© 2021 by www.lawtool.net Copyright™ LAW TOP CASES © 2021 by www.lawtool.net Copyright™ © 2021 by www.lawtool.net Copyright™ © 2021 by www.lawtool.net Copyright™ A practising lawyer, was brutally attacked in his residence in May 1995 Advocate Shanmughsundram Case Mr. Shanmughsundram, a practising lawyer, was brutally attacked in his residence in May 1995, in a southern State. The attack came in full view of his personal staff. The victim was attacked as he was about to file a petition in the High Court against the corrupt activities of a powerful politician. Click Here Geeta and Sanjay Chopra kidnapping case The Geeta and Sanjay Chopra kidnapping case (also known as the Ranga-Billa case) was a kidnapping and murder crime in New Delhi in 1978.It involved the kidnapping and the subsequent murder of siblings Geeta and Sanjay by Kuljeet Singh (alias Ranga Khus) and Jasbir Singh (alias Billa). The children were kidnapped for ransom but, on learning their father was a naval officer, both were killed. Geeta was allegedly raped before being murdered, but forensic evidence could not confirm it. The kidnappers had initially admitted to raping her but later retracted the statement. The two kidnappers were convicted and sentenced to death. Click Here KM Nanavati, at the time of the alleged murder K.M. Nanavati v. State OF Maharashtra AIR 1962 SC 605 Commander K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Commander Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. Commander Nanavati, accused under section 302, was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. This was not the last Jury trial in India. West Bengal had Jury trials as late as 1973. Jury trials were abolished in most Indian courts by the 1973 Code of Criminal Procedure except for Parsis who still have Jury Trials for their Matrimonial Disputes. Nanavati was finally pardoned by Vijayalakshmi Pandit, newly appointed Governor of Maharashtra and sister of Prime Minister Jawaharlal Nehru. Click Here Arora's murder L.D. Arora Murder Case L.D. Arora, a senior officer of the Customs Department, was shot dead in 1993, at point blank range, while getting out of his car in front of his residence in the Allahabad town of Uttar Pradesh. Click Here Sheena Bora, Murder case Sheena Bora, an executive working for Mumbai Metro One based in Mumbai, went missing on 24 April 2012. In August 2015 Mumbai Police arrested her mother Indrani Mukerjea, her stepfather Sanjeev Khanna, and her mother's driver, Shyamvar Pinturam Rai, for allegedly abducting and killing her and subsequent burning her corpse. Khanna and Rai confessed to the crime, Click Here Ranbir Singh fake encounter case is an ongoing criminal case in the Uttarakhand state of India, took place on 3 July 2009, and involved fake encounter killings of Ranbir Singh, a 22-year-old MBA graduate in Dehradun. The Ranbir Singh fake encounter case The Ranbir Singh fake encounter case is an ongoing criminal case in the Uttarakhand state of India, took place on 3 July 2009, and involved fake encounter killings of Ranbir Singh, a 22-year-old MBA graduate in Dehradun. Click Here The Suryanelli rape case she was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The Suryanelli rape case (also called the Suryanelli sex scandal) The Suryanelli rape case (also called the Suryanelli sex scandal) refers to a case of kidnapping and subsequent rape of a 16-year-old school girl from Suryanelli, Kerala, India, in 1996. The girl was allegedly lured with the promise of marriage on 16 January 1996 and kidnapped. She was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The remaining had abetted the crime. After he was named, the issue was politicised, due to a then upcoming general election. Several women's rights activists like K. Ajitha and Suja Susan George,and women's organisations, like NFIW and Anweshi, have taken an interest in the case. Click Here Ajmer rape case 1992 This case is very old. In 1992, the Ajmer serial gang rape and blackmailing case was one of the biggest cases of sexual abuse in India. The incident took place in Ajmer, a city in the state of Rajasthan. The scandal involved hundreds of young girls, some college students. The news of the scandal came to light after a local letter, 'Navajyoti', published some nude pictures and a story about school students being blackmailed by the local gang. Click Here Jessica Lal Murder case Jessica Lal (5 January 1965 – 30 April 1999) was a model in New Delhi who was working as a celebrity barmaid at a crowded socialite party when she was shot dead at around 2 am on 30 April 1999. Dozens of witnesses pointed to Siddharth Vashisht, also known as Manu Sharma, the son of Venod Sharma, a wealthy and influential Congress-nominated Member of Parliament from Haryana, as the murderer. In the ensuing trial, Manu Sharma and a number of others were acquitted on 21 February 2006. Click Here Kathua rape case The Kathua rape case refers to the abduction, rape, and murder of an 8-year-old girl, Asifa Bano, in Rasana village near Kathua in the Indian state of Jammu and Kashmir in January 2018. A chargesheet for the case has been filed, the accused have been arrested and the trial began in Kathua on 16 April 2018. The victim belonged to the nomad Bakarwal community. She disappeared for a week before her dead body was discovered by the villagers a kilometer away from the village. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests by the Panthers Party, along with other local groups. One of the protests, in support of independent CBI probe, was attended by two ministers from the Bharatiya Janata Party, both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage. Click Here organised killing Shankar Guha Neogi Murder Case Shankar Guha Neogi, a top labour leader of Central India, was shot dead in September, 1991, while sleeping in his house. On the request of the Government of Madhya Pradesh, the CBI moved into action. Click Here Hawala case Terrorist Funding Case A militant was arrested by Delhi Police sometime back along with some foreign currency and objectinable documents, including letters written by a top militant leader from abroad to his associates in India. Click Here The Rotherham child sexual exploitation scandal The Rotherham child sexual exploitation scandal consisted of the organised child sexual abuse that occurred in the town of Rotherham, South Yorkshire, Northern England from the late 1980s until the 2010s and the failure of local authorities to act on reports of the abuse throughout most of that period. Researcher Angie Heal, who was hired by local officials and warned them about child exploitation occurring between 2002 and 2007, has since described it as the "biggest child protection scandal in UK history". Evidence of the abuse was first noted in the early 1990s, when care home managers investigated reports that children in their care were being picked up by taxi drivers. From at least 2001, multiple reports passed names of alleged perpetrators, several from one family, to the police and Rotherham Council. The first group conviction took place in 2010, when five British-Pakistani men were convicted of sexual offences against girls aged 12–16.From January 2011 Andrew Norfolk of The Times pressed the issue, reporting in 2012 that the abuse in the town was widespread, and that the police and council had known about it for over ten years. Click Here © 2021 by www.lawtool.net Copyright™ www.lawtool.net Madhya Pradesh State Information Commissioner Issues Arrest Warrant Against Non-Compliant Public Information Officer

< Back THE CODE OF CIVIL PROCEDURE, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:- PRELIMINARY CHAPTER I SUITS IN GENERAL CHAPTER II EXECUTION CHAPTER III INCIDENTAL PROCEEDINGS CHAPTER IV SUITS IN PARTICULAR CASES CHAPTER V SPECIAL PROCEEDINGS CHAPTER VI SUPPLEMENTAL PROCEEDINGS CHAPTER VII APPEALS CHAPTER VIII REFERENCE, REVIEW AND REVISION CHAPTER IX SPECIAL PROVISION RELATING TO T HE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER CHAPTER X RULES CHAPTER XI MISCELLANEOUS The First Schedule ORDER I-PARTIES OF SUITS ORDER II- FRAME OF SUIT ORDER III- RECOGNIZED AGENTS AND PLEADERS ORDER IV-INSTITUTION OF SUITS ORDER IVA CONSOLIDATION OF CASES ORDER V-ISSUE AND SERVICE OF SUMMONS ORDER VI-PLEADINGS GENERALLY ORDER VII- PLAINT ORDER VIII-WRITTEN STATEMENT, SET-OF AND COUNTER- CLAIM ORDER IX- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON- APPEARANCE ORDER X-EXAMINATION OF PARTIES BY THE COURT ORDER XI-DISCOVERY AND INSPECTION ORDER XII-ADMISSION ORDER XIII-PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS ORDER XIV-SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON ORDER XV-DISPOSAL OF THE SUIT AT THE FIRST HEARING ORDER XV-A. STRIKING OFF DEFENCE IN A SUIT BY A LESSOR. ORDER XVI-SUMMONING AND ATTENDANCE OF WITNESSES ORDER XVIA-ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS ORDER XVII-ADJOURNMENTS ORDER XVIII- HEARING OF THE SUIT AND EXAMINATION OF WITNESSES ORDER XIX- AFFIDAVITS ORDER XX- JUDGMENT AND DECREE ORDER XXA ORDER XXI-EXECUTION OF DECREES AND ORDERS ORDER XXII- DEATH, MARRIAGE AND INSOLVENCY OR PARTIES ORDER XXIII- WITHDRAWAL AND ADJUSTMENT OF SUITS ORDER XXIV- PAYMENT INTO COURT ORDER XXV-SECURITY FOR COSTS ORDER XXVI-COMMISSIONS ORDER XXVII-SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERSR IN THEIR OFFICIAL CAPACITY ORDER XXVII-A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THERINTERPRETATION OF THE CONSTITUTION OR AS TO THERVALIDITY OF ANY STATUTORY INSTRUMENT ORDER XXVIII-SUITS BY OR AGAINST MILITARY OR NAVAL MEN ORAIRMEN ORDER XXIX- SUITS BY OR AGAINST CORPORATIONS ORDER XXX- SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN ORDER XXXI-SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS ORDER XXXII [ORDER XXXIIA-SUITS RELATING TO MATTERS CONCERNING THE FAMILY ORDER XXXIII- SUITS BY INDIGENT PERSONS ORDER XXXV- INTERPLEADER ORDER XXXVI-SPECIAL CASE ORDER XXXVII-SUMMARY PROCEDURE ORDER XXXVIII-ARREST AND ATTACHMENT BEFORE JUDGMENT ORDER XXXIX-TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS ORDER XL- APPOINTMENT OF RECEIVERS ORDER XLII-APPEALS FROM APPELLATE DECREES ORDER XLIII-APPEALS FROM ORDERS ORDER XLIV-[432][APPEALS BY INDIGENT PERSONS] ORDER XLV- APPEALS TO THE SUPREME COURT ORDER XLVI-REFERENCE ORDER XLVII- REVIEW ORDER XLVIII-MISCELLANEOUS Order L PROVINCIAL SMALL CAUSE COURTS ORDER LI- PRESIDENCY SMALL CAUSE COURTS Previous Next

GOLAK NATH VS. STATE OF PUNJAB, 1967 GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: five and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stifled by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights.

Freelance Cartoonist Aseem Trivedi Section 66A of the IT Act, In September 2012, a freelance cartoonist Aseem Trivedi was arrested under the Section 66A of the IT Act, Section 2 of Prevention of Insults to National Honour Act, 1971 and for sedition under the Section 124 of the Indian Penal Code. His cartoons depicting widespread corruption in India were considered offensive. On 12 April 2012, a Chemistry professor from Jadavpur University, Ambikesh Mahapatra, was arrested for sharing a cartoon of West Bengal Chief Minister Mamata Banerjee and then Railway Minister Mukul Roy. The email was sent from the email address of a housing society. Subrata Sengupta, the secretary of the housing society, was also arrested. They were charged under Section 66A and B of the IT Act, for defamation under Sections 500, for obscene gesture to a woman under Section 509, and abetting a crime under Section 114 of the Indian Penal Code. On 30 October 2012, a Puducherry businessman Ravi Srinivasan was arrested under Section 66A. He had sent tweet accusing Karti Chidambaram, son of then Finance Minister P. Chidambaram, of corruption. Karti Chidambaram had complained to the police. On 19 November 2012, a 21-year-old girl was arrested from Palghar for posting a message on Facebook criticising the shutdown in Mumbai for the funeral of Bal Thackeray. Another 20-year-old girl was arrested for "liking" the post. They were initially charged under Section 295A of the Indian Penal Code (hurting religious sentiments) and Section 66A of the IT Act. Later, Section 295A was replaced by Section 505(2) (promoting enmity between classes).A group of Shiv Sena workers vandalised a hospital run by the uncle of one of girls.On 31 January 2013, a local court dropped all charges against the girls. On 18 March 2015, a teenaged boy was arrested from Bareilly, Uttar Pradesh, for making a post on Facebook insulting politician Azam Khan. The post allegedly contained hate speech against a community and was falsely attributed to Azam Khan by the boy. He was charged under Section 66A of the IT Act, and Sections 153A (promoting enmity between different religions), 504 (intentional insult with intent to provoke breach of peace) and 505 (public mischief) of Indian Penal Code. After the Section 66A was repealed on 24 March, the state government said that they would continue the prosecution under the remaining charges. Criticisms Section 66A and restriction of free speech From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature:

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Affidavit For Bail Bond With Form No. 45 For Bail Under Section 436, 437 And 438(3) Of Code Of Criminal Procedure. Affidavit for Bail Bond with Form No. 45 for bail under Section 436, 437 and 438(3) of Code of Criminal Procedure. Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code. The Accused who is seeking Anticipatory bail or regular bail need to file Bail Bond in Form NO. 45 with the Court. The bail bond should be supported with affidavit as per the format shown here. Sample Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code is as under. IN THE COURT OF SESSIONS JUDGE, _____________________COURT CRIMINAL MISCELLANEOUS (BAIL) APPLICATION NO ____ OF 20__ IN THE MATTER OF: MR. ____________ APPLICANT VERSUS STATE OF _____________ RESPONDENT AFFIDAVIT I _____________ son / daughter / wife of_____________ _____________ Aged about_____________ R/o__________________________ _____________ _____________ _____________ _____________ _____________ _____________ do hereby solemnly affirm and declare as under _____________ 1. That deponent is the resident of above said address and having his/her Ration Card no. is _____________ _____________ and Election Card No. _____________. 2. That accused is_____________ _____________of the deponent and deponent has full control over him/her and capable to produce him/her before this hon'ble court. 3. That deponent is working as _____________ _____________ at _____________ T/C. No _____________ earns Rs _____________ per month. 4. That deponent is the owner of household articles valued about of Rs. ____________ _____________ _____________ 5. That deponent is the owner of the immovable property bearing No. _____________ Measuring _____________ sq. yards situated at _____________ valued not less than Rs _____________. 6. That deponent undertakes to produce the accused before the honourable court on every date of hearing. 7. That I have an F.D.R. No _____________ Issued by _____________ For Rs. ______ 8. That I own a vehicle No. _____________ make _____________ R/C no _____________ at present valued not less than Rs. _____________. DEPONENT VERIFICATION Verified at Delhi on this _____________ day of 20 _____________ that the contents of this Affidavit are true and correct to the best of my knowledge & nothing material has been concealed therefrom, no part of it is untrue. DEPONENT Section 437 of the Criminal Procedure Code, 1973 437. When bail may be taken in case of non- bailable offence. (1) When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence: Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1), the Court may impose any condition which the Court considers necessary- (a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or (c) otherwise in the interests of justice. (4) An officer or a Court releasing any person on bail under sub- section (1) or sub- section (2), shall record in writing his or its 1 reasons or special seasons] for so doing. (5) Any Court which has released a person on bail under sub- section (1) or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time after the conclusion of the trial of a person accused of a non- bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. DRAFTING Gallery www.lawtool.net Previous Next

Baswarooponi v.Babulalsoni BCI DC Appeal No.25/1992 Babulalsoni is the father of Balswaroopsoni. He filed a complaint against his son alleging professional misconduct before the Madhya Pradesh Bar Council. The allegations are as follows: 1. A criminal case under S.307 I.P.C. is pending against him. 2. while appearing as a defence counsel for one munna in a criminal case No.125/89 he has introduced his own brother as Dwarha Pradesh and arranged him to stand as surety for munna. 3. He has withdrawn a sum of Rs.1500 deposited in the court in the name of Babulalsoni in a civil case without his consent. Before the State Bar Council, Babulalsoni personally appeared and produced certain documentary evidence in support of his case but the present appellant did not appear though many chances are given to him. Finally the Bar Council held that Balswaroopsoni is guilty of professional misconduct and passed an order removing his name from the Advocates Roll. Against this order Balswaroopsoni filed an appeal the Bar Council of India. In the appeal he denied all the allegations against him but, failed to produce any documentary evidence in his support. Regarding the second allegation he took a defence that munna brought one person and introduced him as Dwarakha Prasad. Believing Munna’swords only he also introduced him to the court as Dwarakha Prasad. This defence was not accepted by the Bar Council of India because Balswaroopsoni knows that the person brought by Munna Dwarakha Prasad. Regarding the third allegation he took the defence that he is also one of the plaintiff in the said case and his father has given power to withdraw that amount of Rs .1500/.But no documentary evidence in support of this difference was produced by him. After hearing the parties the Bar Council of India reduced the punishment and suspended him from practice for a period of 5 years.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back BAIL APPLICATION BAIL APPLICATION:- The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance, the bond is forfeited. Hindi Meaning जमानत आवेदन:- जमानत की अवधारणा का एक लंबा इतिहास है और इसकी जड़ें अंग्रेजी और अमेरिकी कानून में गहरी हैं। मध्ययुगीन इंग्लैंड में, अप्रशिक्षित कैदियों को बीमारी से ग्रस्त जेलों से मुक्त करने की आवश्यकता से रिवाज बढ़ गया, जबकि वे यात्रा करने वाले न्यायाधीशों द्वारा किए गए विलंबित परीक्षणों की प्रतीक्षा कर रहे थे, कैदियों को जमानत दी गई थी, या वितरित किया गया था, अपने स्वयं के चुने हुए तीसरे पक्ष के लिए जिन्होंने जिम्मेदारी स्वीकार की थी परीक्षण में उनकी उपस्थिति सुनिश्चित करने के लिए। यदि आरोपी पेश नहीं होता तो उसके स्थान पर उसके जमानतदार पर मुकदमा चलेगा। यह संपत्ति के मालिकों के लिए प्रथा बन गई, जिन्होंने व्यक्तियों को पैसे जब्त करने का आश्वासन देने की जिम्मेदारी स्वीकार की, जब उनके आरोप परीक्षण के लिए उपस्थित होने में विफल रहे। गैर-उपस्थिति की स्थिति में, जमानत जब्त के लिए है। BAIL APPLICATION www.lawtool.net The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance the bond is for feited. 'Bail' in English common law is the freeing or setting at liberty of one arrested or imprisoned or imprisoned upon any action, either civil or Criminal, on surety taken for his appearance on certain day and a place named. Under the Indian law the word 'bail ' has not been defined in the code Criminal procedure 1973 have defined the expression 'bailable offence' and non- bailable offence respectively in section 4( 1) (b) and sec; 2 (a). The word 'bail' means the security for a prisoner's appearance for trial. The effect of granting bail is accordingly not to set the prisoner free from jailor custody, but to release him form the custody of law and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place. Under the provisions of Cr P.C., bails may be studied under three heads: (1) Bails in bailable offences. (2) Bails in non-offences. (3) Anticipatory Bail. 1. Bails in Bailable offences - where an arrested person is accused of a bailable offence he shall be released on bail at any time while n custody, if he is prepared to give bail. But the officer in charge of a police station detaining the accused without a warrant may, instead of taking bail form such person, discharge him on executing a bond without sureties for his appearance. In every bailable offence bail is granted as a matter of favour. No discretion has been granted to courts in such cases. The granting of bail is imperative under sec. 436 of code of Criminal Procedure. Where a person fails to comply with the conditions of the bail bond regarding time and place of attendance, the court may refuse to release him on bail, when on a subsequent accession in the same the appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bond by such bond to pay the penalty there of under sec. 446 in which the procedure when bond his been for feinted is given. 2.Bails in Non-Bailable Offences : All offences which do not fall under the category of bailable offences are non-bailable offences.A person accused of a non-bailable offence maybe released on bail, subject to certain restrictions. Sec. 437, Cr P.C., lays down that a person arrested for a non-bailable offence shall not be so relapsed if there appears reasonable grandees for believing that he has been guilty of an offence punishable with death or imprisonment for life. But there is also an exemption in the section, in the case of a person under the age. Of sixteen years or any woman or any sick or infirm person identification by witnesses is no ground for refusing bail. 3.Anticipatory Bails: Sec. 438 Cr. P.C. 1973 says the issuance of a direction that in the event of arrest of the application he shall be released on bail. Sec. 438 confers power on the High Court as also the Court of Session to grant bail to any person apprehending arrest on an accusation of having committed a non-billable offence in anticipation of his arrest, which is called anticipatory bail. The object of this section is that if a person has already obtained an order from the session judge or the High Court, he would be released immediately without having to undergo the rigours of jail even for a few days which would necessarily be taken up if he has to apply for bail after arrest. Application for Anticipatory bail and its Contents It is unrealistic to expect the applicant to draw up his application with the meticulousness of a pleading in a civil case and such is not the requirement of the section. But specific events and facts must be disclosed by the applicant in order to enable the court to judge the reasonableness of his belief. Apart from the fact that the very language of the statute compels this contraction there is an important principle involved in the insistence that facts on the basic of which a direction under sec. 438 (1) is sought must be clear and specific, not vague and general it is only by the observance of that principle that a possible conflict between the right of an individual to his liberty and the right of the police to on investigate into crimes reported to them can be avoided. Rule of prudence requires that the notice should be given to the other side before passing a final order for anticipatory bail so that wrong order of anticipatory bail so that wrong order of anticipatory bail is not obtained by a party placing incorrect or misleading facts or suppressing material facts. Authorities Competent to grant bail Police officers, Magistrates, courts and Government are empowered to grant bail under the various provisions of the code of Criminal Procedure code. (a) Police Officers: Police officer are empowered to grant bail to persons arrested without a warrant under sec. 41 (when police may arrest without warrant) or sec. 42 (Arrest on refusal to give name and residence) or Sec. 43 (Arrest by private person and procedure on such arrest) or Sec. 151 Cr. P.C. (Arrest to prevent the Commission of cognizable offences) or to a person arrested under a available warrant issued by a court, or to accused person to appear before the court when required. (b) Magistrates and Courts: The Magistrates and Court are empowered to grant bail to any accused person. The provisions elating to bail are laid down in various sections of the Cr. P.C. like 436 to 439 in chapter XXIII of the Cr. P.C. the question of granting bail for apprehending arrest has been provided in sec. 438 of Cr.P.C. (c) Government: Under sec.339 Cr. P.C. the Government may, upon and application who is lunatic and on such relations or friends giving security to the satisfaction of the state Government concerned, Order relatively or friend. Under sec. 432 Cr.P.C. The Government is empowered to suspend or remit sentence. The usual practice is that a person desiring bail should first approach the lower court, but this practice is not inflexible because under sec 439 Cr P.C. special power have been conferred on the High Court or the court of session regarding bail. Further when a person has reason to believe that he may/be arrested on an accusation of having committed a non-bailable offence he may under sec, 438 Cr P.C. apply to the High Court or the court of session for a direction under the said section and that the Court may if it thinks fit direct in the event such arrest that he shall be released on bail. In order to enable the judge to decide whether bail should be granted or not and what exactly are the terms on which he should be granted bail. It would be advantageous of notice is given to the public prosecutor. Though there is no provision which compels the court to give notices to the public prosecutor before granting bail the court has such power to direct notice in appropriate cases. Since bail in bailable cases is a matter of right for the accused to be enlarged on bail, there is no scope for giving notice to the Public prosecutor. The circumstances which should be weighted on behalf of the prosecution and against the accused are: 1)That there is every liklyhood that the accused will be absconding on his release. 2)That there is a reasonable apprehension that the accused might tamper with the evidence of the prosecution witnesses by his influence where by the prosecution would be hindered and would not get a fair opportunity of adducing incriminating evidence against the accused. 3)That there is danger of such offence being repeated and continued etc. FORM OF BAIL APPLICATION It is also keep in mind by the students that so long as an accused is not charge-sheeted, the case against him is not numbered as the court case on its file; and hence it is referred as Cr P.C. No. (Crime Register Number) which relates to the particular Police station to which the offence has been reported to. But, as soon as the charge-sheet is filed in the court, the case s numbered as Court-case on its file. 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CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back INTERLOCUTORY APPLICATIONS (IA) INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim applications are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the (IA)should be both precise as well as brief and devoid of irrelevant matters. वार्ता आवेदन (IA) लंबित या मुकदमेबाजी के दौरान इंटरलोक्यूटरी आवेदन या अंतरिम आवेदन दायर किए जाते हैं। इस तरह के आवेदनों का मसौदा उसी तरह से तैयार किया जाना चाहिए जैसे कि दलीलें। जैसे (IA) की दलील सटीक और संक्षिप्त दोनों होनी चाहिए और अप्रासंगिक मामलों से रहित होनी चाहिए। INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters. Drafting of Interlocutory Application: The grounds on which application is moved should to the extent possible be stated in the words of the law under which the application is fitted. For ex., in an application for setting aside an expert decree against the defendant, the defendant should say that "the summons was not duly served" or that "the defendant was prevented by any sufficient cause from appearing when the suit was called on for the hearing". It is not advisable to employ a language different from the law under which the application is made. Like a plaint every application should have a heading and a title. The name of the Court should be given at the top and thereafter should follow the name of the applicant and the opposite party. When the . application is moved in connection with a suit or proceeding, the number and the cause title of that suit or proceeding alone should be given after the name of the court. The body of the application should be either in the form of petition: "The humble application of the plaintiff in the above mentioned suit, respectfully submits as follows' or it may be written like plaint. "Application for restituting under section 144, CPC by the defendant in the above mentioned suit The applicant humbly begs to submit as follows: It is not absolutely necessary that the law under which the application is filed should be given. Like pleadings facts in the application should be stated in brief and concise language. The application should be divided into paragraphs and one paragraph as far as possible should narrate one allegation except where two or more allegations are so connected with each other that it is better to give them in one paragraph. With some application affidavits are filed and if in such cases the facts are too long things need not be narrated in the application. They should only be narrated in the affidavit and in such cases the application should be worded in some such form: "For the reasons above in the annexed affidavit, the applicant prays that etc". The application should end with a prayer. The payer should be in the following form: "The applicant! Plaintiff! Defendant, therefore prays": etc. After prayer, should follow the signature of the applicant where law requires the verification, the application should also be verified. Examples of Interlocutory Applications Provided under CPC a) Application under order 6 Rule 17 CPC for amendment, b) Application under section 95 CPC for compensation for arrest or attachment before judgment on insufficient grounds. c) Application under sec. 144 for restitution. d) Application under sec. 151. e) Application under sec. 152 for amendment of judgments, decrees or orders, f) Application under order IX Rule4 for setting aside an order dismissing a suit for default of the parties, g) Application under order IX Rule 9 CPC for setting aside and order dismissing a suit for plaintiff's default, h) Application under order IX Rule I, for leave to deliver interrogatories, i) Objections under sec. 47 or sec.60. j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order XXI, Rule 98, k) Substitution applications under order XXII CPC. l) Application under order XXVIII Rule 1 or Rule 5, m) Applications under order XXIX. For an interim injunctions, application under order XL, for appointment of receiver, n) Application under order XLVII for review. DRAFTING Gallery www.lawtool.net Previous Next

INDONESIA 1/1 INDONESIA The 1945 Constitution then set forth the Pancasila, the five nationalist principles devised by Sukarno, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers. Whereas freedom is the inalienable right of all nations, colonialism must beabolished in this world not in conformity with humanity and justice ; And the moment of rejoicinghas arrived in the struggle of the Indonesian freedom movement to guil the people safelyand well to the threshold of the independence of the state of Indonesia which shall de united,sovereign, just and prosperous ; By the grace of God Almighty and impelled by the noble desireto live a tree national life, the peopleer Indonesia hereby declare their independence. Subsequentthereto, to form a government of the state of Indoneuia which shall protect all the people ofIndonesia and their entire native land, and in order to improve the public wellare, to advance theintellectral life of the people and to contribute to the establishment of a world order based onfreedom, abidino e and social justice, the national indeperdence of Indonesia shall be formulatedinto a constitution of the sovereign Republic of Indonesia which is based on the belief in the Oneand Only God, just and humanit the unity of Indonesia, democracy guided by the inner wisdom ofdeliberations amongst representatives and the nalization of social justice for all of the people of Indonesia.

Environment Save Trees, Save Environment. ​ www.lawtool.net Environmental pollution is one of the key problems faced in our modern world. Though there have been massive technological advancement in these recent days, it has also invited negative effects to the environment. By doing a simple thing like planting a tree, we shall be making the world a better place and for sure we shall always live to be proud of our achievement. Environmental Law HISTORICAL BACKGROUND Environmental law has a long history and until we go through it, it is difficult to understand the policy and purpose of environmental law and its future modern era Click Here HISTORY OF ENVIRONMENTAL PROTECTION IN INDIA The history of the evolution of law to handle pollution and other environmental problems in India can be studied under four periods; Click Here CONSTITUTIONAL OBLIGATION ENVIRONMENTAL PROTECTION The Constitution of India, which is the supreme. Law of the land has imposed an obligation to protect the natural environment both on the State as well as the Citizens of India Click Here Chipko movement 1974 The Chipko movement, or Chipko Andolan, was a forest conservation movement in India. It began in 1974 in Reni village of Chamoli district, Uttarakhand(at the foothills of Himalayas) and went on to become a rallying point for many future environmental movements all over the world NEW Agenda 21 Agenda 21 was a major outcome of the summit. It is a blueprint for ecologically safe development up to 2000 and beyond. NEW Narmada Bachao Andolan Narmada Bachao Andolan (NBA) is an Indian social movement spearheaded by native tribals (Adivasis), farmers, environmentalists, and human rights activists against a number of large dam projects across river Narmada, which flows through the states of Gujarat, Madhya Pradesh, and Maharashtra. NEW The Ramsar Convention The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. NEW STOCKHOLM CONFERENCE 1972 The United Nations Conference on Human Environment 1972 was a remarkable achievement as 114 participating nations agreed generally on a declaration of principles and an action plan. NEW RIO CONFERENCE ( EARTH SUMMIT ) 1992 The Earth Summit held at Rio de Janeiro, the capital of Brazil, in June 1992 was another landmark international meet on the environment. Officially the UN Conference for Environment and Development (UNCED), it was attended by representatives from 178 countries and 115 heads of government NEW

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To see this working, head to your live site. All Posts Categories My Posts Login / Sign up General & Legal Discussion Welcome to Lawtool Discussion! Have a look around and join the discussion. Sort by: Newest Follow All Categories Create New Post www.lawtool.net सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं- सुप्रीम कोर्ट in Hindi law सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं- सुप्रीम कोर्ट ने जोसेफ शाइन जजमेंट को स्पष्ट किया सुप्रीम कोर्ट ने मंगलवार को फैसला सुनाया कि सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं, क्योंकि आज कोर्ट ने 2018 के उस ऐतिहासिक फैसले को स्पष्ट 0 comments 0 Jan 31 Like 0 comments Comment www.lawtool.net Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court in Supreme Court Judgment Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court June 28, 2023 Recently, the Collegium showed a willingness to prioritize regional representation over seniority. This was seen when the Chief Justice of the Allahabad High Court, who ranked higher in seniority, was overlooked in favor 0 comments 0 Jun 29 Like 0 comments Comment www.lawtool.net Bar Council of India approves RV University's School of Law in General & Legal Discussion Bar Council of India approves RV University's School of Law The Bar Council of India has approved RV University’s (RVU) School of Law and its five-year integrated BA LLB and BBA LLB programmes. The programmes will commence from August 2023. School of Law will be the sixth school under RVU. "Throu 0 comments 0 Jun 28 Like 0 comments Comment www.lawtool.net Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre in High Court Judgment Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre By May 31, 2023 The High Court of Karnataka has asked the Centre to amend the relevant provisions of the Indian Penal Code (IPC) or bring in new ones criminalizing and providing for punishment for carnal intercourse’ with corpses. 0 comments 0 Jun 09 Like 0 comments Comment www.lawtool.net Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next in General & Legal Discussion Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next Artificial intelligence is a topic that is frequently discussed nowadays. It will keep you entertained if you use it in a humorous manner. But is it appropriate to rely entirely on it for everything? This is an open question. Pe 0 comments 0 May 31 Like 0 comments Comment www.lawtool.net क्या चेक बाउंस नोटिस देने के 15 दिनों के भीतर एनआई एक्ट की धारा 138 के तहत शिकायत दर्ज की जा सकती है in Hindi law क्या चेक बाउंस नोटिस देने के 15 दिनों के भीतर एनआई एक्ट की धारा 138 के तहत शिकायत दर्ज की जा सकती है? सुप्रीम कोर्ट करेगा तय सुप्रीम कोर्ट ने मंगलवार को एक विशेष अनुमति याचिका में नोटिस जारी किया, जिसमें इलाहाबाद उच्च न्यायालय की लखनऊ खंडपीठ के उस आदेश को चुनौती दी गई थी, जिसमें वैधानिक पंद्रह दिनो 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, in Hindi law नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, ड्रेस कोड किया गया लागू नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, ड्रेस कोड किया गया लागू महाराष्ट्र मंदिर महासंघ का कहना है कि राज्य के 300 मंदिरों में ड्रेस कोड को जल्द लागू किया जाएगा. 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net यासिन मलिक को फांसी देने की मांग, एनआईए ने दिल्ली हाई कोर्ट में दायर की याचिका in Hindi law May 26, 2023 10:04 PM नेशनल इंवेस्टिगेशन एजेंसी (एनआईए) ने हत्या और टेरर फंडिंग के मामले में दोषी करार दिए गए यासिन मलिक को फांसी की सजा की मांग के लिए दिल्ली हाई कोर्ट में याचिका दायर की है। जस्टिस सिद्धार्थ मृदुल की अध्यक्षता वाली बेंच इस याचिका पर 29 मई को सुनवाई करेगा।एनआईए ने कहा है कि यासिन म 0 comments 0 May 28 Like 0 comments Comment www.lawtool.net क्रेडिट कार्ड की अवधि समाप्त होने के बावजूद व्यक्ति को बिल भेजने पर एसबीआई पर जुर्माना...... in Hindi law दिल्ली के एक उपभोक्ता फोरम ने एसबीआई कार्ड्स एंड पेमेंट सर्विसेज प्राइवेट लिमिटेड को निर्देश दिया है। लिमिटेड को एक व्यक्ति को उसके कार्ड की अवधि समाप्त होने के बाद भी उसे बिल भेजने और शुल्क का भुगतान न करने पर उसे काली सूची में डालने के लिए 2 लाख रुपये का भुगतान करना होगा। नई दिल्ली जिला उपभोक्ता व 0 comments 0 May 26 Like 0 comments Comment www.lawtool.net HC Asks Delhi Govt To Hold Stakeholder Consultation on Draft of Advocates Protection Bill in General & Legal Discussion The Delhi High Court Thursday asked the Delhi government to examine and hold stakeholder consultation on the draft of the ‘Advocates Protection Bill’ which seeks to protect and ensure a safe atmosphere for legal professionals in the wake of the killing of a lawyer in April. The high court was infor 0 comments 0 May 26 Like 0 comments Comment www.lawtool.net Revised timetable of AIBE XVIII (18) 2023 released – exam date changed, registration deadline extend in General & Legal Discussion October 18, 2023 10:30 AM Bar Council of India has announced the revised schedule for AIBE XVIII examination in 2023. The exam will now be held on November 26, 2023. Additionally, the registration deadline for the exam has been extended. Candidates can now submit their application forms till Nove 0 comments 0 -2 j Like 0 comments Comment www.lawtool.net Adipurush Ban: Allahabad HC in General & Legal Discussion Adipurush Ban: Allahabad HC Issues Notice to Manoj Muntashir, Asks Centre Whether It Will Take Any Action in Public Interest June 27, 2023 The Allahabad High Court at Lucknow on Tuesday issued notices to Manoj Muntashir, who is Dialogue Writer of Adipurush movie, while dealing with two PIL pleas 0 comments 0 Jun 29 Like 0 comments Comment www.lawtool.net HC Quashes POCSO Case Against Boyfriend Saying 16-Year-Old Capable of Making Conscious Decision.. in General & Legal Discussion HC Quashes POCSO Case Against Boyfriend Saying 16-Year-Old Capable of Making Conscious Decision About Sex June 2023 In a significant ruling, the High Court of Meghalaya, headed by Justice W. Diengdoh, has quashed the proceedings in a POCSO (Protection of Children from Sexual Offences) case, empha 0 comments 0 Jun 27 Like 0 comments Comment www.lawtool.net Gangster Chhota Rajan moves HC seeking stay on release of "Scoop" web series over 'infringement .... in General & Legal Discussion Gangster Chhota Rajan moves HC seeking stay on release of "Scoop" web series over 'infringement of his personality rights' Jailed gangster Rajendra Nikalje alias Chhota Rajan on Thursday moved the Bombay High Court against web series “Scoop”, which is slated for release on Netflix on June 2, saying 0 comments 0 Jun 02 Like 0 comments Comment www.lawtool.net The 100 Most Famous Quotes of All Time in Famous - Quotes 1. "Spread love everywhere you go. Let no one ever come to you without leaving happier." -Mother Teresa 2. "When you reach the end of your rope, tie a knot in it and hang on." -Franklin D. Roosevelt 3. "Always remember that you are absolutely unique. Just like everyone else." -Margaret Mead 4. "D 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration ......... in High Court Judgment Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration when the Reference is Limited to Quantum of Compensation: Delhi HC In a significant ruling, the High Court of Delhi has shed light on the scope of arbitration clauses in insurance policy disputes. Justice Pr 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused in High Court Judgment Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused The Allahabad High Court recently made a crucial decision, refusing to dismiss an attempted murder case based on a compromise between the victim and the accused. In doing so, the bench of Justice 0 comments 0 May 28 Like 0 comments Comment www.lawtool.net When Accused Can be Discharged in a Criminal Case? Explains Supreme Court in Supreme Court Judgment Recently, The Supreme Court answered an important question that when accused can be discharged in a criminal case. The bench of Justices Abhay S. Oka and Rajesh Bindal was dealing with the appeal challenging the order passed by the Bombay High Court by which the Court has set aside the order passed 0 comments 0 May 27 Like 0 comments Comment www.lawtool.net S. 18 (3) JJ Act | Magistrate has No Power to Retain the File After Declaring the Accused as ... in High Court Judgment The AllahabadS. 18 (3) JJ Act | Magistrate has No Power to Retain the File After Declaring the Accused as Juvenile: Allahabad HC HC on Wednesday stated that the magistrate has no power to retain the file after declaring the accused as juvenile. The bench of Justice Shekhar Kumar Yadav was dealing 0 comments 0 May 26 Like 0 comments Comment www.lawtool.net President Should Inaugurate the New Parliament, Seeks PIL in Supreme Court in General & Legal Discussion On Thursday, a petition was filed in the Supreme Court seeking a direction that the new Parliament building be inaugurated by the President of India. It is argued that the not inviting the President for the ceremony is a humiliation and a violation of the Constitution. The petitioner also claimed 0 comments 0 May 25 Like 0 comments Comment www.lawtool.net AIBE XVIII (18) 2023 in General & Legal Discussion AIBE XVIII (18) 2023-24 - The Bar Council of India (BCI) has opened the AIBE 18 registration 2023 on August 16, 2023 at 5 PM on its official website - allindiabarexamination.com. Interested applicants can appply for AIBE XVIII till September 30, 2023. The AIBE XVIII (18) 2023-24 will be conducted in 0 comments 0 Aug 19 Like 0 comments Comment www.lawtool.net सुप्रीम कोर्ट के रिटायर जस्टिस की जमीन हड़पने की कोशिश मामले में एक गिरफ्तार in General & Legal Discussion सुप्रीम कोर्ट के रिटायर जस्टिस की जमीन हड़पने की कोशिश मामले में एक गिरफ्तार June 27, 2023 रांची, सुप्रीम कोर्ट के रिटायर जस्टिस स्व. युसूफ इकबाल की जमीन हड़पने की कोशिश मामले में रविवार रात पुलिस ने भू- माफिया जुनैद रजा उर्फ चुन्ना को गिरफ्तार किया है। थाना प्रभारी दयानंद कुमार ने सोमवार को बताया 0 comments 0 Jun 29 Like 0 comments Comment www.lawtool.net वकीलों के लिए बड़ी खबर: बार काउंसिल ने COP हेतु जारी किया फॉर्म- जानिए किसे भरना है ये फॉर्म...... in General & Legal Discussion June 19, 2023वकीलों के लिए बड़ी खबर: बार काउंसिल ने COP हेतु जारी किया फॉर्म- जानिए किसे भरना है ये फॉर्म और क्या है प्रक्रिया रविवार को बार काउंसिल ऑफ उत्तर प्रदेश ने उत्तर प्रदेश की अदालतों में प्रैक्टिस कर रहे वकीलों के लिए एक महत्वपूर्ण फॉर्म जारी किया। बार काउंसिल ऑफ इंडिया सर्टिफिकेट एंड प् 0 comments 0 Jun 19 Like 0 comments Comment www.lawtool.net सुप्रीम कोर्ट ने 20 वर्षीय महिला को परिवार के सदस्यों से जान का खतरा होने की आशंका से सुरक्षा प्रदान in Hindi law सुप्रीम कोर्ट ने मंगलवार को दिल्ली पुलिस को 20 वर्षीय एक महिला को सुरक्षा देने का निर्देश दिया, जो कथित रूप से घर से भाग गई थी और अपने परिवार के सदस्यों से अपनी जान को खतरा होने की आशंका से डर रही थी। शीर्ष अदालत ने मध्य प्रदेश उच्च न्यायालय के उस आदेश में हस्तक्षेप करने से इंकार करते हुए आदेश पारि 0 comments 0 May 31 Like 0 comments Comment www.lawtool.net Central vista project including new Parliament building faced several court cases in General & Legal Discussion Central vista project including new Parliament building faced several court cases The ambitious redevelopment project of the nation’s power corridor, Central Vista, which includes the new Parliament building inaugurated on Sunday, faced several legal challenges in the last few years. The project w 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net सारे जहां से अच्छा' लिखने वाले शायर मोहम्मद इकबाल से जुड़ा अध्याय सिलेबस से हटाया जा सकता है in Hindi law दिल्ली विश्वविद्यालय (डीयू) की अकादमिक परिषद ने राजनीतिक विज्ञान के पाठ्यक्रम से पाकिस्तान के राष्ट्र कवि मोहम्मद इकबाल से जुड़ा एक अध्याय हटाने के लिए शुक्रवार को एक प्रस्ताव पारित किया. वैधानिक निकाय के सदस्यों ने इसकी पुष्टि की. अविभाजित भारत के सियालकोट में 1877 में जन्मे इकबाल ने प्रसिद्ध गीत ' 0 comments 0 May 29 Like 0 comments Comment www.lawtool.net पत्नी पति से ज्यादा कमाती है- सेशन कोर्ट ने पत्नी को गुजारा भत्ता देने से इनकार करने के आदेश..... in Hindi law पत्नी पति से ज्यादा कमाती है- सेशन कोर्ट ने पत्नी को गुजारा भत्ता देने से इनकार करने के आदेश को बरकरार रखा हाल ही में, मुंबई की एक निचली अदालत ने एक महिला को अंतरिम गुजारा भत्ता देने से इनकार कर दिया, क्योंकि उसे पता चला था कि वह अपने पति से प्रति वर्ष 4 लाख रुपये अधिक कमाती है। इस आदेश को अब मुंब 0 comments 0 May 28 Like 0 comments Comment www.lawtool.net No Indisfeasible Right of Daughter-in-Law on Share Household: Delhi HC in High Court Judgment The Delhi High Court has ruled that a daughter-in-law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same. The court was hearing a plea moved by a daughter-in-law against her husband and in-laws who were senior citizens, challenging an o 0 comments 0 May 27 Like 0 comments Comment www.lawtool.net प्रधानमंत्री मोदी ही करेंगे नई संसद का उद्घाटन: सुप्रीम कोर्ट ने भारत के राष्ट्रपति द्वारा उद्घाटन.. in Hindi law प्रधानमंत्री मोदी ही करेंगे नई संसद का उद्घाटन: सुप्रीम कोर्ट ने भारत के राष्ट्रपति द्वारा उद्घाटन की मांग वाली जनहित याचिका ख़ारिज की आज सर्वोच्च न्यायालय ने एक जनहित याचिका में सुनवाई की, जिसमें यह निर्देश देने की मांग की गई थी कि नए संसद भवन का उद्घाटन भारत के प्रधानमंत्री श्री नरेन्द्र मोदी के 0 comments 0 May 26 Like 0 comments Comment www.lawtool.net CLAT 2024 Will Be Held on December 3 in General & Legal Discussion The Consortium of National Law Universities has made a important announcement regarding CLAT 2024 admission. According to the notice, the CLAT 2024 exam will be held in offline mode on December 3, 2023 for admissions to the 5-year integrated B.A., LL.B (Hons.), and LL.M. programmes. The application 0 comments 0 May 25 Like 0 comments Comment Forum - Frameless

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back CRIMINAL COMPLAINT: Cases relating to crimes are triable by the Criminal courts of which the fir court is that of judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by Metropolita Magistrates, while the serious ones are initially investigated and then sent up to the sessions courts trial. The schedule appended to the code of Criminal procedure gives and provides a list of crimes and offences tribal by Metropolitan Magistrate and by the count of sessions. CRIMINAL (I) COMPLAINT: Cases relating to crimes are triable by the Criminal courts of which the fir court is that of judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by Metropolita Magistrates, while the serious ones are initially investigated and then sent up to the sessions courts trial. The schedule appended to the code of Criminal procedure gives and provides a list of crimes and offences tribal by Metropolitan Magistrate and by the count of sessions. What the students have to remember is that in cases of a serious nature where the police take cognizance of the case, it is the police which takes over the task of prosecuting the accused and leads evidence to establish the guilt of such. persons. In the cases of defamation, malicious prosecution complaints are generally taken up by the private individuals on their own expenses; Generally the formate used in all such complaints is similar because the complaint, whatever it nature, has to be filed before the Metropolitan Magistrate of the Area/District. Normally a criminal case begins with the filling of an F.I.R. with the police station of the area and if there is a serious case, fatal! serious injury/ rape etc. the victim (s) have to undergo medical examination in order to establish the nature of the injury and the real cause of the injury (death) etc. thereafter the prosecution completes the investigation and puts the accused on trial. Students are advised to read the CR. P. C. of the author for further commentary. There are certain private complaints which may be taken direct to the Metropolitan Magistrate with or without the participation of the police. However the complainant must have reported the nature and the facts of the case to the local police and must have obtained a receipt thereof which must from a part of the complaint. Hints on Drafting a Complaint : while drafting a complaint everyone should, remember the "Ten commandants" :- 1. Be brief, 2. Be positive, 3. Be precise, 4. Be relevant, 5. Plead fact and not evidence, 6. Plead fact not low, 7. Do not plead what the low or the court takes for granted or what the other side has got to prove. 8. Give particulars of fraud etc. 9. Do not change your terminology and do not use fine language or words that you do not understand. 10. Do not use the passive voice participle, phrases, pronouns or any sort of ambiguity. Form of Complaint: No special form as such is provided by law. The minimum requirements of a complaint are: i. It must be addressed to a Magistrate; 11. Stating facts which fulfill the ingredients to the offence complained of, iii. And praying for action against the offender for punishment. Apart from the other legal requirement, in practice the complaints are drafted in the following manner, and it should state; a.Name of the court in which the complaint is to be lodged; b.The Criminal case No. of the court c.The name and description including age, occupation and place of residence of the complainant. d.Then "versus" or "vs". e.The name or names of the accused with his address. f.The heading of- the complaint showing the section or section constituting the offences and prescribing punishment therefore. g.The body or the substance of complaint. It is usually commenced in anyone of the following manners: i.The complaint begs to state as follows: ii.May it please the complainant above named begs to state on oath or solemn affirmation as follows: iii.The complainant above named; iv.The prayer, v.The place and date; vi.Lastly the signature or the thumb mark of the complainant. vii.The list of witnesses to be examined. While giving the substance of the offence in the main body of the complainant, care should be taken to see that all the ingredients of the offences are complied with and incorporated without any exaggeration. It is advisable to avoid, as far as practicable, the details and circumstances of the commission of offence which consequently widen the scope of the cross-examination. To entitle a magistrate to take cognizance there should not, only a complaint, which means allegation of commission of offence, but it must contain facts which constitute the offence. The basic facts and materials should be pleaded on which the allegation is founded are required to be stated. Factual details or evidential details need not be however incorporated in the complaint, but it must contain the path and substance of primary facts on the basic if which the allegation of the commission of on offence is being made. Taking cognizance of an offence is the first and foremost step towards trial. The code of Criminal procedure has not defined the expression "cognizance of an offence" or "taking cognizance of an offence". Literally meaning of cognizance is knowledge or notice and taking cognizance of offence means taking notice, or becoming aware of the alleged commission of an offence. The judicial officer wit have to take cognizance of the offence before he could proceed to conduct a trial. Taking cognizance does not involve any formal action or indeed action of any kind but occurs as seen as a magistrate as such applies his mind to the suspected commission of an offence for the purpose of proceeding to take steps (under sec.200, or section 202, 204) towards inquiry or trial. It includes intention of a judicial proceeding against an offender in respect of an offence or taking steps to see whether there is a basis for initiating Judicial proceeding. When a magistrate applies his mind not for the purpose of proceeding as mentioned above, but for taking action of some other kind, that is ordering investigation under sec. 156 (3), or issuing a search warrant for the purpose of investigation, he cannot be said to have taken cognizance of the offence. A magistrate can take cognizance of an offence only within the time limits prescribed by law for this purpose (sec. 467 - 473) the accused is entitled to raise on objection to the maintainability of the complaint either on the ground of limitation or of jurisdiction or any other analogous ground. It is desirable that such preliminary points should be raised and decided at the beginning so that the time of the court could be saved and the accused person would also be saved from trouble and unnecessary expend time. There may be cases in which preliminary points should not be allowed to be raised. But there are cases where the objection goes to the very root of the maintainability of the complaint and in such cases it is not only permissible but desirable that such objections should be raised at the earliest opportunity and decided so that unnecessary waste of time of the court and of the litigant public might be avoided. An accused person has a right to raise a preliminary objection to the maintainability of the complaint and to have it decided so that he may not be put to the necessity of under going a trial in case he succeeds on the preliminary objection. The complaint is in the nature of an indictment. Therefore averments in a complaint must be established and properly proved by evidence. Before anyone can be convicted on charges formulated in a complaint, all those charge must be fully and properly proved in accordance with procedure and the law of evidence applicable to Criminal charges. DRAFTING Gallery www.lawtool.net Previous Next

< Back CONSTITUTION OF INDIA CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for SOVEREIGN DEMOCRATIC REPUBLICw.e.f. 3-1-1977. 2. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for unity of the Nation w.e.f. 3-1-1977. CONTENTS PART I : THE UNION AND ITS TERRITORY PART II : CITIZENSHIP PART III : FUNDAMENTAL RIGHTS PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY PART V : THE UNION CHAPTER I : THE EXECUTIVE CHAPTER II : PARLIAMENT CHAPTER III : LEGISLATIVE POWERS OF THE PRESIDENT CHAPTER IV : THE UNION JUDICIARY CHAPTER V : COMPTROLLER AND AUDITOR-GENERAL OF INDIA PART VI : THE STATES CHAPTER I : GENERAL CHAPTER II : THE EXECUTIVE CHAPTER III : THE STATE LEGISLATURE CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR CHAPTER V : THE HIGH COURTS IN THE STATES CHAPTER VI : SUBORDINATE COURTS PART VII : THE STATES IN PART B OF THE FIRST SCHEDULE PART VIII : THE UNION TERRITORIES PART IX : THE PANCHAYATS PART X : THE SCHEDULED AND TRIBAL AREAS PART XI : RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I : LEGISLATIVE RELATIONS CHAPTER II : ADMINISTRATIVE RELATIONS PART XII : FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I : FINANCE CHAPTER II : BORROWING CHAPTER IV : RIGHT TO PROPERTY PART XIV : SERVICES UNDER THE UNION AND THE STATES CHAPTER I : SERVICES CHAPTER II : PUBLIC SERVICE COMMISSION PART XIVA : TRIBUNALS PART XV : ELECTIONS PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES PART XVII : OFFICIAL LANGUAGE CHAPTER I : LANGUAGE OF THE UNION CHAPTER II : REGIONAL LANGUAGES CHAPTER III : LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. CHAPTER IV : SPECIAL DIRECTIVES PART XVIII : EMERGENCY PROVISIONS PART XIX : MISCELLANEOUS PART XX : AMENDMENT OF THE CONSTITUTION PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS PART XXII : SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE ELEVENTH SCHEDULE TWELFTH SCHEDULE Previous Next

Kulbhushan Jadhav Case In this case Kulbhushan Jadhav was arrested in March 2016 by Pakistani security forces inBalochistan province after he reportedly entered from Iran. He was sentenced to death by a Pakistani military court on the charges of espionage and terrorism in April 2017. India has always maintained that Kulbhushan Jadhav is not a spy, and that Pakistan should provide counsellor access to him as his case pertains to abduction from the Iranian territory. In May 9, 2018, ICJ has stayed his death sentence after India had moved a petition before the UN body to seek justice for him, alleging violation of the Vienna Convention on Consular Relations by Pakistan. During the hearing in the case on February, 2019, India said Pakistan's continued custody of Indian national Kulbhushan Jadhav without any consular access should be declared "unlawful" as it was an egregious violation of the Vienna Convention. Harish Salve, who is representing India and Kulbhushan Jadhav in the ICJ, said Pakistan was using the issue of Kulbhushan Jadhav as a "propaganda tool" without even following the due proper procedure. Consular Access India had demanded consular access to Jadhav under the rules of the Vienna Convention on Consular Relations of 1963. The Vienna Convention on Consular Relations is an international treaty that defines consular relations between independent states. A consul, (who is not a diplomat) is a representative of a foreign state in a host country, who works for the interests of his countrymen. Article 36 of the Vienna Convention states that foreign nationals who are arrested or detained in the host country must be given notice without delay of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then verify the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention. Importance of consular access for India in Jadhav case Jadhav was awarded death sentence after a secret trial hence there are chances of trial being fake or sham.If India gets consular access to Jadhav, it can demolish the Pakistani case by advising Jadhav on the various aspects of the case and can get access to Jadhav's real version of events leading to his arrest. INTERNATIONAL COURT OF JUSTICE General List No. 168 17 July 2019 JADHAV CASE (INDIA v. PAKISTAN) Factual background Arrest and detention by Pakistan of an individual named Mr. Kulbhushan Sudhir Jadhav — Mr. Jadhav accused of involvement in espionage and terrorism activities — Criminal proceedings instituted — Mr. Jadhav sentenced to death by military court in Pakistan. Jurisdiction of the Court Dispute relates to interpretation and application of Vienna Convention on Consular Relations — The Court has jurisdiction under Article I of Optional Protocol to Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes. Admissibility of India’s Application. First objection of Pakistan to admissibility — Alleged abuse of process — No basis to conclude that India abused its procedural rights when it requested indication of provisional measures — Articles II and III of Optional Protocol do not contain preconditions to the Court’s exercise of its jurisdiction — First objection to admissibility rejected. Second objection of Pakistan to admissibility — Alleged abuse of rights — Contention by Pakistan that India failed to prove Mr. Jadhav’s nationality — No room for doubt that Mr. Jadhav is of Indian nationality — Other arguments advanced by Pakistan based on alleged breaches of India’s international obligations under Security Council resolution 1373 (2001) — Allegations to be examined below as part of the merits — Second objection to admissibility rejected. Third objection of Pakistan to admissibility — India’s alleged unlawful conduct — Pakistan’s objection based on “clean hands” doctrine rejected — No explanation how allegedunlawful conduct by India prevented Pakistan from providing consular access — Pakistan’sobjection based on principle of “ex turpi causa non oritur actio” cannot be upheld — Principle “ex injuria jus non oritur” inapposite in present case — Third objection to admissibility rejected. India’s Application admissible. Applicability of Article 36 of Vienna Convention. Alleged exception based on charges of espionage — No reference in Vienna Convention to cases of espionage — Article 36 does not exclude from its scope persons suspected of espionage — Consular access expressly regulated by Article 36, and not by customary international law — Relevance of 2008 Agreement on Consular Access between India and Pakistan — No restriction on rights guaranteed by Article 36 in 2008 Agreement — 2008 Agreement constitutes a subsequent agreement within meaning of Article 73, paragraph 2, of Vienna Convention — Point (vi) of 2008 Agreement does not displace obligations under Article 36 — None of arguments concerning applicability of Article 36 of Vienna Convention can be upheld — Vienna Convention applicable in present case. Alleged violations of Article 36 of Vienna Convention. Alleged failure of Pakistan to inform Mr. Jadhav of his rights under Article 36, paragraph 1 (b) — Allegation not contested by Pakistan — Mr. Jadhav not informed of his rights — Finding that Pakistan breached its obligation to inform Mr. Jadhav of his rights under Article 36, paragraph 1 (b). Alleged failure of Pakistan to inform India, without delay, of arrest and detention of Mr. Jadhav — Pakistan under obligation to inform India’s consular post of arrest and detention of Mr. Jadhav — Notification some three weeks after his arrest — Finding that Pakistan breached its obligation to inform India “without delay” of Mr. Jadhav’s arrest and detention. Alleged failure of Pakistan to provide consular access — Consular access to Mr. Jadhav not granted by Pakistan — Finding that Pakistan breached its obligations under Article 36, paragraph 1 (a) and (c) by denying consular officers of India access to Mr. Jadhav. Abuse of rights. No basis under Vienna Convention for a receiving State to condition fulfilment of its obligations under Article 36 on the sending State’s compliance with other international law obligations — Pakistan’s contentions based on abuse of rights rejected. Remedies. Pakistan under obligation to cease internationally wrongful acts of a continuing character — Mr. Jadhav to be informed without further delay of his rights — Indian consular officers to be given access to him and be allowed to arrange for his legal representation. Appropriate remedy is effective review and reconsideration of conviction and sentence of Mr. Jadhav — Full weight to be given to the effect of violation of rights set forth in Article 36 — Choice of means left to Pakistan — Pakistan to take all measures to provide for effective review and reconsideration, including, if necessary, by enacting appropriate legislation — Continued stay of execution constitutes condition for effective review and reconsideration of conviction and sentence of Mr. Jadhav.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION This section deals with the writs. The writs ate obviously intended to enable the Supreme Court and High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in vacation of the principles of natural justice, PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION This section deals with the writs. The writs ate obviously intended to enable the Supreme Court and High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in vacation of the principles of natural justice, or refuse to exercise jurisdiction vested I them, or there is an error apparent on the face of the record, and such act, omission, error or excess, has resulted in manifest injustice. However, extensive the a jurisdiction maybe it seems that it is not so wide or large as to enable the court to convert .itself into a court of appeal and examine for it self the correctness of the decisions impugned and decide what is the proper view to be taken or the order to be made. Art. 32 of the constitution of India give the right to move the Supreme Court by appropriate proceeding. For enforcement of the rights conferred by part III, of the constitution of India. The provision merely keeps open the doors of the Supreme Court in much of the same way as is used to be said, the doors of chancery court were always open the state cannot place any hindrance in the way of an aggrieved person seeking to approach the supreme court. This is logical enough for it is against state action that fundamental rights are claimed. But the guarantee goes no further at least on the terms of Art. 32 Having reached the Supreme Court, the extent or manner of interference is for the court to decide. It is clear that every case does not merit interference. That must always depend upon the facts of the case. In dealing with cases which have come before it, the Supreme Court has already settled many principles on which it acts. The Supreme Court does not take action in cases covered by the ordinary jurisdiction of the civil court that is to say; it does not convert civil and criminal actions into proceedings for the obtainment of writs. Although there is no rule or provision of law to prohibit the exercise of its extraordinary jurisdiction, the Supreme Court has always insisted up on recourse to ordinary remedies or the exhaustion of other remedies. It is in rare cases, where the ordinary process of law, appears to be inefficacious that the Supreme Court interferes even where other remedies are available. This attitude arises from acceptance of a salutary principle that extraordinary remedies should not take the place of ordinary remedies. Then again the Supreme Court refrains from acting under Art. 32, of the Constitution, if the party has already moved the High Court under Art.26. This constitutes a comity between the Supreme Court and the High Court. Similarly, when a party had already moved the High Court with a similar complaint and for the same relief and failed, the Supreme Court insisted in an appeal to be brought before it and does not allow fresh proceedings to be started. In this connection the principle of res-judicata has been applied. The citizens are ordinarily entitled to appropriate relief under Art. 32 once it is shown that their fundamental rights have been illegally or unconstitutionally violated. Therefore; Art. 32 does not give merely a discretionary power to the Supreme Court t grant an appropriate relief. To enforce fundamental rights, resort can be had to art. 32 of the Constitution of India. Art. 32 is not to be invoked for infringement of a personal right of contract, nor is to be invoked for agitating questions which are capable of disposal under special enactments. The amount there is a threat to a threat to fundamental rights to a citizen, he is entitled to approach the High Court under Article 32 not with standing actual threat has not taken place. The general attitude of the Supreme Court is not to answer any hypothetical question or a question if the same does not arise out if pleadings. (Sanjeev Coke V. Bharat Coking. AIR 1983 SC 239) Art 32 provides in some respects for more effective remedy through Supreme Court then Art. 226 does through the High court. But the scope of the remedy is clearly narrower in that it is restricted solely to enforcement of fundamental right conferred by part III of the constitution. Art. 32 does not merely confer power on the Supreme Court as Art. 226 does on the High Court to issue certain writs for the enforcement of the rights conferred by part III, or for any other purpose, as part of its general jurisdiction. Art. 32 provides a "Guaranteed" remedy for the enforcement of those rights and this remedial right is itself made a fundamental right by being included in part III, the Supreme Court is thus the protector and guarantor of fundamental right and it cannot refuse to entertain applications seeking protection, against infringements of such rights. So and application for relief can be made to the Supreme Court direct. Art. 226 is wider in its scope vis-a- vis Art. 32, in that Art. 226 can be availed of both for enforcement of fundamental rights. But also of ordinary legal rights. Art.32 (3) enables parliament to make a law empowering any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2) thereof one thing to be noticed is that the parliament can only empower any other court to exercise any of the powers exercisable by the Supreme Court under clause (2), it cannot confer guaranteed right mentioned in clued (1) on any person to move that curt. That is to say, the court to courts to which such powers are given would be in the same position as the High Court in respect of the enforcement of the fundamental rights. In short no person would have a guaranteed right to move any such other court for the enforcement of fundamental lights. A discretionally jurisdiction similar to that of the High Court be . conferred on them. Application for writ and its maintainability In the case of K.K. Kochunni v.state of Madras (AIR 1959 SC 725) it was observed that the Supreme Court is bound to entertain a partition under Art. 32 of the constitution and to decide the same on merit even if it may encourage litigants to file many petitions under Art. 32 instead of proceedings by way of a suit. That consideration cannot by it self, be a cogent reason for denying the fundamental right of a person to approach the Supreme Court for the enforcement of his fundamental right which may, primafacie, appear to have been infringed. Even, if the existence of other adequate legal remedy may be taken into consideration by the High Court in deciding whether it should issue any of the prerogative writs on an application under Art.226 of the constitution, the Supreme Court cannot on a similar ground decline to entertain a petition under Art. 32, for the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by part III of the constitution is itself, a guaranteed right. The mere, existence of an adequate alternative legal remedy cannot perse be a good and sufficient ground for throwing out a petition under Art. 32, if the existence of a fundamental right and a breach, actual or threatened, of such right is alleged and is prima- facie established on the petition. In the following cases or circumstances writ petition under 32 lie: - (a) Where action is taken under an ultra vires statutes, (b) Where the statute is intravires but the action taken is without jurisdiction, and (c) Where the action taken is procedurally ultra-vires - The scope of Art-32 is being enlarged by judicial activism. In MC. Mehta V. Union of India (AIR 1987 SC 1086) it was pointed out that the court can entertrain claim for compensation suffered by a citizen on account of violation of fundamental rights. Amendment of writ petition which cause no injustice to other side, avoids multiplicity of proceedings, and is necessary for determining real controversy of matter, should be allowed. Aggrieved party can file a petition under Art. 32. and a petition for write under Art. 32 is not maintainable unless there has been a violation of some fundamental right. In the case of Ravindra Nath Bose V. UOI (1970, 1SCC84) Supreme Court held that no relief should be given to petitioners who, without any reasonable explanation, approach the Supreme Court under Art 32 of the constitution after in ordinate delay. The Supreme Court administers justice in accordance with law and principles of equity and good conscience. Applicability of Art. 226: The jurisdiction under Art.226 is to seeing that the judicial or quasi- judicial tribunals or administrative bodies exercising quasi- judicial powers, do not exercise their powers in excess of their statutory jurisdiction, but correctly administer the law within the ambit of the statute creating them or entrusting those functions to them where the Act has created its own hierarchy of officers and appellate authorities, to administer the law and so long as those authorities function within the letter and spirit of law, the High Court has no concern with the manner in which those powers have been exercised. Writ jurisdiction is a discretionary and equitable jurisdiction. But since fundamental rights guaranteed by the Constitution the courts cannot refuse to enforce them on the ground of discretion. In the case of other rights the High Court generally refuse to exercise their discretion (a) Where an alternative remedy is available to the petitioner, (b) Where the petition is guilty of laches or unreasonable delay or acquiescence; (c) Where the petition has, misrepresented or suppressed martial facts; (d) Where it is no equitable to issue a writ; (e) Where the writ, if issued, would be futile or ineffective or merely academic, (f) Where the petition has become in fructuous; (g) Where the grant of relief depends on investigation of disputed facts. The writ jurisdiction of Supreme Court can be invoked only in cases of actual or threatened violation of fundamental rights guaranteed by part III of the constitution. The jurisdiction of the High Court is wider and can be exercised for the protection of fundamental rights as well as other legal rights. ' WRITS UNDER ARTICLE 32 & 226 1) Habeas Corpus: It is a writ in the nature of an order calling upon the person who has detained another to produce the detained person before the court, in order to let the court know on what ground he has been confined and to set him free if there is no legal justification for the detention. The writ is available in every case of unlawful detention either by an instrumentality of the state or by a private person.Art. 21 provide that no person shall be deprived of his life or personal liberty except according to procedure established by law. Art.22 provides protection against arrest and detention in certain cases. Whenever a case of arrest or detention by the authorities in violation of these provisions is established writ of habeas corpus would be issued. The jurisdiction can be invoked not only when a person is in actual detention but also when there is a real threat to his liberty and also when a person is on bail. But it cannot be invoked in the case of detention as a result of conviction on a criminal charge by a court of competent jurisdiction. 2) Mandamus: The writ of mandamus is a prerogative writ of a most extensive remedial nature, and is form, a command issuing from the court directed to any person, corporation inferior court, requiring him or them to do some particular thing specified which appertains to his or their office and is in the nature of a public duty. A writ of mandamus maybe granted only in a case where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge that statutory obligation. In order to obtain a writ of mandamus the petitioner must establish i. That he has a legal right to the performance of a legal duly by the respondent. ii.That such duty is one imposed by the constitution, a statute, common law or by rules or orders having the force of law; iii. That the duty is of a public nature and iv. That a demand for justice was made and refused. 3) Certiorari: The object of a writ of certiorari is to keep the exercise of powers by judicial and quasi­judicial tribunals within the limits of the jurisdiction assigned to them by law and to restrain them from acting in excess of their authority. Whenever the body of personas, having, legal authority to determine questions affecting rights of subjects and having the duty to act judicially act in excess of their authority, certioraris may issue to quash the decision that goes, beyond jurisdiction. The decision of a judicial or quasi- judicial tribunal may be quashed by the issue of a writ of certiorari of one or more a the following grounds ate made out: - (i) The tribunal has acted without or in excess of its jurisdiction, (ii) That there is an error if law apparent on the face of the record; (iii) That the tribunal has acted contrary to the principles of natural justice; (iv) That the tribunal has acted in flagrant disregard of the procedure prescribed. (v) That the tribunal was biased, (vi) That the tribunal has acted malafide. 4) Prohibition : A writ of prohibition is also directed to wares keeping judicial and quasi judicial tribunals within the Iimits of their jurisdiction while a writ of certiorari can issue only after the tribunal has passed orders a writ of prohibition may be issued while the matter is still pending before the tribunal. A writ of prohibition is intended to prohibit or restrain the tribunal from action without or in excess of jurisdiction. A writ of prohibition is issued to prevent the tribunal from proceeding further, when the tribunal proceeds to act: (i) Without or on excess ofjurisdiction; (ii) In violation of the rules of natural justice; (iii) In utter disregard of the procedure prescribed; (iv) In contravention of fundamental rights; and (v) Under a law which is ultra-vires of unconstitutional. 5) Qua-warran to: In order to invoke the jurisdiction for issuing a writ of quo-warranto the following conditions have to be satisfied - (i) That the officer is a public office; (ii) That it is substantive in character; (iii) That it has been created by a statute, or the constitution to by rules having the force of law; (iv) That the respondent has asserted a claim to the office; and (v) That the respondent aid not legally qualified to hold the office or remain in the office, or that some statutory provisions have been violated in making the appointment, so that his title to the office becomes invalid or without legal authority. 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Seth Mohan Lal v. Grain Chambers Ltd; 1967 Seth Mohan Lal v. Grain Chambers Ltd; 1967 FACT: The respondent company was formed for carrying out specific business that relates with the exchange of commodities that included gur. The Articles of association of the company made it compulsory for all the members in the company to participate in the company’s business transactions. The company’s transactions were carried out based on the 1913 Companies Act which did not contain any prohibition against the entering of a director into transactions with the company. The Act was amended in 1936 which prohibited directors from entering into transactions with the company; this did not change the Company’s mode of operation. The appellant company had entered into a transaction with the respondent and had made huge deposits in monetary terms to the account of the respondent in respect to the transaction. The Indian government had on February 15, 1950 issued an order that prohibits any person from entering into transactions on ‘future’ in gur or make or receive payments relating to any futures aer the said date. The appellant filed a petition against closing of the company following their resolution to settle all outstanding transactions before the closing day at the prevailing rate. JUDGEMENT: The appeal court held that the notification had voided any outstanding transaction in guts and futures. Thus, no case was made out from the closing of the company and the notification against the transactions in futures in gut was to operate in the prospective.

SHANKARI PRASAD VS. UNION OF INDIA, 1952 SHANKARI PRASAD VS. UNION OF INDIA, 1952 Issue In this case, the First Constitution Amendment Act, 1951 was tested on the ground that it abuses the Part-III of the constitution and subsequently, should be viewed as invalid. Through this revision act, certain laws were brought which were diminishing right to property. For this situation, the contention which was advanced was that according to article 13, no law can encroach or annul basic rights so in what capacity the constitutional correction can disregard it? JUDGMENT It was held by the Apex court that the force presented by Constitution under Article 368 to Parliament to alter the laws is exceptionally wide and it likewise incorporates the ability to remove the major rights ensured under Part III of Indian Constitution. Further, the Supreme Court collectively held that “The expressions of article 368 are completely broad and engage Parliament to change the Constitution with no exemption whatever. With regards to article 13, “law” must be interpreted as meaning principles or guidelines made in exercise of common authoritative force and no alterations to the Constitution made in exercise of constituent force, with the outcome that article 13 (2) doesn’t influence revisions made under article 368.”

Prahalad Saran Gupta v. Bar Council of India(AIR 1997 Sc 1338). Fact of the case -Gupta was practicing Advocate at Gaziabad . He was appearing for the decree-hold in an execution case between Atma Ram manak Chand v.Shriram in the Ghaziabad court.The degree holder has filed a complaint in the State Bar Council against his Advocate (Gupta) alleging the following professional misconduct. 1. He has colluded with the judgement debtor and accepted Rs. 1500 out of the total decreed amount and allowed time for the payment of the remaining balance. 2. The amount so received is not given to the degree holder. 3. He has helped the judgement Debtor to get the execution stayed by the High Court. 4. When he was Acting as a standing counsel for the railways ,he drafted the notice under S.80.C.P.C to be served to the railways on behalf of M/s. Agerwal traders who was the compliment against the Railways. This is a serious professional misconduct. The draft prepared by his own handwriting was produced before the disciplinary committee. Gupta denied all the allegations and informed that he was holding the amount of Rs.1500 as trustee on behalf of his client. Since the enquiry was not completed within one year the matter was transferred to the Bar Council of India. The Bar council of India has found the appellant guilty of serious professional misconduct and passed an order suspending him from the practice for a period of one year. Gupta challenged this order before the Supreme court. The Supreme court passed the following orders. 1. It is not advisable for the Disciplinary Committee to base its conclusion purely on the basis of its own comparison of the hand writing of Gupta with the alleged draft prepared by him. The court held that the charge of professional misconduct is quasi criminal in nature requires proof beyond reasonable doubt. 2. Addressing a letter to the counsel of the opposite party (judgement debtor) in the execution proceedings amounts to professional misconduct. 3. Holding the money with him which he has received in the execution proceedings without any sufficient reason amounts to professional misconduct. 4. For this misconduct suspending him from practice for 1 year is too much , So the Bar Council of India’s order is set aside and he was reprimanded with strong words.

Dr. D.C. Saxena vs Hon'Ble The Chief Justice Of India on 19 July, 1997 PETITIONER: DR. D.C. SAXENA Vs. RESPONDENT: HON'BLE THE CHIEF JUSTICE OF INDIA DATE OF JUDGMENT: 19/07/1997 BENCH: K. RAMASWAMY J U D G M E N T K. Ramaswamy, J. In a clash of competing interests in constitutional contours, this case calls to strike a balance between the freedom of speech and expression, a salutary right in a liberal democratic society and paramount countervailing duty to maintain public confidence in the administration of justice. The petitioner has initiated public interest litigation under Article 32 of the Constitution to direct Sri P.V. Narasimha Rao, the President of Indian National Congress and the former Prime Minister of the country to pay a sum of Rs.8.29 lakhs and odd said to be due to the union of Indian for use of Indian Air Force aircraft or helicopters from October 1, 1993 to November 30, 1993. When writ Petition No. 432/95 was posted for hearing on July 17,1995 before the learned Chief Justice of India and brother Justice S.C. Sen the solicitor General for India, Shri Dipankar P. Gupta was sent for and the Court directed him to have the averments verified to be correct and directed the petition to be listed after two weeks. On August 7,1995, the writ petition came before the Bench comprising the learned CJI, Justice S.C. Sen and Justice K.S. Paripoornan. It is not in dispute that the Solicitor General had placed the record before the Court and upon perusal thereof and after hearing the petitioner-in-person, the Bench summarily "dismissed"" the writ petition which had triggered the petitioner to file yet another writ petition, this time against the learned Chief Justice of India, Justice A.M. Ahmadi. The Registry raised objections for its maintainability but, at eh insistence of the petitioner, it was posted, with office objections, for hearing, as unregistered Writ petition After hearing the petitioner, the Bench dismissed the second writ petition with the order as under: "The several averments in the writ petition are scandalous and it is surprising that the petitioner, who is said to be a Professor in a University, has chosen to draft and file such a writ petition. His understanding of the meaning of Article 32 of the Constitution, is to say the least, preposterous. The allegations made are reckless and disclose irresponsibility on the part of the petitioner. This writ petition is wholly misconceived and is an abuse of the process of the Court. The writ petition has no merit. The writ petition is, therefore, dismissed. In view of the attitude of the petitioner even at the hearing, when the persisted in this stand and, on our asking him, reiterated that he stood by the scandalous averment made therein, we consider it our duty to issue to the petitioner a notice to show cause why proceedings to punish him for contempt of this Court should not be initiated against him. The Registry to take the necessary steps for registering the matter as a contempt petition. The petitioner who is present- in-person is given notice of the contempt petition. He is required to file his reply within four wheels to show cause why proceedings for contempt should not be initiated against him. We request the learned Solicitor General to assist the Court in this contempt matter. List the matter after notice of the date fixed by Registry is given to Dr. D.C. Saxena and the Solicitor General."

RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) 2 Supreme Court Cases 237 (BEFORE ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.) 237 I RAMVIR Versus Appellant; STATE OF UTTAR PRADESH Criminal Appeal No. 183 of 2013t, decided on October 26, 2018 Respondent. A. Penal Code, 1860 - Ss. 148/149 r/w S. 302-Conviction with aid of Ss 148/149 cannot be recorded in the absence of at least 5 accused: either at least 5 accused should stand convicted, or total number of convicted accused plus unnamed accused should not be less than 5 Tatal 6 named accused and no unknown persons involved of all accused of all charges except appellant their attaining finality-In such circumstances, held, possibility of conviction of appellant under Ss. 148/149 IPC could have arisen only if there would have been certain unknown persons besides the named five acquitted co-accused- Acquittal Hence, appellant also (Paras 13 to 15) acquitted R. Penal Code, 1860 S. 302 simpliciter – Conviction under, if Sustainable as conviction with aid of S. 149 not sustainable No evidence that appellant was author of gunshot that hit and killed dareased-Ballistic report not supporting that shot was fired from appellant's aile-Appellant's rifle not taken in police custody immediately after incident, but appellant surrendered same in court - Appellant sole accused, acquittal of rest five co-aceused, not challenged, thus, attaining finality Conviction, under S. 302, set aside Ramvir v. State of U.P., 2012 SCC OnLine All 4523, reversed (Paras 16 to 18) Appeal allowed SS-D/61267/CR Advocates who appeared in this case: S.R. Singh, Senior Advocate (Mangat Prasad, Adarsh Verma and Ms Namita Choudhary, Advocates) for the Appellant; Manoj K. Mishra, Pradeep Misra, Advocates, for the Respondent. Chronological list of cases cited 1. 2012 SCC OnLine All 4523, Ramvir v. State of U.P. (reversed) on page(s) 237g, 239a, 239a-b, 239d, 240c, 240f The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J.

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Durga Prasad V Baldeo; 1880 Durga Prasad V Baldeo; 1880 FACT: Latest article Durga Prasad had constructed some shops at the market with the promise of paying commissions on the sales made from the shop. Baldeo had spent some money for the improvement of the condition of the market on the authority of the government. The issue of a consideration was brought before the court. JUDGEMENT: The court nullified the agreement because of the lack of a consideration which must be as desired by the promisor.

Indian Laws, Bare Acts CONSTITUTION OF INDIA CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for SOVEREIGN DEMOCRATIC REPUBLICw.e.f. 3-1-1977. 2. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for unity of the Nation w.e.f. 3-1-1977. Read More THE CODE OF CIVIL PROCEDURE, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:- Read More THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) An Act to consolidate and amend the law) relating to the import, transport, storage, production, refining and blending of petroleum [16th September, 1934] Whereas it is expedient to consolidate and amend the law relating to import, transport, storage, production, refining and blending of petroleum. It is hereby enacted as follows: Read More

RUSSIA 1/1 We, the multinational people of the Russian Federation , united by a common fate on our land, establishing human rights and freedoms, civic peace and accord, preserving the historically established state unity, proceeding from the universally recognized principles of equality and self-determination of peoples, revering ... We, the multinational people of the Russian Federation, united by a common destiny on our land. asserting human rights and liberties, civil peace and accord, preserving the historic unity of the State, proceeding from the commonly recognized principles of equality and self-determination of the peoples. honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its imumutable democratic foundations, strving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Corstitution of the Russian Fedieration.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back EXECUTION - PETITION EXECUTION PETITION Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit. EXECUTION PETITION Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit. Sections 36 to 74 and order 21 (XXI) of the code of Civil Procedure deal with the law and procedure for the execution of decrees. The order consists of 106 rules and is the longest of all he order of the code. The question as to the execution of decree shall arise only when the person against whom the decree has been passed, does not comply with it. Order XXI of the code deals with those steps which a decreeholder shall have to follow in the execution of he decree against the judgment- debtor. According to Rule 30 or order XXI the expression, 'execution of a decree means the enforcement of the decree against a judgment debtor's person or property or both through the forum of the court. According to court to Rule 21 of the same order the court may, in its discretion, refuse execution at the some time against the person and property of the judgment debtor. The true executing against the person of the judgment- debtor means his arrest and detention in civil prison the term, execution against the property of the judgment debtor, means the attachment and sale of his property and then payment of the amount of the decree out of the sale proceeds to the decreeholder. A decree may be executed either by the court which passed it, or by the court to which it is sent for execution. Application for Execution : Where a decree-holder desires to execute it, he shall apply to the court which passed the decree. Every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person who is acquainted with the facts of the case, and it shall contain the following particulars as provided under rules 11 (2) to 14 of the Order XXI. a. The name of the court, b. The number of the suit, c. The names of the parties, d. The date of the decree; e. Whether any appeal has been preferred from decree, and if so what is the result thereof, f. The nature, character and the amount of the decree and costs. g. The mode of execution, against person or property movable and immovable and their detailed description. If the application complies with rules 11 (2) to 14, the court will direct exclusion under rule 24; and if it does not it may be rejected or ordered to be amended under rule 17. When the application is rejected, the decree- holder can present another application properly framed. Where the application is made for arrest and detention of the judgment-debtor in prison, it shall state the grounds on which artest is applied for and shall be accompanied byan Affidavit of the applicant or any other person conversant with the facts of the case, (Rule 11- A). But where the decree is for the payment of money and the judgmentdebtor is present in the court at the time when the decree is passed, on the oral application (Rule 11 (1) Orper XXI) of the decree- holder, the court may order immediate execution of the decree by arresting the judgment-debtor without prior preparation of warrant under rule 11 (1) of the order. Who May Apply for Execution: The application for execution is made by the decree-holder. Where the decree has been passed jointly in favour of more persons than one, anyone or mare of such persons may apply for execution (rule 15). Where a decree is transferred by the decree-holder, the transferee may apply for execution (Rule 16). If the decree-holder is dead, his legal representative may apply for execution. Against Whom Execution May be Applied for: where judgment-debtor is living, the execution is applied for against him, but if he is dead, execution is applied for against his legal representative. When the execution is applied for against legal representative of the deceased judgment-debtor, it cannot be against the person of the legal representative, but only against the property of the jUdgment-debtor which has come to the legal representative and has not been disposed of by him (sec. 50). Form of Execution Petition: An application for execution of decree under rule must state certain particulars. The decree-holder is required to state the details as number of The suit, names of e parties, the date of decree, etc, in his executions application, and if upon scrutiny, it appears that any of this detail is missing in the application; the court may give an opportunity to the decree-holder to remedy the effect. An application for execution is generally made in a tabular form given in form NO.6 in appendix E to the first schedule of the civil procedure code. But the fact that the petition for execution was not in a tabular form is, in itself, not a sufficient ground for rejection the application. Verification of Application Sub rule (2) of 11 enjoins that every application for the execution of ta decree shall be verified by (i) The application, or (ii) Some other person proved to the satisfaction of the court to be acquainted with the facts of the case. A valid application can be signed and verified by any person proved to the satisfaction of the court to be acquainted with the facts of the case. So, if an incorporate body obtains a decree through its secretary and the application for execution is sighed and verified by its president, the application is competent. Rule 11 (1) does not require that the execution petition must be verified by a person authorised by the decree-holder. It may be verified by any person acquainted with the facts of the case. The provisions, as regards the signing and verification in sub-rule (2) in respect of an execution application are mandatory and the omission to comply with the same constitutes a material irregularity, which unless cured, renders the application open to the objection that the some is not in accordance h law. Where they are more applicants than are, the verification need not be signed by all a verification one of them acquainted with the facts of the case is sufficient. 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CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back AFFIDAVIT Affidavit is a written declaration. on oath. A written statement sworn before a person having authority to administer on oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements as to his belief, with the grounds thereof, may be admitted. AFFIDAVIT Affidavit is a written declaration. on oath. A written statement sworn before a person having authority to administer on oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements as to his belief, with the grounds thereof, may be admitted. Affidavits are required for filing in judicial proceedings before courts or in proceedings before other authorities. Usually the rules of courts of courts or the rules governing the proceedings before the authorities prescribe the form and contents of affidavits. Order XIX of the CPC deals with Affidavits in Civil Courts. Rule 1 empowers the court to order that any particular fact or facts may be proved by Affidavits Rule 2 provides power to order attendance of deponent for cross-examination, and Rule 3 sets out the matters to which Affidavits shall be confined. The Allahabad High Court has added Rule 405 to order XIX which prescribe in detail the form, the contents and the male of execution of Affidavits. Section 139 of CPC prescribes the authorities who may administer oaths to the deponent of an Affidavit. Section 3 (2) of the oath Act 1969 provides; Without prejudice to the powers conferred by sub-sec.(1) or by or under any other law for the time being in force, any court judge, Magistrate or person may administer oaths and affirmations for the purpose of Affidavits, if empowered in this behalf: - a) By the High Court, in respect of Affidavits, for the purpose of judicial proceedings, b) By the state Govt. in respect of other Affidavits. Oath Commissioners for swearing and Affidavits have been appointed- for all courts from- the amongst advocates and members of the staff of the court. Affidavits are chargeable with stamp duty under Act. 4, schedule I, stamp Act. 1899. But no stamp duty is charged on Affidavits filed or used in courts. Such Affidavits are liable to payment of court fee prescribed for the various courts. All Affidavits must strictly conform to the provisions of order XIX, Rule 3,CPC and in the verification it must be clearly stated as to which portion are being ,sworn on the basis of personal knowledge and which on the basis if information received and believed to be true. In the latter case the sources of information are not disclosed, the Affidavits is not in accordance with law and such an Affidavit is inadmissible in evidence. It is very important and material that the Affidavit should be properly verified otherwise it cannot be treated as evidence. Affidavit is an important document and, therefore, it should be prepared very carefully, furnishing of a false affidavit is punishable under sections 199 and 200 of the Indian penal code. An Affidavit is sometimes also required to be filed in support of an application and in that the facts and grounds etc. should be mentioned in the Affidavit only. But the application must state that the facts and grounds in support of the application are being given in the accompanying Affidavit. Affidavit being and important document requires great care and skill in its drafting. It may be noted in this connecting that various High Courts have made it rules and Affidavit should be drafted so as to meet the requirements of those rule following general guidelines should be following general guidelines should be followed while preparing an Affidavits : - a) The person making the Affidavit shall be fully described in an Affidavit in order to establish his identity clearly. For this purpose, it shall contain the full name, father's name, his professional status, occupation or trade and complete residential address. b) An Affidavit should be divided into paragraphs and numbered consecutively and each paragraph should be confined to a distinct fact. c) The declaring when speaks to any fact within his own knowledge he should use the words "I solemnly affirm" or "I make oath and say" or that "the deponent solemnly affirm and states as under". d) Affidavit should generally be confined to matters within the personal knowledge of the declarant. If he verifies a fact on information received he should make a specific mention to this effect and use the words, "the information received from so and so which I believe it to be true". e) Every person making an Affidavit for use in a civil court shall, if not personally known to the person before whom the Affidavit is made, be identified to the person by some one known to him and the person before whom the Affidavit is made state at the foot of the Affidavit the name, address and descript of the person the person by whom the identification was made as well as the date, time and place of such identification. Such identification. Such identification may be made by a person personally acquainted with the person to be identified or satisfied from papers in that person's possession or otherwise of his identity. f) The person before whom Affidavit is bring made shall, before the same is made, ask the person proposing to make such Affidavit if he has read the affidavits and understood the contents thereof and if the person proposing to make such affidavit stats that he has not read the affidavit or appears not to understood the contents thereof or appears to be illiterate, the person before whom the Affidavit is being made shall read and explain, or cause some other competent person to read and explain in his presence the affidavit to the person proposing to make the same, and when the person before whom the affidavit is being made is thus satisfied that the person proposing to make such affidavit understood the contents thereof, the Affidavit maybe made. g) The person before whom an Affidavit is made shall certify at the foot of the Affidavit the fact of the making of the affidavit before him and the date time and place when and where it was made and shall for the purpose of identification mark and initial exhibits referred to in the affidavit. h) Any clerical error corrected in the Affidavit shall be initiated by the person before whom the affidavit is made. i) Amendment in an Affidavit is not permitted, but a supplementary Affidavit can be filed with the leave of the court when any error or mistake is intended to be corrected or any addition is intended to be made. j) The Affidavit should contain the following oath or affirmation at the end. "I swear or, solemnly affirm that my this declaration is true or, that the contents of this Affidavit are time, and that it conceals nothing material, and that no part of it is false". Verification: An Affidavit must be verified to show the genuiness and authenticity of facts and allegations made therein and also to make the deponent liable for the allegation. Verification of an Affidavit must be done in the lines of order XIX, Rule 3 CPC. The verification must specifically make a mention with reference to the numbered paragraphs of the Affidavit as to what he verifies of his personal knowledge and what he verifies upon information received and believed by him to be time. It has been held that where an averment is not based on personal knowledge, the source of information should clearly be disclosed. DRAFTING Gallery www.lawtool.net Previous Next

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CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Drafting, Pleadings and Conveyancing GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter. Drafting, Pleadings and Conveyancing Drafting : To draft = To draw up = To outline in the form of rough notes. Pleading: (Definition, according to the Civil Procedure Code) Plaint or written statement, All statements are written statements. To Plead :To address the court as an advocate on behalf of the plaintiff or the defendant, i.e. client. Pleading: Formal written statements, replies to the accusations made Pleadings by the parties in a legal action. Conveyancing:To convey To give to somebody full legal rights in land or building = Real Property Land and Buildings. Conveyance : A document conveying the property. The meaning of the word DRAFTING is to draft or to draw up or to outline in the form of rough notes, while PLEADING, according to the Civil Procedure Code, means a Plaint, or a written statement. Therefore, all pleadings are written statements. To plead on behalf of the plaintiff or the defendant, The meaning of the word CONVEYANCING is O convey or to give to somebody full legal rights in land or building, which is called real property, and real property includes land and buildings. A conveyance means a document conveying the property. The importance of the study of law need not be explained. It is said that Law is the King of the Kings. It is, therefore, most powerful and rigid, too. In the whole world, there can be nothing stronger than law. With legal power, even the weak may be superior to the strong. At this background, we have to consider the fact that if Law is the King of the Kings, drafting or pleadings and conveyancing is undoubtedly the Queen of that King. GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter. According to Lord Halsbury - "Where system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued in order that they have an opportunity of bringing forward such evidence as may be appropriate to the issue" Pleading is an art, of course, and art which requires not only technical and linguistic skill but also an expert knowledge of the law on the given point brought before a lawyer. Even experienced lawyers and attorneys are not infallible and sometimes they also make mistakes. However, in the matter of pleadings longer experience and a great linguistic acumen are both essential ingredients. What ultimately matters is how clearly and systematically have the facts been presented before the court of law. DRAFTING Gallery www.lawtool.net Previous Next

Harish Chandra Singh v.S.n.Tripathi (AIR 1997 SC 879) Harish Chandra Singh v.S.n.Tripathi (AIR 1997 SC 879) Mr.Daya Ram engaged Mr. Harish Chandra as a lawyer in a consolidation proceeding pending before the consolidation officer. Since Daya Ram could not attend the case regularly, harish Chandra asked him to appoint a mukhtar. Daya Ram appointed one mr. Syed Hussain, a junior Advocate of harish Chandra as the mukhtar (power agent). Syed Hussain in the capacity as mukhtar sold certain properties of Daya Ram to the father of Harish Chandra (This he did under the pressure of his senior Harish Chandra). Daya Ram filed a complaint against both Harish Chandra and his junior Syed Hussain before the Local Bar Association. The president of the Bar Association forwarded the complaint to the U.P.State Bar Council. Since the matter was not disposed off within one year it was transferred to the Bar Council of India. During the enquiry Daya Ram submitted the following. 1.The mukhtar was obtained fraudulently. 2.Therefore, the sale deed executed by using the mukhtar should be treated as void. 3.The act of Harish Chandra and Syed Hussain amounts to professional misconduct, So they should be punished for that. Syed Hussain confessed the guilt stating that being a junior, by obeying his senior, he did these things and asked for pardon. Harish Chandra contented that his father was living separately and he did not have any contact with him. He also contented that Syed Hussain is not his junior. The Bar Council of India held that Harish Chandra is Guilty of professional misconduct and he was suspended from the practice for two years. His junior Syed Hussain was pardoned. Against this order Harish Chandra filed an appeal before the Supreme court. The Supreme court dismissed the appeal and affirmed the decision of the Bar Council of India.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back PLEADING PLEADING Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases. PLEADING Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases. Meaning: Pleadings are statement of parties in writing, setting out their contention and claims or counter claims giving details, so that the opposite party may know what case he/she has to meet or what is the reply to his/ her case. Shri P.C. Mogha defines it as, "Pleadings are statements written, drawn up and filed by each party to a case stating what his contention will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. " IMPORTANCE OF PLEADINGS: Jacob states, "Pleadings do not only define the issues between the parties for the final decision of the court at the trial, they manifest and exert their importance throughout the whole process of the litigation.Pleadings provide a guide for the proper mode of trial. They demonstrate upon which party the burden of proof lies, and who has the right to open the case. They also determine the range of admissible evidence which the parties should adduce at the trial. They also lay down limit on the relief that can be granted by the Court. Golden Rules of Pleading: In England, pleading is a customary law, while in India, it is much Codified. There are three golden rules of pleading, and they as are as under: [1] Plead facts, not law. [2] Plead facts, not evidence. [3] Plead facts, and only material facts. Material facts mean relevant and important facts. Objects of Pleadings: The object of pleadings as provided by the Supreme Court in the case of Ladle Prasad v. Kamal Distillery Co, AIR 1963 SC 1279, is to narrow down the parties to definite issues and to confine the trial within due limits so as to save time and expenses which might otherwise be needlessly thrown away. Object of Pleadings The whole object of pleading is to give a fair notice to each party of what the opponent's case is. Pleadings bring forth the real matters in dispute between the parties. It is necessary for the parties to know each other's stand, what facts are admitted and what denied, so that at the trial they are prepared to meet them. Pleadings also eliminate the element of surprise during the trial, besides eradicating irrelevant matters which are admitted to be true. The facts admitted by any parties need not be pursued or proved. Thus the pleadings save the parties much bother, expense and trouble of adducing evidence in support of matters already admitted by a party, and they can concentrate their evidence to the issue framed by the Court in the light of the facts alleged by one party and denied by the other. There is another advantage of the pleadings. The parties come to know before hand what points the opposite party will raise at the trial, and thus they are a prepared to meet them and are not taken by surprise, which would certainly be the case if there were no obligatory rules of pleadings whereby the parties are compelled to lay bare there cases before the opposite party prior to the commencement of the actual trial.On the basis of above discussion we deduce the following fundamental rules of pleading, which also have been incorporated in order VI of the Civil Procedure Code 1908. Fundamental Rules of Pleadings 1) That a pleading shall contain, only a statement of facts, and not Law; 2) That a pleading shall contain all material facts and material facts only. 3) That a pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved, 4) That a pleading shall state such material facts concisely, but with precision and certainty. DRAFTING Gallery www.lawtool.net Previous Next

Bare Acts - Live Reading Bare Act is very essential to understand laws; it is the exact text of a particular enactment by legislature. ... In this article, we will learn how to read Bare Act to understand laws. There are some methods or techniques, which you can follow while reading Bare Acts for a clear understanding of the law. www.lawtool.net THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) An Act to consolidate and amend the law) relating to the import, transport, storage, production, refining and blending of petroleum [16th September, 1934] Whereas it is expedient to consolidate and amend the law relating to import, transport, storage, production, refining and blending of petroleum. It is hereby enacted as follows: Click Here THE CODE OF CIVIL PROCEDURE, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:- Click Here CONSTITUTION OF INDIA CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for SOVEREIGN DEMOCRATIC REPUBLICw.e.f. 3-1-1977. 2. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for unity of the Nation w.e.f. 3-1-1977. Click Here Criminal and Motor Accident Laws Indian Penal Code, 1860 Motor Vehicles Act, 1988 Motor Vehicles (AMENDMENT) Act 2000 Personal Injuries (Emergency Provisions) Act, 1962 Prevention of Corruption Act, 1988 Prevention of Terrorism Act 2002 The Central Motor Vehicles Rules, 1989 The Code of Criminal Procedure, 1973 The Criminal Law Amendment Act, 1938 The Criminal Law Amendment Act, 1961 The Criminal Law Amendment Act, 1993 The Criminal Law Amendment Act, 1990 The Criminal Law (Amendment) Act, 2013 The Fatal Accidents Act, 1855 The Juvenile Justice Act, 1986 The Juvenile Justice (Care and Protection of Children) Act, 2000 The Negotiable Instruments Act, 1881 The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 The Terrorist Affected Areas (Special Courts) Act 1984 The Terrorist and Disruptive Activities (Prevention) Act, 1987 The Unlawful Activities (Prevention) Amendment Act 2004 The Unlawful Activities (Prevention) Amendment Act 2008 The Unlawful Activities (Prevention) Act 1967 The Prisoners (Attendance in Courts) Act, 1955 The Prevention of Seditious Meetings Act, 1911 The Prisoners Act, 1900 The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 Defence Law Air Force Act, 1950 The Army Act, 1950 The Reserve and Auxiliary Air Forces Act, 1952 The Armed Forces Tribunal Act 2007 The Navy Act, 1957 Air Crafts Act, 1934 The Airports Authority Of India Act, 1994 ​ Corporate Law The Companies Act 2013 Companies (Foreign Interests) Act, 1918 Company Law Board Regulations, 1991 THE Companies (Amendment) Act, 2006 The Company Act, 1956 (Repealed) The Company Secretaries Act, 1980 The Companies (Donations To National Funds) Act, 1951 The Hire-Purchase Act, 1972 Indian Contract Act, 1872 The Partnership Act, 1932 The Sale of Goods Act, 1930 Special Economic Zones Act, 2005 The Code of Civil Procedure, 1908 is a procedural law ​ Property Law The Benami Transactions(Prohibitions) Act, 1988 Land Acquisition Act, 1894 Transfer of Property Act 1882 Miscellaneous Laws Constitution of India Citizenship Act, 1955 The Indian Evidence Act, 1872 The Arms Act, 1959 The Limitation Act, 1963 The Life Insurance Corporation Act, 1956 The Specific Relief Act, 1963 Family Law Protection of Women from Domestic Violence Act, 2005. The Dowry Prohibition Act, 1961 The Family Courts Act,1984 The Foreign Marriage Act, 1969 The Guardians And Wards Act, 1890 The Hindu Marriage Act, 1955 The Hindu Minority and Guardianship Act, 1956 The Indian Divorce Act, 1869 The Maternity Benefits Act, 1961 The Muslim Personal Law (Shariat) Application Act, 1937 The Muslim Women (Protection of Rights on Divorce) Act, 1986 The Dissolution of Muslim Marriages Act, 1939 The Special Marriage Act, 1954 The Hindu Succession Act, 1956 The Hindu Adoptions and Maintenance Act, 1956 Indian and Colonial Divorce Jurisdiction Act, 1940 The Anand Marriage Act, 1909 The Arya Marriage Validation Act, 1937 Matrimonial Causes (War Marriages) Act, 1948 The Child Marriage Restraint Act, 1929 Administrators-General Act, 1963 NRI Related Laws The Emigration Act, 1983 The Foreign Marriage Act, 1969 The Foreign Exchange Management Act, 1999 Environment Laws Air Crafts (Amendment) Act, 2007 Air (Prevention and Control of Pollution) Act,1981 The Air Corporation (Transfer of Undertaking and Repeal) Act, 1994 The Delhi Prohibition of Smoking and Non-Smokers Health Protection Act, 1996 The Environment (Protection) Act, 1986 The Forest Conservation Act, 1980 The water (Prevention and Control of Pollution) Act, 1974 Wild Life (Protection) Amendment Act, 2006 Protection of Plant Varieties and Farmers Rights Act, 2001 Corporate Law The Companies Act 2013 Companies (Foreign Interests) Act, 1918 Company Law Board Regulations, 1991 THE Companies (Amendment) Act, 2006 The Company Act, 1956 (Repealed) The Company Secretaries Act, 1980 The Companies (Donations To National Funds) Act, 1951 The Hire-Purchase Act, 1972 Indian Contract Act, 1872 The Partnership Act, 1932 The Sale of Goods Act, 1930 Special Economic Zones Act, 2005 The Code of Civil Procedure, 1908 is a procedural law Human Rights Law Commission for protection of Child Right Act 2005 The Protection of Human Rights Act, 1993 The Protection of Civil Rights Act, 1955 Protection of Human Rights (Amendment) Act, 2006 WOMEN - LAWS WOMEN-SPECIFIC LEGISLATION The Immoral Traffic (Prevention) Act, 1956 The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986) The Indecent Representation of Women (Prohibition) Act, 1986 The Commission of Sati (Prevention) Act, 1987 (3 of 1988) Protection of Women from Domestic Violence Act, 2005 The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013 The Criminal Law (Amendment) Act, 2013 WOMEN-RELATED LEGISLATION The Indian Penal Code,1860 The Indian Evidence Act,1872 ​ Consumer Laws The Competition Act, 2002 The Consumer Protection Act, 1986 The Essential Commodities Act, 1955 Jammu & Kashmir Consumer Protection Act 1987 The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980

LAW BOOK FAMOUS CASES Kedarnath Bhattacharji vs Gorie Mahomed The plaintiff is a Municipal Commissioner of Howrah and one of the trustees of the Howrah Town Hall Fund. SEND SHANKARI PRASAD VS. UNION OF INDIA, 1952 In this case, the First Constitution Amendment Act, 1951 was tested on the ground that it abuses the Part-III of the constitution and subsequently, should be viewed as invalid. SEND RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) 2 Supreme Court Cases 237 (BEFORE ABHAYMANOHAR SAPRE AND INDU MALHOTRA, JJ.) 237 I RAMVIR Versus Appellant; STATE OF UTTAR PRADESH Criminal Appeal No. 183 of 2013, decided on October 26, 2018 Respondent.A. Penal Code, 1860 - Ss. 148/149 r/w S. 302-Conviction with aid of Ss 148/149 cannot berecorded in the absence of at least 5 accused: SEND Re: D An Advocate Of The Supreme ... vs Unknown on 23 November, 1955 Equivalent citations: AIR 1956 SC 102, (1956) 58 BOMLR 510, 1956 CriLJ 280 Author: Das Bench: B Mukherjea, S Das, V Ayyar JUDGMENT Das, J. SEND Dr. D.C. Saxena vs Hon'Ble The Chief Justice Of India on 19 July, 1997 Supreme Court of India Dr. D.C. Saxena vs Hon'Ble The Chief Justice Of India on 19 July, 1997 Author: K Ramaswamy Bench: K. Ramaswamy SEND The State Trading Corporation of India Ltd. & Ors V. The Commercial Tax Officer, Visakhapatnam & Ors; 1963 The Landmark Judgements of Corporate Law SEND Harish Chandra Singh v.S.n.Tripathi (AIR 1997 SC 879) Mr.Daya Ram engaged Mr. Harish Chandra as a lawyer in a consolidation proceeding pending before the consolidation officer. Since Daya Ram could not attend the case regularly, harish Chandra asked him to appoint a mukhtar. SEND A.K GOPALAN VS. STATE OF MADRAS, 1950 AK Gopalan was a Communist leader who was kept in the Madras Jail in 1950 under the Preventive Detention Law. SEND Prahalad Saran Gupta v. Bar Council of India(AIR 1997 Sc 1338). Prahalad Saran Gupta v. Bar Council of India(AIR 1997 Sc 1338). complaint in the State Bar Council against his Advocate SEND TukaRam vs State Of Maharashtra on 15 September, 1978 TukaRam V/S State Of Maharashtra on 15 September, 1978 PETITIONER: TUKA RAM AND ANR. Vs. RESPONDENT: STATE OF MAHARASHTRA DATE OF JUDGMENT: 15/09/1978 Equivalent citations: 1979 AIR 185, 1979 SCR (1) 810 SEND Seth Mohan Lal v. Grain Chambers Ltd; 1967 The Landmark Judgements of Corporate Law SEND Indure Ltd.v.Deo Raj Guptha BCI TR Case No.58/1993 SELECTED OPINION OF DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA ON PROFESSIONAL MISCONDUCT SEND Kulbhushan Jadhav Case INTERNATIONAL COURT OF JUSTICE 17 July 2019 , JADHAV CASE, (INDIA v. PAKISTAN) SEND Freelance Cartoonist Aseem Trivedi Section 66A of the IT Act, under Section 66A and B of the IT Act, for defamation under Sections 500, SEND Pandurang dattatray Khandekar vs Bar Council of India and others AIR,1984 Supreme Court 110. Pandurang dattatray Khandekar vs Bar Council of India and others AIR,1984 Supreme Court 110. A group of 12 advocate practicing in two courts of S.D. Ms in the collectorate of Pune are the complainants both the state bar council and Bar Council of Delhi through its disciplinary committee found the appellant and one Agvane Guilty of giving improper legal advice and held the charge of professional misconduct provided the and suspended the appellant for a period of 4 months and Agvane for a period of 2 months therefrom. SEND Prahalad Saran Gupta v. Bar Council of India (AIR 1997 Sc 1338). Prahalad Saran Gupta v. Bar Council of India (AIR 1997 Sc 1338). The degree holder has filed a complaint in the State Bar Council against his Advocate (Gupta) alleging the following professional misconduct. SEND Re South of England Natural Gas and Petroleum Co. Ltd. 1911 The Landmark Judgements of Corporate Law SEND Baswarooponi v.Babulalsoni BCI DC Appeal No.25/1992 SELECTED OPINION OF DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA ON PROFESSIONAL MISCONDUCT SEND GOLAK NATH VS. STATE OF PUNJAB, 1967 In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ SEND (TAJ TRAPEZIUM CASE) M. C. Mehta v Union of India AIR 1997 SC 734 ISSUES AIR POLLUTION (TAJ TRAPEZIUM CASE) M. C. Mehta v Union of India AIR 1997 SC 734 Activist-lawyer M. C. Mehta fought a long and arduous battle over the pollution caused by industries in the vicinity of the famous Taj Mahal in Agra, which were causing damage to the famous monument, especially from the Mathura refinery. Mehta moved the Supreme Court in 1984, claiming that the Sulphur dioxide released by the Mathura refinery combined with oxygen and moisture in the air to produce sulphuric acid in the atmosphere, which was corroding the white marble of the Taj Mahal. SEND V.P.KumarVelu vs State Bar Council of India V.P.KumarVelu vs State Bar Council of India The commission and secretary of Tamil nadu filed a complaint against appellan before the disciplinary committee of the Bar Council of Tamil nadu was in respect of Suite Number 400/1978 on the file of the City Civil Court at Madras. SEND Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864) Bench: S.C. Agrawal, Sujata V. Manohar - Date of Judgment: 28/01/1997 Assaulting opponent with Knife in Court room J U D G M E N T S.C. AGRAWAL. J. PETITIONER: HIKMAT ALI KHAN Vs. RESPONDENT: ISHWAR PRASAD ARYA & ORS. DATE OF JUDGMENT: 28/01/1997 BENCH: S.C. AGRAWAL, SUJATA V. MANOHAR SEND Durga Prasad V Baldeo; 1880 The Landmark Judgements of Corporate Law SEND Kulbhushan Jadhav Case GOLAK NATH VS. STATE OF PUNJAB, 1967 SHANKARI PRASAD VS. UNION OF INDIA, 1952 A.K GOPALAN VS. STATE OF MADRAS, 1950 Freelance Cartoonist Aseem Trivedi Section 66A of the IT Act, TAJ TRAPEZIUM CASE- M. C. Mehta v Union of India AIR 1997 SC 734 RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) Prahalad Saran Gupta v. Bar Council of India(AIR 1997 Sc 1338). Pandurang dattatray Khandekar vs Bar Council of India and others AIR,1984 Supreme Court 110. V.P.KumarVelu vs State Bar Council of India Harish Chandra Singh v.S.n.Tripathi (AIR 1997 SC 879) ​ Indure Ltd.v.Deo Raj Guptha BCI TR Case No.58/1993 Baswarooponi v.Babulalsoni BCI DC Appeal No.25/1992 Bablal v.Subash Jain BCI TR Case No.115/1986 Jagadish singh&other v.T.C.Sharma BCI TR Case No.47/1990 SALOMON v SALOMON & Co [U.K. 1897] Re: D An Advocate Of The Supreme ... vs Unknown on 23 November 1955 Tukaram vs State Of Maharashtra on 15 September, 1978 Prahalad Saran Gupta v. Bar Council of India (AIR 1997 Sc 1338). Prahalad Saran Gupta v. Bar Council of India (AIR 1997 Sc 1338). Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864) Dr. D.C. Saxena vs Hon'ble The Chief Justice Of India on 19 July 1997 Seth Mohan Lal v. Grain Chambers Ltd; 1967 Re South of England Natural Gas and Petroleum Co. Ltd. 1911 Durga Prasad V Baldeo; 1880 The State Trading Corporation of India Ltd. & Ors V. The Commercial Tax Officer, Visakhapatnam & Ors; 1963

Drafting, Pleadings and Conveyancing AFFIDAVIT Affidavit is a written declaration. on oath. A written statement sworn before a person having authority to administer on oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements as to his belief, with the grounds thereof, may be admitted. Read More Affidavit For Bail Bond With Form No. 45 For Bail Under Section 436, 437 And 438(3) Of Code Of Criminal Procedure. Affidavit for Bail Bond with Form No. 45 for bail under Section 436, 437 and 438(3) of Code of Criminal Procedure. Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code. The Accused who is seeking Anticipatory bail or regular bail need to file Bail Bond in Form NO. 45 with the Court. The bail bond should be supported with affidavit as per the format shown here. Sample Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code is as under. Read More Appointment of Muttawalli for Administration of Wakf Format of Deed for Appointment of Muttawalli for Administration of Wakf. English :- As per Section 3(i) of Vakf Act 1995 (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation. Hindi:- वक्फ अधिनियम 1995 की धारा 3 (i) के अनुसार (i) "मुतवल्ली" का अर्थ किसी भी व्यक्ति को मौखिक रूप से या किसी भी विलेख या साधन के तहत नियुक्त किया गया है जिसके द्वारा वक्फ बनाया गया है, या एक सक्षम प्राधिकारी द्वारा, एक के मुतवल्ली होने के लिए वक्फ और इसमें कोई भी व्यक्ति शामिल है जो किसी भी प्रथा के आधार पर वक्फ का मुतवल्ली है या जो नायब-मुतवल्ली, खादिम, मुजावर, सज्जादनाशिन, अमीन या मुतवल्ली द्वारा नियुक्त अन्य व्यक्ति है जो मुतवल्ली के कर्तव्यों का पालन करता है और अन्यथा को छोड़कर इस अधिनियम में प्रदान किया गया है, कोई भी व्यक्ति, समिति या निगम किसी वक्फ या वक्फ संपत्ति का प्रबंधन या प्रशासन कर रहा है: बशर्ते कि किसी समिति या निगम के किसी भी सदस्य को मुतवल्ली नहीं माना जाएगा जब तक कि ऐसा सदस्य ऐसी समिति का पदाधिकारी न हो या निगम। Sample format of Deed for Appointment of Muttawalli for Administration of wakf is given below: Read More BAIL APPLICATION BAIL APPLICATION:- The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance, the bond is forfeited. Hindi Meaning जमानत आवेदन:- जमानत की अवधारणा का एक लंबा इतिहास है और इसकी जड़ें अंग्रेजी और अमेरिकी कानून में गहरी हैं। मध्ययुगीन इंग्लैंड में, अप्रशिक्षित कैदियों को बीमारी से ग्रस्त जेलों से मुक्त करने की आवश्यकता से रिवाज बढ़ गया, जबकि वे यात्रा करने वाले न्यायाधीशों द्वारा किए गए विलंबित परीक्षणों की प्रतीक्षा कर रहे थे, कैदियों को जमानत दी गई थी, या वितरित किया गया था, अपने स्वयं के चुने हुए तीसरे पक्ष के लिए जिन्होंने जिम्मेदारी स्वीकार की थी परीक्षण में उनकी उपस्थिति सुनिश्चित करने के लिए। यदि आरोपी पेश नहीं होता तो उसके स्थान पर उसके जमानतदार पर मुकदमा चलेगा। यह संपत्ति के मालिकों के लिए प्रथा बन गई, जिन्होंने व्यक्तियों को पैसे जब्त करने का आश्वासन देने की जिम्मेदारी स्वीकार की, जब उनके आरोप परीक्षण के लिए उपस्थित होने में विफल रहे। गैर-उपस्थिति की स्थिति में, जमानत जब्त के लिए है। Read More Bail bond Format What is Bond and Bail bond under CrPC 1973 after Arrest under a Warrant? A bail bond is a written document signed by an accused person and his friends or families (known as surety), to ensure that the accused will appear before the court at the scheduled time and date, as ordered by the court. HINDI वारंट के तहत गिरफ्तारी के बाद CrPc 1973 के तहत बांड और जमानत बांड क्या है? जमानत बांड एक लिखित दस्तावेज है जिस पर आरोपी व्यक्ति और उसके दोस्तों या परिवारों (जिन्हें जमानतदार के रूप में जाना जाता है) द्वारा हस्ताक्षरित किया जाता है, ताकि यह सुनिश्चित किया जा सके कि आरोपी अदालत के आदेश के अनुसार निर्धारित समय और तारीख पर अदालत में पेश होगा। Read More CIVIL- PLEADING - PLAINT PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars. Read More CONVEYANCING CONVEYANCING Conveyancing is a system of documentation relating to transactions of properties movable or immovable as well as contracts. Read More CRIMINAL COMPLAINT: Cases relating to crimes are triable by the Criminal courts of which the fir court is that of judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by Metropolita Magistrates, while the serious ones are initially investigated and then sent up to the sessions courts trial. The schedule appended to the code of Criminal procedure gives and provides a list of crimes and offences tribal by Metropolitan Magistrate and by the count of sessions. Read More CRIMINAL MISCELLANEOUS PETITION In offences state becomes the party and the accused has to put up his defence. It is the duty of the prosecution on behalf of the state to prove the guilt of an accused. In such a situation the aggrieved party is not required to institute any petition. It is the responsibility of the state to launch prosecution against the criminal who has committed the offences of Criminal nature. Read More Criminal Complaint u/s 138 of Negotiable Instruments Act Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against return of cheque. Draft format for filing criminal complaint under section 138 of Negotiable Instruments Act is given below to get idea to prepare the complaint. Draft Format of Criminal Complaint against return of Cheque Read More Drafting, Pleadings and Conveyancing GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter. Read More EXECUTION - PETITION EXECUTION PETITION Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit. Read More INTERLOCUTORY APPLICATIONS (IA) INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim applications are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the (IA)should be both precise as well as brief and devoid of irrelevant matters. वार्ता आवेदन (IA) लंबित या मुकदमेबाजी के दौरान इंटरलोक्यूटरी आवेदन या अंतरिम आवेदन दायर किए जाते हैं। इस तरह के आवेदनों का मसौदा उसी तरह से तैयार किया जाना चाहिए जैसे कि दलीलें। जैसे (IA) की दलील सटीक और संक्षिप्त दोनों होनी चाहिए और अप्रासंगिक मामलों से रहित होनी चाहिए। Read More Leave and Licence Agreement English Meaning Simply put, a leave and license is an understanding, where one party (the owner, named the 'licensor') provides a limited right to use his/her premises to the other party (called the 'licensee') for rent. This arrangement is recommended since it generates no lasting legal rights in favor of the license. Hindi Meaning सीधे शब्दों में कहें, एक leave and license एक समझ है, जहां एक पक्ष (मालिक, जिसका नाम 'लाइसेंसकर्ता' है) किराए के लिए दूसरे पक्ष (जिसे 'लाइसेंसधारी' कहा जाता है) को अपने परिसर का उपयोग करने का सीमित अधिकार प्रदान करता है। इस व्यवस्था की अनुशंसा की जाती है क्योंकि यह लाइसेंस के पक्ष में कोई स्थायी कानूनी अधिकार उत्पन्न नहीं करता है। Read More MEMORANDUM OF APPEAL AND REVISION MEMORANDUM OF APPEAL AND REVISION The memorandum of appeal shall set forth concisely and under distinct heads, the grounds of objection to the decree appealed form without any argument or narrative and such grounds shall be numbered consecutively. (Order XVI Rule 1 C.P.C.)The memorandum according to order XLI, Rule 1 shall be accompanied by a copy of the decree appealed from and unless the appellate court dispenses there with, of the judgment on which it is founded. The word 'copy' means a certified copy. This is a mandatory requirement, in the sense that an appeal filed without a certified copy of the decree makes the appeal incompetent. defective and [competent. But where the circumstances require it, the court has power to treat the appeal as competent and maintainable even in the absence of a copy of the decree attached. (Phool Chand V. Gopal Lal, AIR 1967 SG 1470) Read More ORIGINAL - PETITION ORIGINAL PETITION:- Petitions. or suits are interchangeable terms. However, in practice, the words 'petitions' and 'suits' are generally used to mean formal applications for seeking legal remedy. Suit of a civil nature is ordinarily tried in civil court. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits a civil nature. Read More PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION This section deals with the writs. The writs ate obviously intended to enable the Supreme Court and High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in vacation of the principles of natural justice, Read More PLEADING PLEADING Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases. Read More WRITTEN STATEMENT (ORDER VII) C.P.C. WRITTEN STATEMENT (ORDER VII) C.P.C- A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons. Read More Writ Petition of Mandamus to High Court under Article 226 of Constitution to quash termination order English :- Writ Petition of Mandamus to High Court under Article 226 of Constitution to quash termination order, Reinstate Petitioner and pay back wages. A writ of mandamus is a direction to an authority to either do or refrain from doing a particular act. For instance, a writ to the Police Department to to strictly enforce Traffic Rules under the Acts. For a mandamus to be issued, it must be shown: a) That the authority was under obligation, statutory or otherwise to act in a particular manner; b) that the said authority failed in performing such obligation; c) that such failure has resulted in some specific violation of a fundamental right of either the petitioner or an indeterminate class of persons. Sample and brief format of Writ of Mandamus to High Court is given below. This is only body of the Writ Petition. Please include other details also: Hindi:- बर्खास्तगी आदेश को रद्द करने, याचिकाकर्ता को बहाल करने और वेतन वापस करने के लिए संविधान के अनुच्छेद 226 के तहत उच्च न्यायालय में परमादेश की रिट याचिका। परमादेश की एक रिट एक प्राधिकरण को किसी विशेष कार्य को करने या करने से परहेज करने का निर्देश है। उदाहरण के लिए, अधिनियमों के तहत यातायात नियमों को सख्ती से लागू करने के लिए पुलिस विभाग को एक रिट। परमादेश जारी करने के लिए, यह दिखाया जाना चाहिए: ए) कि प्राधिकरण एक विशेष तरीके से कार्य करने के लिए दायित्व, वैधानिक या अन्यथा के अधीन था; बी) उक्त प्राधिकारी ऐसी बाध्यता को पूरा करने में विफल रहे; ग) कि इस तरह की विफलता के परिणामस्वरूप या तो याचिकाकर्ता या व्यक्तियों के अनिश्चित वर्ग के मौलिक अधिकार का कुछ विशिष्ट उल्लंघन हुआ है। उच्च न्यायालय को परमादेश की रिट का नमूना और संक्षिप्त प्रारूप नीचे दिया गया है। यह रिट याचिका का एकमात्र निकाय है। कृपया अन्य विवरण भी शामिल करें: Read More ANCIENT LAW ADMINISTRATIVE LAW Alternative Dispute Resolution -ADR Code of Criminal procedure 1973 CODE of CIVIL PROCEDURE 1908 Constitutional History of INDIA CONSTITUTIONAL LAW CONTRACT LAW 1872 INDIAN EVIDENCE ACT 1872 JURISPRUDENCE LAW OF BANKING HINDU LAW MOHAMMEDAN LAW TRANSFER OF PROPERTY ACT LAW OF TORTS INDIAN PENAL CODE 1860 CYBER-LAW ADVOCATES ACT 1961 PRINCIPLES OF LEGISLATION PUBLIC INTERNATIONAL LAW LLB.EXAM IMPORTANT QUESTIONS INDIAN SUCCESSION ACT 1925 LAND LAW AND LOCAL LAW HUMAN RIGHTS PROFESSIONAL ETHICS Environmental Law Companies Act LABOUR - LAW EASEMENT The Juvenile Act 2000 INTERPRETATION OF STATUTES TAXATION Legal Language BARE -ACTS Famous Cases SPECIFIC RELIEF ACT, 1963 AIBE -MOCK Others- Category THE LIMITATION ACT, 1963 Intellectual Property Law SALE OF GOODS ACT 1930 PROBATION OF OFFENDERS ACT 1958 Political Science ECONOMICS HISTORY PHILOSOPHY PUBLIC INTEREST LITIGATION English language & Grammar Online Registration- E-filing, Central & State Government Bills WWW.LAWTOOL.NET Delhi High Court denies bail to man accused of raping minor after forced marriage

SALOMON v SALOMON & Co [U.K. 1897] Aaron Salomon was a successful leather merchant who specialized in manufacturing leather boots. For many years he ran his business as a sole trader. By 1892, his sons had become interested in taking part in the business. Salomon decided to incorporate his business as a Limited company, Salomon & Co. Ltd. At the time the legal requirement for incorporation was that at least seven persons subscribe as members of a company i.e. as shareholders. Mr. Salomon himself was managing director. Mr. Salomon owned 20,001 of the company's 20,007 shares - the remaining six were shared individually between the other six shareholders (wife, daughter and four sons). Mr. Salomon sold his business to the new corporation for almost £39,000, of which £10,000 was a debt to him. He was thus simultaneously the company's principal shareholder and its principal creditor. When the company went into liquidation, the liquidator argued that the debentures used by Mr. Salomon as security for the debt were invalid, on the grounds of fraud. The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, the company was in reality his agent and he as principal was liable for debts to unsecured creditors. High Court: The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, then the company and Salomon were one unit; the company was in reality his agent and he as principal was liable for debts to unsecured creditors. The appeal: The Court of Appeal also ruled against Mr. Salomon, on the grounds that Mr. Salomon had abused the privileges of incorporation and limited liability, which the Legislature had intended only to confer on "independent bona fide shareholders, who had a mind and will of their own and were not mere puppets". The lord justices of appeal variously described the company as a myth and afiction and said that the incorporation of the business by Mr. Salomon had been a mere scheme to enable him to carry on as before but with limited liability. The Lords: The House of Lords unanimously overturned this decision, rejecting the arguments from agency and fraud. Salomon followed the required procedures to set the company; shares and debentures were issued. The House of Lords held that the company has been validly formed since the Act merely required 7 members holding at least one share each. There was no fraud as the company was a genuine creature of the Companies Act as there was compliance and it was in line with the requirements of the Registrar of Companies. The Company is at law a separate person. The 1862 Act created limited liability companies as legal persons separate and distinct from the shareholders. They held that there was nothing in the Act about whether the subscribers (i.e. the shareholders) should be independent of the majority shareholder. It was held that: "Either the limited company was a legal entity or it was not. If it were, the business belonged to it and not to Mr Salomon. If it was not, there was no person and nothing to be an agent [of] at all; and it is impossible to say at the same time that there is a company and there is not." Hence the business belonged to the company and not to Salomon, and Salomon was its agent. The House further noted: "The company is at law a different person altogether from the [shareholders] ...; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands received the profits, the company is not in law the agent of the [shareholders] or trustee for them. Nor are the [shareholders], as members, liable in any shape or form, except to the extent and in the manner provided for by the Act."

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Jagadish singh&other v.T.C.Sharma BCI TR Case No.47/1990 Jagadish singh asnd others were employees of the Central Board of Education,New Delhi.They were arbitrarily dismissed from service by the Board. They approached T.C. Sharma an Advocate to file a case against the arbitrary dismissal. They paid Rs.1400 as fees for the case. Sharma gave a fake case number starting that he has field the case before the central Administrative Tribunal, New Delhi. On verification it was found that no such case has been field. Later they engaged another Advocate Mr. Bhati to file the case and got a a favourable order of reinstatement. Therefore, they asked the return of Rs.1400 from T.C. Sharma. He refused to pay the same. So, the complainant filed a petition against him before the Delhi Bar Council alleging professional misconduct. Since Sharma failed to appear during the enquiry, the state Bar Council could not able to dispose off the case within one year. Hence, the case was transferred to the Bar Council of India. The Bar Council of India examined the petitioners, but the respondent was absent. Finally the Bar council of India passed an order holding the respondent guilty of professional misconduct and awarded the following punishments. 1. Suspended him from practice for a period of 5 years. 2. Directed him to return the Rs.1400/-with 12%interest per annum. 3. Directed to give Rs.500 as cost to the complainant.

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Indure Ltd.v.Deo Raj Guptha BCI TR Case No.58/1993 The complainant company is one of the highest producer of ash handling system in the world, having large manufacturing and engineering factories. The respondent was the Advocate of the company and various cases related to the company was entrusted with him. In April 1986 NELCO precisions, a company located atFaridabad gave a false advertisement in the papers that Indure Ltd. is using the parts manufactured by NELCO precisions. To stop this false advertisement Indure Ltd. instructed the respondent to serve a legal notice to NELCO. Notice was sent, but the notice has not given the desired result. Therefore, the respondent was instructed to file a case against NELCO. A plaint was prepared and it was approved by the petitioner company and necessary court fees was also paid to him. The respondent informed the complainant that he has filed the suit in the Delhi High Court and got a stay order. Infact no suit had been filed. The complainant filed a complaint in the Bar Council of U.P.alleging professional misconduct against the respondent. They alleged that the respondent had made a similar type of misrepresentation earlier also when he was instructed to file a case against Anoel Industries Ltd.A criminal complaint was also filed against Gupta in this regard. The respondent filed a very brief counter and failed to give any explanation about the serious allegation of professional misconduct. He simply prayed that for the same matter there is already a criminal case pending against him, so the Bar Council should not proceed with the complaint. When the petition was pending before the Bar Council, the criminal case was disposed off and he was convicted. Since the U.P Bar Council could not able to complete the enquiry within one year the petition was transferred to the Bar Council of India. The Bar Council of India examined the complainant and the respondent and finally came to the conclusion that the allegations against the respondent the complainant has been proved beyond reasonable doubt and directed the removal of his name from the roll of Advocates and prohibited him from practicing as an Advocate.

EGYPT 1/1 EGYPT The constitution adopted in 2014, like the constitution drafted under Morsi, is based on the Egyptian Constitution of 1971. ... Under the constitution, there is a guarantee of equality between the sexes and an absolute freedom of belief, but Islam is the state religion. CONSTITUTION 2014 PREAMBLE In the Name of God, Most Gracious, Must Merciful. God or other deities. This is Cur Constitution Egypt is the gift of the Nile and the gift ofEgyptians to humanity. Blessed with a unique location and history, the Arab nation of Egyptis the heart of the whole world. It is the meeting point of its civilizations and cultures andthe crossroads of its maritime transportation and communications. It is the tip of Africa onthe Mediterranean and the estuary of its greatest river: the Nile. This is Egypt, an immortal homeland to Egyptians, and a message of peace and love to all peoples Iri the beginning ofhistory, the dawn of human conscience rose and shone forth in the hearts of our great ancestors,uniting their good intention to build the first central state that regulated and orgarized thelife of Egyptians on the banks of the Nile, It is where they created the most amazing wondersof civilization, and where their hearts looked up to the heavens before earth knew the three revealed religions Reference to country's history Egypt is the aradle of religiors and the banner of glory of the revealed religions. On its land, Moses grew up, the light of God appeared, andthe message descended on Mount Sinai, On its land, Egyptians welcomed Virgin Mary and herbaby and offered up thousands of martyrs in defense of the Church of Jesus. When the Sealof the Messengers Mohamed (Peace and Blessings Be Upon Him) was sent to all mankind toperfect the sublime morals, our hearts and minds were opened to the light of Islam We were thebest soldiers on Earth to fight for the cause of God, and we disseminated the message of truth and religious sciences across the world. This is Egypt; a homeland that we live in as much asit lives in us In the modern age, minds were enlightened, humanity became mature, and nationsand peoples progressed on the path of science, raising the banners of freedom and equality.Mohamed Ali founded the modern Egyptian state with a national army as its pillar. Refaa, theson of Al-Azhar, prayed that the homeland become "a place of common happiness for its people We, Egyptians, strived to keep up with the pace of development, and offered up martyrs andmade sacrifices in several uprisings and revolution until our patriotic army delivered victory tothe sweeping popular will in the "Jan 25 - June 30" Revolutiee that called for bread, freedom andhuman dignity within a framework of social justice, and brought hack the homeland's free willThis revolution is but an extension to a procuss of national struggle whose brightar symbolswere Ahmed Oraby, Mostafa Kamel, and Mohamed Farid. It was the capstorie of two grealrevolutions in our modern history: The 1919 revolution that had rid Egypt and the Egyptiansof the British guardianship, and had established the principle of citizenship and equalitybetween the people of the same country. Its leader, Saad Zaghloul, and his successor, MosfataEI-Nahhas, walked the path of democracy asserting that "Truth is above power and the nationis above the government". During this revolution Talaat Harb laid down the comerstone of thenational economy, The July 23, 1952 revolution that was lod by the leader Ganal Abdel Nasserand was embraced by the poptular will achieved the dream of generations for evacuation andindependence. As a result, Egypt affirmed its Arab allegiance, opened up to its African cantinentand Muslim world, supported liberation movements across.continerits, and took firm stepson the path of development and social justice This revolution represents an extension of therevolutionary march of Egyptian patriotism, and supports the strong bond between the Egyptianpeople and their patriotic army that bore the trust and responsibility of protecting the homelandThanks to it, we achieved victory in our greatest battles including driving of the 1956 TripartiteAggression and the glorious victory of October that granted President Sadat a special place inour recent history. Compared to major revolutions in the history of mankind, the fan 25 - June30 Revolution is a unique revolution, because of the heavy popular participation involved - whichwas estimated to be in the tens of millions -- and the significant role of youth who aspire to abrighter future, the masses who transcended class and ideulogy to reach out to more exparisivepatriotic and human horizons. the manner in which the people's army protected the popular willand the blessings granted to it by Al- Azhar and the patriotic church. Itt is also unique becauseof its peacefulness and ambition to achieve freedom and social justice together. This revolutionis a sign and a good omen. It is a sign ut a past that is still present and a good omen of a futureto which all humanity aspires. The world has almost forgotten about an age that was torm byconflicts of interest between the east and the west, and ihe nurth and the south; an age wheredisputes and wars erupled between classes and peoples, where risks grew, threatering theexistence of mankind and life on Earth, which God created for us Humanity hopes to move fromthe age of maturity to the age of wisdom to build a new world where truth and justice prevail,and where freedoms and human rights are protected. We, Egyptians, believe that our revolutionis an opporturuty to return to help write a new history for mankind. We believe that we arecapable of using the past as an inspiration, stirring up the present, and making our way to thefuture. We are capable of developing this homeland that develops us. We believe that every itizenis entitled to ive in this homecland in safety and security, and that every citizen is entitled to atoday and a tomorrow. We believe in democracy as a path, a future, and a way of life; in politicalmultiplicity, and in the peaceful transfer of power. We affirm the right of the people to make theirfuture. They, alone, are the source of authority. Freedom, humari dignity, and social justice are aright of every citizen. Sovereignty in a sovereign homeland belongs to us and future generations. We are now drafting a Constitution that embodies the dream of generatiuns of a prosperous united society and of a fair state that achieves the aspirations of today and tomorrow forindividuals and society We are now drafting a Constitution that completes building a modermdemocratic state with governmenit. We are drafting a Constitution that closes the door for anycorruption or tyranny, heals the wounds of the past from the time of the old Eloquent Peasant tothe victims of negiigence and the martyrs of the revolution in our time, and relieves our peopleof the injustice they have sulfered from for long. We are drafting a Constitution that affirms thatthe principles of Islamic Sharia are the principle source of legislation, and that the reference forinterpretation thereof is the relevant texts in the collected rulings of the Supreme ConstitutionalCourt. we are drafting a Constitution that paves the way to the future for us, and which is in line with the universal Declaration of Human Rights, which we took part in the drafting of and approved . We are drafting a Corstitution that maintains our freedom and protects the nation againat every threatagainst it or against our national unity. We are drafting a Constitution that achieves equalitybetween un in tights and duties with no discrimination. We are the citizens. We are the Egyptianpeople, sovereigns in a sovereign homeland. This is our will and this is the Constitution of our revolution. This is our Constitution.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Appointment of Muttawalli for Administration of Wakf Format of Deed for Appointment of Muttawalli for Administration of Wakf. English :- As per Section 3(i) of Vakf Act 1995 (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation. Hindi:- वक्फ अधिनियम 1995 की धारा 3 (i) के अनुसार (i) "मुतवल्ली" का अर्थ किसी भी व्यक्ति को मौखिक रूप से या किसी भी विलेख या साधन के तहत नियुक्त किया गया है जिसके द्वारा वक्फ बनाया गया है, या एक सक्षम प्राधिकारी द्वारा, एक के मुतवल्ली होने के लिए वक्फ और इसमें कोई भी व्यक्ति शामिल है जो किसी भी प्रथा के आधार पर वक्फ का मुतवल्ली है या जो नायब-मुतवल्ली, खादिम, मुजावर, सज्जादनाशिन, अमीन या मुतवल्ली द्वारा नियुक्त अन्य व्यक्ति है जो मुतवल्ली के कर्तव्यों का पालन करता है और अन्यथा को छोड़कर इस अधिनियम में प्रदान किया गया है, कोई भी व्यक्ति, समिति या निगम किसी वक्फ या वक्फ संपत्ति का प्रबंधन या प्रशासन कर रहा है: बशर्ते कि किसी समिति या निगम के किसी भी सदस्य को मुतवल्ली नहीं माना जाएगा जब तक कि ऐसा सदस्य ऐसी समिति का पदाधिकारी न हो या निगम। Sample format of Deed for Appointment of Muttawalli for Administration of wakf is given below: APPOINTMENT OF MUTTAWALLI To all to whom these presents shall come I _________ son of _________ _________by faith _________ by occupation_________ residing at_________ send greeting whereas by a deed of Declaration of Wakf made by_________ (hereinafter referred to as the wakif) on and bearing date the day of_________and registered by the Sub-Registrar of Assurance of_________ in Book No. 1, volume _________, pages_________ being, _________ for the year the said wakif dedicated the properties therein and in the schedule hereto particularly mentioned and described absolutely by way of wakf, divested himself of the ownership thereof to all intents and purposes and intended that the said properties shall be held and so treated and the rents, issues and profits thereof shall at all times thereafter be appropriated for the objects and purposes as indicated therein the ultimate benefit under the said wakf being reserved for purposes recognized by Mahomedan law as religious, pious or charitable as appearing in clauses _________ to _________ thereof and whereas the said Deed is in fall force and virtue and the income of the properties dedicated being utilised for the purposes mentioned therein and whereas by the said deed hereinbefore recited the said wakif laid down the following scheme for administration of the wakf and made provisions for the appointment of mutawalli, that is to say. (a) (b) (c) Now know ye all that in exercise of the powers, authorities and liberties given to and vested in me under by virtue of the deed hereinbefore recited and every and any other powers enabling me I the said do hereby nominate and appoint son of_________ deceased at present residing at by faith by occupation a Mahomedan belonging the Sunni School of Mahomedan law as mutawalli to be my successor in office after my death and in the event of his death during my lifetime his sons/daughters named _________ of the same place and caste as mutawalli or mutawallis next after me to administer the said Wakf estate. In witness whereof I the said _______ have hereunto set and subscribed my hand and seal this _________ day of _________ 20__. Signed, sealed and delivered by _______________ in the presence of: Witnesses: Signature __________ (Name) 1. 2. The Wakf Act, 1995 Section 6. Disputes regarding Wakfs (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. Explanation.-For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4. (2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. (3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1). Section 7 Power of Tribunal to determine disputes regarding wakfs (1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that- (a) in the case of the list of wakfs relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and (b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. DRAFTING Gallery www.lawtool.net Previous Next

< Back THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) An Act to consolidate and amend the law) relating to the import, transport, storage, production, refining and blending of petroleum [16th September, 1934] Whereas it is expedient to consolidate and amend the law relating to import, transport, storage, production, refining and blending of petroleum. It is hereby enacted as follows: CONTENTS Chapter I : Preliminary Chapter II : Control Over Petroleum Chapter III : The Testing Of Petroleum Chapter IV : Penalties And Procedure Chapter V: Supplemental THE SCHEDULE first_schedule second_schedule third_schedule fourth_schedule THE PETROLEUM RULES, 1976 Part I : Preliminary Part II : General Provision Part III : Importation of Petroleum Part IV : Importation by Sea Part V : Importation by Land Part VI : Transport of Petroleum Part VII : Transport by Water Part VIII : Coastwise Transport of Petroleum Class a Otherwise Than in Bulk Part IX : Transport on Land by Vehicles Part X : Transport by Pipelines Part XI : Electric Installation Part XII : Storage of Petroleum Requiring Licence Part XIII : Storage of Petroleum Class C Not Requiring a Licence Part XIV : Licences Part XV : Refining And Blending of Petroleum Part XVI : Tetra Ethyl Lead Mixtures Part XVII : Testing of Petroleum Part XVIII : Notice of Accident Part XIX : Exemption Previous Next

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Leave and Licence Agreement English Meaning Simply put, a leave and license is an understanding, where one party (the owner, named the 'licensor') provides a limited right to use his/her premises to the other party (called the 'licensee') for rent. This arrangement is recommended since it generates no lasting legal rights in favor of the license. Hindi Meaning सीधे शब्दों में कहें, एक leave and license एक समझ है, जहां एक पक्ष (मालिक, जिसका नाम 'लाइसेंसकर्ता' है) किराए के लिए दूसरे पक्ष (जिसे 'लाइसेंसधारी' कहा जाता है) को अपने परिसर का उपयोग करने का सीमित अधिकार प्रदान करता है। इस व्यवस्था की अनुशंसा की जाती है क्योंकि यह लाइसेंस के पक्ष में कोई स्थायी कानूनी अधिकार उत्पन्न नहीं करता है। Leave and Licence Agreement AGREEMENT is made at Pune this day of _____20 BETWEEN Shri_______ A ______age__ years, occupation,_______resident of hereinafter referred to as the LICENSOR, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the One Part. AND Shri_______ B ______age ____years, occupation,_______resident of hereinafter referred to as the LICENSEE, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the Other Part, as follows: referred to as the, (which express shall, unless repugnant to the context, Shri_B_ age hereinafter mean and include his heirs, executors, administrators and assigns) bo WHEREAS; 1. The Licensor is the owner of a flat bearing No. on the floor in the building known as l and situate at belonging to Cooperative Housing Society Limited 2. The Licensee has approached the Licensor with a request to allow the Licensee to temporarily occupy and use the said Flat of the said building, admeasuring about ______square feet for his residence and that of his family on leave and licence basis until the Licensee gets other more suitable accommodation. 3. The Licensor has agreed to grant leave and licence to the Licensee to occupy and use the said Flat on the following terms and conditions agreed to between the parties on hereto. 4. The Licensor has obtained the consent of the society to the flat being given on licence to the licensee, NOW, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Licensor hereby grants leave and licence to the Licensee to occupy the said Flat of the said of the Licensor (hereinafter referred to as the Licensed Premises) for a period of eleven months from That is till the ____day of____ (inclusive).The Licensee agrees to vacate the said premises even earlier if the Licensee secures any other accommodation in the locality where the said premises are situate 2. The Licensee shall pay to the Licensor a sum of Rs. ______ per month (calculated per square foot) as Licence fee or compensation to be paid in advance for each month on or before the____ day of each month. 3.All the Municipal taxes and other taxes and levies in respect of the Licensed premises will be paid by the Licensor alone. 4.The electric charges and water charges for electric and water consumption in the licensed premises will be paid by the Licensee to the authorities concerned and the Licensor will not be responsible for the same. 5.The licensed premises will be used only for residence of the Licensee and his family t members and for no other purpose. 6. The licensed premises have normal electricity fittings and fixtures. If the Licensee desires to have any additional fittings and fixtures, the Licensee may do so at his cost and in compliance with the rules. The Licensee shall remove such fittings and fixtures on the termination of the licence failing which they shall deemed to be the property of the Licensor. 7.The licensed premises are given to the Licensee on personal basis and the Licensee will not be entitled to transfer the benefit of this agreement to anybody else or will not be entitled to allow anybody else to occupy the premises or any part thereof. Nothing in this agreement shall be deemed to grant a lease and the licensee agrees and undertakes that no such contention shall be taken up by the Licensee at any time. 8. The licensee shall not be deemed to be in the exclusive occupation of the licensed premises and the Licensor will have the right to enter upon the premises at any time during working hours to inspect the premises. 9. The Licensee shall maintain the licensed premises in good condition and will not cause any damage thereto. If any damage is caused to the premises or any part thereof by the Licensee or his servants or agents, or member of his family, the same will be 2A made good by the Licensee at the cost of the Licensee either by rectifying the damage or by paying cash compensation as may be determined by the Licensor's Architect. 10.The Licensee shall not carry out any work of structural repairs or additions or ( alterations to the said premises. Only such alterations or additions as are not of the structural type or of permanent nature may be allowed to be made by the Licensee inside the premises with the previous permission of the Licensor. 11. The Licensee shall not cause any nuisance or annoyance to the people in the neighborhood or store any hazardous goods on the premises or outside. . 12. If the Licensee commits a breach of any term of this agreement, then notwithstanding anything herein contained the Licensor will be entitled to terminate this agreement by fifteen days' prior notice to the Licensee. 13. On the expiration of the said term or period of the Licence or earlier termination thereof, the Licensee shall hand over vacant and peaceful possession of the Licensed premises to the Licensor in the same condition in which the premises now exist subject to normal wear and tear. The Licensee's occupation of the premises after such termination will be deemed to be that of a trespasser. 14. The licensee shall deposit with the licensor on the execution of this agreement a sum of Rs. _ which will be refundable to the licensee on the termination of his licence by afflux of time or otherwise; without interest but subject to the deduction of any amount payable by the licensee to the licensor under this agreement. IN WITNESS WHEREOF the parties hereto have put their hands the day and yet first hereinabove written. Signed by the within named Licensor Shri in the presence of Signed by the within named Licensee Shri in the presence of DRAFTING Gallery www.lawtool.net Previous Next

Pandurang dattatray Khandekar vs Bar Council of India and others AIR,1984 Supreme Court 110. A group of 12 advocate practicing in two courts of S.D. Ms in the collectorate of Pune are the complainants both the state bar council and Bar Council of Delhi through its disciplinary committee found the appellant and one Agvane Guilty of giving improper legal advice and held the charge of professional misconduct provided the and suspended the appellant for a period of 4 months and Agvane for a period of 2 months therefrom. As regard the lenient punishment as stated above, the disciplinary committee observed: " we take into consideration the age of the Advocate the family they have to maintain, the environment in which they practice and the practice and the standard which is maintained in such an environment is not very high as the bar council Association rules certify toutism and provide for toutism which could be unthinkable anywhere else ." In appeal , the supreme court observed that there is a difference between the Giving of improper advice and giving of wrong legal advice. Mere negligence unaccompanied by any moral delinquency on the on the part of legal practitioner in the exercise of profession does not amount to professional misconduct; into that offence there must enter the element of professional misconduct element of moral delinquency. of that there is no suggestion here, and there is no case to investigate, and that no reflection adverse to his professional honour.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back CIVIL- PLEADING - PLAINT PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars. PLAINT: PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars. a) The name of the court in which the suit is brought; for ex. "in the court of District Judge al N. Delhi" when the suit is to be filed before the district judge, The number, of the suit has to be noted in the following line titled "suit No- of 2009". b) Next to the heading the name, description and place of residence of the plaintiff, c) The name, description and place of residence of the defendant, so far as they can be ascertained; d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect, e) The facts constituting the cause of action and when it arose,; f) The facts showing that the court has jurisdiction; g) The relief which the plaintiff claims; h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount 50 allowed or relinquished, and (i) A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court- fees, so far as the case admits. Plaint Structure Name of the court in which the suit is filed indicated at the top of the first page. Just below the name of the court, a space should left for the number of the suit. Therefore the names of the parties to the suit with all necessary particulars should be given. For ex.: (1) Substantive parts of the plaint consist of the portion of the plaint in which a statement of all facts constituting the cause of action for the suit has to be stated. Those facts shall consist of such particulars as are necessary to state to obtain "the relied in the suit. The plaintiff seeking relief for district claims or causes of action founded upon separate and district grounds shall state all of them distinctly and separately as far as possible. (2) Formal part of the plaint shall state the following essential particulars: (i) date when the cause of action arose, Statement showing that the court has jurisdiction; Statement of the value of the suit for the purpose of jurisdiction and court fees and it should be stated that the necessary count fee has been affixed/paid. When a suit is filed after the expiry the period of limitation a statement showing the ground or grounds on which he has claimed exemption from limitation. Every relief sought for by the plaintiff should be accurately worded. The plaintiff can claim more then one relief, in the suit. He can seek reliefs alternatively. If the plaintiff can seek more than one relief on the same cause of action he must seek all. If he omits to seek a relief in the suit his subsequent suit for such relief omitted would be barred under order 2. Rule 2 CPC unless he has obtained leave in the earlier suit to file a fresh suit on the said relief omitted. Signature of the plaintiff along with the signature of the advocate. At the foot of the pleading, the plaintiff should /or anyone else, who is acquainted with the facts of the case, should make verification. Affidavit should also be enclosed with plaint as provided under CPC order 6 Rule 15 (4). All documents on which the plaintiff relies for his claim should be enclosed with a separate Iist of documents according to order 7 Rule 14 (1) CPC 1908. DRAFTING Gallery www.lawtool.net Previous Next

Bablal v.Subash Jain BCI TR Case No.115/1986 The complainant and the Respondent are Advocates. The complainant filed a petition before the Madhya Pradesh Bar Council stating that the respondent to guilty of professional misconduct under s.35. The allegation of the complainant is that the respondent a practicing lawyer, is working as an Editor , Printer and Publisher of a weekly called ``Aaj Ki Janta’’ He is the owner of the press which prints the weekly. It is also alleged that the respondent did not disclose these facts while applying for enrolment to the State Bar Council. The respondent denied all the allegations. He contended that before enrolment, the job of printing and publishing was transferred to his wife and thereafter he was working only as an editor of the said weekly. Since the enquiry was not completed within one year, the case was transferred to the Bar Council of India. In the enquiry it was found that he enrolled in 1973 and continued as the printer, publisher and editor of the weekly till 1983. Only in 1983 printing and publishing was transferred in the name of his wife. But, by a general power of attorney from his wife the respondent was looking after the entire work of the weekly. Based on this findings the Bar Council of India held that the respondent is guilty of professional misconduct punishable under S.35 of the Advocates Act and passed the following orders. 1. He was suspended from practice for a period of one year. 2. Suppression of the fact that he is the owner of the weekly in the enrolment application cannot be treated as professional misconduct punishable under S.35.

PAKISTAN 1/1 The preamble of the Constitution of Pakistan 1973 states that the sovereignty over the entire universe belongs to Al-Mighty Allah alone and the authority is to be exercised within limits prescribed by him by the people of Pakistan through its elected representatives and the principles of democracy , freedom, equality, ... Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people of Pakistan to establish an order Wherein the State shall exercise its powers and authority through the chosen representatives of the people, Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah: Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such baoundries and limitaions on their powers and authority as may be prescribed . Therein shall be guaranteed tundamental rights, including equality of status, of opportunity and before law, social, economie and political justice, and freedom of thought, expression, belief, faith, worship and with such boundaries and limitations on their powers and authority as may be prescribed, association, subject to law and public morality Wherein adegquate provision shall be made to safeguard the legitimate interests of minorities and May backward and depressed classes: Wherein the independence of the judiciary shall be fully secured: Wherein the integrity of the territories of the Federation, its independence and all its rights, including its So that the people of Pakistan may prosper and attain their rightful and honoured place armongst the sovereign rights on land, sea and air, shall be safeguanded; nahions of the Wotld and make their full contribution towards international peace and prognese happiness of humanity: Now, therefore. we, the people of Pakistan, Cognisant of our responsibility before Almighty Alialrand men; Cognisant of the sacrifices made by the people in the cause of Pakistar: Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali linneh it Pakistan would be a democratic State based on Islamic principies of social justice, Dedicated to the preservation of democracy achieved by the unremitting struggle of the people again oppression and tyranny: Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our zepresentatives in the National Assermbly, adoapt, enact and give to ourselyes, thin Constitution .