Drafting, Pleadings and Conveyancing

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AFFIDAVIT

AFFIDAVIT

Affidavit is a written declaration. on oath. A written statement sworn before a person having authority to administer on oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements as to his belief, with the grounds thereof, may be admitted.

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.

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.

Appointment of Muttawalli for Administration of Wakf

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:

BAIL APPLICATION

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 for feited.

CIVIL- PLEADING - PLAINT

CIVIL- PLEADING - PLAINT

PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars.

CONVEYANCING

CONVEYANCING

CONVEYANCING
Conveyancing is a system of documentation relating to transactions of properties movable or immovable as well as contracts.

CRIMINAL

CRIMINAL

COMPLAINT: Cases relating to crimes are triable by the Criminal courts of which the fir court is that of judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by Metropolita Magistrates, while the serious ones are initially investigated and then sent up to the sessions courts trial. The schedule appended to the code of Criminal procedure gives and provides a list of crimes and offences tribal by Metropolitan Magistrate and by the count of sessions.

CRIMINAL MISCELLANEOUS PETITION

CRIMINAL MISCELLANEOUS PETITION

In offences state becomes the party and the accused has to put up his defence. It is the duty of the prosecution on behalf of the state to prove the guilt of an accused. In such a situation the aggrieved party is not required to institute any petition. It is the responsibility of the state to launch prosecution against the criminal who has committed the offences of Criminal nature.

Criminal Complaint u/s 138 of Negotiable Instruments Act

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

Drafting, Pleadings and Conveyancing

Drafting, Pleadings and Conveyancing

GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES
The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter.

EXECUTION -  PETITION

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.

INTERLOCUTORY APPLICATIONS (IA)

INTERLOCUTORY APPLICATIONS (IA)

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.

MEMORANDUM OF APPEAL AND REVISION

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)

ORIGINAL - PETITION

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.