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- NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE.
NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE Registered A. D. Dated.......................... M/s........................... ........................... Dear Sirs, Under instructions and on behalf of my client........................... I serve you this notice as in the succeeding paragraphs: — 1. That Shri.......................... of the Company had approached my Client M/s........................... for supply of its product for sale in the State of.......................... 2. That since Shri.......................... was also a Director of........................... the authorised dealers of my client’s products in the State of.......................... my client had agreed to supply its product to your company. 3. That my clients at the request of Shri.......................... the Director of your Company, supplied its various products worth Rs........................... against invoice No........................... dated.......................... 4. That the company had given a cheque No........................... dated .......................... for Rs........................... drawn on the.......................... to my client in payment of the supplies made by my client vide invoice No........................... dated .......................... to you. 5. That my client presented the said cheque to the Banker of the company, .......................... for payment. However, the Banker of the company has returned the said cheque to my client on.......................... with the remarks "Refer to drawer". 6. That my client on receipt of the cheque as unpaid from the Bankers of the company sent a notice of dishonour No........................... dated.......................... intimating therein about the dishonour of the cheque No........................... dated .......................... for Rs........................... given to my client in payment of materials despatched by my client to you. In the said notice of dishonour my client had intimated that in case payment of dishonoured cheque is not received within seven days of the receipt of the letter my client shall proceed to recover the amount of the cheque by taking recourse to legal proceedings. 7. That despite the said notice of dishonour, you have failed to make payment of the dishonoured cheque to my client within the stipulated period of seven days. 8. That you are liable to pay to my client the sum of Rs........................... with interest @.......................... per cent per annum till date of payment which you have failed and neglected to pay to my client despite notice of dishonour served on you. I now call upon you through the medium of this notice to pay to my client the sum of Rs........................... with interest @.......................... % per annum till payment is made to our client and in case payment is not made to my client within fifteen days from the date of receipt of this notice, I have instructions from my clients to institute appropriate legal proceedings against your company and its directors for the recovery of the said amount in the court of law having jurisdiction over the matter and in such an event your company shall be liable for all costs and expenses. The cost of this notice is Rs........................... which you are also liable to pay. I have kept a copy of this notice in my office record for future reference. ...........................Advocate Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- Form of a notice to the drawer
Form of a notice to the drawer To Mr………………………….. …………………………….. ……………………………. Dear Sir, On behalf of our Client, M/s……………………….. having their registered office at…………….. we have to serve you with the following legal notice under section 138 (read with section 141 in case of a company) of the Negotiable Instruments Act, 1881. Our client states that you had placed an orders dated………….. to buy electronic goods from our client, and as per your order our client sold, supplied and delivered the goods as per your instructions to your……………… (Office) on…………….. and the delivery challans were signed by you in token of having received the goods. OR Upon request made by you our clients lent you Rs…………………. (Rupees……………….) on………. receipt of which you acknowledged the debt vide your Receipt No…………… dated…………. giving details about the debt, interest and payment thereof at appropriate future date. 1. To fulfill your liability towards supply of goods/payment of debt, you issued a cheque No…………. dated …………. drawn on……………… (Bank) for Rs……………… in our clients favour. The said cheque was presented in our clients bank on …………………………. upon inquire regarding honour of the said cheque, our client shocked and surprised that said cheque was return unpaid by your bank along with Bank Memo dated………….., for the reason “refer to drawer” 2. Under the circumstances, we hereby called upon you to make payment to our client an amount of Rs………….. covered under dishonoured cheque within 15 days of receipt hereof, failing which, we shall be constrained to take legal action against you under the provisions of sections 138 to 142 of the Negotiable Instruments Act, 1881 at your entire cost and consequence which you please note. Yours truly ADVOCATE Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- Form of a notice on behalf of an individual by an Advocate
Form of a notice on behalf of an individual by an Advocate To, Shri…………………. …………………….. Dear Sir, On behalf of my/our clients Shri………..……………………………… S/o. Shri…………………………………. R/o………………………..I/We like to serve upon you the following notice : 1. That you are purchasing consumer Goods from my/our client on credit basis from time to time from last numbers of years. 2. My/Our books of account shows an amount of Rs………………. is due to you upto ……….[date] towards the said goods supplied to you. 3. To fulfill you liabilities you have issued a cheque being No……………. dated…………… of Rs…………. drawn on ………………………..Bank …………… Branch, in my/our favour. 4. That the said cheque was deposited with the bank by my/our client for payment on……………… However, to his/their surprised that the said cheque was returned unpaid on………………….. on account of insufficiency of funds in your account. 5. That you apologized to our client for the dishonour of the cheque and promise to deposit sufficient amount in your bank so that cheque could be realised and request to represent again. As per your assurance and instructions, the said cheque was re-deposited again by our client on……………….. However, it is a matter of extrem regret that the said cheque was dishonoured again…………………….with the remarks “Refer to drawer”. 6. That the above facts make it abundantly clear that you have mischievously and intentionally issued the aforesaid cheques with ulterior designs and further instructed our client to present the same for encashment again, knowing fully well that the said cheques would not be honoured on presentation on account of insufficiency of funds in your account or that it would exceed the amount arranged to be paid from that account. 7. That on account of the above acts, you are liable to be prosecuted under section 138 of the Negotiable Instruments Act, 1881 under which you are liable to be punished with imprisonment for a term which may extend to one year or with fine, which may extend to twice the amount of the cheque or with both. Under the circumstances, I/We hereby call upon you to make the payment of Rs………… covered under dishonour cheque to my/our client within period of 15 days of receipt hereof, failing which, we have definite instructions from my/our client to take necessary action against you in the competent court of law, and in that event, you shall be liable for all the costs and consequences. You are also liable to pay a sum of Rs……………..towards cost of this notice. Yours truly, ADVOCATE Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- Notice for Business Outstanding
Notice for Business Outstanding Registered A.D./UPC/Hand delivery To ………………………. ………………………. ………………………. Dear Sir, On behalf of our clients ………………………… having their address at………………………. We have to address you as under : 1. That from last several years you having a number of business transactions with our clients and in connection thereof, our clients have been maintaining an account in respect of said transaction had with you. 2. That our clients books of account Rs……………. is due and payable by you and towards the part payment you have issued cheque for Rs…………..……….. dated …………… drawn on…………..being cheque No………. dated………….. which was however, dishonoured on presentation by your bankers for the reason ………….………………………….. vide bank memo dated ………….. 3. That the dishonour of the cheque as aforesaid clearly shows your mala fide intentions and ulterior motive. The dishonour of the said cheque as aforesaid also amounts to criminal offence under the provisions of the Negotiable Instruments Act, 1881 i.e. sections 138 to 142. Under the circumstances we hereby call upon you to make the payment of the dishonoured cheque of Rs…………… within a period of 15 days from the date of receipt hereof, failing which, we have peremptory instructions from our clients to take appropriate action against you under the provisions of the Negotiable Instruments Act, 1881. You are also liable to pay a sum of Rs…………towards the cost of this notice. Yours truly, ADVOCATE Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- Form of a notice from an individual
Form of a notice from an individual FROM : ………………… ………………… ………………… To ……………….. ………………. ………………. Sub : Dishonour of Cheque Dear Sir, 1. You are well aware that we have supply …………….(goods) to you vide Invoice No……… dated………… of Rs……….. and same was according to your full satisfaction. To discharge your liability you have issued cheque bearing No……..…. dated……….. of Rs………… drawn on …………………. Bank ……………Branch. The said cheque deposited in our ……………………. Bank on ………………… upon inquiry we shock and surprised that said cheque was dishonoured by your Bank for the reason “insufficient fund” in your bank Account vide banker memo dated ………… 2. That you are required to take a notice of demand under section 138 of the Negotiable Instruments Act, 1881 and to pay the whole amount of the cheque within a period of 15 days from the receipt of this notice failing which you shall become liable to be prosecuted under the penal provisions of the said section. Therefor you are called upon to pay the Amount of dishonoured cheque of Rs………… within 15 days of receipt hereof failing which, you shall do so at your own responsibility and shall be liable for legal action both under the civil as well as under the criminal law applicable as on date. You are further liable for the cost of this notice. Yours faithfully Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- Sample Form
Sample Form In the High Court of Judicature at…………….. Name and Address…………………………………. Petitioner versus President, Municipal Board, …….. District ……..State of ……….. Respondent. Petition for a writ of certiorari under Art. 226 of the Constitution of India to quash the order of the President, dated………….. refusing to allow withdrawal of resignation The petitioner above named states as under : 1. That he was working as a Superintendent of he Municipal Board at ………… in the district of ….. 2. That certain charges of misappropriation and other irregularities alleged to be committed by the petitioner were served on the petitioner on ….. by the respondent and some investigation was made in this behalf but the said charges were dropped against the petitioner on or about……… 3. That the petitioner was made, under undue influence, to submit a letter of resignation from service to take effect one month after the date of submission thereafter. The petitioner asserts that he was not bound by the contents of the said letters. 4. That the petitioner withdrew by letter, dated………… the offer of resignation (prior to the date when the alleged resignation was to take effect) submitted on………. as stated above, and requested that the said offer of resignation be not considered and be deemed as withdrawn. 5. That the respondent rejected the prayer mentioned in para 4 above on …….. by this order, dated ………., and directed the petitioner to hand over charge of his office to……… 6. That the petitioner move the …………….. [Appropriate Court] for a temporary injunction against the respondent to restrain him from giving effect to the said letter of resignation, in a suit filed for declaration that the said letter of resignation was not a voluntary one but had been extracted out of the petitioner under undue influence but the ……………..[Appropriate Court] discharged the rule issued for a temporary injunction in the said suit, as prayed for. 7. That the petitioner also submitted a representation to the State Government on……….. but the same has not yet been decided. 8. That being aggrieved by the order of the respondent, dated………… the petitioner approaches this Hon'ble Court for issue of a writ of certiorari and such other direction and order as it may deem just, on the following among other Reasons (i) That the suit filed by the petitioner, as stated in para 6 above, has become infructuous, the relief by means of a suit is not an equally adequate and efficacious one in the circumstances of this case. (ii) That the letter of resignation above-mentioned was to take effect on ……… or thereafter, it was not an unconditional resignation. The petitioner had a right to intimate to the respondent that he no longer wished that this offer of resignation which was to come into existence from ……… should be considered as effective. Till…………….. there was no resignation at all. (iii) That the respondent had no jurisdiction to reject the prayer contained in this letter, dated…….. withdrawing from consideration the offer of resignation submitted as alleged. 9. It is, therefore, prayed that the order issued by the respondent, dated ……….. mentioned above be quashed and such other direction or order as may be consequential and just in this behalf be made or passed. N.B. - An affidavit in support of the petition along with the copy of the order, dated………. above-mentioned, and sought to be quashed, is also filed herewith. (Sd.) Petitioner Dated …………. (Sd.) Counsel for the Petitioner. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- Petition for Bail under section 439, Cr PC before Sessions Judge
Petition for Bail under section 439, Cr PC before Sessions Judge In the Court of the Sessions Judge at Alipore Case No. 10 of 2009 pending in the Court of the Sub-divisional Magistrate of Alipore The State ……………… versus Accused AB son of GH, Village: ………… Thana: …………… In the matter of an application of AB the accused for bail The humble petition of AB the accused above-named MOST RESPECTFULLY SHEWETH: 1. That it was alleged that there was a burglary in the house of ZEE on the night of 3rd May 2010 and your petitioner was arrested by the police some two weeks afterwards on 18th May 2010 at his house. The charge-sheet was submitted on 16th June 2010. Your petitioner’s prayer for bail was rejected by Mr. JM, Sub-divisional Judicial Magistrate at ………… on 10th July 2010. Being aggrieved by the order of the Learned Magistrate refusing to grant bail to your petitioner, he begs to move your Honour for bail on the following amongst other grounds. Grounds a) That the name of your petitioner does not appear in the First Information Report. b) That no incriminating article was found in the house of your petitioner on a search by the police, and that he was arrested on mere suspicion and that your petitioner is perfectly innocent of the charge. c) That no inmate of the house of ZEE identified your petitioner in the identification parade held inside the Alipore Jail by Mr. M, a Second Class Magistrate. d) That the accused has a Ration Shop at …………………… and that he resides there with his wife and children. 2. Your petitioner states that there is no possibility of your petitioner escaping or absconding during trial or otherwise. 3. Your petitioner has a good defence and the prosecution case is based on false allegations. 4. That your petitioner is willing to furnish proper security for appearance in the court to take his trial. 5. In view of the aforesaid your petitioner states that the bail be granted to your petitioner as prayed for herein in the interest of justice. Your petitioner therefore prays that Your Honour may be pleased to call for the records and issue notice to the Public Prosecutor and on hearing the parties be graciously pleased to pass an order directing release of your petitioner on bail. And your petitioner, as in duty bound, shall ever pray. Dated ………………… Signature Advocate Verification I, AB, son of GH, by occupation business, residing at …………………… ……, do hereby solemnly affirm and say as follows: I am the accused petitioner above-named and I know the facts and circumstances of this case. The statements in paragraphs 1 to 5 in the above petition are true to my knowledge and belief. I sign this verification on this 4th day of August 2010 at the Court House at Alipore. Solemnly affirmed by the said AB on this 4th August 2010 at the Court House at ………. AB Before me Notary/Magistrate. Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- Power of Attorney in a Court Case 1
Power of Attorney in a Court Case (Another Form) Let be known to all through these Presents that I…………….s/o…………………….r/o………………..do hereby constitute and appoint Sri………………….s/o…………………………r/o………………….my attorney in my name and on my behalf to do or execute all or any of the following acts or things with regards to First Appeal………………… of 19……….Mrs……………………….w/o…………………..r/o…………………….Vs. Mr………………..s/o…………………………..r/o…………………………..and others pending in the Court of……….at…………….in which I figure as respondent No. 2 in the array of parties. a. To engage a counsel for proper conduct of the case. b. To sign, verify and present before the aforesaid Court any application or other papers in connection with the aforesaid case. c. To seek execution of the decree or order passed in the said appeal by moving application for that purpose and to sign and verify such application. d. To deposit, withdraw or receive money with regards to and for the purpose of any proceedings in the aforesaid case. e. To obtain copies of the documents and papers. f. To do all other lawful acts which are necessary or incidental for the proper conduct of the aforesaid case. I do hereby that all acts, deeds and things, legally, done or executed by the said attorney shall be deemed to be acts, deeds and things before done by me. I also bind myself to ratify and confirm all and whatever is done or lawfully caused to be done for me on account of powers given by these presents. IN WITNESS WHEREOF etc……… Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- Powers of Attorney - Special - to Conduct Particular Case Pending in a Particular Court
Powers of Attorney (Special) to Conduct Particular Case Pending in a Particular Court Let It Be Known To All Men Through These Presents that I …………………s/o……………..r/o…………..do hereby appoint Shri…………………..s/o………………………r/o…………………….as my attorney to prosecute and conduct the original suit No………..of 19…………between Mr…………….Vs./Mr…………………pending in the Court of …………at……………….and to do all other acts which are necessary or incidental for the proper conduct of the aforesaid case in my name and on my behalf. In particular, I authorise the aforesaid case in my name and on my behalf. In particular, I authorise the aforesaid attorney to sing Vakalatnama and other papers relating to the said case, give statement on oath filing of papers and executing decree etc. All the acts done by my attorney shall be deemed to have been done by me personally and shall be binding over/against me. The power of attorney shall be valid during the pendency of the aforesaid case or till 1993 whichever is earlier. In Witness Whereof I have signed this document on this……….day of ……..19……….. Sd/- Sd/- Attorney Executor Signature of the aforesaid attorney are attested hereby. Sd/-…………….. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- Special Power of Attorney to Conduct Sales Tax Proceedings
Special Power of Attorney to Conduct Sales Tax Proceedings Let It Be Known To All Through These Instruments that I……….s/o………..r/o…………., do here by appoint Shri…………s/o……….r/o…………as my attorney for prosecuting and conducting sales tax proceedings pending before the Court of,,,,,,,,,,,, in may name and on my behalf and to do all other acts which are necessary or incidental for the proper conduct of the case. The acts done or executed by the aforesaid attorney shall be deemed to have been done and executed by me, the executor of this instrument of power of attorney. This attorney shall remain in force for the assessment year……….. IN WITNESS WHEREOF, signed be me on this………day of……..19……..at….. Sd/- Sd/- Attorney Executor Signature of Shri……..are attested Sd/- Executor Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- Detailed General Power of Attorney
Detailed General Power of Attorney Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) TO ALL TO WHOM THESE PRESENTS SHALL COME, I, ....................... son of .............................. resident of ................... at present residing at ................ Whereas I own various movable and immovable properties in various parts of India described in the Schedule I hereto and I have interest in various firms, companies, association of persons, trusts, societies as partner, proprietor, shareholder, member, trustee, beneficiary, etc. and/or otherwise, described in the Schedule II hereto. And Whereas I am presently residing out of India as mentioned hereinabove for the time being, I am personally unable to attend to my day to day affairs and for reasons of convenience it is necessary that I should appoint an attorney and confer upon him the powers hereinafter stated. Now Know ye by these Presents that I the said ................. do hereby nominate and constitute and appoint Shri .......................... son of late ....................... at present residing at ...................... as my true and lawful Attorney for me in the name and on behalf of myself and/or my said Attorney and in any of my said capacities and in the name and on behalf of any partnership firm, association of persons, trustee, beneficiary or businesses in which 1 am now or may in future in any manner become interested to do exercise, execute and perform all or any of the following acts, deeds and things, namely:- 1. Commercial; 1.1. To transact business:-To commence, transact, manage, carry on, close down any of my business and to do all things requisite or necessary or connected therewith including correspondence with any person or authority. 1.2. To buy and sell:-To buy, receive, store and hold and to sell, pledge, hypothecate, give on hire or otherwise deal with any goods, articles, things or movable property. 1.3. To open branches:-To open, establish, conduct, shift and/or close any branch of any business at any place or places. 1.4. To contract:-To enter into, sign, execute, vary, alter, terminate, suspend, and repudiate any contracts. 1.5. Partnership business:-To act as a partner in the firm or firms in which I am a partner at present or become a partner in future and commence, carry on, close, dissolve or retire from any business of any partnership with any person and for the said purpose to do all acts as partner or partners therein including banking operations, execution of partnership, retirement, dissolution or other deeds and documents. 2. Property 2.1. To acquire and to transfer:-To purchase, take on lease, to take charge or mortgage on and to acquire in any manner and to sell, mortgage, settle, charge, lease, grant tenancy or otherwise transfer and/or in any manner and/or on any terms deal with any immovable or real property or properties or any interest therein. 2.2. To manage and maintain:-To hold, defend possession, manage and maintain movable, or immovable properties described in Schedule 1 herein and other immovable properties acquired by me hereafter. 2.3. To receive rents, etc.:-To demand, recover and receive rents, mesne profits, licence fees, maintenance charges, electricity charges, corporation taxes and all other sums of moneys receivable in respect of my properties and to make all just and reasonable allowance therein in respect of rates, taxes, repairs and other outgoings and to take all necessary steps whether by action, distress or otherwise to recover any property or sums of money in arrear. 2.4. To pay outgoings:-To pay all taxes, rates, assessments, charges, expenses and other outgoings whatsoever payable for or on account of my properties or any part thereof and to insure any buildings thereon against loss or damage by fire and other risks as be deemed necessary and/or desirable and to pay all premia for such insurances. 2.5. To serve notice on tenants:-To sign and give any notice to any occupier of any property belonging to me to quit or to repair or to abate any nuisance or to remedy any breach of covenant or for any other purpose whatsoever. 2.6. To construct, repair and/or reconstruct:-To take down, demolish, rebuild and/or repair any of my house, building or other structure of whatever nature. 2.7. To get utilities:-To apply for and obtain electricity, gas, water, sewerage and/or connections of any utilities and/or to make alterations and/or close down and/or have disconnected the same in my properties. 2.8. To view the condition of any property:-To enter upon any of my property or any part of it as often as be desired to view the state of repair thereof and to require any occupier as a result of such view to remedy any want of repair or abate any nuisance. 2.9. To enforce covenants:-To enforce any covenant in any lease, licence or tenancy agreement or any other document affecting any of my property and if any right to re-enter arises in any manner under such covenants or under notice to quit, then to exercise such rights amongst others. 2.10. To deal with trespassers:-To warn off and prohibit and if necessary proceed against in due form of law against all trespassers on any of my property and to take appropriate steps whether by action or otherwise and to abate all nuisances. 2.11. To prepare and have sanctioned the plans:-To get prepared plans for construction of any building or structure and/or otherwise on any of my property and to have the same sanctioned, modified and/or altered by any Corporation, Municipality or other authority and in connection therewith or to make necessary applications, give undertakings, pay fees, obtain sanctions and such other orders and permissions as may be expedient. 2.12. To apply for obtaining building materials:-To apply for and obtain such permission as may be necessary for obtaining steel, cement, bricks and other construction materials and construction equipments and to appoint architects and contractors for the construction of building or buildings to be constructed on the plots belonging to me. 2.13. To act in proceedings under rent control legislation:-To appear and represent in any proceedings for fixation of fair rent and/or for any other purpose or purposes before any court, Rent Controller or other authority in connection with any matter relating to and/or arising out of any of my property. 2.14. To obtain any certificate:-To apply for and obtain such certificate and other permissions and clearances including certificates and/or permission under any law relating to ceiling on urban land, or other law relating to land and/or buildings both urban and rural or under the Income-tax Act or any other law as may be required for execution and/or registration of any conveyance or other document and/or for transferring any rights in any land, building or other property belonging to me or acquired by me hereafter. 2.15. To file declarations:-To prepare, sign, declare and file declarations, statements, applications and/or returns and otherwise in connection with holding, possessing, acquiring, transferring, partitioning or otherwise dealing with any of my property before any appropriate or other authority as may be required under any law or laws now prevailing or as may in future become applicable and to do, exercise, execute and perform any or all the necessary acts, deeds and things required thereunder. 3. Companies 3.1. To promote company:-To promote or form or cause to be promoted or formed or join with any other person in promoting or forming and to do all things necessary or proper to be done or causing to be formed and incorporated a company with limited or unlimited liability for any object and to settle and sign the memorandum and articles of association, prospectus, application forms, statement in lieu of prospectus and all other papers required for or in connection with incorporation, commencement of business of such company and other acts, relating thereto. 3.2. To spend money in promoting a company:-To expend or agree to expend moneys for promoting and forming any such company as aforesaid and in taking up and paying for any shares in my name in any such company as aforesaid. 3.3. To contract to take shares:-To sign and file with the Registrar of Companies or any other appropriate authorities contract in writing to take from and/or pay for any share or shares in any such company as aforesaid in my name. 3.4. To apply for, accept and deal with shares:-To make application or applications for and take allotment or allotments or purchase or otherwise acquire or hold any share or shares in any company in my name and to sell, transfer, pledge, hypothecate and/or deal with any share or shares held by me or acquired by me hereafter and to execute and/or deliver all deeds and documents including transfer deeds in connection therewith and/or for registration of any transfer and/or transmission. 3.5. To consent to act as a director:-To sign and file with the Registrar of Companies or any other appropriate authority in my name, consent in writing to act as a director of any company as aforesaid. 3.6. To exercise shareholder's privileges:-To attend, vote at and otherwise act in the meetings of any company or companies or to appoint or act as proxy or representative in respect of any shares, stock or debentures now held by me or which may hereafter be acquired by me and generally to exercise all rights and privileges and perform all duties in respect of any shares, stocks or debentures as the holder, owner and/or registered owner thereof or as otherwise being interested in any company including carrying on correspondence and making or consent in the making of any applications in connection therewith before the Centra4 Government, court or other authority under the Companies Act or any other law for the time being in force. 3.7. To transfer securities:-To transfer any share, stock, debenture or other securities held by me or to be acquired by me hereafter in any company and to execute transfer deeds, receipts and ail other papers in connection therewith and also to transmit and/or apply for and/or to consent to the transmission of any share, stock, debenture and/or other securities and/or have the same registered and/or to have such registration altered and/or cancelled in any manner. 3.8. General:-To do such acts and deeds and to execute such papers and documents as may be necessary in any capacity as shareholder, debtor, creditor or otherwise in relation to any company which may be required to be done by me. 3.9. To receive bonus shares and other benefits:-To receive and to hold and to deal with bonus shares and all other benefits that may accrue as a shareholder or otherwise in relation to any company. 4. Investments 4.1. To sell investments:-To acquire or sell, transfer, assign or join in acquiring or selling, transferring or assigning ail or any stocks, shares, annuities, debentures, stocks, bonds, obligations, government securities, units and other securities or investments of any nature whatever which do now or shall hereafter stand in my name or to which I am now or may at any time hereafter be entitled to and for that purpose to employ and pay brokers and other agents in that behalf and to receive and give receipts for the purchase money payable in respect of such sales and to transfer any investments so sold to the purchaser or purchasers thereof or as he or they direct and for these purposes to sign and execute all such contracts, transfer deeds and other writings and do all such other acts as may be necessary for effectually transferring or assigning the same. 4.2. Allotment of shares in companies:-To apply for and accept allotments of shares in my name in any company, corporation or body corporate or any statutory body. 4.3. To receive dividends and repaid capital sums:-To demand, sue for and receive from any company, corporation, government or other body politic or person all deposits, dividends, interest, bonuses or any other sums that may become due in respect of any investment and likewise any capital sum represented by or comprised in any investment held by me as and when the same shall be payable or repayable and for any such purpose to sign, indorse and execute all receipts, dividends and interest warrants, cheques, releases, discharges, reconveyances or other deeds, documents, instruments and other writings whatsoever that may be required or necessary for the purpose. 4.4. Investment in and dealing with provident funds:- To operate, open, withdraw and deal with funds in the Public Provident Fund Account or any other provident fund accounts whatsoever in my name. 4.5. Investments in company deposits, shares, etc.:- To invest my monies in company deposits, shares, stocks, debentures, bonds, units or other corporate securities or securities of local authorities, any other statutory bodies or corporations, whether incorporated in India or in any other country, in such manner and upon such securities as my attorney shall in his absolute discretion think fit and from time to time withdraw any such moneys and apply the same to any purpose as he may think fit. 4.6. To initiate proceedings:-To give all notices, commence any legal proceedings or use any other lawful means that may appear to my attorney desirable or necessary in order to safeguard or enforce my rights in or in connection with any of the investments with full power to prosecute or discontinue any such proceeding and to compromise or submit to arbitration any matter in dispute or doubt. 4.7. To pay all calls:-To pay all calls that may be lawfully made or other expenses that may be incurred in relation to any of my investments and to give security for the payment of the same. 4.8. To assent to arrangements:-To assent (if it seems to my attorney necessary or desirable) to any arrangement modifying any rights, privileges or duties in relation to any of my investments and to agree to any scheme or arrangement for the increase or reduction of the value or amount of the same or of the capital of any company or corporation and for any such purpose to deposit, surrender or exchange any of the investments or the documents of title relating thereto and to pay any contribution or incur any other necessary expense in connection with any such scheme or arrangement. 4.9. To apply for and contract for investments:-To tender, contract for, purchase, accept and sign the transfer into my name any government securities, securities of local authorities or any statutory body, shares, stocks or debentures in any such company, corporation or body as aforesaid or other stocks, funds, debentures and securities of any and every description whatsoever or any other properties. 5. Banker/Banking 5.1. Banking operation:-To open, operate, continue or close any account including any overdraft or other loan account and/or saving account, current, fixed or other accounts and also safe deposit lockers and all accounts whatsoever in my name and on my behalf with any bank or banks that may be existing or may in future be opened in my name or in the name of my firm or firms or business or businesses or in my capacity as trustee or beneficiary of any trust with any bank or banks including Postal Savings Bank. 5.2. Drawing and negotiations of cheques:-To draw, sign, negotiate and/or endorse cheques, payment orders, drafts, dividend warrants and/or any other instruments and to execute, enter into, acknowledge, do and present all such deeds, instruments, contracts, agreements, acts, deeds and things as shall be requisite or deemed fit and proper for or in relation to all or any of the purposes, matters or things herein contained or others with any bank or banks. 5.3. To deal with bills of exchange:- For all or any of the banking purposes to draw, accept, endorse, discount or otherwise deal with any bills of exchange, bills of lading, mates' receipts, delivery orders, promissory notes or other mercantile instruments relating to moneys, goods, properties or otherwise. 5.4. To operate bank locker or safe deposit vault locker:- To operate any bank locker or safe deposit vault locker and to deposit therein and withdraw therefrom any articles belonging to me. 6. Moneys 6.1. To realise loans or borrow money:- To realise loans and/or borrow money or moneys from time to time from any bank, institution, or any person or persons, organisation whatsoever against the security or properties both movable and immovable belonging to me or any of my firm or firms of business or businesses in which I am now or may hereafter become interested and to execute, sign and register mortgage, charges, transfer and/or give other security or securities by any other deed or deeds on such terms and conditions as my said attorney or his substitute or substitutes may think fit and proper. 6.2. Loans and advances:- To make and/or to receive any loan or advance from any bank, financial institution or other person to such extent and on such terms as the said attorney may deem expedient and also to secure the same by pledging, hypothecating, mortgaging, charging or any other manner encumbering any of my movable or immovable property. 6.3. Miscellaneous 6.3.1. To agree to charge or pay any interest or other considerations for any loan and/or advance and to vary such rates of interests or consideration from lime to time. 6.3.2. To remit, reduce or settle any claim of any moneys, losses and/or damages. 6.3.3. To draw, execute, negotiate, cancel, present for payment and/or make or receive payment of any promissory note, bill of exchange, bond or undertaking regarding any money receipt and/or advance. 7. Representations 7.1. To represent before bank or banks, insurance companies, etc:-To represent me or any of my firm or firms or business in any of the bank or banks, insurance companies, courts, registration offices, municipal offices, office of competent authority, urban land ceiling, post offices, sales tax offices, income-tax offices, customs offices, revenue offices or any co-operative society, Central or any other State Government or other authority, society, body corporate or other person for any purpose or purposes whatsoever and do all acts as may be expedient before the same or in connection therewith. 7.2. To prepare, sign and file tax returns:-To prepare, sign, execute and/or file any of my and/or any of my firm or firms or business or businesses in my personal capacity or as trustee or beneficiary of any trust, sales tax returns, income-tax returns, wealth- tax returns, gift tax returns or any other returns under the Income-tax Act, 1961, Wealth-tax Act, 1957, Gift-tax Act, 1958 and/or any other law for the time being in force or other returns, statements, papers, documents in connection with the aforesaid Acts, to sign and/or submit returns, statements of accounts, balance sheets, declaration forms, to receive refund orders or vouchers from any of the aforesaid authorities, to apply for and to sign and submit to necessary authorities and to represent me or any of the firm or firms or business or businesses, trusts, proprietary concerns in which 1 am now or may hereafter be interested as proprietor, partner, trustee or beneficiary with such authority or authorities concerned therewith. 7.3. Appear before Assessing Officer, etc.:-To appear before any Assessing Officer, Deputy Commissioner and/or Assistant Commissioner and/or Commissioner and/or Central Board of Direct Taxes and/or tribunal and/or any other authority or authorities in connection with any matter or matters and to represent me or my proprietary concerns, firm or firms, business or businesses, trusts in which 1 am trustee or beneficiary and to produce, explain accounts, documents and papers as may be necessary and to pay taxes and other amounts to such authorities and to any other authority by virtue of these presents and to sign, execute and deliver all other papers, documents and deeds in connection therewith. 7.4. To appear before registrar, notary public, magistrate, etc.:-To appear before any Notary Public, Registrar of Assurances, District Registrar, Sub-Registrar of Assurances, Metropolitan Magistrate and other officer or officers or authority having jurisdiction and to acknowledge and register or have registered and perfected all deeds, instruments and writings, executed, signed or made by me personally or as partner of any firm or firms or business or businesses or by my said attorneys or any of them by virtue of the powers herein conferred. 8. Trusts 8.1. To execute trusts:-To do all acts, deeds relating to any matter in which I am a trustee and/or beneficiary and to exercise all powers and authorities elsewhere hereunder or otherwise as expedient. 8.2. To exercise powers:-To execute and exercise in relation to any land or investment or property for the time being subject to any trust and all powers and description for the lime being vested in me as such trustee or as beneficiary as aforesaid or under any deed of trust, settlement or other documents to the extent lawfully possible. 9. Execution and registration of documents 9.1. To execute documents (stocks, shares, annuities):-To execute all deeds and other instruments necessary or proper for transferring any stock, shares, annuities, debentures, obligations and other securities held by me or to be acquired by me hereafter to the purchaser or purchasers thereof. 9.2. To execute and register deeds:-To sign, execute, enter into, modify, cancel, alter, draw, approve, present for registration and admit registration of all papers, documents, contracts, agreements, conveyances, mortgage deeds, leases, grants, assurances, applications, declarations, trust deeds and other documents as may in any way be required to be so done for or in connection with any movable or immovable property belonging to me or to be acquired by me hereafter or of any part thereof or any interest therein including those held by me as owner, lessor, lessee, partner, mortgagor, tenant, trustee or otherwise be interested for the time being including those connected with the management and development of any business and also in connection with the sale, purchase, lease, transfer and disposition or construction or sanction of plan or obtaining of clearances or permits from the Government or for any other purpose whatsoever. 10. legal proceedings 10.1. To compound the debts and to submit claims to arbitration:-To compound with or make allowances to any person for or in respect of any debt or demand whatsoever which now is or shall or may at any time hereafter become due or payable to me and to take or receive any composition or dividend thereof or thereupon and give receipts, releases or other discharges for the whole of the same debts, sums or demands or to settle, compromise or submit to arbitration every such debt or demand and every other claim, right, matter and thing due to or concerning me and for that purpose in my name to enter into, make, sign, execute such agreements as are necessary in like cases, execute such agreements for arbitration or other deeds or instruments as are necessary in like cases and to allow time for the payment of any such debt or demand (with or without security) upon such terms as the attorney may think fit. 10.2. To conduct and defend legal proceedings:-To commence, prosecute, enforce, defend, answer or oppose all notices, suits, and other legal proceedings and demands touching any of the matters aforesaid or any other matters in which 1 am now or may hereafter be interested or concerned and also if thought fit with such consent as aforesaid to compromise, refer to arbitration, abandon, submit to judgment or become non-suited in any such action or proceeding as aforesaid before any court, civil, or criminal, or revenue including the Rent Controller, City Civil and Small Causes Courts. 10.3. To appoint advocates, etc.:-To appoint any solicitor, advocate, pleader or counsel as may be necessary for prosecuting and defending any suit or proceedings, in the matters relating to my properties, business, firm, trusts, companies or organisations, in which 1 am interested or become interested hereafter in my name or in the name of my said attorney as he may think fit and proper and to sign vakalatnamas, warrant of attorney in favour of any solicitor, advocate, pleader or counsel engaged by him. 10.4. To sign plaints and other papers:-To sign, declare and/or affirm any plaints, written statements, petitions, consent petition, affidavits, memorandum of appeal or any other document or paper in my name in any proceeding or in any way connected therewith. 10.5. To deposit and receive documents from court:- To deposit and receive documents and moneys in and from any court or courts and/or any other person or authority in my name and give valid receipts and discharges therefor. 11. Receipts and discharges 11.1. Receiving monies and goods:-To demand, collect, sue for, recover and receive of and from all and every person or persons, body or bodies, politic or corporate, court or authority including government and/or local bodies whomsoever concerned or chargeable therewith all or every sum or sums of money including rent, documents, securities, goods, effects, dues, duties, interests, rents, profits, income, purchase consideration, dividends, compensation and/or any other money or moneys which shall belong or be or become payable to me or to any of my firm or firms, business or businesses or companies in which I am interested. 11.2. To collect debts:-To demand, collect, sue for, recover and receive in my name, from all and every person, body, politic or municipal or corporate or firm or company wheresoever and whatsoever all sums of money, debts, dues, goods, wares, merchandise, chattels, effects and things of any nature or description whatsoever which now are or which at any time or times hereafter shall or may become due or owing or payable to or recoverable including those from or by the bank by virtue of any hypothecations, bonds, mortgages, pledges, agreements or other securities whatsoever or upon or by virtue of any bills of exchange, promissory notes, cheques, bills of lading or other mercantile or negotiable instruments whatever or otherwise. 11.3. To give receipts:-To receive and give effectual receipts and discharges in my name for all monies, securities for monies, debts, goods, chattels and personal estate which are or may become due, owing, payable or transferable in or by any right, title, ways or means howsoever from any person or persons or corporation or other body or authority. 11.4. To receive debts, gifts, legacies, etc.:-To receive and give good and valid receipts and discharges in my name for share of assets of any business or for the purchase money of any share therein or of any part of such share and all such other monies as may be payable to me in any manner whatsoever. 12. Agents 12.1. Agency:-To act as agents for any person or to appoint any person as agent for any purpose in connection with any business or matter herein contained or otherwise and on such terms and with such powers and authorities as may be deemed by my said attorney to be expedient and to vary, modify and/or terminate such appointment and/or appointments and make other or others. 12.2. To employ persons in any capacity:-To employ any person in any capacity for my business firm, trusts, companies in which I am interested and require to employ such person or become interested in future and require to employ such person and to suspend, dismiss or discharge any employee so employed as my said attorney may deem fit. 12.3. To employ professionals:- For the better and more effectually executing the powers or authorities aforesaid or any of them to retain and employ solicitors, advocates, chartered accountants, managers, consultants or any other professional persons and/or debt collecting or other agents. 13. Miscellaneous 13.1. To enter into bond and indemnities:- For all or any purpose to give and execute all such bonds, guarantees, indemnities, covenants and obligations in my name. 14. To substitute and appoint in his place (on such terms and conditions as my said attorney shall think fit and proper) one or more attorneys to exercise for me as my attorney or attorneys any or all of the powers and authorities hereby conferred and to revoke any such appointment from time to time and to substitute or appoint any other person or persons in the place of such attorney or attorneys as the said attorney shall from time to time think fit and proper. 15. AND in case of the death of the said attorney or inability or unwillingness to act through illness or any other reason to act as my said attorney in relation to all or any of the matters aforesaid, I hereby appoint Smt. ................................ wife of ...................... resident of ..................................... to act as my attorney in place of the said attorney after his death or during such inability or unwillingness and in the latter case during the subsistence of any such inability or unwillingness as the name of Smt...................... had been inserted in this deed instead of the name of the said attorney. 16. And generally my said attorney shall have the power to do all such acts, deeds and things on my behalf and I could have lawfully done, if personally present. AND I do hereby for myself, my heirs, executors, administrators of acts done and legal representatives ratify and confirm and agree to ratify and by attorney confirm all and whatsoever my said attorney or his substitute or substitutes shall lawfully do or cause to be done by virtue of these presents. IN WITNESS WHEREOF, I .............................. have hereunto set my hand this ....................... day of .................... 2000. Schedule I above referred to Schedule II above referred to Signed and delivered by the within named ................. WITNESSES; 1. 2. Identified by me ( ) Before me Advocate Notary Public
- Appointment of an Attorney in Place of Another
Appointment of an Attorney in Place of Another Let it be known to all men through these presents that I…………………….s/o…………….r/o………………had appointed Shri……..s/o……..r/o………..to be my attorney for a specific purpose with specific powers under power of attorney dated…………..executed by me. That now I intended to remove the aforesaid attorney Shri……………..s/o…………r/o…………and want to appoint Shri…………s/o……………..r/o……………..as my attorney in his place. THE POWER OF ATTORNEY, THEREFORE, WITNESSES AS UNDER: 1. Now I hereby revoke and cancel all the powers and authorities given by me to my attorney Shri……….s/o…………..r/o…………………under the power of attorney dated……… 2. I do hereby appoint Shri…………..s/o………..r/o…………my attorney in my name and on my behalf to perform all acts and exercise all powers and authorities stated in the said power of attorney date………… The name of Shri…………..s/o…………………r/o………….as my attorney shall be deemed to have been inserted in place of Shri…………….s/o……….r/o……………..in the power of attorney dated……….since the very beginning. All acts lawfully executed by the aforesaid Shri……………..for me under powers given in the power of attorney dated………and this present deed shall be duly ratified and confirmed by me. IN WITNESS WHEREOF etc. etc. Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)