GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: five and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stifled by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights. GOLAK NATH VS. STATE OF PUNJAB, 1967 GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: five and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stifled by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights.

1. This Rule was issued by this Court under Order IV, rule 30 of the Rules of this Court after receipt of a report from the Bombay High Court that that High Court had, by its order made on the 13th October, 1955 in Civil Application No. 1506 of 1955, suspended the respondent from practice as an Advocate of that High Court for a period of one year from the date of the said order. By the rule the respondent has been required to show cause why, in view of the matter specified in the judgment and order of the Bombay High Court referred to above, appropriate action, disciplinary or otherwise, should not be taken against him by this Court. 2. The respondent is an Advocate of some standing in the Bombay High Court and as such was also enrolled as an Advocate of this Court. It appears that in the earlier part of the year 1953 the Advocate was prosecuted before Mr. Sonavane, one of the Presidency Magistrates at Bombay, on a charge of having committed an offence under the Bombay Prohibition Act. The trial lasted from July 1953 to November 1953. On the 18th November, 1953 the Magistrate convicted the Advocate of the offence with which he was charged and sentenced him to rigorous imprisonment for one month and to a fine of Rs. 201 and to rigorous imprisonment of four weeks in default of payment of the fine. The Advocate went up on appeal to the High Court. The High Court on the 24th February, 1954 upheld the conviction but altered the sentence to one of fine of Rs. 1,000 only. 3. In the meantime, on the 25th November, 1953, the trial Magistrate, Mr. Sonavane, made a report to the Registrar (Appellate Side) of the Bombay High Court as to the conduct of the Advocate who appeared in person as the accused before him. On a perusal of that report the Hon'ble the Chief Justice of the Bombay High Court constituted a Tribunal consisting of three members of the Bar Council to enquire into the conduct of the Advocate. The Tribunal issued a summons against the Advocate intimating that it would enquire into his conduct as disclosed in :- (a) the report dated the 25th November, 1953, of Shri T. A. Sonavane, B.A. LL.B., Presidency Magistrate, 18th Court, Girgaum, Bombay, to the Registrar, High Court, Appellate Side, Bombay, regarding Case No. 593/P of 1953 tried by him, and (b) the judgment recorded by the High Court of Judicature at Bombay in Criminal Appeal No. 1532 of 1953 (with Criminal Appeal No. 1564 of 1953) upholding the judgment and order of conviction passed against him by the aforesaid learned Magistrate in the aforesaid case. 4. The proceedings appear to have been somewhat protracted by reason of frequent objections made and petitions filed by the respondent but eventually on or about the 16th March, 1955 the respondent forwarded to the Secretary to the Bar Council Tribunal a copy of a letter addressed by him to the Registrar, High Court, Bombay, and requested the Tribunal to send a report to the High Court in terms of his pleading guilty to the charges leveled against him. He concluded the letter by expressing regret for having wasted the time of the Tribunal. In his letter to the Registrar, the respondent enclosed a separate written apology unconditionally withdrawing his contention that the proceedings before the Tribunal were misconceived in law and admitting that the High Court had full authority in law to refer the matter to the Bar Council Tribunal and further that the statements made by Mr. Sonavane in his report were true except in two respects therein specified. On the 28th March, 1955 the respondent submitted an additional statement clarifying and supplementing his previous apology. Thereupon the Tribunal made a report to the High Court. By this report the Tribunal held, on the respondent's own admission, the allegations in the report of Mr. Sonavane to be proved and recommended that a very serious notice should be taken of the respondent's conduct. As regards the second item in the summons the Tribunal held that the mere conviction of the respondent under the Prohibition Act did not amount to professional or other misconduct under section 10 of the Indian Bar Councils Act and, therefore, found him not guilty of that charge. 5. On a perusal of that report the High Court issued notice to the respondent for final hearing of the matter. The matter came up for final disposal before a Bench consisting of the Chief Justice and Tendolkar, J. on 13th October, 1955. Learned counsel appearing for the respondent offered an unconditional and unqualified apology on behalf of the respondent and pleaded that the ends of justice would be met if the Court only administered a warning to the respondent. After considering the report of the Tribunal the High Court took the view that the misconduct of the respondent was so serious and so grave that a deterrent punishment must be imposed on him. Accordingly, taking everything into consideration, the High Court suspended the respondent from practice for a period of one year from the date of that order. The respondent's application for a certificate of fitness for appeal to this Court having been refused, the respondent filed a petition for special leave to appeal before us. That petition has, however, been dismissed by us. The rule for disciplinary action now remains to be dealt with. 6. In answer to the rule the respondent has filed a petition by way of showing cause. Paragraph 7 of that petition runs as follows :-"7. That the report of the learned Presidency Magistrate, 18th Court, is a highly exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case. And looking to the circumstances under which the petitioner was more or less compelled to tender a humiliating apology, this Hon'ble Court be pleased to direct that a proper inquiry be held in the matter by or under the directions of this Hon'ble Court". 7. Appearing in person before us the respondent has contended with a certain amount of vehemence that he had not had any fair deal before the Tribunal, that the Tribunal had no jurisdiction to enter upon the enquiry inasmuch as the misconduct complained of was not committed by him in his capacity as an Advocate, for he appeared in person as the accused in the Prohibition case, that the Tribunal had at one stage held that it had no jurisdiction but had without giving him a hearing gone back on that decision and declined to decide that question in his presence, that the Tribunal failed to formulate any formal charge, that he made an application to the High Court under article 227 for quashing the proceedings for want of jurisdiction but the High Court had rejected that application and declined to give him a certificate of fitness for appeal to this Court and pointed out various other matters which he characterised as showing prejudice and bias on the part of the Tribunal. 8. It was pointed out to the respondent that his application for special leave to appeal from the judgment and order of the High Court having been dismissed we were not, in this Rule, concerned with the proceedings in the Bombay High Court or before the Tribunal of the Bar Council as observed by this Court in In the matter of Mr. G, a Senior Advocate of the Supreme Court . The respondent then fell back upon paragraph 7 of his petition quoted above and asked this Court to hold a fresh enquiry into the matter. From the judgment of the Bombay High Court which is referred to in the Rule issued herein it appears that the respondent had admitted the truth of everything contained in Mr. Sonavane's report except two matters only. In his present petition showing cause he does not, apart from a vague allegation that the report is an exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case, refer to and particular statement therein which is exaggerated garbled or incorrect. In view of his unconditional admission of the truth of the statements in the report of Mr. Sonavane we are not prepared to permit him to go back on the same on such vague allegations as are to be found in paragraph 7 of his petition. It is needless for us to emphasise that a person holding the responsible position of an Advocate of a High Court and of this Court cannot be permitted to play with the Court in the way this Advocate has done. He admitted the correctness of the report, confessed his guilt and tendered an unconditional apology evidently in the hope that he would get away with it by merely tendering an apology. Finding that the tactics did not work with the High Court as he expected the same to do, he now wants to charge his tactics by asking for an enquiry which he had himself avoided by means of his admission and apology. This we are not prepared to permit to do. We have carefully gone through the report of Mr. Sonavane and we find ourselves in entire agreement with the High Court when it says that that report makes an extremely sad reading. The conduct of the respondent in the criminal trial was, as pointed out by the High Court, entirely indefensible by any standard. It discloses a continuous and persistent attempt on the part of the respondent to be rude to and contemptuous of the Magistrate, to hold up the trial and to do everything in his power to bring the administration of justice into contempt. Such a conduct, in our opinion, merits severe condemnation. 9. The respondent has drawn our attention to the case of In re Thomas James Wallace ([1866] L.R. 1 P.C. 283), which was followed in In re An Advocate of Benares . We do not conceive that the Privy Council intended to lay down any fixed and rigid rule of law or did anything more than indicate the course which, in the circumstances of that case, it considered to be reasonable, satisfactory and convenient and the Allahabad case simply followed the same. As has been held by a Full Bench of the Bombay High Court in The Advocate-General of Bombay v. Three Advocates ([1934] I.L.R. 59 Bom. 57), the Indian Legislature by using the words "professional or other misconduct" in section 10 of the Indian Bar Councils Act intended to confer on the Court disciplinary jurisdiction to take action in all cases of misconduct whether in a professional or other capacity leaving it to the discretion of Court to take action only in suitable cases. To the like effect is the decision of a Special Bench of the Calcutta High Court in In the matter of an Advocate ([1936] I.L.R. 63 Cal. 867). The pleader concerned in the case of In re a Pleader (I.L.R. [1943] Mad. 459), was certainly not, by shouting slogans in Court, functioning as an Advocate, nevertheless he was dealt with under section 13(f) of the Legal Practitioners Act. Wallace's case (supra) was not a decision on any statutory provision such as we have in the Legal Practitioners Act or the Bar Councils Act. 10. For the reasons stated above and in view of the conduct of the Advocate seen in the light of the surrounding circumstances we are clearly of opinion that the Advocate should, by reason of his having indulged in conduct unworthy of a member of the honourable profession to which he belongs, be suspended from practice for some time. He is an Advocate of this Court and according to a majority decision of this Court he is entitled, under the Supreme Court Advocates (Practice in High Courts) Act, to exercise his profession in all Courts throughout the Union of India. Any suspension for a period less than the period fixed by the Bombay High Court will obviously lead to serious anomaly and inconvenience. We accordingly direct that the Advocate concerned be suspended from practice for a period co-terminous with the period of suspension fixed by the Bombay High Court, namely, up to the 13th October, 1956. Re: D An Advocate Of The Supreme ... vs Unknown on 23 November, 1955 1. This Rule was issued by this Court under Order IV, rule 30 of the Rules of this Court after receipt of a report from the Bombay High Court that that High Court had, by its order made on the 13th October, 1955 in Civil Application No. 1506 of 1955, suspended the respondent from practice as an Advocate of that High Court for a period of one year from the date of the said order. By the rule the respondent has been required to show cause why, in view of the matter specified in the judgment and order of the Bombay High Court referred to above, appropriate action, disciplinary or otherwise, should not be taken against him by this Court. 2. The respondent is an Advocate of some standing in the Bombay High Court and as such was also enrolled as an Advocate of this Court. It appears that in the earlier part of the year 1953 the Advocate was prosecuted before Mr. Sonavane, one of the Presidency Magistrates at Bombay, on a charge of having committed an offence under the Bombay Prohibition Act. The trial lasted from July 1953 to November 1953. On the 18th November, 1953 the Magistrate convicted the Advocate of the offence with which he was charged and sentenced him to rigorous imprisonment for one month and to a fine of Rs. 201 and to rigorous imprisonment of four weeks in default of payment of the fine. The Advocate went up on appeal to the High Court. The High Court on the 24th February, 1954 upheld the conviction but altered the sentence to one of fine of Rs. 1,000 only. 3. In the meantime, on the 25th November, 1953, the trial Magistrate, Mr. Sonavane, made a report to the Registrar (Appellate Side) of the Bombay High Court as to the conduct of the Advocate who appeared in person as the accused before him. On a perusal of that report the Hon'ble the Chief Justice of the Bombay High Court constituted a Tribunal consisting of three members of the Bar Council to enquire into the conduct of the Advocate. The Tribunal issued a summons against the Advocate intimating that it would enquire into his conduct as disclosed in :- (a) the report dated the 25th November, 1953, of Shri T. A. Sonavane, B.A. LL.B., Presidency Magistrate, 18th Court, Girgaum, Bombay, to the Registrar, High Court, Appellate Side, Bombay, regarding Case No. 593/P of 1953 tried by him, and (b) the judgment recorded by the High Court of Judicature at Bombay in Criminal Appeal No. 1532 of 1953 (with Criminal Appeal No. 1564 of 1953) upholding the judgment and order of conviction passed against him by the aforesaid learned Magistrate in the aforesaid case. 4. The proceedings appear to have been somewhat protracted by reason of frequent objections made and petitions filed by the respondent but eventually on or about the 16th March, 1955 the respondent forwarded to the Secretary to the Bar Council Tribunal a copy of a letter addressed by him to the Registrar, High Court, Bombay, and requested the Tribunal to send a report to the High Court in terms of his pleading guilty to the charges leveled against him. He concluded the letter by expressing regret for having wasted the time of the Tribunal. In his letter to the Registrar, the respondent enclosed a separate written apology unconditionally withdrawing his contention that the proceedings before the Tribunal were misconceived in law and admitting that the High Court had full authority in law to refer the matter to the Bar Council Tribunal and further that the statements made by Mr. Sonavane in his report were true except in two respects therein specified. On the 28th March, 1955 the respondent submitted an additional statement clarifying and supplementing his previous apology. Thereupon the Tribunal made a report to the High Court. By this report the Tribunal held, on the respondent's own admission, the allegations in the report of Mr. Sonavane to be proved and recommended that a very serious notice should be taken of the respondent's conduct. As regards the second item in the summons the Tribunal held that the mere conviction of the respondent under the Prohibition Act did not amount to professional or other misconduct under section 10 of the Indian Bar Councils Act and, therefore, found him not guilty of that charge. 5. On a perusal of that report the High Court issued notice to the respondent for final hearing of the matter. The matter came up for final disposal before a Bench consisting of the Chief Justice and Tendolkar, J. on 13th October, 1955. Learned counsel appearing for the respondent offered an unconditional and unqualified apology on behalf of the respondent and pleaded that the ends of justice would be met if the Court only administered a warning to the respondent. After considering the report of the Tribunal the High Court took the view that the misconduct of the respondent was so serious and so grave that a deterrent punishment must be imposed on him. Accordingly, taking everything into consideration, the High Court suspended the respondent from practice for a period of one year from the date of that order. The respondent's application for a certificate of fitness for appeal to this Court having been refused, the respondent filed a petition for special leave to appeal before us. That petition has, however, been dismissed by us. The rule for disciplinary action now remains to be dealt with. 6. In answer to the rule the respondent has filed a petition by way of showing cause. Paragraph 7 of that petition runs as follows :-"7. That the report of the learned Presidency Magistrate, 18th Court, is a highly exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case. And looking to the circumstances under which the petitioner was more or less compelled to tender a humiliating apology, this Hon'ble Court be pleased to direct that a proper inquiry be held in the matter by or under the directions of this Hon'ble Court". 7. Appearing in person before us the respondent has contended with a certain amount of vehemence that he had not had any fair deal before the Tribunal, that the Tribunal had no jurisdiction to enter upon the enquiry inasmuch as the misconduct complained of was not committed by him in his capacity as an Advocate, for he appeared in person as the accused in the Prohibition case, that the Tribunal had at one stage held that it had no jurisdiction but had without giving him a hearing gone back on that decision and declined to decide that question in his presence, that the Tribunal failed to formulate any formal charge, that he made an application to the High Court under article 227 for quashing the proceedings for want of jurisdiction but the High Court had rejected that application and declined to give him a certificate of fitness for appeal to this Court and pointed out various other matters which he characterised as showing prejudice and bias on the part of the Tribunal. 8. It was pointed out to the respondent that his application for special leave to appeal from the judgment and order of the High Court having been dismissed we were not, in this Rule, concerned with the proceedings in the Bombay High Court or before the Tribunal of the Bar Council as observed by this Court in In the matter of Mr. G, a Senior Advocate of the Supreme Court . The respondent then fell back upon paragraph 7 of his petition quoted above and asked this Court to hold a fresh enquiry into the matter. From the judgment of the Bombay High Court which is referred to in the Rule issued herein it appears that the respondent had admitted the truth of everything contained in Mr. Sonavane's report except two matters only. In his present petition showing cause he does not, apart from a vague allegation that the report is an exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case, refer to and particular statement therein which is exaggerated garbled or incorrect. In view of his unconditional admission of the truth of the statements in the report of Mr. Sonavane we are not prepared to permit him to go back on the same on such vague allegations as are to be found in paragraph 7 of his petition. It is needless for us to emphasise that a person holding the responsible position of an Advocate of a High Court and of this Court cannot be permitted to play with the Court in the way this Advocate has done. He admitted the correctness of the report, confessed his guilt and tendered an unconditional apology evidently in the hope that he would get away with it by merely tendering an apology. Finding that the tactics did not work with the High Court as he expected the same to do, he now wants to charge his tactics by asking for an enquiry which he had himself avoided by means of his admission and apology. This we are not prepared to permit to do. We have carefully gone through the report of Mr. Sonavane and we find ourselves in entire agreement with the High Court when it says that that report makes an extremely sad reading. The conduct of the respondent in the criminal trial was, as pointed out by the High Court, entirely indefensible by any standard. It discloses a continuous and persistent attempt on the part of the respondent to be rude to and contemptuous of the Magistrate, to hold up the trial and to do everything in his power to bring the administration of justice into contempt. Such a conduct, in our opinion, merits severe condemnation. 9. The respondent has drawn our attention to the case of In re Thomas James Wallace ([1866] L.R. 1 P.C. 283), which was followed in In re An Advocate of Benares . We do not conceive that the Privy Council intended to lay down any fixed and rigid rule of law or did anything more than indicate the course which, in the circumstances of that case, it considered to be reasonable, satisfactory and convenient and the Allahabad case simply followed the same. As has been held by a Full Bench of the Bombay High Court in The Advocate-General of Bombay v. Three Advocates ([1934] I.L.R. 59 Bom. 57), the Indian Legislature by using the words "professional or other misconduct" in section 10 of the Indian Bar Councils Act intended to confer on the Court disciplinary jurisdiction to take action in all cases of misconduct whether in a professional or other capacity leaving it to the discretion of Court to take action only in suitable cases. To the like effect is the decision of a Special Bench of the Calcutta High Court in In the matter of an Advocate ([1936] I.L.R. 63 Cal. 867). The pleader concerned in the case of In re a Pleader (I.L.R. [1943] Mad. 459), was certainly not, by shouting slogans in Court, functioning as an Advocate, nevertheless he was dealt with under section 13(f) of the Legal Practitioners Act. Wallace's case (supra) was not a decision on any statutory provision such as we have in the Legal Practitioners Act or the Bar Councils Act. 10. For the reasons stated above and in view of the conduct of the Advocate seen in the light of the surrounding circumstances we are clearly of opinion that the Advocate should, by reason of his having indulged in conduct unworthy of a member of the honourable profession to which he belongs, be suspended from practice for some time. He is an Advocate of this Court and according to a majority decision of this Court he is entitled, under the Supreme Court Advocates (Practice in High Courts) Act, to exercise his profession in all Courts throughout the Union of India. Any suspension for a period less than the period fixed by the Bombay High Court will obviously lead to serious anomaly and inconvenience. We accordingly direct that the Advocate concerned be suspended from practice for a period co-terminous with the period of suspension fixed by the Bombay High Court, namely, up to the 13th October, 1956.

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. ARGENTINA 1/1 The Constitution establishes a Bill of Rights and Guarantees for all individuals, Argentine or foreign; the inviolability of the right of life, liberty, equality, security and property. The second chapter, added in 1994, deals with public ethics, political rights, environmental protection and consumer rights. ARGENTINA We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assembly the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in order to m a national union, guarantee justice, secure domestic peace, provide for the common defense, promote general welfare and secure the blessings of liberty to ourselves, to our posterity, and to all men of the world who wish to dwell on argentine soil: invoking the protection of God, source of all reason and justice: o ordain, decree, and establish this Constitution for the Argentine Nation.

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. PAKISTAN 1/1 The preamble of the Constitution of Pakistan 1973 states that the sovereignty over the entire universe belongs to Al-Mighty Allah alone and the authority is to be exercised within limits prescribed by him by the people of Pakistan through its elected representatives and the principles of democracy , freedom, equality, ... Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people of Pakistan to establish an order Wherein the State shall exercise its powers and authority through the chosen representatives of the people, Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah: Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such baoundries and limitaions on their powers and authority as may be prescribed . Therein shall be guaranteed tundamental rights, including equality of status, of opportunity and before law, social, economie and political justice, and freedom of thought, expression, belief, faith, worship and with such boundaries and limitations on their powers and authority as may be prescribed, association, subject to law and public morality Wherein adegquate provision shall be made to safeguard the legitimate interests of minorities and May backward and depressed classes: Wherein the independence of the judiciary shall be fully secured: Wherein the integrity of the territories of the Federation, its independence and all its rights, including its So that the people of Pakistan may prosper and attain their rightful and honoured place armongst the sovereign rights on land, sea and air, shall be safeguanded; nahions of the Wotld and make their full contribution towards international peace and prognese happiness of humanity: Now, therefore. we, the people of Pakistan, Cognisant of our responsibility before Almighty Alialrand men; Cognisant of the sacrifices made by the people in the cause of Pakistar: Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali linneh it Pakistan would be a democratic State based on Islamic principies of social justice, Dedicated to the preservation of democracy achieved by the unremitting struggle of the people again oppression and tyranny: Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our zepresentatives in the National Assermbly, adoapt, enact and give to ourselyes, thin Constitution .

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 BAIL APPLICATION BAIL APPLICATION:- The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance, the bond is forfeited. Hindi Meaning जमानत आवेदन:- जमानत की अवधारणा का एक लंबा इतिहास है और इसकी जड़ें अंग्रेजी और अमेरिकी कानून में गहरी हैं। मध्ययुगीन इंग्लैंड में, अप्रशिक्षित कैदियों को बीमारी से ग्रस्त जेलों से मुक्त करने की आवश्यकता से रिवाज बढ़ गया, जबकि वे यात्रा करने वाले न्यायाधीशों द्वारा किए गए विलंबित परीक्षणों की प्रतीक्षा कर रहे थे, कैदियों को जमानत दी गई थी, या वितरित किया गया था, अपने स्वयं के चुने हुए तीसरे पक्ष के लिए जिन्होंने जिम्मेदारी स्वीकार की थी परीक्षण में उनकी उपस्थिति सुनिश्चित करने के लिए। यदि आरोपी पेश नहीं होता तो उसके स्थान पर उसके जमानतदार पर मुकदमा चलेगा। यह संपत्ति के मालिकों के लिए प्रथा बन गई, जिन्होंने व्यक्तियों को पैसे जब्त करने का आश्वासन देने की जिम्मेदारी स्वीकार की, जब उनके आरोप परीक्षण के लिए उपस्थित होने में विफल रहे। गैर-उपस्थिति की स्थिति में, जमानत जब्त के लिए है। BAIL APPLICATION www.lawtool.net The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance the bond is for feited. 'Bail' in English common law is the freeing or setting at liberty of one arrested or imprisoned or imprisoned upon any action, either civil or Criminal, on surety taken for his appearance on certain day and a place named. Under the Indian law the word 'bail ' has not been defined in the code Criminal procedure 1973 have defined the expression 'bailable offence' and non- bailable offence respectively in section 4( 1) (b) and sec; 2 (a). The word 'bail' means the security for a prisoner's appearance for trial. The effect of granting bail is accordingly not to set the prisoner free from jailor custody, but to release him form the custody of law and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place. Under the provisions of Cr P.C., bails may be studied under three heads: (1) Bails in bailable offences. (2) Bails in non-offences. (3) Anticipatory Bail. 1. Bails in Bailable offences - where an arrested person is accused of a bailable offence he shall be released on bail at any time while n custody, if he is prepared to give bail. But the officer in charge of a police station detaining the accused without a warrant may, instead of taking bail form such person, discharge him on executing a bond without sureties for his appearance. In every bailable offence bail is granted as a matter of favour. No discretion has been granted to courts in such cases. The granting of bail is imperative under sec. 436 of code of Criminal Procedure. Where a person fails to comply with the conditions of the bail bond regarding time and place of attendance, the court may refuse to release him on bail, when on a subsequent accession in the same the appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bond by such bond to pay the penalty there of under sec. 446 in which the procedure when bond his been for feinted is given. 2.Bails in Non-Bailable Offences : All offences which do not fall under the category of bailable offences are non-bailable offences.A person accused of a non-bailable offence maybe released on bail, subject to certain restrictions. Sec. 437, Cr P.C., lays down that a person arrested for a non-bailable offence shall not be so relapsed if there appears reasonable grandees for believing that he has been guilty of an offence punishable with death or imprisonment for life. But there is also an exemption in the section, in the case of a person under the age. Of sixteen years or any woman or any sick or infirm person identification by witnesses is no ground for refusing bail. 3.Anticipatory Bails: Sec. 438 Cr. P.C. 1973 says the issuance of a direction that in the event of arrest of the application he shall be released on bail. Sec. 438 confers power on the High Court as also the Court of Session to grant bail to any person apprehending arrest on an accusation of having committed a non-billable offence in anticipation of his arrest, which is called anticipatory bail. The object of this section is that if a person has already obtained an order from the session judge or the High Court, he would be released immediately without having to undergo the rigours of jail even for a few days which would necessarily be taken up if he has to apply for bail after arrest. Application for Anticipatory bail and its Contents It is unrealistic to expect the applicant to draw up his application with the meticulousness of a pleading in a civil case and such is not the requirement of the section. But specific events and facts must be disclosed by the applicant in order to enable the court to judge the reasonableness of his belief. Apart from the fact that the very language of the statute compels this contraction there is an important principle involved in the insistence that facts on the basic of which a direction under sec. 438 (1) is sought must be clear and specific, not vague and general it is only by the observance of that principle that a possible conflict between the right of an individual to his liberty and the right of the police to on investigate into crimes reported to them can be avoided. Rule of prudence requires that the notice should be given to the other side before passing a final order for anticipatory bail so that wrong order of anticipatory bail so that wrong order of anticipatory bail is not obtained by a party placing incorrect or misleading facts or suppressing material facts. Authorities Competent to grant bail Police officers, Magistrates, courts and Government are empowered to grant bail under the various provisions of the code of Criminal Procedure code. (a) Police Officers: Police officer are empowered to grant bail to persons arrested without a warrant under sec. 41 (when police may arrest without warrant) or sec. 42 (Arrest on refusal to give name and residence) or Sec. 43 (Arrest by private person and procedure on such arrest) or Sec. 151 Cr. P.C. (Arrest to prevent the Commission of cognizable offences) or to a person arrested under a available warrant issued by a court, or to accused person to appear before the court when required. (b) Magistrates and Courts: The Magistrates and Court are empowered to grant bail to any accused person. The provisions elating to bail are laid down in various sections of the Cr. P.C. like 436 to 439 in chapter XXIII of the Cr. P.C. the question of granting bail for apprehending arrest has been provided in sec. 438 of Cr.P.C. (c) Government: Under sec.339 Cr. P.C. the Government may, upon and application who is lunatic and on such relations or friends giving security to the satisfaction of the state Government concerned, Order relatively or friend. Under sec. 432 Cr.P.C. The Government is empowered to suspend or remit sentence. The usual practice is that a person desiring bail should first approach the lower court, but this practice is not inflexible because under sec 439 Cr P.C. special power have been conferred on the High Court or the court of session regarding bail. Further when a person has reason to believe that he may/be arrested on an accusation of having committed a non-bailable offence he may under sec, 438 Cr P.C. apply to the High Court or the court of session for a direction under the said section and that the Court may if it thinks fit direct in the event such arrest that he shall be released on bail. In order to enable the judge to decide whether bail should be granted or not and what exactly are the terms on which he should be granted bail. It would be advantageous of notice is given to the public prosecutor. Though there is no provision which compels the court to give notices to the public prosecutor before granting bail the court has such power to direct notice in appropriate cases. Since bail in bailable cases is a matter of right for the accused to be enlarged on bail, there is no scope for giving notice to the Public prosecutor. The circumstances which should be weighted on behalf of the prosecution and against the accused are: 1)That there is every liklyhood that the accused will be absconding on his release. 2)That there is a reasonable apprehension that the accused might tamper with the evidence of the prosecution witnesses by his influence where by the prosecution would be hindered and would not get a fair opportunity of adducing incriminating evidence against the accused. 3)That there is danger of such offence being repeated and continued etc. FORM OF BAIL APPLICATION It is also keep in mind by the students that so long as an accused is not charge-sheeted, the case against him is not numbered as the court case on its file; and hence it is referred as Cr P.C. No. (Crime Register Number) which relates to the particular Police station to which the offence has been reported to. But, as soon as the charge-sheet is filed in the court, the case s numbered as Court-case on its file. DRAFTING Gallery www.lawtool.net Previous Next

Mathura's Gang Rape Case. The day of 26th March 1972, considered as the black day in the history of empowerment of women. On 26 March 1972, Mathura rape case became the episode of custodial rape in India, where Mathura,a young harijan girl, was badly raped by two policemen on the compound of Desaiganj Police Station in Chandrapur district, of Maharashtra as it led to amendments in Rape Law via TheCriminal Law Amendment of 1983. The judgment is given by Justice Jaswant Singh, Kalisam and Khosal who were highly criticized by the people for their legal fallacies and the interpretation of the law for ambiguous and the sexiest tone. Then after the Supreme Courtacquitted the accused, there was a huge public outcry and protests against the laws of the country. FACTS OF THE CASE: A young tribal girl named Mathura lived with her brother Gama She worked as the laborer at the Nushi's house for the employment. During the period of employment she developed the sexual relations with the son of Nushi's sister, Ashok. They decided to get married. Her brother filed a complaint to the police ensuring that Mathura had been kidnapped by Nushi, her husband Laxman and Ashok on 26th of March, 1972. The statements of Ashok and Mathura were recorded at about 10:30 P.M., and the head constable Baburao asked all the persons to leave witha direction to Gama to bring a copy of the entry regarding the birth date of Mathura. Theappellants also asked Mathura to stay at the police station only. Thereafter closing the doors andturning off the lights inside, Ganpat, the appellant No.1 took Mathura to the washroom and rapedher. After the Ganpat was done, the appellant No. 2 Tukaram, tried to rape her but failed due to highly intoxication but touched her private parts. After the incident Mathura was examined by the doctor and found no injury on her body. Theexaminer did not found the symptoms of semen, even on the pubic hair. The semen however found on the girl's clothes. After examining her doctors has also estimated the age of Mathura as between 14 to 16 years. JUDGMENT BY THE SESSION JUDGE: The session court held that both of the accused are not liable for the offence of rape because the intercourse between the girl and accused was a “consensual sexual intercourse” as the girl was habituated to the sexual intercourse. And also she was scared of Ashok and Nushi that is why she had not made any sound. The district judge therefore acquitted both of the appellants. JUDGMENT BY THE HIGH COURT: The Bombay High Court has reversed the order of the Session Court and held that the sexualintercourse was a rape and not a consensual sexual intercourse. It is proved by the evidence thatsince, both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill the sexual needs of her. JUDGMENT BY THE SUPREME COURT: The appellant contended for the special leave. And Supreme Court again converted the decision of the High Court and acquitted the accused. It was agreed with the decision of the Session Judgeand held that this was a case of consensual sexual intercourse. On this spot the Supreme Court more added that as “no marks of injury” were found on Mathura’s body there was “no battle” on her part and since she did not “raise an alarm” for help she “consented to sex". ISSUES BEFORE THE COURT: 1. Whether there was consent of girl? 2. Whether the appellant No.1 and No.2 will be charged for Section 376 of Indian Penal Code? 3. Whether the act of police officer will amount to rape? 4. Whether the grounds of acquittal of the police officer by the Court are valid? TukaRam vs State Of Maharashtra on 15 September, 1978 Mathura's Gang Rape Case. The day of 26th March 1972, considered as the black day in the history of empowerment of women. On 26 March 1972, Mathura rape case became the episode of custodial rape in India, where Mathura,a young harijan girl, was badly raped by two policemen on the compound of Desaiganj Police Station in Chandrapur district, of Maharashtra as it led to amendments in Rape Law via TheCriminal Law Amendment of 1983. The judgment is given by Justice Jaswant Singh, Kalisam and Khosal who were highly criticized by the people for their legal fallacies and the interpretation of the law for ambiguous and the sexiest tone. Then after the Supreme Courtacquitted the accused, there was a huge public outcry and protests against the laws of the country. FACTS OF THE CASE: A young tribal girl named Mathura lived with her brother Gama She worked as the laborer at the Nushi's house for the employment. During the period of employment she developed the sexual relations with the son of Nushi's sister, Ashok. They decided to get married. Her brother filed a complaint to the police ensuring that Mathura had been kidnapped by Nushi, her husband Laxman and Ashok on 26th of March, 1972. The statements of Ashok and Mathura were recorded at about 10:30 P.M., and the head constable Baburao asked all the persons to leave witha direction to Gama to bring a copy of the entry regarding the birth date of Mathura. Theappellants also asked Mathura to stay at the police station only. Thereafter closing the doors andturning off the lights inside, Ganpat, the appellant No.1 took Mathura to the washroom and rapedher. After the Ganpat was done, the appellant No. 2 Tukaram, tried to rape her but failed due to highly intoxication but touched her private parts. After the incident Mathura was examined by the doctor and found no injury on her body. Theexaminer did not found the symptoms of semen, even on the pubic hair. The semen however found on the girl's clothes. After examining her doctors has also estimated the age of Mathura as between 14 to 16 years. JUDGMENT BY THE SESSION JUDGE: The session court held that both of the accused are not liable for the offence of rape because the intercourse between the girl and accused was a “consensual sexual intercourse” as the girl was habituated to the sexual intercourse. And also she was scared of Ashok and Nushi that is why she had not made any sound. The district judge therefore acquitted both of the appellants. JUDGMENT BY THE HIGH COURT: The Bombay High Court has reversed the order of the Session Court and held that the sexualintercourse was a rape and not a consensual sexual intercourse. It is proved by the evidence thatsince, both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill the sexual needs of her. JUDGMENT BY THE SUPREME COURT: The appellant contended for the special leave. And Supreme Court again converted the decision of the High Court and acquitted the accused. It was agreed with the decision of the Session Judgeand held that this was a case of consensual sexual intercourse. On this spot the Supreme Court more added that as “no marks of injury” were found on Mathura’s body there was “no battle” on her part and since she did not “raise an alarm” for help she “consented to sex". ISSUES BEFORE THE COURT: 1. Whether there was consent of girl? 2. Whether the appellant No.1 and No.2 will be charged for Section 376 of Indian Penal Code? 3. Whether the act of police officer will amount to rape? 4. Whether the grounds of acquittal of the police officer by the Court are valid?

Reading bare act is very essential to understand laws; it is the exact text of a particular enactment by legislature. ... In this article, we will learn how to read Bare Act to understand laws. There are some methods or techniques, which you can follow while reading Bare Acts for a clear understanding of the law. Bare Acts - Live Reading Bare Act is very essential to understand laws; it is the exact text of a particular enactment by legislature. ... In this article, we will learn how to read Bare Act to understand laws. There are some methods or techniques, which you can follow while reading Bare Acts for a clear understanding of the law. www.lawtool.net THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) An Act to consolidate and amend the law) relating to the import, transport, storage, production, refining and blending of petroleum [16th September, 1934] Whereas it is expedient to consolidate and amend the law relating to import, transport, storage, production, refining and blending of petroleum. It is hereby enacted as follows: Click Here 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:- Click Here 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. Click Here Criminal and Motor Accident Laws Indian Penal Code, 1860 Motor Vehicles Act, 1988 Motor Vehicles (AMENDMENT) Act 2000 Personal Injuries (Emergency Provisions) Act, 1962 Prevention of Corruption Act, 1988 Prevention of Terrorism Act 2002 The Central Motor Vehicles Rules, 1989 The Code of Criminal Procedure, 1973 The Criminal Law Amendment Act, 1938 The Criminal Law Amendment Act, 1961 The Criminal Law Amendment Act, 1993 The Criminal Law Amendment Act, 1990 The Criminal Law (Amendment) Act, 2013 The Fatal Accidents Act, 1855 The Juvenile Justice Act, 1986 The Juvenile Justice (Care and Protection of Children) Act, 2000 The Negotiable Instruments Act, 1881 The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 The Terrorist Affected Areas (Special Courts) Act 1984 The Terrorist and Disruptive Activities (Prevention) Act, 1987 The Unlawful Activities (Prevention) Amendment Act 2004 The Unlawful Activities (Prevention) Amendment Act 2008 The Unlawful Activities (Prevention) Act 1967 The Prisoners (Attendance in Courts) Act, 1955 The Prevention of Seditious Meetings Act, 1911 The Prisoners Act, 1900 The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 Defence Law Air Force Act, 1950 The Army Act, 1950 The Reserve and Auxiliary Air Forces Act, 1952 The Armed Forces Tribunal Act 2007 The Navy Act, 1957 Air Crafts Act, 1934 The Airports Authority Of India Act, 1994 Corporate Law The Companies Act 2013 Companies (Foreign Interests) Act, 1918 Company Law Board Regulations, 1991 THE Companies (Amendment) Act, 2006 The Company Act, 1956 (Repealed) The Company Secretaries Act, 1980 The Companies (Donations To National Funds) Act, 1951 The Hire-Purchase Act, 1972 Indian Contract Act, 1872 The Partnership Act, 1932 The Sale of Goods Act, 1930 Special Economic Zones Act, 2005 The Code of Civil Procedure, 1908 is a procedural law Property Law The Benami Transactions(Prohibitions) Act, 1988 Land Acquisition Act, 1894 Transfer of Property Act 1882 Miscellaneous Laws Constitution of India Citizenship Act, 1955 The Indian Evidence Act, 1872 The Arms Act, 1959 The Limitation Act, 1963 The Life Insurance Corporation Act, 1956 The Specific Relief Act, 1963 Family Law Protection of Women from Domestic Violence Act, 2005. The Dowry Prohibition Act, 1961 The Family Courts Act,1984 The Foreign Marriage Act, 1969 The Guardians And Wards Act, 1890 The Hindu Marriage Act, 1955 The Hindu Minority and Guardianship Act, 1956 The Indian Divorce Act, 1869 The Maternity Benefits Act, 1961 The Muslim Personal Law (Shariat) Application Act, 1937 The Muslim Women (Protection of Rights on Divorce) Act, 1986 The Dissolution of Muslim Marriages Act, 1939 The Special Marriage Act, 1954 The Hindu Succession Act, 1956 The Hindu Adoptions and Maintenance Act, 1956 Indian and Colonial Divorce Jurisdiction Act, 1940 The Anand Marriage Act, 1909 The Arya Marriage Validation Act, 1937 Matrimonial Causes (War Marriages) Act, 1948 The Child Marriage Restraint Act, 1929 Administrators-General Act, 1963 NRI Related Laws The Emigration Act, 1983 The Foreign Marriage Act, 1969 The Foreign Exchange Management Act, 1999 Environment Laws Air Crafts (Amendment) Act, 2007 Air (Prevention and Control of Pollution) Act,1981 The Air Corporation (Transfer of Undertaking and Repeal) Act, 1994 The Delhi Prohibition of Smoking and Non-Smokers Health Protection Act, 1996 The Environment (Protection) Act, 1986 The Forest Conservation Act, 1980 The water (Prevention and Control of Pollution) Act, 1974 Wild Life (Protection) Amendment Act, 2006 Protection of Plant Varieties and Farmers Rights Act, 2001 Corporate Law The Companies Act 2013 Companies (Foreign Interests) Act, 1918 Company Law Board Regulations, 1991 THE Companies (Amendment) Act, 2006 The Company Act, 1956 (Repealed) The Company Secretaries Act, 1980 The Companies (Donations To National Funds) Act, 1951 The Hire-Purchase Act, 1972 Indian Contract Act, 1872 The Partnership Act, 1932 The Sale of Goods Act, 1930 Special Economic Zones Act, 2005 The Code of Civil Procedure, 1908 is a procedural law Human Rights Law Commission for protection of Child Right Act 2005 The Protection of Human Rights Act, 1993 The Protection of Civil Rights Act, 1955 Protection of Human Rights (Amendment) Act, 2006 WOMEN - LAWS WOMEN-SPECIFIC LEGISLATION The Immoral Traffic (Prevention) Act, 1956 The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986) The Indecent Representation of Women (Prohibition) Act, 1986 The Commission of Sati (Prevention) Act, 1987 (3 of 1988) Protection of Women from Domestic Violence Act, 2005 The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013 The Criminal Law (Amendment) Act, 2013 WOMEN-RELATED LEGISLATION The Indian Penal Code,1860 The Indian Evidence Act,1872 Consumer Laws The Competition Act, 2002 The Consumer Protection Act, 1986 The Essential Commodities Act, 1955 Jammu & Kashmir Consumer Protection Act 1987 The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980

A group of 12 advocate practicing in two courts of S.D. Ms in the collectorate of Pune are the complainants both the state bar council and Bar Council of Delhi through its disciplinary committee found the appellant and one Agvane Guilty of giving improper legal advice and held the charge of professional misconduct provided the and suspended the appellant for a period of 4 months and Agvane for a period of 2 months therefrom. As regard the lenient punishment as stated above, the disciplinary committee observed: " we take into consideration the age of the Advocate the family they have to maintain, the environment in which they practice and the practice and the standard which is maintained in such an environment is not very high as the bar council Association rules certify toutism and provide for toutism which could be unthinkable anywhere else ." In appeal , the supreme court observed that there is a difference between the Giving of improper advice and giving of wrong legal advice. Mere negligence unaccompanied by any moral delinquency on the on the part of legal practitioner in the exercise of profession does not amount to professional misconduct; into that offence there must enter the element of professional misconduct element of moral delinquency. of that there is no suggestion here, and there is no case to investigate, and that no reflection adverse to his professional honour. Pandurang dattatray Khandekar vs Bar Council of India and others AIR,1984 Supreme Court 110. A group of 12 advocate practicing in two courts of S.D. Ms in the collectorate of Pune are the complainants both the state bar council and Bar Council of Delhi through its disciplinary committee found the appellant and one Agvane Guilty of giving improper legal advice and held the charge of professional misconduct provided the and suspended the appellant for a period of 4 months and Agvane for a period of 2 months therefrom. As regard the lenient punishment as stated above, the disciplinary committee observed: " we take into consideration the age of the Advocate the family they have to maintain, the environment in which they practice and the practice and the standard which is maintained in such an environment is not very high as the bar council Association rules certify toutism and provide for toutism which could be unthinkable anywhere else ." In appeal , the supreme court observed that there is a difference between the Giving of improper advice and giving of wrong legal advice. Mere negligence unaccompanied by any moral delinquency on the on the part of legal practitioner in the exercise of profession does not amount to professional misconduct; into that offence there must enter the element of professional misconduct element of moral delinquency. of that there is no suggestion here, and there is no case to investigate, and that no reflection adverse to his professional honour.

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. EGYPT 1/1 EGYPT The constitution adopted in 2014, like the constitution drafted under Morsi, is based on the Egyptian Constitution of 1971. ... Under the constitution, there is a guarantee of equality between the sexes and an absolute freedom of belief, but Islam is the state religion. CONSTITUTION 2014 PREAMBLE In the Name of God, Most Gracious, Must Merciful. God or other deities. This is Cur Constitution Egypt is the gift of the Nile and the gift ofEgyptians to humanity. Blessed with a unique location and history, the Arab nation of Egyptis the heart of the whole world. It is the meeting point of its civilizations and cultures andthe crossroads of its maritime transportation and communications. It is the tip of Africa onthe Mediterranean and the estuary of its greatest river: the Nile. This is Egypt, an immortal homeland to Egyptians, and a message of peace and love to all peoples Iri the beginning ofhistory, the dawn of human conscience rose and shone forth in the hearts of our great ancestors,uniting their good intention to build the first central state that regulated and orgarized thelife of Egyptians on the banks of the Nile, It is where they created the most amazing wondersof civilization, and where their hearts looked up to the heavens before earth knew the three revealed religions Reference to country's history Egypt is the aradle of religiors and the banner of glory of the revealed religions. On its land, Moses grew up, the light of God appeared, andthe message descended on Mount Sinai, On its land, Egyptians welcomed Virgin Mary and herbaby and offered up thousands of martyrs in defense of the Church of Jesus. When the Sealof the Messengers Mohamed (Peace and Blessings Be Upon Him) was sent to all mankind toperfect the sublime morals, our hearts and minds were opened to the light of Islam We were thebest soldiers on Earth to fight for the cause of God, and we disseminated the message of truth and religious sciences across the world. This is Egypt; a homeland that we live in as much asit lives in us In the modern age, minds were enlightened, humanity became mature, and nationsand peoples progressed on the path of science, raising the banners of freedom and equality.Mohamed Ali founded the modern Egyptian state with a national army as its pillar. Refaa, theson of Al-Azhar, prayed that the homeland become "a place of common happiness for its people We, Egyptians, strived to keep up with the pace of development, and offered up martyrs andmade sacrifices in several uprisings and revolution until our patriotic army delivered victory tothe sweeping popular will in the "Jan 25 - June 30" Revolutiee that called for bread, freedom andhuman dignity within a framework of social justice, and brought hack the homeland's free willThis revolution is but an extension to a procuss of national struggle whose brightar symbolswere Ahmed Oraby, Mostafa Kamel, and Mohamed Farid. It was the capstorie of two grealrevolutions in our modern history: The 1919 revolution that had rid Egypt and the Egyptiansof the British guardianship, and had established the principle of citizenship and equalitybetween the people of the same country. Its leader, Saad Zaghloul, and his successor, MosfataEI-Nahhas, walked the path of democracy asserting that "Truth is above power and the nationis above the government". During this revolution Talaat Harb laid down the comerstone of thenational economy, The July 23, 1952 revolution that was lod by the leader Ganal Abdel Nasserand was embraced by the poptular will achieved the dream of generations for evacuation andindependence. As a result, Egypt affirmed its Arab allegiance, opened up to its African cantinentand Muslim world, supported liberation movements across.continerits, and took firm stepson the path of development and social justice This revolution represents an extension of therevolutionary march of Egyptian patriotism, and supports the strong bond between the Egyptianpeople and their patriotic army that bore the trust and responsibility of protecting the homelandThanks to it, we achieved victory in our greatest battles including driving of the 1956 TripartiteAggression and the glorious victory of October that granted President Sadat a special place inour recent history. Compared to major revolutions in the history of mankind, the fan 25 - June30 Revolution is a unique revolution, because of the heavy popular participation involved - whichwas estimated to be in the tens of millions -- and the significant role of youth who aspire to abrighter future, the masses who transcended class and ideulogy to reach out to more exparisivepatriotic and human horizons. the manner in which the people's army protected the popular willand the blessings granted to it by Al- Azhar and the patriotic church. Itt is also unique becauseof its peacefulness and ambition to achieve freedom and social justice together. This revolutionis a sign and a good omen. It is a sign ut a past that is still present and a good omen of a futureto which all humanity aspires. The world has almost forgotten about an age that was torm byconflicts of interest between the east and the west, and ihe nurth and the south; an age wheredisputes and wars erupled between classes and peoples, where risks grew, threatering theexistence of mankind and life on Earth, which God created for us Humanity hopes to move fromthe age of maturity to the age of wisdom to build a new world where truth and justice prevail,and where freedoms and human rights are protected. We, Egyptians, believe that our revolutionis an opporturuty to return to help write a new history for mankind. We believe that we arecapable of using the past as an inspiration, stirring up the present, and making our way to thefuture. We are capable of developing this homeland that develops us. We believe that every itizenis entitled to ive in this homecland in safety and security, and that every citizen is entitled to atoday and a tomorrow. We believe in democracy as a path, a future, and a way of life; in politicalmultiplicity, and in the peaceful transfer of power. We affirm the right of the people to make theirfuture. They, alone, are the source of authority. Freedom, humari dignity, and social justice are aright of every citizen. Sovereignty in a sovereign homeland belongs to us and future generations. We are now drafting a Constitution that embodies the dream of generatiuns of a prosperous united society and of a fair state that achieves the aspirations of today and tomorrow forindividuals and society We are now drafting a Constitution that completes building a modermdemocratic state with governmenit. We are drafting a Constitution that closes the door for anycorruption or tyranny, heals the wounds of the past from the time of the old Eloquent Peasant tothe victims of negiigence and the martyrs of the revolution in our time, and relieves our peopleof the injustice they have sulfered from for long. We are drafting a Constitution that affirms thatthe principles of Islamic Sharia are the principle source of legislation, and that the reference forinterpretation thereof is the relevant texts in the collected rulings of the Supreme ConstitutionalCourt. we are drafting a Constitution that paves the way to the future for us, and which is in line with the universal Declaration of Human Rights, which we took part in the drafting of and approved . We are drafting a Corstitution that maintains our freedom and protects the nation againat every threatagainst it or against our national unity. We are drafting a Constitution that achieves equalitybetween un in tights and duties with no discrimination. We are the citizens. We are the Egyptianpeople, sovereigns in a sovereign homeland. This is our will and this is the Constitution of our revolution. This is our Constitution.

PETITIONER: DR. D.C. SAXENA Vs. RESPONDENT: HON'BLE THE CHIEF JUSTICE OF INDIA DATE OF JUDGMENT: 19/07/1997 BENCH: K. RAMASWAMY J U D G M E N T K. Ramaswamy, J. In a clash of competing interests in constitutional contours, this case calls to strike a balance between the freedom of speech and expression, a salutary right in a liberal democratic society and paramount countervailing duty to maintain public confidence in the administration of justice. The petitioner has initiated public interest litigation under Article 32 of the Constitution to direct Sri P.V. Narasimha Rao, the President of Indian National Congress and the former Prime Minister of the country to pay a sum of Rs.8.29 lakhs and odd said to be due to the union of Indian for use of Indian Air Force aircraft or helicopters from October 1, 1993 to November 30, 1993. When writ Petition No. 432/95 was posted for hearing on July 17,1995 before the learned Chief Justice of India and brother Justice S.C. Sen the solicitor General for India, Shri Dipankar P. Gupta was sent for and the Court directed him to have the averments verified to be correct and directed the petition to be listed after two weeks. On August 7,1995, the writ petition came before the Bench comprising the learned CJI, Justice S.C. Sen and Justice K.S. Paripoornan. It is not in dispute that the Solicitor General had placed the record before the Court and upon perusal thereof and after hearing the petitioner-in-person, the Bench summarily "dismissed"" the writ petition which had triggered the petitioner to file yet another writ petition, this time against the learned Chief Justice of India, Justice A.M. Ahmadi. The Registry raised objections for its maintainability but, at eh insistence of the petitioner, it was posted, with office objections, for hearing, as unregistered Writ petition After hearing the petitioner, the Bench dismissed the second writ petition with the order as under: "The several averments in the writ petition are scandalous and it is surprising that the petitioner, who is said to be a Professor in a University, has chosen to draft and file such a writ petition. His understanding of the meaning of Article 32 of the Constitution, is to say the least, preposterous. The allegations made are reckless and disclose irresponsibility on the part of the petitioner. This writ petition is wholly misconceived and is an abuse of the process of the Court. The writ petition has no merit. The writ petition is, therefore, dismissed. In view of the attitude of the petitioner even at the hearing, when the persisted in this stand and, on our asking him, reiterated that he stood by the scandalous averment made therein, we consider it our duty to issue to the petitioner a notice to show cause why proceedings to punish him for contempt of this Court should not be initiated against him. The Registry to take the necessary steps for registering the matter as a contempt petition. The petitioner who is present- in-person is given notice of the contempt petition. He is required to file his reply within four wheels to show cause why proceedings for contempt should not be initiated against him. We request the learned Solicitor General to assist the Court in this contempt matter. List the matter after notice of the date fixed by Registry is given to Dr. D.C. Saxena and the Solicitor General." Dr. D.C. Saxena vs Hon'Ble The Chief Justice Of India on 19 July, 1997 PETITIONER: DR. D.C. SAXENA Vs. RESPONDENT: HON'BLE THE CHIEF JUSTICE OF INDIA DATE OF JUDGMENT: 19/07/1997 BENCH: K. RAMASWAMY J U D G M E N T K. Ramaswamy, J. In a clash of competing interests in constitutional contours, this case calls to strike a balance between the freedom of speech and expression, a salutary right in a liberal democratic society and paramount countervailing duty to maintain public confidence in the administration of justice. The petitioner has initiated public interest litigation under Article 32 of the Constitution to direct Sri P.V. Narasimha Rao, the President of Indian National Congress and the former Prime Minister of the country to pay a sum of Rs.8.29 lakhs and odd said to be due to the union of Indian for use of Indian Air Force aircraft or helicopters from October 1, 1993 to November 30, 1993. When writ Petition No. 432/95 was posted for hearing on July 17,1995 before the learned Chief Justice of India and brother Justice S.C. Sen the solicitor General for India, Shri Dipankar P. Gupta was sent for and the Court directed him to have the averments verified to be correct and directed the petition to be listed after two weeks. On August 7,1995, the writ petition came before the Bench comprising the learned CJI, Justice S.C. Sen and Justice K.S. Paripoornan. It is not in dispute that the Solicitor General had placed the record before the Court and upon perusal thereof and after hearing the petitioner-in-person, the Bench summarily "dismissed"" the writ petition which had triggered the petitioner to file yet another writ petition, this time against the learned Chief Justice of India, Justice A.M. Ahmadi. The Registry raised objections for its maintainability but, at eh insistence of the petitioner, it was posted, with office objections, for hearing, as unregistered Writ petition After hearing the petitioner, the Bench dismissed the second writ petition with the order as under: "The several averments in the writ petition are scandalous and it is surprising that the petitioner, who is said to be a Professor in a University, has chosen to draft and file such a writ petition. His understanding of the meaning of Article 32 of the Constitution, is to say the least, preposterous. The allegations made are reckless and disclose irresponsibility on the part of the petitioner. This writ petition is wholly misconceived and is an abuse of the process of the Court. The writ petition has no merit. The writ petition is, therefore, dismissed. In view of the attitude of the petitioner even at the hearing, when the persisted in this stand and, on our asking him, reiterated that he stood by the scandalous averment made therein, we consider it our duty to issue to the petitioner a notice to show cause why proceedings to punish him for contempt of this Court should not be initiated against him. The Registry to take the necessary steps for registering the matter as a contempt petition. The petitioner who is present- in-person is given notice of the contempt petition. He is required to file his reply within four wheels to show cause why proceedings for contempt should not be initiated against him. We request the learned Solicitor General to assist the Court in this contempt matter. List the matter after notice of the date fixed by Registry is given to Dr. D.C. Saxena and the Solicitor General."

Durga Prasad V Baldeo; 1880 FACT: Latest article Durga Prasad had constructed some shops at the market with the promise of paying commissions on the sales made from the shop. Baldeo had spent some money for the improvement of the condition of the market on the authority of the government. The issue of a consideration was brought before the court. JUDGEMENT: The court nullified the agreement because of the lack of a consideration which must be as desired by the promisor. Durga Prasad V Baldeo; 1880 Durga Prasad V Baldeo; 1880 FACT: Latest article Durga Prasad had constructed some shops at the market with the promise of paying commissions on the sales made from the shop. Baldeo had spent some money for the improvement of the condition of the market on the authority of the government. The issue of a consideration was brought before the court. JUDGEMENT: The court nullified the agreement because of the lack of a consideration which must be as desired by the promisor.

Jagadish singh asnd others were employees of the Central Board of Education,New Delhi.They were arbitrarily dismissed from service by the Board. They approached T.C. Sharma an Advocate to file a case against the arbitrary dismissal. They paid Rs.1400 as fees for the case. Sharma gave a fake case number starting that he has field the case before the central Administrative Tribunal, New Delhi. On verification it was found that no such case has been field. Later they engaged another Advocate Mr. Bhati to file the case and got a a favourable order of reinstatement. Therefore, they asked the return of Rs.1400 from T.C. Sharma. He refused to pay the same. So, the complainant filed a petition against him before the Delhi Bar Council alleging professional misconduct. Since Sharma failed to appear during the enquiry, the state Bar Council could not able to dispose off the case within one year. Hence, the case was transferred to the Bar Council of India. The Bar Council of India examined the petitioners, but the respondent was absent. Finally the Bar council of India passed an order holding the respondent guilty of professional misconduct and awarded the following punishments. 1. Suspended him from practice for a period of 5 years. 2. Directed him to return the Rs.1400/-with 12%interest per annum. 3. Directed to give Rs.500 as cost to the complainant. Jagadish singh&other v.T.C.Sharma BCI TR Case No.47/1990 Jagadish singh asnd others were employees of the Central Board of Education,New Delhi.They were arbitrarily dismissed from service by the Board. They approached T.C. Sharma an Advocate to file a case against the arbitrary dismissal. They paid Rs.1400 as fees for the case. Sharma gave a fake case number starting that he has field the case before the central Administrative Tribunal, New Delhi. On verification it was found that no such case has been field. Later they engaged another Advocate Mr. Bhati to file the case and got a a favourable order of reinstatement. Therefore, they asked the return of Rs.1400 from T.C. Sharma. He refused to pay the same. So, the complainant filed a petition against him before the Delhi Bar Council alleging professional misconduct. Since Sharma failed to appear during the enquiry, the state Bar Council could not able to dispose off the case within one year. Hence, the case was transferred to the Bar Council of India. The Bar Council of India examined the petitioners, but the respondent was absent. Finally the Bar council of India passed an order holding the respondent guilty of professional misconduct and awarded the following punishments. 1. Suspended him from practice for a period of 5 years. 2. Directed him to return the Rs.1400/-with 12%interest per annum. 3. Directed to give Rs.500 as cost to the complainant.

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 PLEADING PLEADING Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases. PLEADING Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases. Meaning: Pleadings are statement of parties in writing, setting out their contention and claims or counter claims giving details, so that the opposite party may know what case he/she has to meet or what is the reply to his/ her case. Shri P.C. Mogha defines it as, "Pleadings are statements written, drawn up and filed by each party to a case stating what his contention will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. " IMPORTANCE OF PLEADINGS: Jacob states, "Pleadings do not only define the issues between the parties for the final decision of the court at the trial, they manifest and exert their importance throughout the whole process of the litigation.Pleadings provide a guide for the proper mode of trial. They demonstrate upon which party the burden of proof lies, and who has the right to open the case. They also determine the range of admissible evidence which the parties should adduce at the trial. They also lay down limit on the relief that can be granted by the Court. Golden Rules of Pleading: In England, pleading is a customary law, while in India, it is much Codified. There are three golden rules of pleading, and they as are as under: [1] Plead facts, not law. [2] Plead facts, not evidence. [3] Plead facts, and only material facts. Material facts mean relevant and important facts. Objects of Pleadings: The object of pleadings as provided by the Supreme Court in the case of Ladle Prasad v. Kamal Distillery Co, AIR 1963 SC 1279, is to narrow down the parties to definite issues and to confine the trial within due limits so as to save time and expenses which might otherwise be needlessly thrown away. Object of Pleadings The whole object of pleading is to give a fair notice to each party of what the opponent's case is. Pleadings bring forth the real matters in dispute between the parties. It is necessary for the parties to know each other's stand, what facts are admitted and what denied, so that at the trial they are prepared to meet them. Pleadings also eliminate the element of surprise during the trial, besides eradicating irrelevant matters which are admitted to be true. The facts admitted by any parties need not be pursued or proved. Thus the pleadings save the parties much bother, expense and trouble of adducing evidence in support of matters already admitted by a party, and they can concentrate their evidence to the issue framed by the Court in the light of the facts alleged by one party and denied by the other. There is another advantage of the pleadings. The parties come to know before hand what points the opposite party will raise at the trial, and thus they are a prepared to meet them and are not taken by surprise, which would certainly be the case if there were no obligatory rules of pleadings whereby the parties are compelled to lay bare there cases before the opposite party prior to the commencement of the actual trial.On the basis of above discussion we deduce the following fundamental rules of pleading, which also have been incorporated in order VI of the Civil Procedure Code 1908. Fundamental Rules of Pleadings 1) That a pleading shall contain, only a statement of facts, and not Law; 2) That a pleading shall contain all material facts and material facts only. 3) That a pleading shall state only the facts on which the party pleading relies and not the evidence by which they are to be proved, 4) That a pleading shall state such material facts concisely, but with precision and certainty. DRAFTING Gallery www.lawtool.net Previous Next

www.lawtool.net is a part of a quick reference designed as a study for a law student with a clear object of assisting students in their examination preparation. www.lawtool.net CONTRACT LAW 1872 Evolution of the Contract Act 1872: Exploring new amendments and Supreme Court judgements till 2025 Uncovering the Evolution of Contract Act 1872: Exploring New Amendments and Supreme Court Judgements Till 2025 www.lawtool.net Innovative Thinking Unveiling the Shifting Legal Landscape: Key Supreme Court Decisions in Indian Law (2020-2025) Engaging with the Transformation of Law The Supreme Court of India plays a critical role in shaping the country’s legal landscape. Its... www.lawtool.net Innovative Thinking Why are Indian Lawyers Opposing the Advocate Amendment Bill 2025? The Advocate Amendment Bill 2025 has sparked intense discussions in legal circles across India. www.lawtool.net Innovative Thinking The Intricacies of United States Immigration Laws Navigating the Complex Legal Landscape Immigration laws in the United States form a dense web of regulations and policies that control who can enter the country and under what ... All Posts (507) 507 posts No categories yet. ADMINISTRATIVE LAW (6) 6 posts No categories yet. Alternative Dispute Resolution -ADR (11) 11 posts No categories yet. Code of Criminal procedure 1973 (9) 9 posts No categories yet. CODE of CIVIL PROCEDURE 1908 (8) 8 posts No categories yet. Constitutional History of INDIA (8) 8 posts No categories yet. CONSTITUTIONAL LAW (27) 27 posts No categories yet. CONTRACT LAW 1872 (11) 11 posts No categories yet. INDIAN EVIDENCE ACT 1872 (8) 8 posts No categories yet. JURISPRUDENCE (8) 8 posts No categories yet. LAW OF BANKING (7) 7 posts No categories yet. HINDU LAW (9) 9 posts No categories yet. MOHAMMEDAN LAW (10) 10 posts No categories yet. TRANSFER OF PROPERTY ACT (11) 11 posts No categories yet. LAW OF TORTS (7) 7 posts No categories yet. INDIAN PENAL CODE 1860 (14) 14 posts No categories yet. CYBER-LAW (10) 10 posts No categories yet. ADVOCATES ACT 1961 (3) 3 posts No categories yet. PRINCIPLES OF LEGISLATION (2) 2 posts No categories yet. PUBLIC INTERNATIONAL LAW (7) 7 posts No categories yet. LLB.EXAM IMPORTANT QUESTIONS (13) 13 posts No categories yet. INDIAN SUCCESSION ACT 1925 (6) 6 posts No categories yet. LAND LAW AND LOCAL LAW (11) 11 posts No categories yet. HUMAN RIGHTS (10) 10 posts No categories yet. PROFESSIONAL ETHICS (8) 8 posts No categories yet. Environmental Law (23) 23 posts No categories yet. Companies Act (13) 13 posts No categories yet. LABOUR - LAW (13) 13 posts No categories yet. EASEMENT (3) 3 posts No categories yet. The Juvenile Act 2000 (1) 1 post No categories yet. INTERPRETATION OF STATUTES (2) 2 posts No categories yet. TAXATION (8) 8 posts No categories yet. Legal Language (9) 9 posts No categories yet. BARE -ACTS (8) 8 posts No categories yet. Famous Cases (24) 24 posts No categories yet. SPECIFIC RELIEF ACT, 1963 (2) 2 posts No categories yet. AIBE -MOCK (31) 31 posts No categories yet. Others- Category (15) 15 posts No categories yet. THE LIMITATION ACT, 1963 (1) 1 post No categories yet. Intellectual Property Law (6) 6 posts No categories yet. SALE OF GOODS ACT 1930 (3) 3 posts No categories yet. PROBATION OF OFFENDERS ACT 1958 (1) 1 post No categories yet. Political Science (16) 16 posts No categories yet. ECONOMICS (4) 4 posts No categories yet. HISTORY (12) 12 posts No categories yet. PHILOSOPHY (3) 3 posts No categories yet. PUBLIC INTEREST LITIGATION (1) 1 post No categories yet. English language & Grammar (2) 2 posts No categories yet. Online Registration- E-filing, (3) 3 posts No categories yet. Central & State Government Bills (1) 1 post No categories yet. Crime & Investigation (2) 2 posts No categories yet. HOME Law - Notes AIBE -EXAM DRAFTING _PLEADINGS_CONVEYANCING General & Legal Discussion ENVIRONMENT PREAMBLE's TOP CASES LAW BOOKS FAMOUS CASES Videos Law Topics Search Results Bare Act - Live Welcome All Of You To The Lawtool Family www.lawtool.net "Loknavalaya" OR "Peoples court". (1) 1 post #BeatPlasticPollution. (1) 1 post (AIBE) tender notification (1) 1 post 1882 (1) 1 post 1982 (1) 1 post 1984 (1) 1 post 2020-2025 (1) 1 post 2023 (2) 2 posts 375 RAPE (1) 1 post 3rd December (1) 1 post A) Pieadings - Rule2 (1) 1 post ABETMENT (1) 1 post ABETMENT :- Section 107 IPC (1) 1 post ACCOUNTANCY FOR LAWYERS (1) 1 post ACQUISITION OF EASEMENT (1) 1 post ADMINISTRATIVE LAW (1) 1 post ADMINISTRATIVE LAW - IMPORTANT QUESTION (1) 1 post ADMINISTRATIVE LAW – DEFINITION- SCOPE AND DEVELOPMENT (1) 1 post ADMISSION & CONFESSION (1) 1 post ADR (8) 8 posts ADVANCE TAX (1) 1 post AGRICULTURAL INCOME (1) 1 post AGRICULTURAL INCOME Section 2 ( 1 ) (1) 1 post AIBE (1) 1 post AIBE (17) 2022 to be held in PBT and CBT modes (3) 3 posts AIBE - MCQ (2) 2 posts AIBE -12-SET A (2) 2 posts AIBE 16 SET-B Exam Question Paper 2021 SOLVED (3) 3 posts AIBE 16- SET - B (1) 1 post AIBE 17 (3) 3 posts AIBE 17 -set C ( Resolved ) (1) 1 post AIBE-18 (1) 1 post AIBE-18-English [Set Code-D] (1) 1 post AIBE-MOCK TEST -1 (2) 2 posts AIBE-Set 4- MCQ (3) 3 posts ANCIENT APPROACH TO ENVIRONMENT (1) 1 post ANCIENT INDIA (1) 1 post ANCIENT LAW (6) 6 posts AOR (1) 1 post AOR Supreme Court (1) 1 post Actio personalis moritur cum persona". (1) 1 post Active voice and passive voice (1) 1 post Actus reus : (1) 1 post Administrative Law (5) 5 posts Advantages Practicing law students & lawyers (1) 1 post Advocate (1) 1 post Advocate Amendment Bill 2025 (1) 1 post Advocate Day (1) 1 post Advocate Day 3rd December (1) 1 post Advocate on Record (1) 1 post Agenda 21 (1) 1 post All India Bar Examination (AIBE)-11- MCQ Set-A BCI- DEC 2017 (1) 1 post Alteration of Articles of Association (1) 1 post Amalgamation of trade union (1) 1 post Amnesty International (1) 1 post Anti-defection Law (2) 2 posts Antithesis (1) 1 post Apostrophe (1) 1 post Aryan Khan Drugs Case (1) 1 post Assessment Year (1) 1 post Assessment Year & Previous year (1) 1 post Assessée (1) 1 post Authorities & Notice of Change underIndustrial Dispute Act 1947 (1) 1 post BAILMENT AND PLEDGE (1) 1 post BANKING LAW (6) 6 posts BANKING LAW-MCQ (1) 1 post BARE -ACT (1) 1 post BARE-ACT (1) 1 post BCMG ENROLLMENT (2) 2 posts Bablal v. Subash Jain BCI TR Case No.115/1986 (1) 1 post Banumurthy v.Bar Council of Andhar PraadheshDC Appeal No.3/1994 (1) 1 post Bar Council of Maharashtra and Goa step by step (2) 2 posts Baswarooponi v.Babulalsoni (2) 2 posts Bentham (2) 2 posts Bentham's Theory of Utility (1) 1 post Biggest Environmental Loss To The Nagpur city (1) 1 post British Constitution (1) 1 post CABINET MISSION (1) 1 post CIVIL AND POLITICAL RIGHTS (1) 1 post CLUBBING OF INCOME (1) 1 post www.lawtool.net Oct 19, 2024 BCI ने शहरी क्षेत्रो में जूनियर अधिवक्ताओ के लिए ₹20 हजार और ग्रामीण क्षेत्रो मे ₹15 हजार वजीफा देने का सुझाव दिया www.lawtool.net Oct 05, 2024 World Teachers Day 2024 www.lawtool.net Oct 05, 2024 विश्व शिक्षक दिवस 5 अक्टूबर www.lawtool.net Oct 02, 2024 2 October (Gandhi Jayanti) www.lawtool.net Nov 11, 2023 AIBE XVIII (18) 2023:The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023 www.lawtool.net Oct 18, 2023 Revised timetable of AIBE XVIII (18) 2023 released – exam date changed, registration deadline extend www.lawtool.net Aug 19, 2023 AIBE XVIII (18) 2023 www.lawtool.net Jun 29, 2023 Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court www.lawtool.net Jun 29, 2023 Adipurush Ban: Allahabad HC www.lawtool.net Jun 29, 2023 सुप्रीम कोर्ट के रिटायर जस्टिस की जमीन हड़पने की कोशिश मामले में एक गिरफ्तार www.lawtool.net Jun 28, 2023 Bar Council of India approves RV University's School of Law www.lawtool.net Jun 27, 2023 HC Quashes POCSO Case Against Boyfriend Saying 16-Year-Old Capable of Making Conscious Decision.. www.lawtool.net Jun 19, 2023 वकीलों के लिए बड़ी खबर: बार काउंसिल ने COP हेतु जारी किया फॉर्म- जानिए किसे भरना है ये फॉर्म...... www.lawtool.net Jun 09, 2023 Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre www.lawtool.net Jun 02, 2023 Gangster Chhota Rajan moves HC seeking stay on release of "Scoop" web series over 'infringement .... www.lawtool.net May 31, 2023 सुप्रीम कोर्ट ने 20 वर्षीय महिला को परिवार के सदस्यों से जान का खतरा होने की आशंका से सुरक्षा प्रदान www.lawtool.net May 31, 2023 Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next www.lawtool.net May 29, 2023 The 100 Most Famous Quotes of All Time www.lawtool.net May 29, 2023 Central vista project including new Parliament building faced several court cases www.lawtool.net May 29, 2023 क्या चेक बाउंस नोटिस देने के 15 दिनों के भीतर एनआई एक्ट की धारा 138 के तहत शिकायत दर्ज की जा सकती है www.lawtool.net May 29, 2023 Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration ......... www.lawtool.net May 29, 2023 सारे जहां से अच्छा' लिखने वाले शायर मोहम्मद इकबाल से जुड़ा अध्याय सिलेबस से हटाया जा सकता है www.lawtool.net May 29, 2023 नागपुर के चार मंदिरों में फटी जींस, शॉर्ट कपड़े पहनने पर नहीं मिलेगी एंट्री, www.lawtool.net May 28, 2023 Allahabad HC Refuses to Quash Attempt to Murder Case Based on Compromise Between Victim and Accused www.lawtool.net May 28, 2023 पत्नी पति से ज्यादा कमाती है- सेशन कोर्ट ने पत्नी को गुजारा भत्ता देने से इनकार करने के आदेश..... www.lawtool.net May 28, 2023 यासिन मलिक को फांसी देने की मांग, एनआईए ने दिल्ली हाई कोर्ट में दायर की याचिका www.lawtool.net May 27, 2023 When Accused Can be Discharged in a Criminal Case? Explains Supreme Court www.lawtool.net May 27, 2023 No Indisfeasible Right of Daughter-in-Law on Share Household: Delhi HC www.lawtool.net May 26, 2023 क्रेडिट कार्ड की अवधि समाप्त होने के बावजूद व्यक्ति को बिल भेजने पर एसबीआई पर जुर्माना...... www.lawtool.net May 26, 2023 S. 18 (3) JJ Act | Magistrate has No Power to Retain the File After Declaring the Accused as ...

Kedarnath Bhattacharji vs Gorie Mahomed on 26 November 1886 Equivalent citations: (1887) ILR 14 Cal 64 JUDGMENT W. Comer Pethekam, C.J. 1. The questions which are proposed for us in this Reference from the Small Cause Court are, first, whether the suit as laid by the plaintiff is legally maintainable; and, secondly, whether, upon the facts stated in the reference, the trustees are entitled to judgment. 2. The facts of the case appear to be these : The plaintiff is a Municipal Commissioner of Howrah and one of the trustees of the Howrah Town Hall Fund. Some time ago, it was in contemplation to build a Town Hall in Howrah, provided the necessary funds could be raised, and upon that state of things being existent, the persons interested set to work to see what subscriptions they could get. When the subscription list had reached a certain point, the Commissioners, including the plaintiff, entered into a contract with a contractor for the purpose of building the Town Hall, and plans of the building were submitted and passed, but as the subscription list increased, the plans increased too, and the original cost, which was intended to be Rs. 26,000, has swelled up to Rs. 40,000; but for the whole Rs. 40,000 the Commissioners, including the plaintiff, have remained liable to the contractor as much as for the original contract because the additions to the building were made by the authority of the Commissioners and with their sanction. The defendant, on being applied to, subscribed his name in the book for Rs. 100, and the question is, whether the plaintiff, as one of the persons who made himself liable under the contract to the contractor for the cost of the building, can sue, on behalf of himself, and all those in the same interest with him, to recover the amount of the subscription from the defendant. 3. We think he can. Without reference to his being a trustee or a Municipal Commissioner, we think that under the provisions of the Code of Civil Procedure he is entitled to bring an action on behalf of himself and others jointly interested with him. If the action could be maintained on behalf of all, and there were no other sections that would preclude this being done, that would cure any technical defect in the case. 4. Then the question is, whether this is a suit which could be maintained by the whole of the persons who made themselves liable to the contractor if they were all joined. 5. It is clear that there are a great many subscriptions that cannot be recovered. A man for some reason or other puts his name down for a subscription to some charitable object, for instance, but the amount of his subscription cannot be recovered from him because there is no consideration. 6. But in this particular case, the state of things is this: Persons were asked to subscribe, knowing the purpose to which the money was to be applied, and they knew that on the faith of their subscription an obligation was to be incurred to pay the contractor for the work. Under these circumstances, this kind of contract arises. The subscriber by subscribing his name says, in effect,--In consideration of your agreeing to enter into a contract to erect or yourselves erecting this building, I undertake to supply the money to pay for it up to the amount for which I subscribe my name. That is a perfectly valid contract and for good consideration; it contains all the essential elements of a contract that can be enforced in law by the persons to whom the liability is incurred. In our opinion, that is the case here, and therefore we think that both questions must be answered in the affirmative, because, as I have already said, we think that there is a contract for good consideration, which can be enforced by the proper party, and we think that the plaintiff can enforce it, because he can sue on behalf of himself and all persons in the same interest, and, therefore, we answer both questions in the affirmative, and we consider that the Judge of the Small Cause Court ought to decree the suit for the amount claimed, and we also think that the plaintiff ought to get his costs including the costs of this hearing. Kedarnath Bhattacharji vs Gorie Mahomed Kedarnath Bhattacharji vs Gorie Mahomed on 26 November 1886 Equivalent citations: (1887) ILR 14 Cal 64 JUDGMENT W. Comer Pethekam, C.J. 1. The questions which are proposed for us in this Reference from the Small Cause Court are, first, whether the suit as laid by the plaintiff is legally maintainable; and, secondly, whether, upon the facts stated in the reference, the trustees are entitled to judgment. 2. The facts of the case appear to be these : The plaintiff is a Municipal Commissioner of Howrah and one of the trustees of the Howrah Town Hall Fund. Some time ago, it was in contemplation to build a Town Hall in Howrah, provided the necessary funds could be raised, and upon that state of things being existent, the persons interested set to work to see what subscriptions they could get. When the subscription list had reached a certain point, the Commissioners, including the plaintiff, entered into a contract with a contractor for the purpose of building the Town Hall, and plans of the building were submitted and passed, but as the subscription list increased, the plans increased too, and the original cost, which was intended to be Rs. 26,000, has swelled up to Rs. 40,000; but for the whole Rs. 40,000 the Commissioners, including the plaintiff, have remained liable to the contractor as much as for the original contract because the additions to the building were made by the authority of the Commissioners and with their sanction. The defendant, on being applied to, subscribed his name in the book for Rs. 100, and the question is, whether the plaintiff, as one of the persons who made himself liable under the contract to the contractor for the cost of the building, can sue, on behalf of himself, and all those in the same interest with him, to recover the amount of the subscription from the defendant. 3. We think he can. Without reference to his being a trustee or a Municipal Commissioner, we think that under the provisions of the Code of Civil Procedure he is entitled to bring an action on behalf of himself and others jointly interested with him. If the action could be maintained on behalf of all, and there were no other sections that would preclude this being done, that would cure any technical defect in the case. 4. Then the question is, whether this is a suit which could be maintained by the whole of the persons who made themselves liable to the contractor if they were all joined. 5. It is clear that there are a great many subscriptions that cannot be recovered. A man for some reason or other puts his name down for a subscription to some charitable object, for instance, but the amount of his subscription cannot be recovered from him because there is no consideration. 6. But in this particular case, the state of things is this: Persons were asked to subscribe, knowing the purpose to which the money was to be applied, and they knew that on the faith of their subscription an obligation was to be incurred to pay the contractor for the work. Under these circumstances, this kind of contract arises. The subscriber by subscribing his name says, in effect,--In consideration of your agreeing to enter into a contract to erect or yourselves erecting this building, I undertake to supply the money to pay for it up to the amount for which I subscribe my name. That is a perfectly valid contract and for good consideration; it contains all the essential elements of a contract that can be enforced in law by the persons to whom the liability is incurred. In our opinion, that is the case here, and therefore we think that both questions must be answered in the affirmative, because, as I have already said, we think that there is a contract for good consideration, which can be enforced by the proper party, and we think that the plaintiff can enforce it, because he can sue on behalf of himself and all persons in the same interest, and, therefore, we answer both questions in the affirmative, and we consider that the Judge of the Small Cause Court ought to decree the suit for the amount claimed, and we also think that the plaintiff ought to get his costs including the costs of this hearing.

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 EXECUTION - PETITION EXECUTION PETITION Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit. EXECUTION PETITION Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit. Sections 36 to 74 and order 21 (XXI) of the code of Civil Procedure deal with the law and procedure for the execution of decrees. The order consists of 106 rules and is the longest of all he order of the code. The question as to the execution of decree shall arise only when the person against whom the decree has been passed, does not comply with it. Order XXI of the code deals with those steps which a decreeholder shall have to follow in the execution of he decree against the judgment- debtor. According to Rule 30 or order XXI the expression, 'execution of a decree means the enforcement of the decree against a judgment debtor's person or property or both through the forum of the court. According to court to Rule 21 of the same order the court may, in its discretion, refuse execution at the some time against the person and property of the judgment debtor. The true executing against the person of the judgment- debtor means his arrest and detention in civil prison the term, execution against the property of the judgment debtor, means the attachment and sale of his property and then payment of the amount of the decree out of the sale proceeds to the decreeholder. A decree may be executed either by the court which passed it, or by the court to which it is sent for execution. Application for Execution : Where a decree-holder desires to execute it, he shall apply to the court which passed the decree. Every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person who is acquainted with the facts of the case, and it shall contain the following particulars as provided under rules 11 (2) to 14 of the Order XXI. a. The name of the court, b. The number of the suit, c. The names of the parties, d. The date of the decree; e. Whether any appeal has been preferred from decree, and if so what is the result thereof, f. The nature, character and the amount of the decree and costs. g. The mode of execution, against person or property movable and immovable and their detailed description. If the application complies with rules 11 (2) to 14, the court will direct exclusion under rule 24; and if it does not it may be rejected or ordered to be amended under rule 17. When the application is rejected, the decree- holder can present another application properly framed. Where the application is made for arrest and detention of the judgment-debtor in prison, it shall state the grounds on which artest is applied for and shall be accompanied byan Affidavit of the applicant or any other person conversant with the facts of the case, (Rule 11- A). But where the decree is for the payment of money and the judgmentdebtor is present in the court at the time when the decree is passed, on the oral application (Rule 11 (1) Orper XXI) of the decree- holder, the court may order immediate execution of the decree by arresting the judgment-debtor without prior preparation of warrant under rule 11 (1) of the order. Who May Apply for Execution: The application for execution is made by the decree-holder. Where the decree has been passed jointly in favour of more persons than one, anyone or mare of such persons may apply for execution (rule 15). Where a decree is transferred by the decree-holder, the transferee may apply for execution (Rule 16). If the decree-holder is dead, his legal representative may apply for execution. Against Whom Execution May be Applied for: where judgment-debtor is living, the execution is applied for against him, but if he is dead, execution is applied for against his legal representative. When the execution is applied for against legal representative of the deceased judgment-debtor, it cannot be against the person of the legal representative, but only against the property of the jUdgment-debtor which has come to the legal representative and has not been disposed of by him (sec. 50). Form of Execution Petition: An application for execution of decree under rule must state certain particulars. The decree-holder is required to state the details as number of The suit, names of e parties, the date of decree, etc, in his executions application, and if upon scrutiny, it appears that any of this detail is missing in the application; the court may give an opportunity to the decree-holder to remedy the effect. An application for execution is generally made in a tabular form given in form NO.6 in appendix E to the first schedule of the civil procedure code. But the fact that the petition for execution was not in a tabular form is, in itself, not a sufficient ground for rejection the application. Verification of Application Sub rule (2) of 11 enjoins that every application for the execution of ta decree shall be verified by (i) The application, or (ii) Some other person proved to the satisfaction of the court to be acquainted with the facts of the case. A valid application can be signed and verified by any person proved to the satisfaction of the court to be acquainted with the facts of the case. So, if an incorporate body obtains a decree through its secretary and the application for execution is sighed and verified by its president, the application is competent. Rule 11 (1) does not require that the execution petition must be verified by a person authorised by the decree-holder. It may be verified by any person acquainted with the facts of the case. The provisions, as regards the signing and verification in sub-rule (2) in respect of an execution application are mandatory and the omission to comply with the same constitutes a material irregularity, which unless cured, renders the application open to the objection that the some is not in accordance h law. Where they are more applicants than are, the verification need not be signed by all a verification one of them acquainted with the facts of the case is sufficient. DRAFTING Gallery www.lawtool.net Previous Next

Aaron Salomon was a successful leather merchant who specialized in manufacturing leather boots. For many years he ran his business as a sole trader. By 1892, his sons had become interested in taking part in the business. Salomon decided to incorporate his business as a Limited company, Salomon & Co. Ltd. At the time the legal requirement for incorporation was that at least seven persons subscribe as members of a company i.e. as shareholders. Mr. Salomon himself was managing director. Mr. Salomon owned 20,001 of the company's 20,007 shares - the remaining six were shared individually between the other six shareholders (wife, daughter and four sons). Mr. Salomon sold his business to the new corporation for almost £39,000, of which £10,000 was a debt to him. He was thus simultaneously the company's principal shareholder and its principal creditor. When the company went into liquidation, the liquidator argued that the debentures used by Mr. Salomon as security for the debt were invalid, on the grounds of fraud. The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, the company was in reality his agent and he as principal was liable for debts to unsecured creditors. High Court: The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, then the company and Salomon were one unit; the company was in reality his agent and he as principal was liable for debts to unsecured creditors. The appeal: The Court of Appeal also ruled against Mr. Salomon, on the grounds that Mr. Salomon had abused the privileges of incorporation and limited liability, which the Legislature had intended only to confer on "independent bona fide shareholders, who had a mind and will of their own and were not mere puppets". The lord justices of appeal variously described the company as a myth and afiction and said that the incorporation of the business by Mr. Salomon had been a mere scheme to enable him to carry on as before but with limited liability. The Lords: The House of Lords unanimously overturned this decision, rejecting the arguments from agency and fraud. Salomon followed the required procedures to set the company; shares and debentures were issued. The House of Lords held that the company has been validly formed since the Act merely required 7 members holding at least one share each. There was no fraud as the company was a genuine creature of the Companies Act as there was compliance and it was in line with the requirements of the Registrar of Companies. The Company is at law a separate person. The 1862 Act created limited liability companies as legal persons separate and distinct from the shareholders. They held that there was nothing in the Act about whether the subscribers (i.e. the shareholders) should be independent of the majority shareholder. It was held that: "Either the limited company was a legal entity or it was not. If it were, the business belonged to it and not to Mr Salomon. If it was not, there was no person and nothing to be an agent [of] at all; and it is impossible to say at the same time that there is a company and there is not." Hence the business belonged to the company and not to Salomon, and Salomon was its agent. The House further noted: "The company is at law a different person altogether from the [shareholders] ...; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands received the profits, the company is not in law the agent of the [shareholders] or trustee for them. Nor are the [shareholders], as members, liable in any shape or form, except to the extent and in the manner provided for by the Act." SALOMON v SALOMON & Co [U.K. 1897] Aaron Salomon was a successful leather merchant who specialized in manufacturing leather boots. For many years he ran his business as a sole trader. By 1892, his sons had become interested in taking part in the business. Salomon decided to incorporate his business as a Limited company, Salomon & Co. Ltd. At the time the legal requirement for incorporation was that at least seven persons subscribe as members of a company i.e. as shareholders. Mr. Salomon himself was managing director. Mr. Salomon owned 20,001 of the company's 20,007 shares - the remaining six were shared individually between the other six shareholders (wife, daughter and four sons). Mr. Salomon sold his business to the new corporation for almost £39,000, of which £10,000 was a debt to him. He was thus simultaneously the company's principal shareholder and its principal creditor. When the company went into liquidation, the liquidator argued that the debentures used by Mr. Salomon as security for the debt were invalid, on the grounds of fraud. The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, the company was in reality his agent and he as principal was liable for debts to unsecured creditors. High Court: The judge, Vaughan Williams J. accepted this argument, ruling that since Mr. Salomon had created the company solely to transfer his business to it, then the company and Salomon were one unit; the company was in reality his agent and he as principal was liable for debts to unsecured creditors. The appeal: The Court of Appeal also ruled against Mr. Salomon, on the grounds that Mr. Salomon had abused the privileges of incorporation and limited liability, which the Legislature had intended only to confer on "independent bona fide shareholders, who had a mind and will of their own and were not mere puppets". The lord justices of appeal variously described the company as a myth and afiction and said that the incorporation of the business by Mr. Salomon had been a mere scheme to enable him to carry on as before but with limited liability. The Lords: The House of Lords unanimously overturned this decision, rejecting the arguments from agency and fraud. Salomon followed the required procedures to set the company; shares and debentures were issued. The House of Lords held that the company has been validly formed since the Act merely required 7 members holding at least one share each. There was no fraud as the company was a genuine creature of the Companies Act as there was compliance and it was in line with the requirements of the Registrar of Companies. The Company is at law a separate person. The 1862 Act created limited liability companies as legal persons separate and distinct from the shareholders. They held that there was nothing in the Act about whether the subscribers (i.e. the shareholders) should be independent of the majority shareholder. It was held that: "Either the limited company was a legal entity or it was not. If it were, the business belonged to it and not to Mr Salomon. If it was not, there was no person and nothing to be an agent [of] at all; and it is impossible to say at the same time that there is a company and there is not." Hence the business belonged to the company and not to Salomon, and Salomon was its agent. The House further noted: "The company is at law a different person altogether from the [shareholders] ...; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands received the profits, the company is not in law the agent of the [shareholders] or trustee for them. Nor are the [shareholders], as members, liable in any shape or form, except to the extent and in the manner provided for by the Act."

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 Bail bond Format What is Bond and Bail bond under CrPC 1973 after Arrest under a Warrant? A bail bond is a written document signed by an accused person and his friends or families (known as surety), to ensure that the accused will appear before the court at the scheduled time and date, as ordered by the court. HINDI वारंट के तहत गिरफ्तारी के बाद CrPc 1973 के तहत बांड और जमानत बांड क्या है? जमानत बांड एक लिखित दस्तावेज है जिस पर आरोपी व्यक्ति और उसके दोस्तों या परिवारों (जिन्हें जमानतदार के रूप में जाना जाता है) द्वारा हस्ताक्षरित किया जाता है, ताकि यह सुनिश्चित किया जा सके कि आरोपी अदालत के आदेश के अनुसार निर्धारित समय और तारीख पर अदालत में पेश होगा। FORM NO.45 (Section 436, 437, 438 (3) and 441Cr.P.C.) In the Court of Shri _______________________________________ Police Station : Next date of hearing _____________ Under Section : Sent to Jail on _____________ F.I.R. No. : Bail Bond I, _________________________ son of Shri ________________________________ Resident of ___________________________________________________________ having been arrested or detained without warrant by the officer Incharge of ________________________ Police Station for having been brought before this Hon'ble Court charged with the offence of ________________________ and required to give surety for my attendance before such Officer or Court on condition that I shall attend such officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default there in I hereby bind my self to forfeit to Government the sum of Rs _______________ . DELHI DATED: Signature I ___________________________ son of Shri _____________________________ Resident of __________________________________________________ hereby declare myself for the above said Shri _____________________ that he shall attend the officer-in-charge of ______________________ Police Station or the Court of Shri ______________________________ every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and re-appear before a such officer or Court for the purpose of such investigation to answer the charge against him (as the case may be) and in the case of his making default herein I have bind myself to forfeit to Government the sum of Rs. __________. Dated this _______________ day of _____________ 200___. Witnesses: 1. __________________ 2. __________________ Signature DRAFTING Gallery www.lawtool.net Previous Next

DISCLAIMER Last updated: 2020-12-30 WEBSITE DISCLAIMER The information provided by www.lawtool.net (“Company”, “we”, “our”, “us”) on www.lawtool.net (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK. EXTERNAL LINKS DISCLAIMER The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. For example, the outlined Disclaimer has been created using PolicyMaker.io , a free web application for generating high-quality legal documents. PolicyMaker’s disclaimer generator is an easy-to-use tool for creating an excellent sample Disclaimer template for a website, blog, eCommerce store or app. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PROFESSIONAL DISCLAIMER The Site can not and does not contain legal advice. The information is provided for general informational and educational purposes only and is not a substitute for professional legal advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. Content published on www.lawtool.net is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any decision based on your own personal circumstances. You should take independent legal advice from a professional or independently research and verify any information that you find on our Website and wish to rely upon. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK. AFFILIATES DISCLAIMER The Site may contain links to affiliate websites, and we may receive an affiliate commission for any purchases or actions made by you on the affiliate websites using such links. TESTIMONIALS DISCLAIMER The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. ERRORS AND OMISSIONS DISCLAIMER While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, www.lawtool.net is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. In no event will www.lawtool.net , its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. GUEST CONTRIBUTORS DISCLAIMER This Site may include content from guest contributors and any views or opinions expressed in such posts are personal and do not represent those of www.lawtool.net or any of its staff or affiliates unless explicitly stated. LOGOS AND TRADEMARKS DISCLAIMER All logos and trademarks of third parties referenced on www.lawtool.net are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of www.lawtool.net by such owners. CONTACT US Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: bhosleajay31@gmail.com . This Disclaimer was created for www.lawtool.net by PolicyMaker.io on 2020-12-30.

RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) 2 Supreme Court Cases 237 (BEFORE ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.) 237 I RAMVIR Versus Appellant; STATE OF UTTAR PRADESH Criminal Appeal No. 183 of 2013t, decided on October 26, 2018 Respondent. A. Penal Code, 1860 - Ss. 148/149 r/w S. 302-Conviction with aid of Ss 148/149 cannot be recorded in the absence of at least 5 accused: either at least 5 accused should stand convicted, or total number of convicted accused plus unnamed accused should not be less than 5 Tatal 6 named accused and no unknown persons involved of all accused of all charges except appellant their attaining finality-In such circumstances, held, possibility of conviction of appellant under Ss. 148/149 IPC could have arisen only if there would have been certain unknown persons besides the named five acquitted co-accused- Acquittal Hence, appellant also (Paras 13 to 15) acquitted R. Penal Code, 1860 S. 302 simpliciter – Conviction under, if Sustainable as conviction with aid of S. 149 not sustainable No evidence that appellant was author of gunshot that hit and killed dareased-Ballistic report not supporting that shot was fired from appellant's aile-Appellant's rifle not taken in police custody immediately after incident, but appellant surrendered same in court - Appellant sole accused, acquittal of rest five co-aceused, not challenged, thus, attaining finality Conviction, under S. 302, set aside Ramvir v. State of U.P., 2012 SCC OnLine All 4523, reversed (Paras 16 to 18) Appeal allowed SS-D/61267/CR Advocates who appeared in this case: S.R. Singh, Senior Advocate (Mangat Prasad, Adarsh Verma and Ms Namita Choudhary, Advocates) for the Appellant; Manoj K. Mishra, Pradeep Misra, Advocates, for the Respondent. Chronological list of cases cited 1. 2012 SCC OnLine All 4523, Ramvir v. State of U.P. (reversed) on page(s) 237g, 239a, 239a-b, 239d, 240c, 240f The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) RAMVIR v. STATE OF U.P. (A.M. Sapre, J.) (2019) 2 Supreme Court Cases 237 (BEFORE ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.) 237 I RAMVIR Versus Appellant; STATE OF UTTAR PRADESH Criminal Appeal No. 183 of 2013t, decided on October 26, 2018 Respondent. A. Penal Code, 1860 - Ss. 148/149 r/w S. 302-Conviction with aid of Ss 148/149 cannot be recorded in the absence of at least 5 accused: either at least 5 accused should stand convicted, or total number of convicted accused plus unnamed accused should not be less than 5 Tatal 6 named accused and no unknown persons involved of all accused of all charges except appellant their attaining finality-In such circumstances, held, possibility of conviction of appellant under Ss. 148/149 IPC could have arisen only if there would have been certain unknown persons besides the named five acquitted co-accused- Acquittal Hence, appellant also (Paras 13 to 15) acquitted R. Penal Code, 1860 S. 302 simpliciter – Conviction under, if Sustainable as conviction with aid of S. 149 not sustainable No evidence that appellant was author of gunshot that hit and killed dareased-Ballistic report not supporting that shot was fired from appellant's aile-Appellant's rifle not taken in police custody immediately after incident, but appellant surrendered same in court - Appellant sole accused, acquittal of rest five co-aceused, not challenged, thus, attaining finality Conviction, under S. 302, set aside Ramvir v. State of U.P., 2012 SCC OnLine All 4523, reversed (Paras 16 to 18) Appeal allowed SS-D/61267/CR Advocates who appeared in this case: S.R. Singh, Senior Advocate (Mangat Prasad, Adarsh Verma and Ms Namita Choudhary, Advocates) for the Appellant; Manoj K. Mishra, Pradeep Misra, Advocates, for the Respondent. Chronological list of cases cited 1. 2012 SCC OnLine All 4523, Ramvir v. State of U.P. (reversed) on page(s) 237g, 239a, 239a-b, 239d, 240c, 240f The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J.

Law videos are useful for law students and for understanding the law of a common man. By which a law student can easily understand the law. And a person who is in another country can also understand easily. VIDEO NOTES

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 PETROLEUM ACT, 1934 (Act No. 30 of 1934) THE PETROLEUM ACT, 1934 (Act No. 30 of 1934) An Act to consolidate and amend the law) relating to the import, transport, storage, production, refining and blending of petroleum [16th September, 1934] Whereas it is expedient to consolidate and amend the law relating to import, transport, storage, production, refining and blending of petroleum. It is hereby enacted as follows: CONTENTS Chapter I : Preliminary Chapter II : Control Over Petroleum Chapter III : The Testing Of Petroleum Chapter IV : Penalties And Procedure Chapter V: Supplemental THE SCHEDULE first_schedule second_schedule third_schedule fourth_schedule THE PETROLEUM RULES, 1976 Part I : Preliminary Part II : General Provision Part III : Importation of Petroleum Part IV : Importation by Sea Part V : Importation by Land Part VI : Transport of Petroleum Part VII : Transport by Water Part VIII : Coastwise Transport of Petroleum Class a Otherwise Than in Bulk Part IX : Transport on Land by Vehicles Part X : Transport by Pipelines Part XI : Electric Installation Part XII : Storage of Petroleum Requiring Licence Part XIII : Storage of Petroleum Class C Not Requiring a Licence Part XIV : Licences Part XV : Refining And Blending of Petroleum Part XVI : Tetra Ethyl Lead Mixtures Part XVII : Testing of Petroleum Part XVIII : Notice of Accident Part XIX : Exemption 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 Appointment of Muttawalli for Administration of Wakf Format of Deed for Appointment of Muttawalli for Administration of Wakf. English :- As per Section 3(i) of Vakf Act 1995 (i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation. Hindi:- वक्फ अधिनियम 1995 की धारा 3 (i) के अनुसार (i) "मुतवल्ली" का अर्थ किसी भी व्यक्ति को मौखिक रूप से या किसी भी विलेख या साधन के तहत नियुक्त किया गया है जिसके द्वारा वक्फ बनाया गया है, या एक सक्षम प्राधिकारी द्वारा, एक के मुतवल्ली होने के लिए वक्फ और इसमें कोई भी व्यक्ति शामिल है जो किसी भी प्रथा के आधार पर वक्फ का मुतवल्ली है या जो नायब-मुतवल्ली, खादिम, मुजावर, सज्जादनाशिन, अमीन या मुतवल्ली द्वारा नियुक्त अन्य व्यक्ति है जो मुतवल्ली के कर्तव्यों का पालन करता है और अन्यथा को छोड़कर इस अधिनियम में प्रदान किया गया है, कोई भी व्यक्ति, समिति या निगम किसी वक्फ या वक्फ संपत्ति का प्रबंधन या प्रशासन कर रहा है: बशर्ते कि किसी समिति या निगम के किसी भी सदस्य को मुतवल्ली नहीं माना जाएगा जब तक कि ऐसा सदस्य ऐसी समिति का पदाधिकारी न हो या निगम। Sample format of Deed for Appointment of Muttawalli for Administration of wakf is given below: APPOINTMENT OF MUTTAWALLI To all to whom these presents shall come I _________ son of _________ _________by faith _________ by occupation_________ residing at_________ send greeting whereas by a deed of Declaration of Wakf made by_________ (hereinafter referred to as the wakif) on and bearing date the day of_________and registered by the Sub-Registrar of Assurance of_________ in Book No. 1, volume _________, pages_________ being, _________ for the year the said wakif dedicated the properties therein and in the schedule hereto particularly mentioned and described absolutely by way of wakf, divested himself of the ownership thereof to all intents and purposes and intended that the said properties shall be held and so treated and the rents, issues and profits thereof shall at all times thereafter be appropriated for the objects and purposes as indicated therein the ultimate benefit under the said wakf being reserved for purposes recognized by Mahomedan law as religious, pious or charitable as appearing in clauses _________ to _________ thereof and whereas the said Deed is in fall force and virtue and the income of the properties dedicated being utilised for the purposes mentioned therein and whereas by the said deed hereinbefore recited the said wakif laid down the following scheme for administration of the wakf and made provisions for the appointment of mutawalli, that is to say. (a) (b) (c) Now know ye all that in exercise of the powers, authorities and liberties given to and vested in me under by virtue of the deed hereinbefore recited and every and any other powers enabling me I the said do hereby nominate and appoint son of_________ deceased at present residing at by faith by occupation a Mahomedan belonging the Sunni School of Mahomedan law as mutawalli to be my successor in office after my death and in the event of his death during my lifetime his sons/daughters named _________ of the same place and caste as mutawalli or mutawallis next after me to administer the said Wakf estate. In witness whereof I the said _______ have hereunto set and subscribed my hand and seal this _________ day of _________ 20__. Signed, sealed and delivered by _______________ in the presence of: Witnesses: Signature __________ (Name) 1. 2. The Wakf Act, 1995 Section 6. Disputes regarding Wakfs (1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of wakfs. Explanation.-For the purposes of this section and section 7, the expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this Act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4. (2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. (3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1). Section 7 Power of Tribunal to determine disputes regarding wakfs (1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that- (a) in the case of the list of wakfs relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and (b) in the case of the list of wakfs relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). (4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-section (1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. DRAFTING Gallery www.lawtool.net Previous Next

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). 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.

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

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 Affidavit For Bail Bond With Form No. 45 For Bail Under Section 436, 437 And 438(3) Of Code Of Criminal Procedure. Affidavit for Bail Bond with Form No. 45 for bail under Section 436, 437 and 438(3) of Code of Criminal Procedure. Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code. The Accused who is seeking Anticipatory bail or regular bail need to file Bail Bond in Form NO. 45 with the Court. The bail bond should be supported with affidavit as per the format shown here. Sample Format of affidavit for Bail Bond under section 436, 437 and 438(3)of Criminal Procedure Code is as under. IN THE COURT OF SESSIONS JUDGE, _____________________COURT CRIMINAL MISCELLANEOUS (BAIL) APPLICATION NO ____ OF 20__ IN THE MATTER OF: MR. ____________ APPLICANT VERSUS STATE OF _____________ RESPONDENT AFFIDAVIT I _____________ son / daughter / wife of_____________ _____________ Aged about_____________ R/o__________________________ _____________ _____________ _____________ _____________ _____________ _____________ do hereby solemnly affirm and declare as under _____________ 1. That deponent is the resident of above said address and having his/her Ration Card no. is _____________ _____________ and Election Card No. _____________. 2. That accused is_____________ _____________of the deponent and deponent has full control over him/her and capable to produce him/her before this hon'ble court. 3. That deponent is working as _____________ _____________ at _____________ T/C. No _____________ earns Rs _____________ per month. 4. That deponent is the owner of household articles valued about of Rs. ____________ _____________ _____________ 5. That deponent is the owner of the immovable property bearing No. _____________ Measuring _____________ sq. yards situated at _____________ valued not less than Rs _____________. 6. That deponent undertakes to produce the accused before the honourable court on every date of hearing. 7. That I have an F.D.R. No _____________ Issued by _____________ For Rs. ______ 8. That I own a vehicle No. _____________ make _____________ R/C no _____________ at present valued not less than Rs. _____________. DEPONENT VERIFICATION Verified at Delhi on this _____________ day of 20 _____________ that the contents of this Affidavit are true and correct to the best of my knowledge & nothing material has been concealed therefrom, no part of it is untrue. DEPONENT Section 437 of the Criminal Procedure Code, 1973 437. When bail may be taken in case of non- bailable offence. (1) When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence: Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1), the Court may impose any condition which the Court considers necessary- (a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or (c) otherwise in the interests of justice. (4) An officer or a Court releasing any person on bail under sub- section (1) or sub- section (2), shall record in writing his or its 1 reasons or special seasons] for so doing. (5) Any Court which has released a person on bail under sub- section (1) or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time after the conclusion of the trial of a person accused of a non- bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. 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 WRITTEN STATEMENT (ORDER VII) C.P.C. WRITTEN STATEMENT (ORDER VII) C.P.C- A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons. WRITTEN STATEMENT (ORDER VII) C.P.C A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons. Before drafting a written statement, one should verify the provisions set out for drafting a plaint under order VI of CPC. Examine whether the suit is barred under order II Rule 2 CPC, carefully study the material facts and the documents referred to in the plaint, check whether the documents are duly stamped, see that the material facts are specifically denied. Study order VIII, CPC, make sure set-off or a counter-claim to be pleaded or not. Verify also whether the claim is barred under principles of res judicata. In the written statement, the defendant should mention at the top the name of the judge or court, trying the suit. Next, the name of the parties first named are mentioned, as it is not necessary to mention the names, description and place of residence of all the parties in the title of the written statement. The answering defendant thereupon replies to each Para of the plaint, unless there is some preliminary objection, the consideration of which is necessary in the first instance before the suit is tried on the merits of the case. Objections relating to the maintainability of the suit, locus standi of the plaintiff to file the suit, the non-joinder or mis-joinder of parties as to the jurisdiction of the court or as to limitation may: be included in the preliminary objection. Similarly, objections relating to court fees paid or valuation of the suit for process of jurisdiction are taken up in the first instance, The defendant may have additional facts to be stated which do not find and appropriate place in reply to the assertions made by the plaintiff in his plaint such additional facts or pleas maybe added in the written statement as additional pleas. The filing of a written statement by any defendant, whether it is a Government or not a Government, whether it is an ordinary person or a statutory body a corporation or any body else, is covered by the same provision, namely, order VIII, Rule 1.there is no other provision dealing with the filing of a written statement. It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth except damages. Every allegation of fact in this plaint, if not denied specifically of by' necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted. The pleading 'not know' is not tantamount to the pleading 'not admitted'. So also the plea of no knowledge' of fact pleaded in the plaint is not tantamount to a 'denial' of the existence of those facts and does not even amount to an implied denial according to order VIII, Rule 3 or Rule 5. 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 CONVEYANCING CONVEYANCING Conveyancing is a system of documentation relating to transactions of properties movable or immovable as well as contracts. CONVEYANCING Conveyancing is a system of documentation relating to transactions of properties movable or immovable as well as contracts. Meaning: The law and practice of effecting property transactions and of contracts in general is commonly known as 'Conveyancing', Conveyancing is described as an "art of creating, transferring and extinguishing interests in property both in dealing with substantive law and providing examples to illustrate its principles. Importance of Conveyancing: The question arises, what is the importance or advantage of the conveyancing system. The importance arises out of the legal system prevailing in the society. The society which recognizes private ownership of property and is governed by the Rule of Law must have necessarily laws governing rights and obligations of persons owning properties R or otherwise and the laws governing dealings of properties and other transactions. 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 ORIGINAL - PETITION ORIGINAL PETITION:- Petitions. or suits are interchangeable terms. However, in practice, the words 'petitions' and 'suits' are generally used to mean formal applications for seeking legal remedy. Suit of a civil nature is ordinarily tried in civil court. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits a civil nature. ORIGINAL PETITION Petitions. or suits are interchangeable terms. However, in practice, the words 'petitions' and 'suits' are generally used to mean formal applications for seeking legal remedy. Suit of a civil nature is ordinarily tried in civil court. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits a civil nature. Due to increasing litigation and delays in civil suits, parliament and state legislative created special courts and Tribunals with special enactments. The reason behind this exercise is for speedy disposal of cases of various types. For ex. Cases of ejectment in respect of urban buildings between the land lord and tenant are now dealt with by special courts created under various state legislations. Railway accidents claims are decided by railway claim Tribunals, claims by Industrial woken for payment of wages are entrusted to prescribed authorities. So is the case with the workman's compensation claims. In some states and in center also service tribunal have been created for adjudication of cases of public servants in disputes arising out of their employment, including dismissal, terminator of service, etc. At many places family courts have been established to deal with matrimonial disputes. In such cases which are dealt with by special courts under special enactments the party aggrieved expected to approach such special courts or tribunal and the jurisdiction of the civil courts under sec. 9 CPC is barred. These tribunals are given various powers of a civil court while trying a suit under CPC through they are not regular civil courts. Very often the presiding officer of these tribunals courts are also presiding officer, of regular civil courts for ex. In family courts and Motor Vehicle Tribunal. The provisions of the CPC do not as such necessarily apply to proceedings before these tribunals although proceedings are civil in nature. To what extent provisions of the CPC are applied to a particular civil proceeding depends on the statute under which the tribunal is created. The fundamental rule of pleadings mentioned in the part I of this study material are broadly applicable even to civil proceedings, though because of the relatively summary nature of those proceedings the same rules may not apply in their full rigors. In may case the proceedings are commenced not through -Plaint" but through "petition". Even though the fundamental rule should apply to a petition also, yet it is necessary for the pleader to study the statutory provisions carefully so that a blind adherence to the provisions of CPC may not land him in difficultly. For ex., Order 30, Rule I, permits a partnership firm to sue or to be sued in the name of the name of the firm. If the CPC has been applied as a whole to such civil proceedings, then of course, order 30 Rule 1 would also apply, but if the statute is silent on this point, then it would be necessary for all the partners the firm to sue or to be sued jointly in their individual names, instead of in the name of the firm. Like wise in respect of a claim petition before a service tribunal it may be necessary to implied the appointing authority of the public servant. In a suit before the civil court it is the Union of India or the state concerned which is required to be sued vide Art, 300 of the constitution of India. The appointing authority may be an authority subordinate to the Government but in a civil court it is not necessary or proper to impaled such and authority as defendant. These points of difference should be kept in mind while drafting pleading in such civil proceedings. Special Enactments (1) Hindu Marriage Act. 1955 (2) Administrative Tribunals Act. 1988 (3) Consumer Projection Act. 1986 (4) Arbitration and Conciliation Act. 1996 (5) Motor Vehicle Act. 1988 (6) Indian Succession Act. (7) Guardians and Wards Act, 1890 (8) Companies Act. 1956 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. 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.

TERMS AND CONDITIONS Last updated: 2020-12-30 1. Introduction Welcome to www.lawtool.net (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.lawtool.net (together or individually “Service”) operated by www.lawtool.net . Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at bhosleajay31@gmail.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. 2. Communications By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at bhosleajay31@gmail.com . 3. Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply. 4. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness. By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms. www.lawtool.net has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of www.lawtool.net or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. 5. Prohibited Uses You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service: 0.1. In any way that violates any applicable national or international law or regulation. 0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. 0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. 0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. 0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. Additionally, you agree not to: 0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service. 0.2. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. 0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent. 0.4. Use any device, software, or routine that interferes with the proper working of Service. 0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. 0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service. 0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack. 0.8. Take any action that may damage or falsify the Company rating. 0.9. Otherwise attempt to interfere with the proper working of Service. 6. Analytics We may use third-party Service Providers to monitor and analyze the use of our Service. 7. No Use By Minors Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service. 8. Accounts When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 9. Intellectual Property Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of www.lawtool.net and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of www.lawtool.net . 10. Copyright Policy We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to bhosleajay31@gmail.com , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright. 11. DMCA Notice and Procedure for Copyright Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; 0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located; 0.4. your address, telephone number, and email address; 0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via email at bhosleajay31@gmail.com . 12. Error Reporting and Feedback You may provide us either directly at bhosleajay31@gmail.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. 13. Links To Other Web Sites Our Service may contain links to third party web sites or services that are not owned or controlled by www.lawtool.net . www.lawtool.net has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. For example, the outlined Terms of Use have been created using PolicyMaker.io , a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT. 14. Disclaimer Of Warranty THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 15. Limitation Of Liability EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 16. Termination We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 17. Governing Law These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service. 18. Changes To Service We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users. 19. Amendments To Terms We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service. 20. Waiver And Severability No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect. 21. Acknowledgement BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. 22. Contact Us Please send your feedback, comments, requests for technical support by email: bhosleajay31@gmail.com . These Terms of Service were created for www.lawtool.net by PolicyMaker.io on 2020-12-30.

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.

make India digital and paperless India. GET IN TOUCH Contact Me AJAY A. BHOSLE | MAHARASHTRA NAGPUR | B hosleajay31@gmail.com | www.lawtool.net Submit Thanks for submitting!

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. DRAFTING Gallery www.lawtool.net Previous Next