Search Results

Download Word Document In English. (Rs.120/-) Download PDF Document In Marathi. (Rs.110/-) 397 , 401 of CrPC  Summons by Magistrates Court Section 397: Challenging Summons by Magistrates Court u/s 204 Instructions for drafting Parties to the Application: The Accused made in Criminal complaint made u/s 200 or 190 are the Applicants herein; and, the original complainants and the concerned State would be the Respondents. Jurisdiction of Courts: 1.      The Sessions Court and the High Court have concurrent jurisdiction. However, Sessions Court must first be approached, despite the fact that if the Applicant loses in the Sessions Court, he cannot file second Revision, although he may adopt any other legal remedy like Application u/s 482 of CrPC, 1973 or may invoke Writ jurisdiction or Article 227 jurisdiction of High Court. 2.      For Sessions Court to exercise Revisional jurisdiction, the Magistrates Court must be situated within the local jurisdiction of the Sessions Court. 3.      For High Court to exercise Revisional jurisdiction, the Magistrates Court must be within its jurisdiction, that is to say, the Magistrate Court must be situated in the State in which High Court exercises its jurisdiction. Material facts to be pleaded: 1.      The allegations made in the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence; 2.      The allegations made in the complaint and the evidences furnished in support of the same, do not disclose the commission of any offence by the Applicants, and do not make out any case against the Applicant; 3.      That there are merely general allegations against the Applicants, without any specific attribution of incriminating acts and omissions, and the whole complaint against the present Applicants is based on speculation of facts, assumptions, imaginations and guessing; 4.      Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons; 5.      There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials. 6.      That there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied; 7.      That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution; 8.      That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with; 9.      There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; Limitation period: The Limitation period is 90 days from the date of the impugned order (the order which is under challenge). The time taken in obtaining the certified copy of the impugned order is allowed to be deducted while calculating the limitation period. If there is delay in approaching the Court, a condonation Application may be filed alongwith the Revision Application, setting out therein the number of days of delay and the reasons / grounds to condone the said delay. Court fee: The Court fee would vary from State to State. In Maharashtra, the Court fee is paid on the basis of number of pages of documents annexed with the Revision Application, and Rs.5/- is charged for every two pages. Compliance to conditions, if any: If applicable: There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; Verification Clause: 1.      Whereas Parties to the litigation makes series of submissions and allegations against each other, it is a basic requirement of law that Parties must specify in the Verification clause, by reference to the numbered paragraphs of their pleadings, as what facts are which are true to their own knowledge; and what facts are based on the information, belief and legal advice. 2.      Further, Section 297(2) of CrPC, 1973, among other things, stipulates that whoever party is obliged to file an Affidavit in any of the proceedings before the Court, the said Party is obliged to specify in his said Affidavit, by reference to the numbered paragraphs of his affidavit, such facts as the deponent is able to prove from his own knowledge and such other facts he has reasonable ground to believe to be true; and in the latter case, the deponent is obliged to state the grounds of such belief. In the absence of such compliance, a proceedings cannot be said to be duly instituted, and is vulnerable to challenge to be dismissed. Affidavit is required to be filed in Complaints filed u/s 200 of CrPC, 1973, and in other proceedings initiated before the Magistrates Court, Sessions Court or before the High Court. 3.      The person verifying his pleadings is obliged to sign. The Person verifying is also required to state the date and the place at which it was signed. 4.      This requirement of law is based on the principle that whoever comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, vague or speculative facts. 5.      Therefore, the law requires that whatever is stated by the Party in his proceedings, he must clarify that which statement is made from his own knowledge and which statement is made, based on other information, or based on legal advice. 6.      This is significant from another perspective, where in cases, if the submissions made by the Party were turned out to be false, then, the said Party may be held guilty of perjury / contempt of the Court for knowingly making false statement and misleading the Court, in cases, where he had verified the concerned false Paras emanating from his own knowledge. 7.      The profound object of this verification clause therefore is to prevent or cease frivolous submissions / Applications. 8.      The consequences of not verifying correctly may entail penal consequences. The Apex Court, comprising three Judges Bench, in the case of S.R. Ramaraj Versus Special Court, Bombay, 2003, have inter alia, observed that, “A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law”. BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT _________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. INDEX SR.NO  DATE EXHIBIT       PARTICULARS PAGE   NOS 1 Proforma (Roznama) A to D     Application 1 to Vakalatnama (If any) List of Documents            “A” “B” “C” “D” “E” “F” “G” Affidavit in support of the Application _______________ Advocate for the Applicant OR Applicant – In – Person BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT __________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. Mr. / Ms._______________Advocate for the Applicant OR Applicant – In – Person Office Notes, Office Memorunda of Corom. Appendices. Court’s order or Court’s of Judge’s Direction (This page is called proforma as stated in the Index. In sub-ordinate courts, on each of the hearing date, a very brief Note is prepared in respect of each of the matter which are listed on that day. In this Note, the Presiding Judge / Magistrate records (a) Name of the parties / Advocates who appeared on that day, (b) Applications or Affidavits or any other document filed, if any filed by any of the parties, (c) brief direction to both or any of the party to take any step in furtherance of the proceeding, (d) and next date of hearing along with the recording of next stage of the case. The blank pages are annexed with the Complaint bearing only the short title of the case. The aforesaid brief Note is pasted on this page. This Roznama is very important source of information (for recalling / refreshing) for both the parties as well as for the presiding Judge to acquaint themselves about the past happenings in the case.) BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT __________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… (1)________________) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Applicants (Original Accused) Versus (1)The State of _____) __________________) __________________) __________________) __________________)                                                                  (2)________________) __________________) __________________) __________________)                                          .... Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. THE HUMBLE REVISION APPLICATION OF THE APPLICANT ABOVENAMED 1.      The facts of the case – (a) (b) (c) (d) 2.      Being aggrieved by the aforesaid impugned Order / judgment dated ______ Applicant begs to prefer this Revision Application on the grounds set out hereinafter. 3.      Infirmities in the impugned Order: (The Applicant needs to deal with the observations made in the impugned order, and the findings recorded in pursuant thereto, and assailing those observations and findings, either on facts or on law or on both.  Please refer (Link of Illegal / perverse orders of the Court, grievance Sr no.19). 4.      Where in case it is argued that the allegations made in the Application 156(3) do not constitute any offence, then, with the aid of table of offence stated hereinafter, it may be demonstrated that the acts and omissions attributed towards the present Applicants do not constitute any offence. 5.       The Applicant further says that the table hereinbelow, in the first column lay down certain ingredients of the applicable offence / facts to be proved, and, then in the next column, spells out the facts alleged against the Applicant, clearly indicating that no offence can said to be committed by the present Applicants. (Therefore, the Applicant has to set out in the table, against each of the ingredient, the relevant portion of his Application / pleading, which would demonstrate that the requirement of respective ingredient of the offence is not met, or in the alternative, the Applicant may mention the Para number of his Application which sets out the factual aspect of the present case indicating the non-existence of the particular respective ingredient of the offence.) 6.      GROUNDS FOR RELIEF (as may be applicable to the facts of the case) a)     The allegations made in the complaint, even, if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence; b)     The allegations made in the complaint and the evidences furnished in support of the same, do not disclose the commission of any offence by the Applicants, and do not make out any case against the Applicant; c)     That there are merely general allegations against the Applicants, without any specific attribution of incriminating acts and omissions, and the whole complaint against the present Applicants is based on speculation of facts, assumptions, imaginations and guessing; d)     Complaint contains “bare allegation” without attributing “acts or omission” on the part of the accused person, towards the commission of the offences, that is to say, there is not an iota of any incriminating material against the accused so as to warrant the issuance of summons; e)     There are unimpeachable evidence to show that the offence could not have been committed by the accused person as alleged, and otherwise, the accused would be needlessly harassed of the inevitable agony of criminal trials. f)      That there are no evidences adduced against the Applicants, and therefore there were no sufficient grounds to proceed against the Applicants, and therefore, the essential requirement of law set out in section 204 of CrPC, 1973 is not satisfied; g)     That the evidences adduced against the Applicants are so weak and grossly inadequate to call the Applicants to face criminal prosecution; h)     That requirement of law contemplated u/s 202 of CrPC, 1973 is not complied with; i)       There is an express legal bar engrafted in the CrPC, 1973, or under _______  (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; j)       There could be many other grounds on which the impugned order may said to be bad in law. Please refer (Link of Illegal / perverse orders of the Court, grievance sr no.19). 7.      The main points to be emphasized upon: The Hon’ble Apex Court in the case of Pepsi  Foods  Ltd.  and  Anr.  v. Special Judicial  Magistrate & Ors (1998), inter alia, observed  as – Summoning of an accused in a criminal cases  is  a  serious matter.  Criminal law  cannot  be set  into  motion  as  a  matter  of course.  It  is  not  that  the complainant  has  to  bring  only two  witnesses  to  support  his allegations in the complaint to have  the  criminal  law  set  into motion.  The  order  of  the magistrate summoning the accused must reflect that he has applied his  mind  to  the  facts  of  the case  and  the  law  applicable thereto.  He  has  to  examine  the nature  of  allegations  made  in the  complaint  and  the  evidence both  oral  and  documentary  in support  thereof  and  would  that be  sufficient  for  the complainant  to  succeed  in bringing  charge  home  to  the accused.  It  is  not  that  the Magistrate is a silent spectator at  the  time  of  recording  of preliminary  evidence  before summoning  of  the  accused. Magistrate  has  to  carefully scrutinize  the  evidence  brought on  record  and  may  even  himself put questions to the complainant and  his  witnesses  to  elicit answers  to  find  out  the truthfulness  of  the  allegations or otherwise and then examine if any  offence  is  prima  facie committed  by  all  or  any  of  the accused. In a very recent judgment, the remarkable observations of Apex Court deserves a mention. In the case of Sunil Bharti Mittal Versus Central Bureau of Investigation [2015], the Apex Court observed to say that – Para 32: Sine Qua Non for taking cognizance of the offence is the application of mind by the Magistrate and his satisfaction that the allegations, if proved, would constitute an offence. It is, therefore, imperative that on a complaint or on a police report, the Magistrate is bound to consider the question as to whether the same discloses commission of an offence and is required to form such an opinion in this respect. When he does so and decides to issue process, he shall be said to have taken cognizance. At the stage of taking cognizance, the only consideration before the Court remains to consider judiciously whether the material on which the prosecution proposes to prosecute the accused brings out a prima facie case or not. Article 21 of the Constitution of India commands that “No person shall be deprived of his life and liberty” except according to the procedure established by law. In Criminal jurisprudence, the only safeguard available to an innocent person is the “scrupulous and strict adherence” to the procedure prescribed. Thus, whenever, any of the “prescribed procedure” is not “duly followed and complied with”, and where such non compliance, expressly or by necessary implication, frustrate the personal liberty of the accused person, the violence to fundamental right of the accused enshrined under Article 21 of the Constitution is imminent. The Applicant submits that institution of any judicial proceedings against a person carries an implicit degree of coercion and no judicial proceedings should be triggered at the whims and fancies of the litigants, which otherwise amounts to sheer harassment, embarrassment, and substantial expenses to the person saddled with litigation. 8.      Jurisdiction of the Court: A Para narrating facts that this court has jurisdiction to entertain the present Application. 9.      The Applicant states that no other Revision Application, except the present one, has been filed against the impugned Order, before this Hon’ble Court. 10. The Applicant craves leave to refer and rely upon certain exhibited documents, and would rely upon authorities, in support of Applicant’s case. 11. The Applicant craves leave to add, amend, delete any of the foregoing Paras / grounds, with the leave of this Hon’ble Court. 12. That the present Revision Application has been filed within the prescribed period of limitation. 13. The Applicant therefore, most humbly prays – a)     To call for the records and proceedings of this Case from the Ld. Magistrates Court; b)     To quash and set aside the impugned Order dated _____; c)     Pending the hearing and final disposal of the present Application, the operation of impugned Order be stayed; d)     To pass such other and further Order and to grant such further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case. FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR ____________ Applicant ___________ Advocate for the Applicant VERIFICATION I, ________________the Applicant do hereby state on solemn affirmation that what is stated in the paragraphs ___ to ____ is true to my own knowledge and what is stated in paragraphs ______ to ______ is based on the information, belief and legal advice, and I believe the same to be true and correct. (Solemnly affirmed at _________) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate Before me. VAKALATNAMA BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT __________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. To, Registrar / Registrar General The Sessions Court / _____ High Court Sir / Madam,              I / We,  ____________, the Applicant/s, in the above case, do hereby appoint Mr. ____________, Advocate, to act, appear and plead for me and on my behalf in the above matter. In witness whereof, I / we have set and subscribed my / our hands to this writing at Mumbai.                         Dated this     day of ______ 20____                                                                                                 __________ Applicant Accepted, Mr.______________ Advocate for ______                      ___________________ __________________ __________________ ___________________ Mobile No:________ Email Id:_________ Adv. Code: BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT ___________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. LIST OF DOCUMENTS RELIED UPON 1.      Exhibit “A”:  2.      Exhibit “B”: 3.      Exhibit “C”:   4.      Exhibit “D”:  5.      Exhibit “E”:   6.      The documents referred and relied upon in the Application; 7.      The documents in the possession of the Respondents; 8.      Any other document, with the leave of the Hon’ble Court. _______________ Advocate for the Applicant OR Applicant – In – Person The copy Exhibits / documents annexed in the Application BEFORE THE HON’BLE SESSIONS COURT / IN THE HIGH COURT OF JUDICATURE AT ________ AT CRIMINAL REVISION APPLICATION NO.            OF 20__ IN …………. / / ………… _______________                                                  …..Applicants (Original Accused) Versus (1) The State of Maharashtra (2) ________________                                          ….. Respondents (Resp No.2 being the Original Complainant) In the matter of Revision Application u/s 397 / 401 of CrPC in respect of impugned Order dated ____                  passed in _____ by Ld. Magistrate of                    Court at…………. AFFIDAVIT IN SUPPORT OF THE APPLICATION                         I, ______Adult, aged about___ Indian Inhabitant of _______ / authorized signatory, the Applicant herein residing at _______ do hereby state on solemn affirmation as under – 1.      I say that I am conversant with the facts of the present Application I am therefore able to depose to the same. I have filed the above Application seeking prayers more particularly mentioned in the Application. 2.      I, for the sake of brevity, repeat and reiterate each and every statement, submissions and contentions made in the Application as if the same are specifically set out herein and form part and parcel of this affidavit. I affirm and verify the correctness of the each and every statement, submissions and contentions as set out in the Application. 3.      I further say that, facts which are set out in the Application at Paras ______ are based on information and belief and I believe it to be true, on the ground that _________. ____________ Applicant ___________ Advocate for the Applicant VERIFICATION I, ________________the abovenamed Applicant do hereby verify the contents of what is stated in the aforesaid paragraphs ___ to ____ are true and correct to my knowledge and I believe it to be true and correct; and nothing stated herein is false and nothing has been concealed.  (Solemnly affirmed at Mumbai) This       day of           20            ) Deponent Identified / Interpreted / Explained By me _____________ Advocate for the ……

Download Word Document In English. (Rs.20/-) SHAREHOLDERS AGREEMENT BETWEEN ____________________ AND RE: Shares of ----------------------Pvt. Ltd. THIS AGREEMENT made the ____ day of ______, 2003 BETWEEN MR_B residing at _____________________ (hereinafter referred to as "A") (which expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs, executors, administrators and assigns) of the First Part. And MR. B residing at __________________________(hereinafter referred to as "B") (which expression shall, unless repugnant to the context or meaning hereof, mean and include his heirs executors, administrators and assigns) of the Second Part. And ________________________ (P) LTD., a Company incorporated under the Companies Act, 1956 and having its registered office at _____________________ herein represented by its ___________ (hereinafter referred to as "XYZ") which expression shall, unless repugnant to the context or meaning hereof, include its successors and assigns) of the Third Part; WHEREAS: A.    A and B hereto have agreed to jointly manage a company in India named "XYZ Pvt Ltd "; B.    A and B have agreed to become Equity Partners by investing in the shares of the Company subject to the condition that they shall enter into a Shareholders Agreement in terms of these presents; C.    The Company "XYZ PVT. LTD. " has been requested to, and has agreed to, join in the execution of these presents and to take this Agreement on record so that it is aware of the rights and obligations of A AND B, the parties hereto and ensure that they comply with the same; D.    The parties hereto are desirous of recording the terms and conditions of their Agreement in writing; NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1.       a.     A and B shall jointly invest in the Company which is an existing company limited by shares under the Companies Act, 1956 and known as "XYZ PVT LTD". b.    The registered office of the Company shall be situate at ________________, or at such other places as may be mutually agreed upon between the parties in writing. c.     The Company shall carry on the business of running and managing restaurants and (Description of the business and complete address), either by itself or through other agencies or company industries and may carry on any other business as may be decided by B hereto and shall ensure that no other business activity is undertaken by the Company at any time without the consent of A hereto. 2.     The authorised share capital of the Company is Rs.________/- (Rupees ___________________ only) consisting of ______________ (________) equity shares of Rs.10/- (Rupees ten) each. 3.     The subscription by A hereto to the aforesaid authorised share capital of the Company shall be 1,00,000 (One lakh) equity shares of Rs.10/- (Rupees ten only) and the subscription by B to the aforesaid authorised share capital of the Company shall be 1,00,000 (One lakh) equity shares of Rs.10/-(Rupees ten only). 4.     There shall be no further issue of capital without the consent of both the parties hereto, and unless otherwise agreed upon in writing further investment shall be as mutually decided by both parties. 5.       a.     The Board of Directors of the Company shall consist of A and B b.    A shall have the right to nominate two (2) Additional Directors onto the Board and B shall have the right to nominate three or more Additional Directors on the Board. Both parties shall be entitled at any time to remove any of the representatives on the Board by written notice to the other party and to appoint another or other/s in their place. c.     The day to day management of the Company shall be looked after by a Managing Director to be appointed with the consent of B hereto. Any major acquisition of property, substantial expansion of business activities or diversification or matters of policy shall be with the prior consent of B. d.    It is agreed as between the parties hereto that the position of Chairperson of the Company shall be held by B or a nominee of B. The Chairman of the Board shall also be the Chairman of all general meetings of the Company. 6.     A and B hereto jointly and severally shall vote and act as members of the Company and with respect to the shares of the Company held by them, so as to ensure that Directors of the Company are at all times appointed and maintained in office in conformity with the provisions of this Agreement. If at any time the provisions of this Agreement are not fully complied with, A and B jointly and severally agree to promptly take all necessary steps to ensure that the provisions of this Agreement hereof are fully implemented in letter and spirit. 7.       a.     The Auditors of the Company shall be M/s.______________________. b.    The Auditors of the Company shall not be changed without the prior written consent of both A and B. 8.     Any sale or transfer of shares in the Company by either party shall be as provided in Clause 9. If at any time during the continuance of this Agreement either A or B, desire to sell or transfer all or any of their respective shares held by them in the Company, they shall do so strictly in accordance with the provisions hereinafter written. 9.     If either A or B desires at any time to sell the whole or part of their shares in the Company, he shall first offer such shares in writing to the other. If the other does not accept in writing the offer within 15 days of receipt of the offer, the first party shall then be at liberty within 30 days thereafter to sell the shares so offered to any other persons of its choice at the same price and on the same terms and conditions as contained in its written offer to the other party hereto in the first instance, failing which the procedure contained in this sub-clause will have to be repeated by a party desiring to sell his shares. 10.  B will bring in further working capital to run an F & B Unit(s) at (Address of registered office). __________ Bank had advanced loans of about Rs. 1,10,00,000/-(Rupees One Crore Ten Lakhs Only) to XYZ which loans have to be repaid by them. B will be bringing further moneys upto Rs. (Rupees Only) to repay the loan. The Balance Rs. ____/- has been secured with the collateral security provided B. XYZ have entered into a Management and Royalty Agreement with ------------- (P) Ltd., for the operation and management of the F & B unit(s) of XYZ and are entitled to receive their share of profit. A and B are equally entitled to this share of profit being equal share holders of XYZ. It is hereby agreed that A shall not be entitled to a percentage of the profit which shall not exceed Rs. ------/-(Rupees ________________ Only) per month from XYZ out of his share of profit subject to the terms contained herein and/or in any other document executed by him on behalf of XYZ. The balance money attributable to A shall be utilized to repay the loans and interest outstanding to ________ Bank, and the amount of Rs. ________ /- brought in by B and interest thereon, and towards the working capital brought in by B and interest thereon and any other loans of the XYZ. This arrangement will continue till the entire sums (liabilities) together with the interest thereon have been repaid. However B will be entitled to withdraw the profit attributable to his share. 11.  B will be entitled to interest at the rate of 12% per annum on the sums brought in by him or his Associates / concerns / businesses. 12.  A and B agree and undertake not to disclose or divulge directly or indirectly to any third party any trade or business secret or other secret or confidential information pertaining to the business, affairs or transactions of each other or of the Company or of their clients or customers, that may have been disclosed, imparted to or acquired by either of them from the other or from the Company. 13.  A and B jointly and severally undertake:- a.     that they shall ensure that they, their representatives, proxies and agents representing them at general meetings of the shareholders of the Company shall at all times exercise their votes in such manner so as to comply with, and to fully and effectually implement, the provisions of this Agreement. b.    That if any resolution is proposed contrary to the terms of this Agreement, the parties, their representatives, proxies and agents representing them shall vote against it. If for any reason such a resolution is passed, the parties will, if necessary, join together and convene an extraordinary, general meeting of the Company in pursuance of section 169 of the Companies Act, 1956 for implementing the terms of this Agreement. 14.  A and B shall jointly and severally procure and/or ensure that the Director or Directors of its choice on the board of the Company shall at all times fully and effectually implement and comply with (including by exercise of voting rights at meetings of the Board or resolutions by circulation and on resolutions passed at a meeting of any Companies of the Directors) the provisions of this Agreement. 15.  If either A or B shall commit a breach of any of the terms or provisions of this Agreement and shall fail to rectify such breach within Sixty (60) days from the receipt of written notice from the party complaining of the breach, then the latter shall be entitled, without prejudice to its other rights and remedies under this Agreement or at law, to terminate the Agreement recorded herein by written notice. 16.  No modification of alteration of this Agreement or any of its terms or provisions shall be valid or binding on A and/or B unless made in writing duly signed by both. 17.  This Agreement is personal to A and B and shall not be transferred or assigned in whole or in part by either party without the prior written consent of the other. 18.  If any dispute or difference shall at any time arise between A and B as to any terms, provisions or matters contained herein on as to their respective rights, claims, duties or liabilities hereunder or otherwise, howsoever in relation to or arising out of or concerning this Agreement, such dispute or difference shall be referred to the arbitration. The venue of such arbitration shall be in Bangalore unless otherwise agreed in writing. Such arbitration shall be held under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. 19.  This Agreement represents the entire agreement between the parties hereto on the subject matter hereof and cancels and supersedes all prior agreements, arrangements or understandings, if any, whether oral or in writing, between the parties hereto on the subject matter hereof. IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinabove written. SIGNED AND DELIVERD by ) MR. A) in the presence of ) SIGNED AND DELIVERD by ) MR.B) in the presence of ) SIGNED AND DELIVERD ) for and on behalf of XYZ ) by its SHAREHOLDERS AND ) AUTHORISED DIRECTORS ) MR. A ) MR. B) in the presence of )

Download Word Document In English. (Rs.25/-) Precedent No. 41 AFFIDAVIT: IN A CIVIL REVISION  PETITION - SEEKING STAY BEFORE THE HIGH COURT OF Civil Miscellaneous Petition No of, 20 In Civil Revision Petition No of Petitioner: Vs. Respondent: AFFIDAVIT of D/o , aged years,      now residing in …………………….. The deponent named above hereby solemnly affirms and states as follows:—  The deponent is the petitioner in the Civil Miscellaneous Petition and theCivil Revision Petition referred to above. The deponent herein is wellacquainted with the facts and circumstances of the case and being so,stands fully competent to swear to this affidavit. The deponent herein willbe referred to as the petitioner hereinafter.        2   It is respectfully submitted that the maintainability of the appeal referred  to above was questioned by the petitioner vide I.A. No before  the district Court on a preliminary ground. The said Court dismissed the   said application by its order dated aggrieved by which the  abovementioned Revision Petition has been filed by the petitioner. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit. It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable. In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of. Sd./ Deponent. Verification Verified      at on      this      the day of , 20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of , 20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided from affidavits and only facts be stated therein.

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application. Format of Affidavit to be filed with Restoration Petition in a Dismissed Application. Restoration Petition for a Dismissed Application can be filed under Section 151 of Civil Procedure Code. Sample Format of Affidavit for restoration Petition is given below:  BEFORE THE COURT OF ____________, NEW DELHI MISCELLANEOUS APPLICATION NO. ____OF _____ IN CIVIL MISCELLANEOUS PETITION NO.___ OF 20__ IN APPEAL NO. ____ OF 20__ IN THE MATTER OF :  MR. ______                                                           APPLICANTVERSUS  MR. ______________                                            RESPONDENT   AFFIDAVIT   IT IS MOST RESPECTFULLY SHOWETH: I, _______________, son of Shri. ______________, aged about years, resident of ____, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:- 1. The I am the applicant in the application referred to above. I am well acquainted with the facts and circumstances of the case and being so, stands competent to swear to this affidavit. 2. That I have filed the application referred to above to set aside an order dated ____ dismissing the suit for default. 3. That on the day of dismissal, the deponent was duly present in the Court. However, the Counsel of the deponent was not feeling well unable to make it to the Court. In view of the said contingency, the deponent requested this Hon'ble Court to take up the case after some time. That this Hon'ble Court, however, did not considered the request of Applicant and the application was dismissed as a consequence thereof. 4. As is self evident, the circumstances referred to above were absolutely beyond the control of the deponent and not owing to any default, neglect or laches on the part of this deponent or his counsel. 5. It is in favour of law and natural principles of justice that the order passed by the Hon'ble Court dismissing the application for default may be set aside and the application be restored and the deponent be given a fair opportunity to be heard.   DEPONENT   VERIFICATION Verified at Delhi on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. DEPONENT Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______,20__ COUNSEL FOR THE DEPONENT   Section 151 of Code of Civil Procedure 1908 Section 151 "Saving of inherent powers of Court" Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.   Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Precedent No. 58 AFFIDAVIT: UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955 IN THE COURT OF ADDL. DISTRICT JUDGE, H.M.A. Petition No of 20 Petitioner: Vs. Respondent: AFFIDAVIT I,  ,  W/o ,  D/o  ,  presently   residing in , do hereby solemnly affirm and state as follows:— That, I am the petitioner in the accompanying petition and I am well conversant with the facts and circumstances of the case. I am competent to swear to this affidavit. That, my marriage with the respondent was solemnised at Delhi, on, as per Hindu rites and ceremonies.  That, details laid out in the accompanying petition, with regard      to my age, status and place of residence of the petition before        marriage and at the time of filing this petition, may be treated      as part of this petition.               That, no child was born out of the wedlock between the                  respondent and me.  That, the respondent, without any cause or justification, left      the matrimonial home on and has not returned to the      matrimonial home ever since although the petitioner has made      all efforts to bring him back. That, the respondent has completely withdrawn from the      company of the petitioner since the aforementioned date. That, the petition is not presented in collusion with the      respondent. That, there is no other legal ground why the relief should not be      granted. That, there has not been any unnecessary or improper delay in     filing this petition. That, there have not been any other previous proceedings      between the parties. Sd./ Deponent. Verification Verified at on this the day of ,20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of ,20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Download Word Document In English. (Rs.10/-)

Affidavit With The Application For The Registration Of The Will After The Death Of The Testator Before the Sub-Registrar ……………………. In the matter of registration of the WILL executed by  Mr …………………………………………………………………..…………  S/O …………………………………………………………………………… Resi…………………………………………………………….…………….. Affidavit of Mr…………………………………………………..…….., age ……… years,  S/O ……………………………………………………………………………  resi …………………………………………………………..…………….. and  aged about ……………………….…. years,  S/O ………………………………………………………………………….  resi …………………………………………………..………………………… We, the abovenamed deponents do hereby solemnly affirm and state as under: 1. That we, the deponents, are the witnesses to the execution of the will executed by Shri ………………………. on ………………… and as such fully acquainted with the facts deposed to below. 2. That the aforesaid testator Shri ………………………..……….. executed his last will on ……………………….., in our presence. 3. That the testator was healthy and of sound mind at the time of execution of the will. 4. That the testator executed his will on …………………………………….. of his own free will. 5. That the testator signed the will after reading and understanding its contents in our presence. We, the above deponents do hereby declare and verify that the contents of paras 1 to 5 are true to our knowledge and nothing material has been concealed, no part of it is false. Verified at …………………….. on this ………………. day of ……………….,  Deponents Date ………………….. Download Word Document In English. (Rs.5/-)

ASSIGNMENT OF A BOND BE IT KNOWN TO ALL MEN that I, ……………………………….……………. the person named as the Obligor in the Bond, dated _____________________, executed in my  favour by ………………………..…………………... of, etc. in the sum of Rs _________________ hereby transfer and assign absolutely all my rights, title and interest in the said Bond to………………………….... of, etc. he having paid me the sum of _________ which I accept as full consideration of the said Bond. AND be it further known that the said……………., his heirs, successors and assigns shall hereafter be entitled to recover and enforce payment of the sum accruing due (principal and interest) on the said Bond  SIGNED, dated and delivered at _________ this the _________ day of _________, 20 _________.  Witness:  1.  …………………………………………..  Download Word Document In English. (Rs.5/-)

ASSIGNMENT OF COPYRIGHT OF  BOOK RESERVING ROYALTY  This Deed of Assignment is executed on this _______________day of ________. Betweens Sh. ____________________________________,  S/o Sh. _________________________________,  R/o _____________________________________ (hereinafter called "the assignor") which expression shall include his successors, executors and administrators of the one part And Sh. _____________________________________,  S/o Sh. __________________________________,  R/o _____________________________________ (hereinafter called "the assignee") which expression shall his successors, executors and administrators of the other part. Whereas 1. The assignor being author of the book named ______________________. 2. The assignee has asked the assignor for assigning the copyrights of the said book to the assignee.3. The assignor consents to assign to the assignee the copyright of the said book for a consideration of Rs. ________. Now This Deed Witnesses as Follows: 1. According to aforesaid agreement and in consideration of Rs._____________ (Rupees ____________________________________________________ only) paid by the assignee to  the assignor (the receipt of which the assignor hereby acknowledges) the assignor being completely beneficial owner of the copyright in the said book, hereby assigns, transfers and sells absolutely to the assignee the copyright of the above-stated, book written by the assignor. 2. The assignor also assigns and sells to assignee the right of also printing, publishing and bending any quantity of books in whole or in parts and in any kind that the assignee may wish. The assignor also allows to the assignee the right of translating or of any other use of the book, all the rights hereby allowed are subjective to enactments in section 53A of Copyright Act, 1957. 3. The assignor also agrees with the assignee that he being sole owner of copyright in concerned book and lacking any right, claim or interest of any form, whatever, or any other person per copyright of said book. In Witness Whereof, the parties to this deed have signed their signatures at New Delhi, on the day, month and year first noted above, in presence of : Assignor _____________ Assignee: ______________ Signed................... Date ................  Witnesses:  1.  2 Download Word Document In English. (Rs.10/-)

AFFIDAVIT IN SUPPORT OF APPLICATION FOR MAINTENANCE PENDENTE LITE AND FOR EXPENSES OF THE PROCEEDINGS   In the Court of Addl. District Judge IV . ............ Petition No . of    Shri A Petitioner/Opposite Party vs   Smt. B Respondent/Applicant                Affidavit of Smt. B aged about ………………..years,               wife of Shri A, resident of  ……………………………………………………………………   I, Smt. B, aged about ………………..years,  wife of Shri  …………………………………………………………………………………………. resident of ………………………………………………………………………………………..... do hereby solemnly affirm and state as follows:   1 . That I am the respondent in this petition for divorce and as such fully acquainted with                 the facts deposed to below. 2. That my husband Shri A has filed a petition for divorce against me before this Court being No  ………………..of  3. That I have no source of income for my support and to defray the expenses of the proceedings filed by the petitioner. 4. That I do not own any property and have no earning on my own. 5. That the petitioner Shri  ………………..is employed as an officer in ………………..Bank                  working in ………………………….. branch  ………………….……..and   ………………..getting a                 salary of Rs   ………………..p.m. 6. That the petitioner Shri …………………………………….…….. is also having a house at his native place, which he has leased to at a monthly rent of Rs .  7. That the petitioner Shri ……………………………….…………….. has no dependants to support. 8. That there is no living child out of the marriage.   I, Smt. B, the above named deponent, hereby declare and verify that the contents of paras 1 to 8 are true to my personal knowledge, nothing material has been concealed and no part of it is false. So help me God.   Verified at  ………………..on this ………………..day of  ………………..20 ………………..  Date ……………….. Deponent Download Word Document In English. (Rs.10/-)

BOOK DEBTS IN CONSIDERATION OF A DEBT THIS DEED OF ASSIGNMENT is executed on this ________ day of _________. BETWEEN Sh. _______________________________, S/o_______________________________, R/o_________________________________ (hereinafter called "the assignor") which expression shall include his successors, executors and administrators of the one part AND Sh. ________________________________, S/o________________________________, R/o________________________________ (hereinafter called "the assignee") which expression shall include his successors, executors and administrators of the other part. WHEREAS 1. The assignor is engaged in the trade of ____ and has his office at _____ and godowns at _____under the name and style of _________; 2. The assignor has in the course of the trade given the products to several persons on credit. The names of such creditors are stated in the first column of the schedule hereto and the amount of credit is also given against to their respective names in the second column of the said schedule; 3. The assignor had taken a loan of Rs.____ from the assigning by executed a bond on ______ and is thus indebted to him; 4. The parties to this deed have conceited that the assignor shall assign and the assignee shall accept shall said debts satisfying the loan amount due from the assignor to the assignee. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. The assignor as beneficial owner hereby assigns to the assignee all the debts states in place against the consideration of the sum of Rs._________, due to the assignee. 2. In consideration of the sum of Rs. __________ so assigned by the assignor to the assignee, the assignee as beneficial owner of the same releases the assignor from the debt so owed under the bond above stated. 3. The assignor assigns in addition to all the various debts states in the schedule hereto the benefits of all securities for the same and all interest, if any, due and to become due for the same TO HOLD the same to the assignee completely. 4. The assignor consenting with the assignee that the said debts hereby assigned are still due and owing to the assignor from the several persons given in the said schedule. IN WITNESS WHEREOF, the parties to this deed have signed this deed at New Delhi, on the day, month and year first noted above, in presence of : Assignor ______________ Assignee: ______________ Signed .................. Date ...................... Witnesses: 1. 2. Download Word Document In English. (Rs.10/-)

ASSIGNMENT OF COPYRIGHT WHEREAS Mr…………………………………………….. etc., is/are the owner(s) of copyright and all other proprietary rights in the Work _____________________ and is/are desirous of assigning unconditionally the said copyright in the said work and the work and whereas ……………………………………... etc., is/are agreeable to purchase the same. WITNESSETH that in consideration of the sum of Rs _______ paid by the said BB. to the said Mr………………………………………………….………... by ___________________ (the receipt whereof the said………………………………………………..…. hereby acknowledges), the said…………………….……………. hereby unconditionally assign(s) unto ……………………………………………… the copyright in the work ______ and the said work this _________ day of _______, 20 . __________ _________________ Sd……………... Witness ________ _________________ Sd. ……………….. Download Word Document In English. (Rs.5/-)

ASSIGNMENT OF DECRETAL DEBT THIS DEED is made _________ (as in Precedent No. 3). WHEREAS the Assignor obtained a simple money decree in Suit No____________________ of ________________________ of the Court of the _____________________ decided on._________ against CC.; AND WHEREAS the said CC. did not file any appeal and the said decree became final; AND WHEREAS the Assignor is unable to execute the said decree on account of his continued absence from __________________________.; AND WHEREAS if the said decree is not executed on or before ___________________ it will become time-barred; AND WHEREAS the sum of Rs _______________ is now owing on account of principal, interest and cost on the said decree; AND the said AA. has agreed to transfer the said decree to BB. for the sum of Rs ______________ NOW THIS DEED OF ASSIGNMENT WITNESSES that in pursuance of the said agreement and in consideration of the said sum of Rs________________ the said AA. hereby assigns unto the said Assignee ALL THAT sum of Rs_______________ now owing on the said decree and all future interest to become due and the full benefit of the said decree and judgment TO HOLD unto the said Assignee the said decree and all interest, benefit and obligation thereunder. IN WITNESS whereof (as in Precedent No. 3). Witness: 1. AAB. Assignor. 2. BB. Assignee. Download Word Document In English. (Rs.10/-)