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  • A Form of Notice of intention of a member to transfer his Shares and interest in the Capital/Property of the Society.

    Common No.Form No. – 20(1) [Under the Bye-law No.38 (a)] A Form of Notice of intention of a member to transfer his Shares and interest in the Capital/Property of the Society. To, The Secretary, ______________________________________Co-op. Housing Society Ltd., ______________________________________ ______________________________________ Sir, I/We,Shri/Shrimati/M/s____________________________________________________________ member of ________________________________________________________ Co-operativeHousing Society Ltd., having address at___________________________________________________ ______________________________________________________________________________________________________ and holding five fully paid up shares of Rupees Fifty each, bearing distinctive numbersfrom ____________ to ____________ (both inclusive) and the Flat No. ____________ admeasuring__________ sq.mtrs., in the building of the society, numbered known as___________________________ hereby give you notice as required under Rule 24 of the Maharashtra Co-operative SocietiesRules, 1961, as under : I / We Shri / Shrimati / M/s. ___________________________________________________________ ________________________________________________________________________________________________________ intend to transfer my/our shareas and my/our right, title and interest in the flat in the building ofthe society and my/our interest in the capital of the society to Shri/Shrimati/ M/s. _____________________ _______________________________________________________________________________________________________ for consideration of Rs. ___________________________. The consent of the transferee is given overleaf. Yours faithfully, Place : Date : Encl : 1) Consent letter from the transferee. COMMON Form No. – 20 (2) [Under the Bye-law No. 38(a)] A Form of letter of consent of the Proposed Transferee for the Transfer of the shares and interest of the member (Transferor) to him (Transferee). To, The Secretary, ______________________________________Co-op. Housing Society Ltd., ______________________________________ ______________________________________ Sir, Shri / Shrimati / M/s. ______________________________________________________________ member of _____________________ Co-operative Housing Society Ltd., proposes to transferhis/her/ their shares and interest in the capital / property of the society to me / us. I / We hereby givemy/our consent for the proposed transfer of shares and interest of Shri/Shrimati/M/s. ____________________ _________________________________________________ in the capital/property of the societyto me/us as required under Rule 24(1)(b) of the Maharashtra Co-operative Societies Rules 1961. My/our name and address is as under : __________________________________________________________________________________ ___________________________________________________________________________________ Place : Yours faithfully. Date : Download Word Document In English. (Rs.20/-)

  • Form of Requisition to call Special Meeting of the Committee to consider Motion of No. Confidence

    1FORM – M-18 [See Rule 57A-(1)] Form of Requisition to call Special Meeting of the Committee to consider Motion of No. Confidence Place: Date: To, The................................... Registrar of Co-operative Societies, We, the undersigned members of the Managing Committee of the............... ……………………………………………….Society Limited, hereby request you under sub-section (2) of Section 73ID of the Maharashtra Co-operative Societies Act, 1960 to call a special meeting of the Managing Committee of the said Society to consider the motion of No Confidence against Shri/Smt…………………………………………………………………………President/Vice President/Chairman/Vice Chairman/ Secretary /Treasurer/any other Officer of the said Society. A copy of the motion proposed to be moved is enclosed. The motion will be moved by Shri/Smt………………………………………………………………………………………… Footnote: Ins. by G.N. of 1-1-1988 Download Word Document In English. (Rs.5/-)

  • OMMON

    Download Word Document In English. (Rs.150/-) This draft has 54 pages, all the pages are not possible to show in this post. OMMON Form No. 21 [Under bye-law No.38 (e) (i)] Form of application for transfer of Shares and interest in the Capital/Property of the Society by the Proposed Transferor (being an individual) To, The Secretary, _______________________________________________________Co-op. Housing Society Ltd., ________________________________ ________________________________ Sir, 1. I/We, Shri/Shrimati ________________________________________________________________ am the member of _______________________ Co-operative Housing Society Ltd., having addressat ____________________________________________________________________________________ _____________________________________________________________________________________ and holding the Share Certificate No. ___________________ for five fully paid up shares of RupeesFifty each, bearing distincitive numbers from ______________ to ______________ [both inclusive] andholding the the Flat No. __________ admeasuring ______________sq.mtrs., in the building of the saidsociety numbered / known as ________________________________________________. 2. I had given you notice of my intention to transfer the said shares and my interest in thecapital/property of the society on _________________________ as required under Rule 24 (I) [b] ofthe Maharashtra Co-operative Rules, 1961 along with the consent of the proposed transfereeShri/Shrimati/M/s. ________________________________________________________________. 3. I enclose herewith the application in the prescribed form for membership of the said society,by the proposed transferee. 4. I remit herewith the transfer fee of Rs. 500 (Rupees Five Hundred only). I also remit herewiththe amount of the premium of Rs. ______________ (Rupees ___________________________________________________ only), as provided under bye-law no. 38 (e) (ix) of the bye-laws of the society. 5. I state that the said shares and the interest in the capital/property of the said society havebeen held by me for a period of not less than a year. 6. I further state that the liablities due to the said society by me, as on the date of this application,have been fully paid by me. I also undertake to pay the liabilities which may become due till thetransfer application is approved by the Society. 7. I hereby undertake to discharge any liabilities to the said society, which related to the period of my membership with the said society and have become payable by me after cessation of mymembership due to any demand made by the local authority, Government or by any other authorityor any account, after cessation of my membership. 8. I propose to transfer the said shares and my interest in the capital/property of the said society on the following grounds. (i) ________________________________________________________________________ (ii) ________________________________________________________________________ (iii) ________________________________________________________________________ 9. I furnish herewith the declaration, in the prescribed form, on ten rupee stamp paper about non-holding of any vacant land or land with a building, in any urban agglomeration, specified underthe Urban Land (Ceiling and Regulation) Act, 1976, the area of which exceeds 500 sq.metres. * 10. I also furnish herewith the undertaking in the prescribed from, on twenty rupees stamp paper, about the registration of the transfer, as required under Section 269-AB of the Income-Tax Act. 11. I request you to approve the proposed transfer and inform me accordingly. Yours faithfully, Place : (Signature of the Transferor) Date : * This undertaking is not necessary if consideration for transfer is Rs.75,00,000/- or less. COMMON Form No. – 23 [Under bye-law No. 38 (e)(ii)] Form of application for membership of the Society by the Proposed Transferee [being an individual]

  • REGISTRATION OF A CO-OPERATIVE SOCIETY WITH RESTRICTED LIABILITY

    REGISTRATION OF A CO-OPERATIVE SOCIETY WITH RESTRICTED LIABILITY [Rule 8(1)] Part I To The Registrar of Co-operative Societies Dated................................. Sir We the undersigned consent to the annexed bye-laws and under section ….of …………………………………………………………………………………………………………………., apply to be/registered as a Co-operative Society with restricted liability under the title of ........................... the registered office being at..................... Post Office........................ .................. Town/Panchayat ........................ Sub-division ............... District.................. 1. Serial No.: 2. Name of applicant for registration: 3. Father's Name: 4. Occupation: 5. Age: 6. Permanent Address: 7. Present Address: 8. If member of any other society, if so name and address of the society(ies): 9. Signature/L.T.I. of applicant: Part II 1. Name of the proposed society ....................................... 2. Nature of responsibility of members ..................................... 3. On share basis or without shares ................................. 4. Number of applicants ................................................. (a) Individual:....................................................... (b) Co-operative Societies: ....................................... 5. Names of the members of the first Board (constituted under Rule 30)—(if it is intended that Registrar should constitute the first board per nomination, no name to be stated here). (1) .......................................... President (2)............................................. Vice- President (3)............................................. (4).......................................... (5).......................................... (6)............................................ 6. Name/address of person (Chief Promoter if a Cooperative housing society) who should be corresponded till registration of society .......................................... 7. Certified that each applicants belong to different family as needed under section 13(2) of the Act. Signature of three applicants empowered by promoters to sign and certify on their belief. (1)... (2)... (3) ... Date Download Word Document In English. (Rs.15/-)

  • Application for Registration of Society

    FORM – A See Rule No 4(1)1 Application for Registration of Society Place: Date: To, The Additional/Joint/Deputy/Assistant/Registrar,* Co-operative Housing Societies…………………………… We submit herewith a proposal for registration of the following society along with enclosures as indicated below. We also declare that the information given herewith, including that in the enclosures, is correct to the best of our knowledge:- Name of the proposed society**; Address to be registered; Whether liability is limited or unlimited; Area of operation; Objects of the society; The amount of preliminary expenditure incurred by the promoters till the date of application, and estimate of expenditure likely to be incurred by them thereafter with a view to getting the society registered. Language in which the books and accounts of the society will be kept. 3. We are sending four copies of the proposed by-laws signed by the applicants (not less than 10). Name and address of the person to whom correspondence regarding registration or otherwise should be addressed Signature Chief Promoter……………………………….. 6. …………………………………………………………… ……………………………………………………….. 7. …………………………………………………………… ……………………………………………………….. 8. …………………………………………………………… ……………………………………………………….. 9. …………………………………………………………… ……………………………………………………….. 10. …………………………………………………………. Note: In the case of a representative of society, a copy of the resolution of the committee of that society authorizing him to sign on its behalf this application and by-laws should be enclosed with this application. In the case of a corporate body, representative status of the signatory on behalf of the corporate body should be indicated. The expression "Member of family" means a wife, husband, father, mother, grandfather, grand-mother, step-father, step-mother, son, daughter, step-son, stepdaughter, grand-son, grand-daughter, brother, sister, half-brother, half-sister, and wife of brother or half-brother. Enclosure:- Bank balance certificate. List of persons who have contributed to the share capital together with the amount contributed by each of them and the entrance fee to be paid by them. The scheme showing the details as to how the working of the society will be economically sound, and where the scheme envisages the holding of immovable property by the society, giving description of immovable property proposed to be purchased, acquired or transferred to the society. *(4) A copy of the resolution authorising a member of the committee of the registered society to sign the application on behalf of the society. **(5) A copy of the document authorising any person to sign the application on its behalf issued by a firm, company or other corporate body, a society registered under the Societies Registration Act, 1860 or a public trust registered under any law for the time being in force relating to registration of public trusts. Sent by registered post on...................................................../Delivered by hand by ………………………………………………… to/in the office of the Assistant Registrar/Deputy Registrar/Joint Registrar/Additional Registrar/Registrar, ………………………………… (Chief Promoter) Received by registered post/hand delivery on …………………… by ...................... in the office of the Assistant Registrar/Deputy Registrar/Joint Registrar/Additional Registrar/Registrar, Entered in the register of registration proposals at Serial No ……………………… ………………………………………………………………………….. (Signature of the officer receiving the application) Footnote: * To be forwarded when any member of the society to be registered is itself a registered society ** To be forwarded when any member of the society to be registered is a firm, company or other corporate body, a society registered under the Societies Registration Act, 1860 or a public trust registered under any law for the time being in force relating to registration of public trusts. Acknowledgement Received Registration proposal No ……………………………… on ……………………………………………………for the registration of...................................................... Society from the Chief Promoter Shri …………………………………………………………… (Assistant Registrar/Deputy Registrar/ Joint Registrar/Additional Registrar/ Registrar) Place: Date: FORM – B See Rule No 4(1)1 Register of applications for registration received in the office of the Registrar/Additional/Joint/Deputy/Assistant Registrar FORM – C See Rule No.6 Form 'C' Report to Government To, The Secretary to Government. …………………………….. Department, Bombay Registration Proposal Subject: ………………….. Report regarding I have received a proposal for registration of .................................. society, village ...................... taluka.......................... District .......................on......................................... It may not be possible to dispose of this registration proposal within a period of six months as laid down under Section 9(i) of the Maharashtra Co-operative Societies Act, 1960 for the following reasons, that is to say:- The promoters have not given information called for from them within the specified time. The promoters have not been able to collect the share capital which is necessary for the successful working of the society. Details regarding immovable property proposed to be purchased/acquired/ transferred to the society are not given by the promoters. The concurrence of other departments regarding the feasibility of the scheme has not been received. The promoters have not been able to give detailed working of the scheme which they propose to implement. Any other reasons. In the circumstances, I would request that Government may please be moved to allow me to Submitted through the Joint/Additional Registrar/Registrar of Co-operative Societies for        onward transmission to Government. Note: The reasons for delay to be given in the body of the letter should be self-explanatory. Any other reasons, if any, for the delay in registering of the society should also be mentioned. Assistant/Deputy/Joint/Additional/ Registrar of Co-operative Societies. APPENDIX ‘1' [Under the Bye-Law No. 9] Specimen of Share Certificate 68 Share Certificate No.:______________ Member's Regn. No.______No. of shares____ SHARE CERTIFICATE (AUTHORISED SHARE CAPITAL OF RS._______DIVIDED INTO _________ SHARES OF RS. 50/- EACH) _______________________________________Co-op. Housing Society Ltd._________________ (Registered under the M. C. S. Act, 1960) Regn No. _______ Date _________ This is to certify that Shri / Smt. / M/s. _________________________________ _________________________________ Is the Registered Holder of ____________ fully paid up shares of Rs. FIFTY each numbered from ________to ___________ both inclusive, in ____________________ Co-Op. Hsg. Soc. Ltd.,_______________ Subject to the Bye-laws of the said society. Given under the Common Seal of the said Society at ______________________ this _______________ day of ______ 20 ____ Authorised Secretary Chairman M. C. Member Received the Share Certificate Receiver’s day of _________ 20 ____ Signature Share Certificate No.: ____ Member's Regn. No. ____ No. of shares ______ SHARE CERTIFICATE (AUTHORISED SHARE CAPITAL OF RS. ____ DIVIDED INTO _____ SHARES OF RS. 50/- EACH) _______________ CO-OPERATIVE HOUSING SOCIETY LTD. _______________________________________________________ (Registered under the Maharashtra Co-operative Societies Act, 1960) Registration No. _______________ Date ________________ This is to certify that Shri / Smt. / M/s. _____________________________ is the Registered Holder of _________ fully paid up shares of Rs. FIFTY each numbered from ____________ to ___________ both inclusive, in ________________________ CO-OPERATIVE HSG. SOCIETY LTD., _______________________subject to the Bye-lows of the said society. Given under the Common Seal of the said society on _____________________ this __________ day of ________ 20_____ Authorised Secretary Chairman M. C. Member P. T. O. Seal of the Society FORM – O [See Rule 73] Rectification report under Section 82/87 Date of Audit:   Period Covered Name and designation of person carrying............................................ Out audit, inquiry or inspection: FORM – S [See Rule 85(5)] Public Notice under Rule 93 Whereas Shri................................................... resident of................................ Has applied for loan for the purpose of (specify purpose).................................................... a purpose mentioned in Section 111 of the Maharashtra Co-operative Societies Act, 1960 from I the.................Land Development Bank Ltd ............... and has proposed to offer as a security for the loan the lands mentioned in the margin Lands in which improvement is proposed to be effected Lands proposed to be offered as security Notice is hereby given that objections, if any, to the grant of loan from all persons interested will be heard by the undersigned at................................. O'clock on 20................ at Any person wishing to submit any objection should appear in person at the abovementioned time and place before the undersigned together with any documents he wants to produce in support of his objections. It is hereby notified for the information of all persons interested that according to the provisions of Section 119 of the Maharashtra Co-operative Societies Act, 1960, a written order by the Land Development Bank or person or committees authorised under the by-laws of the Bank to make loans for all or any of the purposes specified in Section 111, granting either before or after the commencement of the said act, a loan to or with the consent of person mentioned therein, for the purpose of carrying out the work specified therein for the benefit of the land or for the productive purpose mentioned therein shall, for purposes of the said Act, be conclusive of the following matters, that is to say:- that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of Section 111; that the person had at the date of ;he order a right to make such improvement or incur expenditure for productive purpose, as the case may be; and That the improvement is one benefitting the land specified and productive purpose concerns the land offered in security, or any part thereof as may be relevant.If any persons interested fail to appear as stated as required by this notice, the questions at issue will be decided in their absence and such persons will have no claim whatsoever against the property for which the loan applied for will be sanctioned till such time as the loans together with interest thereon or any other dues arising out of the loan are paid in full by the loanee. Dated this ............ day of...............20 (Signed)...................Designation of Officer Copy forwarded with compliments to the Talathi or other corresponding officer..................................... village and the..................... Land Development Bank Ltd .............................. with a request to affix this notice at the village chavdi and head office and relevant branch office of the Bank immediately and inform the undersigned accordingly by............................................ FORM – R [See Rule 85(5)] Certificate for Transfer of Property under Section 100 In the case of immovable property: Whereas in execution of the award or order or awards or orders passed under Section 96 or an order or orders made by a Liquidator under Section 105 of the Maharashtra Co-operative Societies Act, 1960, in favour of the society, an order was made on the day of. 20, for sale of the undermentioned property of the person or persons (debtor or debtors); And whereas the Court/the Collector/the Registrar is satisfied that the said property cannot be sold for want of buyers: It is hereby ordered under Section 100 of the said Act that the right, title and interest of the debtor in the said property shall vest in the said society and shall be delivered to the society subject to the terms and conditions laid down in the Schedule hereto annexed. Description of the property The Schedule The said property is transferred to the society in full/partial satisfaction of the amount due to it from the debtor. Given under my hand and seal of the Court/Collector/Registrar this.................. day of............................................. 20 Court/Collector/Registrar of Co-operative Societies. In the case of moveable property: (The form shall be similar with necessary changes as regards the description and to be delivery of the FORM – Q [See Rule 82] Proclamation to be issued at the time of issue of a certificate under Section 98 In the case of immovable property: Whereas..................................................... (judgment-creditor) has obtained an award or awards under Section 96 or an order or orders of the Liquidator under Section 105 of the Maharashtra Co-operative Societies Act 1960, for an amount of Rs against...................................................... (Judgment-debtor) and proposes to execute the same by sale of the undermentioned property of the said judgment-debtor and whereas the said judgment-credit or has obtained a certificate dated or execution of the award/awards or the order/orders under Section 98 of the said Act. Notice is hereby given that any private transfer or delivery of, or encumbrance or charge on, the property made or created after the issue of the certificate shall be null and void against the said judgment-creditor under Section 99 of the Act aforesaid. Description of the property The notice shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the said notice shall be fixed on a conspicuous part of the property and upon a conspicuous part of the village chavdi and also where the property is land paying revenue to the State Government, in the office of the Collector of the District in which the land is situated. Place: Date: Registrar of Co-operative Societies ___________________________ Liquidator B. In the case of moveable property, a similar notice may be given with necessary changes as to the description of the property. A copy of the notice shall be delivered to the judgment-debtor. Download Word Document In English. (Rs.70/-)

  • APPENDIX “2”

    APPENDIX “2” [Under the bye-law no.17(b)] The form of application for membership of the Society by a nominee/ Heir, who is a minor, through his Guardian/Legal Representative. To The Secretary, ................................................... Co-op. Housing Society Ltd., ................................................... Sir, Shri/Shrimati/Messrs ............................................................................................. who was the member of the .................................................................. Cooperative Housing Society Ltd., having address at ................................................ holding 10 shares of Rs. Fifty each and the Flat no. ....................... died on.............. His/Her death certificate is enclosed. He/She had nominated Shri/Shrimati. ...............................................who is a minor/He had not made nomination. His/Her heir Shri/Shrimati........................................................... is a minor. I, Shri/Shrimati......................................... being his/her natural guardian/ guardian appointed by the deceased member/ legal representative hereby make an application on behalf of the said minor for membership of the .................................. Co-operative Housing Society Ltd., having address at............................................ and for transfer of shares and interest of the deceased member in the capital/ property of the Society to me on behalf of the minor nominee/ heir as provided under Rule 20 of the Maharashtra Co-operative Societies Rules,1961. The share certificate held by the deceased member is enclosed. An entrance fee of Rs.100 is sent herewith. The particulars of the plot/Flat/house in the area of operation of the Society owned by the minor nominee heir or any of the members of the minor's family or the person dependent on the minor are given below: Sr.No Name of the Particulars regarding Place where minor nominee Plot/Flat/house owned by Plot/Flat/house or heir of his/her the minor nominee/ situated family member heir or any of the memor the person bers or the of the minor's dependent family or the person on the minor. dependent on the minor 1 2 3 4 70 My particulars for the purpose of consideration of this application are as under: Age : ....................................................... Occupation : ....................................................... Office Address : ....................................................... Monthly Income : Rs.................................................. I undertake to discharge all the present and future liabilities to the Society on behalf of the minor I hearby declare that there is not plot/flat/ house in the area of operation of the society, of the ownership of said minor person or his family member dependent on him. As I have no independent source of income, I enclose herewith the undertaking in the prescribed form, from the person on whom I am dependent in the prescribed from, to the effect that he will discharge all the present and future liabilities to Society on my behalf. I enclose the undertaking in the prescribed form (Appendix -3) to use the Flat on behalf of the minor for the purpose for which it was held acquired by the deceased member and that any change of user will be made with the prior approval of the Society. I enclose herewith an undertaking in prescribed form regarding sale of plot/flat/house of the minor person or his family member of the person dependent on on the minor person. I also enclose herewith the undertaking in the prescribed form on behalf of the minor about registration of the transfer of the Flat to the minor's name through me under section 269 AB of the Income-tax Act. (Appendix -26). I have gone through the registered bye-laws of the Society and undertake to abide by the same with any modification the registering Authority may make in them. I undertake to discharge all outstanding liabilities against the deceased member and also pay the charges of the Society in future on behalf of the minor. I also hereby undertake to convey the property on the “attainment of age of majority” by the minor on whose behalf I am holding membrship. I also declare that I shall be ceased to hold the membership on behalf of the said minor, as soon as he attains age of majority. I declare that I will take all actions as a member of the Society on behalf of the minor in his/her interest only. On behalf of the minor, I request you to admit me as a member of the Society. Yours faithfully, Place: Date: (Nominee-Heir who is a minor) (Through his guardian/legal representative) Note : The undertaking about registration of the transfer of the Flat is not necessary where the minor is related to the deceased member within the meaning of section 2(41) of the income-tax Act *Strike out whichever is not applicable. Download Word Document In English. (Rs.15/-)

  • CO-OPERATIVE APPEAL AGAINST REGISTRAR ORDER

    CO-OPERATIVE APPEAL AGAINST REGISTRAR ORDER …………………………………….……………………………….. Appeal No. : ______ of 20…… ……………………………………………………………………………….Appellant Versus …………………………………………………………………………….Respondents Appeal under Section …………………………………………………. against the order passed by the Ld. Registrar of Societies in case No. _______ dated _______, whereby he has __________________ ……………………………………………... Appellant _________________________ Through, Advocate Respectfully …………………………: 1. That briefly stated the facts of the case are that ________ _____________ GROUNDS 2. That the appellant is invoking the jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of others:- BEFORE THE ………………………………………………………….. Appeal No. : ______ of 20….. ………………………………………………………………………..Appellant Versus …………..…………………………………………………………….Respondents Appeal under Section …………………………………………………………. against the order passed by the Ld. Registrar of Societies in case No. _______ dated _______, whereby he has _______ ……………………………………. Appellant ____________________ Through, Advocate Respectfully ……………………: 1. That briefly stated the facts of the case are that ________ GROUNDS 2. That the appellant is invoking the jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of others :(a) That the Ld. Registrar has mis-appreciated the evidence on record and mis-applied the provisions of law. (b) That _____ (c) That a breach of the rules of natural justice has occurred in connection with the making of the decision by the Ld. Registrar below. (d) That procedure that was required to be observed in connection with the making of the decision was not observed. (e) That the Ld. Registrar did not have jurisdiction to make the decision. (f) That the decision was not authorized by the enactment in pursuance of which it was purported to be made. (g) That the making of decision was on improper exercise of the powers conferred by the enactment in pursuance of which it was purported to be made. (h) That decision incurred an error of law whether or not the error appears on the record of decision. (i) That the decision was induced or affected by fraud; (j) That there was no evidence or other material to justify the making of the decision. (k) That the decision was otherwise contrary to law. (l) That the decision was made by taking an irrelevant consideration into account in the exercise of power. (m) That the Ld. Registrar below has failed to take relevant consideration into account in the exercise of a power. (n) That an exercise of powers for a purpose other than a purpose for which the powers is conferred. (o) That the impugned decision is made in exercise of discretionary powers in bad faith. (p) That the impugned decision is a result of an exercise of a personal discretionary powers at the discretion or behest of another person. (q) That the impugned decision is a result of an exercise of a discretionary powers not in accordance with a rule or policy and without regard to the merits of the present case. (r) That the impugned decision has been rendered by an exercise of powers which is unreasonable that no reasonable person could have so exercised the powers. (s) That the impugned decision has been made in an exercise of a power in such a way that the result of the exercise of the powers is uncertain. (t) any other exercise of a power in a way that abuse of powers. (u) the person who made the decision was required by law to reach that decision only if a particular matter was established and there was no evidence or other material [including facts of which he was entitled to take notice] from which he could reasonably be satisfied that the matter was established or (v) the person who made the decision based on the existence of particular fact and that fact did not exist. (w) That the order of the Hon'ble Ld. Registrar below is against the well-settled principles of law laid down by the Hon'ble Apex court and this Hon'ble Court in catena of cases. 3. That the appeal has been filed within the period of limitation after deducting the time taken for issuance of copy of the impugned order. 4. That the appellant, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :- (a) Quash the impugned order ; (b) Direct the respondents ; (c) Call for the record from the Hon'ble Ld. Registrar below for perusal by this Hon'ble court and setting aside the impugned order of the Hon'ble Ld. Registrar below ; (d) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court; (e) Allow the cost of this writ petition to the appellant, and; (f) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the appellant and justice be done. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPELLANT AS IN DUTY BOUND, SHALL EVER PRAY …………………………….. Applicant ________________ Through, Advocate BEFORE THE …………………………………………………. Application No.: ______ of 20… in Appeal No. ______ of 20…. ……………………………………………………………Appellant/Applicant Versus ………..…………………………………………………Respondents/Non-applicant Application under Section ……………………………………………….. praying for the interim directions __________________________ ………………………………………………………………………………………………………. Applicant _______________________________________________________ Through, Advocate Respectfully …………… 1. That the appellant/applicant has filed the above mentioned appeal in this Hon'ble court hearing whereof will take some time. 2. That it is amply evident from the grounds of appeal and the documents attached therewith that the appellant/applicant has got a prima facie very good case in his favour and the appeal is likely to succeed in all eventuality. The grounds of appeal may kindly be read as part of this application to avoid repetition. The balance of convenience is also in favour of the appellant/applicant in passing the interim order. 3. That the interest of justice demands that the interim order to the effect that ______ are passed in favour of the applicant/appellant. No harm or prejudice will be cause to the respondents. On the contrary, if the interim orders as prayed for are not passed in favour of the appellant/applicant, the appellant/applicant will suffer irreparable loss and injury which cannot be compensated in terms of money. 4. It is therefore, most respectfully prayed that this application may kindly be allowed and the interim order to the effect that ______ may kindly be passed in the interest of justice. Such other orders as deemed fit and proper in the facts and circumstances of the case may also kindly be passed in favourof the appellant/applicant. …………………………. Applicant ______________ Through, Advocate BEFORE THE …………………………………………………… Application No.:______ of 20…. in Appeal No.:______ of 20….. ……………………………………………………………….Appellant/Applicant Versus ……….………………………………………………………Respondents/Non-applicant Affidavit in support of application I,___________________________, do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge and belief. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed here at ………………………… this the ______ Deponent BEFORE THE……………………………………………………………………… Appeal No. : ______ of 20……. ……………………………………………………………..Appellant/Applicant Versus ……..……………………………………………………….Respondents/Non-applicant INDEX S. No. Annx Particular Page Nos. (1) Appeal 1___________ (2) A-1 ___ (3) A-2  ___(4) A-3  ____(5) Application for stay_______  (6) Affidavit _______________ (7) Power of Attorney _________ ……………………….. Applicant _______________ Through, Advocate 3. That the appeal has been filed within the period of limitation after deducting the time taken for issuance of copy of the impugned order. 4. That the appellant, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :- (a) Quash the impugned order ; (b) Direct the respondents ; (c) Call for the record from the Hon'ble Ld. Registrar below for perusal by this Hon'ble court and setting aside the impugned order of the Hon'ble Ld. Registrar below __; (d) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court; (e) Allow the cost of this writ petition to the appellant, and; (f) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the appellant and justice be done. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPELLANT AS IN DUTY BOUND, SHALL EVER PRAY …………………………… Applicant ________________ Through, Advocate BEFORE THE ……………………………………………………………. Application No.: ______ of 20……….. in Appeal No. ______ of 20…… Appellant/Applicant Versus Respondents/Non-applicant Application under Section ………………………………………………… praying for the interim directions ________ …………………….. Applicant ____________ Through, Advocate Respectfully ……………. 1. That the appellant/applicant has filed the above mentioned appeal in this Hon'ble court hearing whereof will take some time. 2. That it is amply evident from the grounds of appeal and the documents attached therewith that the appellant/applicant has got a prima facie very good case in his favour and the appeal is likely to succeed in all eventuality. The grounds of appeal may kindly be read as part of this application to avoid repetition. The balance of convenience is also in favour of the appellant/applicant in passing the interim order. 3. That the interest of justice demands that the interim order to the effect that ______ are passed in favour of the applicant/appellant. No harm or prejudice will be cause to the respondents. On the contrary, if the interim orders as prayed for are not passed in favour of the appellant/applicant, the appellant/applicant will suffer irreparable loss and injury which cannot be compensated in terms of money. 4. It is therefore, most respectfully prayed that this application may kindly be allowed and the interim order to the effect that ______ may kindly be passed in the interest of justice. Such other orders as deemed fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the appellant/applicant. …………………………. Applicant _______________ Through, Advocate BEFORE THE …………………………………………………….. Application No.:______ of 20….. in Appeal No.:______ of 20……….. ……………………………………………………………..Appellant/Applicant Versus ……….…………………………………………………….Respondents/Non-applicant Affidavit in support of application I,______________________, do hereby solemnly affirm and declare as under:- 1. That the accompanying application has been prepared under my instructions. 2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge and belief. 3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. Affirmed here at ……………………… this the ______ Deponent BEFORE THE …………………………………………… Appeal No. : ______ of 20…. …………………………………………………………Appellant/Applicant Versus ……………………………………………………..Respondents/Non-applicant INDEX S. No. Annx Particular Page Nos. (1) Appeal 1-__ (2) A-1 (3) A-2 (4) A-3 (5) Application for stay __ (6) Affidavit __ (7) Power of Attorney __ …………………………………. Applicant ______ Through, Advocate Download Word Document In English. (Rs.70/-)

  • CONSTRUCTION AGREEMENT- CO-OPERATIVE SOCIETY AND BUILDER

    CONSTRUCTION AGREEMENT- CO-OPERATIVE SOCIETY AND BUILDER This Agreement made this …………day between …………….................a partnership firm trading at ..............................(after it referred to as the builder including its present and future partners, their successors, executors, administrators and assigns) of the One Part and Mr. …………………………. resident and owner of ................................. (after it referred to as the chief promoter including his heirs and assigns) of the Other Part. Whereas builder is a partnership firm doing construction of buildings. And whereas the said Mr. …………………………………..… being chief promoter of …. Cooperative Housing Society Limited, as registered under the …………………………………………… Act …………….. containing the proposed buyers of flats of the building to be built on the plot at ........................................................ (after it referred to as said society). And whereas members of said society wants of entrusting the work of building and erection thereof on plot ............................. on consented terms/conditions. Now this Agreement witnesses and the parties consent as below: 1. The builder wants to buy the plot of land at .............................. measuring 6 cottahs and after it to assign it favouring the Society. 2. The society accepting Certificate of title given to builder by Mr………………………………. …. Advocate effecting that title of property being marketable, free from all encumbrances and reasoned doubts and no requisitions/objection made by society concerning title. 3. The chief promoter shall get registration ………………………………………………………. Act …………..…. 4. Chief promoter on its registration will apply for monetary help per loan to ……………………………………………………………….. (after it referred to as 'Federation') for minimum ………. of approximate cost of land with construction cost of building. 5. said Federation is being Negotiated and it is hoped that …………..minimum of total finance needed by society will be allowed per loan by said Federation by mortgaging the land with depositing title deeds. 6. The copies of plan, specifications, list of facilities/drawings relating the building to be built on the plot prepared by Mr........................................................Architect has been presented to the builder and the Builder has inspected all documents compulsory for constructing multi-storeyed building. The builder while given to Society two sets of plans, specifications, list of facilities/drawings and one set whereof is returned signed by the chief promoter. The builder shall present to the …………………………………… Municipal Corporation required plans for being sanctioned. 7. The builder will buy the land measuring ………………..…………… and the builder shall build for society according to sanctioned or approved plans, specification, amenities and drawings a …………………………… building with parking space on the said plot of land. 8. The society will pay to builder for land and for building Rs…………………………. The price including laying of drainage/water connections to Municipal mains and electric connections to the ………………….. mains and the given amenities. 9. The price will be payable to builder per installments as below: (a) Rs. 18 lakhs at once on executing agreement and convincing said society that transfer of said plot of land favouring Builder's will be executed: (b) A subsequent sum of Rs. ………………….…………. will be paid to Builder on or prior or beginning of building work by builder whichever is earlier; (c) A subsequent sum of Rs. ……………………..will be paid to Builder on or before …..day ……..; (d) Subsequent sum of Rs. …………………… (which amount when paid will be 50% of the total price of land, building and garage spaces to be built by builder) will be paid to the Builders on or prior …..; (e) In addition to sum detailed in sub-clauses (a), (b), (c) and (d) above, all sums/advances as received by society from time being from Federation under arrangement with them will be paid to builder on its received; (f) The remaining price shall be paid to builder on completion of building getting completion certificate with occupation certificate. 10.   (a) defaulting payment of each two of payments referred to in clause 9 above, the builder will bear right to forfeit the sums already paid and the agreement will be terminated and the chief promoter or the society shall have nil claim against the builder for specific performance or indemnification or for damages or otherwise; (b) If by a year hereof the society is enable entering into Agreement with T.N. Co-operative Housing Federation Ltd. for getting loans per advance of 75% of approximate cost of with building cost to be paid periodically against building work as it proceeds then despite anything herein contained this Agreement shall stand terminated and no claim for specific performance, damages, indemnification or otherwise on either side would lie and the builder shall return to the chief promoter and society the sums already received after deducting all costs and expenses incurred within three months. 11. On receiving Rs- .. per specified installments the builder will execute favouring society a conveyance of plot of land for Rs. 78 lakhs. All costs/incidentals to conveyance including stamp duty and registration charges will be borne society. The society will not object and make no requisitions concerning the builder's title thereto. The builder will declare them selves not creating any encumbrance on land and charge favouring of ……………………………………………………………….. on the land will a first charge and Builder's right over land will be subject to any such first mortgage favouring the said Federation. Despite the Builder's right in keeping possession of building to be built until the full amount and all other moneys due to builder are paid all the Builder's lawful rights under this Agreement and at law against the Society would remain unimpaired. 12. If any alterations are made in plans by ……………………………….. Municipal Corporation/other authority the society shall accept the same. The builder will not make any future charge on society in accepting such modifications. All outgoings of all types payable to Coimbatore Municipal Corporation or any other authority from day of conveyance of land favouring society will be paid and borne by society and accepting the Builder's invoices or bills/vouchers and pay the same at once on presentation, 13. The society shall select Clerk of Works for supervising construction work. Difference of opinion concerning matter emerging regarding construction work between such clerk-of-works and Builder will be decided in accordance with the directions of the said Architect whose decision shall be final and conclusive and binding on the parties. 14. The plans, drawings and specifications shall be and remain the Builder's property until the completion of conveyance favouring society. If any difference emerges between specifications and plans or drawings, the specifications shall dominate and considered correct and binding despite the drawings. The builder hereby consents/undertakes that it shall remove all surplus material, plant and rubbish from the premises prior delivering possession of Building and at the Builder's own cost. The builder shall clean whole site of all materials and level the compound in good order cemented and/or tiled and usable. The builder will lay the lawns and flower beds and get the pathway in compound as shown in plans concreted prior delivering possession. All plant, equipment and materials brought on the premises by the builder shall be removed at once on completing building work. 15. The builder hereby consents/binds itself and its agents that it shall obey the enactments of all Acts, rules/regulations and bye-laws for time to time enforceable and shall and will give all compulsory notices to get sanction of local authorities relating construction work and will obey building and other regulations of such authority. For any such purposes, the Society's agreement or authority if needed will be promptly given. 16. The Builder hereby undertakes that it will not without the agreement of Society transfer or sub-let the building work or any portion thereof to any person excepting labour, planning, drainage, water supply and electric installations. 17. On any accident or extra work to be done or change made or Force Major, Acts of Gods, Civil Commotion, disturbance, conflict of any kind or non-avail ability of materials such as cement, steel, etc. the Builder will bear right for an increase of time proportionately to delay made enabling Builder completing constructions. If opinion differ for increasing time, Architect will calculate time of delay and increase of time for completing construction. 18. The Builder during period of construction retain all its labour/supervisory staff duly insured against all risks for workmen's compensation. 19. The Society will pay directly to …………………………Municipal Corporation any amount payable towards consumption of water by Society after building is occupied and pay the……………………for consumption of power. 20. The Society/its Architect will inspect the building to be built by Builder from time to time during the time of construction and after receiving notice of completion. Any requisition/objection relating building work and/or if it has been done according with this Agreement shall be intimated to Builder by …………….days of receipt of notice of completion and/or inspection whichever is later. If no requisition made or objection taken by said period of ……..days, right of requisitioning or objecting will cease and ail objections shall be considered to have been waived. Nothing herein contained shall give right to society in delaying or deferring payments to Builder of remaining moneys due to the builder and the same shall be paid on the due dates therefor. 21. The society on it is registered unde…………………………………………………….ratify this Agreement and if so needed by builder will at its own cost execute proper documents to confirm and comply terms /conditions and other specification herein contained according to law. 22. All controversies, differences emerging during this Agreement or after it between or among Builder, the society, the chief promoter/Chief Promoter's agent touching or concerning the Agreement between builder and chief promoter and/or the society or the construction or application thereof or any clause or thing in this agreement contained or as to any act, deed or omission of any party in any way concerning to this Agreement or the rights, duties or responsibilities of any party under this Agreement shall be decided through the arbitration under the Arbitration and Conciliation Act 1996 and if any controversies emerges after the registration of the said society, such controversies shall be referred to Registrar of …………………………………………………………………………………………………………………………………………... The First Schedule Gr. Floor 1st Floor 2nd Floor 3rd Floor 4th Floor The Second Schedule Payment of amounts on following dates: On signing of Agreement Rs....... ....................................Rs. .....................................Rs. ....................................Rs. Amounts to be received from Housing Federation Ltd. Rs. In witness whereof the parties hereto have executed these presents on the day, month and year first hereinabove written. Signed, sealed and delivered by Mr. ………………………..................pursuant to Board Resolution of Builders Limited dated .............in the presence of: Signature 1. .................... 2....................... Signed Signature 1. .................... 2....................... Download Word Document In English. (Rs.45/-)

  • PROXY UNDER SOCIETIES REGISTRATION ACT

    I, ………………………………………. ________, of ________. being a member of this _________________________Society and entitled to vote do hereby appoint ……………………………………………..of________________________ to be my proxy to vote for me and on my behalf at the (ordinary or extraordinary, as the case may be) general meeting of the Society to be held on the ________day of ________and at any adjourned meeting thereof. In witness whereof I have set my hand hereunto this ________day of________, 20_______ Signature Stamp Download Word Document In English. (Rs.5/-)

  • shri

    Download Word Document In English. (Rs.5/-) Download Word Document In English. (Rs.10/-) Download Word Document In English. (Rs.15/-) Download Word Document In English. (Rs.20/) Download PDF Document In Marathi. (Rs.5/-) Download PDF Document In Marathi. (Rs.10/-) Download PDF Document In Marathi. (Rs.15/-) Download PDF Document In Marathi. (Rs.20/-)

  • Federal Republic of Germany Double Taxation Avoidance Agreement

    Download Word Document In English. (Rs.70/-) Federal Republic of Germany CONVENTION FOR AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES OF INCOME AND CAPITAL WITH FEDERAL REPUBLIC OF GERMANY Whereas the annexed Agreement for the avoidance of double taxation of income between the Government of India and the Government of the Federal Republic of Germany has been ratified and the instruments of ratification exchanged as required by Article XX of the said Agreement; Now, therefore, in exercise of the powers conferred by section 49A of the Indian Income-tax Act, 1922 (11 of 1922), the Central Government hereby directs that all the provisions of the said Agreement shall be given effect to in the Union of India. Notification: No. GSR 1090, dated 13th September, 1960. TEXT OF AGREEMENT DATED 18TH MARCH, 1959 REFERRED TO ABOVE Whereas the Government of India and the Government of the Federal Republic of Germany desire to conclude an agreement for the avoidance of double taxation of income Now, therefore, it is hereby agreed as follows: ARTICLE 1 1.     The taxes which are the subject of the present Agreement are: a.     in the Federal Republic of Germany: i.        the income-tax (Eimkommensteuer), ii.        the corporation tax (Koerperschaftsteuer), iii.        the capital tax (Venmoegensteuer), and iv.        the trade tax (Gewerbesteuer); (hereinafter referred to as " German tax "); b.    in India- i.          the income-tax including any surcharge thereon, ii.          the surtax, and iii.          the wealth-tax, (hereinafter referred to as " Indian tax "). 2.     The present Agreement shall also apply to any other taxes of a substantially similar character imposed in India or the Federal Republic of Germany subsequent to the date of signature of the present Agreement. ARTICLE IA 1.     For the purposes of this Agreement, the term " resident of a Contracting State " means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature. 2.     Where by reason of the provisions of paragraph (1) an individual is a resident of both Contracting States, then his status shall be determined as follows: a.     he shall be deemed to be a resident of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident of the State with which his personal and economic relations are closer (centre of vital interests); b.    if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident of the State in which he has an habitual abode; c.     if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the State of which he is a national; d.    if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3.     Where by reason of the provisions of paragraph (1) a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated. ARTICLE II 1.     In the present Agreement, unless the context otherwise requires: a.     the term " Federal Republic " means the Federal Republic of Germany, and when used in a geographical sense, the area in which the tax law of the Federal Republic of Germany is in force; b.    the term " India " means the Republic of India, and when used in a geographical sense, the area in which the tax law of the Republic of India is in force; c.     the terms " a Contracting State " and " the other Contracting State " mean the Federal Republic of India, as the context requires; d.    the term " person " includes naturally persons, companies and all other entities which are treated as taxable units under the tax laws in force in the respective territories; e.     the term " company " means any entity which is treated as a body corporate or as a company for tax purposes; f.     the term " tax " means German tax or Indian tax, as the context requires g.    the terms " Federal Republic enterprise " and " Indian enterprise " mean, respectively, an industrial or commercial enterprise or undertaking carried on by a resident of the Federal Republic, and an industrial or commercial enterprise or undertaking carried on by a resident of India; and the terms " enterprise of one of the territories " and " enterprise of the other territory " mean a Federal Republic enterprise or an Indian enterprise, as the context requires; h. aa.  the term " permanent establishment " means a fixed place of business through which the business of an enterprise is wholly or partly carried on. bb.  the term " permanent establishment " includes especially-- i.        a place of management; ii.        a branch; iii.        an office; iv.        a factory; v.        a workshop; vi.        a sales outlet; vii.        a warehouse; and viii.        a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. cc.  a building site or construction or installation project constitutes a permanent establishment only if it lasts more than six months. dd.  notwithstanding the preceding provisions of this Article, the term " permanent establishment " shall be deemed not to include-- i.        the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the enterprise; ii.        the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage or display; iii.        the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; iv.        the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; v.        the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; vi.        the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (i) to (v) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. ee.  a person acting in a Contracting State on behalf of an enterprise of the other Contracting State, other than an agent of an independent status to whom sub-paragraph ff.    applies, shall be deemed to be a permanent establishment of that enterprise in the first-mentioned Contracting State-- i.          if he has, and habitually exercises in that Contracting State, an authority to conclude contracts in the name of the enterprise, unless his activities are limited to the purchase of goods or merchandise for the enterprise; or ii.          if he habitually maintains in the first-mentioned Contracting State a stock of goods or merchandise belonging to the enterprise from which he regularly delivers goods or merchandise for or on behalf of the enterprise; or iii.          if he habitually secures orders in the first-mentioned Contracting State exclusively, or almost exclusively, for the enterprise itself, or for the enterprise and other enterprises which are controlled by it or have a controlling interest in it. gg.  an enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. hh.  the fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other; i.      the term " pension " means periodic payments made in consideration of services rendered or by way of compensation for injuries received; j.      the term " annuity " means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time; k.     the term " competent authority " means in the case of India the Central Government in the Ministry of Finance, Department of Revenue, and in the case of the Federal Republic of Germany, the Federal Minister of Finance. l.        the term " fiscal year " means-- i.    in relation to Indian tax, the previous year as defined in the Income-tax Act, 1961; ii.    in relation to German tax, the calendar year. 2.       In the application of the provisions of this Agreement in one of the Contracting States any term not otherwise defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the laws in force in that Contracting State relating to the taxes which are the subject of this Agreement. ARTICLE III 1.     The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2.     Subject to the provisions of paragraph (3), where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3.     In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the business of the permanent establishment including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere, and according to the domestic law of the Contracting State in which the permanent establishment is situated. 4.     Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph (2) shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5.     No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6.     For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 7.     Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE IV Where a resident of a Contracting State carries on business with a resident of the other Contracting State and it appears to the taxation authorities of the first-mentioned Contracting State that owing to the close connection between such persons the course of business is so arranged that the business done produces to the resident of the first-mentioned Contracting State either no profits or less than ordinary profits which might be expected to arise in that business, tax shall be leviable in the former 2 Contracting State on such profits as may reasonably be deemed to have arisen therefrom. ARTICLE V 1.       Income derived from the operation of aircraft by an enterprise of one of the Contracting State shall not be taxed in the other Contracting State unless the aircraft is operated wholly or mainly between places within that other Contracting State. 2.       Paragraph (1) shall likewise apply in respect of participations in pools of any kind by enterprises engaged in air transport. ARTICLE VI 1.     Profits derived from the operation of ships in international traffic shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. 2.     Notwithstanding the provisions of paragraph (1), such profits may be taxed in the other Contracting State from which they are derived provided that the tax so charged shall not exceed: a.     during the first five fiscal years after the entry into force of the Protocol signed on June 28, 1984, 50 per cent, and b.    during the subsequent five fiscal years, 25 per cent, of the tax otherwise imposed by the internal law of that State. Subsequently, only the provisions of paragraph (1) shall be applicable. 3.     The provisions of paragraphs (1) and (2) shall also apply to profits from the participation in a pool, a joint business or an international operating agency. 4.     Paragraphs (1) and (2) shall not apply to profits arising as a result of coastal traffic. The term " coastal traffic " means traffic which originates and terminates in the territorial waters of the same Contracting State. ARTICLE VII 1.     Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2.     However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the laws of that State. But if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: a.     in the case of the Federal Republic, 15 per cent of the gross amount of the dividends. b.    in the case of India, where the dividends relate in whole or in part to a new contribution, 15 per cent of the gross amount of the dividends attributable to the new contribution. In this Article, the term " new contribution " means any share capital, other than bonus shares, issued after the date of entry into force of the Protocol signed on June 28, 1984 by a company which is a resident of India, and beneficially owned by a resident of the Federal Republic. 3.     The term " dividends " as used in this Article means income from shares, mining shares, founders' shares, or other rights, not being debt claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident, and income derived by a sleeping partner from his participation as such and distributions on certificates of an investment trust. 4.     The provisions of paragraphs (1) and (2) shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment. In such case, the provisions of Article III shall apply. 5.     Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, but other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or in so far as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment situated in that other State, nor subject the company's undistributed profits to a tax on the company's undistributed profits even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. ARTICLE VIll 1.     Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2.     However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State. But the tax so charged on interest payable in respect of a loan given or debt created after the date of entry into force of the Protocol signed on 28th June, 1984 shall not exceed: a.     10 per cent of the gross amount, if such interest is paid on any loan of whatever kind granted by a bank; and b.    15 per cent of the gross amount in all other cases. 3.     Notwithstanding the provisions of paragraph (2): a.     interest arising in the Federal Republic and paid to the Indian Government or the Reserve Bank of India shall be exempt from German tax; b.    interest arising in India and paid to the Government of the Federal Republic of Germany, the Deutsche Budesbank, the Kreditanstalt fur Wiederaufbau or the Deutsche Gesellschaft fur wirtschaftliche Zusammenarbeit (Entwicklungsgesellschaft) shall be exempt from Indian tax. 4.     The term " interest " as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. 5.     Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a Land, a political sub-division, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State, a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the State in which the permanent establishment is situated. 6.     The provisions of paragraphs (1) and (2) shall not apply if the beneficial owner of the interest, being a resident of a Contracting State carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case, the provisions of Article III shall apply. ARTICLE VIIIA 1.     Royalties and fees for technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2.     However, such royalties and fees for technical services may also be taxed in the Contracting State in which they arise, and according to the laws of that State. But insofar as the fees for technical services are concerned, the tax so charged shall not exceed 20 per cent of the gross amount of such fees. 3.     The term " royalties " as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films or films or tapes used for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4.     The term " fees for technical services " as used in this Article means payments of any kind to any person, other than payments to an employee of the person making the payments, in consideration for services of a managerial, technical or consultancy nature, including the provision of services of technical or other personnel. 5.     The provisions of paragraphs (1) and (2) of this Article shall not apply if the beneficial owner of the royalties or fees for technical services, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties or fees for technical services arise through a permanent establishment situated therein, and the right, property or contract in respect of which the royalties or fees or technical services are paid is effectively connected with such permanent establishment. In such case, the provisions of Article III shall apply. 6.     Royalties and fees for technical services shall be deemed to arise in a Contracting State where the payer is that State itself, a land, a political sub-division, a local authority or a resident of that State. Where, however, the person paying the royalties or fees for technical services, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the obligation to make the payments was incurred and the payments are home by that permanent establishment, then the royalties or fees for technical services shall be deemed to arise in the Contracting State in which the permanent establishment is situated. 7.     Where, owing to a special relationship between the payer and some other person, the amount of the royalties or fees for technical services paid exceeds for whatever reason the amount which would have been paid in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Agreement. ARTICLE IX Income from immovable property may be taxed in the Contracting State in which the property is situated. For this purpose any rent or royalty or other income derived from the operation of a mine, quarry, or any other extraction of natural resources shall be regarded as income from immovable property. ARTICLE X 1.     Capital gains arising from the sale, exchange or tansfer of a capital asset whether movable or immovable, may be taxed in the Contracting State in which the capital asset is situated at the time of such sale, exchange or transfer. For this purpose, the situs of the shares of a company shall be deemed to be in the Contracting State where the company is incorporated. 2.     However, gains from the alienation of ships or aircraft operating in international traffic and movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. ARTICLE XI 1.     Remuneration, including pensions and annuities, paid out of public funds of India in respect of present or past services shall not be taxed in the Federal Republic unless the payment is made to the citizen of the Federal Republic. 2.     Remuneration, including pensions and annuities, paid out of public funds of the Federal Republic or its Leander or political sub-divisions thereof in respect of present or past services shall not be taxed in India unless the payment is made to a citizen of India. 3.     The provisions of paragraphs (1) and (2) of this Article shall not apply to payments in respect of services in connection with any trade or business carried on by either of the Contracting Parties or political sub-divisions thereof for purposes of profit. 4.     The provisions of paragraphs (1) and (2) of this Article shall also apply to remuneration, including pensions and annuities, paid by the Federal Bank, the Federal Railways and the Postal Administration of the Federal Republic and the corresponding organisations of India. ARTICLE XII 1.     Profits or remuneration from professional services (including services as a director) or from services as an employee derived by an individual who is a resident of one of the territories may be taxed in the other territory only if such services are rendered in that other territory. 2.     An individual who is a resident of India shall not be taxed in the Federal Republic on profits or remuneration referred to in paragraph (1), if-- a.     he is temporarily present in the Federal Republic for period or a periods not exceeding in the aggregate 183 days during a taxable year, b.    the services are rendered for or on behalf of a resident of India, c.     the profits or remuneration are subject to Indian tax, and d.    the profits or remuneration are not deducted in computing the profits of an enterprise chargeable to German tax. 3.     An individual who is a resident of the German shall not be taxed in India on the profits or remuneration referred to in paragraph (1), if-- a.     he is temporarily present in India for a period or periods not exceeding in the aggregate 183 days during a relevant " previous year ", b.    the services are rendered for or on behalf of a resident of the Federal Republic, c.     the profits or remuneration are subject to German tax, and d.    the profits or remuneration are not deducted in computing the profits of an enterprise chargeable to Indian tax. 4.     Where an individual permanently or predominantly renders services on ships or aircraft operated by an enterprise of one of the Contracting States such services shall be deemed to be rendered in that Contracting State. ARTICLE XIII Any pension or annuity (other than pension or annuities to which Article XI applies) derived by a resident of one of the Contracting States from sources in the other Contracting State may be taxed in that other Contracting State. ARTICLE XIV A professor or teacher from one of the Contracting States, who receives remuneration for teaching during a period of temporary residence not exceeding two years, at a university, college, school or other educational institution in the other Contracting State shall not be taxed in that other Contracting State in respect of that remuneration. ARTICLE XV 1.     An individual from one of the Contracting States who is temporarily present in the other territory solely- a.     as a student at a recognized university, college or school in such other territory, b.    as a business apprentice (including in the Federal Republic a Volontar or a Praktikant), or c.     as the recipient of a grant, allowance or award for the primary purpose of study or research from a religious, charitable, scientific or educational organisation, shall not be taxed in the other Contracting State in respect of remittances from abroad for the purposes of his maintenance, education or training, in respect of a scholarship, and in respect of any amount representing remuneration for an employment in that other Contracting State. 2.     An individual from one of the Contracting States who is temporarily present in the other Contracting States for a period not exceeding one year, as an employee of or under contract with, an enterprise of the former Contracting State or an organisation referred to in paragraph (1) sub-paragraph (c) above, solely to acquire technical, professional or business experience from a person other than such enterprise or organisation, shall not be taxed in that other Contracting State on remuneration for such period, unless the amount thereof exceeds 15,000 DM or its equivalent in Indian currency. 3.     An individual from one of the Contracting States temporarily present in the other territory under arrangements with the Government of that other Contracting State solely for the purpose of training, research or study shall not be taxed in that other Contracting State on remuneration received in respect of such training, research or study, unless the amount thereof exceeds 25,000 DM or its equivalent in Indian Currency. ARTICLE XVA 1.     Capital represented by immovable property referred to in Article IX, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State. 2.     Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, may be taxed in that other State. 3.     Capital represented by ships and aircraft operated in international traffic and by movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. 4.     Capital represented by shares in a company shall be taxable in the Contracting State in which such company is resident. 5.     All other elements of capital of a resident of a Contracting State shall be taxable only in that State. ARTICLE XVI 1.     The laws in force in either of the Contracting States will continue to govern the assessment and taxation of income in the respective Contracting States except where express provision to the contrary is made in this Agreement. 2.     Where a resident of India derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in the Federal Republic, India shall allow as a deduction from the tax on the income of that resident an amount equal to the income-tax paid in the Federal Republic, whether directly or by deduction; and as a deduction from the tax on the capital of that resident an amount equal to the capital tax paid in the Federal Republic. Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax (as computed before the deduction is given) which is attributable, as the case may be, to the income or the capital which may be taxed in the Federal Republic. Further, where such resident is a company by which surtax is payable in India, the deduction in respect of income-tax paid in the Federal Republic shall be allowed in the first instance from income-tax payable by the company in India and as to the balance, if any, from surtax payable by it in India. 3.     Subject to the provisions of paragraph (1) above, tax shall be determined in the case of a resident of the Federal Republic as follows: a.     Unless the provisions of sub-paragraph (b) apply, there shall be excluded from the basis upon which German tax is imposed any item of income arising in India and any item of capital situated within India, which, according to this Agreement, may be taxed in India. The Federal Republic, however, retains the right to take into account in the determination of its rate of tax the items of income and capital so excluded. In the case of income from dividends the foregoing provisions shall apply only to such dividends as are paid to a company (not including partnerships) being a resident of the Federal Republic by a company being a resident of India at least 10 per cent of the capital of which is owned directly by the first-mentioned company. For the purposes of taxes on capital there shall also be excluded from the basis upon which German tax is imposed any shareholding, the dividends of which are excluded or, if paid, would be excluded according to the immediately foregoing sentence, from the basis upon which German tax is imposed. b.    Subject to the provisions of German tax law regarding credit for foreign tax (as it may be amended from time to time without changing the general principle hereof), there shall be allowed as a credit against German income and corporation tax payable in respect of the following items of income arising in India the Indian tax paid under the laws of India and in accordance with this agreement on-- aa.  profits derived from the operation of ships in international traffic; bb.  dividends not dealt with in sub-paragraph (a); cc.  interest; dd.  royalties and fees for technical services. c.     For the purposes of items (bb) to (dd) of sub-paragraph (b), the term " Indian tax " shall be deemed to include any amount which would have been payable as Indian tax under the laws of India and in accordance with this Agreement for any year but for an exemption from, or reduction of, tax granted for that year under: aa.  sections 10(4), 10(4A), 10(15)(iv) and 80K of the Income-tax Act, 1961; bb.  any other provision of similar character to be agreed between the competent authorities of both Contracting States. If this amount is less than 50 per cent of the German tax chargeable on such income, the term " Indian tax " shall be deemed to be at least this 50 per cent of the German tax. d.    The provisions of sub-paragraph (a) shall not apply to the profits of, and to the capital represented by, movable and immovable property forming part of the business property of a permanent establishment and to the gains from the alienation of such property; to dividends paid by, and to the shareholding in a company unless the resident of the Federal Republic concerned proves that the receipts of the permanent establishment or company are derived exclusively or almost exclusively:-- aa.  from producing or selling goods or merchandise giving technical advice or rendering engineering services, or doing banking or insurance business, within India, or bb.  from dividends paid by one or more companies, being residents of India, more than 25 per cent of the capital of which is owned by the first-mentioned company, which themselves derive their receipts exclusively or almost exclusively from producing or selling goods or merchandise, giving technical advice or rendering engineering services, or doing banking or insurance business, within India. In such a case, Indian tax payable under the laws of India and in accordance with this Agreement on the above-mentioned items of income and capital shall, subject to the provisions of German tax law regarding credit for foreign tax (as it may be amended from time to time without changing the general principle hereof), be allowed as a credit against German income or corporation tax payable on such items of income or against German capital tax payable on such items of capital. ARTICLE XVII The competent authorities shall exchange such information (being information which is at their disposal under their respective taxation laws in the normal course of administration) as is necessary for carrying out the provisions of the present Agreement. Any information so exchanged shall be treated as secret and shall not be disclosed to any persons other than those concerned with the assessment and collection of the taxes which are the subject of the present Agreement. No information as aforesaid shall be exchanged by the competent authority of one of the Contracting States which would disclose any trade, business, industrial or professional secret or any trade process to the authority of the other Contracting State. ARTICLE XVIII 1.     Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement. 2.     The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States. 3.     The competent authorities of the Contracting States shall endeavour to resolve by mutual Agreement any difficulties or doubts arising as to the interpretation or application of the agreement. They may also consult together for the elimination of double taxation in cases not provided for in the Agreement. 4.     The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an Agreement in the sense of the preceding paragraphs. ARTICLE XIX 1.     This Agreement shall apply to Land Berlin provided that the Government of the Federal Republic of Germany has not delivered a contrary declaration to the Government of India within three months from the date of entry into force of the Agreement. 2.     Upon the application of this Agreement to Land Berlin, references in the agreement to the Federal Republic shall be deemed also to be references to Land Berlin. ARTICLE XX 1.     The present Agreement shall ratified. 2.     This instruments of ratification shall be exchanged at Bonn as soon as possible. 3.     This Agreement shall come into force after the expiration of a month following the date on which the instruments of ratification are exchanged and shall thereupon have effect-- a.     Inrespect of Indian tax in relation to the income for any " previous year " relevant to any year of assessment beginning on or after 1st April, 1958, and b.    In respect of the German tax, for taxes which are levied for the calendar year 1957 and for subsequent calendar years. ARTICLE XXI This Agreement shall continue in effect indefinitely but either of the Contracting Parties may on or before the 30th day of June in any calendar year after 1960 give to the other Contracting Party notice of termination, and in such event this Agreement shall cease to be effective-- a.     in respect of Indian tax, in relation to income and capital assessable for the assessment years commencing on or after the first day of April in the calendar year next following that in which the notice of termination is given, and b.    in respect of German tax, for taxes which are levied for the calendar years following the year in which the notice of termination is given. In witness whereof the undersigned, duly authorised thereto have signed this Agreement and have affixed thereto their seals. Done at New Delhi on 18th day of March, 1959, in duplicate, in the English, German and Hindi languages, all the three texts being authentic, except in the case of doubt when the English text shall prevail. EXCHANGE OF NOTES BETWEEN CONTRACTING STATES ON 28TH JUNE 1984 With reference to the Protocol, signed today, amending the Agreement between the Government of the Federal Republic of Germany and the Government of India for the Avoidance of Double Taxation of Income, signed in New Delhi on 18 March, 1959, I have the honour on behalf of the Government of the Federal Republic of Germany to inform you that the two Contracting States have reached agreement on the following: 1.     Notwithstanding the provisions of Articles VII and VIII of the Agreement, dividends and interest arising in a Contracting State may be taxed in that State and according to the law of that State-- a.     if they are derived from rights or debt claims carrying a right to participate in profit (including income derived by a sleeping partner from his participation as such and in the case of the Federal Republic from a " partiarisches Darlehen " and from " Gewinnobliptionen) ", and b.    under the condition that they are deductible in the determination of profits of the debtor of such income. 2.     Where a company being a resident of the Federal Republic distributes income derived from sources within India, sub-paragraph (a) of paragraph (3) of Article XVI of the Agreement shall not preclude the compensatory imposition of corporation tax on such distributions in accordance with the provisions of German tax law, designed to ensure the crediting of the underlying tax against the income-tax payable by the shareholder. 3.     Notwithstanding the provisions of paragraph (3) of Article III of the Agreement, no deduction shall be allowed in respect of amounts paid or charged (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices, by way of-- a.     royalties, fees or similar payments in return for the use of patents or other similar rights; b.    commission for specific services performed or for management; and c.     interest on moneys lent to the permanent establishment, except in the case of a banking institution. 4.     It is understood that the deductions in respect of the head office expenses as referred to in paragraph (3) of Article III of the Agreement shall in no case be less than what are allowable under the Indian Income-tax Act as on the date of entry into force of this Protocol. 5.     It is understood that the taxation of royalty income as consists of lump sum consideration for the transfer outside India of, or the imparting of information outside India in respect of, any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process or trade mark or similar property, shall not exceed 20 per cent of the gross amount of such payments. 6.     It is also understood that in relation to Article XVII of the Agreement, the term " information " shall include the documents. It is further understood that the German tax law provides for the transmission of information under certain conditions upon request and it would be possible to furnish information to the competent authority in India under these provisions irrespective of the said Article. I shall be grateful if you will kindly confirm your agreement to the above; in such case, this Note and your reply there to shall be deemed to be part of the Protocol

  • COMPLAINT UNDER SECTIONS 138 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT.

    Pro-forma complaint by firm/company In the Court of Additional Chief Metropolitan Magistrate………………….Court At…………… ……………….. Complaint No……………… 20……. ……………………… ……………………… Complainant Vs. ……………………… ……………………… Accused Complaint under section 138 read with section 142 of the Negotiable Instruments Act, 1881 MAY IT PLEASE YOUR HONOUR The Complainant above-named most respectfully submit as under : 1. That the Complainant above-named is a registered partnership firm/a company limited registered under Indian Companies Act, 1956 having its registered office at…….. and a branch at………carrying on a business of………., The Complainant is one of its partners/directors duly authorised by firm/company to file this complaint. A copy of resolution/power of attorney is annexed. 2. That the accused above-named is an individual/firm/company carrying on the business of ……., from its office mentioned in the title 3. That the accused above-named had placed the order for supply of goods/requested for the services of the Complainant from the Complainant on…………… A copy of order/letter/communication from the accused is annexed. 4. That the complainant soled supplied and delivered the require goods to the accused and the accused has received the same/rendered the services. A copy of receipt, challan, letter acknowledging debt is annexed herewith. 5. To fulfill the liability the accused issued a cheque bearing No……….. dated……. drawn on ….…….. for Rs………(Rupees…………only) in infavour of the company.  Upon depositing the said cheque was returned/dishonoured by his banker of the accused for the reason ………….. with bank memo dated …………… 6. That thereupon the complaint sent a notice dated……….. to the accused under section 138 of the Negotiable Instruments Act, 1881 by registered post on…….. demanding the amount of cheque. That the said notice was received by the Accused on ………and the accused failed to repay the amount demanded. 7. The Accused issued the cheque knowing fully that he does not have sufficient balance in his Bank account, thus, he has committed an offence under section 138 of the Negotiable Instrument Act. 8.  That the cause of action against the accused has arisen on …….. (date of return) and on……..(last date of period of notice sent by payee earlier) when after expiry of 15 days period granted to the accused, he failed to repay the debt/amount of the cheque. 9. That as the cheque were issued and/or returned at………. it is within the jurisdiction of this Hon’ble Court and the cause of action of file the complaint has arisen within the jurisdiction of this Hon’ble Court, this Hon’ble Court can take cognizance of the offence. 10. It is, therefore, most respectfully prayed that this complaint be registered by this Hon’ble court and action be initiated against the accused under sections 138 and 142 of the Negotiable Instruments Act, 1881 and the accused be tried and be punished for the commission of offence above mentioned. Advocate for Complainant Complainant Dated :………… LIST OF WITNESSES 1. Complainant. 2. Manager/Authorised officers from Both the Banks i.e. accused and Complainant. LIST OF DOCUMENTS 1. Copy of Power of Attorney/letter authorising to file complaint. 2. Original Cheque being No………… dated………… 3. Bank return Memo. of Accused and Complainant Bank. 1. Copy of notice dated..…….. 2. Postal receipt, A.D Card, UPC Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-)

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