Court and Litigation

LEGAL NOTICE

BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / SPEED POST / EMAIL Date: To, Subject: Sir/Madam, Under instructions from and on behalf of my client , residing at (hereinafter "my Client"), I hereby serve upon you the following legal notice: 1. FACTUAL BACKGROUND 2. YOUR DEFAULT 2.1 In the circumstances stated above, you have committed the following breach and default: 2.2 Your conduct constitutes a breach of your legal obligations towards my Client and has caused my Client loss, injury and prejudice. 2.3 Despite my Client's efforts to resolve this amicably, you have failed and neglected to remedy the position, leaving my Client with no option but to issue this notice. 3. DEMAND You are hereby called upon to do the following within days of receipt of this notice: 4. CONSEQUENCES OF NON-COMPLIANCE 4.1 TAKE NOTICE that if you fail to comply with the above demand within the stipulated period, my Client shall be constrained to initiate appropriate civil and/or criminal proceedings against you before the competent court or forum, entirely at your risk, cost and consequence. 4.2 In such…

VAKALATNAMA

I, , residing at , do hereby appoint and authorize (Enrollment No. ) to appear, act, and plead on my behalf in the matter described below, before the concerned court and any authority connected with it. CASE DETAILS I authorize the said Advocate to file pleadings, applications, appeals, and other documents, to receive notices and orders, to withdraw or compromise the case, and to do all other acts necessary for the proper conduct of the case, on my behalf. I hereby ratify and confirm all acts done by the said Advocate in pursuance of this authority. Executed on . CLIENT ACCEPTED

WRITTEN STATEMENT (CIVIL REPLY)

SUIT NO. IN THE MATTER OF: ... PLAINTIFF VERSUS ... DEFENDANT WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT UNDER ORDER VIII OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: PRELIMINARY OBJECTIONS A. That the suit as framed is not maintainable in law or on facts, and is liable to be dismissed in limine. B. That the Plaintiff has no cause of action against the Defendant, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908. C. That the Plaintiff has approached this Hon'ble Court with unclean hands, having suppressed and misstated material facts. PARAGRAPH-WISE REPLY The Defendant deals with the averments in the plaint as follows. Save as expressly and specifically admitted herein, EVERY averment, allegation and contention in the plaint is DENIED as if the same were set out and traversed seriatim. THE DEFENDANT'S VERSION OF THE FACTS ADDITIONAL PLEAS 1. That the Defendant has at all material times acted lawfully, in good faith, and in accordance with the obligations, if any, owed to the Plaintiff. 2. That the Plaintiff has…

BAIL APPLICATION

BAIL APPLICATION NO. OF 20 IN FIR No. Police Station: Under Sections: IN THE MATTER OF: , of , residing at ... APPLICANT / ACCUSED VERSUS STATE ... RESPONDENT APPLICATION FOR GRANT OF BAIL UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 MOST RESPECTFULLY SHOWETH: 1. That the Applicant is a law-abiding citizen with no previous criminal antecedents, and is a permanent resident of the address stated above, with deep roots in the community. 2. That the Applicant was arrested and taken into custody on in connection with FIR No. registered at Police Station for offences under . 3. FACTS OF THE PROSECUTION CASE 4. GROUNDS FOR BAIL The Applicant seeks bail on the following grounds: 5. FURTHER GROUNDS 5.1 That the Applicant is innocent of the offences alleged and has been falsely implicated in the present case. 5.2 That the Applicant has no previous conviction and no other case is pending against the Applicant. 5.3 That the investigation, insofar as it concerns the Applicant, is substantially complete, and no useful purpose will be served by the Applicant's continued detention. 5.4 That…

CAVEAT PETITION

CAVEAT PETITION NO. OF 20 IN THE MATTER OF: ... CAVEATOR VERSUS ... EXPECTED APPLICANT CAVEAT UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Caveator apprehends that the above-named Expected Applicant is likely to institute a suit, appeal, application or other proceeding before this Hon'ble Court in respect of the subject matter described below, and to seek interim orders therein. 2. SUBJECT MATTER OF THE ANTICIPATED PROCEEDING 3. GROUNDS OF APPREHENSION 4. That the Caveator has a direct and substantial interest in the subject matter of the anticipated proceeding, and would be adversely affected by any interim order passed without hearing the Caveator. 5. That the Caveator is a necessary and proper party to any such proceeding, and is entitled to be heard before any order is made against the Caveator's interest. 6. That Section 148A of the Code of Civil Procedure, 1908 entitles a person claiming a right to appear before the Court on the hearing of an application expected to be made, to lodge a caveat; and where a caveat has been…

LEGAL NOTICE UNDER SECTION 138 OF THE NEGO…

BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / SPEED POST Date: To, Sir/Madam, Under instructions from and on behalf of my client , residing at (hereinafter "my Client"), I serve upon you the following notice: 1. THE LIABILITY 1.1 You are legally liable to my Client in respect of the following: 1.2 The said liability is a legally enforceable debt within the meaning of Section 138 of the Negotiable Instruments Act, 1881. 2. THE CHEQUE 2.1 In discharge of the said liability, you issued to my Client Cheque No. dated for Rs. (Rupees only), drawn on . 2.2 You issued the said cheque with full knowledge of your liability and with the representation that it would be honoured on presentation. 3. DISHONOUR 3.1 My Client presented the said cheque for encashment on within the period of its validity. 3.2 The said cheque was returned unpaid by the bank vide its return memo dated , with the reason recorded as "". 3.3 The dishonour of the cheque establishes that you have committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. DEMAND 4.1 You are hereby called upon…

EXECUTION PETITION

EXECUTION PETITION NO. OF 20 IN SUIT/CASE NO. IN THE MATTER OF: ... DECREE HOLDER VERSUS ... JUDGMENT DEBTOR PETITION UNDER SECTION 51 READ WITH ORDER XXI OF THE CODE OF CIVIL PROCEDURE, 1908 FOR EXECUTION OF DECREE MOST RESPECTFULLY SHOWETH: 1. THE DECREE 1.1 This Hon'ble Court was pleased to pass a decree dated in Suit/Case No. in favour of the Decree Holder and against the Judgment Debtor. A certified copy of the decree is filed with this petition. 1.2 The decree directed as follows: 2. THAT THE DECREE REMAINS UNSATISFIED 2.1 The decretal amount is Rs. , together with interest and costs as awarded. 2.2 Amount realised to date: 2.3 The Judgment Debtor has failed and neglected to satisfy the decree, despite the Decree Holder's demands, and the decree remains wholly or substantially unsatisfied. 3. NO APPEAL OR STAY 3.1 The decree has attained finality. No appeal has been preferred against it, or where an appeal has been preferred, no stay of execution has been granted. 3.2 There is no legal impediment to the execution of the decree. 4. MODE OF EXECUTION SOUGHT The Decree Holder…

INTERIM INJUNCTION APPLICATION

I.A. NO. OF 20 IN SUIT NO. IN THE MATTER OF: ... PLAINTIFF / APPLICANT VERSUS ... DEFENDANT / RESPONDENT APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR GRANT OF TEMPORARY INJUNCTION MOST RESPECTFULLY SHOWETH: 1. NATURE OF THE DISPUTE 2. That the Applicant has filed the accompanying suit against the Respondent, and the contents of the plaint may kindly be read as part and parcel of this application and are not repeated here for the sake of brevity. 3. PRIMA FACIE CASE 3.1 The Applicant has a strong prima facie case on the merits, as follows: 3.2 There is a serious question to be tried in the suit, and the Applicant is likely to succeed at trial. 4. IRREPARABLE INJURY 4.1 If the injunction sought is not granted, the Applicant will suffer irreparable loss and injury, in the following manner: 4.2 The injury apprehended is such as cannot be adequately compensated in money, and the Applicant has no other equally efficacious remedy. 5. BALANCE OF CONVENIENCE The balance of convenience lies wholly in favour of the Applicant and…

AFFIDAVIT OF SERVICE

I, , residing at , do hereby solemnly affirm and declare as follows: 1. That I duly served on . 2. That the said service was effected as follows: . 3. That the contents of this affidavit are true and correct to the best of my knowledge and belief. DEPONENT Verified at on that the contents of the above affidavit are true and correct to the best of my knowledge and belief. DEPONENT

APPLICATION FOR CERTIFIED COPY

Case No. APPLICATION FOR CERTIFIED COPY Applicant: Respectfully submitted: 1. That the Applicant requires a certified copy of in the above matter, for use in further proceedings. 2. That the Applicant undertakes to pay the prescribed copying fees. PRAYER It is prayed that this Hon'ble Court be pleased to direct that a certified copy of be issued to the Applicant. APPLICANT Date:

LEGAL OPINION REQUEST LETTER

Subject: Request for legal opinion Dear , I am writing to request your written legal opinion on the following matter: SPECIFIC QUESTIONS Please let me know your fee for this opinion and the expected turnaround time. I look forward to your response. Date:

APPLICATION FOR WAIVER OF COURT FEE

APPLICATION FOR PERMISSION TO SUE AS AN INDIGENT PERSON UNDER ORDER XXXIII, CPC Applicant: , residing at Respectfully submitted: 1. That the Applicant is unable to pay the court fee prescribed for the suit intended to be filed, on account of the following financial circumstances: . 2. That the Applicant therefore seeks permission to sue as an indigent person under Order XXXIII of the Code of Civil Procedure, 1908. PRAYER It is prayed that this Hon'ble Court be pleased to grant permission to the Applicant to sue as an indigent person, waiving the requirement of court fee. APPLICANT Date:

IMPLEADMENT APPLICATION

Case No. APPLICATION FOR IMPLEADMENT UNDER ORDER I, RULE 10, CPC Applicant: Respectfully submitted: 1. That is a necessary party to the above proceedings for the following reasons: . 2. That without being made a party, the present suit cannot be effectively and completely adjudicated. PRAYER It is prayed that this Hon'ble Court be pleased to direct that be impleaded as a party to the above proceedings. APPLICANT Date:

OBJECTION PETITION

EXECUTION CASE NO. IN THE MATTER OF: ... DECREE HOLDER VERSUS ... JUDGMENT DEBTOR AND ... OBJECTOR OBJECTION PETITION UNDER ORDER XXI RULE 58 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Objector is not a party to the decree under execution, and has come to know that the property described below has been attached in the above execution proceedings. 2. THE PROPERTY ATTACHED 3. THE OBJECTOR'S RIGHT, TITLE AND INTEREST 4. That the said property does NOT belong to the Judgment Debtor, and is not liable to attachment or sale in satisfaction of the decree against the Judgment Debtor. 5. That the Objector is in possession of the said property in the Objector's own right, and not on behalf of or in trust for the Judgment Debtor. 6. DOCUMENTS RELIED UPON 7. That the attachment of the Objector's property in execution of a decree to which the Objector is not a party is without jurisdiction and causes the Objector serious and irreparable prejudice. 8. That this objection is filed promptly upon the Objector coming to know of the attachment, and before the property…

TRANSFER PETITION

Case No. , currently pending before Petitioner: Respectfully submitted: 1. That the above case is currently pending before . 2. That the Petitioner seeks transfer of this case to , on the following grounds: . PRAYER It is prayed that the above case be transferred from to . PETITIONER Date:

REVIEW PETITION

REVIEW PETITION NO. OF 20 IN CASE NO. IN THE MATTER OF: ... PETITIONER VERSUS ... RESPONDENT PETITION UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING REVIEW MOST RESPECTFULLY SHOWETH: 1. That this Hon'ble Court was pleased to pass an order/decree dated in Case No. . A certified copy is filed with this petition. 2. SUBSTANCE OF THE ORDER 3. GROUNDS FOR REVIEW 4. NEW AND IMPORTANT MATTER OR EVIDENCE The Petitioner states that the said matter or evidence was not within the Petitioner's knowledge, and could not, despite the exercise of due diligence, have been produced at the time when the order was passed. 5. ERROR APPARENT ON THE FACE OF THE RECORD That the order suffers from an error apparent on the face of the record, being an error that is self-evident and does not require any elaborate argument or a long-drawn process of reasoning to establish. 6. That no appeal has been preferred against the said order, or where an appeal lies, the Petitioner has not preferred one. 7. That the present petition is filed within the period of limitation…

REVISION PETITION

REVISION PETITION Against the order of in Case No. Petitioner: Respectfully submitted: 1. That passed an order in the above matter that the Petitioner submits was passed without jurisdiction or with a material irregularity, on the following grounds: . PRAYER It is prayed that this Hon'ble Court be pleased to call for the records of the case and set aside or correct the order of as appropriate. PETITIONER Date:

PLAINT (CIVIL SUIT)

SUIT NO. OF 20 IN THE MATTER OF: ... PLAINTIFF VERSUS ... DEFENDANT PLAINT UNDER ORDER VII OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. PARTIES 1.1 The Plaintiff is a resident of the address stated above and is competent to institute the present suit. 1.2 The Defendant is a resident of / carries on business at the address stated above. 2. FACTS OF THE CASE 3. CAUSE OF ACTION The cause of action arose within the jurisdiction of this Hon'ble Court and is continuing in nature. 4. JURISDICTION This Hon'ble Court has both territorial and pecuniary jurisdiction to try and determine the present suit. 5. LIMITATION The present suit is filed within the period of limitation prescribed under the Limitation Act, 1963. 6. VALUATION AND COURT FEE The suit is valued at Rs. for the purposes of jurisdiction and court fee, and the requisite court fee has been paid thereon. 7. That the Plaintiff has not filed any other suit, petition or proceeding in respect of the same subject matter before this or any other court. PRAYER It is therefore most respectfully prayed that this…

APPLICATION FOR CONDONATION OF DELAY

IN THE MATTER OF: ... APPLICANT VERSUS ... RESPONDENT APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963 FOR CONDONATION OF DELAY MOST RESPECTFULLY SHOWETH: 1. That the Applicant is filing the accompanying proceeding before this Hon'ble Court, the contents of which may kindly be read as part of this application. 2. That there has been a delay of days in filing the said proceeding. 3. REASONS FOR THE DELAY The delay has occurred for the following reasons: 4. That the delay is neither wilful nor deliberate, nor is it attributable to any negligence, inaction or want of bona fides on the part of the Applicant. The Applicant has been prevented by sufficient cause within the meaning of Section 5 of the Limitation Act, 1963 from filing within the prescribed period. 5. That the Applicant has acted with due diligence throughout, and approached this Hon'ble Court as soon as the circumstances causing the delay ceased to operate. 6. SUPPORTING MATERIAL 7. That the Applicant has a good case on the merits, and if the delay is not condoned the Applicant will suffer irreparable loss and be…

RESTORATION APPLICATION

MISC. APPLICATION NO. OF 20 IN CASE NO. IN THE MATTER OF: ... APPLICANT VERSUS ... RESPONDENT APPLICATION UNDER ORDER IX OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RESTORATION MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter was listed before this Hon'ble Court on , and on that date the matter was dismissed for default / decided ex-parte in the absence of the Applicant. 2. REASON FOR NON-APPEARANCE The Applicant was unable to appear or be represented on the said date for the following reasons: 3. That the absence of the Applicant on the said date was neither intentional nor deliberate, nor did it arise from any negligence or want of bona fides. The Applicant was prevented by sufficient cause from appearing. 4. That the Applicant has been diligent in prosecuting the matter on all other dates, and has at no stage shown any disinterest in its outcome. 5. SUPPORTING MATERIAL 6. That the Applicant has a good and arguable case on the merits, and if the matter is not restored the Applicant will be gravely prejudiced and denied an adjudication on the merits. 7. That no prejudice…

MEMORANDUM OF APPEAL

FIRST APPEAL NO. OF 20 (Arising out of the judgment and decree/order dated passed by the in Case No. ) IN THE MATTER OF: ... APPELLANT VERSUS ... RESPONDENT MEMORANDUM OF APPEAL UNDER SECTION 96 READ WITH ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the Appellant is aggrieved by the judgment and decree/order dated passed by the in Case No. , and prefers the present appeal against it. A certified copy of the impugned judgment and decree is filed with this appeal. 2. BRIEF FACTS 3. That the Appellant has not filed any other appeal, revision or proceeding against the impugned judgment and decree before this or any other court. 4. That the present appeal is filed within the period of limitation prescribed under the Limitation Act, 1963. 5. That the appeal is valued at Rs. , and the requisite court fee has been paid. GROUNDS OF APPEAL The Appellant challenges the impugned judgment and decree on the following among other grounds, each of which is taken without prejudice to the others: FURTHER GROUNDS A. That the impugned judgment and decree is contrary…

COMPROMISE PETITION

CASE NO. IN THE MATTER OF: ... PLAINTIFF VERSUS ... DEFENDANT JOINT COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter is pending adjudication before this Hon'ble Court. 2. That the parties, with the intervention of well-wishers and common relatives/friends, and in order to maintain cordial relations and to avoid protracted litigation, have amicably settled all disputes and differences between them. 3. That the settlement has been arrived at voluntarily, out of the free will of both parties, without any coercion, force, fraud, misrepresentation or undue influence from any quarter, and after fully understanding its terms and consequences. 4. TERMS OF SETTLEMENT The parties have agreed as follows: 5. PAYMENT TERMS 6. That both parties agree that upon compliance with the terms recorded above, neither shall have any claim, demand or grievance of any nature against the other in respect of the subject matter of the present proceedings. 7. That both parties give up and relinquish all other claims…

REJOINDER

CASE NO. IN THE MATTER OF: ... PLAINTIFF VERSUS ... DEFENDANT REJOINDER ON BEHALF OF THE PLAINTIFF TO THE WRITTEN STATEMENT FILED BY THE DEFENDANT MOST RESPECTFULLY SHOWETH: 1. That the contents of the plaint may kindly be read as an integral part of this rejoinder and are not repeated here for the sake of brevity. Nothing stated in the written statement is admitted unless specifically admitted herein. 2. That the written statement filed by the Defendant is a bundle of falsehoods, evasive denials and afterthoughts, designed to mislead this Hon'ble Court and to delay the adjudication of the suit. REPLY TO PRELIMINARY OBJECTIONS Each of the preliminary objections raised by the Defendant is misconceived, untenable in law, and liable to be rejected. PARAGRAPH-WISE REPLY Save as expressly and specifically admitted herein, EVERY averment, allegation and contention contained in the written statement is DENIED as if the same were set out and traversed seriatim. ADDITIONAL SUBMISSIONS A. That the Defendant has failed to specifically deny the material averments in the plaint, and such…

CONTEMPT PETITION

CONTEMPT PETITION NO. OF 20 IN CASE NO. IN THE MATTER OF: ... PETITIONER VERSUS ... ALLEGED CONTEMNOR PETITION UNDER THE CONTEMPT OF COURTS ACT, 1971 FOR INITIATION OF PROCEEDINGS FOR CIVIL CONTEMPT MOST RESPECTFULLY SHOWETH: 1. That this Hon'ble Court was pleased to pass an order dated in Case No. . A certified copy of the said order is filed with this petition. 2. DIRECTIONS CONTAINED IN THE ORDER The said order directed as follows: 3. That the said order was duly communicated to and served upon the alleged contemnor, who had full knowledge of its contents and of the directions contained in it. 4. DISOBEDIENCE 5. That the disobedience of the alleged contemnor is WILFUL and DELIBERATE. The alleged contemnor was fully aware of the order, was in a position to comply with it, and has without any lawful justification failed and neglected to do so. 6. That the conduct of the alleged contemnor amounts to civil contempt within the meaning of Section 2(b) of the Contempt of Courts Act, 1971, being wilful disobedience of an order of this Hon'ble Court. 7. That the alleged contemnor's…

WRIT PETITION

(EXTRAORDINARY WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. OF 20 IN THE MATTER OF: ... PETITIONER VERSUS ... RESPONDENTS PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA TO, THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is a citizen of India and is entitled to invoke the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India. 2. That the Respondents are "State" or instrumentalities of the State within the meaning of Article 12 of the Constitution of India, and are amenable to the writ jurisdiction of this Hon'ble Court. 3. FACTS OF THE CASE 4. THE IMPUGNED ACTION 5. GROUNDS 6. FURTHER GROUNDS A. That the impugned action is arbitrary, unreasonable and violative of Article 14 of the Constitution of India. B. That the impugned action has been taken without affording the Petitioner an opportunity of being heard, in violation of the principles of natural justice. C. That the impugned action is without jurisdiction and in excess…

APPLICATION FOR AMENDMENT OF PLEADINGS

I.A. NO. OF 20 IN CASE NO. IN THE MATTER OF: ... / APPLICANT VERSUS ... OPPOSITE PARTY APPLICATION UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING LEAVE TO AMEND THE PLEADINGS MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter is pending before this Hon'ble Court, and is presently at the stage of . 2. PROPOSED AMENDMENTS The Applicant seeks leave to amend the pleadings as follows: 3. REASON FOR THE AMENDMENT 4. That the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties, and without it the true controversy cannot be effectually adjudicated. 5. That the amendment sought does not change the nature and character of the case, nor does it introduce an entirely new or inconsistent case. It merely clarifies and elaborates what is already pleaded. 6. That the amendment does not withdraw any admission made by the Applicant, nor does it seek to take away any right that has accrued to the opposite party. 7. That the Applicant has acted with due diligence. The facts sought to be introduced could not…

APPLICATION FOR PRODUCTION OF DOCUMENTS

I.A. NO. OF 20 IN CASE NO. IN THE MATTER OF: ... APPLICANT VERSUS ... OPPOSITE PARTY APPLICATION SEEKING A DIRECTION FOR PRODUCTION OF DOCUMENTS MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter is pending adjudication before this Hon'ble Court. 2. DOCUMENTS SOUGHT The Applicant seeks a direction for the production of the following documents, which are in the possession, custody or power of the opposite party: 3. RELEVANCE AND NECESSITY Each of the documents sought is directly relevant to the matters in issue, and is necessary either for disposing fairly of the proceedings or for saving costs. 4. That the documents sought are specifically described and identified. This application is not in the nature of a roving or fishing enquiry, and does not seek general discovery of an unspecified class of documents. 5. EFFORTS ALREADY MADE Despite the above, the documents have not been produced, and the Applicant has no means of obtaining them other than through an order of this Hon'ble Court. 6. That the documents are in the exclusive possession and knowledge of the opposite party,…