A preamble is an introductory and expression statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. GERMANY 1/1 GERMANY The German constitution, the Basic Law (Grundgesetz), guarantees the right to own property, freedom of movement, free choice of occupation, freedom of association, and equality before the law . Conscious of their responsibility before God and Men, Animated by the resolveto serve world peace as an equal partner in a united Europe, the German people haveadopted, by virtue of their constituent power, this Basic Law. The Germans in the Laender ofBaden-Wuerttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg Hesse, Lower Saxony ,Mecklenburg-Western Pomerania, North-Rhine-Weststphalia, Rhineland-Paltinate, Saarland,Saxony, Saxony-Anhalt, Schleswig-Holstein, and Thuringia have achieved the unity and freedom ofGermany in free self-determination This Basic Law is thus valid for the entire German People.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Criminal Complaint u/s 138 of Negotiable Instruments Act Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against return of cheque. Draft format for filing criminal complaint under section 138 of Negotiable Instruments Act is given below to get idea to prepare the complaint. Draft Format of Criminal Complaint against return of Cheque Draft Format of Criminal Complaint against return of Cheque IN THE COURT OF _____________________________ COMPLAINT NO ___________ OF____ IN THE MATTER OF: Mr.____________________ COMPLAINANT VERSUS Mr. _______________ ACCUSED POLICE STATION:____________ COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM OF RS. ______________ (RUPEES ________________ ONLY) MOST RESPECTFULLY SHOWETH: That the Complainant is working as _________________________ and is residing at ______________________________________ That the present complaint is being field by the complainant Mr.___________________ to cause appearance in this Hon'ble Court and to depose and conduct the proceedings. That on _______________ the accused namely Mr. ______________ had approached the complainant personally and asked for a friendly loan of Rs. ________________. That on __________ complainant paid Rs. ___________ (Rupees _____________ as friendly loan repayable on demand. That towards payment of amount of loan the accused issued Cheque No. ______________ Dated ____________for Rs. ___________to the complainant. That in order to discharge their above said liability and in accordance with the agreed terms and conditions, the accused had issued Cheque No. _____________ Dated ___________for Rs. ___________/- drawn on ___________________. The said cheque was issued from Account No. ____________________which is held in the name of the accused. That the present complaint is based on the dishonor of the above said cheque which was issued in discharge of a lawful debt. That at the time of handing over the above said cheque the accused had assured the complainant that the said cheque will be honored/encashed on presentation. Taking the above assurance/representation as true, the complainant had accepted the above said cheque. That on the basis of the assurances given by the accused, the complainant presented the above said cheque with its bankers namely ___________________________________ and was dishonored vide cheque return advice dated _____ issued by the complainants bank. The aforesaid cheque was returned unpaid vide returning memo dated ____________with the remarks "FUNDS INSUFFICIENT". That the dishonor of the cheque clearly shows and establishes that the accused did not intend to honor the amount under the said cheque. That on account of the dishonor of the said cheque, the complainant had served a legal notice dated ____________upon the Accused by way of Registered Post vide Receipt No. _________________ dated ___________However, despite service of notice, the accused has not taken any steps to liquidate his liability and has failed to make balance payments to the complainant towards the amount covered under the said cheque, within the statutory period of 15 days or thereafter. Thus, the Accused has, therefore committed an offence within the meaning of Section 138 and other sections of the amended provisions of the Negotiable Instruments Act, 1881, for which he is liable to be prosecuted and punished. That the accused have failed to make payment against the said cheque which has been done by them malafidely, intentionally and deliberately and knowingly. That at the time of issuing the said cheques the accused were fully aware that the said cheques will not be honored on presentation. Therefore, the accused has dishonestly induced the complainant to advance a sum of _________________ /- (Rupees __________________ Only) fully knowing that he cannot repay the said amount to the complainant. That the accused is guilty offence under Section 138, Negotiable Instruments Act and is also liable to be prosecuted under Section 420 of the Indian Penal Code. That in view of the facts and circumstances, the complainant has a cause of action and right to file the present complaint. The cause of actions has arisen in favour of the complainant when, on the expiry of the notice period, the Accused has not come forward to pay the amount relating to the dishonored cheques. The cause of action is still subsisting and continuing in nature. That the cause of action has arisen at __________ as the cheques was issued at _________, and the same was payable at __________ and was also dishonored at _________. Therefore this Hon'ble Court has jurisdiction to try and adjudicate upon the present complaint. That the complaint is well within limitation period prescribed under the Act: i. Date of Dishonor ______ ii. Date of Notice ______ iii. Date of filing Complaint _______ That a list of documents and list of witnesses are annexed with this complaint. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: Summon, prosecute and punish the Accused and also direct the accused to pay the amount as double to the amount covered under the said dishonored cheques, under the provisions of Section 138 read with Section 142 of the Negotiable Instruments Act,1881 as amended by the Negotiable Instrument laws (Amended and Miscellaneous Provisions) Act, 2002. In accordance with Section 357 of Code of Criminal Procedure 1974, out of the penalty imposed, the Accused be ordered to compensate the Complainant to the extent of Rs._______ /- (Rupees ______________ Only) and Such other and further orders may be passed as may be deemed fit and proper by this Hon'ble Court. It is prayed accordingly. PLACE: DATED: COMPLAINANT THROUGH : ADVOCATES DRAFTING Gallery www.lawtool.net Previous Next

A preamble is an introductory and expression statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. RUSSIA 1/1 We, the multinational people of the Russian Federation , united by a common fate on our land, establishing human rights and freedoms, civic peace and accord, preserving the historically established state unity, proceeding from the universally recognized principles of equality and self-determination of peoples, revering ... We, the multinational people of the Russian Federation, united by a common destiny on our land. asserting human rights and liberties, civil peace and accord, preserving the historic unity of the State, proceeding from the commonly recognized principles of equality and self-determination of the peoples. honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its imumutable democratic foundations, strving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Corstitution of the Russian Fedieration.

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

Bare Act is basically a dictionary of any section of a particular act.It is the exact text of a particular enactment, as it was passed by the legislature. There will be no case laws, or any other explanations to the sections, apart from what the parliament or the state legislature has made. < Back CONSTITUTION OF INDIA CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 1. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for SOVEREIGN DEMOCRATIC REPUBLICw.e.f. 3-1-1977. 2. Substituted. by the Constitution (Forty-second Amendment) Act, 1976, section. 2, for unity of the Nation w.e.f. 3-1-1977. CONTENTS PART I : THE UNION AND ITS TERRITORY PART II : CITIZENSHIP PART III : FUNDAMENTAL RIGHTS PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY PART V : THE UNION CHAPTER I : THE EXECUTIVE CHAPTER II : PARLIAMENT CHAPTER III : LEGISLATIVE POWERS OF THE PRESIDENT CHAPTER IV : THE UNION JUDICIARY CHAPTER V : COMPTROLLER AND AUDITOR-GENERAL OF INDIA PART VI : THE STATES CHAPTER I : GENERAL CHAPTER II : THE EXECUTIVE CHAPTER III : THE STATE LEGISLATURE CHAPTER IV : LEGISLATIVE POWER OF THE GOVERNOR CHAPTER V : THE HIGH COURTS IN THE STATES CHAPTER VI : SUBORDINATE COURTS PART VII : THE STATES IN PART B OF THE FIRST SCHEDULE PART VIII : THE UNION TERRITORIES PART IX : THE PANCHAYATS PART X : THE SCHEDULED AND TRIBAL AREAS PART XI : RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I : LEGISLATIVE RELATIONS CHAPTER II : ADMINISTRATIVE RELATIONS PART XII : FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I : FINANCE CHAPTER II : BORROWING CHAPTER IV : RIGHT TO PROPERTY PART XIV : SERVICES UNDER THE UNION AND THE STATES CHAPTER I : SERVICES CHAPTER II : PUBLIC SERVICE COMMISSION PART XIVA : TRIBUNALS PART XV : ELECTIONS PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES PART XVII : OFFICIAL LANGUAGE CHAPTER I : LANGUAGE OF THE UNION CHAPTER II : REGIONAL LANGUAGES CHAPTER III : LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. CHAPTER IV : SPECIAL DIRECTIVES PART XVIII : EMERGENCY PROVISIONS PART XIX : MISCELLANEOUS PART XX : AMENDMENT OF THE CONSTITUTION PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS PART XXII : SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE ELEVENTH SCHEDULE TWELFTH SCHEDULE Previous Next

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

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

General and Legal Discussions are made for the law students, the purpose of this is that the students of law can communicate with each other through new ideas and understand the law of other countries. To test this feature, visit your live site. All Posts Categories My Posts Login / Sign up General & Legal Discussion Welcome to Lawtool Discussion! Have a look around and join the discussion. Sort by: Newest Follow All Categories Create New Post www.lawtool.net सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं- सुप्रीम कोर्ट in Hindi law सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं- सुप्रीम कोर्ट ने जोसेफ शाइन जजमेंट को स्पष्ट किया सुप्रीम कोर्ट ने मंगलवार को फैसला सुनाया कि सशस्त्र बल व्यभिचार के लिए अपने अधिकारियों के खिलाफ कार्रवाई कर सकते हैं, क्योंकि आज कोर्ट ने 2018 के उस ऐतिहासिक फैसले को स्पष्ट 0 comments 0 Jan 31, 2023 Like 0 comments Comment www.lawtool.net विश्व शिक्षक दिवस 5 अक्टूबर in Hindi law क्यों मनाया जाता है कि विश्व शिक्षक दिवस, क्या है थीम. World Teachers Day 2024 : आज दुनिया भर में विश्व शिक्षक दिवस मनाया जा रहा है। भारत में जहां हर साल 5 सितंबर को शिक्षक दिवस मनाया जाता है, वैश्विक स्तर पर हर वर्ष 5 अक्टूबर को विश्व शिक्षक दिवस मनाया जाता है। इसका मकसद विश्व भर के शिक्षकों के 0 comments 0 Oct 05, 2024 Like 0 comments Comment www.lawtool.net Revised timetable of AIBE XVIII (18) 2023 released – exam date changed, registration deadline extend in General & Legal Discussion October 18, 2023 10:30 AM Bar Council of India has announced the revised schedule for AIBE XVIII examination in 2023. The exam will now be held on November 26, 2023. Additionally, the registration deadline for the exam has been extended. Candidates can now submit their application forms till Nove 0 comments 0 Oct 18, 2023 Like 0 comments Comment www.lawtool.net Adipurush Ban: Allahabad HC in General & Legal Discussion Adipurush Ban: Allahabad HC Issues Notice to Manoj Muntashir, Asks Centre Whether It Will Take Any Action in Public Interest June 27, 2023 The Allahabad High Court at Lucknow on Tuesday issued notices to Manoj Muntashir, who is Dialogue Writer of Adipurush movie, while dealing with two PIL pleas 0 comments 0 Jun 29, 2023 Like 0 comments Comment www.lawtool.net HC Quashes POCSO Case Against Boyfriend Saying 16-Year-Old Capable of Making Conscious Decision.. in General & Legal Discussion HC Quashes POCSO Case Against Boyfriend Saying 16-Year-Old Capable of Making Conscious Decision About Sex June 2023 In a significant ruling, the High Court of Meghalaya, headed by Justice W. Diengdoh, has quashed the proceedings in a POCSO (Protection of Children from Sexual Offences) case, empha 0 comments 0 Jun 27, 2023 Like 0 comments Comment www.lawtool.net Gangster Chhota Rajan moves HC seeking stay on release of "Scoop" web series over 'infringement .... in General & Legal Discussion Gangster Chhota Rajan moves HC seeking stay on release of "Scoop" web series over 'infringement of his personality rights' Jailed gangster Rajendra Nikalje alias Chhota Rajan on Thursday moved the Bombay High Court against web series “Scoop”, which is slated for release on Netflix on June 2, saying 0 comments 0 Jun 02, 2023 Like 0 comments Comment www.lawtool.net The 100 Most Famous Quotes of All Time in Famous - Quotes 1. "Spread love everywhere you go. Let no one ever come to you without leaving happier." -Mother Teresa 2. "When you reach the end of your rope, tie a knot in it and hang on." -Franklin D. Roosevelt 3. "Always remember that you are absolutely unique. Just like everyone else." -Margaret Mead 4. "D 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration ......... in High Court Judgment Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration when the Reference is Limited to Quantum of Compensation: Delhi HC In a significant ruling, the High Court of Delhi has shed light on the scope of arbitration clauses in insurance policy disputes. Justice Pr 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused in High Court Judgment Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused The Allahabad High Court recently made a crucial decision, refusing to dismiss an attempted murder case based on a compromise between the victim and the accused. In doing so, the bench of Justice 0 comments 0 May 28, 2023 Like 0 comments Comment www.lawtool.net When Accused Can be Discharged in a Criminal Case? Explains Supreme Court in Supreme Court Judgment Recently, The Supreme Court answered an important question that when accused can be discharged in a criminal case. The bench of Justices Abhay S. Oka and Rajesh Bindal was dealing with the appeal challenging the order passed by the Bombay High Court by which the Court has set aside the order passed 0 comments 0 May 27, 2023 Like 0 comments Comment www.lawtool.net BCI ने शहरी क्षेत्रो में जूनियर अधिवक्ताओ के लिए ₹20 हजार और ग्रामीण क्षेत्रो मे ₹15 हजार वजीफा देने का सुझाव दिया in Hindi law बार काउंसिल ऑफ इंडिया (बीसीआई) ने वरिष्ठ अधिवक्ताओं, कानूनी फर्मों और स्वतंत्र वकीलों की सहायता करने वाले कनिष्ठ अधिवक्ताओं के लिए न्यूनतम वजीफा की सिफारिश करते हुए नए दिशानिर्देश जारी किए हैं।यह कदम दिल्ली उच्च न्यायालय के 29 जुलाई के निर्देशों के बाद उठाया गया है, जिसके बाद अधिवक्ता सिमरन कुमारी न 0 comments 0 Oct 19, 2024 Like 0 comments Comment www.lawtool.net 2 October (Gandhi Jayanti) in General & Legal Discussion Non-violence is the greatest religion. Be the change you wish to see in the world. The greatness of humanity lies not in how powerful it is, but in how humane it is. Until you actually lose someone, you do not understand their value. To answer cruelty with cruelty is to accept your own moral and int 0 comments 0 Oct 02, 2024 Like 0 comments Comment www.lawtool.net AIBE XVIII (18) 2023 in General & Legal Discussion AIBE XVIII (18) 2023-24 - The Bar Council of India (BCI) has opened the AIBE 18 registration 2023 on August 16, 2023 at 5 PM on its official website - allindiabarexamination.com. Interested applicants can appply for AIBE XVIII till September 30, 2023. The AIBE XVIII (18) 2023-24 will be conducted in 0 comments 0 Aug 19, 2023 Like 0 comments Comment www.lawtool.net सुप्रीम कोर्ट के रिटायर जस्टिस की जमीन हड़पने की कोशिश मामले में एक गिरफ्तार in General & Legal Discussion सुप्रीम कोर्ट के रिटायर जस्टिस की जमीन हड़पने की कोशिश मामले में एक गिरफ्तार June 27, 2023 रांची, सुप्रीम कोर्ट के रिटायर जस्टिस स्व. युसूफ इकबाल की जमीन हड़पने की कोशिश मामले में रविवार रात पुलिस ने भू- माफिया जुनैद रजा उर्फ चुन्ना को गिरफ्तार किया है। थाना प्रभारी दयानंद कुमार ने सोमवार को बताया 0 comments 0 Jun 29, 2023 Like 0 comments Comment www.lawtool.net वकीलों के लिए बड़ी खबर: बार काउंसिल ने COP हेतु जारी किया फॉर्म- जानिए किसे भरना है ये फॉर्म...... in General & Legal Discussion June 19, 2023वकीलों के लिए बड़ी खबर: बार काउंसिल ने COP हेतु जारी किया फॉर्म- जानिए किसे भरना है ये फॉर्म और क्या है प्रक्रिया रविवार को बार काउंसिल ऑफ उत्तर प्रदेश ने उत्तर प्रदेश की अदालतों में प्रैक्टिस कर रहे वकीलों के लिए एक महत्वपूर्ण फॉर्म जारी किया। बार काउंसिल ऑफ इंडिया सर्टिफिकेट एंड प् 0 comments 0 Jun 19, 2023 Like 0 comments Comment www.lawtool.net सुप्रीम कोर्ट ने 20 वर्षीय महिला को परिवार के सदस्यों से जान का खतरा होने की आशंका से सुरक्षा प्रदान in Hindi law सुप्रीम कोर्ट ने मंगलवार को दिल्ली पुलिस को 20 वर्षीय एक महिला को सुरक्षा देने का निर्देश दिया, जो कथित रूप से घर से भाग गई थी और अपने परिवार के सदस्यों से अपनी जान को खतरा होने की आशंका से डर रही थी। शीर्ष अदालत ने मध्य प्रदेश उच्च न्यायालय के उस आदेश में हस्तक्षेप करने से इंकार करते हुए आदेश पारि 0 comments 0 May 31, 2023 Like 0 comments Comment www.lawtool.net Central vista project including new Parliament building faced several court cases in General & Legal Discussion Central vista project including new Parliament building faced several court cases The ambitious redevelopment project of the nation’s power corridor, Central Vista, which includes the new Parliament building inaugurated on Sunday, faced several legal challenges in the last few years. The project w 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net सारे जहां से अच्छा' लिखने वाले शायर मोहम्मद इकबाल से जुड़ा अध्याय सिलेबस से हटाया जा सकता है in Hindi law दिल्ली विश्वविद्यालय (डीयू) की अकादमिक परिषद ने राजनीतिक विज्ञान के पाठ्यक्रम से पाकिस्तान के राष्ट्र कवि मोहम्मद इकबाल से जुड़ा एक अध्याय हटाने के लिए शुक्रवार को एक प्रस्ताव पारित किया. वैधानिक निकाय के सदस्यों ने इसकी पुष्टि की. अविभाजित भारत के सियालकोट में 1877 में जन्मे इकबाल ने प्रसिद्ध गीत ' 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net पत्नी पति से ज्यादा कमाती है- सेशन कोर्ट ने पत्नी को गुजारा भत्ता देने से इनकार करने के आदेश..... in Hindi law पत्नी पति से ज्यादा कमाती है- सेशन कोर्ट ने पत्नी को गुजारा भत्ता देने से इनकार करने के आदेश को बरकरार रखा हाल ही में, मुंबई की एक निचली अदालत ने एक महिला को अंतरिम गुजारा भत्ता देने से इनकार कर दिया, क्योंकि उसे पता चला था कि वह अपने पति से प्रति वर्ष 4 लाख रुपये अधिक कमाती है। इस आदेश को अब मुंब 0 comments 0 May 28, 2023 Like 0 comments Comment www.lawtool.net No Indisfeasible Right of Daughter-in-Law on Share Household: Delhi HC in High Court Judgment The Delhi High Court has ruled that a daughter-in-law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same. The court was hearing a plea moved by a daughter-in-law against her husband and in-laws who were senior citizens, challenging an o 0 comments 0 May 27, 2023 Like 0 comments Comment www.lawtool.net World Teachers Day 2024 in General & Legal Discussion World Teachers Day 2024: Why is World Teachers Day celebrated, what is the theme World Teachers Day 2024: World Teachers Day is being celebrated all over the world today. While Teachers' Day is celebrated on 5 September every year in India, World Teachers' Day is celebrated on 5 October every year 0 comments 0 Oct 05, 2024 Like 0 comments Comment www.lawtool.net AIBE XVIII (18) 2023:The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023 in General & Legal Discussion AIBE XVIII (18) 2023: The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023. Updated on Nov 9, 2023 AIBE XVIII (18) 2023: The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023. Candidates can now submit the AIBE 18 Application Form 2023 until Nov 0 comments 0 Nov 11, 2023 Like 0 comments Comment www.lawtool.net Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court in Supreme Court Judgment Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court June 28, 2023 Recently, the Collegium showed a willingness to prioritize regional representation over seniority. This was seen when the Chief Justice of the Allahabad High Court, who ranked higher in seniority, was overlooked in favor 0 comments 0 Jun 29, 2023 Like 0 comments Comment www.lawtool.net Bar Council of India approves RV University's School of Law in General & Legal Discussion Bar Council of India approves RV University's School of Law The Bar Council of India has approved RV University’s (RVU) School of Law and its five-year integrated BA LLB and BBA LLB programmes. The programmes will commence from August 2023. School of Law will be the sixth school under RVU. "Throu 0 comments 0 Jun 28, 2023 Like 0 comments Comment www.lawtool.net Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre in High Court Judgment Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre By May 31, 2023 The High Court of Karnataka has asked the Centre to amend the relevant provisions of the Indian Penal Code (IPC) or bring in new ones criminalizing and providing for punishment for carnal intercourse’ with corpses. 0 comments 0 Jun 09, 2023 Like 0 comments Comment www.lawtool.net Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next in General & Legal Discussion Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next Artificial intelligence is a topic that is frequently discussed nowadays. It will keep you entertained if you use it in a humorous manner. But is it appropriate to rely entirely on it for everything? This is an open question. Pe 0 comments 0 May 31, 2023 Like 0 comments Comment www.lawtool.net क्या चेक बाउंस नोटिस देने के 15 दिनों के भीतर एनआई एक्ट की धारा 138 के तहत शिकायत दर्ज की जा सकती है in Hindi law क्या चेक बाउंस नोटिस देने के 15 दिनों के भीतर एनआई एक्ट की धारा 138 के तहत शिकायत दर्ज की जा सकती है? सुप्रीम कोर्ट करेगा तय सुप्रीम कोर्ट ने मंगलवार को एक विशेष अनुमति याचिका में नोटिस जारी किया, जिसमें इलाहाबाद उच्च न्यायालय की लखनऊ खंडपीठ के उस आदेश को चुनौती दी गई थी, जिसमें वैधानिक पंद्रह दिनो 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, in Hindi law नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, ड्रेस कोड किया गया लागू नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, ड्रेस कोड किया गया लागू महाराष्ट्र मंदिर महासंघ का कहना है कि राज्य के 300 मंदिरों में ड्रेस कोड को जल्द लागू किया जाएगा. 0 comments 0 May 29, 2023 Like 0 comments Comment www.lawtool.net यासिन मलिक को फांसी देने की मांग, एनआईए ने दिल्ली हाई कोर्ट में दायर की याचिका in Hindi law May 26, 2023 10:04 PM नेशनल इंवेस्टिगेशन एजेंसी (एनआईए) ने हत्या और टेरर फंडिंग के मामले में दोषी करार दिए गए यासिन मलिक को फांसी की सजा की मांग के लिए दिल्ली हाई कोर्ट में याचिका दायर की है। जस्टिस सिद्धार्थ मृदुल की अध्यक्षता वाली बेंच इस याचिका पर 29 मई को सुनवाई करेगा।एनआईए ने कहा है कि यासिन म 0 comments 0 May 28, 2023 Like 0 comments Comment www.lawtool.net क्रेडिट कार्ड की अवधि समाप्त होने के बावजूद व्यक्ति को बिल भेजने पर एसबीआई पर जुर्माना...... in Hindi law दिल्ली के एक उपभोक्ता फोरम ने एसबीआई कार्ड्स एंड पेमेंट सर्विसेज प्राइवेट लिमिटेड को निर्देश दिया है। लिमिटेड को एक व्यक्ति को उसके कार्ड की अवधि समाप्त होने के बाद भी उसे बिल भेजने और शुल्क का भुगतान न करने पर उसे काली सूची में डालने के लिए 2 लाख रुपये का भुगतान करना होगा। नई दिल्ली जिला उपभोक्ता व 0 comments 0 May 26, 2023 Like 0 comments Comment Forum - Frameless

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

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back INTERLOCUTORY APPLICATIONS (IA) INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim applications are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the (IA)should be both precise as well as brief and devoid of irrelevant matters. वार्ता आवेदन (IA) लंबित या मुकदमेबाजी के दौरान इंटरलोक्यूटरी आवेदन या अंतरिम आवेदन दायर किए जाते हैं। इस तरह के आवेदनों का मसौदा उसी तरह से तैयार किया जाना चाहिए जैसे कि दलीलें। जैसे (IA) की दलील सटीक और संक्षिप्त दोनों होनी चाहिए और अप्रासंगिक मामलों से रहित होनी चाहिए। INTERLOCUTORY APPLICATIONS (IA) Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters. Drafting of Interlocutory Application: The grounds on which application is moved should to the extent possible be stated in the words of the law under which the application is fitted. For ex., in an application for setting aside an expert decree against the defendant, the defendant should say that "the summons was not duly served" or that "the defendant was prevented by any sufficient cause from appearing when the suit was called on for the hearing". It is not advisable to employ a language different from the law under which the application is made. Like a plaint every application should have a heading and a title. The name of the Court should be given at the top and thereafter should follow the name of the applicant and the opposite party. When the . application is moved in connection with a suit or proceeding, the number and the cause title of that suit or proceeding alone should be given after the name of the court. The body of the application should be either in the form of petition: "The humble application of the plaintiff in the above mentioned suit, respectfully submits as follows' or it may be written like plaint. "Application for restituting under section 144, CPC by the defendant in the above mentioned suit The applicant humbly begs to submit as follows: It is not absolutely necessary that the law under which the application is filed should be given. Like pleadings facts in the application should be stated in brief and concise language. The application should be divided into paragraphs and one paragraph as far as possible should narrate one allegation except where two or more allegations are so connected with each other that it is better to give them in one paragraph. With some application affidavits are filed and if in such cases the facts are too long things need not be narrated in the application. They should only be narrated in the affidavit and in such cases the application should be worded in some such form: "For the reasons above in the annexed affidavit, the applicant prays that etc". The application should end with a prayer. The payer should be in the following form: "The applicant! Plaintiff! Defendant, therefore prays": etc. After prayer, should follow the signature of the applicant where law requires the verification, the application should also be verified. Examples of Interlocutory Applications Provided under CPC a) Application under order 6 Rule 17 CPC for amendment, b) Application under section 95 CPC for compensation for arrest or attachment before judgment on insufficient grounds. c) Application under sec. 144 for restitution. d) Application under sec. 151. e) Application under sec. 152 for amendment of judgments, decrees or orders, f) Application under order IX Rule4 for setting aside an order dismissing a suit for default of the parties, g) Application under order IX Rule 9 CPC for setting aside and order dismissing a suit for plaintiff's default, h) Application under order IX Rule I, for leave to deliver interrogatories, i) Objections under sec. 47 or sec.60. j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order XXI, Rule 98, k) Substitution applications under order XXII CPC. l) Application under order XXVIII Rule 1 or Rule 5, m) Applications under order XXIX. For an interim injunctions, application under order XL, for appointment of receiver, n) Application under order XLVII for review. DRAFTING Gallery www.lawtool.net Previous Next

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back MEMORANDUM OF APPEAL AND REVISION MEMORANDUM OF APPEAL AND REVISION The memorandum of appeal shall set forth concisely and under distinct heads, the grounds of objection to the decree appealed form without any argument or narrative and such grounds shall be numbered consecutively. (Order XVI Rule 1 C.P.C.)The memorandum according to order XLI, Rule 1 shall be accompanied by a copy of the decree appealed from and unless the appellate court dispenses there with, of the judgment on which it is founded. The word 'copy' means a certified copy. This is a mandatory requirement, in the sense that an appeal filed without a certified copy of the decree makes the appeal incompetent. defective and [competent. But where the circumstances require it, the court has power to treat the appeal as competent and maintainable even in the absence of a copy of the decree attached. (Phool Chand V. Gopal Lal, AIR 1967 SG 1470) MEMORANDUM OF APPEAL AND REVISION www.lawtool.net The memorandum of appeal shall set forth concisely and under distinct heads, the grounds of objection to the decree appealed form without any argument or narrative and such grounds shall be numbered consecutively. (Order XVI Rule 1 C.P.C.)The memorandum according to order XLI, Rule 1 shall be accompanied by a copy of the decree appealed from and unless the appellate court dispenses there with, of the judgment on which it is founded. The word 'copy' means a certifieed copy. This is a mandatory requirement, in the sense that an appeal filed without a certified copy of Jhe decree makes the appeal incompetent. defective and [competent. But where the circumstances require it, the court has power to treat the appeal as competent and maintainable even in the absence of a copy of the decree attached. (Phool Chand V. Gopal Lal, AIR 1967 SG 1470) The term 'appeal' means the judicial examination by a higher court of the decision of inferior court while the memorandum of appeal contains the grounds on which the Judicial examination is invited (Lakshmi Ratan Engineering Works, Ltd. V. Asst. Commissioner of sales Tax, AIR 1968 SC 488) An appeal in legal paralence is held to mean the removal of a cause from an inferior or subordinate to a superior tribunal or forum in order to test and scrutinise the correctness of the impugned decision. It amounts in essence and pith to a complaint to a higher forum that the decision of a subordinate tribunal is erroneous and, therefore liable to be rectified or set right. There is a basic distinction between the right of suit and the right of appeal. There is and inherent right in every personto bring a suit of a civil nature and unless the suit is barred by statute one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, however, frivolous the claim, that the law confers no such right to sue. Asuit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the positition in regard to appeal is quite the opposite. The right of appeal inheres in no one and, therefore, and appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described a creature of statute. Under the code of civil procedure an appeal lies only as against a decree or as against an order passed under rules from which an appeal is expressly allowed by order XLIII, Rule 1. No appeal can lie against a mere finding for the simple reason that the code does not provide for any such appeal and if it is directed against a mere findlng recorded by the trial court, it is not maintainable. (Gangabai V. Vijay Kumar AIR 1974 SC 1126). The right of appeal is not a guaranteed or a constitutional right. There is nothing whatsoever in the constitution which may even remotely vest any such inalienable right in the citizens. The right of appeal is not a fundamental right nor a constitutional one. It has been repeatedly held that the right of appeal is the mere creature of the stature. The creator that is the legislature which confers such right can equally take the same away, if necessary. It inevitably follows there form that if the whole right can be thus taken away it can equally be impaired, regulated or burdened with condition either onerous or otherwise. Grounds of Appeal: A memorandum of appeal is meant to be a statement of the grounds upon which the appellant proposes to support the appeal. It is a notice to the court that such and such specific grounds are proposed to be urged on behalf 0 the appellant, as also a notice to the respondent that he should be ready to meet those specific grounds. The parties concerned and their legal advisers should concentrate and focus their attention on the essential feature of cases so as to facilitate speedy and consequently, cheap administration of justice. (Kapil Deo Shukla V. state of Uttar Pradesh, 1958 SC R 640) An appeal is essentially a continuation of the original proceedings. The theory of an appeal is that the suit is continued in the court of appeal and re-heard there. An appeal is a continuation of a suit but this is only in a limited sense, it does not, however, mean that the rights which could be pleaded and enforced before a suit was finally adjudicated by the first court could be pleaded as of right for the first time during the pendency of the appeal. It is also true that courts do very often take notice of events that happen subsequent to the filing of suits and at times even those that have occurred during the appellate stage and permit pleadings to be amended for including a prayer for relief on the basis of such events but this is ordinarily done to avoid multiplicity of proceedings or when the original relief claimed has, by reason of change in the circumstances, become inappropriate and not when the plaintiff 's suit would by wholly displaced by the proposed amendment and a fresh suit by him would be barred by limitation. Although in cases where it would not be so barred different considerations might came into play and a different view might be possible. It cannot be, however, disputed that ordinarily an appellate court- can give effect to such rights only as had come into being before the suit had been disposed of and which the trial court was competent to dispose of (chunni Lal khusaldas Das V.K.Adhyaru, AIR 1956 SC 655,675 ). But if during dependency of the appeal it transpires that the respondent landlord has transferred the respondent landlord has transferred the property (House) which he, according to his petition required for his personal use, and the transfree had filed a suit for eviction against the tenant, the appellate court can take notice thereof and dismiss the transferor landlord's suit. Right of appeal is not an inherent right of the subject but only exists where it is expressly conferred by statute. Point of limitation not taken in the memorandum of appeal, being a pure ground of law, may be entertained at the hearing thereof. Although the general rule may be that a plea once abandoned may not be raised, the right view seems to be that such fundamental issues as limitation and resjudicata are exceptions to it. Appoint of limitation is prima facie admissible even in a court of last resort. The essential requirement of an appeal is rehearing of a grievance and merits. Under order XLI of code of civil procedure, the expressing "appeal" and "memorandum of appeal" are used to denote two distinct things. The appeal is the judicial examination, the memorandum of appeal contains the grounds on which the judicial examination is invited. Order XLI, Rule 1 of C.P.C. deals with the form of appeal, what to accompany memorandum and contents of memorandum. Memorandum Appeal consist of :- (1) The formal part, (2) The material part, (3) The Relief, The formal part of the memorandum of appeal contains the heading of the case. After the name of the court, the number of the appeal and the year in which it is filed ad mentioned the number is written by the official of the court for which space is left blank. There after the names and addresses of the parties are given. The name of the app~lIant is given first and then of the respondent. It is also to be noted against the name of the parties as to what character each filled in the lower court. After the names of the parties an introductory statement giving the particulars of the decree or order against which the appeal is directed. Its number and date the court which passed it and the name of the presiding officer should be written. It may be stated that wherever the High Court has prescribed forms of heading of appeal from decrees and orders, the same should be followed. Material part of the memorandum consists of the grounds of appeal. A memorandum of appeal is meant to be a succinct statement of the grounds upon which the appellant proposes to support the appeal. The grounds of appeal should be carefully drafted since these grounds are the very basis of the appellant's case for raising objection and attacking the decree or order appealed. While taking the grounds of objection, the defects and errors of the decision of the lower court should be pointed out. Errors of law, f any may also be indicated. The facts and circumstances which require the decision of the lower court o be altered and make it erroneous should be specifically high lighted in the grounds of appeal. It is mportant to note that no new plea, which was not taken in the pleadings and on which no issue was ramed nor evidence was led, should be raised. An appellant cannot argue in regard to any ground of )bjection not taken in the memorandum of appeal. It is of utmost importance that the memorandum of appeal should be drawn up in accordance with order (L1, Rule 1, C.P.C. which provides form of appeal, its presentation, documents to be filed and grounds )f objection. It these provisions are not adhered to then the memorandum of appeal may be rejected by he court as provided in order XLI, Rule 3, C.P.C. Order XLI Rule' 1,2,3 lays down the c conlents of memorandum: - a. Grounds of objection should be in the concise form; b. They should be written distinctly; c. They should not be written in argumentative or narrative form; d. Each ground should be numbered consecutively. The ground should be written concisely to avoid vagueness and unnecessary details. It should be briefly iescribed to ensure that nothing irrelevant is unclouded. The grounds objections constitute an important actor of appeal and should be very carefully framed. Each ground of attack should be clearly and separately stated. There should not be any vagueness in he ground of appeal. The grounds should be specifically and distinctly stated. The particular point and he error of law, the particular point and the error of law, the particular finding of fact found to be wrong Ind the other mistakes committed by the lower court must be specifically stated. The grounds of objection should not be framed in argumentative or narrative form. These should be distinctly and concisely stated. No argument or narration is required while taking grounds of objection. Each ground should be numbered chronologically. Each objection should be different and not form the )art of another objection. It means that an objection taken should be complete in itself and not interdependent on another. An objection already stated in a Para should not be described subsequently n another form. Relief : It is a general practice to mention the relief sought by the appellant though it is not mandatory to is so. Generally the relief would be to set aside the decree appealed against but if the appeal is by a defendant against a decree passed against him, it may be enough to say that the decree be set aside and the suit be dismissed. DRAFTING Gallery www.lawtool.net Previous Next

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

A preamble is an introductory and expression statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. SWITZERLAND 1/1 The Federal Constitution (SR 101) is the constitution of the Swiss Confederation. It is the primary piece of legislation in the Swiss legal system, taking precedence over all the federal, cantonal and communal acts, ordinances and other enactments; these may not contradict the Constitution. In the name of God Almighty! We, the Swiss People and the Cantons, being mindful of our responsibility towards creation, in renewing our alliance to strengthen liberty and democracy, independence and peace in solidarity and openness towards the world, determined, with mutual respect and recognition, to live our diversity in unity, conscious of our common achievements and our responsibility towards future generations, certain that free is only who uses his freedom, and that the strength of the people is measured by the welfare of the weak, hereby adopt the following Constitution:

A preamble is an introductory and expression statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. INDIA 1/1 Preamble declares India to be a sovereign, socialist, secular and democratic republic . The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into aSOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE , social, economic and political; LIBERTY of thought, expression, belief, faith andworship; EQUALITY of status and of opportunity, and to promote among them all FRATERNITY assuring the dignity of the Individual and the unity and integrity of the Nation: IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

www.lawtool.net aboutus www.lawtool.net The aim of this website is to encourage digital education in the country and the world and to make law related content accessible to all law students. Just as there has been an outcry in the whole world from Coronavirus after that education material is not available to everyone on time. The entire team at www.lawtool.net believes that world peace is of paramount importance to humans and it is necessary to have a good idea to sustain it. And since covide19 means coronavirus. Since then, the world has faced a lockdown-like situation. The medium of this blog is to stay connected with people who are interested in books. And want to read something good. You too can put your thoughts in front of us and together we can try to change the world with new ideas, as Chanakya said, the way a bad idea proves to be a threat to human civilization and society. Brings unrest. A good idea brings changes in human civilization. And brings peace. Our effort is always to increase the knowledge of people. Come, let us all do something new in the world through a new digital system. LEARN MORE

Activist-lawyer M. C. Mehta fought a long and arduous battle over the pollution caused by industries in the vicinity of the famous Taj Mahal in Agra, which were causing damage to the famous monument, especially from the Mathura refinery. Mehta moved the Supreme Court in 1984, claiming that the Sulphur dioxide released by the Mathura refinery combined with oxygen and moisture in the air to produce sulphuric acid in the atmosphere, which was corroding the white marble of the Taj Mahal. The petitioner also claimed that brick kilns, vehicular traffic and generator sets were also responsible for polluting the ambient air around the Taj, and that the white marble had yellowed and blackened in places. There were ugly brown and black spots at some places in the monument, Mehta also alleged. In his ruling, Justice Kuldip Singh observed that the Taj was not only a cultural heritage, but was an industry by itself since over two million tourists visit every year. It is a source of revenue for the country. The apex court created a Taj Trapezium,' which consists of 10,400 square kilometers of area roughly in the shape of a trapezium around the Taj. This was done to regulate the activities in the region so that pollution could be controlled. Industries were asked to shift to eco-friendly fuel and reduce the use of diesels generators. The Government of Uttar Pradesh was asked to improve power supply to the city so that the use of diesel generators could be reduced. Tanneries operating from Agra were asked to shift from the trapezium, The Central Pollution Control Boards and the UP Pollution Control Board were asked to monitor the quality of air and report the same to the court. The apex court also asked the government to take steps to undo the damage to the environment and the white marbles at Taj and to undertake cleaning up operations. (TAJ TRAPEZIUM CASE) M. C. Mehta v Union of India AIR 1997 SC 734 Activist-lawyer M. C. Mehta fought a long and arduous battle over the pollution caused by industries in the vicinity of the famous Taj Mahal in Agra, which were causing damage to the famous monument, especially from the Mathura refinery. Mehta moved the Supreme Court in 1984, claiming that the Sulphur dioxide released by the Mathura refinery combined with oxygen and moisture in the air to produce sulphuric acid in the atmosphere, which was corroding the white marble of the Taj Mahal. The petitioner also claimed that brick kilns, vehicular traffic and generator sets were also responsible for polluting the ambient air around the Taj, and that the white marble had yellowed and blackened in places. There were ugly brown and black spots at some places in the monument, Mehta also alleged. In his ruling, Justice Kuldip Singh observed that the Taj was not only a cultural heritage, but was an industry by itself since over two million tourists visit every year. It is a source of revenue for the country. The apex court created a Taj Trapezium,' which consists of 10,400 square kilometers of area roughly in the shape of a trapezium around the Taj. This was done to regulate the activities in the region so that pollution could be controlled. Industries were asked to shift to eco-friendly fuel and reduce the use of diesels generators. The Government of Uttar Pradesh was asked to improve power supply to the city so that the use of diesel generators could be reduced. Tanneries operating from Agra were asked to shift from the trapezium, The Central Pollution Control Boards and the UP Pollution Control Board were asked to monitor the quality of air and report the same to the court. The apex court also asked the government to take steps to undo the damage to the environment and the white marbles at Taj and to undertake cleaning up operations.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Writ Petition of Mandamus to High Court under Article 226 of Constitution to quash termination order English :- Writ Petition of Mandamus to High Court under Article 226 of Constitution to quash termination order, Reinstate Petitioner and pay back wages. A writ of mandamus is a direction to an authority to either do or refrain from doing a particular act. For instance, a writ to the Police Department to to strictly enforce Traffic Rules under the Acts. For a mandamus to be issued, it must be shown: a) That the authority was under obligation, statutory or otherwise to act in a particular manner; b) that the said authority failed in performing such obligation; c) that such failure has resulted in some specific violation of a fundamental right of either the petitioner or an indeterminate class of persons. Sample and brief format of Writ of Mandamus to High Court is given below. This is only body of the Writ Petition. Please include other details also: Hindi:- बर्खास्तगी आदेश को रद्द करने, याचिकाकर्ता को बहाल करने और वेतन वापस करने के लिए संविधान के अनुच्छेद 226 के तहत उच्च न्यायालय में परमादेश की रिट याचिका। परमादेश की एक रिट एक प्राधिकरण को किसी विशेष कार्य को करने या करने से परहेज करने का निर्देश है। उदाहरण के लिए, अधिनियमों के तहत यातायात नियमों को सख्ती से लागू करने के लिए पुलिस विभाग को एक रिट। परमादेश जारी करने के लिए, यह दिखाया जाना चाहिए: ए) कि प्राधिकरण एक विशेष तरीके से कार्य करने के लिए दायित्व, वैधानिक या अन्यथा के अधीन था; बी) उक्त प्राधिकारी ऐसी बाध्यता को पूरा करने में विफल रहे; ग) कि इस तरह की विफलता के परिणामस्वरूप या तो याचिकाकर्ता या व्यक्तियों के अनिश्चित वर्ग के मौलिक अधिकार का कुछ विशिष्ट उल्लंघन हुआ है। उच्च न्यायालय को परमादेश की रिट का नमूना और संक्षिप्त प्रारूप नीचे दिया गया है। यह रिट याचिका का एकमात्र निकाय है। कृपया अन्य विवरण भी शामिल करें: IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL (EXTRA-ORDINARY) JURISDICTION WRIT PETITION (CIVIL) NO. OF 20__ (UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: 1. ________________________ S/o ______________________ R/o_______________________ PETITIONER VERSUS 1. ABC Company Ltd having its registered office at_____ Through its Chairman____ RESPONDENT NO. 1 2. The Managing Director ABC Company Ltd RESPONDENT NO. 2 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR QUASHING THE IMPUGNED ORDER DATED ____PASSED BY RESPONDENT NO.1 AND REINSTATING THE PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES To, The Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble High Court of Delhi. The humble petition of the Petitioner above named. THE PETITIONER MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India praying inter alia for quashing the impugned order dated ____ passed by Respondent No. 1______ and reinstating the petitioner in service with all consequential benefits including back wages. 2. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights guaranteed by the Constitution of India. 3. That respondent No. 1 is a company registered under the Companies Act, 2013 having its registered office at_________. 4. That respondent No. 2 is the Managing Director of the Company with powers of Appointment, termination and manage all day to day affairs of the Company. 5. The respondent-company is wholly owned by the Government of India and is, thus, an instrumentality of state is given in Article 12 of the Constitution. 6. That the petitioner was working as ______________ with respondent-company and was appointed on _______. He has been a diligent employee and been discharging his duties and obligations according to the employment norms and applicable rules of the Respondent Company. 7. That on_____ respondent No. 2 issued the impugned order dated_____ terminating the services of the petitioner without giving an opportunity to be heard to the Petitioner. The petitioner came to be relieved of his duties on ______. A copy of the impugned order is annexed hereto and marked as ANNEXURE-1. 8. The Petitioner states that the order of the termination of the service of the Petitioner was passed without following the due process of the principle of nature justice. 9. That the Petitioner has been discharging his duty as an employee according to the Respondent Company norms and therefore has not committed any act which would constitute as misconduct. GROUNDS 10. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other; a. Because the petitioner being a permanent employee of the respondent-company his services could not be terminating without holding an enquiry under the rules applicable to the employees of the company. b. Because the termination of the Petitioner is against the principle of natural justice as the Respondent was not given opportunity to heard. d. Because the impugned order is arbitrary and contravenes Article 14 and Article 21 of the Constitution. 11. That the Petitioners have no other efficacious remedy except to approach this Hon'ble Court by way of this Petition under Article 226 of the Constitution of India. 12. That the Petitioners have not filed any other petition or preceding in any court or tribunal throughout the territory of India regarding the matter. PRAYERS In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a Writ of Mandamus to the Respondent 1 with a direction for quashing the impugned order and reinstating the Petitioner in service with all consequential benefits including back wages; b) Issue an appropriate Writ Directing the Respondents to pay Cost to the Petitioner; c) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. FILED BY: (________________) ADVOCATE FOR THE PETITIONER DRAWN ON: Drawn by: New Delhi Date: OTHER DOCUMENTS TO BE INCLUDED WITH WRIT PETITION OF MANDAMUS 1. Notice of motion 2. Urgent application 3. Court fee 4. Certificate 5. Synopsis & list of dates 6. Memo of parties 7. Annexure to the Petition 8. Application for exemption from filing certified copies, dim and small font Annexure with affidavit. 9. Vakalatnama on behalf of the petitioner. DRAFTING Gallery www.lawtool.net Previous Next

Re South of England Natural Gas and Petroleum Co. Ltd. 1911 FACT: The shareholders of the company had received copies of the Prospectus with the title that clearly specified that it is meant for private circulation. This was not advertised to the public. JUDGEMENT: The court ruled that the prospectus was a public oer of shares despite the indication that described it as private circulation only. Re South of England Natural Gas and Petroleum Co. Ltd. 1911 Re South of England Natural Gas and Petroleum Co. Ltd. 1911 FACT: The shareholders of the company had received copies of the Prospectus with the title that clearly specified that it is meant for private circulation. This was not advertised to the public. JUDGEMENT: The court ruled that the prospectus was a public oer of shares despite the indication that described it as private circulation only.

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A.K GOPALAN VS. STATE OF MADRAS, 1950 ISSUE AK Gopalan was a Communist leader who was kept in the Madras Jail in 1950 under the Preventive Detention Law. By writ of Habeas Corpus in accordance with Article 32 of the Indian Constitution Law, he tested his detainment while contending that Sections 7, 8, 10, 11, 12, 13, and 14 of the Act abuses Articles 13, 19, and 21 of the Indian Constitution and along these lines, the said Act is ultra vires of the essential thing arrangements as revered under the Constitution of India. The solicitor further represented the issue of the Indian Constitution’s ‘method characterized by resolution’ condition. The case involved the following issues: • Whether section 7, 8, 10, 11, 12, 13 and 14 are ultra-virus and violates the Art. 13, 19 and 21. • Whether article 19 and 21 are interrelated to each other in the protection of life and liberty. • Whether the detention of the petitioner under the Preventive Detention Act, 1950 is illegal. • Whether article 22 is the complete code in itself while dealing with preventive detention cases. JUDGMENT Then again, while dismissing the applicant’s contentions, the Hon’ble Supreme Court of India fought that Article 22 of the Indian Constitution is an independent Code and that he was kept by the system set up by law. The court additionally held that if an individual’s freedom is removed by the State as per the system set up by law for example in the event that the detainment was according to the technique of law, at that point it can’t be said that it disregards the arrangements contained in Article 14, 19 and 21 of the Constitution of India. In this specific case, the Supreme Court took a restricted perspective on Article 21 of the Constitution of India. While applying the regulation of severability, the zenith court pronounced segment 14 as void as it discovers it to be unconstitutional and violative of the key rights. Court stated the rule of system set up by law and proclaimed the use of fair treatment condition and worldwide common liberties contracts unimportant in Indian premises. Further, the court proclaimed segments 7, 8, 10, 11, 12, and 13 as intrainfection the constitutions, thus legitimate. At long last, the Court found that the detainment was legitimate and thus writ was discarded in like manner. A.K GOPALAN VS. STATE OF MADRAS, 1950 A.K GOPALAN VS. STATE OF MADRAS, 1950 ISSUE AK Gopalan was a Communist leader who was kept in the Madras Jail in 1950 under the Preventive Detention Law. By writ of Habeas Corpus in accordance with Article 32 of the Indian Constitution Law, he tested his detainment while contending that Sections 7, 8, 10, 11, 12, 13, and 14 of the Act abuses Articles 13, 19, and 21 of the Indian Constitution and along these lines, the said Act is ultra vires of the essential thing arrangements as revered under the Constitution of India. The solicitor further represented the issue of the Indian Constitution’s ‘method characterized by resolution’ condition. The case involved the following issues: • Whether section 7, 8, 10, 11, 12, 13 and 14 are ultra-virus and violates the Art. 13, 19 and 21. • Whether article 19 and 21 are interrelated to each other in the protection of life and liberty. • Whether the detention of the petitioner under the Preventive Detention Act, 1950 is illegal. • Whether article 22 is the complete code in itself while dealing with preventive detention cases. JUDGMENT Then again, while dismissing the applicant’s contentions, the Hon’ble Supreme Court of India fought that Article 22 of the Indian Constitution is an independent Code and that he was kept by the system set up by law. The court additionally held that if an individual’s freedom is removed by the State as per the system set up by law for example in the event that the detainment was according to the technique of law, at that point it can’t be said that it disregards the arrangements contained in Article 14, 19 and 21 of the Constitution of India. In this specific case, the Supreme Court took a restricted perspective on Article 21 of the Constitution of India. While applying the regulation of severability, the zenith court pronounced segment 14 as void as it discovers it to be unconstitutional and violative of the key rights. Court stated the rule of system set up by law and proclaimed the use of fair treatment condition and worldwide common liberties contracts unimportant in Indian premises. Further, the court proclaimed segments 7, 8, 10, 11, 12, and 13 as intrainfection the constitutions, thus legitimate. At long last, the Court found that the detainment was legitimate and thus writ was discarded in like manner.

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