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- SUIT FOR DAMAGES FOR CARRYING ON A NOXIOUS MANUFACTURE AND FOR A PERMANENT INJUNCTION RESTRAINING IT
SUIT FOR DAMAGES FOR CARRYING ON A NOXIOUS MANUFACTURE AND FOR A PERMANENT INJUNCTION RESTRAINING IT IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The Plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called.................. situate in................. 2. Ever since the................. day of................. 19.................. the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands. 3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and livestock of the plaintiff on the lands became unhealthy and many of them were poisoned and died. 4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been prevented from having so beneficial and healthy use and occupation of the lands as he otherwise would have had. 5. The plaintiff has suffered a damage of................. rupees due to the wrongful act of the defendant. 6. It is expedient and the balance of convenience is in favour of the plaintiff that the defendant be restrained by issuing a permanent injunction to the defendant deterring from such noxious manufacture at the land adjacent to that of the plaintiff. 7. The plaintiff gave a registered notice to the defendant dated................. 19.................. received by the defendant on................. 19.................. requesting the defendant to remove his manufacturing process to some industrial area, and demanded a damage of................. rupees within one month from the receipt of the notice. 8. Defendant vide his reply received by the plaintiff on................. 19 ................. has denied his liability and has alleged his right to continue the manufacture in the area. 9. Cause of action arose on................. 19................. when the defendant started his noxious manufacture and the land of the plaintiff began to be damaged as mentioned above, secondly on................. 19................. when the defendant was served with notice of the plaintiff to pay damages and to restrain himself from doing such wrongful act., and lastly, when the defendant refused his liability of any damages or restriction, through his reply which the plaintiff received on................. 19................. and this court has jurisdiction to try the suit. 10. This suit is valued at Rs................... the amount of damages and Rs.................. the thirty times of the annual rent of land revenue paid on the land of the plaintiff, and advalorum court-fee on the amount claimed for damages is paid and court-fee on one fifth valuation of land is paid for the relief of injunction. RELIEF CLAIMED: The plaintiff claims payment of Rs.................. the amount of damages from the defendant and further that the defendant be restrained by way of a permanent injunction from producing the abnoxious manufacture at the site adjacent to that of the plaintiff. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- SUIT FOR DAMAGE ON AN AGREEMENT OF INDEMNITY
SUIT FOR DAMAGE ON AN AGREEMENT OF INDEMNITY IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19.................... the plaintiff and the defendant, being partners in trade under the style of......................................... dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm. 2. The plaintiff duly performed all the conditions of the agreement on his part. 3. On the.................... day of.................... 19..................... (a judgment was recovered against the plaintiff and the defendant by E. F., in the High Court of Judicature at..................... upon a debt due from the Firm to E. F., and on the .................... day of.................... 19.................... ) the plaintiff paid.................... rupees (in satisfaction of the same. ). 4. The defendant has not paid the same to the plaintiff. 5. The plaintiff through a registered notice demanded the amount aforesaid which notice was received by the defendant on.................... 19..................... and a reply dated................... 19.................. of the defendant refusing his liability was received by the plaintiff on.................... 19..................... 6. Cause of action arose within the jurisdiction of this Court on.................... 19.................... when the defendant refused to pay. 7. The suit is valued at Rs...................... and court fee is paid thereon. RELIEF CLAIMED: The plaintiff claims Rs..................... as damage from the defendant. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras ....................to.................... of the plaint are true to my personal knowledge and those of paras.... ................ and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- SUIT BY A VENDEE AGAINST VENDOR FOR REFUND OF PURCHASE AMOUNT WITH DAMAGES DUE TO DEFECT IN THE VENDORí'S TITLE
SUIT BY A VENDEE AGAINST VENDOR FOR REFUND OF PURCHASE AMOUNT WITH DAMAGES DUE TO DEFECT IN THE VENDOR’S TITLE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — That on.................... 19.................... the defendant executed a sale deed of House No..................... situate in.................... in favour of the plaintiff for a consideration of Rs..................... received by him from the plaintiff in advance and at the time of the execution of the sale deed before the Sub-Registrar., and the plaintiff obtained possession of the house on that date. 2. That.................... sister of the defendant filed a suit No..................... of 19.................... claiming her half share in the house aforesaid, inheritance from her deceased father, and partition of her share and that the defendant has wrongfully sold the whole house to the plaintiff. This suit of.................... was decreed on.................... 19.................... and one half share in the house was declared to belong to her, along with the plaintiff transferee from the defendant., and partitioned and possession of the half share given to..................... 3. That accordingly, half share in the house is found defective due to the decree aforesaid, and the defendant is liable to refund half of the amount of the consideration of Rs..................... aforesaid, and damages due to loss of stamp paper respecting the half share and expenses of the execution of the sale deed respecting thereto, expenses incurred in defending the suit filed by.................... which amounted to Rs..................... and loss of business of the plaintiff incurred in the Factory of Brush-making run by the plaintiff in the said house, half portion of which now has been partitioned and possession given to.................... according to the decree of the Court. 4. That cause of action arose within the jurisdiction of this Court on .................... 19.................... when decree in favour of.................... was passed. 5. That the suit is valued at Rs...................... half of the amount of sale consideration aforesaid, and expenses incurred on execution of the said sale deed respecting the half share lost by the plaintiff, and also expenses incurred by the plaintiff in contesting the suit filed by the..................... and the amount of Rs. .................... as damages caused to the plaintiffs business run in the house aforesaid, and court-fee is paid according to the relief claimed. RELIEF CLAIMED: The plaintiff claims payment of Rs..................... as half of the sale consideration plus damages as mentioned above and interest from date of filing the suit till payment thereof. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- SUIT FOR INJUNCTION RESTRAINING NUISANCE
SUIT FOR INJUNCTION RESTRAINING NUISANCE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of the house No...................... Street..................... 2. The defendant is, and at all the said times was, the absolute owner of a plot of ground in the same street.................... 3. On the.................... day of.................... 19..................... the defendant erected upon his said plot a slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff. 4. In consequence, the plaintiff has been compelled to abandon the said house, and has been unable to rent the same. 5. The plaintiff gave a registered notice to the defendant to restrain himself from committing the nuisance, to which he did not reply. The notice was received by him on.................... 19.................... 6. Cause of action arose within the jurisdiction of this court on.................... 19.................... when the defendant received notice of the plaintiff. 7. The suit is valued at Rs..................... twelve times of the rent at which the house of the plaintiff was formerly let, and court fee for injunction is paid accordingly. RELIEF CLAIMED: The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-)
- SUIT FOR CANCELLATION OF A GIFT DEED OBTAINED BY UNDUE INFLUENCE
SUIT FOR CANCELLATION OF A GIFT DEED OBTAINED BY UNDUE INFLUENCE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff had been prosecuted in Cr. Cases S. T. No..................... of.................... 19.................................. versus................. under Section 395 of the Indian Penal Code and had been bailed out by the Defendant.................... his counsel in that case. 2. That the defendant had won the complete faith of the plaintiff as to his honesty and sincerity, and accordingly the defendant induced the plaintiff to make a gift deed in his favour of his house No............... situated in Mohalla.................... in.................... city under the make belief that the defendant would himself get the gift deed cancelled when the defendant fulfils his obligation of furnishing a security for the construction loan for his new house at.................... The defendant has now completed all his constructions of the said house, but despite requests he is not prepared to get the gift deed cancelled. 3. That the assent to gift away his house was obtained by the defendant from the plaintiff under the undue influence being the counsel of the plaintiff. The gift deed executed by the plaintiff in favour of the defendant is void and liable to be cancelled as such. 4. That the plaintiff apprehends that the defendant might sell the house to somebody else and make easy money of that and create further troubles to the plaintiff. 5. That the plaintiff had given a registered notice to the defendant to surrender the gift deed and get it cancelled himself, but he has refused to do so vide his reply received by the plaintiff on.................... 19.................... 6. That the cause of action arose on.................... 19.................... when the plaintiff received reply of refusal of the defendant, within the jurisdiction of this Court. 7. That the market price of the house is Rs..................... and as such the suit is valued at Rs..................... and court-fee is paid thereon. RELIEF CLAIMED: The relief claimed by this suit is to cancel the gift deed executed by the plaintiff on.................... 19.................... in favour of the defendant its registration Number being No..................... and costs of the suit be awarded to the plaintiff. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- SUIT FOR DAMAGE CAUSED BY CONSPIRACY OF THE DEFENDANTS TO DEFRAUD THE DECREE-HOLDER
SUIT FOR DAMAGE CAUSED BY CONSPIRACY OF THE DEFENDANTS TO DEFRAUD THE DECREE-HOLDER IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff applied for the execution of the Decree No..................... on.................... 19.................... against the defendant No. 1,.................... and order of attachment of the crop, and cattle of the said defendant was obtained on .................... 19.................... But before this date of order, the defendant No. 1 conspired with defendants Nos. 2 and 3 namely,.................... and.. !................. and through fake transactions of sale and purchase, the defendant No. 2 purchased the grain spread in the harvest of the defendant No. 1 and the defendant No. 2 purchased the cattle of the defendant No. 1, i. e., his buffalow, cow and bullocks and fetched them to their respective houses. 2. That when the Amin went to the defendant No. 1 to attach the goods aforesaid, he did not find them with the defendant No. 1 but with the defendant Nos. 2 and 3 and thus finding himself unable to attach the said crop and cattle, he returned without attaching anything. The defendant No. 1 has no agricultural fields of his own but he takes rent from other bhumidhars of some plots every year, and accordingly the decree now cannot be satisfied from defendant No. 1 alone. 3. That due to the aforesaid conspiracy of the defendants, the plaintiff suffered the following loss: Expenses incurred in court for attachment.................... Rs..................... The amount of the decree under execution.................... Rs..................... 4. That cause of action arose on when the defendant sold the goods sought to be attached, in conspiracy with the defendants Nos. 2 and 3, and this Court has jurisdiction to decide the matter. 5. The suit is valued at Rs..................... the expenses incurred in Court and the decretal amount aforesaid, and Court-fee is paid according to the relief claimed: RELIEF CLAIMED: The plaintiff claims payment of Rs..................... the decretal amount and expenses made on attachment proceedings, lost by the plaintiff due to the conspiracy of the defendants, and interest from date of suit till payment thereof. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)
- SUIT FOR DAMAGES AGAINST SURETY QUA HIS SECURITY BOND
SUIT FOR DAMAGES AGAINST SURETY QUA HIS SECURITY BOND IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff is a registered partnership firm carrying on business of supplying auto vehicles on hire purchase basis to its customers. 2. That the defendant.................... obtained a..................... Engine No. .................... Chesis No..................... A. C..................... model.................... on.................... 19.................... for Rs..................... out of which he paid Rs..................... (........................................ ) as advance hire amount. 3. That the remaining Rs..................... were to be paid on account of the hire purchase of the vehicle aforesaid in.................... equal instalments of Rs. .................... per month to the plaintiff by the 10th day of every calender month. 4. That it was agreed through an agreement of hire-purchase dated .................... 19.................... that the said defendant would regularly pay the instalments till the whole amount is paid, after which full satisfaction of the hire-purchase amount aforesaid, the said defendant would become the absolute owner of the said motor cycle. But if the defendant fails to deposit three continuous instalments aforesaid the agreement for hire-purchase of the vehicle would automatically be deemed to have been cancelled in default of the defendant aforesaid and the money deposited by the defendant with the plaintiff would be forfeited as hire only of the said vehicle, the plaintiff would be entitled to have back the vehicle from the defendant aforesaid; and if the defendant does not surrender the vehicle to the plaintiff, he would be liable to pay the whole balance amount of the vehicle, a liquidated damages. 5. That the defendant No..................... stood surety for the defendant No. .................... and agree to pay the amount jointly with the defendant No..................... or severally to the plaintiff on demand. 6. That the defendant No..................... failed to deposit the hire amount for the last.................... months.................... 7. That the plaintiff sent a registered notice to both the defendants but none of them has paid the amount so far, hence this suit for recovery of the said amount with interest pendente life, and till the amount is recovered from either of them or both of them. 8. That the suit is valued at Rs..................... the balance amount due from the defendants as liquidated damages to the plaintiff and ad velorm court fee is paid thereon. 9. That cause of action arose on.................... 19.................... on refusal of payment of the said amount by the defendants within the territorial jurisdiction of this Court, and this court has pecuniary jurisdiction as well to try the suit. 10. That the relief claimed by way of this suit is that the suit may be decreed against the defendant and a decree for recovery of Rs..................... with interest as liquidated damages may be passed accordingly against the defendants. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff case law Sections 128 and 141 SURETY CAN CONTRACT AGAINST LIABILITY TO THE EXTENT OF LOSS OF VALUE. The Contract Act has created rights and liabilities. But the parties have got a right to contract out of the rights and liabilities mentioned in the Contract Act. That is envisaged by Section 128 of Indian Contract Act. Therefore, merely because we do not find words "notwithstanding anything contained to the contrary", etc. in Section 141, it does not follow that the parties cannot contract out of the rights and liabilities laid down in Section 141 of the Contract Act. It was open to the surety to contract out of the rights under Section 141 relating to loss of hypothecated property and the surety having given the undertaking that she would not enforce the right under Section 141, even though, the property might have been lost, the surety was liable in law in view of the contract between her and the bank.1 Section 128 BANK GUARANTEE — LIABILITY OF SURETY The fact that the Company in liquidation i. e. the principal debtor has gone into liquidation also would not have any effect on the liability of the Bank i. e. the guarantor. Under Section 128 of the Indian Contract Act, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract. A surety is no doubt discharged under Section 134 of the Indian Contract Act by any contract between the creditor and the principal debtor by which the principal debtor is released or by any act or omission of the creditor, the legal consequence of which is the principal debtor may secure by operation of law in bankruptcy (or in liquidation proceedings in the case of a company) does not absolve the surety of his liability.2 1. (1990) 68 Comp. Cases 267: A. I. R. 1984 N. O. C. 113 (Guj. ). 2. (1983) 1 S. C. R. 561: A. I. R. 1940 Bom. 247: (1905) 1 K. B. 462: (1970) 2 S. C. R. 462. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.10/-)
- SUIT FOR PRICE OF GOODS AGAINST THE PRINCIPAL AND THE SURETY BOTH.
SUIT FOR PRICE OF GOODS AGAINST THE PRINCIPAL AND THE SURETY BOTH. IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The Plaintiff supplied goods worth Rs..................... to defendant No. 1 on credit on the verbal guarantee given by the defendant No. 2 that if the defendant would fail to pay for them, the defendant No. 2 would pay therefor. 2. That the defendant No. 1 did not pay for the goods and the plaintiff gave written intimation to both the defendants to pay for the goods within a week after the receipt of the bill, this letter was received by defendant No. 1 on.................... and by defendant No. 2 on.............. but neither of them has paid the amount so far. 3. That cause of action has arisen on.................... 19.................... when the defendants failed to pay for the goods given on credit within a week after receipt of the bill aforesaid. 4. That the suit is valued at Rs...................... the price of the goods given on credit and court fee is paid according to the reliefs claimed. liable. 5. That the defendants Nos. 1 and 2 are jointly and severally liable. RELIEF CLAIMED: The plaintiff claims: (1) Payment of Rs..................... with Rs..................... as interest on the amount up to the date of filing the suit. (2) Future interest from the date of the suit to the date of the payment thereof. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff ATTACHMENT OF SALARY OF GUARANTOR — REPAYMENT OF TEMPORARY LOAN NOT EXEMPT. Section 60 In case of attachment of salary of guarantor the repayment of temporary advance taken from GPF is not exempt and cannot be excluded.1 1. Smt. Florence Mabel R. J. v. State of Kerala, AIR 2001 Kerala 19. Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- SUIT FOR CONTRIBUTION BETWEEN CO-SURETIES.
SUIT FOR CONTRIBUTION BETWEEN CO-SURETIES. IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff and the defendant stood surety for.................... for Rs. .................... to the Punjab National Bank.................... Branch.................... for forwarding.................... the said loan for purchasing a tractor, and executed a surety bond of the same amount. 2. That.................... defaulted in payment of the instalments of the repayment of the amount with interest, and the Bank aforesaid took action against the sureties and realised the balance amount of Rs..................... with interest of Rs. 2000\- falling then due, from the plaintiff alone, as land revenue through the Collector of the district on.................... 19.................... 3. That the cause of action arose within the jurisdiction of this Court on .................... 19.................... when the Bank realised the amount aforesaid from the plaintiff alone, and this Court has jurisdiction to decide the suit. 4. That the suit is valued at Rs..................... which amount is to be contributed by the defendant to the plaintiff, and court fee is paid accordingly. RELIEF CLAIMED: The plaintiff claims Rs..................... from the defendant with interest from the date of filing the suit till the payment of the amount. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.5/-) Download PDF Document In Hindi. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)
- AGREEMENT FOR EMPLOYMENT OF A MASTER QF THE SHIP
AGREEMENT FOR EMPLOYMENT OF A MASTER QF THE SHIP.doc AGREEMENT FOR EMPLOYMENT OF A MASTER QF THE SHIP THIS AGREEMENT made at ......the …………day of …………20…………BETWEEN M/s. Tata & Co. Ltd., a Company registered under the Companies Act, 1956 and having its registered office at .......................hereinafter called the Ship owners of the ONE PART And Shri A, son of…………Shri………… resident of …………Master mariner being…………Certificate No . …………issued by the …………hereinafter called the Master of the OTHER PART WHEREAS the Ship owners are the owners of the ship named............... bearing Registration No . …………with the ' Registrar ................ Port …………hereinafter called the said ship" AND WHEREAS the Ship owners have selected Shri A, as Master for the said ship and the said Shri X is appointed as Master for the said ship on the terms and conditions hereinafter appearing. NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: (1) The Ship owners will employ Shri A, as the Master and the Master shall serve the Ship owners as Master of the said ship at a salary of Rs . …………p.m. for a period of…………years form the date of his appointment. (2) The Master will deposit a sum of Rs . …………with the Ship owners as security, on which the Ship owners will pay to the Master or to his account @ …………% per annum on the …………day of.................20…………in each year until repayment thereof after making deductions made pursuant to the Clause hereof. (3) The Master will be employed from the date on which he deposits the security deposit with the ship owners. (4) The Master will look after the navigation or management of the said ship and the management of the Ship owners' business. The Master will obey the orders and directions given by the Ship owners or their duly authorised agents during the continuance of his employment. (5) The Ship owners will be entitled to terminate this agreement with three months notice or the salary in lieu thereof for the said period to the Master. The Master may also terminate this agreement by giving three months notice in writing expiring when the said ship shall be at a Port in India. This Agreement will also be terminated by the loss or constructive total loss of the said ship. (6) When the Ship owners serve notice to the Master for terminating this Agreement, the Master shall deliver the ship, her papers and all other documents relating to the ship or the Ship owners business to the person named in the notice. (7) If the notice of termination is served to the Master, when the said ship is out of India, the Ship owners will provide the Master with a passage to a Port in India and pay his salary until his arrival at such Port or pay to him the sum of Rs . …………in lieu thereof at their option. The Master will not be entitled to any compensation or damages from the Ship owners on earlier termination of this Agreement by the Ship owners or by the loss or constructive loss of the said ship. (8) If the Ship owners suffer loss or injury through the negligence, willful act or default of the Master in the navigation or management of the said ship or in the management of her business, the Ship owners will be entitled to deduct the amount which is required to make good the said loss or injury from the security deposit. (9) The Ship owners will repay the security deposit with interest within one month after the termination of this agreement (subject to the provisions of clause 8 hereof) to the Master or to his account at...................Bank . …………Branch………… (10) In case any dispute or question arises in relation to this Agreement, the same shall be referred to a single arbitrator to be agreed upon by the parties hereto. The arbitration under this Agreement will be governed by the provisions of Arbitration and Conciliation Act, 1996 or any statutory modification thereof. (11) This Agreement shall be executed in duplicate. The original shall be retained by the Ship owners and the duplicate by the Master. (12) The stamp duty and all other expenses of this Agreement and duplicate thereof shall be borne and paid by the Ship owners. (13) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF the Ship owners have caused their common seal to be hereunto affixed and the Master has subscribed his hand the day and year first hereinabove written. The common seal of the within named Ship owners M/s. Tata & Co. Ltd. was hereunto affixed pursuant to the Resolution of its Board of Directors passed on the ............ day of 20 …………in the presence of S/Shri ………… Signature of Director of the Company Signed and delivered by the within named Master A WITNESSES Download Word Document In English. (Rs.15/-)
- APPOINTMENT OF DIRECTORS RELATIVES [SECTION 314(1B)]
APPOINTMENT OF DIRECTORS RELATIVES [SECTION 314(1B)] "RESOLVED THAT subject to the approval of the Central Government pursuant to provisions of section 314(1B) of the Companies Act, 1956, the authority be and is hereby accorded to the Board of Directors to appoint Mr._______________ as _____________ holding office of profit under the company, he being a relative of the Whole-time Director, Mr.___________________, of the Company, for a period of ____ years with effect from ________________, 200__, pursuant to the terms and conditions including relating to the remuneration as contained in an agreement between the company of the one part and the said Mr. ________________ of the other part, a copy whereof initialed by the Chairman was placed before this meeting. RESOLVED FURTHER THAT Mr. _________________, Director of the Company be and is hereby authorized to all acts, deeds and things as he may deem necessary in this regard. RESOLVED FURTHER THAT a draft of the resolution together with the explanatory statement, a draft of which is tabled before the meeting be included in the notice to be issued for convening of Extra Ordinary General Meeting." Download Word Document In English. (Rs.5/-)
- APPOINTMENT OF ADDITIONAL DIRECTORS
APPOINTMENT OF ADDITIONAL DIRECTORS "RESOLVED THAT Mr. _____________________ be and is hereby appointed as Additional Director of the Company pursuant to Section 260 of the Companies Act 1956, and the Articles of Association of the Company." "RESOLVED THAT Mr. ____________________ be and is hereby appointed as Additional Director of the Company pursuant to Section 260 of the Companies Act 1956, and the Articles of Association of the Company." "RESOLVED FURTHER THAT Mr. ______________________, Director/Secretary of the Company be and is hereby authorized to file necessary return with the Registrar of Companies to give effect to the said resolutions." Download Word Document In English. (Rs.5/-)