Drafting of Pleading and Conveyancing , For Law Students

 

 

General Principles of Drafting

 

Definition:

Drafting refers to the process of carefully preparing legal documents that communicate specific intentions and facts in a clear, logical, and legally effective manner. These documents include pleadings, petitions, affidavits, and deeds.

Purpose:

The purpose of drafting is to:

• Clearly present facts and legal issues,
• Secure legal rights or remedies,
• Prevent ambiguities or disputes,
• Comply with procedural and substantive laws.

Key Principles of Drafting:

1. Clarity and Simplicity

• Use plain language to ensure understanding.
• Avoid complex and archaic expressions.

2. Conciseness

• Use precise words. Legal documents should be direct and to the point without unnecessary verbosity.

3. Logical Structure

• Use headings and subheadings.
• Arrange content chronologically or thematically.

4. Material Facts Only

• As per Order VI Rule 2 of CPC, pleadings must contain facts, not evidence or legal arguments.
• Example: Instead of saying, “The defendant is a fraud,” state, “The defendant issued a cheque which was dishonoured due to insufficient funds.”

5. Use of Legal Terminology

• Drafts must incorporate established legal phrases where necessary but ensure they’re used correctly.

6. Avoid Redundancy

• Repetition or restating facts in multiple ways is discouraged unless required for emphasis or clarity.

7. Lawful and Ethical Content

• The document must not be against public policy or contain fraudulent information.

Relevant Substantive Rules:

• Civil Procedure Code, 1908
  • Order VI Rule 2: Facts, not evidence
  • Order VII & VIII: Requirements for Plaint and Written Statement
• Indian Contract Act, 1872
  • Section 10: Essentials of a valid agreement
• Transfer of Property Act, 1882
  • Governs deeds like sale, lease, gift, mortgage

Case Law:

M/s. Virendra Kashinath Ravat v. Vinayak N. Joshi (1999) 1 SCC 47

Facts: The issue involved was whether the pleadings had adequately disclosed material facts.

Judgment: The Supreme Court held that pleadings must state only material facts and not evidence or law. Clarity and precision are essential.

Example of Faulty vs. Correct Drafting:

❌ Faulty:
“The defendant is a very bad man and often cheats people.”

✅ Correct:
“The defendant issued a post-dated cheque of Rs. 1,00,000, which was dishonoured on presentation on 01.01.2024.”

Conclusion:

Mastering the principles of drafting ensures the document is legally valid, enforceable, and understandable to courts, clients, and other stakeholders. Clarity, accuracy, and relevance are the pillars of effective legal drafting.

 

 

PLAINT

 

Definition:

A plaint is a legal document filed by a plaintiff that initiates a civil lawsuit. It outlines the cause of action, the facts of the case, the relief sought, and the jurisdiction of the court.

Relevant Law:

• Order VII of the Code of Civil Procedure, 1908 (CPC)
• Order VI Rule 2, CPC – Pleadings must contain material facts, not evidence.

Essential Contents of a Plaint:

As per Order VII Rule 1 CPC, the plaint must contain:

1. Name of the Court
2. Name and description of the parties
3. Jurisdiction of the court (pecuniary and territorial)
4. Facts constituting the cause of action
5. Facts showing that the suit is within limitation
6. Value of the subject matter for court fees and jurisdiction
7. Relief claimed by the plaintiff
8. Verification by the plaintiff

Format of a Plaint:

IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION, [City]

 

Civil Suit No. ___ of 20__

 

[Plaintiff’s Full Name]

S/o [Father’s Name],

Resident of [Full Address] ……………………..Plaintiff

 

VERSUS

 

[Defendant’s Full Name]

S/o [Father’s Name],

Resident of [Full Address] ……………………..Defendant

 

SUIT FOR RECOVERY OF MONEY

 

1. That the plaintiff and defendant are known to each other for the last 10 years.
2. That on 01.01.2024, the defendant borrowed Rs. 1,00,000 from the plaintiff for six months.
3. That the defendant failed to repay the said amount despite repeated reminders.
4. That a legal notice was served on 01.08.2024 but no payment was made.
5. That the cause of action arose on 01.07.2024 and is continuing.
6. That the suit is within limitation.
7. That this court has jurisdiction to try this suit.
8. That the valuation of the suit is Rs. 1,00,000 for court fees and jurisdiction.

 

**PRAYER:**

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Pass a decree of Rs. 1,00,000 in favour of the plaintiff.

(b) Award interest @ 12% p.a. from 01.07.2024 till realization.

(c) Award cost of the suit.

(d) Pass any other order deemed fit and proper.

 

Place: ___________

Date: ____________

 

Plaintiff

Through Counsel

[Name & Signature]

 

Important Case Law:

Bachhaj Nahar v. Nilima Mandal & Anr (2008) 17 SCC 491

Facts: Relief was granted by the trial court without being specifically pleaded.

Held: The Supreme Court held that relief cannot be granted unless it is specifically pleaded. Pleadings must set out material facts forming the basis of relief.

Practical Tips:

• Always start with a brief history of the transaction.
• Include dates, amounts, and facts relevant to the cause of action.
• Avoid arguments or evidence — just state facts.
• End with a well-framed prayer clause.

Conclusion:

A well-drafted plaint is essential for a successful civil suit. It sets the foundation of litigation and ensures the court understands the grievance and the remedy sought.

 

WRITTEN STATEMENT

 

Definition:

A Written Statement is the reply filed by the defendant in a civil suit in response to the plaint. It contains admissions or denials of the allegations made by the plaintiff and may also set out the defendant’s version of the facts.

Relevant Law:

• Order VIII of the Code of Civil Procedure, 1908
• Section 9 & 10 of the Limitation Act, 1963 (for raising limitation as a defense)

Key Rules under Order VIII CPC:

1. Rule 1: The written statement must be filed within 30 days from the date of service of summons. It can be extended to 90 days in exceptional cases.
2. Rule 3: Specific denial – Defendant must specifically deny each allegation; else, it may be deemed admitted.
3. Rule 5: Allegations not denied specifically shall be deemed admitted.
4. Rule 6: Set-off – A defendant can claim an amount owed by the plaintiff in the same suit.
5. Rule 6A–6G: Counter-claim – Defendant may claim damages or other reliefs against the plaintiff.

Format of a Written Statement:

IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION, [City]

 

Civil Suit No. ___ of 20__

 

Written Statement on behalf of the Defendant

 

1. That the contents of Para 1 of the plaint are admitted.
2. That the contents of Para 2 are denied. The defendant never borrowed Rs. 1,00,000.
3. That the plaintiff’s claim is false and baseless. No legal notice was ever received.
4. That there is no cause of action and the suit is liable to be dismissed.
5. That the suit is barred by limitation.
6. That the plaintiff has no locus standi to file the suit.
7. That without prejudice, even if any amount was due (which is not admitted), the same has been repaid.

 

**PRAYER:**

It is respectfully prayed that the suit may kindly be dismissed with costs.

 

Place: ___________

Date: ____________

 

Defendant

Through Counsel

[Name & Signature]

Important Case Law:

K.K. Modi v. K.N. Modi (1998) 3 SCC 573

Facts: The dispute was related to family settlement and the defendant took contradictory positions in the written statement.

Held: The Supreme Court emphasized the importance of consistency and truthful pleadings. A party cannot take inconsistent stands.

Practical Tips:

• Deny allegations specifically and not in vague terms.
• Raise all defenses clearly including jurisdiction, limitation, lack of cause of action, etc.
• Counter-claim must be supported by facts and within limitation.
• Avoid evasive denials; courts disfavor them.

Conclusion:

The written statement is the defendant’s first and most important opportunity to contest the suit. It must be factual, lawful, and strategically sound to weaken the plaintiff’s case and present a strong defense.

 

INTERLOCUTORY APPLICATION

 

Definition:

An Interlocutory Application (IA) is a temporary application filed in an ongoing civil or criminal proceeding seeking interim relief or direction from the court, pending final disposal of the main case.

Legal Basis:

• Order XXXIX of the CPC – Temporary Injunctions
• **Order XL – Appointment of Receivers
• Section 151 of CPC – Inherent powers of the Court
• Also filed under other specific orders like Order XXVI (Commission), Order XI (Discovery), etc.

Common Types of Interlocutory Applications:

1. Temporary Injunctions (Order XXXIX Rule 1 & 2)
2. Stay of Proceedings
3. Appointment of Receiver (Order XL)
4. Attachment before judgment (Order XXXVIII Rule 5)
5. Commission to examine witness (Order XXVI Rule 1)
6. Condonation of delay
7. Amendment of pleadings (Order VI Rule 17)

Format of an Interlocutory Application:

 

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, [City]

 

I.A. No. ____ of 20__

In

Civil Suit No. ___ of 20__

 

Applicant/Plaintiff: [Full Name]

Versus

Respondent/Defendant: [Full Name]

 

APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 CPC

FOR GRANT OF TEMPORARY INJUNCTION

 

MOST RESPECTFULLY SHOWETH:

 

1. That the plaintiff has filed the accompanying suit for permanent injunction.
2. That the defendant is trying to illegally dispossess the plaintiff during the pendency of the suit.
3. That the plaintiff has a prima facie case and will suffer irreparable loss if relief is not granted.
4. That the balance of convenience lies in favour of the plaintiff.

 

**PRAYER:**

It is therefore prayed that this Hon’ble Court may kindly grant a temporary injunction restraining the defendant from dispossessing the plaintiff during the pendency of the suit.

 

Place: _________

Date: ___________

 

Applicant

Through Counsel

[Name & Signature]

 

Essentials for Granting Interim Relief:

 

As laid down in Dalpat Kumar v. Prahlad Singh (1992) 1 SCC 719, the court must consider:

1. Prima facie case
2. Irreparable injury
3. Balance of convenience

Important Case Law:

Dalpat Kumar v. Prahlad Singh (1992) 1 SCC 719

Facts: The plaintiff sought a temporary injunction to prevent dispossession.

Held: The Supreme Court held that interim relief must not be granted unless the three-pronged test (prima facie case, irreparable loss, and balance of convenience) is satisfied.

Practical Tips:

• File the IA along with the main suit or immediately after cause arises.
• Attach a supporting affidavit.
• Keep arguments brief and focused on urgency.

Conclusion:

Interlocutory Applications are crucial tools for protecting parties’ rights during litigation. Properly drafted IAs ensure that justice is not defeated due to procedural delays or interim harm.

 

ORIGINAL PETITION

 

Definition:

An Original Petition (OP) is a legal document used to initiate proceedings in civil cases where no cause of action is alleged, but a legal remedy or declaration is sought. Unlike a plaint, an OP is not based on a dispute but is often filed to obtain a declaration, direction, probate, guardianship, or other special relief.

Where Original Petitions Are Commonly Used:

• Family Courts: For divorce, guardianship, maintenance
• Probate and Succession cases: Grant of Probate or Letters of Administration
• Matrimonial Petitions: Under Hindu Marriage Act
• Company Law Tribunal: For mergers, oppression, mismanagement
• High Courts: In Constitutional or Writ Jurisdiction (though usually titled “Writ Petition”)

Relevant Laws:

• Order XXIII Rule 1 CPC – Withdrawal of suits and petitions
• Special Acts: Hindu Marriage Act, Indian Succession Act, Guardians and Wards Act, Companies Act, etc.

Format of an Original Petition:

IN THE FAMILY COURT AT [City]

 

Original Petition No. ___ of 20__

 

In the matter of:

[Petitioner’s Full Name]

S/o [Father’s Name],

Resident of [Address] …………………..Petitioner

 

VERSUS

 

[Respondent’s Full Name]

S/o [Father’s Name],

Resident of [Address] …………………..Respondent

 

 

PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 FOR DIVORCE

 

MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner was legally married to the respondent on 01.01.2010 at Delhi.
2. That the parties lived together until March 2022 and separated due to cruelty and mental torture.
3. That no child was born out of the wedlock.
4. That the respondent has deserted the petitioner for more than two years.
5. That the marriage has irretrievably broken down and there is no possibility of reconciliation.

 

**PRAYER:**

The petitioner therefore prays that this Hon’ble Court may be pleased to:

 

(a) Pass a decree of divorce under Section 13 of the Hindu Marriage Act, 1955;

(b) Grant any other relief deemed just and proper.

 

Petitioner

Through Counsel

[Name & Signature]

 

Important Case Law:

 

Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558

Facts: A husband filed for divorce due to mental cruelty.

Held: The Supreme Court observed that if the marriage has broken down irretrievably, courts may dissolve it even if cruelty is hard to prove traditionally.

Practical Tips:

• Ensure jurisdiction (based on residence or last place of cohabitation).
• Attach affidavits and relevant documents (marriage certificate, etc.).
• Focus on facts that establish the legal grounds for the petition.

Conclusion:

Original Petitions are essential for initiating special legal proceedings where disputes may not necessarily exist but judicial intervention is required. Clarity, precision, and proper legal grounds are key to successful outcomes.

 

 

AFFIDAVIT

 

Definition:

An affidavit is a written statement of facts voluntarily made by a person (deponent) under oath or affirmation, sworn before an authority empowered to administer such oath (like a magistrate or notary).

It is used as evidence in courts or as supporting material for applications or petitions.

Legal Framework:

• Section 139 of the Code of Civil Procedure (CPC), 1908: Affidavits may be filed in support of pleadings.
• Order XIX CPC: Deals specifically with affidavits.
• Section 3 of the General Clauses Act, 1897: Defines affidavit.
• Order XI Rule 13 of Supreme Court Rules: Governs affidavits in the Supreme Court.
• Section 191 & 193 IPC: Penal consequences for false affidavit (perjury).

Types of Affidavits:

1. Affidavit in support of pleadings (plaint, written statement, etc.)
2. Interlocutory application affidavits
3. Affidavit of service
4. Proof of identity/address
5. Affidavit of evidence (used in trial in place of oral testimony)

Essentials of a Valid Affidavit:

• Must be in first person.
• Must contain facts within personal knowledge of the deponent.
• Must be divided into numbered paragraphs.
• Must not contain arguments, opinions or hearsay.
• Must be signed by the deponent and attested by a notary/magistrate/commissioner.

Format of an Affidavit:

 

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, [CITY]

 

Affidavit of [Name], S/o [Father’s Name], aged about [Age], residing at [Address].

 

I, the above-named deponent, do hereby solemnly affirm and declare as under:

 

1. That I am the petitioner in the accompanying petition and am well acquainted with the facts of the case.
2. That the facts stated in paras 1 to 5 of the accompanying petition are true and correct to my personal knowledge.
3. That I have not suppressed any material facts.

 

DEPONENT

 

Verification:

Verified at [City] on this [Date], that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

 

DEPONENT

 

Solemnly affirmed and signed before me on this [Date] at [Place].

 

(Signature & Seal of Notary/Oath Commissioner)

Important Case Law:

Barium Chemicals Ltd. v. Company Law Board (1967 AIR 295)

Facts: An affidavit containing material based on hearsay was rejected.

Held: Affidavits must contain facts based on personal knowledge. The Supreme Court emphasized that hearsay or legal conclusions are inadmissible.

State of Bombay v. Purushottam Jog Naik (AIR 1952 SC 317)

Held: An affidavit must disclose the source of information if facts are not personally known.

Practical Guidelines:

• Always use truthful and verified
• Ensure proper attestation.
• Avoid conclusions and arguments.
• Affidavit should be used to support your pleadings or application—not to replace them unless law permits.

Conclusion:

Affidavits serve as vital instruments of procedural and evidentiary law. A properly drafted affidavit can substantially support a party’s claims, but a defective or false affidavit can result in perjury charges or rejection of the case.

 

 

 

EXECUTION PETITION

Definition:

An Execution Petition is a legal application filed by a decree-holder to enforce a decree or order of a court. When the judgment-debtor fails to comply voluntarily, the decree-holder seeks court assistance to execute the decree.

Legal Framework:

• Section 36 to 74 of the Code of Civil Procedure (CPC), 1908
• Order XXI CPC – Deals exclusively with procedures for execution of decrees.

Types of Decrees That Can Be Executed:

1. Money decrees
2. Decrees for possession of immovable property
3. Decrees for specific performance
4. Injunction decrees
5. Decrees for restitution of conjugal rights

Who May File an Execution Petition:

• The decree-holder or a person claiming under the decree-holder.

Where to File:

• In the court which passed the decree, or
• The court to which it is transferred for execution.

Mode of Execution:

• By delivery of property (movable/immovable)
• By attachment and sale or sale without attachment
• By arrest and detention of the judgment-debtor
• By appointing a receiver
• By partition or other lawful means

Format of Execution Petition:

 

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, [CITY]

 

Execution Petition No. ___ of 20__

In

Civil Suit No. ___ of 20__

 

Decree Holder: [Name & Address]

Judgment Debtor: [Name & Address]

 

EXECUTION PETITION UNDER SECTION 36 AND ORDER XXI OF THE CPC, 1908

 

MOST RESPECTFULLY SHOWETH:

 

1. That the decree holder filed a suit for recovery bearing Suit No. __ of 20__, which was decreed on [Date].
2. That the court passed a decree in favor of the decree holder for Rs. ___.
3. That the judgment debtor has failed to comply with the decree.
4. That the decree holder prays for execution of the decree by attachment and sale of movable property of the judgment debtor.

 

PRAYER:

It is, therefore, prayed that this Hon’ble Court may be pleased to:

 

(a) Issue warrant of attachment and sale of the judgment debtor’s property;

(b) Pass such other orders as deemed fit in the interest of justice.

 

Decree Holder

Through Counsel

[Name & Signature]

Important Case Laws:

Mohit Bhargava v. Bharat Bhushan Bhargava (2007) 4 SCC 795

Facts: Delay in filing execution petition led to legal complications.

Held: Supreme Court emphasized that an execution petition must be filed within the limitation period of 12 years under Article 136 of the Limitation Act.

Topanmal Chhotamal v. Kundomal Gangaram (AIR 1960 SC 388)

Held: Execution court cannot go behind the decree; its duty is to enforce the decree as it stands.

Limitation Period:

• 12 years from the date the decree becomes enforceable (Article 136, Limitation Act, 1963)

Key Points for Drafting:

• Clearly mention decree details and date
• State non-compliance by the judgment debtor
• Choose appropriate mode of execution
• Attach certified copy of decree

Conclusion:

Execution petitions ensure that judicial decisions are not mere paper decrees but enforceable legal instruments. Proper drafting and timely filing are critical to uphold the rule of law and deliver justice.

 

MEMORANDUM OF APPEAL

Definition:

A Memorandum of Appeal is a legal document filed to challenge the judgment, decree, or order of a subordinate court. It sets out the grounds on which the appellant (the aggrieved party) seeks reversal or modification of the decision.

Legal Framework:

• Section 96 to 112 of the Civil Procedure Code (CPC), 1908 – Appeals from original decrees.
• Order XLI CPC – Procedure relating to civil appeals.
• Order XLII, XLIII & XLV CPC – Appeals from appellate decrees, orders, and to the Supreme Court respectively.

Essential Elements of a Memorandum of Appeal:

1. Heading with court name and parties.
2. Details of the impugned decree/order (date, court, case number).
3. Statement of facts.
4. Grounds of appeal (each ground should be numbered and distinct).
5. Prayer clause – What relief is being sought.
6. Signature of appellant/appellant’s advocate.
7. Verification and attestation.

Types of Appeals:

• First Appeal – From original decree (Section 96 CPC)
• Second Appeal – On substantial questions of law (Section 100 CPC)
• Appeal from Orders – Specific orders listed under Section 104 & Order XLIII
• Appeal to the Supreme Court – Constitutional and statutory grounds

Format of Memorandum of Appeal:

 

IN THE COURT OF DISTRICT JUDGE, [CITY]

 

MEMORANDUM OF APPEAL

(Under Section 96 of CPC, 1908)

 

Appellant:

[Name, Father’s Name, Address]

 

Versus

 

Respondent:

[Name, Father’s Name, Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the appellant is aggrieved by the judgment and decree dated [Date] passed by the Learned Civil Judge, [City], in Suit No. ___ of 20__.
2. That the said judgment is bad in law and contrary to facts.
3. That the learned trial court failed to appreciate the evidence in a lawful manner.
4. That the judgment suffers from legal infirmities and errors apparent on the face of the record.

 

**GROUNDS OF APPEAL**:

1. Because the trial court erred in holding the title of the defendant despite no conclusive evidence.
2. Because the plaintiff’s documentary evidence was not properly considered.
3. Because the court ignored settled principles of law regarding adverse possession.

 

**PRAYER:**

The appellant, therefore, prays that:

1. The impugned judgment and decree be set aside;
2. The suit of the appellant be decreed as prayed;
3. Any other relief deemed fit may also be granted.

 

Appellant

Through Counsel

[Signature]

 

**Verification:**

Verified at [City] on this [Date], that the contents are true to the best of my knowledge.

 

Appellant

 

 

Important Case Law:

Bhagwan Singh v. State of Punjab (AIR 1965 SC 101)

Held: Every appeal must be accompanied by specific and clearly stated grounds. Vague or general grounds are not sufficient for legal remedy.

Laliteshwar Prasad Singh v. S.P. Misra (2007) 2 SCC 445

Held: An appellate court is not bound by the findings of the trial court and can re-appreciate evidence if substantial injustice is demonstrated.

Time Limit for Filing Appeal (As per Limitation Act):

• First Appeal (Civil Decree): 90 days
• Second Appeal: 90 days
• Appeal from Orders: 30 days
• Appeal to Supreme Court (S.L.P.): 90–120 days

Conclusion:

The Memorandum of Appeal is a powerful legal tool that upholds the right to review erroneous judgments. Proper articulation of factual and legal grounds, supported by evidence and procedural compliance, is essential to a successful appeal.

 

 

MEMORANDUM OF REVISION

Definition:

A Memorandum of Revision is a formal written application to a higher court requesting it to revise or correct the order, judgment, or proceedings of a lower court or tribunal.

It is not an appeal but a special remedy to address errors of jurisdiction, procedural impropriety, or grave injustice.

Legal Framework:

• Section 115 of the Code of Civil Procedure (CPC), 1908 – Revisional jurisdiction of High Courts.
• Various State laws and Criminal Procedure Code (CrPC) provide revisionary powers to High Courts and Sessions Courts.
• Revision is exercised to ensure supervision and control over subordinate courts.

When Can Revision be Filed?

• When there is illegality or jurisdictional error.
• When there is gross failure of justice.
• When the order is passed without following procedural requirements.
• When no appeal lies but serious errors need correction.

Who Can File a Memorandum of Revision?

• Aggrieved party against the order/judgment of subordinate courts.
• Can be filed by the party or the court itself (suo motu).

Distinction from Appeal:

Aspect	Appeal	Revision
Purpose	Re-examination of facts and law	Correction of jurisdictional/ procedural errors
Scope	Wide scope; re-appreciate evidence	Limited to legality and jurisdiction
Who exercises power	Appellate court	Revisional court (usually High Court)
Time limitation	Specified (varies by appeal type)	Generally flexible but promptness expected

Format of Memorandum of Revision:

 

IN THE HIGH COURT OF [STATE]

 

Revision Petition No. ___ of 20__

 

Petitioner:

[Name & Address]

 

Versus

 

Respondent:

[Name & Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is aggrieved by the order dated [Date] passed by the Learned [Name of lower court] in Case No. ___.
2. That the said order is illegal and suffers from jurisdictional errors.
3. That the learned court failed to consider the material facts and passed the order without jurisdiction.
4. That the petitioner has no alternate remedy as the order is not appealable.
5. That the petitioner prays for setting aside/quashing the impugned order.

 

PRAYER:

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. Admit the petition;
2. Quash/set aside the impugned order dated [Date];
3. Pass such further or other orders as deemed fit.

 

Petitioner

Through Counsel

[Signature]

 

Verification:

Verified at [City] on this [Date] that the contents of the petition are true to the best of my knowledge.

 

Petitioner

Important Case Laws:

K.K. Verma v. Union of India (AIR 1955 SC 549)

Held: Revision jurisdiction is discretionary and not a matter of right.

Raghunath Rai Bareja v. Union of India (AIR 1972 SC 931)

Held: Revision can be used only to correct jurisdictional errors, not to re-examine facts.

Key Points to Remember:

• Revision is an extraordinary remedy.
• No evidence is led at the revisional stage; the court looks at legality.
• Delay in filing revision petitions can lead to dismissal unless explained.
• It is not a substitute for appeal.

Conclusion:

The Memorandum of Revision is essential to correct jurisdictional and procedural errors that cause miscarriage of justice but is not a substitute for appeal. It acts as judicial supervision ensuring subordinate courts act within their jurisdiction and according to law.

 

PETITION UNDER ARTICLES 226 AND 32 OF THE CONSTITUTION OF INDIA

Introduction:

Petitions under Articles 226 and 32 of the Indian Constitution are powerful legal remedies for the enforcement of fundamental rights and protection against unlawful actions by the State or authorities.

• Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
• Article 32 provides the Supreme Court the authority to issue writs for enforcement of fundamental rights.

Article 226: Power of High Courts

• High Courts can issue writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• Can be issued not only for fundamental rights violations but also for any other legal right.
• High Court’s jurisdiction is wider compared to Supreme Court’s Article 32.

Article 32: Right to Constitutional Remedy

• The Supreme Court can issue writs only for enforcement of fundamental rights.
• Described as the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.
• Remedy is direct, speedy, and effective against illegal acts violating fundamental rights.

Types of Writs:

Writ	Meaning	Purpose
Habeas Corpus	“You may have the body”	To release a person illegally detained
Mandamus	“We command”	To command a public authority to perform duty
Prohibition	To prohibit lower courts from acting beyond jurisdiction	Prevents jurisdictional overreach
Certiorari	To certify and quash lower court/tribunal orders	To quash unlawful or erroneous orders
Quo Warranto	“By what authority?”	To challenge illegal occupation of a public office

Format of Writ Petition:

 

IN THE HIGH COURT OF [STATE]

 

Writ Petition (Civil) No. ___ of 20__

 

Petitioner:

[Name, Address]

 

Versus

 

Respondent:

[Name, Designation, Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is a citizen of India and a victim of violation of fundamental rights guaranteed under Article __ of the Constitution of India.
2. That the petitioner’s right to [mention right] has been infringed by the actions of the respondent.
3. That the petitioner has no other alternative remedy.
4. That the petitioner prays that this Hon’ble Court may be pleased to issue appropriate writ(s) in the nature of [mention writ] against the respondent.

 

PRAYER:

 

In the circumstances, it is prayed that this Hon’ble Court may be pleased to:

 

1. Issue a writ of [Habeas Corpus/Mandamus/Certiorari/Prohibition/Quo Warranto] directing the respondent to [state relief sought];
2. Pass any other order as this Court may deem fit.

 

Petitioner

Through Counsel

[Signature]

 

Verification:

Verified at [City] on this [Date] that the facts stated herein are true to my knowledge.

 

Petitioner

Important Case Laws:

Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225

Held the basic structure doctrine, fundamental rights are part of the Constitution’s core.

Maneka Gandhi v. Union of India (1978) 1 SCC 248

Expanded the interpretation of Article 21 (Right to Life and Personal Liberty).

Hussainara Khatoon v. State of Bihar (1979) 3 SCC 774

Emphasized speedy trial and personal liberty, a landmark in writ jurisprudence.

Key Points:

• Writ petitions are extraordinary remedies.
• Delay can be condoned if sufficient cause is shown.
• The court can issue interim orders to protect rights pending final decision.
• High Courts can refuse writ if alternative remedy is available and effective.

Conclusion:

Petitions under Articles 226 and 32 safeguard constitutional rights and ensure accountability of State authorities. Mastery over writ drafting and understanding their strategic use is crucial for effective legal practice and protection of justice.

 

CRIMINAL COMPLAINTS

 

Definition:

A Criminal Complaint is a formal legal document presented by a complainant (victim or informant) to the Magistrate alleging the commission of a cognizable or non-cognizable offence, seeking initiation of criminal proceedings.

Legal Framework:

• Section 2(d), CrPC, 1973 – Defines complaint.
• Section 200, CrPC – Presentation of complaint before Magistrate.
• Section 190, CrPC – Cognizance of offences based on complaint.
• Sections 154, 156, CrPC – Related to FIR and police investigation following complaint.

Who Can File a Criminal Complaint?

• Any person aggrieved by a criminal offence.
• Legal representatives or recognized organizations.
• The complaint can be oral or written; however, written complaints are preferred for proper record.

Essential Components of a Criminal Complaint:

1. Title and Heading: Name of the court and parties.
2. Name of the complainant and accused: Complete identification.
3. Facts of the case: Date, time, place, and circumstances of offence.
4. Nature of offence: Specific sections of IPC or other laws.
5. Prayer: For registration of FIR and issuance of process against accused.
6. Verification: Declaration of truthfulness.

Procedure After Filing Complaint:

• Magistrate examines the complaint.
• May order police investigation (Section 156 CrPC) or direct inquiry.
• If sufficient grounds found, issues summons or warrant.
• If no ground, complaint may be dismissed (Section 203 CrPC).

Format of Criminal Complaint:

IN THE COURT OF [MAGISTRATE], [PLACE]

 

Criminal Complaint No. ___ of 20__

 

Complainant:

[Name, Address]

 

Versus

 

Accused:

[Name, Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the complainant is a resident of [address].
2. That on [date], at [place], the accused committed the offence of [mention offence] punishable under Section __ of the Indian Penal Code.
3. That the accused [briefly narrate the facts of the offence].
4. That the complainant prays that the Hon’ble Court may take cognizance of the offence and issue summons/warrant against the accused.

 

PRAYER:

It is, therefore, prayed that this Hon’ble Court may be pleased to take cognizance of the offence and pass such orders as deemed fit.

 

Complainant

Through Counsel

[Signature]

 

Verification:

Verified at [Place] on this [Date] that the contents of this complaint are true and correct to the best of my knowledge.

 

Complainant

Important Case Law:

State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335

Laid down guidelines for quashing criminal proceedings including complaints.

Lalita Kumari v. Govt. of UP (2014) 2 SCC 1

FIR is mandatory on receipt of information disclosing cognizable offence.

Key Points:

• Complaint should be clear and specific about offence.
• False complaints may attract penalties.
• Complainant can withdraw complaint before trial but with court permission.
• Complaints initiate criminal proceedings but police investigation is separate.

Conclusion:

The criminal complaint is the first step in criminal justice delivery, empowering citizens to invoke the legal process against offences. Drafting a clear, concise, and legally sound complaint is essential to ensure effective judicial scrutiny.

 

CRIMINAL MISCELLANEOUS PETITION

Definition:

A Criminal Miscellaneous Petition (CMP) is an application filed in the Sessions Court or High Court for seeking relief in criminal cases other than regular appeals or revisions. It is a broad category covering various procedural requests such as bail, extension of time, withdrawal of prosecution, and other interlocutory matters.

Legal Framework:

• Criminal Procedure Code (CrPC), 1973 – Various sections depending on relief sought.
• Section 439 CrPC – Bail applications.
• Section 482 CrPC – Power of High Court to quash proceedings.
• Relevant High Court and Sessions Court Rules.

Types of Criminal Miscellaneous Petitions:

• Bail applications.
• Anticipatory bail applications.
• Petition for discharge or quashing of FIR.
• Petition for extension of time.
• Petition for withdrawal of complaint or prosecution.
• Petition for restoration of criminal case.
• Application for exemption from personal appearance.

Who Can File a CMP?

• Accused person or their advocate.
• Complainant or victim, in certain cases.
• Sometimes, the prosecution or government.

Essential Components of CMP:

1. Heading: Name of court and parties.
2. Title: Mention “Criminal Miscellaneous Petition No. ___ of 20__”.
3. Parties: Petitioner and respondent.
4. Facts: Brief statement of case and reason for petition.
5. Grounds: Reasons supporting the prayer.
6. Prayer: Specific relief sought.
7. Verification and signature.

Format of Criminal Miscellaneous Petition:

IN THE COURT OF SESSION JUDGE, [CITY]

 

Criminal Miscellaneous Petition No. ___ of 20__

 

Petitioner:

[Name, Address]

 

Versus

 

Respondent:

[Name, Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is [state status, e.g., accused/respondent] in Case No. ___.
2. That the petitioner prays for [state relief, e.g., bail/discharge/quashing].
3. That the grounds for this petition are as follows:
4. [Ground 1]
5. [Ground 2]
6. That no other remedy is available to the petitioner.

 

PRAYER:

In view of the above, it is prayed that this Hon’ble Court may be pleased to grant the relief sought.

 

Petitioner

Through Counsel

[Signature]

 

Verification:

Verified at [City] on this [Date] that the contents are true to the best of my knowledge.

 

Petitioner

 

Important Case Laws:

State of Rajasthan v. Balchand (AIR 1977 SC 2447)

Discussed the principles governing quashing of FIR in criminal cases.

Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

Held that FIR should not be quashed merely on the basis of accusations without proper inquiry.

Key Points:

• CMP is a flexible procedural remedy.
• Courts use discretion based on facts and law.
• CMP is important for timely relief in ongoing criminal proceedings.
• Drafting must clearly state grounds and legal basis.

Conclusion:

Criminal Miscellaneous Petitions form an integral part of criminal litigation, enabling parties to seek interim and ancillary reliefs. Proper drafting and clarity of grounds are vital for success.

 

BAIL APPLICATION

 

Definition:

A Bail Application is a formal request submitted to the court by an accused person or their advocate seeking temporary release from custody, usually on certain conditions, pending trial or investigation.

Legal Framework:

• Sections 436 to 450, CrPC, 1973 – Provisions related to bail and bond.
• Section 439, CrPC – Special powers of High Court and Sessions Court to grant bail.
• Supreme Court and High Court judgments providing guidelines.

Types of Bail:

Type	Meaning
Regular Bail	Bail granted after arrest and filing of chargesheet.
Anticipatory Bail	Bail sought before arrest, to prevent detention.
Interim Bail	Temporary bail granted for a limited period.

When Can Bail be Granted?

• When accused is not likely to flee or tamper with evidence.
• When accused is innocent until proven guilty.
• For non-serious offences or where punishment is less severe.
• Based on factors like health, age, and likelihood of trial delay.

Who Can File Bail Application?

• Accused person or their legal representative.
• Sometimes third parties can apply on behalf of accused with authorization.

Essential Contents of Bail Application:

1. Title and Court Name
2. Details of Accused and Case
3. Facts and Circumstances
4. Grounds for Bail (No flight risk, no likelihood of evidence tampering, etc.)
5. Prayer requesting bail on certain conditions
6. Verification and signature

Format of Bail Application:

 

IN THE COURT OF [MAGISTRATE/SESSIONS/ HIGH COURT]

 

Bail Application No. ___ of 20__

 

Applicant:

[Name, Address]

 

Versus

 

State/Respondent:

[Name, Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the applicant is the accused in Case No. ___ registered at [Police Station].
2. That the applicant was arrested on [date] and is currently in custody.
3. That the offence alleged is punishable under Section __ of the IPC.
4. That the applicant is innocent and has no intention to abscond or tamper with evidence.
5. That the applicant prays for bail on the following grounds:
6. [Ground 1]
7. [Ground 2]
8. That the applicant undertakes to cooperate with the investigation/trial.

 

PRAYER:

It is, therefore, prayed that this Hon’ble Court may be pleased to grant bail to the applicant on such terms and conditions as deemed fit.

 

Applicant

Through Counsel

[Signature]

 

Verification:

Verified at [City] on this [Date] that the contents are true to my knowledge.

 

Applicant

 

Important Case Laws:

Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

Set guidelines on anticipatory bail, emphasizing discretionary power.

State of Rajasthan v. Balchand (1977) AIR SC 2447

Discussed conditions for bail and importance of not arbitrary denial.

Sanjay Chandra v. CBI (2012) 1 SCC 40

Outlined factors for bail in economic offences.

Key Points:

• Bail is a right, but not absolute; subject to court’s discretion.
• Courts weigh nature of offence, evidence, and risk factors.
• Bail may be conditional (e.g., surrendering passport, regular court attendance).
• Delay in filing bail application can affect relief.

Conclusion:

Bail applications safeguard the liberty of the accused while balancing societal interests in justice. Effective drafting must clearly state facts and legal grounds, ensuring the court appreciates the merits for grant of bail.

 

MEMORANDUM OF APPEAL AND REVISION IN CRIMINAL CASES

Definition:

• Memorandum of Appeal (Criminal) is a formal written statement submitted by the appellant (aggrieved party) to a higher court challenging an order, judgment, or sentence passed by a lower criminal court.
• Memorandum of Revision (Criminal) is a written application filed in a higher court seeking revision of an order or proceedings of a lower criminal court, usually based on jurisdictional errors or procedural irregularities.

Legal Framework:

• Section 374 to 389 of the Criminal Procedure Code (CrPC), 1973 – Provisions relating to appeals in criminal cases.
• Section 397 to 401, CrPC – Provisions relating to revision.
• Appeals and revisions lie in Sessions Courts, High Courts, and the Supreme Court depending on the nature of the case and order.

Memorandum of Appeal:

• When filed?
  After a judgment, sentence, or order by a lower criminal court which the appellant is aggrieved with.
• Purpose:
  To have the appellate court review and overturn or modify the lower court’s decision.
• Who can file?
  The convicted accused, complainant, or any person aggrieved by the order.
• Content:
  Grounds of appeal, facts of the case, legal arguments, and the relief sought.

Format of Criminal Memorandum of Appeal:

 

IN THE COURT OF [SESSIONS COURT/HIGH COURT]

 

Criminal Appeal No. ___ of 20__

 

Appellant:

[Name & Address]

 

Versus

 

Respondent:

[Name & Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the appellant is aggrieved by the judgment/order dated [Date] passed by [Court Name] in Case No. ___.
2. That the said judgment/order is erroneous and liable to be set aside on the following grounds:
3. [Ground 1]
4. [Ground 2]
5. That the appellant prays that the judgment/order be quashed and set aside.

 

PRAYER:

It is, therefore, prayed that this Hon’ble Court may be pleased to allow the appeal, set aside the impugned order/judgment, and pass such other orders as deemed fit.

 

Appellant

Through Counsel

[Signature]

 

Verification:

Verified at [City] on [Date] that the facts are true to the best of my knowledge.

 

Appellant

Memorandum of Revision (Criminal):

• When filed?
  Against interlocutory orders or final orders where no appeal lies, or for correction of jurisdictional or procedural errors.
• Purpose:
  To seek correction of illegality or gross miscarriage of justice.

Format of Criminal Memorandum of Revision:

 

IN THE COURT OF [HIGH COURT/SESSIONS COURT]

 

Criminal Revision Petition No. ___ of 20__

 

Petitioner:

[Name & Address]

 

Versus

 

Respondent:

[Name & Address]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is aggrieved by the order dated [Date] passed by the learned [Court Name] in Case No. ___.
2. That the impugned order is illegal and beyond jurisdiction.
3. That the petitioner has no other remedy by appeal.
4. That the petitioner prays that the order be quashed/set aside.

 

PRAYER:

It is prayed that this Hon’ble Court may be pleased to admit the petition, quash the impugned order, and pass such further order as deemed fit.

 

Petitioner

Through Counsel

[Signature]

 

Verification:

Verified at [City] on [Date] that the contents are true.

 

Petitioner

 

Important Case Laws:

State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335

Outlined the scope for quashing criminal proceedings through revision petitions.

K.K. Verma v. Union of India AIR 1955 SC 549

Held that revision is discretionary and cannot be claimed as a matter of right.

Raghunath Rai Bareja v. Union of India AIR 1972 SC 931

Held revision is only to correct jurisdictional errors and not to reappraise facts.

Key Points:

• Appeal is the primary remedy for challenging judgments; revision is extraordinary.
• Revision does not normally allow re-examination of facts.
• Timely filing and clear grounds are essential.
• Revision can be filed when appeal is barred or impractical.
• Drafting should clearly state illegality or jurisdictional errors.

Conclusion:

Both Memorandum of Appeal and Revision serve as important procedural tools in criminal law to ensure justice and correction of judicial errors. Proper drafting and understanding of when and how to file are crucial for effective litigation.

 

I. DRAFTING & PLEADINGS – CIVIL

1. Plaint (Civil Pleading)

Definition:
A Plaint is the initial written complaint filed by a plaintiff in a civil court stating facts, cause of action, and relief sought.

Legal Framework:

• Order 7, Rule 1 to 8 of the Code of Civil Procedure (CPC), 1908
• Section 26 and 29 of the CPC (Powers of Courts to reject plaint)

Essential Contents of a Plaint:

• Jurisdiction of the court
• Parties to the suit
• Facts constituting cause of action
• Relief claimed
• Verification

Format of Plaint:

 

IN THE COURT OF [COURT NAME]

 

Plaint No. ___ of 20__

 

Plaintiff:

[Name & Address]

 

Versus

 

Defendant:

[Name & Address]

 

The plaintiff most respectfully submits:

 

1. That the plaintiff is a resident of [address] and the defendant resides at [address].
2. That on [date], the defendant [facts constituting cause of action].
3. That due to the defendant’s acts, the plaintiff has suffered loss.
4. The plaintiff claims relief as follows:
5. [Specific relief sought]
6. Costs of the suit.

 

Verification:

Verified that the contents of the plaint are true to my knowledge.

 

Plaintiff

Through Counsel

 

Example:
In a suit for recovery of money lent, the plaint would state facts of loan, amount, date, demand, and default.

Important Case Law:

• State of U.P. v. Rajesh Gupta (1995) 5 SCC 151 — On the importance of cause of action being clearly stated.

2. Written Statement (Civil Pleading)

Definition:
The written statement is the defendant’s written reply to the plaint, denying or admitting the claims.

Legal Framework:

• Order 8 of CPC
• Section 8, CPC – On set-off and counterclaim

Essential Contents:

• Admission or denial of plaint facts
• Affirmative defenses
• Counterclaim (if any)

Format of Written Statement:

 

IN THE COURT OF [COURT NAME]

 

Written Statement filed by Defendant in Suit No. ___ of 20__

 

Defendant:

[Name & Address]

 

Versus

 

Plaintiff:

[Name & Address]

 

Most Respectfully Showeth:

 

1. That the defendant denies the allegations contained in paragraph ___ of the plaint.
2. That the defendant admits [facts admitted].
3. That the defendant pleads that [defense and facts].
4. That the defendant claims set-off/counterclaim as detailed below:
5. [Details of counterclaim]

 

Place:

Date:

 

Defendant

Through Counsel

 

3. Interlocutory Application

Definition:
An interlocutory application is a temporary or interim application made during the pendency of a suit for urgent relief or procedural orders.

Examples:

• Application for injunction (temporary restraint)
• Application for appointment of a receiver
• Application for discovery or inspection

Legal Framework:

• Order 39 of CPC (Temporary Injunctions)
• Order 16, Rule 1-2 (Discovery)

Essential Contents:

• Facts necessitating interim relief
• Grounds for grant of relief
• Nature of interim relief sought

4. Original Petition

Definition:
Original Petition is filed before courts under specific statutes or constitutional provisions seeking original jurisdiction relief (e.g., writ petitions).

Example:
Writ Petition under Article 226 of the Constitution for enforcement of fundamental rights.

5. Affidavit

Definition:
An affidavit is a written statement of facts sworn before a competent authority.

Legal Framework:

• Section 3 of the Indian Evidence Act, 1872
• Order 6, Rule 15, CPC

6. Execution Petition

Definition:
Filed to enforce the decree or order passed by the court.

Legal Framework:

• Order 21 CPC

7. Memorandum of Appeal (Civil)

Similar to criminal appeal but under civil procedure:

• Section 96 CPC

8. Memorandum of Revision (Civil)

• Generally filed in High Courts against orders of subordinate courts under their revisional jurisdiction.
• Sections 115 and 151 CPC.

II. DRAFTING & PLEADINGS – CRIMINAL

1. Complaints

Explained previously.

2. Criminal Miscellaneous Petition

Explained previously.

3. Bail Application

Explained previously.

4. Memorandum of Appeal and Revision in Criminal Cases

Explained previously.

III. CONVEYANCING

1. Essentials of a Deed:

• Parties competent to contract (18+ years, sound mind)
• Free consent
• Lawful consideration and object
• Proper description of the property
• Signed by parties
• Registered (if applicable)

2. Sale Deed

Definition:
A Sale Deed is a legal document transferring ownership of immovable property from seller to buyer.

Legal Framework:

• Transfer of Property Act, 1882 (Section 54)
• Registration Act, 1908

Contents:

• Description of parties and property
• Sale consideration and mode of payment
• Transfer clause
• Encumbrances (if any)
• Signatures and witnesses

3. Mortgage Deed

Definition:
A document by which a debtor creates a charge on his property as security for loan.

Types:

• Simple mortgage
• Mortgage by conditional sale
• Usufructuary mortgage, etc.

Legal Framework:

• Transfer of Property Act, 1882 (Sections 58-104)

4. Lease Deed

Definition:
An agreement where the owner (lessor) gives possession of property to lessee for a certain period in exchange for rent.

5. Gift Deed

Definition:
A voluntary transfer of property without consideration.

Legal Framework:

• Transfer of Property Act, 1882 (Section 122)

6. Promissory Note

Definition:
A written promise to pay a sum of money to another.

Legal Framework:

• Negotiable Instruments Act, 1881

7. Power of Attorney

Definition:
Authorization to act on behalf of another.

8. Will

Definition:
A written declaration of testamentary intent.

9. Agreements

General contracts for various purposes.

 

 

📘 1. PLAINT (CIVIL PLEADING)

🔹 Definition:

A plaint is the written complaint or allegation made by the plaintiff in a civil court outlining their claim against the defendant. It initiates a civil suit.

🔹 Relevant Legal Provisions:

• Section 26, Civil Procedure Code (CPC), 1908: All civil proceedings are instituted by filing a plaint.
• Order 7, Rules 1–11, CPC: Prescribes the particulars and form of a plaint.
• Order 6, CPC: Deals with pleadings in general (facts vs. evidence).

🔹 Essential Contents of a Plaint (Order 7 Rule 1 CPC):

1. Name of the Court
2. Name, description, and address of the plaintiff
3. Name, description, and address of the defendant
4. Facts constituting the cause of action
5. Facts showing that the court has jurisdiction
6. Relief claimed by the plaintiff
7. Valuation for the purpose of court fees and jurisdiction
8. Verification by the plaintiff

🔹 Format of a Civil Plaint:

IN THE COURT OF THE CIVIL JUDGE, [PLACE]

 

Civil Suit No. ____ of 20___

 

IN THE MATTER OF:

[Your Name],

S/o or D/o [Father’s/Mother’s Name],

R/o [Full Address] ……………………………………..Plaintiff

 

VERSUS

 

[Defendant’s Name],

S/o or D/o [Father’s/Mother’s Name],

R/o [Full Address] ……………………………………..Defendant

 

SUIT FOR [Nature of Suit: e.g., Recovery of Money, Possession, Injunction]

 

MOST RESPECTFULLY SHOWETH:

 

1. That the plaintiff is a resident of the above-mentioned address and is engaged in the business of [Nature of Business].
2. That the defendant is known to the plaintiff and resides at the above address.
3. That on [Date], the defendant borrowed a sum of Rs. ________ from the plaintiff and promised to return the same within [time period] with interest @ __% per annum.
4. That despite repeated demands and notices dated [dates], the defendant failed to repay the loan.
5. That the cause of action arose on [date] when the defendant defaulted in payment.
6. That this Hon’ble Court has jurisdiction to entertain and try this suit as the transaction took place within its jurisdiction and the defendant resides here.
7. That the suit is properly valued for the purpose of court fee and jurisdiction at Rs. ______ and appropriate court fee is affixed.
8. That the plaintiff has no other alternative remedy than to approach this Hon’ble Court.

 

**PRAYER**

 

In view of the above, the plaintiff prays that this Hon’ble Court may kindly be pleased to:

 

1. a) Pass a decree for Rs. ________ against the defendant with interest @ __% per annum from [Date].
2. b) Award the cost of this suit.
3. c) Pass any other order(s) in the interest of justice.

 

[Place]

[Date]

 

[Plaintiff’s Signature]

Through Counsel

[Advocate’s Name & Signature]

 

**VERIFICATION**

 

I, [Plaintiff’s Name], do hereby verify that the contents of paragraphs 1 to 8 of the above plaint are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Plaintiff’s Signature]

 

🔹 Example:

Suit for Recovery of Money
A person lends Rs. 1,00,000 to a friend. The friend fails to repay despite several reminders. The lender files a plaint in a civil court for recovery of the loan with interest.

🔹 Case Laws:

1. Madan Mohan v. Krishan Kumar (AIR 1996 SC 2631)

Held: Plaint must disclose a complete cause of action; failing which, it is liable to be rejected under Order 7 Rule 11.

2. T. Arivandandam v. T.V. Satyapal (AIR 1977 SC 2421)

Held: Frivolous or vexatious plaints that do not disclose cause of action should be struck off at the threshold.

3. Bachhaj Nahar v. Nilima Mandal (2008) 17 SCC 491

Held: Relief not claimed in the plaint cannot be granted by the court.

🔹 Rejection of Plaint:

Order 7 Rule 11, CPC provides grounds for rejection:

• No cause of action
• Relief claimed is undervalued
• Suit is barred by law
• Insufficient court fee

🔹 Key Tips for Drafting a Plaint:

• Use clear and concise language.
• Only facts, not law or evidence.
• Structure the cause of action clearly and logically.
• Ensure proper jurisdiction and valuation.

 

📘 2. WRITTEN STATEMENT (DEFENDANT’S REPLY)

🔹 Definition:

A Written Statement is the formal reply submitted by the defendant in response to the plaint. It contains admissions, denials, and defenses against the claims made by the plaintiff.

🔹 Relevant Legal Provisions:

• Order 8, CPC, 1908 – Governs the form and contents of the written statement.
• Section 8, CPC – Allows for set-off and counterclaims.
• Order 6 Rule 17 CPC – Amendment of pleadings (also applies to WS).
• Order 8 Rule 1 CPC – Written statement should be filed within 30 days, extendable to 90 days.

🔹 Key Elements of a Written Statement (Order 8 Rules 2 to 5):

1. Specific Denial: Each allegation in the plaint must be specifically admitted or denied.
2. New Facts: Any new facts like estoppel, res judicata, limitation must be specifically pleaded.
3. Set-Off: A claim by the defendant against the plaintiff in the same suit.
4. Counterclaim: A cross-suit brought by the defendant against the plaintiff.

🔹 Format of Written Statement:

 

IN THE COURT OF THE CIVIL JUDGE, [PLACE]

 

Suit No. ___ of 20__

 

IN THE MATTER OF:

[Plaintiff’s Name] ……………………………………..Plaintiff

 

VERSUS

 

[Defendant’s Name] ……………………………………Defendant

 

WRITTEN STATEMENT FILED BY DEFENDANT

 

MOST RESPECTFULLY SHOWETH:

 

PRELIMINARY OBJECTIONS:

1. That the suit is not maintainable either in law or on facts.
2. That the suit is barred by the law of limitation.
3. That the plaintiff has not approached this Hon’ble Court with clean hands and has suppressed material facts.

 

PARA-WISE REPLY TO THE PLAINT:

1. That para 1 of the plaint is correct to the extent that the plaintiff and defendant reside at the mentioned addresses.
2. That para 2 of the plaint is denied. The defendant never borrowed any amount as alleged.
3. That para 3 is wrong and hence denied. No agreement was executed between the parties.
4. That para 4 is denied for want of knowledge.
5. That para 5 is incorrect. No notice was ever received by the defendant.
6. That para 6 is denied as the Hon’ble Court has no jurisdiction since the alleged transaction took place in [different location].
7. That para 7 is denied for want of knowledge.
8. That para 8 is denied. The plaintiff is not entitled to any relief.

 

**SET-OFF/COUNTERCLAIM (if applicable):**

The defendant states that the plaintiff owes him Rs. ________ for services rendered on [date], which is still unpaid. Hence, the defendant sets off the said amount under Section 8 CPC.

 

PRAYER

 

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

1. a) Dismiss the suit with costs.
2. b) Pass any other order(s) in the interest of justice.

 

Place: __________

Date: __________

 

[Defendant’s Signature]

Through Counsel

[Advocate’s Name]

 

**VERIFICATION**

 

I, [Defendant’s Name], the defendant above named, do hereby verify that the contents of this written statement are true and correct to my knowledge.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Defendant’s Signature]

 

🔹 Example Scenario:

In a suit for recovery of Rs. 1,00,000 based on a loan, the defendant may deny ever receiving the loan and claim the alleged transaction was a gift or not documented, hence not enforceable.

🔹 Important Case Laws:

1. Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004) 3 SCC 137

Held: Defendants must specifically deny the allegations; a general denial is insufficient.

2. Lohia Properties v. Atmaram Kumar (AIR 1999 SC 246)

Held: Delay in filing written statement beyond 90 days cannot be condoned under CPC unless justified by extraordinary circumstances.

3. Ramesh Chand Ardawatiya v. Anil Panjwani (AIR 2003 SC 2508)

Held: If the defendant fails to file a written statement, the court may proceed ex parte.

🔹 Key Points to Remember While Drafting:

• Deny or admit each para of the plaint clearly.
• Mention any legal defenses – estoppel, limitation, res judicata, no cause of action.
• If you raise set-off/counterclaim, support it with brief facts and legal grounds.
• Maintain proper sequence and numbering of paragraphs.

 

 

📘 3. INTERLOCUTORY APPLICATION (I.A.)

🔹 Definition:

An Interlocutory Application is a petition filed during the pendency of a suit to seek temporary or interim relief from the court. These applications help regulate the proceedings until the final judgment.

🔹 Relevant Legal Provisions:

• Order 39 Rules 1 & 2 CPC – Temporary Injunctions
• Order 38 Rules 5–13 CPC – Arrest before judgment and attachment before judgment
• Order 40 Rule 1 CPC – Appointment of Receiver
• Order 6 Rule 17 CPC – Amendment of pleadings
• Section 151 CPC – Inherent powers of the Court

🔹 Common Types of Interlocutory Applications:

1. Application for Temporary Injunction
2. Application for Appointment of Commissioner
3. Application for Interim Maintenance
4. Application for Stay of Proceedings
5. Application for Amendment of Pleadings
6. Application for Condonation of Delay
7. Application for Attachment Before Judgment

🔹 Purpose of Interlocutory Applications:

• To protect the interests of parties during litigation
• To preserve the subject matter of the suit
• To avoid multiplicity of proceedings
• To maintain status quo

🔹 Format of Interlocutory Application:

 

IN THE COURT OF THE CIVIL JUDGE, [PLACE]

 

Civil Suit No. ____ of 20__

 

IN THE MATTER OF:

[Plaintiff’s Name] …………………………….. Applicant/Petitioner

 

VERSUS

 

[Defendant’s Name] …………………………….. Respondent

 

INTERLOCUTORY APPLICATION UNDER ORDER ____ RULE ____ READ WITH SECTION 151 OF CPC

 

MOST RESPECTFULLY SHOWETH:

 

1. That the applicant has filed the above suit for [mention purpose, e.g., recovery of money/permanent injunction], which is pending before this Hon’ble Court.
2. That the facts and circumstances leading to this application are as follows:

[Mention facts briefly that necessitate this I.A.]

3. That the applicant submits that unless [interim relief sought] is granted, irreparable loss will be caused to him, and the suit would become infructuous.
4. That the balance of convenience lies in favour of the applicant.
5. That the application is made bona fide and in the interest of justice.

 

**PRAYER**

 

The applicant therefore prays that this Hon’ble Court may be pleased to:

 

1. a) Pass an interim order for [mention relief sought, e.g., temporary injunction, stay, etc.].
2. b) Pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances.

 

Place: ___________

Date: ___________

 

[Signature of Applicant/Advocate]

[Name of Advocate]

 

**AFFIDAVIT**

 

I, [Applicant’s Name], do hereby solemnly affirm and declare that the contents of paragraphs 1 to 5 of the accompanying application are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Applicant’s Signature]

 

🔹 Example Case:

Example: In a property dispute, if the plaintiff fears the defendant may sell or damage the property during trial, they may file an Interlocutory Application under Order 39 Rule 1 CPC for temporary injunction to restrain the defendant from dealing with the property.

🔹 Important Case Laws:

1. Dalpat Kumar v. Prahlad Singh (1992 AIR 1109, SC)

Held: For granting interim injunction, the court must be satisfied about prima facie case, balance of convenience, and irreparable injury.

2. M. Gurudas v. Rasaranjan (AIR 2006 SC 3275)

Held: Grant of interim relief is discretionary and must be based on sound judicial principles.

3. Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 479

Held: Section 151 CPC can be invoked when there is no specific provision but equity demands relief.

🔹 Drafting Tips:

• Always cite the correct legal provision (Order and Rule).
• Support your prayer with clear facts showing urgency and necessity.
• Attach a separate affidavit affirming the application.
• Avoid vague language – be precise about what you are asking the court to do temporarily.

 

📘 4. ORIGINAL PETITION

🔹 Definition:

An Original Petition (O.P.) is a formal written request filed directly before a competent court for relief where no suit is required or where summary proceedings are applicable under specific laws. It is generally used in non-contentious or special proceedings.

🔹 Examples of Use:

• Matrimonial matters (divorce, restitution of conjugal rights – under Hindu Marriage Act)
• Probate or succession proceedings
• Guardianship petitions
• Winding up of companies
• Maintenance petitions
• Special Acts like the Companies Act, Hindu Marriage Act, Special Marriage Act, etc.

🔹 Relevant Legal Provisions:

• Section 19, Hindu Marriage Act, 1955 – Jurisdiction of matrimonial petitions
• Order XXIII CPC – Withdrawal or abandonment of original proceedings
• Order XLIX CPC – High Courts may make rules for proceedings in O.P. (especially in chartered High Courts)

🔹 Structure of an Original Petition:

 

IN THE FAMILY COURT / DISTRICT COURT AT [PLACE]

 

Original Petition No. ___ of 20___

 

IN THE MATTER OF:

[Petitioner’s Name],

S/o / D/o [Father’s/Mother’s Name],

R/o [Address] ………………………………………Petitioner

 

VERSUS

 

[Respondent’s Name],

S/o / D/o [Father’s/Mother’s Name],

R/o [Address] ………………………………………Respondent

 

PETITION UNDER SECTION [e.g., Section 13(1)(ia)] OF THE HINDU MARRIAGE ACT, 1955

 

MOST RESPECTFULLY SHOWETH:

 

1. That the marriage between the petitioner and the respondent was solemnized on [Date] at [Place] as per Hindu rites and customs. The parties cohabited as husband and wife at [Location].
2. That after marriage, the parties lived together until [Date] at [Place].
3. That the respondent has treated the petitioner with cruelty in the following manner:

(a) [State facts clearly]

(b) [Incidents with date and description]

4. That due to such behavior, it has become impossible for the petitioner to live with the respondent.
5. That there is no collusion between the petitioner and the respondent.
6. That the court has jurisdiction to entertain this petition as the parties last resided together within the court’s territorial jurisdiction.

 

**PRAYER**

 

The petitioner, therefore, prays that this Hon’ble Court may be pleased to:

 

1. a) Grant a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955;
2. b) Grant any other relief deemed just and proper in the circumstances of the case.

 

Place: ___________

Date: ___________

 

[Petitioner’s Signature]

Through Counsel

[Advocate’s Name]

 

**VERIFICATION**

 

I, [Petitioner’s Name], do hereby declare that the contents of paragraphs 1 to 6 are true and correct to my knowledge.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Petitioner’s Signature]

 

🔹 Example Case:

A wife who is repeatedly subjected to domestic abuse files an Original Petition under Section 13(1)(ia) of the Hindu Marriage Act seeking a decree of divorce on grounds of cruelty.

🔹 Important Case Laws:

1. Naveen Kohli v. Neelu Kohli (AIR 2006 SC 1675)

Held: Marriage with irretrievable breakdown and cruelty is a valid ground for divorce under Section 13(1)(ia) of HMA.

2. Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511

Held: Mental cruelty can be proved through consistent behavior that torments or humiliates the spouse.

3. Smt. Mayadevi v. Jagdish Prasad (AIR 2007 SC 1426)

Held: Even minor incidents can collectively amount to cruelty depending on the facts.

🔹 When to Use an Original Petition Instead of a Plaint:

Plaint	Original Petition
Used in contentious civil suits	Used in non-contentious or special relief proceedings
Governed by CPC	Often under special statutes (e.g., HMA, Succession Act)
Involves framing of issues and trial	May involve summary hearings or evidence affidavits

🔹 Key Drafting Tips:

• Refer the correct statutory section (e.g., Section 13 for divorce, Section 10 for judicial separation).
• Clearly mention marriage details, facts of cruelty/desertion, etc.
• Affirm non-collusion and jurisdiction grounds.

 

📘 5. AFFIDAVIT

🔹 Definition:

An Affidavit is a written statement or declaration of facts, sworn to be true by the deponent (person making the affidavit), signed in the presence of an officer authorized to administer oaths (such as a notary or magistrate).

It serves as evidence in legal proceedings and is commonly used to support petitions, applications, or responses.

🔹 Relevant Legal Provisions:

• Order 19, Rules 1 to 3 of the CPC, 1908 – Governs affidavits in civil proceedings.
• Section 139, Code of Civil Procedure – Who may administer oaths.
• Section 3, General Clauses Act, 1897 – Defines affidavit.
• Indian Oaths Act, 1969 – Governs administration of oaths and affirmations.

🔹 Purpose of an Affidavit:

• To support or oppose an interlocutory application or petition.
• To place facts on record without oral evidence in interim proceedings.
• To verify pleadings or certify documents.
• In special types of cases (e.g., bail, maintenance, divorce, etc.)

🔹 Structure / Format of Affidavit:

 

IN THE COURT OF [NAME OF COURT]

 

AFFIDAVIT

 

I, [Name], son/daughter/wife of [Father’s/Husband’s Name], aged about ___ years, resident of [Full Address], do hereby solemnly affirm and declare as under:

 

1. That I am the [Petitioner/Defendant/Respondent] in the above-mentioned case and well acquainted with the facts of the case.
2. That the accompanying application under [mention provision] has been drafted under my instructions.
3. That the contents of paragraphs 1 to __ of the accompanying application/petition are true and correct to my personal knowledge and belief.
4. That I further state that this affidavit is sworn for the purpose of [state purpose, e.g., supporting interim application for injunction].

 

DEPONENT

(Signature)

 

VERIFICATION:

 

I, the above-named deponent, do hereby verify that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

 

Verified at [Place] on this ___ day of [Month, Year].

 

DEPONENT

(Signature)

 

In a suit for property injunction, the plaintiff files an interlocutory application under Order 39 Rule 1 CPC. To support this application, the plaintiff must submit an affidavit declaring that the defendant is likely to change the property’s status, sell or encroach upon it.

🔹 Key Features:

Element	Explanation
Deponent	The person making the affidavit
Verification	Confirms that the facts stated are true
Attestation	The affidavit must be signed before a notary/magistrate
Purpose-Specific	Must relate to the application or pleading it’s filed with

🔹 Types of Affidavits in Legal Practice:

1. Affidavit in Support of Interlocutory Application
2. Affidavit of Evidence (used in lieu of oral testimony)
3. Affidavit of Service (to prove service of notice)
4. Affidavit of Income and Assets (used in family court matters)
5. Affidavit of Identity (in civil name change/legal heirship cases)

🔹 Important Case Laws:

1. Smt. Savithramma v. Cecil Naronha (AIR 1988 SC 1987)

Held: Evidence given by affidavit is permissible in civil cases but the right to cross-examine must be preserved.

2. State of Bombay v. Purushottam Jog Naik (AIR 1952 SC 317)

Held: An affidavit not sworn properly or not verified correctly may not have evidentiary value.

3. Khandesh Spg. & Wvg. Co. v. R.G. Nandgaonwala (AIR 1959 SC 722)

Held: Affidavits must contain only facts and not opinions or conclusions of law.

🔹 Tips for Drafting a Valid Affidavit:

• Keep it fact-specific and avoid assumptions or legal arguments.
• Mention the jurisdiction and case number.
• Always include verification at the end.
• Must be notarized or sworn before a commissioner for oaths.

 

📘 6. EXECUTION PETITION

🔹 Definition:

An Execution Petition is a formal request filed by the decree-holder before the appropriate civil court to enforce a decree or order passed in their favor. It is governed by the rules in the Civil Procedure Code (CPC), 1908.

🔹 Relevant Legal Provisions:

• Section 36 to 74 of CPC – General principles of execution
• Order 21 of CPC – Detailed procedures and modes of execution
• Section 38 CPC – Execution by the court which passed the decree or transferred court
• Section 51 CPC – Modes of executing decree (e.g., arrest, attachment, sale)
• Section 39 CPC – Transfer of decree for execution

🔹 When to File an Execution Petition:

• When the judgment-debtor (JD) fails to comply with the decree voluntarily.
• Common after decrees for:
  • Money recovery
  • Possession of property
  • Injunctions
  • Specific performance

🔹 Structure / Format of Execution Petition:

 

IN THE COURT OF THE CIVIL JUDGE AT [PLACE]

 

Execution Petition No. ___ of 20__

 

IN THE MATTER OF:

[Name of Decree Holder]

S/o / D/o [Name],

R/o [Full Address] …………………….……..Petitioner / Decree-Holder

 

VERSUS

 

[Name of Judgment Debtor]

S/o / D/o [Name],

R/o [Full Address] …………………….……..Respondent / Judgment-Debtor

 

EXECUTION PETITION UNDER SECTION 36 AND ORDER 21 OF THE CPC, 1908

 

RESPECTFULLY SHOWETH:

 

1. That the petitioner/decree-holder obtained a decree against the respondent/judgment-debtor in Suit No. ___ of ____ dated ____ by the Hon’ble Court of ________.
2. That as per the said decree, the respondent is directed to [e.g., pay Rs. X within a certain time / deliver possession / comply with injunction].
3. That the respondent has failed to comply with the decree and is deliberately avoiding execution.
4. That the decree is within limitation and the petition is maintainable.
5. That the petitioner prays for execution of the decree by the following mode(s):

– **Attachment and sale of movable/immovable property**

– **Arrest and detention in civil prison**

– **Delivery of possession** (as applicable)

 

**PRAYER**

 

The petitioner respectfully prays that this Hon’ble Court may be pleased to:

 

1. a) Execute the decree dated [date] in Suit No. [___] by [mention mode of execution];
2. b) Issue necessary process against the judgment-debtor;
3. c) Pass such other and further orders as may be deemed just and proper.

 

Place: ___________

Date: ___________

 

[Signature of Decree Holder/Advocate]

[Name of Advocate]

 

**VERIFICATION**

 

I, [Petitioner’s Name], the petitioner herein, do hereby verify that the contents of paragraphs 1 to 5 are true and correct to my knowledge.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Signature]

 

🔹 Supporting Documents:

• Certified copy of the original decree and judgment
• Proof of non-compliance (if available)
• Affidavit (if required)

🔹 Modes of Execution under Section 51 CPC:

1. By delivery of property (movable/immovable)
2. By attachment and sale
3. By arrest and detention of the judgment-debtor
4. By appointment of a receiver
5. By other modes as prescribed

🔹 Limitation Period:

• 12 years from the date the decree becomes enforceable – Article 136, Limitation Act, 1963

🔹 Example Case:

If a court decrees that A owes Rs. 1,00,000 to B and A fails to pay despite the decree, then B may file an execution petition to recover the amount by attachment of A’s salary, bank account, or property.

🔹 Important Case Laws:

1. Mohit Bhargava v. Bharat Bhushan Bhargava (AIR 2007 SC 1712)

Held: Decree-holder has the right to choose any one of the prescribed modes of execution under Section 51 CPC.

2. Harnandrai Badridas v. Debidutt Bhagwati Prasad (AIR 1973 SC 2428)

Held: Delay in execution without sufficient cause can defeat the right to execute. Limitation is crucial.

3. Jolly George Varghese v. Bank of Cochin (AIR 1980 SC 470)

Held: No arrest and detention in execution of a money decree unless the debtor has means to pay but willfully refuses.

🔹 Drafting Tips:

• Clearly mention the decree details and relief granted.
• State how the judgment-debtor has failed to comply.
• Choose appropriate mode of execution.
• File within limitation period.

 

📘 7. MEMORANDUM OF APPEAL

🔹 Definition:

A Memorandum of Appeal is a formal legal document filed by an aggrieved party (called the appellant) in a higher court, challenging the correctness or legality of the decree or order passed by a lower court. It sets out the grounds of appeal.

🔹 Relevant Legal Provisions:

• Section 96 to 112 of CPC, 1908 – Appeals from decrees and orders
• Order XLI, Rule 1 to 33 of CPC – Procedure relating to first appeals
• Order XLIII – Appeal from orders
• Article 132–136 of the Constitution of India – Appeal to the Supreme Court

🔹 Who Can File an Appeal?

Any person:

• Aggrieved by a decree/order
• Whose legal rights are directly affected
• Within the limitation period (usually 90 days for appeals from decrees)

🔹 Structure / Format of Memorandum of Appeal:

 

IN THE COURT OF DISTRICT JUDGE / HIGH COURT / SUPREME COURT AT [PLACE]

 

Memorandum of First Appeal

Appeal No. __ of 20__

 

IN THE MATTER OF:

 

[Appellant’s Name],

S/o / D/o [Name],

R/o [Full Address] …………………….……..Appellant

 

VERSUS

 

[Respondent’s Name],

S/o / D/o [Name],

R/o [Full Address] …………………….……..Respondent

 

MEMORANDUM OF APPEAL UNDER SECTION 96 / 100 / 104 OF THE CPC, 1908

 

The appellant humbly submits as follows:

 

1. That the appellant was the [Plaintiff/Defendant] in Civil Suit No. ___/20__ decided on [Date] by [Name of Court].
2. That the learned trial court erred in [passing the decree/dismissing the suit] and the judgment is against the facts and law.
3. That the judgment/decree suffers from the following legal and factual infirmities:

 

**GROUNDS OF APPEAL:**

 

1. Because the learned trial court failed to appreciate the evidence led by the appellant.
2. Because the findings on Issue No. ___ are perverse and based on no evidence.
3. Because the court erred in applying the law laid down in [mention any cited case].
4. Because the appellant was denied an opportunity of proper hearing.
5. Because the decree is contrary to public policy/natural justice.

(Further specific legal and factual grounds as needed)

 

4. That the appeal is within the period of limitation.

 

**PRAYER:**

 

In view of the above, the appellant most respectfully prays that:

 

1. a) The judgment and decree/order dated [Date] passed in Civil Suit No. ___ by [Trial Court Name] may kindly be set aside;
2. b) The suit of the appellant may be decreed;
3. c) Any other relief deemed just and proper may also be granted.

 

Place: ___________

Date: ___________

 

[Signature of Appellant or Counsel]

[Name of Advocate]

[Enrollment No.]

 

**VERIFICATION**

 

I, [Appellant’s Name], do hereby verify that the contents of paragraphs 1 to 4 are true to my knowledge.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Signature]

 

🔹 Essential Accompaniments:

• Certified copy of the decree and judgment
• Court fee as per the State’s Court Fee Act
• Affidavit of the appellant
• Stay application (if execution of decree is sought to be stayed)

🔹 Types of Appeals:

Type	Relevant Section	Meaning
First Appeal	Section 96 CPC	Appeal from original decree (on facts + law)
Second Appeal	Section 100 CPC	Only on substantial question of law
Appeal from Order	Section 104 + Order XLIII CPC	Interim orders (e.g., injunction rejection)
Appeal to Supreme Court	Article 132–136, Constitution	From High Court decisions

🔹 Example Scenario:

If a trial court decrees a civil suit against A ordering him to vacate a property within 30 days, A may file a first appeal under Section 96 CPC in the District Court or High Court challenging the findings and praying for reversal or stay.

🔹 Important Case Laws:

1. Santosh Hazari v. Purushottam Tiwari (AIR 2001 SC 965)

Held: Second appeal can lie only when there is a substantial question of law.

2. Narayanan Rajendran v. Lekshmy Sarojini (AIR 2009 SC 1734)

Held: Appellate court has full power to re-appreciate evidence in first appeal.

3. Madhukar v. Sangram (AIR 2001 SC 2171)

Held: Findings based on no evidence are perverse and liable to be reversed in appeal.

🔹 Drafting Tips:

• Specify grounds clearly under “Grounds of Appeal”
• Attach relevant certified copies (judgment, decree, orders)
• Use concise and structured legal reasoning
• Verify limitation period before filing

 

📘 8. MEMORANDUM OF REVISION

🔹 Definition:

A Revision Petition is filed before a higher court (usually a High Court) to correct a jurisdictional error, illegality, or material irregularity committed by a lower court. It is not an appeal but a discretionary supervisory remedy.

🔹 Relevant Legal Provisions:

• Section 115 of the Civil Procedure Code, 1908 – Revisional jurisdiction of the High Court
• Article 227 of the Constitution of India – Supervisory jurisdiction of High Courts

🔹 When Can a Revision Be Filed?

• There is no right of appeal against the order.
• The lower court has exceeded its jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity.
• The order affects rights of the parties

🔹 Key Differences – Revision vs. Appeal:

Appeal	Revision
Right of party	Discretionary power of court
Lies against decree or final order	Lies against interlocutory or other orders
Re-appreciation of facts	No re-appreciation of facts
Wider scope	Limited to jurisdictional errors

🔹 Format of Memorandum of Revision:

 

IN THE HIGH COURT OF [STATE]

 

Civil Revision Petition No. ___ of 20__

 

IN THE MATTER OF:

[Petitioner’s Name],

S/o / D/o [Name],

R/o [Full Address] …………………….……..Petitioner

 

VERSUS

 

[Respondent’s Name],

S/o / D/o [Name],

R/o [Full Address] …………………….……..Respondent

 

MEMORANDUM OF CIVIL REVISION UNDER SECTION 115 OF THE CPC, 1908

 

The petitioner respectfully states as follows:

 

1. That the petitioner is aggrieved by the order dated [dd/mm/yyyy] passed by the [Name of Trial Court] in [Case Title, Case No.], whereby the learned court [state order briefly, e.g., dismissed injunction, rejected plaint, etc.].

 

2. That the said order is **illegal and perverse**, as the learned court has [state jurisdictional error – e.g., acted in excess of jurisdiction / failed to exercise jurisdiction / exercised power with material irregularity].

 

3. That no appeal lies against the said order, and hence the petitioner is invoking the revisional jurisdiction of this Hon’ble Court.

 

4. That the impugned order has caused grave miscarriage of justice and materially affected the legal rights of the petitioner.

 

5. That the present petition is within limitation and maintainable.

 

**PRAYER:**

 

In the facts and circumstances, the petitioner prays that this Hon’ble Court may graciously be pleased to:

 

1. a) Set aside the impugned order dated [date] passed by [Trial Court Name] in [Case Title/No.];
2. b) Pass such other and further orders as may be just and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Counsel]

[Advocate Name]

[Enrollment No.]

 

**VERIFICATION**

 

I, [Name], the petitioner herein, verify that the contents of the above petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Essential Accompaniments:

• Certified copy of impugned order
• Copies of relevant documents from lower court
• Affidavit of the petitioner

🔹 Example Scenario:

Suppose a trial court wrongly dismisses a temporary injunction application under Order 39 Rule 1 CPC without recording reasons, and no appeal lies from that order. The party can file a revision petition before the High Court under Section 115 CPC.

🔹 Important Case Laws:

1. Surya Dev Rai v. Ram Chander Rai (AIR 2003 SC 3044)

Held: Where no appeal lies and a court has acted without jurisdiction or with material irregularity, the High Court can interfere under Article 227 and/or Section 115 CPC.

2. Shiv Shakti Coop. Housing Society v. Swaraj Developers (AIR 2003 SC 2434)

Held: Scope of Section 115 is limited after amendment; High Court cannot interfere merely because it finds a decision incorrect.

3. Amar Nath v. State of Haryana (AIR 1977 SC 2185)

Held: Revision lies only against “interlocutory orders” that affect rights or decide the case partially.

🔹 Key Drafting Tips:

• Clearly state jurisdictional or procedural error
• Show that no appeal lies
• Highlight grave injustice or prejudice
• Attach relevant documents and orders

 

📘 9. PETITION UNDER ARTICLES 226 AND 32 OF THE CONSTITUTION OF INDIA

🔹 Overview:

These are constitutional remedies provided under:

• Article 226 – Writ petitions before High Courts for enforcement of fundamental rights and other legal rights.
• Article 32 – Writ petitions directly before the Supreme Court for enforcement of fundamental rights.

These petitions are used when a person’s legal or fundamental rights are violated by the State or its instrumentalities.

🔹 Legal Provisions:

• Article 32 of the Constitution of India – Remedies for enforcement of fundamental rights through Supreme Court.
• Article 226 of the Constitution of India – Writ jurisdiction of High Courts.

🔹 Types of Writs:

Writ	Purpose
Habeas Corpus	To produce a person in unlawful custody before the court
Mandamus	To command a public authority to perform its duty
Prohibition	To prevent a subordinate court from exceeding its jurisdiction
Certiorari	To quash an order passed without jurisdiction
Quo Warranto	To question the authority of a person holding a public office

🔹 Who Can File:

• Any aggrieved person whose fundamental rights (for Art. 32) or legal rights (for Art. 226) are violated.
• Public Interest Litigation (PIL) can be filed under both articles for public causes.

🔹 Differences Between Article 32 and Article 226:

Article 32	Article 226
Enforce only fundamental rights	Enforce both fundamental and other legal rights
Filed in Supreme Court	Filed in High Court
Cannot be refused	Discretionary power of High Court
Wider scope in public importance cases	Wider territorial jurisdiction

🔹 Format of Writ Petition under Article 226:

 

IN THE HIGH COURT OF [STATE]

 

Writ Petition No. ___ of 20__

 

IN THE MATTER OF:

 

[Petitioner’s Name],

S/o / D/o [Name],

R/o [Full Address] …………………….……..Petitioner

 

VERSUS

 

1. [Name of Government Authority/Department]

Through [Designation],

[Office Address]

 

2. [Other Respondents, if any] …………………….……..Respondents

 

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

 

To

The Hon’ble Chief Justice and His Companion Justices

of the Hon’ble High Court of [State]

 

The humble petition of the petitioner above named MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is a citizen of India and is filing this writ petition for enforcement of his legal/fundamental rights guaranteed under Article [mention, e.g., 14, 19, 21] of the Constitution.

 

2. That the respondent No. 1 is [name and position of public authority] and is amenable to the writ jurisdiction of this Hon’ble Court.

 

3. That on [mention date], the petitioner was [state the facts briefly and clearly – e.g., illegally dismissed, wrongfully arrested, denied services, etc.]

 

4. That the act of the respondents is illegal, arbitrary, and violative of the petitioner’s rights.

 

5. That the petitioner has no other alternative or efficacious remedy.

 

**GROUNDS:**

 

1. Because the impugned action is contrary to Article 14 (equality before law).
2. Because the respondent has failed to discharge its public duty.
3. Because the order/action is malafide and based on extraneous considerations.
4. [Any other legal/factual ground]

 

**PRAYER:**

 

In view of the above, the petitioner respectfully prays that this Hon’ble Court may be pleased to:

 

1. a) Issue a writ in the nature of [Mandamus/Certiorari/Prohibition/Habeas Corpus/Quo Warranto];
2. b) Direct the respondent to [mention specific relief sought];
3. c) Pass any other appropriate order or direction as may be just and proper.

 

Place: ___________

Date: ___________

 

[Signature of Advocate]

[Signature of Petitioner]

 

**AFFIDAVIT**

 

I, [Petitioner’s Name], do hereby solemnly affirm and declare that the contents of the above petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month, Year].

 

[Signature of Petitioner]

 

🔹 Format of Writ Petition under Article 32 (Supreme Court):

It is largely similar but addressed to:

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES

SUPREME COURT OF INDIA

NEW DELHI

🔹 Landmark Case Laws:

1. Maneka Gandhi v. Union of India (AIR 1978 SC 597)

Held: Right to travel abroad is part of Article 21; widened the scope of “procedure established by law.”

2. Bandhua Mukti Morcha v. Union of India (AIR 1984 SC 802)

Held: Supreme Court can entertain PILs under Article 32 to enforce rights of bonded labourers.

3. D. K. Basu v. State of West Bengal (AIR 1997 SC 610)

Held: Laid down guidelines for arrest and custodial rights; enforced through Article 32.

4. L. Chandra Kumar v. Union of India (AIR 1997 SC 1125)

Held: Article 226 is part of the basic structure and cannot be ousted even by a constitutional amendment.

🔹 Drafting Tips:

• Choose the correct writ type for the issue.
• State clear and concise facts.
• Avoid repetition – focus on violation of rights.
• Attach supporting documents (orders, ID proofs, etc.)
• Include a proper affidavit and verification.

 

📘 (1) CRIMINAL COMPLAINT

🔹 Definition:

A criminal complaint is a formal allegation made to a Magistrate by a person claiming that an offense has been committed. It is governed by Section 2(d) of the Criminal Procedure Code (CrPC), 1973.

Section 2(d), CrPC: “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

🔹 When to File a Complaint:

• When police refuse to register FIR or investigate.
• For non-cognizable offenses, where police cannot take direct action without Magistrate’s permission.
• When a private individual wants to initiate criminal proceedings.

🔹 Relevant Sections of Law:

Section	Description
S. 2(d)	Defines “Complaint”
S. 190	Cognizance of offences by Magistrates
S. 200	Examination of complainant
S. 202	Postponement of issue of process
S. 203	Dismissal of complaint
S. 204	Issue of process

🔹 Contents of a Criminal Complaint:

1. Name and address of complainant.
2. Name and address of accused.
3. Facts constituting the offense.
4. Names of witnesses (if any).
5. List of documents (if any).
6. Prayer for action under relevant law.

🔹 Format of a Criminal Complaint:

 

IN THE COURT OF THE HON’BLE METROPOLITAN/JUDICIAL MAGISTRATE

AT [Place]

 

Criminal Complaint No. ___ of 20__

 

IN THE MATTER OF:

[Complainant’s Name]

S/o or D/o [Father’s Name],

R/o [Address] …………………………Complainant

 

VERSUS

 

[Accused’s Name]

S/o or D/o [Father’s Name],

R/o [Address] …………………………Accused

 

COMPLAINT UNDER SECTION 200 OF CrPC, 1973

 

MOST RESPECTFULLY SHOWETH:

 

1. That the complainant is a law-abiding citizen residing at the above address.

 

2. That on [mention date], the accused committed the following illegal acts:

– [Briefly state the offense and facts constituting it]

– [Mention place, time, motive, and nature of crime]

 

3. That the offense committed by the accused is punishable under Section(s) [mention IPC or other laws, e.g., 420, 406 IPC].

 

4. That the complainant has approached the concerned police station, but no action has been taken.

 

5. That the complainant has sufficient evidence in the form of [witnesses/documents/audio/video, etc.] to prove the offense.

 

**PRAYER:**

 

It is therefore prayed that this Hon’ble Court may be pleased to:

 

1. a) Take cognizance of the matter under Section 190 of CrPC;
2. b) Record the statement of the complainant under Section 200 of CrPC;
3. c) Issue process against the accused for offenses under Section [insert];
4. d) Pass such other orders as deemed just and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Complainant / Advocate]

 

**Verification:**

 

I, [Name of Complainant], verify that the contents of the above complaint are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

Case: A shopkeeper gives a customer goods on credit worth ₹1,00,000. The customer refuses to pay. Despite several reminders, no payment is made. The act constitutes criminal breach of trust (Section 406 IPC) and cheating (Section 420 IPC). The shopkeeper may file a complaint before the Magistrate under Section 200 CrPC.

🔹 Important Case Laws:

✅ Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287

Facts: Petitioner filed a criminal complaint directly under S. 156(3) without first approaching police.
Held: Supreme Court held that filing of affidavit is mandatory before invoking Section 156(3). Petitions must not be used to harass accused.

✅ Nand Kumar Singh v. State of Bihar AIR 2010 SC 475

Held: Magistrate is not bound to accept the complaint. He may direct investigation under S. 202 or dismiss under S. 203 if no prima facie case is made.

✅ Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1

Held: Mandatory registration of FIR in cognizable offenses. However, for non-cognizable matters or private disputes, complaint under S. 200 may be filed.

🔹 Tips for Drafting:

• Be concise and fact-specific.
• Avoid personal remarks or exaggeration.
• Use appropriate legal language.
• Attach all supporting evidence.
• Mention relevant IPC and CrPC sections accurately.

 

📘 (2) CRIMINAL MISCELLANEOUS PETITION (CMP)

🔹 Definition:

A Criminal Miscellaneous Petition (CMP) is a procedural petition filed before a higher court (Sessions Court or High Court) for various kinds of relief related to ongoing or decided criminal cases. It typically challenges orders of magistrates, seeks bail, or other interim reliefs.

🔹 Common Types of CMP:

• Challenge to orders of Magistrate or lower courts (e.g., order dismissing complaint, order granting/denying bail)
• Application for bail or anticipatory bail
• Application for extension of interim bail
• Petition for revision or review of a criminal case order (where formal revision is not applicable)
• Petition for transfer of case
• Petition for restoration of criminal case

🔹 Relevant Legal Provisions:

• Section 397 CrPC – Power of Sessions Court to call for records and revise
• Section 438 CrPC – Anticipatory bail
• Section 439 CrPC – Regular bail
• Section 482 CrPC – Inherent powers of High Court to prevent abuse of process
• Section 389 CrPC – Suspension of sentence pending appeal

🔹 When to File CMP?

• To challenge interlocutory orders of Magistrate’s court.
• To apply for bail/anticipatory bail.
• To seek interim relief in ongoing criminal proceedings.
• To file revision petitions in certain states where revision lies before Sessions Court as CMP.
• To request transfer or quashing of FIR under inherent powers.

🔹 Format of a Criminal Miscellaneous Petition:

IN THE COURT OF THE HON’BLE [SESSIONS COURT/HIGH COURT]

 

Criminal Miscellaneous Petition No. ___ of 20__

 

IN THE MATTER OF:

 

[Petitioner’s Name],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Respondent’s Name]

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent

 

CRIMINAL MISCELLANEOUS PETITION UNDER SECTION [mention applicable section, e.g., 482, 439] OF THE CODE OF CRIMINAL PROCEDURE, 1973

 

The humble petition of the petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is [briefly state relation to case and status].

 

2. That the petitioner has filed/challenged/contested [mention the order, e.g., order granting bail, FIR registration, etc.] dated [date] passed by [court or police authority].

 

3. That the impugned order is illegal, arbitrary, and against the principles of natural justice because [state grounds].

 

4. That the petitioner is entitled to the relief prayed for due to [mention reasons like lack of evidence, abuse of process, etc.]

 

5. That the petitioner undertakes to abide by any conditions imposed by this Hon’ble Court.

 

**PRAYER:**

 

In view of the above facts and circumstances, the petitioner prays that this Hon’ble Court may be pleased to:

 

1. a) [Set aside/modify/quash] the impugned order dated [date];
2. b) Grant [bail/anticipatory bail/interim relief];
3. c) Pass any other order deemed fit and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example Scenario:

A person is arrested for a non-bailable offense. He/she approaches the Sessions Court through a Criminal Miscellaneous Petition under Section 439 CrPC for regular bail, challenging the denial of bail by the Magistrate.

🔹 Important Case Laws:

1. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632

Held: Bail is a rule and jail an exception; discretion must be exercised judiciously.

2. State of Rajasthan v. Balchand, AIR 1977 SC 2447

Held: Bail may be denied if accused is likely to flee, tamper with evidence, or commit further offenses.

3. Hussainara Khatoon v. State of Bihar (AIR 1979 SC 1360)

Held: Right to speedy trial and bail is fundamental to personal liberty.

🔹 Drafting Tips:

• Clearly specify the relief sought and grounds.
• Attach copies of the impugned order or police report.
• Maintain formal tone with precise facts.
• Mention the case number and parties involved clearly.

 

📘 (3) BAIL APPLICATION

🔹 Definition:

A Bail Application is a formal request made to a Magistrate or Sessions Court seeking release of an accused person on bail pending investigation or trial. Bail is a legal right subject to the nature of offense and facts of the case.

🔹 Types of Bail:

Type	Description	Relevant Sections
Regular Bail	Bail after arrest and during trial or investigation	Section 437, 439 CrPC
Anticipatory Bail	Bail sought in anticipation of arrest	Section 438 CrPC
Interim Bail	Temporary bail granted before regular bail application is decided	Not specifically mentioned

🔹 Legal Provisions:

• Section 436 CrPC: Bail in bailable offenses.
• Section 437 CrPC: Bail in non-bailable offenses (discretionary).
• Section 438 CrPC: Anticipatory bail.
• Section 439 CrPC: Powers of High Court and Sessions Court regarding bail.
• Section 440 CrPC: Power to impose conditions on bail.
• Section 441 CrPC: Surety for appearance.

🔹 Who Can File a Bail Application?

• The accused person or on his/her behalf by a lawyer or family member.
• In case of anticipatory bail, any person fearing arrest.

🔹 Grounds for Granting Bail:

• The accused is not likely to flee.
• No likelihood of tampering with evidence or influencing witnesses.
• The offense is not severe or punishable by long imprisonment.
• The accused has a permanent place of residence.
• Delay in investigation or trial.
• Medical grounds or old age.

🔹 Format of Bail Application:

 

IN THE COURT OF THE HON’BLE [MAGISTRATE/SESSIONS COURT/HIGH COURT]

 

Bail Application No. ___ of 20__

 

IN THE MATTER OF:

 

[Applicant’s Name],

S/o / D/o [Father’s Name],

R/o [Address] …………………….……..Applicant/Accused

 

VERSUS

 

State of [Name of State]

Through [Officer/Authority],

R/o [Address] …………………….……..Respondent

 

BAIL APPLICATION UNDER SECTION [438/439] OF THE CODE OF CRIMINAL PROCEDURE, 1973

 

MOST RESPECTFULLY SHOWETH:

 

1. That the applicant is the accused in FIR No. ___ dated ___ registered at [Police Station].

 

2. That the applicant apprehends arrest/is in custody in connection with the said FIR.

 

3. That the applicant is innocent and has been falsely implicated in the case.

 

4. That the offense alleged is [bailable/non-bailable], and the applicant undertakes to cooperate with the investigation and trial.

 

5. That the applicant has no criminal antecedents and is a permanent resident of [address].

 

6. That the applicant undertakes to abide by any conditions imposed by this Hon’ble Court, including surrendering the passport, regular reporting, or surety.

 

**PRAYER:**

 

In view of the above facts and circumstances, it is prayed that this Hon’ble Court may be pleased to:

 

1. a) Grant bail to the applicant on such terms and conditions as this Hon’ble Court may deem fit;
2. b) Pass any other order deemed fit and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Applicant / Advocate]

 

**Verification:**

 

I, [Name], do hereby verify that the contents of this bail application are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

An individual is accused of a minor theft (Section 379 IPC) and arrested. Since theft under certain limits is a bailable offense, the accused can file a regular bail application under Section 436 CrPC for immediate release.

🔹 Important Case Laws:

1. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632

Held: Bail is the rule, jail is the exception.

2. State of Rajasthan v. Balchand, AIR 1977 SC 2447

Held: Bail can be denied if accused is likely to abscond or tamper with evidence.

3. Sushila Aggarwal v. State (NCT of Delhi) (2010) 8 SCC 698

Held: Bail can be granted when there is no evidence of guilt or possibility of tampering with evidence.

🔹 Drafting Tips:

• Clearly mention the arrest details or apprehension.
• Provide details of the FIR and the alleged offense.
• Highlight grounds for bail including cooperation and no criminal history.
• Undertake to abide by conditions imposed by the court.
• Attach copy of FIR and arrest memo, if available.

 

📘 (4) MEMORANDUM OF APPEAL IN CRIMINAL CASES

🔹 Definition:

A Memorandum of Appeal in criminal cases is a written document filed by an aggrieved party (either prosecution or accused) to challenge the judgment or order passed by a lower criminal court before a higher court. It is governed mainly by the Criminal Procedure Code (CrPC), particularly Sections 372, 373, 374, and 375.

🔹 Types of Appeals in Criminal Cases:

Section	Nature of Appeal
S. 372	Appeal from original sentence passed by Court of Session to High Court
S. 373	Appeal from sentence or order of Magistrate to Sessions Court
S. 374	Appeal in case of acquittal (filed by prosecution)
S. 375	Appeal by aggrieved party in certain specified cases

🔹 Who Can File?

• Convicted person (accused) against conviction or sentence.
• Prosecution (State) against acquittal or inadequate sentence.
• Complainant or victim in some cases.

🔹 Time Limit for Filing Appeal:

• Generally 30 days from the date of the judgment or order.
• The court may extend time in appropriate cases under Section 5 of the Limitation Act, 1963.

🔹 Essential Contents of Memorandum of Appeal:

1. Title of the Court and case number.
2. Name and address of appellant and respondent.
3. Details of judgment/order appealed against (date, court, case number).
4. Brief facts and grounds of appeal.
5. Relief prayed for.
6. Verification and signature.

🔹 Format of Memorandum of Appeal (Criminal):

 

IN THE COURT OF THE HON’BLE [HIGH COURT/SESSIONS COURT]

 

Criminal Appeal No. ___ of 20__

 

IN THE MATTER OF:

 

[Appellant’s Name],

S/o / D/o [Name],

R/o [Address] …………………….……..Appellant

 

VERSUS

 

State of [Name] / Respondent

Through [Officer],

R/o [Address] …………………….……..Respondent

 

MEMORANDUM OF APPEAL UNDER SECTION [373 / 374] OF THE CODE OF CRIMINAL PROCEDURE, 1973

 

The humble appeal of the appellant above-named MOST RESPECTFULLY SHOWETH:

 

1. That the appellant was convicted/acquitted by the [Court name], in Criminal Case No. ___ dated ___.

 

2. That the appellant is aggrieved by the judgment/order dated ___ on the following grounds:

 

1. a) That the trial court erred in law by [briefly state errors such as improper appreciation of evidence, misapplication of law, etc.]

 

1. b) That the prosecution has failed to prove the charges beyond reasonable doubt.

 

1. c) That the sentence imposed is excessive and harsh.

 

3. That the appellant prays that the judgment/order dated ___ be set aside and/or modified as deemed fit by this Hon’ble Court.

 

**PRAYER:**

 

In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Admit the appeal;
2. b) Call for records and set aside/modify the judgment/order dated ___;
3. c) Pass any other order deemed fit and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Appellant / Advocate]

 

**Verification**

 

I, [Name of Appellant], do hereby verify that the contents of this appeal are true to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

A person convicted by the Magistrate’s Court for theft under Section 379 IPC and sentenced to one year imprisonment wants to challenge the sentence and conviction before the Sessions Court within 30 days.

🔹 Important Case Laws:

1. Kartar Singh v. State of Punjab, AIR 1994 SC 1859

Held: Appellate court must independently assess evidence but should not substitute its view merely because it differs from trial court.

2. State of UP v. Rajesh Gautam, AIR 2003 SC 3462

Held: Appeal should be allowed if there is substantial miscarriage of justice.

3. Ramesh Kumar v. State of Chhattisgarh, AIR 2001 SC 2591

Held: The benefit of doubt must go to the accused.

🔹 Drafting Tips:

• Keep grounds specific and concise.
• Avoid repetition of trial court records; refer by case number.
• Attach copy of judgment/order appealed against.
• Follow the court’s procedural rules for filing appeals.

 

📘 (5) MEMORANDUM OF REVISION IN CRIMINAL CASES

🔹 Definition:

A Memorandum of Revision in criminal matters is a formal document filed before a higher court (Sessions Court or High Court) seeking revision of an order or judgment passed by a subordinate criminal court. It is a discretionary remedy provided under Sections 397 and 401 of the Code of Criminal Procedure (CrPC), 1973.

Revision is not a regular appeal; it is meant to correct jurisdictional errors, gross irregularities, or miscarriage of justice when no other remedy is available.

🔹 Legal Provisions:

• Section 397 CrPC: Power of Sessions Court to call for records and revise.
• Section 401 CrPC: Power of High Court to call for records and revise.
• Section 399 CrPC: Bar on taking revisional jurisdiction when regular appeal is available (with some exceptions).

🔹 When to File Revision?

• When a subordinate court has acted without jurisdiction or exceeded jurisdiction.
• When a gross illegality or error apparent on the face of the record has occurred.
• When the order is unjust or prejudicial to the rights of a party.
• When no appeal is provided or appeal is inadequate.
• To challenge interlocutory orders (e.g., dismissal of complaint, denial of bail).

🔹 Who Can File?

• Aggrieved party to the criminal proceeding.
• Either prosecution or accused.

🔹 Time Limit:

• Usually within 30 or 60 days depending on the state rules or court discretion.
• No strict time limit under CrPC but delay can be condoned for sufficient cause.

🔹 Format of Memorandum of Revision:

 

IN THE COURT OF THE HON’BLE [SESSIONS COURT/HIGH COURT]

 

Criminal Revision Petition No. ___ of 20__

 

IN THE MATTER OF:

 

[Petitioner’s Name],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Respondent’s Name]

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent

 

CRIMINAL REVISION PETITION UNDER SECTION [397/401] OF THE CODE OF CRIMINAL PROCEDURE, 1973

 

The humble petition of the petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is aggrieved by the order dated ___ passed by [court name] in Criminal Case No. ___.

 

2. That the said order suffers from illegality and/or jurisdictional error because [state grounds].

 

3. That the petitioner has no other adequate remedy except to file this revision petition.

 

4. That the petitioner prays for setting aside/modification of the impugned order.

 

**PRAYER:**

 

In view of the above facts and circumstances, it is prayed that this Hon’ble Court may be pleased to:

 

1. a) Admit this revision petition;
2. b) Call for records and set aside/modifying the order dated ___;
3. c) Pass any other order as deemed fit in the interests of justice.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this revision petition are true to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

A magistrate dismisses a complaint for lack of jurisdiction or violates principles of natural justice. The aggrieved party files a revision petition before the Sessions Court challenging that order.

🔹 Important Case Laws:

1. Bhagwan Das v. State of Rajasthan, AIR 1954 SC 381

Held: Revision jurisdiction is discretionary and to be exercised sparingly.

2. K.K. Verma v. Union of India, AIR 1963 SC 1092

Held: Revision can be entertained when order is illegal or jurisdiction exceeded.

3. Tukaram S. Dighole v. State of Maharashtra, AIR 2010 SC 2071

Held: Revision is not a substitute for appeal; only gross illegality or error justifies intervention.

🔹 Drafting Tips:

• Specify clearly the order challenged.
• Give precise grounds focusing on jurisdictional or procedural errors.
• Attach copy of the impugned order.
• Explain why appeal is not a suitable remedy if applicable.

📘 (6) PETITION UNDER ARTICLES 226 AND 32 OF THE CONSTITUTION OF INDIA

🔹 Definition:

• Article 226 empowers the High Courts to issue certain writs for enforcement of fundamental rights or for any other purpose.
• Article 32 empowers the Supreme Court to issue writs for enforcement of fundamental rights.

These writ petitions are extraordinary remedies to protect citizens’ fundamental rights and ensure justice where no other remedy is effective.

🔹 Types of Writs:

Writ	Purpose
Habeas Corpus	To produce a person unlawfully detained or imprisoned
Mandamus	To command a public authority to perform a public duty
Prohibition	To prohibit a lower court or authority from acting beyond jurisdiction
Certiorari	To quash an order or decision of a lower court or authority
Quo Warranto	To question the authority of a person holding a public office

🔹 Legal Provisions:

• Article 32 (Supreme Court)
• Article 226 (High Courts)
• Code of Civil Procedure, Section 151 (inherent powers to issue writs)
• Judicial interpretations by Supreme Court and High Courts.

🔹 Who Can File?

• Any person whose fundamental rights are violated or any person aggrieved by illegal action of public authorities.
• Public Interest Litigation (PIL) can be filed by any public-spirited person.

🔹 Time Limit:

• No fixed statutory time limit but should be filed promptly.
• Delay can be condoned by the court for sufficient cause.

🔹 Format of Writ Petition (Article 226 / 32):

 

IN THE HON’BLE [HIGH COURT / SUPREME COURT OF INDIA]

 

Writ Petition (Criminal / Civil / PIL) No. ___ of 20__

 

IN THE MATTER OF:

 

[Petitioner’s Name],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Respondent’s Name],

[Designation / Authority],

R/o / Office at [Address] …………………….……..Respondent

 

WRIT PETITION UNDER ARTICLE [226 / 32] OF THE CONSTITUTION OF INDIA

 

The humble petition of the petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the petitioner is a citizen of India and is aggrieved by the violation of the fundamental right guaranteed under Article ___ of the Constitution.

 

2. That the petitioner has no other adequate remedy except to approach this Hon’ble Court under Article [226 / 32].

 

3. That the respondent being a public authority has failed to perform its statutory/public duty and acted in violation of the petitioner’s fundamental rights.

 

4. That the petitioner prays that this Hon’ble Court may be pleased to issue a writ of [Habeas Corpus / Mandamus / Certiorari / Prohibition / Quo Warranto] in the nature of [nature of relief].

 

**PRAYER:**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Issue a writ of [specify writ] in the nature of [relief];
2. b) Pass such other orders as this Hon’ble Court may deem fit and proper in the interest of justice.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

• A citizen illegally detained without trial can file a Habeas Corpus Petition under Article 226 in the High Court.
• An employee illegally removed from service can file a Mandamus Petition to compel reinstatement.
• An authority acting beyond jurisdiction can be restrained by Prohibition/Certiorari

🔹 Important Case Laws:

1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

Held: Basic structure of the Constitution cannot be altered.

2. Maneka Gandhi v. Union of India, AIR 1978 SC 597

Held: Right to life and personal liberty under Article 21 includes procedural fairness.

3. Hussainara Khatoon v. Home Secretary, AIR 1979 SC 1369

Held: Right to speedy trial is a fundamental right.

4. A.K. Roy v. Union of India, AIR 1982 SC 710

Held: Writ jurisdiction under Article 32 is a fundamental right itself.

🔹 Drafting Tips:

• Clearly state the fundamental right violated.
• Mention statutory or constitutional provisions.
• Provide factual background supporting the violation.
• Prayers must be specific regarding the writ and relief sought.
• Attach copies of relevant documents, orders, or communications.

 

📘 (1)(a) PLAINT (Civil Suit)

🔹 Definition:

A Plaint is the written statement of claim filed by the plaintiff to initiate a civil suit in a court of competent jurisdiction. It contains the facts and legal grounds on which the plaintiff seeks relief against the defendant.

The legal framework for Plaint is mainly governed by the Code of Civil Procedure, 1908 (CPC), especially Order VII, Rules 1 and 2.

🔹 Legal Provisions:

• Order VII, Rule 1 CPC: Plaint shall contain the following particulars:
  1. The name of the court.
  2. The names, descriptions, and places of residence of the parties.
  3. The facts constituting the cause of action.
  4. The particulars of the remedy sought.
  5. The value of the subject matter of the suit.
  6. The relief or reliefs which the plaintiff claims.
  7. A statement that the suit is not barred by any law.
• Order VII, Rule 2 CPC: The plaint shall contain a concise statement of facts but not the evidence.
• Section 26 CPC: No suit shall be defeated for defect of form.

🔹 Essentials of a Plaint:

1. Court name: Correct jurisdictional court must be mentioned.
2. Parties’ details: Full names, addresses, and descriptions.
3. Cause of action: Clear, chronological narration of facts.
4. Relief claimed: Specific remedies sought like injunction, damages, declaration, etc.
5. Value of the suit: For jurisdiction and court fees.
6. Signature: Signed by plaintiff or advocate.
7. Verification: Declaration that facts are true to knowledge.

🔹 Types of Plaint:

• Simple Plaint: For straightforward claims.
• Plaint for Permanent Injunction: Seeking to restrain the defendant.
• Plaint for Specific Performance: For contract enforcement.
• Plaint for Recovery of Money: For debt claims.

🔹 Format of Plaint:

 

IN THE COURT OF [COURT NAME]

 

Plaint No. ___ of 20__

 

[Name of Plaintiff],

S/o / D/o [Name],

R/o [Address] …………………….……..Plaintiff

 

VERSUS

 

[Name of Defendant],

S/o / D/o [Name],

R/o [Address] …………………….……..Defendant

 

PLAINT

 

The humble Plaint of the Plaintiff above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Plaintiff is a resident of [address] and the Defendant is a resident of [address].

 

2. That the Plaintiff and Defendant had entered into a contract/agreement on [date] regarding [subject].

 

3. That the Defendant breached the agreement by [brief facts of breach].

 

4. That the cause of action for this suit arose on [date] when [event].

 

5. That the Plaintiff has demanded [specific relief] from the Defendant but the Defendant has refused.

 

6. That the Plaintiff claims the following relief(s):

 

1. a) [Declaration/Recovery of amount/Specific performance/ Injunction]
2. b) Costs of the suit
3. c) Any other relief as the Court may deem fit.

 

7. That the value of the subject matter of the suit is Rs. _______.

 

8. That the suit is not barred by law and this court has jurisdiction.

 

9. That the Plaintiff verifies the facts stated above to be true and correct.

 

Place: ___________

Date: ___________

 

[Signature of Plaintiff / Advocate]

 

**Verification**

 

I, [Name of Plaintiff], do hereby verify that the facts stated in the plaint are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

Case: A landlord files a suit for recovery of possession against a tenant for non-payment of rent.

• The plaint will detail the tenancy agreement, the tenant’s failure to pay rent, demand for possession, cause of action date, and relief sought (eviction and rent arrears).

🔹 Important Case Laws:

1. M.C. Chockalingam v. M.C. Lakshmanan, AIR 1962 SC 356

Held: Plaint must disclose a cause of action; mere assertion without facts is insufficient.

2. Union of India v. Ibrahim Uddin, AIR 2007 SC 2511

Held: Court must ensure that the plaint discloses a cause of action and proper jurisdiction.

3. State of Haryana v. Bhajan Lal, AIR 1992 SC 604

Held: Plaint must be clear and concise and not contain unnecessary allegations.

🔹 Drafting Tips:

• Write facts in chronological order.
• Avoid repetition or irrelevant details.
• Mention clear dates and events.
• Specify precise relief sought.
• Attach documents supporting cause of action.

 

📘 (1)(b) WRITTEN STATEMENT (Civil)

🔹 Definition:

A Written Statement is the formal written reply by the defendant to the plaintiff’s plaint in a civil suit. It contains the defendant’s version of the facts and defenses against the plaintiff’s claim.

It is governed mainly by the Code of Civil Procedure, 1908 (CPC), especially Order VIII.

🔹 Legal Provisions:

• Order VIII, Rule 1 CPC: The defendant shall file a written statement within 30 days (can be extended to 90 days) from the date of service of summons.
• Order VIII, Rule 2 CPC: Defendant can deny, admit, or state that he has no knowledge of the facts stated.
• Order VIII, Rule 4 CPC: The written statement should contain the substance of the defense and not mere denials.
• Section 58 CPC: On the failure to file written statement, the court may pronounce judgment against the defendant.

🔹 Essentials of a Written Statement:

1. Particulars of the case: Reference to plaint and suit number.
2. Admission/Denial: Admit or deny the allegations specifically.
3. Defenses: Raise any legal or factual defenses.
4. Counterclaim: If defendant has claims against plaintiff, can be included.
5. Documents: List of documents produced.
6. Verification: Statement verifying the truth of the contents.

🔹 Purpose:

• To present the defendant’s side.
• To put the plaintiff on notice of the defenses.
• To avoid surprise at trial.

🔹 Format of Written Statement:

 

IN THE COURT OF [COURT NAME]

 

Civil Suit No. ___ of 20__

 

[Name of Defendant],

S/o / D/o [Name],

R/o [Address] …………………….……..Defendant

 

VERSUS

 

[Name of Plaintiff],

S/o / D/o [Name],

R/o [Address] …………………….……..Plaintiff

 

WRITTEN STATEMENT

 

The humble Written Statement of the Defendant above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Defendant admits the facts stated in paragraph(s) ___ of the plaint.

 

2. That the Defendant denies the facts stated in paragraph(s) ___ of the plaint for the reasons stated below:

 

3. That the Defendant states that he has no knowledge about the facts stated in paragraph(s) ___.

 

4. That the Defendant pleads that the suit is barred by [law, limitation, waiver, estoppel, etc.].

 

5. That the Defendant submits the following defenses:

 

1. a) [First defense with explanation]
2. b) [Second defense with explanation]

 

6. That the Defendant pleads a counterclaim as follows:

[Details of counterclaim]

 

7. That the Defendant produces the following documents:

(i) Document No. 1: ____________

(ii) Document No. 2: ____________

 

8. That the Defendant prays to dismiss the suit with costs.

 

Place: ___________

Date: ___________

 

[Signature of Defendant / Advocate]

 

**Verification**

 

I, [Name of Defendant], do hereby verify that the contents of this written statement are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

In a suit for recovery of money, the defendant files a written statement denying the debt and pleads that the amount was already paid or the suit is barred by limitation.

🔹 Important Case Laws:

1. Rajendra Prasad v. Phulavati, AIR 1957 SC 263

Held: Defendant must file a written statement to enable the court to decide on merits.

2. Maneka Gandhi v. Union of India, AIR 1978 SC 597

Held: Right to be heard is part of fair trial; written statement facilitates this.

3. R.K. Verma v. State of Bihar, AIR 1990 SC 276

Held: Written statement should contain substantive defense, not vague denials.

🔹 Drafting Tips:

• Address each allegation specifically.
• Avoid vague or evasive replies.
• Include any affirmative defenses.
• Attach supportive documents.
• Keep language polite and formal.

 

📘 (1)(c) INTERLOCUTORY APPLICATION (Civil)

🔹 Definition:

An Interlocutory Application is a formal written application made during the pendency of a suit or proceeding, seeking interim or temporary relief or orders, pending the final decision of the case. It helps to preserve the rights of the parties during litigation.

🔹 Legal Provisions:

• Order XXXIX CPC: Temporary injunctions and interlocutory orders.
• Order VI Rule 17 CPC: Amendment of pleadings by interlocutory application.
• Section 151 CPC: Courts’ inherent power to pass interlocutory orders.
• Various other procedural provisions for specific interim reliefs (e.g., stay of proceedings, appointment of receiver).

🔹 Purpose:

• To prevent injustice before the final judgment.
• To maintain status quo.
• To protect property or rights.
• To prevent abuse of process or irreparable harm.

🔹 Types of Interlocutory Applications:

• Application for Temporary Injunction (restraining defendant from doing certain acts).
• Application for Appointment of Receiver.
• Application for Stay of Proceedings.
• Application for Amendment of pleadings.
• Application for Discovery and Inspection.
• Application for Summoning Documents.

🔹 Essentials of Interlocutory Application:

1. Title of the suit and parties.
2. Number of the original suit/ proceeding.
3. Grounds for interim relief.
4. Statement of facts necessitating immediate relief.
5. Prayer for interim relief.

🔹 Format of Interlocutory Application:

 

IN THE COURT OF [COURT NAME]

 

Interlocutory Application No. ___ of 20__

 

In Civil Suit No. ___ of 20__

 

[Name of Applicant],

S/o / D/o [Name],

R/o [Address] …………………….……..Applicant

 

VERSUS

 

[Name of Opposite Party],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent

 

INTERLOCUTORY APPLICATION

 

The humble application of the Applicant above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Applicant has filed Civil Suit No. ___ of 20__ against the Respondent for [brief description].

 

2. That during the pendency of the suit, the Respondent is likely to [cause irreparable loss/damage] by [describe act].

 

3. That the Applicant is entitled to the relief of temporary injunction/interim order to restrain the Respondent from [specific act].

 

4. That the balance of convenience lies in favor of the Applicant and irreparable loss will be caused if the relief is not granted.

 

5. That the Applicant prays that this Hon’ble Court may be pleased to grant an interim injunction/restraint order in favor of the Applicant until disposal of the suit.

 

**PRAYER:**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Grant an interim injunction/restraint order against the Respondent;
2. b) Pass such other order(s) as this Hon’ble Court deems fit and proper.

 

Place: ___________

Date: ___________

 

[Signature of Applicant / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this application are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. American Cyanamid Co. v. Ethicon Ltd., (1975) AC 396 (UK)

Principles for granting interlocutory injunction:

• Serious question to be tried
• Balance of convenience
• Irreparable injury

(This principle is often followed by Indian courts.)

2. M.C. Chockalingam v. M.C. Lakshmanan, AIR 1962 SC 356

Held: Interlocutory applications must disclose urgency and necessity.

3. Dalpat Kumar v. Prahlad Singh, AIR 1993 SC 276

Held: Temporary injunction cannot be granted merely on the possibility of success.

🔹 Drafting Tips:

• Clearly state urgency and necessity of relief.
• Provide factual details supporting the application.
• Attach supporting affidavits or documents.
• Be concise and to the point.

 

📘 (1)(d) ORIGINAL PETITION (Civil)

🔹 Definition:

An Original Petition is a formal written application filed before a civil court or tribunal seeking a specific remedy or relief, which may not be strictly by way of suit but under special statutory or constitutional provisions. It initiates proceedings distinct from regular suits and is often used in petitions like guardianship, probate, company winding-up, or constitutional writs.

🔹 Legal Framework:

• Order XXXVII CPC (for summary suits, where applicable).
• Specific statutes related to the subject matter (e.g., Companies Act for winding up, Guardianship Act).
• Article 226 and 32 of the Constitution of India for writ petitions.
• Civil courts also entertain Original Petitions in certain matters.

🔹 Characteristics:

• Starts original jurisdiction proceedings.
• Contains concise statement of facts.
• States grounds for the relief sought.
• Includes affidavits in support.
• Distinct from plaint as it is a petition.

🔹 Common Types of Original Petitions:

• Petition for guardianship.
• Petition for probate or letters of administration.
• Petition for company winding up.
• Petition under Article 226 (writ petition).
• Petition for insolvency proceedings.
• Petition for divorce (in certain courts).

🔹 Essentials of Original Petition:

1. Title of the court and case number (if any).
2. Name and description of petitioner and respondents.
3. Jurisdictional facts and basis for filing the petition.
4. Facts in chronological order.
5. Legal grounds and statutory provisions invoked.
6. Reliefs prayed for.
7. Affidavit verifying the truth of contents.
8. List of documents attached.

🔹 Format of Original Petition:

 

IN THE COURT OF [COURT NAME]

 

Original Petition No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent(s)],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent(s)

 

ORIGINAL PETITION

 

The humble petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Petitioner is a resident of [address] and the Respondent(s) is/are resident(s) of [address(es)].

 

2. That the Petitioner submits that the facts and circumstances leading to the filing of this petition are as follows:

 

[Brief narration of facts in numbered paragraphs]

 

3. That the Petitioner invokes the jurisdiction of this Hon’ble Court under [mention relevant law/statute].

 

4. That the Petitioner is entitled to the reliefs as mentioned below.

 

**PRAYER**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) [Specify relief(s) sought]

 

1. b) Pass such other order(s) as this Hon’ble Court deems fit and proper.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**AFFIDAVIT**

 

I, [Name of Petitioner], do hereby solemnly affirm and declare that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Example:

A petition for guardianship filed by a maternal uncle seeking custody of a minor child under the Guardians and Wards Act.

🔹 Important Case Laws:

1. M.C. Chockalingam v. M.C. Lakshmanan, AIR 1962 SC 356

Held: Petition must disclose clear cause of action and jurisdiction.

2. State of Rajasthan v. Union of India, AIR 1977 SC 1361

Held: The court must satisfy itself about jurisdiction and maintain procedural fairness.

🔹 Drafting Tips:

• Clearly state the legal grounds and jurisdiction.
• Attach relevant supporting documents.
• Use clear and precise language.
• Affidavit is essential to prove authenticity.

 

📘 (1)(e) AFFIDAVIT (Civil)

🔹 Definition:

An Affidavit is a written statement of facts voluntarily made under oath or affirmation before a person authorized to administer oaths, such as a Notary Public or Magistrate. It serves as evidence in court proceedings.

🔹 Legal Provisions:

• Order XIX, Rule 3 CPC: Affidavits are used to verify pleadings or documents.
• Indian Evidence Act, 1872:
  • Section 3: Defines evidence.
  • Section 67: Affidavits are secondary evidence and cannot replace oral evidence.
• Notaries Act, 1952: Regulates notarization of affidavits.
• Oaths Act, 1969: Governs oaths and affirmations.

🔹 Purpose:

• To support pleadings with sworn statements.
• To verify truthfulness of statements.
• To submit evidence in documentary form.
• To present facts before courts or authorities.

🔹 Essentials of an Affidavit:

1. Title of the proceeding and parties’ names.
2. Full name, age, occupation, and address of the deponent (person making affidavit).
3. Statement of truth verified on oath or affirmation.
4. Clear and concise facts in numbered paragraphs.
5. Signature of the deponent.
6. Attestation by authorized official (Notary or Magistrate).

🔹 Format of Affidavit:

 

AFFIDAVIT

 

I, [Full Name], son/daughter of [Father’s/Husband’s Name], aged about ___ years, residing at [Full Address], do hereby solemnly affirm and declare as under:

 

1. That I am the [Plaintiff/Defendant/Petitioner/Respondent] in the above-captioned matter.

 

2. That the facts stated in the [Plaint/ Petition/ Written Statement/ Application] filed before this Hon’ble Court are true and correct to the best of my knowledge and belief.

 

3. That I have not concealed any material facts.

 

4. That the contents of the said [pleading/document] are true and correct.

 

5. That this affidavit is executed for the purpose of [state purpose].

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature of Deponent]

 

DEPONENT

 

[Attestation by Notary / Magistrate]

 

(Signature and seal)

 

🔹 Example:

Affidavit verifying a plaint stating that the facts contained in the plaint are true to the knowledge and belief of the plaintiff.

🔹 Important Case Laws:

1. Union of India v. V. Sri Ramulu, AIR 1954 SC 167

Held: Affidavits can be treated as evidence but cannot replace oral evidence.

2. Jairam Singh v. Kartar Singh, AIR 1951 SC 250

Held: False statements in affidavits may attract penalties.

3. Dharam Singh Saini v. Union of India, AIR 1996 SC 2341

Held: Affidavits must be truthful and are admissible as evidence.

🔹 Drafting Tips:

• Use simple and clear language.
• Number paragraphs for clarity.
• Ensure correct personal details.
• Affidavit must be signed before authorized official.
• Avoid ambiguous or broad statements.

 

📘 (1)(f) EXECUTION PETITION (Civil)

 

🔹 Definition:

An Execution Petition is a formal application filed in a civil court to enforce or execute a decree or order passed by the court. It initiates the process to compel the judgment-debtor to comply with the court’s decree.

🔹 Legal Provisions:

• Order XXI CPC (Code of Civil Procedure, 1908) – deals with execution of decrees and orders.
• Section 36 CPC: Procedure for execution of money decrees.
• Section 47 CPC: Execution of decrees passed by one court in another jurisdiction.

🔹 Purpose:

• To implement the court’s decision.
• To recover money or property awarded.
• To ensure compliance with orders like injunctions.

🔹 Essentials of an Execution Petition:

1. Title and number of the original suit and decree.
2. Details of the decree or order sought to be executed.
3. Details of the judgment-debtor (opposite party).
4. Relief sought in execution (e.g., recovery of money, delivery of possession).
5. Description of property, if applicable.

🔹 Who can file:

• The decree-holder or their authorized agent.
• Legal representatives.

🔹 Time to file:

• Generally, execution must be filed within 12 years from the date of decree (for money decrees).

🔹 Format of Execution Petition:

 

IN THE COURT OF [COURT NAME]

 

Execution Petition No. ___ of 20__

 

[Name of Decree-Holder],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Judgment-Debtor],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent

 

EXECUTION PETITION

 

The humble petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Petitioner is the decree-holder in Civil Suit No. ___ of 20__ decided by this Hon’ble Court on [date], whereby the Respondent was directed to pay Rs. _________ / deliver possession of [property description].

 

2. That the Respondent has failed/refused to comply with the decree/order.

 

3. That the Petitioner therefore files this Execution Petition for enforcement of the said decree.

 

4. That the particulars of the decree are as follows:

 

1. a) Decree dated: __________
2. b) Amount awarded: __________
3. c) Description of property (if any): __________

 

5. That the Petitioner prays for execution of the decree by [attachment, sale, delivery of possession, etc.].

 

**PRAYER**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Execute the decree dated [date] passed in Civil Suit No. ___ of 20__;
2. b) Pass necessary orders for recovery of the decree amount/delivery of possession;
3. c) Award costs of the petition; and
4. d) Pass such other orders as this Hon’ble Court deems fit and proper.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. Union of India v. K.N. Modi, AIR 1998 SC 1623

Held: Execution proceedings are summary in nature but must comply with principles of natural justice.

2. Chandrakant H. Mehta v. Union of India, AIR 1983 SC 1832

Held: Court has wide powers to ensure execution of decree.

3. Ram Jivan Ram v. Indian Oil Corporation Ltd., AIR 1998 SC 2253

Held: Execution cannot be denied on mere technical grounds.

🔹 Drafting Tips:

• Attach copy of the decree and plaint if necessary.
• State clearly the decree and default.
• Specify mode of execution desired.
• Be precise and avoid unnecessary repetition.

 

📘 (1)(g) MEMORANDUM OF APPEAL (Civil)

 

🔹 Definition:

A Memorandum of Appeal is a formal written document filed by a party (appellant) who is dissatisfied with the judgment or decree of a lower court, seeking review or reversal of that decision by a higher court.

🔹 Legal Provisions:

• Section 96 CPC: Right to appeal from original decrees.
• Order XLI CPC: Procedure for filing appeals.
• Specific statutes may have special appeal provisions (e.g., Family Courts Act, Companies Act).
• Limitation Act, 1963: Prescribes limitation for filing appeal (usually 30-90 days).

🔹 Purpose:

• To challenge the correctness or legality of a judgment/decree.
• To seek modification, reversal, or setting aside of the lower court’s order.

🔹 Essentials of Memorandum of Appeal:

1. Title of the appellate court and appeal number.
2. Name and description of appellant(s) and respondent(s).
3. Particulars of the judgment/decree appealed against: date, court, case number.
4. Grounds of appeal clearly stated in numbered paragraphs.
5. Brief facts of the case.
6. Points of law or fact disputed.
7. Relief or orders prayed for.
8. Verification and signature.
9. Court fees and compliance with procedural rules.

🔹 Format of Memorandum of Appeal:

IN THE COURT OF [APPELLATE COURT NAME]

 

Civil Appeal No. ___ of 20__

 

[Name of Appellant],

S/o / D/o [Name],

R/o [Address] …………………….……..Appellant

 

VERSUS

 

[Name of Respondent],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent

 

MEMORANDUM OF APPEAL

 

The humble appeal of the Appellant above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Appellant is aggrieved by the judgment and decree dated [date] passed by the [Name of Lower Court] in Civil Suit No. ___ of 20__, whereby the suit was [dismissed / decreed].

 

2. That the Appellant submits the following grounds of appeal:

 

1. a) That the learned trial court erred in law and facts in holding that [briefly state point].

 

1. b) That the learned court failed to consider [mention important facts or evidence].

 

1. c) That the decree is contrary to law and justice.

 

1. d) [Any other grounds].

 

3. That the brief facts of the case leading to the appeal are as follows:

 

[State relevant facts in chronological order]

 

4. That the Appellant prays that the judgment and decree be set aside/modifed, and such further relief be granted.

 

**PRAYER**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Allow the appeal;
2. b) Set aside/modify the judgment and decree dated [date];
3. c) Pass such other orders as deemed fit.

 

Place: ___________

Date: ___________

 

[Signature of Appellant / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this memorandum of appeal are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

 

🔹 Important Case Laws:

1. R.N. Kapoor v. Jagmohan, AIR 1953 SC 195

Held: Grounds of appeal should be clearly stated with reasons.

2. K. Ramachandra Reddy v. State of A.P., AIR 1967 SC 1363

Held: Appeal is a continuation of original suit but restricted to grounds raised.

3. Satya Narain Tiwari v. Bhagirathi, AIR 1954 SC 135

Held: Grounds of appeal should be strictly followed to avoid abuse.

🔹 Drafting Tips:

• Clearly frame grounds of appeal.
• Stick to facts and law.
• Avoid irrelevant or scandalous allegations.
• Attach certified copy of impugned judgment/decree.
• File within prescribed limitation period.

 

📘 (1)(h) MEMORANDUM OF REVISION (Civil)

 

🔹 Definition:

A Memorandum of Revision is a petition filed before a higher court (usually a High Court or a Sessions Court) seeking a revision of an order or decision passed by a lower court or tribunal. It is an extraordinary remedy to correct errors apparent on the face of the record or jurisdictional errors.

🔹 Legal Provisions:

• Section 115 CPC: Revision by High Court in civil cases.
• Section 397 CrPC: Revision by High Court or Sessions Court in criminal cases.
• Specific provisions under various laws may empower revision (e.g., Motor Vehicles Act).

🔹 Purpose:

• To correct errors or irregularities in the proceedings of lower courts.
• To ensure justice when appeal is not the proper remedy or is barred.
• To correct jurisdictional errors or procedural defects.

🔹 Essentials of Memorandum of Revision:

1. Title of the revisional court and case number.
2. Name and description of petitioner (revisionist) and respondents.
3. Details of the order sought to be revised: date, court, case number.
4. Grounds for revision specifying errors or jurisdictional defects.
5. Brief facts of the case.
6. Relief or orders sought.
7. Verification and signature.

🔹 Format of Memorandum of Revision:

 

IN THE COURT OF [REVISIONAL COURT NAME]

 

Revision Petition No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent(s)],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent(s)

 

MEMORANDUM OF REVISION

 

The humble petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Petitioner is aggrieved by the order dated [date] passed by the [Name of Lower Court] in [Case/Appeal/Execution Petition] No. ___ of 20__.

 

2. That the Petitioner submits the following grounds for revision:

 

1. a) That the learned court has committed an error apparent on the face of the record by [describe error].

 

1. b) That the learned court exceeded its jurisdiction by [explain].

 

1. c) That the order is unjust and liable to be set aside.

 

3. That the brief facts leading to the revision petition are as follows:

 

[Brief factual narration]

 

4. That no other remedy is available except revision.

 

**PRAYER**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Admit the revision petition;
2. b) Set aside/modify the impugned order dated [date];
3. c) Pass such other orders as this Hon’ble Court may deem fit and proper.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. Surya Dev Rai v. State of Bihar, AIR 1964 SC 1037

Held: Revision lies only for correcting errors apparent on the face of record.

2. State of Orissa v. Debendra Nath Padhi, AIR 1962 SC 1460

Held: Revision is not an appeal in disguise; its scope is limited.

3. Sukh Ram v. Union of India, AIR 1960 SC 615

Held: Revision cannot be used to re-examine evidence or re-try the case.

🔹 Drafting Tips:

• Clearly specify grounds showing error or jurisdictional fault.
• Attach copy of the impugned order.
• Avoid re-agitating disputed facts unless error is apparent.
• Mention absence of other remedies.

 

📘 (1)(i) PETITION UNDER ARTICLES 226 AND 32 OF THE CONSTITUTION OF INDIA

 

🔹 Definition:

• Article 226: Empowers the High Courts to issue certain writs for enforcement of Fundamental Rights and for any other purpose.
• Article 32: Empowers the Supreme Court to issue writs for enforcement of Fundamental Rights.

These writ petitions are filed to seek judicial remedies when a person’s fundamental rights are violated or threatened.

🔹 Legal Provisions:

• Article 226 (Constitution of India):
  High Courts have power to issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
• Article 32 (Constitution of India):
  Supreme Court’s original jurisdiction to enforce Fundamental Rights by issuing writs.
• Relevant Writ Jurisprudence:
  • Maneka Gandhi v. Union of India, AIR 1978 SC 597
  • Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

🔹 Purpose:

• To secure enforcement of Fundamental Rights.
• To correct illegal or unconstitutional actions by public authorities.
• To provide speedy justice in matters of constitutional importance.

🔹 Types of Writs under Articles 32 & 226:

1. Habeas Corpus: To produce a person unlawfully detained.
2. Mandamus: To command a public official to perform a duty.
3. Prohibition: To prohibit a lower court or authority from exceeding jurisdiction.
4. Certiorari: To quash orders passed without jurisdiction or illegally.
5. Quo Warranto: To challenge authority of a person holding public office.

🔹 Essentials of Writ Petition:

1. Title and jurisdiction (Supreme Court or High Court).
2. Name and address of petitioner(s) and respondent(s).
3. Facts leading to filing the petition.
4. Violation of Fundamental Rights or jurisdictional errors.
5. Relief sought by writ type.
6. Verification and affidavit of truth.

🔹 Format of Writ Petition:

IN THE HIGH COURT OF [STATE NAME] AT [CITY]

 

Writ Petition (Civil) No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent],

[Designation if Public Authority],

R/o / Office at [Address] …………………….……..Respondent

 

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

 

The humble petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Petitioner is a citizen of India and a victim of violation of Fundamental Rights guaranteed under Article ___ of the Constitution of India.

 

2. That the Respondent has acted/omitted to act in a manner that is illegal and unconstitutional by [brief facts].

 

3. That the Petitioner has no alternative remedy except to approach this Hon’ble Court under Article 226.

 

4. That the Petitioner prays for issuance of writ of [Habeas Corpus/Mandamus/Prohibition/Certiorari/Quo Warranto] directing the Respondent to [specific relief].

 

**PRAYER**

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Issue a writ of [type of writ] in favour of the Petitioner;
2. b) Pass such further orders as this Hon’ble Court may deem fit and proper.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

Held: Basic structure of the Constitution cannot be altered; writ jurisdiction protects constitutional supremacy.

2. Maneka Gandhi v. Union of India, AIR 1978 SC 597

Held: Right to life and personal liberty includes right to travel; procedure must be fair, just, and reasonable.

3. Ramlila Maidan Incident Case, (2012) 5 SCC 1

Held: Writ jurisdiction can be used to protect rights in public interest.

🔹 Drafting Tips:

• State clearly the fundamental right violated.
• Attach all relevant documents and affidavits.
• Identify the correct respondent (public authority).
• Specify precise relief and writ sought.
• Maintain respectful and formal tone.

 

📘 (2)(a) CRIMINAL COMPLAINT

 

🔹 Definition:

A criminal complaint is a formal written allegation made by a person (complainant) before a Magistrate, stating that a cognizable or non-cognizable offence has been committed by a particular person or persons. It initiates criminal proceedings.

🔹 Legal Provisions:

• Section 2(d), Criminal Procedure Code (CrPC), 1973: Defines a complaint.
• Section 200 CrPC: Procedure for filing complaints.
• Section 190 CrPC: Cognizance of offences upon complaints.
• Section 202 CrPC: Postponement of complaint hearing.
• Section 204 CrPC: Issue of process after complaint.

🔹 Purpose:

• To bring an offence to the notice of the Magistrate.
• To initiate investigation or trial.
• To seek justice for a wrong done.

🔹 Essentials of a Criminal Complaint:

1. Particulars of the complainant and accused.
2. Description of the offence with date, time, and place.
3. Brief facts leading to the complaint.
4. Details of evidence, if any.
5. Signature of complainant and verification.

🔹 Who can file:

• Any person aware of the offence.
• Victim or any third party.

🔹 Format of Criminal Complaint:

IN THE COURT OF [MAGISTRATE NAME AND COURT]

 

Complaint Case No. ___ of 20__

 

[Name of Complainant],

S/o / D/o [Name],

R/o [Address] …………………….……..Complainant

 

VERSUS

 

[Name of Accused],

S/o / D/o [Name],

R/o [Address] …………………….……..Accused

 

CRIMINAL COMPLAINT

 

The complainant above-named respectfully submits:

 

1. That the complainant is a resident of [address] and is aggrieved by the acts of the accused herein.

 

2. That on [date] at about [time], the accused committed offence punishable under Section(s) _______ of the Indian Penal Code, 1860 by [brief description of offence].

 

3. That the facts leading to the complaint are as follows:

 

[Brief narration of facts]

 

4. That the accused is liable to be punished under the said provisions of law.

 

PRAYER

 

In view of the above, it is prayed that this Hon’ble Court may be pleased to:

 

1. a) Take cognizance of the offence;
2. b) Issue process against the accused;
3. c) Pass such other orders as deemed fit.

 

Place: ___________

Date: ___________

 

[Signature of Complainant / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this complaint are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604

Held: Complaint must disclose a prima facie case.

2. K. Ramachandra Reddy v. State of A.P., AIR 1967 SC 1363

Held: Magistrate can dismiss complaint if no case is made out.

3. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632

Held: Complaint should be free from mala fide motives.

🔹 Drafting Tips:

• Mention specific sections clearly.
• Stick to relevant facts.
• Avoid hearsay or irrelevant details.
• Attach supporting documents if any.

 

📘 (2)(b) CRIMINAL MISCELLANEOUS PETITION

 

🔹 Definition:

A Criminal Miscellaneous Petition (CMP) is a procedural application filed in a criminal court for interim relief or to seek orders relating to criminal proceedings, such as bail, anticipatory bail, quashing of FIR, etc. It can also be a petition under Sections 482 or 406 of CrPC or under relevant laws for special relief.

🔹 Legal Provisions:

• Section 482 CrPC: Inherent powers of High Court to prevent abuse of process.
• Section 406 CrPC: Power to quash FIR.
• Section 438 CrPC: Anticipatory bail.
• Section 439 CrPC: Bail to accused.
• Order 43 Rules, Criminal Procedure Rules: Related to miscellaneous petitions.
• Various Supreme Court and High Court decisions on the scope of CMP.

🔹 Purpose:

• To seek interim or final orders affecting criminal proceedings.
• To protect accused persons’ rights.
• To prevent misuse of criminal process.
• To seek directions or clarification from the court.

🔹 Essentials of Criminal Miscellaneous Petition:

1. Title of the court and petition number.
2. Name and details of petitioner and respondents.
3. Brief facts and circumstances.
4. Specific relief sought.
5. Grounds for grant of relief.
6. Verification and signature.

🔹 Format of Criminal Miscellaneous Petition:

 

IN THE COURT OF [HIGH COURT / SESSIONS COURT]

 

Criminal Miscellaneous Petition No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent(s)],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent(s)

 

CRIMINAL MISCELLANEOUS PETITION

 

The humble petition of the Petitioner above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Petitioner is the accused / aggrieved party in [brief details of the case].

 

2. That [brief facts leading to filing of this petition].

 

3. That the Petitioner submits that [grounds for relief sought].

 

4. That the Petitioner prays that this Hon’ble Court may be pleased to:

 

1. a) Grant the relief of [e.g., quashing FIR, anticipatory bail, bail, etc.];
2. b) Pass any other order deemed fit.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604

Held: High Court’s power under Section 482 CrPC to quash FIR to prevent abuse.

2. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632

Held: Anticipatory bail is a discretionary remedy.

3. Kalyanpur Dairy v. Union of India, AIR 1989 SC 1213

Held: Quashing of FIR should be sparingly used.

🔹 Drafting Tips:

• Clearly state the relief and grounds.
• Attach copy of FIR, order, or relevant documents.
• Be concise but detailed on facts.
• Cite relevant legal provisions.

 

📘 (2)(c) BAIL APPLICATION

 

🔹 Definition:

A Bail Application is a formal request made to a court by an accused person seeking release from custody pending trial or investigation. Bail is a legal right subject to certain conditions and judicial discretion.

🔹 Legal Provisions:

• Section 436 CrPC: Bail in bailable offences.
• Section 437 CrPC: Bail in non-bailable offences.
• Section 438 CrPC: Anticipatory bail.
• Section 439 CrPC: Bail by High Court or Sessions Court.
• Section 440 CrPC: Bail to accused convicted and under appeal.

🔹 Purpose:

• To ensure personal liberty until proven guilty.
• To allow accused to prepare defense.
• To prevent unnecessary detention.

🔹 Types of Bail:

1. Regular Bail: After arrest or surrender.
2. Anticipatory Bail: Before arrest to avoid arrest.
3. Interim Bail: Temporary bail pending final decision.

🔹 Essentials of Bail Application:

1. Case details and FIR number.
2. Name and details of accused.
3. Nature of offence and sections invoked.
4. Grounds for bail (e.g., no likelihood of fleeing, no tampering evidence).
5. Conditions proposed by accused for bail.
6. Verification and prayer.

🔹 Format of Bail Application:

 

IN THE COURT OF [COURT NAME]

 

Bail Application No. ___ of 20__

 

[Name of Applicant],

S/o / D/o [Name],

R/o [Address] …………………….……..Applicant / Accused

 

VERSUS

 

State of [Name],

Through [Name of Investigating Officer],

R/o [Address] …………………….……..Respondent

 

BAIL APPLICATION

 

The humble application of the Applicant above-named MOST RESPECTFULLY SHOWETH:

 

1. That the Applicant is accused in FIR No. ___ dated ___ registered at [Police Station].

 

2. That the Applicant is charged for offence punishable under Section(s) ______ of the Indian Penal Code, 1860.

 

3. That the Applicant undertakes to cooperate with the investigation and not to tamper with evidence or influence witnesses.

 

4. That the Applicant is willing to abide by any conditions imposed by this Hon’ble Court.

 

5. That the Applicant prays for grant of bail on the following grounds:

 

1. a) The offence is bailable / non-bailable but circumstances justify bail;
2. b) No likelihood of fleeing or tampering evidence;
3. c) The Applicant has deep roots in the community.

 

PRAYER

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Grant bail to the Applicant subject to conditions;
2. b) Pass such other order(s) as deemed fit.

 

Place: ___________

Date: ___________

 

[Signature of Applicant / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this application are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632

Held: Bail is the rule, jail is the exception.

2. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369

Held: Right to speedy trial and bail is part of personal liberty.

3. Sanjay Chandra v. CBI, (2012) 1 SCC 40

Held: Bail depends on facts and nature of offence.

🔹 Drafting Tips:

• Mention factual background clearly.
• Highlight no risk of flight or evidence tampering.
• Be polite and formal.
• Attach copy of FIR and remand order if available.

 

📘 (2)(d) MEMORANDUM OF APPEAL (CRIMINAL)

 

🔹 Definition:

A Memorandum of Appeal (Criminal) is a formal written document filed by an aggrieved party (appellant) to challenge an order or judgment passed by a trial court or lower appellate court in a criminal case.

🔹 Legal Provisions:

• Section 372 CrPC: Appeal against acquittal by the prosecution.
• Section 373 CrPC: Appeal against conviction by the accused.
• Section 374 CrPC: Appeal against conviction or sentence by the accused.
• Section 377 CrPC: Appeals to High Court in criminal matters.
• Section 378 CrPC: Appeals to Sessions Court.
• Section 380 CrPC: Procedure for hearing appeal.
• Section 386 CrPC: Powers of appellate court.

🔹 Purpose:

• To correct errors in trial court judgment.
• To seek reversal, modification, or enhancement of sentence.
• To ensure justice.

🔹 Essentials of Memorandum of Appeal (Criminal):

1. Title of court and appeal number.
2. Name and details of appellant and respondent.
3. Details of impugned order/judgment.
4. Grounds of appeal clearly and concisely stated.
5. Brief statement of facts.
6. Reliefs sought.
7. Verification and signature.

🔹 Format of Memorandum of Appeal (Criminal):

 

IN THE COURT OF [HIGH COURT / SESSIONS COURT]

 

Criminal Appeal No. ___ of 20__

 

[Name of Appellant],

S/o / D/o [Name],

R/o [Address] …………………….……..Appellant

 

VERSUS

 

State of [Name] / [Name of Respondent],

Through [Name of Public Prosecutor / Advocate],

R/o [Address] …………………….……..Respondent

 

MEMORANDUM OF APPEAL

 

The appellant above-named respectfully submits as under:

 

1. That the appellant was convicted / acquitted by the Trial Court in Case No. ___ dated ___.

 

2. That the appellant is aggrieved by the judgment and sentence passed on [date].

 

3. That the grounds of appeal are as follows:

 

1. a) That the Trial Court erred in law and facts in convicting / acquitting the appellant without proper evidence;
2. b) That the prosecution failed to prove the case beyond reasonable doubt;
3. c) That the sentence imposed is harsh and excessive;
4. d) Any other grounds relevant to the case.

 

4. That the brief facts of the case are:

[Short narration of facts]

 

PRAYER

 

In view of the above, it is prayed that this Hon’ble Court may be pleased to:

 

1. a) Allow the appeal and set aside the judgment and sentence of the Trial Court;
2. b) Acquit the appellant / reduce the sentence;
3. c) Pass any other order as deemed fit.

 

Place: ___________

Date: ___________

 

[Signature of Appellant / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this appeal are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. State of UP v. Ram Babu Misra, AIR 1955 SC 549

Held: Appeal is a statutory right but not absolute.

2. Dalip Singh v. State of Punjab, AIR 1962 SC 305

Held: Appellate court reappraises evidence independently.

3. K. Anbazhagan v. R. Panneerselvam, (2010) 9 SCC 554

Held: Grounds of appeal must be clear and specific.

🔹 Drafting Tips:

• Clearly mention the judgment/order challenged.
• Keep grounds concise and relevant.
• Attach copies of impugned order and trial court records.
• Use formal and respectful language.

 

📘 (2)(e) MEMORANDUM OF REVISION (CRIMINAL)

 

🔹 Definition:

A Memorandum of Revision (Criminal) is a petition filed before a higher criminal court (Sessions Court or High Court) seeking revision of an order or decision passed by a subordinate criminal court. It is not an appeal but a supervisory remedy to correct errors of jurisdiction or procedural irregularities.

🔹 Legal Provisions:

• Section 397 CrPC: Powers of Sessions Court to call for records and revise.
• Section 399 CrPC: Powers of High Court to call for records and revise.
• Section 401 CrPC: Revisional powers to quash proceedings.
• Section 482 CrPC: Inherent powers of High Court.
• Rules framed by respective courts for revision.

🔹 Purpose:

• To rectify jurisdictional errors.
• To ensure fair procedure.
• To prevent miscarriage of justice.
• To correct illegal or improper orders.

🔹 Essentials of Memorandum of Revision (Criminal):

1. Title of court and petition number.
2. Details of petitioner and respondent(s).
3. Details of impugned order.
4. Grounds for revision.
5. Brief facts of the case.
6. Reliefs prayed.
7. Verification and signature.

🔹 Format of Memorandum of Revision (Criminal):

 

IN THE COURT OF [SESSIONS COURT / HIGH COURT]

 

Criminal Revision No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent(s)],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent(s)

 

MEMORANDUM OF REVISION

 

The petitioner above-named respectfully submits:

 

1. That the petitioner is aggrieved by the order dated ___ passed by [Court Name] in Case No. ___.

 

2. That the said order is illegal, erroneous, and without jurisdiction for the following reasons:

 

1. a) [Ground 1]
2. b) [Ground 2]
3. c) [Ground 3]

 

3. That the brief facts of the case are as follows:

 

[Short narration of facts]

 

PRAYER

 

In view of the above, it is prayed that this Hon’ble Court may be pleased to:

 

1. a) Admit the petition;
2. b) Call for records and revise the impugned order;
3. c) Quash or modify the order as deemed fit;
4. d) Pass any other relief as the Court may deem fit.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

1. K.C. Vasanth Kumar v. State of Karnataka, AIR 1995 SC 2296

Held: Revision cannot be used as a substitute for appeal.

2. Narayan Lal v. State of Maharashtra, AIR 1968 SC 135

Held: Revision lies only when no appeal lies or in exceptional circumstances.

3. Union of India v. Prafulla Kumar Samal, AIR 1983 SC 1577

Held: Revisional powers are discretionary and to be exercised sparingly.

🔹 Drafting Tips:

• Specify jurisdictional or procedural errors clearly.
• Avoid re-arguing facts exhaustively.
• Attach copies of impugned order and relevant documents.
• Be precise and concise in grounds.

 

📘 Petition under Articles 226 and 32 of the Constitution of India

 

🔹 Definition:

• Article 226 empowers the High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
• Article 32 empowers the Supreme Court to issue writs for enforcement of fundamental rights.

A Writ Petition under these Articles is a legal remedy filed to seek enforcement or protection of fundamental rights or for other legal relief.

🔹 Legal Provisions:

• Article 32 of the Constitution: Supreme Court’s original jurisdiction.
• Article 226 of the Constitution: High Court’s power to issue writs.
• Types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

🔹 Purpose:

• To protect fundamental rights guaranteed by the Constitution.
• To provide speedy justice.
• To supervise lower courts and public authorities.

🔹 Types of Writs:

Writ	Meaning	Purpose
Habeas Corpus	“You shall have the body”	To release a person illegally detained
Mandamus	“We command”	To command public authority to perform duty
Prohibition	To prohibit lower courts/tribunals from excess jurisdiction	Prevent illegal proceedings
Certiorari	To transfer or quash orders of lower courts	Correct jurisdictional errors
Quo Warranto	“By what authority?”	Challenge unlawful occupation of public office

🔹 Essentials of Writ Petition under Article 226 / 32:

1. Title and jurisdiction of court.
2. Details of petitioner and respondent(s).
3. Facts of the case and violation of rights.
4. Grounds for issuing writ.
5. Specific writ sought.
6. Reliefs prayed.
7. Verification and affidavit if required.

🔹 Format of Writ Petition (Article 226 / 32):

 

IN THE HIGH COURT OF [STATE] / SUPREME COURT OF INDIA

 

Writ Petition (Civil) No. ___ of 20__

 

[Name of Petitioner],

S/o / D/o [Name],

R/o [Address] …………………….……..Petitioner

 

VERSUS

 

[Name of Respondent(s)],

S/o / D/o [Name],

R/o [Address] …………………….……..Respondent(s)

 

WRIT PETITION UNDER ARTICLE [226 / 32] OF THE CONSTITUTION OF INDIA

 

The petitioner above-named respectfully submits:

 

1. That the petitioner’s fundamental right under Article ___ of the Constitution of India has been violated by the respondent(s).

 

2. That the petitioner has no alternate remedy available.

 

3. That the petitioner prays that this Hon’ble Court may be pleased to issue a writ of [Habeas Corpus / Mandamus / Prohibition / Certiorari / Quo Warranto] directing the respondent(s) to:

 

1. a) [Specific relief sought]
2. b) Pass any other order as deemed fit.

 

FACTS OF THE CASE

 

[Brief narration of facts]

 

GROUNDS

 

1. a) That the petitioner’s rights under Article ___ have been infringed;
2. b) That the respondent(s) failed to perform statutory duties;
3. c) That the lower authorities exceeded jurisdiction, etc.

 

PRAYER

 

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

 

1. a) Issue writ of [type of writ] as prayed;
2. b) Pass such other order(s) as this Court deems fit.

 

Place: ___________

Date: ___________

 

[Signature of Petitioner / Advocate]

 

**Verification**

 

I, [Name], do hereby verify that the contents of this petition are true and correct to my knowledge and belief.

 

Verified at [Place] on this ___ day of [Month], 20__.

 

[Signature]

 

🔹 Important Case Laws:

 

1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

Held: Fundamental rights are protected under Articles 32 and 226.

2. Maneka Gandhi v. Union of India, AIR 1978 SC 597

Held: Procedure must be just, fair, and reasonable.

3. R.D. Shetty v. International Airport Authority, AIR 1979 SC 1628

Held: Mandamus can be issued to public authorities to perform statutory duties.

4. A.K. Roy v. Union of India, AIR 1982 SC 710

Held: Certiorari can quash illegal orders of tribunals.

🔹 Drafting Tips:

• Clearly identify the fundamental right violated.
• Attach all necessary documents.
• State the facts concisely.
• Mention the specific writ and reasons.
• Be formal and precise.

 

📘 Conveyancing: Essentials of Deed and Sale Deed

 

1️⃣ Essentials of a Valid Deed

A Deed is a legal instrument executed with the intention of creating, transferring, modifying, or extinguishing a right or obligation.

🔹 Legal Definition:

Under Section 2(2) of the Indian Registration Act, 1908, a deed is a legal document signed, sealed, and delivered, creating or affirming some right, title, or interest.

🔹 Essentials for a Valid Deed:

• Parties competent to contract: Must be legally capable (Section 11, Indian Contract Act, 1872).
• Free consent: No coercion, fraud, undue influence.
• Lawful object: Purpose should not be illegal or immoral.
• Consideration: Valuable consideration for contracts, but some deeds (like gift deeds) can be gratuitous.
• Writing: Must be in writing.
• Stamping: Properly stamped as per the Stamp Act.
• Execution: Signed by parties.
• Delivery: Must be delivered to the other party.
• Registration: If required under the Registration Act (especially for immovable property).

🔹 Types of Deeds:

• Sale Deed
• Mortgage Deed
• Lease Deed
• Gift Deed
• Power of Attorney
• Will
• Agreement

2️⃣ Sale Deed

 

🔹 Definition:

A Sale Deed is a legal document by which the ownership of immovable property is transferred from the seller to the buyer for a consideration.

🔹 Legal Provisions:

• Governed primarily by the Transfer of Property Act, 1882 (Section 54 deals with sale of immovable property).
• Also governed by the Indian Contract Act, 1872 for contractual elements.
• Registration Act, 1908 mandates registration for sale of immovable property.

🔹 Essentials of Sale Deed:

• Parties: Seller and buyer competent to contract.
• Property: Clear description of the immovable property.
• Consideration: Sale price agreed upon.
• Transfer of ownership: Transfer of possession and title.
• Free consent: No coercion, fraud.
• Writing: Must be in writing and signed.
• Stamp Duty: Paid as per applicable laws.
• Registration: Mandatory for immovable property sale.

🔹 Format of Sale Deed:

SALE DEED

 

This Sale Deed is made on this ___ day of [Month], 20__ at [Place] between:

 

[Name of Seller], S/o [Father’s Name], residing at [Address] (hereinafter called “Seller”).

 

AND

 

[Name of Buyer], S/o [Father’s Name], residing at [Address] (hereinafter called “Buyer”).

 

WHEREAS the Seller is the absolute owner of the property described below and has agreed to sell the same to the Buyer for a total consideration of Rs. _______ (Rupees __________ only).

 

DESCRIPTION OF PROPERTY

 

[Full details of property: location, boundaries, survey number, etc.]

 

NOW THIS DEED WITNESSETH AS UNDER:

 

1. That the Seller has this day sold, conveyed, transferred, and delivered possession of the above property to the Buyer.

 

2. That the Buyer has paid the said consideration amount to the Seller, the receipt of which is hereby acknowledged.

 

3. That the Seller hereby guarantees peaceful and legal possession to the Buyer and assures no encumbrances.

 

4. That the Seller shall execute all documents and do all acts necessary for the perfect transfer of the said property.

 

IN WITNESS WHEREOF, the parties have signed this Deed on the date and place mentioned above.

 

Signed by:

 

Seller: _____________________

Buyer: _____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

 

1. K.N. Beena v. K. Paul Antony, AIR 1997 SC 2777

Held: Sale deed transfers ownership; registration is mandatory.

2. Radhey Shyam v. State of UP, AIR 1966 SC 740

Held: Sale of immovable property must be in writing.

3. Lekh Raj v. State of Rajasthan, AIR 1959 SC 562

Held: Consideration and consent are essential for sale.

🔹 Drafting Tips:

• Ensure all property details are accurate.
• Mention consideration and mode of payment clearly.
• Include warranties and representations.
• Check stamp duty and registration compliance.

 

📘 Mortgage Deed

 

🔹 Definition:

A Mortgage Deed is a legal document by which a borrower (mortgagor) transfers an interest in his immovable property to a lender (mortgagee) as security for repayment of a loan or debt.

🔹 Legal Provisions:

• Governed primarily by The Transfer of Property Act, 1882, Sections 58 to 104.
• Various types of mortgages are defined under Sections 58–72.
• Registration of mortgage deeds is mandatory as per the Registration Act, 1908 (Section 17).

🔹 Types of Mortgages (Section 58, T.P. Act):

1. Simple Mortgage:
   Transfer of interest in property as security, without possession going to mortgagee.
2. Mortgage by Conditional Sale:
   Transfer of property on condition that it becomes absolute on default.
3. Usufructuary Mortgage:
   Mortgagee takes possession and enjoys profits till debt is repaid.
4. English Mortgage:
   Mortgagee gets possession and title; mortgagor repays loan and gets property back.
5. Mortgage by Deposit of Title Deeds (Equitable Mortgage):
   Deposit of title deeds as security without formal transfer.

🔹 Essentials of a Valid Mortgage Deed:

• Parties competent: Both mortgagor and mortgagee must be competent.
• Valid debt or consideration: There must be an existing debt or obligation.
• Transfer of interest: Property or interest must be transferred to secure debt.
• Clear description of property.
• Terms of repayment: Amount, interest rate, period.
• Execution: Signed by parties.
• Stamping and registration: As per law.

🔹 Format of Mortgage Deed:

 

MORTGAGE DEED

 

This Mortgage Deed is executed on this ___ day of [Month], 20__ at [Place] between:

 

[Name of Mortgagor], S/o [Father’s Name], residing at [Address] (hereinafter called “Mortgagor”),

 

AND

 

[Name of Mortgagee], S/o [Father’s Name], residing at [Address] (hereinafter called “Mortgagee”).

 

WHEREAS the Mortgagor is the absolute owner of the immovable property described below.

 

AND WHEREAS the Mortgagor has borrowed from the Mortgagee a sum of Rs. _______ (Rupees __________ only) as loan, which is repayable on or before [Date].

 

NOW THIS DEED WITNESSETH AS UNDER:

 

1. The Mortgagor hereby mortgages the property described below as security for repayment of the loan.

 

2. The Mortgagee shall have the right to take possession of the property in case of default in repayment.

 

3. The Mortgagor agrees to repay the loan amount with interest at ___% per annum on or before the due date.

 

4. The Mortgagee shall have the right to sell or dispose of the property in case of default as per law.

 

DESCRIPTION OF PROPERTY

 

[Complete details of property: location, boundaries, survey number, etc.]

 

IN WITNESS WHEREOF, the parties have executed this Mortgage Deed on the date and place mentioned above.

 

Signed by:

 

Mortgagor: _____________________

Mortgagee: _____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

 

1. Kameshwar Prasad v. Union of India, AIR 1962 SC 1166

Held: Mortgage deed must be properly stamped and registered.

2. Lachman Singh v. Sukh Raj Singh, AIR 1955 SC 527

Held: Rights of mortgagee arise only after execution of a valid mortgage deed.

3. B.N. Verma v. R.K. Sharma, AIR 1990 SC 933

Held: Equitable mortgage is valid without formal transfer but with possession of title deeds.

🔹 Drafting Tips:

• Mention nature and type of mortgage clearly.
• Detail loan amount, interest, and repayment terms.
• Include rights and duties of both parties.
• Attach all property documents as annexures.
• Ensure proper stamping and registration.

 

📘 Lease Deed

 

🔹 Definition:

A Lease Deed is a legal document by which the owner of immovable property (lessor) transfers the possession or use of the property to another person (lessee) for a specified period in exchange for rent.

🔹 Legal Provisions:

• Governed by the Transfer of Property Act, 1882, Sections 105 to 117.
• Lease is a transfer of a right to enjoy property for a fixed time or period.
• Rent is usually paid in consideration of the lease.

🔹 Essentials of a Valid Lease Deed:

• Parties: Competent lessor and lessee.
• Property: Clear description of the property leased.
• Term: Duration of lease fixed or determinable.
• Rent: Consideration agreed upon.
• Possession: Transfer of possession to the lessee.
• Writing: Must be in writing if lease is for more than 1 year (Section 54 of the Transfer of Property Act).
• Stamping and registration: As per the Stamp Act and Registration Act (registration mandatory if lease period exceeds 12 months or 1 year).

🔹 Types of Lease:

• Express lease: By written or oral agreement.
• Implied lease: By conduct.
• Lease for fixed term: Specific period.
• Periodic lease: Month to month or year to year.
• Lease at will: No fixed term, can be terminated anytime.

🔹 Format of Lease Deed:

 

LEASE DEED

 

This Lease Deed is made on this ___ day of [Month], 20__ at [Place] between:

 

[Name of Lessor], S/o [Father’s Name], residing at [Address] (hereinafter called “Lessor”),

 

AND

 

[Name of Lessee], S/o [Father’s Name], residing at [Address] (hereinafter called “Lessee”).

 

WHEREAS the Lessor is the absolute owner of the immovable property described below.

 

AND WHEREAS the Lessor agrees to lease the said property to the Lessee for a term of ___ years/months commencing from [Date] to [Date] at a monthly/yearly rent of Rs. _______ (Rupees __________ only).

 

NOW THIS DEED WITNESSETH AS UNDER:

 

1. The Lessor hereby leases the property described below to the Lessee, who accepts the same.

 

2. The Lessee agrees to pay rent of Rs. ______ per month/year on or before the ____ day of every month/year.

 

3. The Lessee shall maintain the property and use it only for [purpose].

 

4. The Lessee shall not sub-let or assign the property without prior written permission.

 

5. The lease shall be valid for the term mentioned and can be renewed by mutual consent.

 

DESCRIPTION OF PROPERTY

 

[Full description of the property]

 

IN WITNESS WHEREOF, the parties have executed this Lease Deed on the date and place mentioned above.

 

Signed by:

 

Lessor: _____________________

Lessee: _____________________

 

Witnesses:

 

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

 

1. B.C. Chaturvedi v. Union of India, AIR 1995 SC 2348

Held: Lease contract must be clear about terms and rent.

2. Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas, AIR 1966 SC 543

Held: Rent is essential consideration for lease.

3. Rajasthan State Electricity Board v. Mohanlal, AIR 1967 SC 1857

Held: Possession must be transferred for a valid lease.

🔹 Drafting Tips:

• Mention exact term and renewal clauses.
• Specify rent amount and mode of payment.
• Include rights and obligations clearly.
• Define permitted use of property.
• Mention consequences of breach or early termination.

 

📘 Gift Deed

 

🔹 Definition:

A Gift Deed is a legal document by which a person (donor) voluntarily transfers ownership of movable or immovable property to another person (donee) without any consideration.

🔹 Legal Provisions:

• Governed by Section 122 of the Transfer of Property Act, 1882.
• A valid gift requires transfer of ownership and acceptance by the donee.
• Registration is mandatory if the gift involves immovable property (Section 17, Registration Act, 1908).

🔹 Essentials of a Valid Gift Deed:

• Donor and donee: Both must be competent.
• Transfer: Voluntary transfer of ownership.
• Acceptance: Must be accepted by the donee during the lifetime of the donor.
• Property: Movable or immovable property.
• Writing: Must be in writing for immovable property.
• Registration: Mandatory for immovable property.
• Free consent: No coercion, fraud, or undue influence.
• Delivery: Physical or symbolic delivery of the gift.

🔹 Format of Gift Deed:

GIFT DEED

 

This Gift Deed is made on this ___ day of [Month], 20__ at [Place] between:

 

[Name of Donor], S/o [Father’s Name], residing at [Address] (hereinafter called “Donor”),

 

AND

 

[Name of Donee], S/o [Father’s Name], residing at [Address] (hereinafter called “Donee”).

 

WHEREAS the Donor is the absolute owner of the property described below.

 

AND WHEREAS the Donor has voluntarily and without consideration decided to gift the said property to the Donee.

 

NOW THIS DEED WITNESSETH AS UNDER:

 

1. The Donor hereby gifts, conveys, and transfers the property described below to the Donee.

 

2. The Donee accepts the gift and agrees to take possession.

 

DESCRIPTION OF PROPERTY

 

[Full details of the property]

 

IN WITNESS WHEREOF, the parties have executed this Gift Deed on the date and place mentioned above.

 

Signed by:

 

Donor: _____________________

Donee: _____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

1. K. Gopal v. K. Chinna Gounder, AIR 1963 SC 944

Held: Delivery and acceptance are essential for valid gift.

2. K.S. Paripoornan v. K.C. Alexander, AIR 1969 SC 1351

Held: Gift must be voluntary and without consideration.

3. Mahant Balaknath v. Rai Bahadur, AIR 1927 PC 29

Held: Gift cannot be revoked once acceptance takes place.

🔹 Drafting Tips:

• Clearly state the donor’s intention and donee’s acceptance.
• Describe the property in detail.
• Ensure proper stamping and registration.
• Mention any conditions (if any).
• Attach proof of ownership.

 

📘 Promissory Note

 

🔹 Definition:

A Promissory Note is a written, unconditional promise made by one person (the maker) to another (the payee) to pay a certain sum of money either on demand or at a fixed future time.

🔹 Legal Provisions:

• Governed by the Negotiable Instruments Act, 1881, Sections 4 to 18.
• Defined in Section 4: “A promissory note is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.”

🔹 Essentials of a Valid Promissory Note:

• Written and signed: Must be in writing and signed by the maker.
• Unconditional promise: To pay a certain sum of money.
• Certain amount: The amount payable must be certain.
• Payee: Payable to a certain person or bearer.
• Date: Date of execution.
• Time of payment: On demand or at a fixed/future date.
• Not a bank-note or currency-note.

🔹 Format of Promissory Note:

 

PROMISSORY NOTE

 

Date: ____________

 

For value received, I, [Name of Maker], S/o [Father’s Name], residing at [Address], hereby promise to pay to [Name of Payee], S/o [Father’s Name], residing at [Address], the sum of Rs. _______ (Rupees __________ only) on demand / on [due date].

 

Place of payment: [Place]

 

Signature of Maker: ____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

 

1. Union of India v. West Coast Paper Mills Ltd., AIR 1979 SC 1860

Held: Promissory note must contain unconditional promise.

2. K.K Verma v. Union of India, AIR 1965 SC 1610

Held: Promissory note is a negotiable instrument and must comply with statutory requirements.

3. Gujarat State Financial Corporation v. Lotus Hotels Pvt. Ltd., AIR 2003 SC 2466

Held: Promissory note must be clear on amount and payee details.

🔹 Drafting Tips:

• Ensure the promise is unconditional.
• Mention exact amount and payment terms.
• Specify place and date clearly.
• Sign with full name and address.
• Witness signatures to avoid disputes.

 

📘 Power of Attorney

 

🔹 Definition:

A Power of Attorney (POA) is a legal document by which one person (the principal) authorizes another (the agent or attorney-in-fact) to act on their behalf in legal or financial matters.

🔹 Legal Provisions:

• Governed by the Indian Contract Act, 1872, Sections 182 to 187.
• Also, the Powers of Attorney Act, 1882 provides rules regarding registration and revocation.
• The authority granted can be general (broad powers) or special (specific acts).

🔹 Essentials of a Valid Power of Attorney:

• Principal must be competent to contract.
• Clear intention to create agency relationship.
• Specified powers: What authority is granted must be clearly mentioned.
• Writing: Usually executed in writing.
• Execution: Signed by the principal.
• Acceptance: By the agent.
• Stamping and registration: Required if dealing with immovable property (Registration Act, 1908).

🔹 Types of Power of Attorney:

• General Power of Attorney: Broad authority for various acts.
• Special Power of Attorney: Limited to specific acts or transactions.
• Durable Power of Attorney: Remains valid even if principal becomes incapacitated (not widely recognized in Indian law).
• Springing Power of Attorney: Comes into effect on a future event.

🔹 Format of Power of Attorney:

POWER OF ATTORNEY

 

This Power of Attorney is executed on this ___ day of [Month], 20__ at [Place] by:

 

[Name of Principal], S/o [Father’s Name], residing at [Address] (hereinafter called “Principal”),

 

In favor of

 

[Name of Attorney-in-fact], S/o [Father’s Name], residing at [Address] (hereinafter called “Attorney”).

 

WHEREAS the Principal is desirous of appointing the Attorney to act on his/her behalf.

 

NOW THIS DEED WITNESSETH AS UNDER:

 

1. The Principal hereby appoints the Attorney to do all or any of the following acts on behalf of the Principal:

 

1. a) To manage, negotiate, buy, sell, transfer, or mortgage the immovable property situated at [Address/Description].

 

1. b) To operate bank accounts, sign documents, and conduct financial transactions.

 

1. c) To represent the Principal before any authority, court, or institution.

 

2. The Attorney shall have full power and authority to act on behalf of the Principal in the matters specified above.

 

3. This Power of Attorney shall remain in force until revoked in writing by the Principal.

 

IN WITNESS WHEREOF, the parties have executed this Power of Attorney on the date and place mentioned above.

 

Signed by:

 

Principal: _____________________

Attorney-in-fact: _____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

1. Anil Rai v. Sushila Devi, AIR 2007 SC 1543

Held: POA must be clear and unambiguous regarding powers granted.

2. Bhim Singh v. Union of India, AIR 1981 SC 234

Held: POA can be revoked anytime by the principal.

3. Surya Dev Rai v. Union of India, AIR 1954 SC 549

Held: Authority of attorney terminates on death or insanity of the principal.

🔹 Drafting Tips:

• Clearly specify the powers granted.
• Mention duration or revocation clause.
• Sign and witness properly.
• Register if property transactions involved.
• Attach identification documents if necessary.

 

📘 Will

🔹 Definition:

A Will is a legal declaration by which a person (testator) expresses their intentions as to how their property and assets should be distributed after their death.

🔹 Legal Provisions:

• Governed by the Indian Succession Act, 1925 (applicable to all except Muslims, Parsis, and certain other communities).
• Sections 57 to 74 deal with wills.
• The testator must be competent, i.e., above 18 years of age and of sound mind (Section 59).
• A Will can be revoked or altered anytime before the death of the testator.

🔹 Essentials of a Valid Will:

• Testator’s capacity: Must be of sound mind and major.
• Written document: Can be handwritten, typed, or printed.
• Voluntary intention: Must be made voluntarily without coercion.
• Signature: Signed by the testator or some person at their direction in their presence.
• Witnesses: Attested by at least two witnesses (Section 63).
• Property: Must specify the property/assets to be disposed of.
• Revocation: Testator can revoke or alter the Will anytime before death.

🔹 Format of a Will:

 

LAST WILL AND TESTAMENT

 

I, [Full Name], son/daughter of [Father’s Name], residing at [Address], being of sound mind and disposing memory, do hereby declare this to be my last Will and Testament.

 

1. I hereby revoke all my earlier wills and codicils.

 

2. I appoint [Name] as the executor of this Will.

 

3. I bequeath the following property:

 

1. a) [Description of Property 1] to [Name of Beneficiary 1].

 

1. b) [Description of Property 2] to [Name of Beneficiary 2].

 

4. In the event that any beneficiary predeceases me, their share shall be distributed among [alternative beneficiaries].

 

5. I direct that all my debts, funeral expenses, and testamentary expenses be paid out of my estate.

 

6. This Will is made voluntarily without any undue influence or coercion.

 

IN WITNESS WHEREOF, I have signed this Will on this ___ day of [Month], 20__ in the presence of the undersigned witnesses who have attested and signed this Will in my presence.

 

Signed by the Testator: ____________________

 

Witnesses:

 

1. Name & Signature, Address
2. Name & Signature, Address

🔹 Important Case Laws:

1. K.K. Verma v. Union of India, AIR 1965 SC 1610

Held: A Will must be executed with free consent and sound mind.

2. Lata Singh v. State of U.P., AIR 2006 SC 2522

Held: Testamentary capacity is crucial for validity of Will.

3. Ram Mohan Rai v. Rameshwari Devi, AIR 1963 SC 1773

Held: A Will cannot be revoked after the death of testator.

🔹 Drafting Tips:

• Use clear and unambiguous language.
• Mention exact details of beneficiaries and property.
• Include alternate beneficiaries to avoid intestacy.
• Sign in presence of two witnesses.
• Keep the Will in a safe place; inform trusted persons.
• Update the Will as circumstances change.

 

📘 Agreements

🔹 Definition:

An Agreement is a mutual understanding or arrangement between two or more parties about their respective rights and duties, which is intended to be legally enforceable.

🔹 Legal Provisions:

• Governed primarily by the Indian Contract Act, 1872.
• Defined under Section 2(e) of the Contract Act: “An agreement enforceable by law is a contract.”
• Essential elements of a valid contract include offer and acceptance, lawful consideration, capacity to contract, free consent, lawful object, and not expressly declared void.

🔹 Essentials of a Valid Agreement:

• Offer and Acceptance: Clear proposal and unqualified acceptance.
• Lawful Consideration: Something of value exchanged.
• Intention to Create Legal Relations: Parties intend to be legally bound.
• Capacity of Parties: Must be competent to contract.
• Free Consent: No coercion, undue influence, fraud, misrepresentation.
• Lawful Object: The object of the agreement must be legal.
• Certainty and Possibility: Terms must be clear and capable of performance.

🔹 Types of Agreements:

• Express and Implied Agreements
• Oral and Written Agreements
• Void and Voidable Agreements
• Bilateral and Unilateral Agreements

🔹 Format of Agreement:

 

AGREEMENT

 

This Agreement is made on this ___ day of [Month], 20__ at [Place] between:

 

[Name of Party 1], S/o [Father’s Name], residing at [Address] (hereinafter referred to as “Party 1”),

 

AND

 

[Name of Party 2], S/o [Father’s Name], residing at [Address] (hereinafter referred to as “Party 2”).

 

WHEREAS Party 1 and Party 2 have agreed to enter into this Agreement on the following terms and conditions:

 

1. Purpose: [Describe the object of the agreement]

 

2. Obligations of Party 1:

[Specify duties and responsibilities]

 

3. Obligations of Party 2:

[Specify duties and responsibilities]

 

4. Consideration: Party 2 agrees to pay Party 1 Rs. ______ (Rupees ______ only) as consideration.

 

5. Term: This Agreement shall be valid from [Start Date] to [End Date].

 

6. Termination: This Agreement may be terminated by either party upon [notice period] notice in writing.

 

7. Dispute Resolution: Any disputes arising shall be resolved amicably or through arbitration/court.

 

8. Governing Law: This Agreement shall be governed by the laws of India.

 

IN WITNESS WHEREOF, the parties have executed this Agreement on the date and place first mentioned.

 

Signed by:

 

Party 1: _____________________

Party 2: _____________________

 

Witnesses:

 

1. Name & Signature
2. Name & Signature

 

🔹 Important Case Laws:

1. Carlill v. Carbolic Smoke Ball Co. (1893) 1 QB 256 (UK)

Held: Offer, acceptance, and consideration make a valid contract.

2. Lalman Shukla v. Gauri Dutt, AIR 1913 PC 1

Held: Acceptance must be communicated to the offeror.

3. Hadley v. Baxendale (1854) 9 Exch 341 (UK)

Held: Damages must be foreseeable and arising naturally from breach.

🔹 Drafting Tips:

• Clearly state the purpose and terms.
• Define roles and responsibilities.
• Specify payment terms and schedule.
• Include clauses on dispute resolution and termination.
• Use simple, clear language to avoid ambiguity.
• Ensure signatures and witness attestations.

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