (which term shall unless excluded by or repugnant to the context include its successors and assigns) of the one part and AB Co. Ltd. a company registered under the Companies Act 1956 and carrying on business at ............. hereinafter referred to as the licensee (which term shall unless excluded by or repugnant to the context include its permitted nominees) of the other part. WHEREAS the licensor is the manufacturer of and dealer in Computers for office purposes and hold the registered Trade Mark COMOF being Trade Mark No. 5 in Class No. I in respect of Computers for office purposes. AND WHEREAS the LICENSOR intends to expand its business and sell its products under its Trade Mark in India and Eastern Asia. AND WHEREAS the licensee in India has a manufacturing Unit to manufacture Computers. AND WHEREAS the licensee has approached the licensor to grant licence to use the Licensor's Trade Mark COMOF for sale of the products manufactured by the LICENSEE. AND WHEREAS the licensor has agreed to allow the licensee to use its said Trade Mark COMOF to sell the Licensee's products on certain terms and conditions. Now THEREFORE THESE PRESENTS witnesseth and the parties hereby agree as follows: 1. The LICENSOR hereby doth grant to the LICENSEE non-exclusive right to use the Licensor's Trade Mark COMOF in India and Eastern Asia for sale of its computers, components and parts under the Trade Name COMOF. 2. The use of the Trade Mark by the licensee shall be confined only to the items that might be manufactured by the licensee at its own factory. The licensee shall pay half-yearly to the licensor licence fee at the rate of 10% on the turnover of business of the licensee and such payment to be made by 30th June and 31st December every year. 3. The licensee shall comply with the requirements and provisions of all laws rules and regulations in relation to manufacture and sale of computers and its components under the said Trade Mark of the licensor. 4. The licensee shall manufacture and sell computers under the said Trade Mark COMOF in accordance with the specifications, make-up, brand and packing that the LICENSOR may from time to time intimate to the LICENSEE. 5. The licensor shall have access to the manufacturing unit of the Licensee and to inspect the Licensee's books of accounts and other records at all reasonable times on giving prior notice. 6. The licensee agrees, declares and covenants not to use the said Trade Mark or advertise or publish in newspapers and journals or in labels or in any other documents or packages or do anything having the effect of diluting the distinctiveness of the trade mark of the licensor and the licensee shall give indications either visually or phonetically to the purchasing public that the licensee is using the Trade Mark COMOF as the licensee of the licensor. 7. The licensee undertakes to compensate the licensor and keep the licensor harmless from and indemnified against all claims, proceedings, losses, costs and expenses for any wilful or negligent conduct of the licensee in relation to the use of the Trade Mark of the licensor. 8. The licensee shall not acquire any right of registration of the Trade Mark by virtue of the licensee manufacturing and selling computers as user of the Trade Mark COMOF for any number of years or after termination of the licence or otherwise. 9. The licensee shall inform the licensor any infringement of the Licensor's Trade Mark COMOF with particulars of the infringement or passing off and the names and addresses of the offenders. 10. The licensor shall take and/or permit the licensee to take all possible legal steps for the protection and preservation of the Trade Mark and prevention of its infringement or passing off by any person. 11. This agreement is terminable by giving 3 months notice from either side. 12. In any legal proceedings or in any action against the infringement or passing off in relation to the Trade Mark of the goods covered by the Licence the licensee will take appropriate steps to protect the interests of the licensor and allow the licensor to take any legal action or steps and to join the licensee as a party therein. The Schedule IN WITNESS WHEREOF the parties herein have executed these presents on the day, month and year first above-written. Signed, sealed and delivered by Mr……………the Constituted Attorney of RP Co. Ltd. in the presence of: 1                                                                   Signature 2 Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

IN THE HIGH COURT OF JUDICATURE OF ……………. CAVEAT No ………….. of …………. Between : A.B.                     … Caveator And C.D.                     … Respondents Affidavit filed on behalf of the Caveator U/s. …………….             of C.P.C. I, Mr…………………………………………………………………………………....,  an adult Indian inhabitant within the jurisdiction of this Hon'ble Court do hereby solemnly affirm and state as follows:   2. I submit that I am the absolute owner in possession and enjoyment of the schedule property and Respondents have nothing to do with the same.  To cause harassment and wreck vengeance against me, the respondents are threatening to institute Civil Suit or Suits against me and seek Ex parte  Order like Injunction, appointment of Commissioner, appointment of Receiver etc., in which case.  I must be put on notice failing which I will be put to serious loss. 3. I also submit that for the reasons stated above it is prayed that this Hon'ble Court may be pleased to lodge a Caveat in …………………………………………………………………………………………………. and order notice of all urgent applications and pass such other suitable orders. Solemnly affirmed at ..................... Deponent on this …………….. day of.............. 20...... before me Advocate Download Word Document In English. (Rs.15/-)

Download Word Document In English. (Rs.60/-) Precedent No. 43 AFFIDAVIT: IN A RENT CONTROL APPEAL – SUPPORTING AN APPLICATION FOR STAY BEFORE THE HON'BLE DISTRICT COURT AND RENT CONTROL APPELLATE AUTHORITY, I.A. No of 20 In R.C.A. No of 20 Petitioner: Vs. Respondent: AFFIDAVIT of ,  S/o ,  aged years,    now residing in The deponent abovenamed hereby solemnly affirms and declares as follows:— The deponent is the applicant in the appeal referred to above and the petitioner in the accompanying petition. The deponent, being well conversant with the facts of the case, stands fully competent to swear to this affidavit. The deponent will be referred to as the petitioner hereinafter. The appeal referred to above has been preferred against the order allowing eviction of the petitioner herein, on the ground of misuse. It is the bona fide belief of the petitioner herein that the appeal referred to above will be allowed considering the fact that the grounds urged in the Memorandum of Appeal are valid and completely sustainable. The allegation of the misuse of the rented premises, as put by the respondent, is absolutely false and a mere figment of his over-working imagination employed by him with a view to forcibly evict the petitioner from the rented premises. It is respectfully submitted that mere keeping of the garments in one of the rooms of the rented premises does not, by any stretch of imagination, amount to misuse of the same. The petitioner brings back the unsold garments from his nearby shop due to lack of proper security in the area and there is not a grain of truth in the allegation that the petitioner has started using the rented premises to sell the garments. It is further submitted that the petitioner is a man of very limited means and has a large family to support and his eviction from the aforesaid premises would adversely affect his interests. As is abundantly clear, the respondent is bent upon employing the legal machinery to execute his malicious and dishonest intention of letting the rented premises to a third party at an exorbitant price. If the respondent is allowed to execute the order of eviction, pending the disposal of the appeal, it will cause irrepairable loss to the petitioner. 9. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court be pleased to stay all further proceedings pursuant to the order dated……………… R.C.P. No………………… of the Additional Munsiff (Rent Control) Court, pending final disposal of the above R.C.A. 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, belief and information 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. Prayer may be deleted from affidavit to possible extent.

Complaint for infringement of trade mark  Complainant                                                                                                       versus… Accused opposite party The humble petition of the Complainant above-mentioned most respectfully Sheweth: 1. RP Co. Ltd. is a manufacturer of and dealer in Computers for office purposes having its registered office in San Francisco, U.S.A. and a Branch at No. 1 D.N Road, Mumbai, Police Station Hare Street. 2. The complainant is the Registered Proprietor of the Trade Mark comop in respect of the computer for office purposes and its components being Registered Trade Mark No. 5 in Class I in respect of Computers for office purposes and its components. A certified copy of the registration of the said Trade Mark which is subsisting is annexed hereto marked 'A'. 3. The complainant made application for registration of the said Trade Mark at the Trade Mark Registry, 15/1 Jawaharlal Nehru Road, Mumbai within the jurisdiction of this Learned Court. The said application was advertised in Trade Marks Journal No. 6 dated………..at page 10. A Xerox copy of the said advertisement as appearing in the said Journal in relation to the said Trade Mark is annexed hereto marked 'B'. 4. The said Trade Mark is valid and subsisting and will remain to be so for another three years. 5. The complainant is the Registered Proprietor of the said Trade Mark and has been using the same in India and abroad since last several years. 6. The complainant has spent huge sums of money for advertisement in respect of the said Trade Mark. Particulars of expenses are given in a Schedule annexed hereto marked 'C- 7. The sale of the computers under the said Trade Mark both in Indian market and in foreign markets for the last 10 years are given in a schedule annexed hereto marked 'D'. 8. The complainant has been spending huge sums of moneys in carrying out the sales promotion and publicity of its products under the said Trade Mark and built up high reputation about the goods, goodwill and utility of its products and the name has been associated in the minds of the purchasing public with the name of the complainant and no one else and the said Trade Mark and no other Trade Mark. Such reputation and goodwill are still enjoyed by the complainant in Mumbai and elsewhere in India and abroad. 9. The complainant has recently come to know that the accused opposite party is using an identical Trade Mark in respect of computers for office use with similar description to those of the complainant and selling the same in the market in Mumbai. The accused opposite party has also issued advertisements and leaflets and packing materials/cashmemos which will show that the name of the complainant has been falsely used by the accused opposite party. Copies of certain cash memos, advertisement materials and cartons and labels are annexed hereto collectively marked 'E'. 10. The accused opposite party made deceptive sales of and deceptive advertisements in Mumbai within the police station Hare Street and within the jurisdiction of this Learned Court. The office of the accused opposite party is also situated within the Police Station Hare Street, Mumbai and the advertisements of the complainant's Trade Mark also appeared in the newspapers appearing in places within the Police Station Hare Street, Mumbai within the jurisdiction of this Learned Court. 11. The complainant is the Registered Proprietor of the said Trade Mark and is using the same and the said Trade Mark has acquired high reputation as will be evident from the documents annexed hereto as also the fact of deceptive use of the identical mark in respect of the computers for office purposes and/or of similar description by the accused opposite party and "false trade description" within the meaning of s. 2(1)(f) of Trade and Merchandise Marks Act 1958. The accused opposite party has falsified the said Trade Mark of the complainant inasmuch as the accused has used the Trade Mark without the assent of the complainant, the Registered Proprietor of the Trade Mark, and has made and used that Trade Mark as deceptively similar Mark. The accused opposite party has thus committed offence under s. 57(1) of the Trade and Merchandise Marks Act 1958. 12. The accused opposite party has falsely applied the complainant's Trade Mark to the accused's own goods on packages and cartons containing those goods, namely, computers for office purposes without the assent of the complainant being the Registered Proprietor of the said Trade Mark com of. The accused opposite party has thus committed offence under s. 77(2) of the Trade and Merchandise Marks Act 1958. 13. The accused opposite party has packed, wrapped and put in cartons sub-standard products for sale to the unwary purchaser falsifying the complainant's said Trade Mark COMOF thereon and thus the accused has also committed an offence under s. 420 of the Indian Penal Code. 14. The accused opposite party has committed offences under the said Trade and Merchandise Marks Act 1958 under ss. 78 and 79 thereof and also under the Indian Penal Code and is thus liable to be punished accordingly. 15. The complainant submits that cognizance should be taken of the offences committed by the accused opposite party and processes issued and the accused be tried and punished in accordance with the provisions of law. 16. The said offences have been committed, inter alia, at places within the Police Station Hare Street, Mumbai and the accused also carried on business and/or is situated at a place within the Police Station Hare Street, Mumbai within the jurisdiction of this Learned Court. 17. Your petitioner therefore prays Your Honour to issue process against the accused opposite party for offence committed under ss. 77, 78 and 79 of the Trade and Merchandise Marks Act 1958 and under s. 420 of the Indian Penal Code and to try and punish him in accordance with law. Verification I.........son of 2010 by occupation service working for gain at 1 D.N Road, Mumbai do hereby solemnly affirm and say as follows: I am the Constituted Attorney and a principal officer of the RP Co. Ltd. at its Mumbai Office, I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose thereto. I am duly authorised and competent to make the present complaint and also sign the verification.  I do make verify the complaint for and on behalf of RP Co. Ltd. The statements in paragraphs Nos. 1 to 14 above are true to my knowledge based on information derived from record maintained by RP Co. Ltd. at its Mumbai Office and believed by me to be true and those in paragraph Nos. 15 and 16 hereof are my humble submissions to this Learned Court. Solemnly affirmed by the said Mr. ..................-at Court House  at Bank shall Street,  Mumbai on this 15th day  of November 2010. Before me Magistrate Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.30/-)

Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) SUIT BY PRINCIPAL AGAINST AGENT FOR MISCONDUCT / NEGLIGENCE Nature of grievance: Suits by principals against agents: Where an “Agent” misconducts or neglects in his duties towards the “Principal” – A Suit may be filed for the rendition of Accounts, within 3 years from the date, when the principal becomes aware of the alleged misconduct or neglect of the “Agent”, under Article 4 of the Indian Limitation Act, 1963. Reliefs prayed: (As may be appropriate and applicable to the facts of one’s case) a)     That the Defendant be ordered and decreed to render true and correct Account, for being an Agent of the Plaintiffs, for the years ______; b)     That the Defendant be further ordered and decreed to pay such sum, as may be found due from him, on taking of such Accounts; c)     That the Defendant be further ordered and decreed to pay interest on the said aforesaid sum, as may be assessed. 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 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 – g)     That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of 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); h)     That pending the hearing and final disposal of the above suit, the Hon’ble Court, in the dues exercise of 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) i)       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 examination of Accounts of the Defendants for the years ______, and file Report before this Hon’ble Court; 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, 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. k)     Interim/ad-interim reliefs in terms of prayer clauses ______ as aforesaid. l)       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 the existence / subsistence of the Principal / Agent relationship: 2.      The facts showing the ceasing of the Principal / Agent relationship, if it is so: 3.      The incident of cessation of Agency: (a)       where an agency is terminated by the principal revoking his authority; (b)       by the agent renouncing the business of the agency; (c)       by the business of the agency being completed; (d)       by either the principal or agent dying or becoming of unsound mind; (e)       by the principal being adjudicated an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors. 4.      The Notice, if any, given by the Principal before terminating Agency: 5.      The facts showing that the Agent has misconducted or neglected in his duties towards the Principal: 6.      The facts showing that due to aforesaid misconduct / negligence, the Plaintiffs have suffered pecuniary and / or other losses: 7.      The facts showing that the Plaintiffs took all possible steps to mitigate / minimize the losses which has occasioned due to the aforesaid misconduct / negligence of Defendant:  [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. 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.100/-) Download PDF Document In Marathi. (Rs.95/-) Revision Application u/s 397 / 401 of CrPC Section 397: Challenging Improper framing of Charges or Irregular trial Instructions for drafting Parties to the Application: The Accused / convict would be the Applicants herein; and the concerned State would be the Respondents, alongwith the complainant, if there was a prosecution on a private complaint. Jurisdiction of Courts: 1.      The Sessions Court and the High Court have concurrent jurisdiction. However, Sessions Court must first be approached, despite the fact that if the Applicant loses in the Sessions Court, he cannot file second Revision, although he may adopt any other legal remedy like Application u/s 482 of CrPC, 1973 or may invoke Writ jurisdiction or Article 227 jurisdiction of High Court. 2.      For Sessions Court to exercise Revisional jurisdiction, the Magistrates Court must be situated within the local jurisdiction of the Sessions Court. 3.      For High Court to exercise Revisional jurisdiction, the Magistrates Court must be within its jurisdiction, that is to say, the Magistrate Court must be situated in the State in which High Court exercises its jurisdiction. Material facts to be pleaded: 1.      The facts showing that “Charge” was not formally framed in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of the said offence, and, in fact, serious prejudice has been caused thereby to the Applicant herein. 2.      The facts showing that there was error, omission or irregularity in the framing of charges in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of the said offence, and, in fact, serious prejudice has been caused thereby to the Applicant herein. 3.      The facts showing that there was misjoinder of charges, in respect of certain offences, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant herein, in respect of those offences, and, in fact, serious prejudice has been caused thereby to the Applicant herein. 4.      The facts showing that there was error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or there was error, or irregularity in any sanction for the prosecution, and failure of justice has in fact been occasioned thereby to the Applicant herein. 5.      The facts showing that no valid charge could be framed against the Applicant herein, having regards to the facts of the case and having regard to certain facts stands proved. Limitation period: The Limitation period is 90 days from the date of the impugned order (the order which is under challenge). The time taken in obtaining the certified copy of the impugned order is allowed to be deducted while calculating the limitation period. If there is delay in approaching the Court, a condonation Application may be filed alongwith the Revision Application, setting out therein the number of days of delay and the reasons / grounds to condone the said delay. Court fee : The Court fee would vary from State to State. In Maharashtra, the Court fee is paid on the basis of number of pages of documents annexed with the Revision Application, and Rs.5/- is charged for every two pages. Compliance to conditions, if any: If applicable: There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; Verification Clause: 1.      Whereas Parties to the litigation makes series of submissions and allegations against each other, it is a basic requirement of law that Parties must specify in the Verification clause, by reference to the numbered paragraphs of their pleadings, as what facts are which are true to their own knowledge; and what facts are based on the information, belief and legal advice. 2.      Further, Section 297(2) of CrPC, 1973, among other things, stipulates that whoever party is obliged to file an Affidavit in any of the proceedings before the Court, the said Party is obliged to specify in his said Affidavit, by reference to the numbered paragraphs of his affidavit, such facts as the deponent is able to prove from his own knowledge and such other facts he has reasonable ground to believe to be true; and in the latter case, the deponent is obliged to state the grounds of such belief. In the absence of such compliance, a proceedings cannot be said to be duly instituted, and is vulnerable to challenge to be dismissed. Affidavit is required to be filed in Complaints filed u/s 200 of CrPC, 1973, and in other proceedings initiated before the Magistrates Court, Sessions Court or before the High Court. 3.      The person verifying his pleadings is obliged to sign. The Person verifying is also required to state the date and the place at which it was signed. 4.      This requirement of law is based on the principle that whoever comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, vague or speculative facts. 5.      Therefore, the law requires that whatever is stated by the Party in his proceedings, he must clarify that which statement is made from his own knowledge and which statement is made, based on other information, or based on legal advice. 6.      This is significant from another perspective, where in cases, if the submissions made by the Party were turned out to be false, then, the said Party may be held guilty of perjury / contempt of the Court for knowingly making false statement and misleading the Court, in cases, where he had verified the concerned false Paras emanating from his own knowledge. 7.      The profound object of this verification clause therefore is to prevent or cease frivolous submissions / Applications. 8.      The consequences of not verifying correctly may entail penal consequences. The Apex Court, comprising three Judges Bench, in the case of S.R. Ramaraj Versus Special Court, Bombay, 2003, have inter alia, observed that, “A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law”. BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _______ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by _____ of                    Court at…………. INDEX SR.NO  DATE EXHIBIT       PARTICULARS PAGE   NOS 1 Proforma (Roznama) A to D     Application 1 to Vakalatnama (If any) List of Documents            “A” “B” “C” “D” “E” “F” “G” Affidavit in support of the Application _______________ Advocate for the Applicant OR Applicant – In – Person BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT ________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by ______ of                    Court at…………. Mr. / Ms._______________ Advocate for the Applicant OR Applicant – In – Person Office Notes, Office Memorunda of Corom. Appendices. Court’s order or Court’s of Judge’s Direction (This page is called proforma as stated in the Index. In sub-ordinate courts, on each of the hearing date, a very brief Note is prepared in respect of each of the matter which are listed on that day. In this Note, the Presiding Judge / Magistrate records (a) Name of the parties / Advocates who appeared on that day, (b) Applications or Affidavits or any other document filed, if any filed by any of the parties, (c) brief direction to both or any of the party to take any step in furtherance of the proceeding, (d) and next date of hearing along with the recording of next stage of the case. The blank pages are annexed with the Complaint bearing only the short title of the case. The aforesaid brief Note is pasted on this page. This Roznama is very important source of information (for recalling / refreshing) for both the parties as well as for the presiding Judge to acquaint themselves about the past happenings in the case.) BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… (1)________________) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Applicants (Original Accused) Versus (1)The State of _____) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by ______ of                    Court at…………. THE HUMBLE REVISION APPLICATION OF THE APPLICANT ABOVENAMED 1.      The facts of the case – (a) (b) (c) (d) 2.      Being aggrieved by the aforesaid impugned Order / judgment dated ______ Applicant begs to prefer this Revision Application on the grounds set out hereinafter. 3.      Infirmities in the impugned finding, sentence or Order: (The Applicant needs to deal with the observations made in the impugned findings, sentence or order, and assailing those, either on facts or on law or on both. 4.      GROUNDS FOR RELIEF (as may be applicable to the facts of the case) a)     It is a case where “Charge” was not formally framed in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of the said offence, and, in fact, serious prejudice has been caused to the accused thereby; or b)     It is a case where there was error, omission or irregularity in the framing of charges in respect of an offence, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of the said offence, and, in fact, serious prejudice has been caused to the accused thereby; or c)     It is a case where there was misjoinder of charges, in respect of certain offences, and a finding, sentence or order was passed by a Court of competent jurisdiction against the Applicant, in respect of those offences, and, in fact, serious prejudice has been caused to the accused thereby; or d)     It is a case where there was error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, and failure of justice has in fact been occasioned thereby; or e)     It is a case where no valid charge could be framed against the Applicant herein having regards to the facts of the case and having regard to certain facts stands proved. 5.      The main points to be emphasized upon: 6.      Jurisdiction of the Court: A Para narrating facts that this court has jurisdiction to entertain the present Application. 7.      The Applicant states that no other Revision Application, except the present one, has been filed against the impugned finding, Sentence, Order, before this Hon’ble Court. 8.      The Applicant craves leave to refer and rely upon certain exhibited documents, and would rely upon authorities, in support of Applicant’s case. 9.      The Applicant craves leave to add, amend, delete any of the foregoing Paras / grounds, with the leave of this Hon’ble Court. 10. That the present Revision Application has been filed within the prescribed period of limitation. 11. The Applicant therefore, most humbly prays – a)     To call for the records and proceedings of this Case from the Ld. Magistrates Court / Sessions Court; b)     To quash and set aside the impugned finding / Sentence / Order dated _____; c)     Be pleased to pass order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge. d)     Be pleased to direct a new trial to be had upon a charge framed in whatever manner the Hon’ble Court thinks fit; e)     Be pleased to quash the conviction recorded against the Applicant herein; f)      Pending the hearing and final disposal of the present Application, the operation of impugned finding / Sentence / Order be stayed; g)     The impugned finding, sentence be reversed or altered to the extent __________ ; h)     To pass such other and further Order and to grant such further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case. FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR ____________ Applicant ___________ Advocate for the Applicant VERIFICATION I, ________________the Applicant do hereby state on solemn affirmation that what is stated in the paragraphs ___ to ____ is true to my own knowledge and what is stated in paragraphs ______ to ______ is based on the information, belief and legal advice, and I believe the same to be true and correct. (Solemnly affirmed at _________) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate Before me VAKALATNAMA BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by ______ of                    Court at…………. To, Registrar / Registrar General The Sessions Court / _____ High Court Sir / Madam,              I / We,  ____________, the Applicant/s, in the above case, do hereby appoint Mr. ____________, Advocate, to act, appear and plead for me and on my behalf in the above matter. In witness whereof, I / we have set and subscribed my / our hands to this writing at ______                         Dated this     day of ______ 20____                                                                                                 __________ Applicant Accepted, Mr.______________ Advocate for ______                      ___________________ __________________ __________________ ___________________ Mobile No:________ Email Id:_________ Adv. Code: BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… ______________                                                     …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by ______ of                    Court at…………. LIST OF DOCUMENTS RELIED UPON 1.      Exhibit “A”:  2.      Exhibit “B”: 3.      Exhibit “C”:   4.      Exhibit “D”:  5.      Exhibit “E”:   6.      The documents referred and relied upon in the Application; 7.      The documents in the possession of the Respondents; 8.      Any other document, with the leave of the Hon’ble Court. _______________ Advocate for the Applicant OR Applicant – In – Person The copy Exhibits / documents annexed in the Application BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by ________ of                    Court at…………. AFFIDAVIT IN SUPPORT OF THE APPLICATION                         I, ______Adult, aged about___ Indian Inhabitant of _______ / authorized signatory, the Applicant herein residing at _______ do hereby state on solemn affirmation as under – 1.      I say that I am conversant with the facts of the present Application I am therefore able to depose to the same. I have filed the above Application seeking prayers more particularly mentioned in the Application. 2.      I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions made in the Application as if the same are specifically set out herein and form part and parcel of this affidavit. I affirm and verify the correctness of the each and every statement, submissions and contentions as set out in the Application. 3.      I further say that, facts which are set out in the Application at Paras ______ are based on information and belief and I believe it to be true, on the ground that _________. ____________ Applicant ___________ Advocate for the Applicant VERIFICATION I, ________________the abovenamed Applicant do hereby verify the contents of what is stated in the aforesaid paragraphs ___ to ____ are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein is false and nothing has been concealed.  (Solemnly affirmed at Mumbai) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate for the ……

Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.145/-) Section 482  Quashing of F.I.R. --Summons Instructions for drafting Parties to the Application: The original Accused would be the Applicant; and the original complainant and the concerned State would be the Respondents. Jurisdiction of Courts: The High Courts have exclusive jurisdiction to entertain these Applications. 1.      Section 482 of CrPC, 1973, recognizes the inherent powers of the High Courts to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 2.      Some of the landmark rulings of Apex Court which illustrate the scope and powers of High Courts to grant relief under this jurisdiction. Para 18: In State of Haryana & Ors. (appellant) v. Bhajan Lai & Ors. (respondents) [1990], this Court after referring to various decisions of this Court, enumerated various categories of cases by way of illustration wherein the inherent power under Section 482 of the Code should be exercised by the High Court. They are: (1) Where the allegations made in the first information report or the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence; justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same; do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 3.      In Som Mittal v. Govt. of Karnataka [2008], the Supreme Court, among other things, said, when it is brought to the notice of the Court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is allowed to linger when prima facie it appears to Court that the trial would likely to be ended in acquittal. In other words, the inherent power of the Court u/s 482 of the Code of Criminal Procedure can be invoked by the High Court either to prevent abuse of process of any Court or otherwise to secure the ends of justice. 4.      In R.P. Kapur v. State of Punjab [1960] this Court summarized some of the categories of cases where inherent power should be exercised to quash a criminal proceeding against the accused, stating: (i) Where it manifestly appears that there is a legal bar against the institution or continuance e.g. Want of sanction; (ii) Where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) Where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. 5.      The inherent powers of the HC is a wide and wholesome power. If the court has to examine and determine whether the continuation of criminal proceedings would be just or would be improper, there is no reason why there should be any limitation on the powers of the court to look into all the materials available on record. There is nothing in law to place any such limitation on the powers of the HC. Surendra Kumar Yadav versus State of Bihar – [1989 Patna HC]. In the case of State of Bihar vs. Muradali Khan and others, the Apex Court held as under [1989] …..When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in court which decides the fate of the .accused person. The allegations of mala fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceeding. [See Dhanalakshmi v. R. Prasanna Kumar, State of Bihar v. P.P. Sharma, RupanDeol Bajaj v. Kanwar Pal Singh Gill, State of Kerala v. O.C. Kuttan, State of U.P. v. O.P. Sharma, Rashmi Kumar v. Mahesh Kumar Bhada, SatvinderKaur v. State (Govt. of NCT of Delhi), Rajesh Bajaj v. State NCT of Delhi and State of Karnataka v. M. Devendrappa.]" (emphasis supplied). Material facts to be pleaded: In so far quashing of F.I.R is concerned – The facts showing that 1.      The allegations made in the F.I.R., even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the Applicant; 2.      The allegations  made in the F.I.R. 156(3) Application and other materials, accompanying the said F.I.R. do not disclose any cognizable offence, justifying an investigation by police; 3.      The allegations made in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, where no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code; 4.      The allegations made in the F.I.R. are so vague, absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground to call for any investigation by the Police; 5.      There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; 6.      The criminal proceeding is manifestly attended with mala fide and/or the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite them due to private and personal grudge. 7.      That the impugned Order is contrary to law and contrary to material evidences which are on record; 8.      That the Courts below committed an error in appreciating the material evidences on record; 9.      That the Courts below failed to appreciate the credible material evidence on record. In so far challenge to issuance of Summons / Warrant u/s 204 of CrPC is concerned – The facts showing that 1.      The allegations made in the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence; 2.      The allegations made in the complaint and the evidences furnished in support of the same, do not disclose the commission of any offence by the Applicants, and do not make out any case against the Applicant; 3.      That there are merely general allegations against the Applicants, without any specific attribution of incriminating acts and omissions, and the whole complaint against the present Applicants is based on speculation of facts, assumptions, imaginations and guessing; 4.      That there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied; 5.      That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution; 6.      That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with; 7.      There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; Limitation period to initiate Criminal Complaint u/s200: There is no limitation period. Court fee: No Court fee. Verification Clause: 1.      Whereas Parties to the litigation makes series of submissions and allegations against each other, it is a basic requirement of law that Parties must specify in the Verification clause, by reference to the numbered paragraphs of their pleadings, as what facts are which are true to their own knowledge; and what facts are based on the information, belief and legal advice. 2.      Further, Section 297(2) of CrPC, 1973, among other things, stipulates that whoever party is obliged to file an Affidavit in any of the proceedings before the Court, the said Party is obliged to specify in his said Affidavit, by reference to the numbered paragraphs of his affidavit, such facts as the deponent is able to prove from his own knowledge and such other facts he has reasonable ground to believe to be true; and in the latter case, the deponent is obliged to state the grounds of such belief. In the absence of such compliance, a proceedings cannot be said to be duly instituted, and is vulnerable to challenge to be dismissed. Affidavit is required to be filed in Complaints filed u/s 200 of CrPC, 1973, and in other proceedings initiated before the Magistrates Court, Sessions Court or before the High Court. 3.      The person verifying his pleadings is obliged to sign. The Person verifying is also required to state the date and the place at which it was signed. 4.      This requirement of law is based on the principle that whoever comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, vague or speculative facts. 5.      Therefore, the law requires that whatever is stated by the Party in his proceedings, he must clarify that which statement is made from his own knowledge and which statement is made, based on other information, or based on legal advice. 6.      This is significant from another perspective, where in cases, if the submissions made by the Party were turned out to be false, then, the said Party may be held guilty of perjury / contempt of the Court for knowingly making false statement and misleading the Court, in cases, where he had verified the concerned false Paras emanating from his own knowledge. 7.      The profound object of this verification clause therefore is to prevent or cease frivolous submissions / Applications. 8.      The consequences of not verifying correctly may entail penal consequences. The Apex Court, comprising three Judges Bench, in the case of S.R. Ramaraj Versus Special Court, Bombay, 2003, have inter alia, observed that, “A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law”. IN THE HIGH COURT OF JUDICATURE AT _______ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20___ Application u/s 482 of CrPC, 1973 _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) INDEX Sr. No. Particulars Exhibit Page No. 1 Synopsis, Authorities, Points to be urged 2 Memo of Application 4 “A” 5 “B” 6 “C” 7 “D” 8 “E” 9 “F” 10 Vakalatnama IN THE HIGH COURT OF JUDICATURE AT ________ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20___ Application u/s 482 of CrPC, 1973 _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) SYNOPSIS Sr.No . Date Particulars Exhibit 1 2 3 4 5 6 THE ACTS TO BE RELIED UPON The Criminal Procedure Code, 1973 The IPC / Negotiable Instruments Act, 1881 Any other as may be applicable. THE AUTHORITIES TO BE CITED Judgment at the time of hearing. THE POINTS TO BE URGED (a) “acts” and “omission” attributed towards the accused person in the FIR / Complaint does not constitute any offence; or (b) No incidence of offence as alleged in the FIR / Complaint has happened; or (c) the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons ; (d) There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials. (e) That Article 21 of the Constitution of India commands that “No person shall be deprived of his life and liberty” except according to the procedure established by law. In Criminal jurisprudence, the only safeguard available to an innocent person is the “scrupulous and strict adherence” to the procedure prescribed in concluding the “guilt of the accused person”. Thus, whenever, any of the “prescribed procedure” is not “duly followed and complied with”, and where such non compliance, expressly or by necessary implication, frustrate the personal liberty of the accused person, the violence to fundamental right of the accused enshrined under Article 21 of the Constitution is imminent. And therefore the impugned Order of the Ld. Magistrate is in breach of fundamental right of the Applicant, enshrined under Article 21 of the Constitution of India. (f) That it is elementary principle of criminal jurisprudence that criminal liability arises on account of conduct, act or omission on the part of a person and not merely on account of holding an office or position in a Company. (g) That institution of any judicial proceedings against a person carries an implicit degree of coercion and no judicial proceedings should be triggered at the whims and fancies of the litigants, which otherwise amounts to sheer harassment, embarrassment, and substantial expenses to the person saddled with unwarranted litigation and most importantly, causes the waste of the precious time of the court in hearing the frivolous and meritless litigations. IN THE HIGH COURT OF JUDICATURE AT _________ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20__ Application u/s 482 of CrPC, 1973 IN THE MATTER OF Sections 482 and ____ of Criminal Procedure Code, 1973; AND Sections ____ of the IPC / Negotiable Instruments Act, 1881;                 AND FIR registered  / Impugned Order passed by Ld. Magistrate in Criminal Complaint (Full title) _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) THE HONOURABLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THE HONOURABLE HIGH COURT OF JUDICATURE AT _________ THE HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED                                                              MOST RESPECTFULLY SHEWETH. 1.      A very brief introduction of the parties to the case. 2.      The brief facts of the case which are germane to the present controversy, are – (a)  The Applicants state that pursuant to FIR / Complaint No._____ dated ________ filed by the Respondent No.2 hereinabove, the concerned SHO of the said Police station registered an FIR / Ld. Magistrate passed an Order dated ____, inter alia, for the issuance of Process against the Applicants, returnable on _______. Hereto annexed and marked as Exhibit “B” the copy of impugned Order dated _____ and Exhibit “C” the copy of FIR / Complaint filed by Respondent No.2 dated _____ (b)    (c)    (d)  Being aggrieved by the aforesaid impugned Order dated ______ Applicant invokes the inherent jurisdiction of this Hon’ble Court recognized u/s 482of CrPC, 1973, on the grounds set out hereinafter. 3.      Infirmities in the impugned Order: (The Applicant needs to deal with the observations made in the impugned order, and the findings recorded in pursuant thereto, and assailing those observations and findings, either on facts or on law or on both.  Please refer (Link of Illegal / perverse orders of the Court, grievance LG 19). Where in case it is argued that the allegations made in the F.I.R. / Application 156(3) / Complaint do not constitute any offence, then, with the aid of table of offence stated hereinafter, it may be demonstrated that the acts and omissions attributed towards the present Applicants do not constitute any offence. 4.       The Applicant says that the table hereinbelow, in the first column lay down certain ingredients of the applicable offence / facts to be proved, and, then in the next column, spells out the facts alleged against the Applicant, clearly indicating that no offence can said to be committed by the present Applicants. (Therefore, the Applicant has to set out in the table, against each of the ingredient, the relevant portion of his Application / pleading, which would demonstrate that the requirement of respective ingredient of the offence is not met, or in the alternative, the Applicant may mention the Para number of his Application which sets out the factual aspect of the present case indicating the non-existence of the particular respective ingredient of the offence.) 5.      Other submissions, if any. 6.      The Applicants state that after careful reading of FIR / Complaint as a whole, it can safely be argued that (as may be applicable to the facts of the case) – In so far quashing of F.I.R is concerned – a)     The allegations made in the F.I.R., even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the Applicant; b)     The allegations  made in the F.I.R. 156(3) Application and other materials, accompanying the said F.I.R. do not disclose a cognizable offence, justifying an investigation by police; c)     The allegations made in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, where no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code; d)     the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons; e)     The allegations made in the F.I.R. are so vague, absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground to call for any investigation by the Police; f)      There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; g)     The criminal proceeding is manifestly attended with mala fide and/or the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite them due to private and personal grudge. h)     That the impugned Order is contrary to law and contrary to material evidences which are on record; i)       That the Courts below committed an error in appreciating the material evidences on record; j)       That the Courts below failed to appreciate the credible material evidence on record. In so far challenge to issuance of Summons / Warrant u/s 204 of CrPC is concerned – a)     The allegations made in the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence; b)     The allegations made in the complaint and the evidences furnished in support of the same, do not disclose the commission of any offence by the Applicants, and do not make out any case against the Applicant; c)     That there are merely general allegations against the Applicants, without any specific attribution of incriminating acts and omissions, and the whole complaint against the present Applicants is based on speculation of facts, assumptions, imaginations and guessing; d)     That there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied; e)     That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution; f)      That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with; g)     There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; h)     There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials. 7.      The Applicants submit that Article 21 of the Constitution of India commands that “No person shall be deprived of his life and liberty” except according to the procedure established by law. In Criminal jurisprudence, the only safeguard available to an innocent person is the “scrupulous and strict adherence” to the procedure prescribed in concluding the “guilt of the accused person”. Thus, whenever, any of the “prescribed procedure” is not “duly followed and complied with”, and where such non compliance, expressly or by necessary implication, frustrate the personal liberty of the accused person, the violence to fundamental right of the accused enshrined under Article 21 of the Constitution is imminent. And therefore the impugned Order of the Ld. Magistrate is in breach of fundamental right of the Applicant Nos.3, 5 and 6, enshrined under Article 21 of the Constitution of India. 8.      The Applicants submit that institution of any judicial proceedings against a person carries an implicit degree of coercion and no judicial proceedings should be triggered at the whims and fancies of the litigants, which otherwise amounts to sheer harassment, embarrassment, and substantial expenses to the person saddled with unwarranted litigation and most importantly, causes the waste of the precious time of the court in hearing the frivolous and meritless litigations. 9.      Grounds for Relief: (as may be applicable to the facts of the case) – In so far quashing of F.I.R is concerned – a)     The allegations made in the F.I.R., even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the Applicant; b)     The allegations  made in the F.I.R. 156(3) Application and other materials, accompanying the said F.I.R. do not disclose a cognizable offence, justifying an investigation by police; c)     The allegations made in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, where no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code; d)     the FIR / Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons; e)     The allegations made in the F.I.R. are so vague, absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground to call for any investigation by the Police; f)      There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; g)     The criminal proceeding is manifestly attended with mala fide and/or the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite them due to private and personal grudge. h)     That the impugned Order is contrary to law and contrary to material evidences which are on record; i)       That the Courts below committed an error in appreciating the material evidences on record; j)       That the Courts below failed to appreciate the credible material evidence on record. In so far challenge to issuance of Summons / Warrant u/s 204 of CrPC is concerned – a)     The allegations made in the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence; b)     The allegations made in the complaint and the evidences furnished in support of the same, do not disclose the commission of any offence by the Applicants, and do not make out any case against the Applicant; c)     That there are merely general allegations against the Applicants, without any specific attribution of incriminating acts and omissions, and the whole complaint against the present Applicants is based on speculation of facts, assumptions, imaginations and guessing; d)     That there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied; e)     That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution; f)      That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with; g)     There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; h)     There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials. 10. The Applicants submit that there has been no delay in preferring this Application. 11. Jurisdiction Clause: The Applicants state that the impugned Order is passed by______ at ______Court at _____;. The Applicants states that, therefore, this Hon’ble Court can safely invoke their jurisdiction to entertain the present Application and grant reliefs as prayed; and pass authoritative Orders against the Respondents. 12. The Applicants further submit that Applicants have not filed any other proceedings in any Court of law or in the Supreme Court, against the Respondents herein, in respect of the reliefs prayed in this Application. 13. The Applicants, with the leave of the Hon'ble Court, be allowed to add / amend / delete any clause in the present Application. 14. The Applicants therefore, most respectfully pray as under – (a)  That the impugned FIR / Order of issuance of Summons / Warrant by the Ld. Magistrate at ___ Court at _____in the above Complaint No., dated ___ against Applicant Nos._____, be quashed and set aside; (b)  That during the pendency of the present Application, execution of impugned Order dated _______ and proceedings in the above Complaint be stayed; / Police would not take any coercive action against Applicant herein; (c)  Any other relief as this Hon’ble Court deems fit having regard to facts and circumstances of the case. _____________ Advocate for the Applicants _______ Applicant Verification I, _______,  the  Applicant hereinabove,  do  hereby  solemnly  declare  that what  is  stated  in  Paras ____ are  true  to my own  knowledge, and what  is  stated  in  Paras ______ are based on information and legal advice which I  believe to be true and correct. Solemnly  declared  at  _______                     )  This      Day  of _____, 20___               )  Applicant Before me VAKALATNAMA IN THE HIGH COURT OF JUDICATURE AT _________ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20___ Application u/s 482 of CrPC, 1973 (Full title) _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) To, Registrar General  _____ High Court Sir / Madam,              I / We,  ____________, the Applicant/s, in the above case, do hereby appoint Mr. ____________, Advocate, to act, appear and plead for me and on my behalf in the above matter. In witness whereof, I / we have set and subscribed my / our hands to this writing at _______.                         Dated this     day of ______ 20____                                                                                                 __________ Applicant Accepted, Mr.______________ Advocate for ______                      ___________________ __________________ __________________ ___________________ Mobile No:________ Email Id:_________ Adv. Code: IN THE HIGH COURT OF JUDICATURE AT _________ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20___ Application u/s 482 of CrPC, 1973 _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) LIST OF DOCUMENTS RELIED UPON 1.      Exhibit “A”:  2.      Exhibit “B”: 3.      Exhibit “C”:   4.      Exhibit “D”:  5.      Exhibit “E”:   6.      The documents referred and relied upon in the Application; 7.      The documents in the possession of the Respondents; 8.      Any other document, with the leave of the Hon’ble Court. _______________ Advocate for the Applicant OR Applicant – In – Person The copy Exhibits / documents annexed in the Application IN THE HIGH COURT OF JUDICATURE AT _______ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. _________OF 20___ Application u/s 482 of CrPC, 1973 _______________                                      …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) AFFIDAVIT IN SUPPORT OF THE APPLICATION                         I, ______Adult, aged about___ Indian Inhabitant of _______ / authorized signatory, the Applicant herein residing at _______ do hereby state on solemn affirmation as under – 1.      I say that I am conversant with the facts of the present Application I am therefore able to depose to the same. I have filed the above Application seeking prayers more particularly mentioned in the Application. 2.      I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions made in the Application as if the same are specifically set out herein and form part and parcel of this affidavit. I affirm and verify the correctness of the each and every statement, submissions and contentions as set out in the Application. 3.      I further say that, facts which are set out in the Application at Paras ______ are based on information and belief and I believe it to be true, on the ground that _________. ____________ Applicant ___________ Advocate for the …… Applicant VERIFICATION I, ________________the abovenamed Applicant do hereby verify the contents of what is stated in the aforesaid paragraphs ___ to ____ are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein is false and nothing has been concealed.  (Solemnly affirmed at _____   ) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate for the Applicant Before me Steps after Institution of Application 1.      Urgent Hearing of Application, if any preferred by the Applicant, for obtaining Interim / Ad-Interim Relief; 2.      Refusal or grant of Interim / Ad-Interim Reliefs by the Court; 3.      Dismissal of Application or Issuance of Notice by Court to Respondents; 4.      Service of copy of Application upon Respondents; 5.      Reply of Respondents, if any; 6.      Oral Arguments before the Court / Submission of Written Arguments; 7.      Order.

Download Word Document In English. (Rs.95/-) Revision Application u/s 397 / 401 Section 397: Challenging unlawful dismissal of Complaint u/s 256 CrPC Instructions for drafting Parties to the Application: The original complainant would be the Applicant herein; and the concerned State would be the Respondents alongwith the persons who were made Accused in the complaint. Jurisdiction of Courts: 1.      The Sessions Court and the High Court have concurrent jurisdiction. However, Sessions Court must first be approached, despite the fact that if the Applicant loses in the Sessions Court, he cannot file second Revision, although he may adopt any other legal remedy like Application u/s 482 of CrPC, 1973 or may invoke Writ jurisdiction or Article 227 jurisdiction of High Court. 2.      For Sessions Court to exercise Revisional jurisdiction, the Magistrates Court must be situated within the local jurisdiction of the Sessions Court. 3.      For High Court to exercise Revisional jurisdiction, the Magistrates Court must be within its jurisdiction, that is to say, the Magistrate Court must be situated in the State in which High Court exercises its jurisdiction. Material facts to be pleaded: Section 256 of CrPC, 1973, stipulates that if the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day. Provided that where the complainant is represented by a pleader of by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. 1.      The limited issue in these Revision Application is to satisfy the Court that the order of dismissal of complaint and acquittal of accused, due to absence of complainant on the date of hearing, is harsh / bad in law / against the interest of justice. The other grounds could be – 2.      That the circumstances were such which were beyond the control of the Applicant / complainant to remain present on the date of hearing; 3.      That the personal attendance of the Applicant / complainant on the said date of hearing was not necessary, and the Ld. Magistrate, in the judicious exercise of discretion, should have dispensed with the personal attendance of the Applicant / complainant and should have proceeded with the case; 4.      That the complainant was duly represented by Advocate for conducting the prosecution and the trial was not in any manner frustrated due to the absence of Applicant / complainant on the said date of hearing; 5.      That in the interest of justice, the Ld. Magistrate, in the judicious exercise of discretion, should have adjourned the matter instead of taking a harsh step of dismissing the complaint and acquitting the accused, especially when the offences alleged against the accused are grave in nature; Limitation period: The Limitation period is 90 days from the date of the impugned order (the order which is under challenge). The time taken in obtaining the certified copy of the impugned order is allowed to be deducted while calculating the limitation period. If there is delay in approaching the Court, a condonation Application may be filed alongwith the Revision Application, setting out therein the number of days of delay and the reasons / grounds to condone the said delay. Court fee: The Court fee would vary from State to State. In Maharashtra, the Court fee is paid on the basis of number of pages of documents annexed with the Revision Application, and Rs.5/- is charged for every two pages. Compliance to conditions, if any: N. A. Verification Clause: 1.      Whereas Parties to the litigation makes series of submissions and allegations against each other, it is a basic requirement of law that Parties must specify in the Verification clause, by reference to the numbered paragraphs of their pleadings, as what facts are which are true to their own knowledge; and what facts are based on the information, belief and legal advice. 2.      Further, Section 297(2) of CrPC, 1973, among other things, stipulates that whoever party is obliged to file an Affidavit in any of the proceedings before the Court, the said Party is obliged to specify in his said Affidavit, by reference to the numbered paragraphs of his affidavit, such facts as the deponent is able to prove from his own knowledge and such other facts he has reasonable ground to believe to be true; and in the latter case, the deponent is obliged to state the grounds of such belief. In the absence of such compliance, a proceedings cannot be said to be duly instituted, and is vulnerable to challenge to be dismissed. Affidavit is required to be filed in Complaints filed u/s 200 of CrPC, 1973, and in other proceedings initiated before the Magistrates Court, Sessions Court or before the High Court. 3.      The person verifying his pleadings is obliged to sign. The Person verifying is also required to state the date and the place at which it was signed. 4.      This requirement of law is based on the principle that whoever comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, vague or speculative facts. 5.      Therefore, the law requires that whatever is stated by the Party in his proceedings, he must clarify that which statement is made from his own knowledge and which statement is made, based on other information, or based on legal advice. 6.      This is significant from another perspective, where in cases, if the submissions made by the Party were turned out to be false, then, the said Party may be held guilty of perjury / contempt of the Court for knowingly making false statement and misleading the Court, in cases, where he had verified the concerned false Paras emanating from his own knowledge. 7.      The profound object of this verification clause therefore is to prevent or cease frivolous submissions / Applications. 8.      The consequences of not verifying correctly may entail penal consequences. The Apex Court, comprising three Judges Bench, in the case of S.R. Ramaraj Versus Special Court, Bombay, 2003, have inter alia, observed that, “A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law”. BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _______ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Complainants) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. INDEX SR.NO  DATE EXHIBIT       PARTICULARS PAGE   NOS 1 Proforma (Roznama) A to D     Application 1 to Vakalatnama (If any) List of Documents            “A” “B” “C” “D” “E” “F” “G” Affidavit in support of the Application _______________ Advocate for the Applicant OR Applicant – In – Person BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _______ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Complainants) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. Mr. / Ms._______________ Advocate for the Applicant OR Applicant – In – Person Office Notes, Office Memorunda of Corom. Appendices. Court’s order or Court’s of Judge’s Direction (This page is called proforma as stated in the Index. In sub-ordinate courts, on each of the hearing date, a very brief Note is prepared in respect of each of the matter which are listed on that day. In this Note, the Presiding Judge / Magistrate records (a) Name of the parties / Advocates who appeared on that day, (b) Applications or Affidavits or any other document filed, if any filed by any of the parties, (c) brief direction to both or any of the party to take any step in furtherance of the proceeding, (d) and next date of hearing along with the recording of next stage of the case. The blank pages are annexed with the Complaint bearing only the short title of the case. The aforesaid brief Note is pasted on this page. This Roznama is very important source of information (for recalling / refreshing) for both the parties as well as for the presiding Judge to acquaint themselves about the past happenings in the case.) BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT ________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… (1)________________) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Applicants (Original Complainants) Versus (1)The State of _____) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. THE HUMBLE REVISION APPLICATION OF THE APPLICANT ABOVENAMED 1.      The facts of the case – (a) (b) (c) (d) 2.      Being aggrieved by the aforesaid impugned Order / judgment dated _______ Applicant begs to prefer this Revision Application on the grounds set out hereinafter. 3.      Infirmities in the impugned Order: (The Applicant needs to deal with the observations made in the impugned order, and the findings recorded in pursuant thereto, and assailing those observations and findings, either on facts or on law or on both.) 4.      GROUNDS FOR RELIEF (as may be applicable to the facts of the case) a)     That the circumstances were such which were beyond the control of the Applicant / complainant to remain present on the date of hearing; b)     That the personal attendance of the Applicant / complainant on the said date of hearing was not necessary, and the Ld. Magistrate, in the judicious exercise of discretion, should have dispensed with the personal attendance of the Applicant / complainant and should have proceeded with the case; c)     That the complainant was duly represented by Advocate for conducting the prosecution and the trial was not in any manner frustrated due to the absence of Applicant / complainant on the said date of hearing; d)     That in the interest of justice, the Ld. Magistrate, in the judicious exercise of discretion, should have adjourned the matter instead of taking a harsh step of dismissing the complaint and acquitting the accused, especially when the offences alleged against the accused are grave in nature; 5.      The main points to be emphasized upon: 6.      Jurisdiction of the Court: A Para narrating facts that this court has jurisdiction to entertain the present Application. 7.      The Applicant states that no other Revision Application, except the present one, has been filed against the impugned Order, before this Hon’ble Court. 8.      The Applicant craves leave to refer and rely upon certain exhibited documents, and would rely upon authorities, in support of Applicant’s case. 9.      The Applicant craves leave to add, amend, delete any of the foregoing Paras / grounds, with the leave of this Hon’ble Court. 10. That the present Revision Application has been filed within the prescribed period of limitation. 11. The Applicant therefore, most humbly prays – a)     To quash and set aside the impugned Order dated _____; b)     The Ld. Magistrate be directed to restore the Complaint; c)     To pass such other and further Order and to grant such further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case. FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR ____________ Applicant ___________ Advocate for the Applicant VERIFICATION I, ________________the Applicant do hereby state on solemn affirmation that what is stated in the paragraphs ___ to ____ is true to my own knowledge and what is stated in paragraphs ______ to ______ is based on the information, belief and legal advice, and I believe the same to be true and correct. (Solemnly affirmed at _________) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate Before me VAKALATNAMA BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT ________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Complainants) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. To, Registrar / Registrar General The Sessions Court / _____ High Court Sir / Madam,              I / We,  ____________, the Applicant/s, in the above case, do hereby appoint Mr. ____________, Advocate, to act, appear and plead for me and on my behalf in the above matter. In witness whereof, I / we have set and subscribed my / our hands to this writing at Mumbai.                         Dated this     day of ______ 20____                                                                                                 __________ Applicant Accepted, Mr.______________ Advocate for ______                      ___________________ __________________ __________________ ___________________ Mobile No:________ Email Id:_________ Adv. Code: BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Complainants) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. LIST OF DOCUMENTS RELIED UPON 1.      Exhibit “A”:  2.      Exhibit “B”: 3.      Exhibit “C”:   4.      Exhibit “D”:  5.      Exhibit “E”:   6.      The documents referred and relied upon in the Application; 7.      The documents in the possession of the Respondents; 8.      Any other document, with the leave of the Hon’ble Court. _______________ Advocate for the Applicant OR Applicant – In – Person The copy Exhibits / documents annexed in the Application BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Complainants) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Accused) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. AFFIDAVIT IN SUPPORT OF THE APPLICATION                         I, ______Adult, aged about___ Indian Inhabitant of _______ / authorized signatory, the Applicant herein residing at _______ do hereby state on solemn affirmation as under – 1.      I say that I am conversant with the facts of the present Application I am therefore able to depose to the same. I have filed the above Application seeking prayers more particularly mentioned in the Application. 2.      I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions made in the Application as if the same are specifically set out herein and form part and parcel of this affidavit. I affirm and verify the correctness of the each and every statement, submissions and contentions as set out in the Application. 3.      I further say that, facts which are set out in the Application at Paras ______ are based on information and belief and I believe it to be true, on the ground that _________. ____________ Applicant ___________ Advocate for the …… Applicant VERIFICATION I, ________________the abovenamed Applicant do hereby verify the contents of what is stated in the aforesaid paragraphs ___ to ____ are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein is false and nothing has been concealed.  (Solemnly affirmed at Mumbai) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate for the Applicant

Affidavit before the ………tribunal for stay of disputed tax . Ref : In the case of M/s_____________________, Assessment Year __________. Affidavit of Mr………………………………………,  aged …………… resi__________________. I, the above named deponent do hereby solemnly affirm and state as under: 1. That the deponent is the proprietor of the firm above named and hence is fully conversant of the facts deposed BEFORE THE HON’BLE MEMBER-TRIBUNAL, ________________________ below. 2. That in the assessment year under consideration the …….Officer has bitterly rejected the account books of the deponent and assessed to tax as under: (a) Admitted turn over Rs. ____________ (b) Assessed turn over Rs._____________ (c) Disputed turn over Rs. _____________ (d) Admitted Tax Rs._____________ (e) Assessed Tax Rs._____________ (f) Disputed Tax Rs._____________ 3. That the learned……..has not considered the reply to show – cause, submitted by the deponent at the time of hearing and the learned……………) has also not considered whereas this was one of the grounds of 1st Appeal. 4. That the learned ……….has rejected the books of accounts on the basis of survey report of ________  and the learned ………..has also relied on the same. 5. That learned ……….has not mentioned about the survey report and argument of the counsel on the point. 6. That previous history of the deponent is neat and clean. Besides no argument of the counsel on the point. 7. That the accounts of the firm were always accepted in the pass and also in subsequent years. 8. That deponent has maintained proper accounts consisting of case book ledger, stock book, daily manufacturing account and sales and purchase vouchers. 9. That deponent takes actual stock on 31st, March every years . The same procedure has been followed in stock taking in the assessment year under consideration. 10. That disputed tax is Rs. _____________, which is very heavy for the deponent to deposit because financial position of the deponent is very weak. 11. That deponent has full hope that this Hon’ble Court will admit the account and allow the appeal. 12. That on the point stated above the deponent prays this Hon’ble Court to waive the condition of depositing ……of the disputed tax and grant stay for full amount of the disputed tax being Rs. ___________. Deponent.                                                                  VERIFICATION I, …………………………………………….., the above named deponent do hereby verify that the contents of this affidavit from paras 1 to 12 are true to the best of my knowledge and belief. Nothing material has been concealed. Dated…………….. Deponent Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Precedent No. 58 AFFIDAVIT: UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955 IN THE COURT OF ADDL. DISTRICT JUDGE, H.M.A. Petition No of 20 Petitioner: Vs. Respondent: AFFIDAVIT I,  ,  W/o ,  D/o  ,  presently   residing in , do hereby solemnly affirm and state as follows:— That, I am the petitioner in the accompanying petition and I am well conversant with the facts and circumstances of the case. I am competent to swear to this affidavit. That, my marriage with the respondent was solemnised at Delhi, on, as per Hindu rites and ceremonies.  That, details laid out in the accompanying petition, with regard      to my age, status and place of residence of the petition before        marriage and at the time of filing this petition, may be treated      as part of this petition.               That, no child was born out of the wedlock between the                  respondent and me.  That, the respondent, without any cause or justification, left      the matrimonial home on and has not returned to the      matrimonial home ever since although the petitioner has made      all efforts to bring him back. That, the respondent has completely withdrawn from the      company of the petitioner since the aforementioned date. That, the petition is not presented in collusion with the      respondent. That, there is no other legal ground why the relief should not be      granted. That, there has not been any unnecessary or improper delay in     filing this petition. That, there have not been any other previous proceedings      between the parties. 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, belief and information 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. Download Word Document In English. (Rs.10/-)

Download Word Document In English. (Rs.50/-) IN THE HIGH COURT OF JUDICATURE OF …………… AT ………… C.C. No. ………….. of 20……. In W.P.M.P. No. ………. of 20…….  In W.P. No. ……….. of 20………  Between:- A.B.                     ... Petitioner And C.D.                             ... Respondents Affidavit of the petitioner herein   I, …...................................................., S/o. …………………………….……………., an adult Indian inhabitant, Incharge Assistant Engineer, ......…………………………….…….. Urban Development Housing Corporation, …………………………………. Municipality, ……………..……………. district, and now having temporarily come down to ……………………………………….….., do hereby solemnly and sincerely affirm and state on oath as follows:- 1. That I am the petitioner herein and also the petitioner in the above writ petition and as such I am well acquainted with the facts of the case.   2. I submit that I was initially appointed as Work Inspector by the Ist respondent in the above writ petition on ………………………….. on a consolidated pay of Rs. ………….………… per month and I was posted at …………………………… State Housing Corporation, ………………..…………….....  It is submitted that subsequent thereto, I was deputed to .....................................…………….. State Urban Development & Housing Corporation, …………………..…………….. on ……………………….…. as Work Inspector and subsequent thereto my services were regularised with effect from ……………………………………    3. I further submit that I had been working as work Inspector without any adverse remarks whatsoever and in view of my seniority, sincerity and hardwork, the 1st respondent had given me recording power keeping me as Incharge Assistant Engineer from ………………. onwards. I submit that from the said time onwards I have been discharging my duties as Incharge Assistant Engineer even to this day. I further submit that in ……………..………………. Municipality there is ample work load and hence my services and my continuance as Incharge Assistant Engineer is very essential. I further submit that the 2nd respondent by virtue of the proceedings, dated ………………....................... had repatriated me as work Inspector, and I questioned the same by filing W.P.No . …………………………. on the file of this Hon'ble Court and this Hon'ble Court was pleased to suspend the operation of the said proceedings in W.P.H.P. No. ..........................., on ……………….    4. I submit that I filed W.P. No. ………………………..……. praying for quashing of the order, dt…………… ………… issued by the 1st respondent transferring me and posting me as Work Inspector and the said order was suspended in W.P.M.P. No. …………………………… and the said interim suspension is in force.  I submit that several of my juniors who are having less experience are also being continued.  I submit that I obtained interim suspension on ……………………………… and hence the respondents are bound to continue me as Incharge Assistant Engineer at ………………………………., I submit that I made a representation on ……………………............……. to the 1st respondent submitting the copies to the 2nd respondent and also to the other concerned requesting them to continue me as Incharge Assistant Engineer.  I submit that inspite of the interim suspension against the 1st respondent at the instance of the 2nd respondent had passed an order, dt. ………………….……. transferring me as Work Inspector to ……………..  Thus the respondents have clearly violated the Order, date. ………… passed by this Hon'ble Court in W.P.M.P. No. ………………..…………..  in W.P. No. ……………………….…..  I submit that the respondents are not even paying the salary from the date of the interim order passed by this Hon'ble Court.  At any rate as per the interim orders of this Hon'ble Court, I am entitled to be continued as Incharge Assistant Engineer at …………………………………… Municipality and I am also entitled to receive the salaries.  The respondents are bound to continue me at ………………………….……. Municipality and are also bound to pay my salaries.  Therefore there is a clear violation of the orders of this Hon'ble Court.   5. I submit that the respondents are having scant respect for this Hon'ble Court and the same is exhibited by not implementing the clear and categorical orders of this Hon'ble Court, date. …………………... in W.P.M.P. No………………. ………… of 20……………………. in W.P. No. ……..……… of 20…….    6. I further submit that thus the inaction on the part of the respondents in ignoring the mandatory orders of this Hon'ble Court, dt. …………………………… in W.P.M.P. No. ……………………….. of 20….…… in W.P. No……………………. of 20……………….… and not continuing me as Incharge Assistant Engineer at ………………. Municipality and transferring me again on ………………..….. and also not paying my salaries is highly contemptious. The respondents are showing scant respect for the mandatory orders of this Hon'ble Court.  Thus there is a violation of the orders of this Hon'ble Court, dt……………..……………. in W.P.M.P. No………………………………… in W.P. No. ………………………………. and are liable to be punishable under Sections 10 to 12 of the Contempt of Courts' Act. It is therefore prayed in the interests of Justice, that this Hon'ble Court may be pleased to summon the respondents and punish them for wilfully violating the orders of this Hon'ble Court in W.P.M.P. No. ……………………..………… in W.P. No. ……………..……., dt. ……………………….. 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. Solemnly affirmed at ……………., on this the ………… day of ................. and signed his name in my presence. Place: Dated: Deponent    Before me Advocate ................ MEMORANDUM OF CONTEMPT CASE [Under Sections 10 to 12 of Contempt of Courts Act] IN THE HIGH COURT OF JUDICATURE OF …………….  AT ……………… C.C. No. ……… of 20 ……. In W.P.M.. No. ……….  of 20 …… In W.P. No. ……… of 20 …….. Between: A.B.                                       ... Petitioner And C.D. ...Respondents 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. …………………., …………………, ……………… 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 summon the respondents herein and punish them for wilfully violating the orders of this Hon'ble Court in W.P.M.P. No. …………………..……. of 20………….…. in W.P. No. ......................…….. of 20……….….., dated ………………………… under Sections 10 to 12 of the Contempt of Courts' Act, 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 petitioner