DEEDS AND

DOCUMENTS
1 INTRODUCTION
SYNOPSIS
1. General.
2. Essential elements of drafting.
(i) Consistency
(ii) Coherent arrangement
(iii) Normal language
(iv) Punctuality
(i) Clarity
(ii) Design
(iii) Precision
(iv) Communicability
(v) Acquainted with relevant law
(1) Descriptions or caption of the deed
(2) Date
(3) Description of parties
(4) Recitals
(5) Testatum
(6) Consideration
(7) Receipt
(8) Operative words
(9) Parcels
(10) Exclusions and reservations
(11) Arrangement
(12) Testimonium
(13) Errors and omission
3. Interpretation of deed
4. Documents of which registration is compulsory
5. Documents of which registration is optional.
6. Gift-deed whether requires registration
7. Cease-deedRegistration of1
8. Registered-deedRenewalAdmissibility
9. Debt and security

10. Deed of exchange

11. Deed of reconveyance
12. Will-deed
13. Adoption-deed
14. Composition-deed
15. Deed of Pasupukumkuma
16. Lease-deed should be registered
17. Document, which may serve as evidence of the gift, falls within the sweep of Section 17 of the
Registration Act
18. Two deeds of wajibularz
19. Serious disqualification for non-observance of registration
20. Agreement for repayment
21. Deed of relinquishment
22. Documents which are compulsory registrable
23. Partition-deed
24. Adoption-deedWhen requires registration
25. Execution of the sale-deeds in respect of a property
26. When a sale be effective
27. Registered-deed will operate from the sale of execution
28. Successive sale-deed executed property
29. Registered document takes effect from the date of its execution
30. When a registered document may operate retrospectively
31. Completion of registration process and its effect
32. Registration and doctrine of lis pendens
33. Pre-emption application may effect the second transaction
34. Pre-emptionRight of
35. Validity of deed
36. Proof of mortgage-deed
37. Execution of sale-deed
38. Release-deed

1. General.The expression conveyancing is of an English origin which means lend

transfer intervioes drafting of commercialisation and other document is also included in that
expression. Conveyancing is an art based on law on legal principles evolved over years. The
foundation of this art is traceable to the legal principle because the accomplishment of the
objectives

of

conveyancing

cannot

be

possible

without

thorough

knowledge

and

understanding of legal provisions obtaining on the subject-matter. The conveyancing may be

described as a legal drafting of deeds and documents because products of this drafting leave an
indelible legal effect on the parties. Private legislation may differ from the public legislation
created by the combined will of the people expressed through their elected representatives.
Nevertheless, the private legislation also confers rights imposes obligation on the parties
concerned and such rights and obligations are forceable in courts of law. The term conveyance
has been defined under Section 2(10) of the Indian Stamp Act, 1899 to include a conveyance on

sale and every instrument by which property whether movable or immoveable is transferred by
one party to another and which is specifically provided by Scheduled I. Generally, the
expression conveyancing is used in the sense of an instrument whereby the vendor agrees to
make the conveyance, the vendee is under no duty to tender to the vendor a draft conveyance.
An actual transfer of property is an essential feature of a conveyance. Therefore, an agreement
to transfer property in future cannot be treated as conveyance.
To constitute a conveyance, it has to be shown that a right was created by the document in
question. Conveyancing is restricted to documents or deeds concerned with the transfer of
property whereas drafting carries a general meaning of preparation of documents.
2. Essential elements of drafting.Conveyancing is an art of drafting deeds and other
legal documents. Therefore, a draftsman must properly understand essential elements of
drafting. The draftsman is called upon to express substantive ideas gathered from his clients
and to put it in legal form. A draftsman must keep in mind the following essential elements of
drafting :
(i) Consistency.There should be a complete internal consistency in expression of the
thought and terminology is the sine quo non of good drafting. Normally, clients give their ideas
to the draftsman in scattered way and the draftsman is required to put it in proper shape using
accurate and suitable words. Different words to express same idea must be avoided because
they may create confusion and misunderstanding. Different ideas have to be expressed
differently while same idea must be expressed in a consistent way. The consistency of
expression is the golden rule of drafting. It must never be left to the courts to reconcile the
inconsistency because the courts may interpret the clauses in a manner contrary to the
intention of the parties.
(ii) Coherent arrangement.The next essential ingredient of a drafting is a coherent
arrangement of ideas translated into words meaning thereby the logical arrangement of ideas
systematically.
(iii) Normal language.A draftsman must remember that the words and phrases used in
the drafts must denote their normal sense. All the words of doubtful meaning should be
avoided and phrases carrying a definite and well established meaning should be used. The
selection of words should be done carefully and the words having more than one meaning
should be avoided.
(iv) Punctuality.A draftsman is free to add his own punctuation but it would be wise
always to bear in mind that he is not the author of the form, the meaning of which can be
easily varied according to the punctuation used therein. There are some well recognised
principles of drafting which a draftsman must remember. Such principle may be enumerated
as under :
(i) Clarity.There must be clarity of thought and expression. The language of the draft
must clearly reflect the real intention of the parties. The draft should be clear and
unambiguous and must be such as to be understood even by illiterate parties not well versed in
legal sophistry.
(ii) Design.The design of a draft must be in conformity with the requirements of law
exhibiting the intention of the parties, therefore, the draftsman should first hear the parties

and, thereafter, must evolve a clear design of the theme and then proceed to complete the draft
using suitable words in logical form leaving behind irrelevant and unnecessary matters.
(iii) Precision.The draft should be completed precisely to the point. It should be
intelligible even to a layman. Words, likely to be misunderstood have to be avoided. Every
potential grammatical ambiguity should be avoided and while preparing a draft, the rules and
interpretation of documents and relevant case-law on the meaning of words and phrases
should be kept in mind.
(iv) Communicability.A draft is a means of communication of intention of the parties
and, therefore, a document or instrument must be capable of communicating the real intention
of the parties.
(v) Acquainted with relevant law.Documents create and confer certain rights and
obligations on the parties and, therefore, a draftsman is required to be acquainted with
relevant law and there should be complete understanding of the intentions of the parties which
he is going to express through his draft of a particular document. A draftsman must have the
capacity to conceive the whole design of the draft and for that purpose he must have capacity
to understand the fact.
Components of a draft are as under :
(1) Description.
(2) Date.
(3) Description of parties.
(4) Recitals.
(5) Testatum.
(6) Consideration.
(7) Receipt.
(8) Operative words.
(9) Parcels.
(10) Exclusions and Reservations.
(11) Arrangement.
(12) Testimonium
(13) Errors & Omission.
(1) Description.Description is the caption of the deed which should be finalised after
ascertaining the intention of the parties. The description is indicative of the intention of the
parties.
(2) Date.After description the draftsman should give the date of execution of the deed.
(3) Description of Parties.Parties to the deed should be described with sufficient accuracy
with full particulars where consent or concurrence of any third part is required that party
should be added as party to the deed. The transfer should be placed first in the deed
whereafter the transferee should be described. A parentage, occupation and full address of the
parties should be given for their correct identification. The companies must be referred to the
Act under which they are incorporated or association of persons or partnership firms should be
qualified as under which Act they are incorporated or registered. While making an idol a party,

name of the person through whom the party is represented should be described with full
particulars. The words denoting competence of parties to enter into contract should also be
used. Where an Attorney is appointed under the power of Attorney Act which may be party in
his own name and where partnership firm is a party, the partners of the firm must join the
transaction of acquiring or transferring immovable property. Contracts made in exercise of the
exclusive powers of the Union or State should be expressed to have been made by the President
or by the Governor of the Union or the State as the case may be.
(4) Recitals.Recitals are placed just after the parties and their particulars. Recitals
normally narrate history of the property, title or nature of interest and relations of the parties
to the deed. Recitals control operative part of the deed and operate as estoppel and may be
good evidence of the facts either as admissions or as substantive evidence though not
admissible against persons not parties to the document.
(5) Testatum.After the recitals the operative part of the deed commences normally using
the following words Now this deed, therefore, witnesses as under etc.
(6) Consideration.Statement of consideration is necessary particularly where stamp duty
is payable. Section 27 of Indian Stamp Act, 1899 requires the consideration to be fully and
truly disclosed in the deed.
(7) Receipt.The receipt of consideration should be acknowledged in the deed itself.
(8) Operative words.The nature of the property and the transaction should be described
thereafter.
(9) Parcels.The parcels means descriptions of the property transferred. Full descriptions
of the property transferred should be given for appropriate identification thereof. Where
description is left, it may be given in a schedule annexed to the deed.
(10) Exclusions and Reservations.Where property in question is subject to any
expansions, it should be incorporated after the parcels and likewise the reservation of certain
rights should also be clearly stated.
(11) Arrangement.Arrangement is of course important but if the right words are used they
generally have a happy knack of arranging themselves.
(12) Testimonium.Testimonium is the concluding part of the deed which is generally in the
following form, in witnesses of the parties hereto have put their hands on the date and year
aforementioned etc.
(13) Errors and Omission.If certain errors or omissions are found after writing this deed
on stamp paper, the correction should be made in the form of memorandum and for that
purpose, a new covenant may be added as post script after the testimonium.
Where documents are required to be registered compulsorily, they must be got registered
according to law. Section 17 of Registration Act innumerates the documents which are required
to be compulsorily registered.
3. Interpretation of deed.Rule 1.It should be made on following principles :
(i) Oral evidence cannot be received to contradict, vary, add or to subtract from the terms of a
deed.The rule is perfectly clear where there is deed in writing.
(ii) It is not necessary to cite any case to prove the proposition that parole evidence of a
parole communication between the parties ought not to be received to add a term not inserted
in the specific agreement which they have executed and for this plain reason what passed

between them in that communication might have been altered and shifted in a variety of ways
but what they have signed and sealed was finally settled. It would destroy all trust, it would
destroy all security and lay it open unless the parties are completely bound by what they have
signed and sealed. Oral evidence of intention is not admissible in interpreting the covenants of
the deed but evidence to explain or even to contradict the recital as distinct from the terms of
documents may of course be given. If there is no ambiguity in the language the intention may
be ascertained from the contents of the deed with such extrinsic evidence as may be permitted
in law to be adduced to show in what manner the language of the deed related to existing facts.
Rule 2. Extrinsic may be given which would invalidate a document or which would entitle to
any person to a decree or order relating thereto, such as fraud, intimidation, want or failure of
consideration or mistake in fact or law.This rule contemplates to prove that the deed ought not
to be interpreted at all. Deed without consideration is wide unless it is meant on account of
natural love and affectionin writing and registered or a promise to pay a debt barred by law of
limitation. Parole evidence may sometimes be admitted on equitable grounds to contradict or
vary which by some mistake in fact speaks a different language from what the parties intended
and it would consequently be unjust to enforce it according to its expressed terms.
Rule 3.The existence of any separate oral evidence inconsistent with the terms of the deed
may be proved where deed is silent on that matter.No evidence is admissible where oral
agreement sought to be proved is inconsistent with the terms of the written instrument. When
a preliminary contract is afterwards reduced into a deed and there is a difference between
them, mere written contract is entirely governed by the deed. Once the parties reduce the
terms of their contract into writing the Court can look at the writing alone in order to
constitute what the terms of the contract were. The terms of the contract cannot be
ascertained by allowing parole evidence as to what transpired antecedent to the contract or
what the party did subsequent to the contract. Evidence cannot be admitted to vary the
amount of consideration but where on the face of the document the consideration mentioned in
it, it appears to be nominal evidence could be given apart from the recital of the document to
show that the consideration was beyond the amounts mentioned in the document. The general
rule is that the maker is at liberty to contradict the value as between himself and the party to
whom he gave the note but he is not at liberty to contradict to express contract to pay at
specified time. It is, therefore, not open to the maker to say that his promise to pay was
contingent on the happening of some event which might never happen as this would be clear
contradiction of the contract contained in the note.
Rule 4. Existence of any separate oral agreement constituting a condition precedent to the
attaching of any obligation under a deed may be proved.Where there exists a condition to the
document becoming a valid and operative document, the document cannot be construed until
such condition is performed. Where it is shown that a written agreement does not contain and
was not intended to contain the whole agreement between the parties the rule that parole
evidence is not admissible to add to a written agreement has no application. It is open to a
party to prove that there was a condition precedent to a written agreement being operative
namely that it was subject to the confirmation by the principals. Execution of deed does not
mean merely signing but it means all acts necessary to make the parties bound thereby. If a
man merely signs the contracts and puts it in his pocket and does not allow it to depart from
him as his act that is not execution. A condition precedent is a condition without fulfilment of
which there is in effect no written agreement at all and no contractual agreement of any
description arises.

Rule 5. Any usage or custom by which incidents not expressly mentioned in the deed may be
proved.Incidents about which the deed is silent may be proved. Customs cannot affect
express terms of written contract. It can not be repugnant to or inconsistent with the contract.
Evidence of usage is receivable in order :
(i)

to annex incidents to contracts, wills etc.

(ii)

to explain the meaning of peculiar or technical terms.

(iii) to furnish standards of comparison on questions of

negligence etc.
(iv) to fix a party with knowledge or notice of the subject-matter
of the usage.
(v)

to rebut a fraudulent intent.

Rule 6. Evidence is admissible of every material fact that will enable the court to identify the
person or thing mentioned in the instrument and to place the court whose province it is to
interpret the deed as near as may be in the situation to the parties.In interpreting any
instrument which purports to deal with property, some extrinsic evidence is necessary in order
to make the words, which are but signs, fit the external things to which those signs are
appropriate. Oral evidence is admissible to comply the document of the loan to which it was
intended to refer. There can be no absolute or precise rule by which document has to be
considered for example it cannot be inferred as a matter of law that a destination of the surplus
under a document indicates any intention on the part of the settler to vest the property in
accordance therewith. An agreement that upon the happening of a contingent event at a date
which was indeterminate and having regard to the slow progress of litigation, might be for
distant, a lease would be granted and the document containing such expression was held to
mean that it was impossible to determine whether there would be any lease or not.
Rule 7. When the words used in a deed are in their literal meaning unambiguous and when
such meaning is not excluded by the context and is sensible with respect to the circumstances of
the parties at the time of executing the deed, such literal meaning must be taken to be that in
which the parties used the words.In construing documents including statutes the ordinary
and grammatical meaning must be given to the words used. Intention of the parties should be
the determining factor.
Rule 8.Where, if the words in a deed are used in their literal meaning an absurdity or
inconsistency appears such of the other meanings that they properly bear may be placed upon
them to avoid that absurdity or inconsistency.Where the deed speaks by general words, it
should be so understood unless they are accompanied by any expression limiting and
restraining their ordinary meaning.
Rule 9. Extrinsic may be given to explain a latent but not a patent ambiguity in a deed.
Where ambiguity arises from the fact that parties have expressed inconsistent intention on the
face of the deed, the ambiguity is called a patent ambiguity. But where no ambiguity is
apparent on perusal of the deed to a person unacquainted with the circumstances of the
parties but after evidence of the circumstances of the parties it is obtained, its discovery that
there are several persons or things or classes or persons or things in which common man
descriptions contained in the deed seems to be equally applicable. Such an ambiguity is called
a latent ambiguity. Where there is a definite description of certain property forming part of a
particular survey number by reference to acreage, and assessment and only a somewhat

indefinite reference to the rent of that survey number combined with other survey numbers, it
would be difficult as a matter of construction of the document to say that reference to rent
controls the specific figures as to acreage and assessment. (AIR 1939 Bom 151). Where there is
conflict of the property given and measurements indicated, the farmer is to prevail. When the
ambiguity is patent of declaration of writer, intention will be uniformly excluded. It is not
permissible to consider extrinsic evidence to resolve a patent ambiguity.
Rule 10. A deed should be interpreted so as to take affect, if possible, according to the
intention of the maker of makers.Where a deed can operate in two ways, one consistent with a
intent and other repugnant to it, Courts will be ever astute so as to construe it as to give effect
to the intent. All deeds to be construed strictly according to their words but so far as is possible
without infringing any rule of law in such a way as to effectuate the intention of the parties.
The same sense has to be put upon the words of a contract in an instrument under seal as
would be put upon the same words in any instrument not under seal or the same intention
must be collected from same words of a contract in writing whether with or without a seal. The
words of a deed have to be construed like those of any other writing according to the ordinary
use and application of them. In construing the deed one must adopt an established rule of
construction to read the words in their ordinary and grammatical sense and to give them effect
unless such a construction would lead to some absurdity or inconvenience or would be plainly
repugnant to the intention of the parties to be collected from other parts of the deed. Where
words are capable to two fold interpretation such interpretation should be received as tends to
make the deed good. One should give the words there ordinary meaning and should neither
add nor take anything away from such words unless one be obliged to do so. If the literal
construction leads to absurdity, repugnancy or inconsistency which reasonable people cannot
be supposed to have contemplated under the circumstances, it ought, if possible to be modified
so as to avoid such a result.
There can be no doubt whatsoever that, where there are two possible constructions, even
when both are equally possible, if one of the constructions leads to curious and anomalous
results and tends to defeat what the legislature has intended while the other produces no such
results and is quite consistent with the scheme of the Act and the manifest intention of the
legislature, it is the latter one that will have to be preferred (AIR 1966 Bom 166). But it is well
established that in order to avoid injustice, confusion and absurdity, it is permissible to enlarge
the meaning of a word.
Rule 11. When the intention of maker or makers of a deed cannot be given effect to its full
extent effect is to be given to it as far as possible. Where the words of any written instrument
are free from ambiguity in themselves and where external circumstances do not create any
doubt or difficulty as to the proper application of these words to claimants under the
instrument or as to the subject-matter to which the instrument relates, such instrument is
always to be construed according to strict, plain and common meaning of words themselves
and in that such case evidence de hors the instrument for the purpose for explaining it
according to the surmised or alleged intention of the parties to the instrument, is utterly
inadmissible. If it were otherwise, no lawyer would be safe in advising upon the construction of
a written instrument nor any party in taking under it, for the ablest advice might be controlled
and clearest title undermined if at some future period, parole evidence of the particular
meaning which the party affixed to his words or of his secret intention in making the
instrument or of the objects he meant to take benefit under it might be set up to contradict or
vary from the plain language of the instrument itself.

Where diverse persons join in a deed and some are able to make such deed and some are
not able, this shall be said to be his deed alone that is able; and if a deed be made to one that
is incapable and another that is capable it shall enure only to the latter. So, if a mortgagor or
mortgagee join in a lease this enures as a lease to the mortgagee and the confirmation by the
mortgagor. And if there be a joint lease by tenant for life and remainderman such lease
operates during the life of the tenant as his demise, confirmed by remainderman again and
afterwards as the demise of such last mentioned party.
Where you cannot severe the illegal from the legal part of convenant, the contract is
altogether void but where you can severe them, whether the illegality be created by statute or
by a common law you may reject the bad part and retain the good.
Where there is a controversy as to the meaning of such words as Hukmi, Malguzari, Jama
and the like which may mean rent or revenue it is desirable that the word used in the
vernacular should be inserted in brackets after the English rendering so as to assist the Court
in determining which meaning is applicable in the particular case. (AIR 1931 PC 5).
Rule 12. A recital does not control the operative part of a deed where the operative part of
deed is clear.
The recital part of a deed is not at all necessary part either in law or equity. It may be made
use of to explain a doubt of the intention and meaning of the parties but it has no effect or
operation. Misrecitals of another document in a deed does not destroy the effect of a deed when
the meaning and intention is manifest and clear how the estate shall go. If both the recitals
and the operative part is clear but they are inconsistent with each other the operative part
prevails, for it is impossible by a recital to cut down a plain effect of the operative part of a
deed.
While interpreting a deed, following three rules should be kept in mind :
(1)

If the recitals are clear and the operative part is ambiguous

the recitals govern the construction.

(2)

If the recitals are ambiguous and the operative part is clear,

the operative part must prevail.

(3)

If both the recital and operative parts are clear but they are
inconsistent with each other, the operative part is to be
preferred.

Rule 13. The operative part of a deed may be controlled by the recitals and the other
particulars of the deed if it is ambiguous or goes beyond the recitals.A recital may explain an
ambiguity in the operative part but it cannot have the effect of introducing a covenant in it. The
recitals are the key to what is intended to be done by the deed and though general words may
be put in to guard against accidental omission yet in the absence of any indication of a larger
meaning, the deed must be held to refer to estates or things of the same nature or description
with those which have been already mentioned.
If you find in a settlement recital indicating various parcels enumerated from whence it is to
be inferred, from reading the recital alone, that these parcels and these parcels alone are to be
included in and made subject to the provisions of the deed but yet you find that in the
operative part of the deed one or two of the these parcels are omitted by mistake and are not
included in the provisions of the deed. And converse of that proposition is also true, parcels

may be included in the operative part of the deed which the recital and rests of the deed show
to have been inserted there by mistake.
Rule 14. Where intentions are sufficiently clear in the deed, misrecital cannot vitiate it.A
misrecital may influence the construction. A misrecital also operates by way of estoppel. In
order to operate as a estoppel a recital must be precise and unambiguous. It must be general in
its terms for it is a rule that an estoppel should be certain to every intent and, therefore, if the
thing not be precisely and directly alleged or be mere matter supposal, it shall not be an
estoppel. When a recital is intended to be a statement which all parties to the deed have
mutually agreed to admit is true it is an estoppel upon all but when it is intended to be
statement of one party the only estoppel is confined to that party and intention is to be
gathered from construing the instrument. When the language is general, we may collect the
intention from the terms of the whole deed. But a distinct statement of a particular fact is
made in the recital of a bond or other instrument under seal and contract is made with
reference to that recital, it is unquestionably true that as between the parties to that
instrument and in an action upon it, it is not competent for the party bound to deny the recital.
Rule 15. Anything expressly mentioned in the deed impliedly excludes another.An
employed covenant is to be controlled within limits of express covenants. Where parties have
entered into written engagements with expressed stipulations, it is manifestly not desirable to
extend them by any implications, the presumption is that having expressed some, they have
expressed all the conditions by which they intended to be bound under that instrument.
Rule 16. An alteration in a material point of a deed must be made with privity of the obliger
and obligee.Alteration interlineations and erasures appearing on the face of the deed will be
presumed to have been made before execution in absence of any evidence to the contrary. If
however, an alternation is made with the consent of all parties for the purpose carrying out the
intention of the parties at the time of execution of deed such alternation does not prevent the
person making it from enforcing the deed. Material alterations made by a stranger i.e. a person
not a party to or claiming under a party to the deed do not prevent any person from enforcing
the deed except a person in whose custody the deed was when the alternation was made.
Immaterial alternation after execution by whomsoever made does not affect the deed or the
rights of any person thereunder. An alternation which only expresses something which would
have been implied in the deed before alternation was made is immaterial.
It is established that a material alternation in a written instrument does and immaterial
alternation does not avoid it. The rule was first laid down though not precisely in these words
with reference to the deed conveying freehold property but it has been discussed in many cases
with the result that the rule as now established is held to be applicable to all written
instruments.
Rule 17. By referring in a document signed by the party to another document, the person
so signing in effect signs a document containing the terms of the one referred to
4. Documents of which registration is compulsory.(1) The following documents shall
be registered, if the property to which they relate is situate in a district in which, and if they
have been executed on or after the date on which, Act No. XVI of 1864, or the Indian
Registration Act, 1866 (20 of 1866) or the Indian Registration Act, 1871 (8 of 1871) or the
Indian Registration Act, 1877 (3 of 1877) or Registration Act, 1908 came or comes into force,
namely :
(a)

instruments of gift of immovable property;

(b)

other non-testamentary instruments which purport or operate to create, declare,

assign, limit or extinguish, whether in present or in future, any right, title or
interest, whether vested or contingent, of the value of one hundred rupees and
upwards, to or in immovable property;

(c)

non-testamentary instruments which acknowledge the receipt or payment of any

consideration on account of the creation, declaration, assignment, limitation or
extinction of any such right, title or interest; and

(d)

leases of immovable property from year to year, or for any terms exceeding one year,
or reserving a yearly rent;

(e)

non-testamentary instrument transferring or assigning any decree or order of a

Court or any award when such decree or order or award purports or operates to
create, declare, assign, limit or extinguish, whether in present or in future any
right, title or interest whether vested or contingent, of the value of one hundred
rupees and upwards, to or in immovable property :

Provided that the State Government may, by order published in the Official Gazette, exempt
from the operation of this sub-section any leases executed in any district, or part of a district,
the terms granted by which do not exceed five years and the annual rents reserved by which do
not exceed fifty rupees.
1

[(1-A) The documents containing contracts to transfer for consideration, any immovable
property for the purpose of Section 53-A of the Transfer of Property Act, 1882 shall be
registered if they have been executed on or after the commencement of the Registration and
Other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or
after such commencement, then, they shall have no effect for the purposes of the said Section
53-A.;]
(2) Nothing in clause (b) and (c) of sub-section (1) applies to,
(i)any composition-deed; or
(ii)

any instrument relating to shares in a Joint Stock Company, notwithstanding that

the assets of such company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable property
except insofar as it entitles the holder to the security afforded by a registered
instrument whereby the company has mortgaged, conveyed or otherwise
transferred the whole or part of its immovable property or any interest therein to
trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such company;
or
(v)

[any document other than the documents specified in sub-section (1-A)] not itself
creating, declaring, assigning, limiting or extinguishing any right, title or interest of
the value of one hundred rupees and upwards to or in immovable property, but
merely creating a right to obtain another document which will, when executed,
create, declare, assign, limit or extinguish any such right, title or interest; or

1 Ins. by Act 48 of 2001, Section 3.

2 Subs. by Act 28 of 2001, Section 3(b).

(vi)any decree or order of a Court except a decree or order expressed to be made on a

compromise and comprising immovable property other than that which is the
subject-matter of the suit or proceeding; or
(vii) any grant of immovable property by Government; or
(viii) any instrument of partition made by a Revenue Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the
Land Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act,
1883 (19 of 1883) or
(x)

any order granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884); or
instrument for securing the repayment of a loan made under that Act; or

(x-a)any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting
any property in a Treasurer of Charitable Endowments or divesting any such
Treasurer of any property; or

(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or

any part of the mortgage-money, any other receipt for payment of money due under
a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public
auction by a Civil or Revenue Officer.
Explanation.A document purporting or operating to effect a contract for the sale of
immovable property shall not be deemed to require or ever to have required registration by
reason only of the fact that such document contains a recital of the payment of any earnest
money or of the whole or any part of the purchase nibet.
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not
conferred by a will, shall also be registered. [Vide Section 17, Registration Act].
STATE AMENDMENTS
Andhra Pradesh.In the Registration Act, 1908 (hereinafter referred to as the principal
Act), as in force in the State of Andhra Pradesh, in Section 17,
(a) in sub-section (1),
(i) for cl. (d) the following shall be substituted, namely :
(d)

leases of immovable property.;

(ii) after cl. (e) but before the proviso, the following clauses shall be inserted, namely
:
(f)

any decree or order or award or a copy thereof passed by a Civil Court, on

consent of the defendants or on circumstantial evidence but not on the
basis of any instrument which is admissible in evidence under Section 35
of the Indian Stamp Act, 1899, such as registered title deed produced by
the plaintiff, where such decree or order or award purports or operates to
create, declare, assign, limit, extinguish whether in present or in future
any right, title or interest whether vested or contingent of the value of one
hundred rupees and upwards to or in immovable property; and

(g)

agreement of sale of immovable property of the value of one hundred

rupees and upwards;

3 Subs. by Act 28 of 2001, Section 3(b).

(b)

in sub-section (2),
(i)

in clause (v) for the words any document not in itself creating, the words
any document except an agreement of sale as mentioned in clause (g) of subsection (1) not in itself creating, shall be substituted;

(ii)

in clause (vi), for the words any decree or order of a Court, the words any
decree or order of a Court, not being a decree or order or award falling under
clause (f) or sub-section (1), shall be substituted;

(iii) the explanation shall be omitted. (Vide A.P. Act No. 4 of 1999, Section 2).
Gujarat.In its application to the State of Gujarat, in Section 17
(i)

in sub-section (1) after clause (a) insert as under :

(aa) instruments which purport or operate to effect any contract for transfer of any
immovable property;
(ii)

after sub-section (1), insert as under :

(1-A) The provisions of Section 23 shall apply to an instrument referred to in
clause (aa) of sub-section (1) and executed before the commencement of the
Registration (Gujarat Amendment) Act, 1982 as if in that section for the words,
from the date of its execution the words, figures and letters from the 1st March,
1982, had been substituted.

(iii) in sub-section (2), delete explanation. [Vide, Gujarat (Act 7 of 1982), Section 2
(w.e.f. 18.12.1981)].
Kerala.In its application to the State of Kerala in sub-section (2) omit clauses (ix) and (x).
[Vide, Kerala Act (7 of 1868), Section 3 (w.e.f. 22.2.1968)].
Maharashtra.In its application to the State of Maharashtra, in clause (x) of sub-section
(2) of Section 17,
(a)

after the words and figures Agriculturists Loans Act, 1884, insert or under the
Bombay Non-Agriculturists Loans Act, 1928;

(b)

for the words under that Act, substitute under either of those Acts. [Vide,
Maharashtra Act (19 of 1960), Section 2 (w.e.f. 24.10.1960)].

Pondicherry.In its application to the Union Territory of Pondicherry, in sub-section (3),

for the words the First day of January, 1872, substitute the words the 9th day of January,
1969. [Vide, Pondicherry, Act (17 of 1970), Section 2 (w.e.f. 1.11.1970)].
Rajasthan.In sub-section (2)
(1)

for or shall be substituted at the end of clause (xii); and

(2)

after clause (xii), clause (xiii) shall be inserted as follows :

(xiii) any instrument referred to in sub-section (5) of Section 89. Vide Rajasthan Act
16 of 1976, Section 2 (w.e.f. 13.2.1976).
In Section 17 of the Registration Act, 1908 (Central Act 6 of 1908), in its application to the
State of Rajasthan, hereinafter referred to as the principal Act,
(i)

in sub-section (1), after clause (e) and before the proviso, the following clauses shall
be added, namely :
(f) agreement to sell immovable property possession whereof has been or is
handed over to the purported purchaser;

(g) irrevocable power of attorney relating to transfer of immovable property in any

way; and
Tamil Nadu.In Section 17, in sub-section (1), after clause (e), the following clause shall
be added, namely,
(i)

instruments of agreement relating to construction of multi-unit house or building

on land held by several persons as referred to in clause (i) under Article 5 of
Schedule 1 to the Indian Stamp Act, 1899 (Central Act II of 1899). Vide Tamil Nadu
Act No. 38 of 1987, Section 3.

Uttar Pradesh.In its application to the State of Uttar Pradesh, in Section 17,
(a)

in sub-section (1),
(i)

in clauses (b) and (e) omit the words of the value of one hundred rupees and
upwards.

(ii)

after clause (e), insert as under :

(f) any other instrument required by any law for the time being in force, to be
registered.
(iii) omit proviso,
(b)

(c)

in sub-section (2),
(i)

in clause (v), after the words any document occurring in the beginning,
insert the words other than contract for sale, and omit the words of the
value of one hundred rupees and onwards;

(ii)

omit explanation,

in sub-section (3), after the words by a will, insert the words and on instrument
recording adoption of a child executed after the first day of January, 1977. [Vide,
U.P. Act (57 of 1976), Section 32 (w.e.f. 1.1.1977)].

5. Documents of which registration is optional.Any of the following documents may be

registered under this Act, namely,
(a)

instruments (other than instruments of gift and wills) which purport or operate to
create, declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, of a value less than one
hundred rupees, to or in immovable property;

(b)

instruments acknowledging the receipt or payment of any consideration on account

of the creation, declaration, assignment, limitation or extinction of any such right,
title or interest;

(c)

leases of immovable property for any term not exceeding one year, and leases
exempted under Section 17;

(cc) instruments transferring or assigning any decree or order of a Court or any award
when such decree or order or award purports or operates to create, declare, assign,
limit or extinguished, whether in present or in future, any right, title or interest,
whether vested or contingent, of a value less than one hundred rupees, to or in
immovable property;
(d)

instruments (other than wills) which purport or operate to create, declare, assign,
limit or extinguish any right, title or interest to or in movable property;

(e)

wills; and

(f)

all other documents not required by Section 17 to be registered. [Vide Section 18,
Registration Act, 1908].
STATE AMENDMENTS

Andhra Pradesh.Clause (c) shall be omitted. [Vide Ins. Act 4 of 1999, Section 3].
Bombay.Section 4 of the Bombay Act XIV of 1939, Section 3 of the Sind Act XIV of 1939
after clause (e), the following new clause (ee) has been inserted;
(ee) Notices of pending suit or proceedings referred to in Section 52 of the Transfer of
Property Act; and [Vide Bombay Act (14 of 1939), Section 4].
Gujarat.In its application to the State of Gujarat, amendments are the same as those of
Maharashtra (1.7.1961), Act (II of 1960), Section 87 (Guj. A.L.O. 1960).
Maharashtra.In its application to the State of Maharashtra in Section 18,
(i)

delete the words and after clause (e);

(ii)

after clause (e) insert the following clause, namely :

(ee) notices of pending suits or proceedings referred to in Section 52 of the Transfer of

Property Act, 1882. [Vide, Bom. Act XIV of 1938, Section 4 (w.e.f. 15.6.1939) read
with Act (35 of 1958), Section 2 (w.e.f. 28.4.1958)].
(iii)

word and in clause (ee) shall be added at the end and clause (ee-1) inserted by
Act (Bom Act 6 of 1960) shall be deleted, [Vide, Maharashtra Act 20 of 1971,
Section 58 (w.e.f. 15.6.1972)].

Delhi.Same as in Punjab. [Vide, G.S.R. 465, dated 20.3.1965].

Himachal Pradesh.18-A. Document for registration to be accompanied by a true copy.
Notwithstanding anything contained in this Act, the registering officer shall refuse to register
any document presented to him for registration unless such document is accompanied by a
true copy thereof. [Ins. vide Indian Registration (Himachal Pradesh Amendment) Act, 1958 (2 of
1959), Section 3 (w.e.f. 1.4.1969)].
Punjab : Haryana and Chandigarh.In its application to the State of Punjab and Haryana
and Union Territory of Chandigarh, after Section 18, insert the following new section :
18-A. Document for registration to be accompanied by a true copy.(1) Notwithstanding
anything constrained in the Act, the Registering Officer shall refuse to register any
document presented to him for registration unless such document is accompanied by
a true copy thereof. [Vide, Punjab Act 19 of 1961, Section 2 (w.e.f. 4.5.1961); Act 33
of 1966 Section 89].
Tripura.In its application to the State of Tripura, after Section 18 insert as under :
18-A. Document for registration to be accompanied by a true copy.(1) Notwithstanding
anything contained in the Act, the Registering Officer shall refuse to register any
document presented to him for registration unless such document is accompanied by
a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly hand-written or printed or
type written or lithographed or otherwise prepared in such manner as may be
prescribed. [Vide, Tripura Act (7 of 1982), Section 2 (w.e.f. 1.1.1983)].
Uttar Pradesh.In its application to the State of Uttar Pradesh in Section 18, clauses (a),
(b) and (cc) be omitted. [Vide, U.P. Act (7 of 1976), Section 33 (w.e.f. 1.1.1977)].

In Section 18(c) omit the words and figures and leases exempted under Section 17. [Vide,
U.P. Act (19 of 1981), Section 6 (w.e.f. 1.8.1981).
In its application to the State of Uttar Pradesh, Section 18-A as inserted by U.P. Act (14 of
1971), omitted by U.P. Act (19 of 1981), Section 7 (w.e.f. 1.8.1981). Prior to omission of Section
18-A as under :
18-A. Document for registration to be accompanied by a true copy thereof.(1) The
Registering Officer shall refuse to register any document presented to him for
registration unless such document is accompanied by a true copy thereof, and in
the case of a document referred to in Section 19, also by a true copy of the
translation referred to therein.
(2) A copy referred to in sub-section (1) shall not be a carbon copy, and shall be neatly
handwritten or be a cyclostyled copy of typewritten matter, on only one side of the
paper, and shall be prepared in accordance with such rules, if any, as may be made
in that behalf, and shall contain a declaration in the prescribed manner that the
same is a true copy of the document or of the translation, as the case may be.
A draftsman should bear the following facts in his mind while drafting a document :
(1)

The document should be clear to anyone who is competent in regard to the subjectmatter of transaction.

(2)

The draftsman should satisfy himself that he has understood the matter clearly as
to what he is going to say and what he need not say.

(3)

The draftsman should remember that whatever he is saying, he is saying the same
at every place in the draft and is saying one thing and not more than one.

(4)

The documents should be self explanatory.

(5)

Where subjects are clearly distinct or rules of law applicable are different, separate
documents should be preferred.

(6)

A schedule is useful for matter which cannot be omitted but, if inserted, the body of
the document will tend to make absurd the sense of the document.

(7)

The order should be logical. Proper arrangement minimises omission or

repeatation.

(8)

The sentences should be short and as far as possible very clear. Familiar words
should be preferred for phrase and concrete words to the abstract, single word to
the circumlocution, short word to long and saxon word to the roman. Only
necessary words should be used unnecessary words should be avoided.
Superfluous adjectives and adverbs should not be used.

6. Gift-deed whether requires registration.From Section 17(2) of Registration Act, it is

clear that the document which by itself does not create, declare, assign, limit or extinguish any
right, title or interest in immovable property, but creates a right to obtain another document,
which on execution, creates, limits or extinguishes such right, does not require registration.
Thus, it is clear that the document which contemplates execution of another document without
limiting, declaring, assigning or extinguishing any right by itself, does not require registration.
To examine whether the agreement, is served by the provision contained in Section 17(2)(v) of
the Registration Act, it is relevant to go through the contents of agreement, which are as
under :

The agreement executed on 15th September, 1966 in favour of Grandhi Venkata Seshayya
Setti, r/o Vizinagaram, Visakhapatnam District by Grandhi Padmanabham resident of
ditto village and ditto district, is as follows :
Whereas you are my revered father and in view of your love and affection for us, you have
executed and registered the gift-deed, today in favour of both of us, the brothers and
whereas I hereby agree to pay you a sum of Rs. 200/- (Rupees two hundred only) every
month during your life-time for your maintenance. If I failed to pay you accordingly the
said sum of Rs. 200/- per month, I hereby retain all my movable and immovable
properties as security and assure you that you shall be entitled to recover all the due
amounts from them. If you incur any legal expenses in recovering the due amount from
me you shall be entitled to recover the same from me. This agreement has been got
executed having assured you accordingly and deliver the same to you. If I fail to fulfil
the conditions as such in respect of your maintenance etc., you shall be at liberty to
cancel or revoke the gift-deed executed today.
By reading the above contents of the document, agreement it is evident that the document
altered the absolute rights of the plaintiff into conditional rights due to which the terms of
registered gift-deed are varied. agreement, therefore, requires registration. Merely because it is
stated in agreement that the second defendant can cancel or revoke the gift-deed in failure to
payment of maintenance amount by the appellant, it cannot be said that agreement document
does not limit the rights conferred on the appellant under gift deed. Thus, agreement shall have
to be registered as it created a right in favour of the second defendant and limited the right
created in favour of the appellant.
The Privy Council in Tika Ram v. The Commr. of Bara Banki, (1899) ILR 26 Cal 707,
considering the rukka (written promise), which was unregistered, executed by the mortgagor
promising to pay additional interest of 6% per annum over and above the contracted interest of
15% per annum under registered mortgage deeds, held that the rukkas could not be used to
fetter the equity of redemption. It was further held that since the unregistered rukka altered the
rate of interest incorporated in the registered mortgage deed, the same cannot be enforced as a
right is created in favour of the mortgage. The registered mortgage and rukka were executed
simultaneously on the same day, even then it was held that the rukka cannot be acted upon
and is inadmissible as the same is registered one and altered the rate of interest incorporated
in the registered mortgage deed.
A Division Bench of High Court of Rangoon dealing with the question whether the
agreement, which reduces the mortgagees right to receive contracted rate of interest under
mortgage deed, is compulsorily registrable under Section 17 of the Registration Act in UPo Thin
v. Official Assignee, AIR 1938 Rang 285, after discussing the decision of the Privy Council in
Tika Rams case, (1899) ILR 26 Cal 707 (supra), held :
Any document which reduces the mortgagees right to receive interest at the rate given in
the mortgage deed affects his interest in immovable property. Hence, the agreement to
reduce the rate of interest is compulsorily registrable under Section 17, and if not
registered cannot be received in evidence.
The decision in Tika Rams case (supra) was referred to and the decision in UPo Thins case
(supra) was approved by the Supreme Court in Kashinath Bhaskar v. Vishweshwar, AIR 1952
SC 153. The Supreme Court was considering the question whether the agreement executed by
the mortgagee, Narayan Gopal Sathe in favour of the defendant, who agreed to undertake the

responsibility of producing surety in the sum of Rs. 10,000/- on behalf of the mortgagee as
required by the Court. With regard to the question of limitation of interest in immovable
property, approving the opinion of learned Judge in UPo Thins case, AIR 1938 Rang 285
(supra), it was held :
We agree that the learned Judges in UPo Thin v. Official Assignee, 1938 Rang LR 293 : AIR
1938 Rang 285, that one part of the interest which a mortgagee has in mortgaged
property is the right to receive interest at a certain rate when the document provides for
interest. If that rate is varied, whether to his advantage or otherwise, then, in our
judgment, his interest in the property is affected. If the subsequent agreement
substitutes a higher rate, then to the extent of the difference it creates a fresh interest
which was not there before.
Considering the clause contained in the agreement at length, their Lordships held that if
the document itself creates an interest in immovable property, the fact that it contemplates the
execution of another document will not exempt it from registration under Section 17(2)(v).
Coming to the present case, right to revoke the gift-deed as provided in Section 126 of the
Transfer of Property Act is created in favour of the second defendant, which was not there in
gift-deed, itself.
The Additional Judicial Commissioner of Nagpur, while dealing with a document, which
described itself as a receipt and was so stamped in Sonoo v. Bhandaria, AIR 1923 Nag 171,
executed by the defendants in favour of the plaintiffs contained an agreement to grant lease
explained the distinction between Section 17(1)(d) and Section 17(2)(v) and held that the
document created in immediate interest and so was not protected by Section 17(2)(v), but was
covered by Section 2(7) of the Registration Act.
The Supreme Court in S.K. Roy v. B.K. Collieries, AIR 1971 SC 751, while considering the
question whether the agreement varying the royalty is admissible for want of registration, held
that the document, which varies the essential terms of the existing registered lease, such as
the amount of rent, must be registered.
The High Court of Punjab in Karam Chand v. Banwari Lal, AIR 1965 Punj 117 considering
the mortgage deed and the letters of the mortgagor wherein he agreed to raise the rate of
interest from 3 to 5-1/2, held that the agreement to pay the higher rate of interest requires to
be compulsorily registered being a document which creates interest in immovable property and
in the absence of such registration, they are inadmissible in evidence.
In Bhiarilall v. Harendra Nath, AIR 1983 Cal 209, the High Court of Calcutta examining the
question whether subsequent agreement, which stipulated the condition to pay interest on the
principal sum advanced by way of original mortgage, is inadmissible in evidence, held that the
plaintiff cannot enforce the said agreement by demanding payment of interest as it is
inadmissible in evidence for want of registration.
A Division Bench of High Court of Punjab, while considering the registered sale-deed
whereby house was absolutely conveyed to the vendee and the subsequent unregistered
agreement to reconvey the house at any time within five year, in Sushil Kumar v. Madan Gopal,
AIR 1953 Punj 292, held that the agreement to reconvey though of itself does not require
registration, when it is sought to modify the terms of registered sale-deed by such agreement
requires registration.

The Counsel for the respondents relied on a decision of the Allahabad High Court in Jagat
Singh v. Dungar Singh, AIR 1951 All 599, for the proposition that the agreement between the
parties, which contains conditions, did not require registration.
In the abovesaid decision, the respondent and his wife transferred their property in favour
of the appellant and his wife under a registered deed of gift with the recital that the donees
would support the donor and his wife and the appellant executed an agreement on the same
day to the effect that if the donee failed to look after the respondent and his wife (donors), they
can revoke the gift-deed. When the suit for declaration that certain gift-deed was void and for
possession, the Court below decided that respondent plaintiff was entitled to revoke the giftdeed and the agreement, though unregistered, was admissible in evidence. The first appellate
Court also affirmed the view of the Court below. In Second Appeal, the learned single Judge of
Allahabad High Court considering the provisions contained in Section 123 of the Transfer of
Property Act and Sections 17 and 49 of the Registration Act, held that the document
containing the agreement between the parties as to the condition upon which the gift made by
the respondent was revocable did not require registration. This decision is quite contrary to the
judgment of the Privy Council in Tika Rams case, 1899 ILR 26 Cal 707 (supra) and of the
Supreme Court in Kashinath Bhaskars case. AIR 1952 SC 153 (supra). It has to be noticed
that the decision of the Supreme Court are binding on all Courts in India as per Article 141 of
the Constitution. In view of the decision of the Supreme Court in Kashinath Bhaskars case
(supra), the principle laid down in Jagat Singhs case, AIR 1951 All 599 (supra) is no more a
good law.
The view of the High Court of Allahabad in Jagat Singhs case (supra) is similarly taken by
the High Court of Assam and Nagaland in M.T. Purnia v. Manindra Nath, AIR 1968 Assam 50,
which is also contrary to the principle laid down by the Supreme Court in Kashinath Bhaskars
case, AIR 1952 SC 153 (supra), and that, therefore, the same cannot be relied on.
The High Court of Madras in Ankamma v. Narsayya, AIR 1947 Mad 127, considering the
question, if the wish of the donor that the donee would maintain him well during his life-time
is not fulfilled, whether it was open to the donor to revoke the gift-deed, held that the gift-deed
was out of love and affection and rejection the contention of the appellant that in the absence
of any express reservation of power of revocation, the donor continued to have that right even
after the property under the gift was vested in the donee.
In Tila Bewa v. Mana Bewa, AIR 1962 Ori 130, a learned single Judge of Orissa High Court
considering the condition that the donee should maintain the donor contained in the gift-deed
observed :
A gift, subject to the condition that the donee should maintain the donor cannot be
revoked under Section 126 for failure of the donee to maintain the donor, firstly for the
reason that there is no agreement between the parties that the gift could be either
suspended or revoked, and secondly, this should not depend on the will of the donor;
again, the failure of the donee to maintain the donor as undertaken by her in the
document, is not a contingency which should defeat the gift; all that could be said is
that the default of the donee in that behalf amounts to want of consideration; Section
126 provides against the revocation of a document of a gift for failure of consideration;
if the donee does not maintain the donor as agreed to by the donee, the latter (donor)
can take proper steps to recover maintenance. If under the terms of the gift-deed there
has been an absolute transfer of the property in favour of the donee, a direction for

maintenance of the donor by the donee shall be regarded only as an expression of

pious wish on the part of the donor.
The decisions of the Privy Council and the Supreme Court in Tika Rams case, 1899 ILR 2
Cal 707 (supra) and Kashinath Bhaskars case, AIR 1952 SC 153 (supra), respectively vividly
lay down;
(i)

Where an agreement, though simultaneously executed along with a registered

document, which creates, extinguishes, reduces or diminishes the right conferred
by the earlier registered document, requires registration; and

(ii)

Where an agreement, which simply creates a right to obtain another document

without altering, limiting, extinguishing the rights conferred by the earlier
document and contemplates execution of another document whereunder rights are
conferred, does not require registration and is exempted under Section 17(2)(v) of
the Registration Act.

In the present case, by reading the gift-deed, and the revocation-deed, it is clear that
revocation deed has not only created a right in favour of the second defendant to revoke the
gift-deed in future, but it has abridged the rights created in favour of the appellant under
registered gift-deed. Revocation deed requires to be registered. As revocation deed is
unregistered agreement, it is inadmissible in evidence and it cannot be acted upon. If
revocation deed agreement is eschewed, there is no power conferred on the second defendant to
revoke the gift-deed. Thus, once the second defendant has no right to revoke the gift-deed, he
has no right even to alienate the property and that the property gifted to the plaintiff with
absolute rights will remain with the plaintiff. The alienation of property in favour of the first
defendant by the second defendant is not valid. The first defendant is claiming the property
only under the sale-deed executed by the second defendant. Since the plaintiff is the absolute
owner of the property, the suit of the plaintiff has to be decreed.
Agreement would be inadmissible for not being registered. Under Section 17(1)(a) of the
Registration Act and under Section 123 of the Transfer of Property Act an instrument of gift of
immovable property is made compulsorily registrable, is not disputed, and it cannot be
disputed also. The short question, therefore, that remains to be decided in this case is whether
the document agreement could be brought under the exception as provided by Section 17(2)(v)
of the Indian Registration Act (for short the Act).
It is necessary to note the circumstances under which Section 17(2)(v) itself was
incorporated in the Indian Registration Act. Their Lordship of the Privy Council in
Futtehchandi Sahoo v. Leelumber Singh Dos, (1871) 14 Moo Ind App 129 and Dayal Singh v.
Indra Singh, AIR 1926 PC 94, held that even in case of agreement of sale where a purchaser
has paid a part of the consideration agreeing to get the sale-deed executed later, it was held
that such a document required registration as per the Registration Act, on the ground that the
contract for sale of land operates in equity as transfer of ownership from the vendor to the
purchaser. But the practice in India had been that even in cases, where there was an advance
payment of part of consideration such documents were treated as mere agreement to sell and
not creating any sort of interest in immovable property. In order to uphold this practice, the
Indian Registration Amendment Act, 1927 was passed which came into force w.e.f. 18.2.1927.
It added an explanation to Section 17(1), to remove the doubts caused by the decision of
the Privy Council, by providing that wherever there is only an agreement between the parties

without creating a right in the immovable property such a document needed no registration.
This explanation thus provided an exception to the general rule found under Section 17(1)(b) of
the Act. Therefore, it follows that wherever there is an agreement without creating any right in
the immovable property such a document even if it is reduced to writing need not be registered.
From the history of this legislation it is clear that what is saved from registration under Section
17(2)(v) of the Act is only an agreement that confers a right to take another document, and
under the later document rights would be transferred. In case of an agreement for sale what is
conferred is only a right to seek a specific performance of the contract by another document.
The clause merely creating a right to obtain another document found under Section 17(2)(v)
of the Act is a right to enforce the specific performance of the contract by compelling the other
side to perform his part of contract by executing a document and nothing more. This right
contemplated under Section 17(2)(v) of the Act cannot be equated to creating right in the
property. In other words a mere agreement without creating any right need not be registered.
An agreement which itself creates a right in immovable property such an agreement has to be
registered if such right is created in property, the value of which is Rs. 100/- or more.
Section 126 of the T.P. Act no doubt contemplates an agreement between the donor and the
donee to the effect that on the happening of any specified event which does not depend on the
will of the donor a gift shall be suspended or revoked, but such an agreement shall necessarily
find place in the gift-deed itself. Unless such a clause is found in the gift-deed the donor
cannot revoke the same. In Ankamma v. Narasayya, AIR 1947 Madras 127, though the giftdeed provided that it was the duty of the donee (son) to maintain the father (donor) but there
was no default clause to the effect that in case the son did not look after the father the father
was entitled to revoke the gift, the High Court of Madras held that the gift was not revocable
and the clause that the son should maintain his father was only a pious wish of the father. To
the same effect also is the law declared by the High Court of Orissa in Tila Bewa v. Mana
Bewa, AIR 1962 Ori 130.
Now, the question would be whether the agreement contemplated under Section 126 of T.P.
Act could be created by a separate document. According to me there is no such prohibition
similar to proviso to Section 58(c) of T.P. Act, according to which no transaction shall be
deemed to be a mortgage unless the condition is embodied in the document which effects or
purports to effect the same in order to construe such document, as mortgage by a conditional
sale. In other words since the law is silent in this behalf of the agreement contemplated under
Section 126 of T.P. Act could be by a separate document also. But, if the parties, for whatever
reasons best known to them, decide to have a separate document either simultaneously or
subsequently they should necessarily register it, because the gift-deed itself is a compulsorily
registrable document under Section 17(1)(a) of the Act, if it pertains to the immovable property,
irrespective of its value Rs. 100/- or more or less (in other words whatever the value).
Therefore, if the effect of registered gift-deed is to be taken away on the basis of an agreement
contemplated under Section 126 of the T.P. Act (by reserving the right of revocation) that
agreement also should be registered.
Assuming for the sake of the argument that such agreement contemplated under Section
126 of the T.P. Act is the one which falls within the description of other non-testamentary
instrument as contemplated under Section 17(1)(b) of the Act even such a document should be
registered if the value of the property is more than Rs. 100/-, even in a case where such an
agreement is executed simultaneously along with the gift-deed as held by the High Court of
Bombay in Ramchandra v. Anandibai, AIR 1932 Bom 188. In that case, His Lordships
Beaumont, the then Chief Justice, while considering a similar case where a father executed a

gift-deed for certain immovable property in favour of his daughters, who on the same day
passed an unregistered writing to his father stimulating we have to enjoy this property for our
life and our sons and daughters are to do the same for their lives, after that the said asset is to
be handed over to the heir of our brother Shankar Rao who is our younger son; if you or your
wife i.e., our mother Saraswatisa, do for any reason require the property back we shall hand it
over to you without any compensation or without any objection, held that such a document
pertaining to immovable property of more than Rs. 100/- was inadmissible for want of
registration. Therefore, it follows that such a document was executed simultaneously along
with the gift-deed absolutely has no consequences and it cannot be treated as part of the same
transaction. The learned single Judge in the instant case held that gift-deed and the
contemporaneous agreement must be read together since they both form part of the same
transaction having been executed on the same day and, therefore, Ex. B-1 needs no
registration. He accordingly approved and accepted the principle of law laid down by the High
Court of Assam and Nagaland in Mt. Purnita v. Manindra Nath, AIR 1996 Assam 50 and also the
principle of law laid down by the High Court of Allahabad in Jagat Singh v. Dungar Singh, AIR
1951 All 599. But we humbly disagree with the proposition of law laid down in these cases.
From the reading of the judgment in Purnias case, AIR 1996 Assam 50, it is clear that it
followed the judgment of the Allahabad High Court. Let us analyse and find out the approach
of the High Court of Assam and Nagaland in this case. The facts of the case are that an old
widow, with none also to look after her, out of love and affection, executed a gift-deed of her
entire property in favour of B an outsider to family, on the same day B, executing, an
unregistered agreement accepted the deed on the condition that he will maintain the widow till
her death. But, B failed to maintain her. The Court held that the gift was liable to be revoked
on the ground that both the gift-deed and the other agreement taken together superadded a
condition to gift and the condition formed an integral part of the transaction and could not be
divorced from the gift. Therefore, the unregistered agreement was inadmissible. The said Court
proceeded on the following three premises :
(i)

On the premises that the gift-deed and the subsequent agreement formed an
integral part of the same transaction.

(ii)

On the premises that by the said agreement donee had contracted to maintain
plaintiff during her life-time and this condition which is incorporated in
agreement did not create any interest in any immovable property of the value of
100/- and upwards nor did extinguish any rights therein. It proceeds on
premises that this is a condition traceable under Section 31 of the T.P. Act.

the
the
Rs.
the

(iii) The third premises is that such an agreement did not require under Section 17 of
the Act. But we humbly differ from the said judgment on this premises. As noted
above for any reasons, best known to them, if the parties decide to have a separate
document by reserving the right of revocation in favour of the donor such a
document cannot be treated as an integral part of the gift-deed. If the parties wish
that such a condition is necessary, nothing prevents them from incorporating the
same in the deed itself. If they decide to have a separate document, and in that
document a right is created for revocation of the gift-deed such a document does
not form part of the gift-deed. As we have already stated above the effect of a
registered document cannot be taken away by an unregistered agreement. Because
the condition that, the donee shall maintain the donor and in case of default the
donor would have the right to revoke the gift- deed, is the one necessarily traceable

to Section 126 of the T.P. Act. But, not to Section 31 of the T.P. Act which provides
that :
31. Condition that transfer shall cease to have effect in case specified
uncertain event, happens or does not happen. Subject to the provisions of
Section 12, on a transfer of property an interest therein may be created with
the condition superadded that it shall cease to exist in case a specified
uncertain event shall happen, or in case a specified uncertain event shall not
happen.
The above section does not apply to gifts. Because according to the rule of construction the
specific provisions excludes general provision. Section 126 of T.P. Act is specific provision in
relation to the gift-deed. Therefore, Section 31 of the Act could not be applicable to such deeds.
Even for the sake of the argument it is assumed that the condition in question is a condition
superadded in terms of Section 31 of the T.P. Act, even such a condition if the parties think it
necessary, shall necessarily be included in the gift-deed itself. But the same shall not be
superadded by a separate document. If the parties for the best reasons known to them, create a
separate document providing such a superadded condition either in terms of Section 31 of the
T.P. Act or Section 126 of T.P. Act such a document requires registration if it pertains to
immovable property of the value of Rs. 100/- and more. Viewed from any angle, therefore,
Court is of the opinion that the document Ex. B-1 in this case which created a right in favour
of the father, to revoke the gift in case of default on the part of the sons to maintain him,
required registration. Any other interpretation would lead to a hazardous situation. For
instance after accepting the gift of immovable property from the father the son may sell that
property to a third party. Thereafter in collusion between father and son an unregistered
agreement, as if contemporaneous, may be created enabling the father to revoke the gift and
thereafter by revoking the said gift the third party-purchasers rights may be put to jeopardy. In
order to avoid almost a similar situation only a proviso was introduced by Amending Act of
1929 to Section 58(c) of T.P. Act. There were cases in which the litigants pleaded a
contemporaneous or subsequent agreement of repurchase to an ostensible sale-deed
contending that in effect the transaction was one of mortgage by conditional sale, and that
created in many cases hardship, where in fact there was outright sale. Therefore, by the said
Amendment proviso was introduced to Section 58(c) of T.P. Act by providing that no such
transaction shall be deemed to be mortgage by conditional sale- unless the condition is
embodied in the document which effects or purports to effect the same. Court is of the
considered opinion that on similar lines, it is better to provide by an amendment to Section 126
of the T.P. Act, that, the agreement contemplated in terms of Section 126 of T.P. Act shall
necessarily be incorporated in the gift-deed itself.
Things would have been different if a document was the mere agreement creating any right
in immovable property. But Ex. B-1 purported or operated to create or declare a right in the
property. It also limits or extinguishes the right of the donee who otherwise takes the gift
absolutely. Therefore, revocation deed would be inadmissible for want of registration.
In fact, Supreme Court in Lachhman Das v. Ram Lal, AIR 1989 SC 1923, considering
almost a similar issue held that a document purported or operated to create any right present
or future should be necessarily registered. In the said judgment the apex Court held as
under :
It was incorrect to state that an award which could not be enforced was not an award and
the same did not create any right in the property which was the subject-matter of the award.

An award whether registered or unregistered, according to Justice Hegde, does create rights but
those rights could not be enforced until the award is made, the decree of the Court. The
learned Judge made it clear that for the purpose of Section 17(i)(b) of the Act, all that had to be
seen was whether the award in question purported or operate to create or declare, assign, limit
or extinguish whether in present or future any right, title or interest whether vested or
contingent of the value of Rs. 100/- and upwards in the immovable property. If it is done, it is
compulsorily registrable. A document might validly create rights but those rights might not be
enforced for various reasons. The Court found that the award in that case created right in
immovable property and it required registration.
In view of this law declared by the Supreme Court, revocation deed is liable to be eschewed
from consideration for not being a registered document.
Yet there is one more aspect to be considered with reference to document. It also further
provides that :
Whereas I hereby agree to pay you a sum of Rs. 200/- (Rupees two hundred only) every
month during your life-time for your maintenance. If, I fail to pay you accordingly the
said sum of Rs. 200/- per month, I hereby retain all my movable and immovable
properties as security and assure you that you shall be entitled to recover all the due
amounts from them. If you incur any legal expenses in recovering the due amount from
me you shall be entitled to recover all the due amounts from them. If you incur any
legal expenses in recovering the due amount from me you shall be entitled to recover
the same from me.
From this clause it is clear that, this document also creates security in immovable property,
including the lands gifted, for the performance of the duty on the part of the sons, i.e., paying
maintenance every month. Moreover, by virtue of this document a charge also is created in
immovable property, as the father is authorised to recover the maintenance amount, in case of
their default, from out of these immovable properties. In order to be admissible such a
document needs registration as per law declared by the Supreme Court. The Honble Supreme
Court in K.L.S. Coal Consume v. Khanson & Co., AIR 1971 SC 437, has held that, in case if a
charge is created in immovable property of the value of Rs. 100/- or more such a document
requires registration. In that case there was a finding that the machinery was a movable
property, therefore, they held that the deed pertaining to the said machinery did not require
registration for its admissibility. However, in the other decision in V.G. Rao v. Andhra Bank, AIR
1971 SC 1613, the Supreme Court ruled that when the parties created security by deposit of
title deeds and intended to reduce the bargain in the form of a document such a document
must be registered.
Section 123 of T.P. Act and Section 17(1)(a) of the Registration Act, both are related to the
validity of a gift. For a gift of immovable property under Section 123 of T.P. Act a registered deed
is necessary, Dukeri Bala v. Jagdhar, AIR 1955 Cal 571, where as Section 17(1)(a) of the
Registration Act makes the registration compulsory otherwise it would be not admissible in
evidence by virtue of Section 49 of the Registration Act. Lim Charlie v. Official Receiver, AIR
1934 PC 67.
For a gift coming under Section 123 of the Transfer of Property Act registration is necessary
and for making the gift valid in law it may be registered even after the death of the donor if it
was not registered in his life-time and the same may be got registered by the donee to make it
effective. Chandan v. Sucha, AIR 1922 Lah 112.

Registration of gift does not depend on the consent of donor. Privy Council observed :
Registration does not depend upon his (donors) consent but it is the act of the officer
appointed by law for the purpose, who if the deed is executed by or on behalf of the
donor and is attested by at least two witnesses, must register it, if it is presented by a
person having the necessary interest within the prescribed period. Neither death nor
the express revocation by the donor is a ground for refusing registration if the other
conditions are composed with. T.V. Kalyanasundaram Pillai v. Karuppa Mooppanar, AIR
1927 PC 42.
Hiba-bil-iwaz is held to be a gift for consideration. Such type of gift is different from
simple Muslim gift and held by several High Courts that such transaction would be treated as a
sale and requires registration if the property valued rupees hundred or upwards. Shaikh
Ghulam Abbas v. Raja Begam, ILR 1 All 477.
Gift-deed of immovable property is registrable irrespective of the value of the property. The
instrument of gift is compulsorily registrable. But where the document merely contains the
memorandum of already completed gift is not registrable under Section 17 of the Registration
Act. Jeervarethammal v. N. Vade Pillai, AIR 1917 Mad 859.
An agreement, which is incorporated in a gift-deed, under which a donee has only
contracted to maintain the donor during his life-time, such agreement does not create any
interest in any immovable property of the value of rupees one hundred and upwards, nor does
it extinguish any rights therein, and, therefore, it is not required to be registered under Section
17 of the Act. Smt. Purnia Kurmi v. Manindra Nath, AIR 1968 Mad 50; Loganatha Mudali v.
Manikkammal, (1970) 1 Mad LJ 95.
Sisters claimed gift of land valued more than Rs. 100/- in their favour to be valued gift
never revoked, property never resumed and alleged payment not made brothers alleged gift to
be already revoked, property resumed and payments made in its lieu. No question of
declaration of pre-existing rights. Award declaring brothers to be owners and creating for the
first time right in favour of brothers. Awards require registration. K.J. Khosla v. Smt.
Rajlakshmi, 2001 (3) Civil LJ 467 (P&H).
7. Cease-deedRegistration of1If a lease is entered into after grant of permission for
period exceeding eleven months, it is contended, it would require registration by virtue of the
provisions of the Registration Act. In normal circumstances a lease for a period exceeding
eleven months would require registration. Inasmuch as the tendency that is postulated by the
Rent Control Act is a statutory tenancy, whether for a limited period or an unlimited period,
former by virtue of the provisions of Section 21 of the Delhi Rent Control Act, 1958 and the
latter by virtue of the protection given by Section 14 of the Delhi Rent Act, the provisions of
Registration Act would not be attracted. Vijay Kumar Bajaj v. Inder Sain Minocha, AIR 1982 Del
260 at p. 266.
The term of a lease observed by the Allahabad High Court, in Munshi Lal v. Gopi Bhallabh,
AIR 1914 All 120, for purposes of registration must, however, be understood to mean the period
for which the lease is protected against dispossession at the will and pleasure of his leassor, or
in other words the length of time for which lessee is entitled to continue in possession, provided
he himself fulfils all the stipulated conditions. The leases before us, are, therefore, leases for a
term of thirty years, they are also leases, reserving a yearly rent. The District Judge has
referred to certain reported cases such as Khyali v. Hussain Baksh, ILR 8 All 198 and Khuda
Baksh v. Sheo Din, ILR 8 All 405.

The case of Itazam Fatima v. Ali Baksh, 10 Ind Cas 314 (All) was decided with express
reference to the terms of the Registration Act (XX of 1866) which was in force when the lease
then under consideration was registered. There does not seem to have been anything in the
provisions of the leases discussed in any of those cases which bound the lessor to maintain the
lessees possession for a longer period than one year if he did not see fit to do so, however,
scrupulously the leassee might have performed his part of the contract.
The terms of the lease can be decided from the words of the lease itself Ramu Shau v.
Gowro Ratho, AIR 1921 Mad 337. If the period is indefinite, in any case more than years, it was
held that such lease is not admissible in evidence for the want of registration. Kidarnath v.
Dangar Mal, AIR 1931 Lah 501.
A lease according to the definition gives in Section 105 of the Transfer of Property Act is a
demise or a transfer of a right to enjoy immovable property for a term or in perpetuity in
consideration of a price paid or promised or services or other things of the value to be rendered
periodically of on specified occasions to the transferor. The relationship of landlord or tenant,
as is clear from the definition, is the creature of contract between the parties. The rate of rent
duration of lease, purpose of letting, etc. all are governed by the terms of the contract entered
into. Vijay Kumar v. Inder Sain, AIR 1982 Del 260 (DB). It is a contract for transfer of the right
to enjoy immovable property for consideration, Banwarilal Lal v. Ramswaroop, AIR 1974 Raj
178 (DB). The essential requirements of the lease are, therefore, (i) there should be a transfer of
a right to enjoy immovable property, (ii) it should for a certain time, express or implied or in
perpetuity, and (iii) it be in consideration of a price paid or promised, Rati Lal v. Abdul Hasan
Ali, AIR 1982 Guj 266 (DB). It is emphasised by the Supreme Court that the essential
characteristic of a lease is that the subject is one which is occupied and enjoyed and the
corpus of which does not in the nature of things and by reason of the user disappear. Reference
has also been made to the dictum of the Judicial Committee of Privy Council in Thakur
Girdhari Singhs case Thakur Girdhari Singh v. Megh Lal Pandey, AIR 1977 PC 163.
An agreement for lease, which a lease is by statute declared to include, must, in their
Lordships opinion, be a document which effects an actual demise and operates as a lease. The
phrase which in the context where it occurs and in the statute in which it is found must in
their opinion relate to some document which creates a present and immediate interest in the
land.
The compromise decree expressly provides that unless the sum of Rs. 8,000 was paid
within the stipulated time the Singhs were not to execute the decree or to take possession of
the disputed property until the payment was made, it was impossible to determine whether
there would be any under lease or not. Mangan Lal v. Md. Moinul Haque, AIR 1951 SC 11.
Where in a suit by the lessees, a compromise was effected and in doing so the defendant
second set were made servient to the plaintiff as under leases and the rate of rent was also
altered and a new relationship between the plaintiff and defendant second set was created
which was in the nature of a under lease. This would naturally require registration. Mangan
Lal Deoshi v. M.M. Haqure, AIR 1951 SC 11.
Alteration of a material term of the lease could not be effected without registration. Karnani
Industrial Bank Ltd. v. Bengal Provinces, AIR 1949 Cal 47 (DB).
Where the document was sought to be relied upon by plaintiff for proving his character of
possession and not for proving any terms of lease deed then, no prejudice would be caused to

respondent by marking the document. Kausalya Ammal v. Valliammal Ammal, 1998 (3) Civil LJ
444 (Mad).
An unregistered lease deed is admissible in evidence and can be looked into for purpose of
effecting rights on landlord and tenant created under document. Satish Kumar v. Zarif Ahmad,
1997 (3) Civil LJ 820 (SC).
An agreement between two parties claiming execution of lease, not creating present and
immediate interest in favour of any one not compulsorily registrable. Food Corpn. of India,
Bhopal v. M/s. Babulal Agarwal, AIR 1998 MP 23.
8. Registered-deedRenewalAdmissibility.On 31st May, 1956 the 20 years period under
the original lease deed expired. Admittedly, a registered conveyance for the second 10 years
period was not executed but the exchange of letters, as respects the renewal, would be
admissible under the proviso to Section 49 of the Registration Act for the collateral purpose of
showing the nature and character of possession of M/s. Quality Cut-pieces v. M. Laxmi and Co.,
1984 (2) Bom CR 788 at p. 810 (Bom).
9. Debt and security.A debt is secured on immovable property the debt exists as movable
property and does not become identified with the security or transformed into immovable
property. The separation between debt and security is well established. The debt as
distinguished from security can be assigned without a registered document. Imperial Bank v.
National Bank, AIR 1931 PC 245.
10. Deed of exchange.The plaintiff came up in appeal and the lower appellate Court has
allowed the appeal. It held that the exchange-deed (Ex. A-1) dated 13th May, 1962 was
unregistered and not admissible. The finding of the trial Court that the deed was signed by
Parma Nand Tewari was not challenged before the lower appellate court, but it was contended
that the deed was compulsorily registrable under Section 17, Registration Act. Under Sections
118 and 54, Transfer of Property Act the exchange in respect of the immovable property valued
at more than Rs. 100 could be effected only through a registered instrument. The value of the
house was admittedly Rs. 300 and, therefore, it was hit by the provisions of Section 49,
Registration Act, and could not be looked into. The Court below relied upon two cases and held
that the deed could not be seen even for ascertaining the nature of possession of the defendant
over the disputed land. It is not in the nature of exchange-deed or an inter-party document. It
is signed only by defendant in the shape of an admission recording a memorandum that he
had exchanged certain property with plaintiff. It also detailed the portions that were given to
plaintiff and those came to him. This document is not signed by Jagdish Tewari. This
document at most can be a memorandum of an earlier agreement, but it is not an inter-party
document. This does not create or purport to create any rights in respect of the immovable
property, but only records the facts that any such property was given to plaintiff and such and
such property came to defendant. As this was not an inter-party document, it could not be an
exchange. Exchange is included in the definition of sale under the Transfer of Property Act.
Deed of exchange must be evidenced by an inter-party document. This question was specifically
raised before the trial Court regarding the document as it was a memorandum of exchange like
Ex. A-1, which was a memorandum of partition 1957. Under these circumstances the
document did not require any registration as it was not compulsorily registrable. If the factum
of exchange is accepted, the plaintiff will not be entitled to an injunction as claimed by him in
relief A. Jagdish Tewari v. Parmanand Tewari, 1982 All LJ 187 at pp. 187, 188.

By virtue of clause (a), effect of the registration of the agreement to exchange would be that
far from vesting any title in the immovable property, such a document cannot even affect such
property. Indeed because of clause (c) such a document cannot be received as evidence of any
transaction affecting such property and it is common ground that the proviso to the section is
not attracted. Ashutosh Saha v. Mohammad Usuf Ali, 1987 (1) Civil LJ 341 at p. 345 (Pat); AIR
1929 PC 269Followed.
11. Deed of reconveyance.In view of the matter the deed of reconveyance would not fall
within the meaning of mischief of Section 17(1)(b) or (c) of the Registration Act and as such
does not require to be registered. Neither would such a document require attestation. Therefore,
Section 68 of the Evidence Act would not be applicable to such a document, since it does not
require to be attested it is true that in the instant case the document has been registered as
well as attested but when these formalities are not required by law to be performed in order to
render the said document a valid document, registration and attestation of such a deed can be
considered to be a surplusage. In this situation non-production of attesting witness to prove
the execution of the deed of reconveyance cannot be fatal and will not entitle the Court to
discard the evidence as not proved in accordance with law. Nawal Singh v. Panchaiya Ram, AIR
1983 All 1 at p. 4 : 1982 All WC 717 : 1982 All LR 700.
An agreement for reconveyance does not create any interest in immovable property and,
therefore, there was no necessity for registering such an agreement, where the agreement of
reconveyance, does not create any interest in the immovable property, a release of any right
under that document will also not create any interest in the immovable property and as such
no registration is called for. Chinnakkal v. Chinna Thambi Gounden, AIR 1934 Mad 703.
12. Will-deed.The word will in Section 17 of the Indian Registration Act has to be
construed in the light of the definition thereof in Section 3(57) of the General Clauses Act,
1897, as including a codicil and every writing making a voluntary posthumous disposition of
property. Jagannatha v. Kunja Bihari, AIR 1919 Mad 447. The question whether there is an
intention to create a disposition of property posthumously is one of fact depending upon the
construction of the particular document. Subbamma v. Papayya, AIR 1925 Mad 74. The
intention of the testator has to be gathered primarily from the language of the will. But at the
same time it must be recognised that documents in the vernacular, are often expressed in loose
and inaccurate language and thus sometimes a meaning more extended or more restrict than
the literal meaning may have to be given to particular words in vernacular documents provided
the context justifies doing so. Rajendra Prasad v. Gopal Prasad, AIR 1936 PC 242. The will
must be read as a whole to ascertain the intention of the testator and where the intention is
clearly expressed by unambiguous words in certain clauses, other words in clauses repugnant
to them may be discarded. Kanhya Lal Missir v. Mst. Hira Bib, AIR 1936 Pat 323.
In construing a will of a Hindu it is not improper to take into consideration what are known
to be the ordinary notions and wishes of Hindus with respect to the devolution of property. The
predilections of the class to which the testator belongs may be kept in view. Sashank Bhushan
v. Gopi Bailav, AIR 1935 Cal 716.
The document is a will if it contains specific words of bequest to come into effect after the
death of testator. If there are specific words of devise it is not permissible to ignore them. Dana
Lakshmi v. Pichayya, AIR 1953 Mad 240 (DB).
Though the registration of a will is the option of a party but if it is registered, it adds to its
authenticity. Pargat Singh v. Aas Kaur, 1997 (3) Civil LJ 232 (P&H).

13. Adoption-deed.Document construed by their Lordships obviously contained a

testamentary disposition, there were no words of devise. A bare power of adoption was
conferred on the widow and the object of the adoption was mentioned, namely, to succeed to
the property. Dena Lakshmi v. Pichavya, AIR 1953 Mad 470 (DB).
It was held that the later clause directing her to put the adopted son in possession of the
properties was a statement of the consequences that should follow on the adoption. In that
view they held that the authority to adopt being in writing and not contained in a will and not
being registered, it was in-operative to confer such authority under Sections 17 and 49,
Registration Act. Jagannatha Bheema Deo v. Kunja Behari Deo, AIR 1922 PC 162 (2).
14. Composition-deed.Composition deed has been described in Article 22 of Schedule 1
of the Indian Stamp Act as any instrument executed by a debtor where by he conveys his
property for the benefit of his creditors. Though the Stamp Act may not be in pari materia with
that of the Registration Act even then the term Composition deed should be taken in the same
meaning as described in the Stamp Act vide AIR 1914 Bom 55 (DB). For such type of deed it is
sufficient where the debtor conveys his property by the deed for the benefit of the creditors.
Such type of deed comes under Section 17(2)(i) of the Registration Act. Chandra Shankar v. Bai
Magan, (1914) 24 Ind Cas 730. Where no property was conveyed by the debtor for the benefit of
the creditor but an agreement was executed to ensure payment in full to the creditors stating
all possible arrangement even including the right of suit held such document does not come
within the scope of composition deed. Official Assignee of Madras v. Subba Rao, AIR 1934 Mad
697. Where a trust is created by compositions deed, held it cannot be exempted from the
registration. Govind Ram Seksaria v. Madangopal, 1916 All WR 29 (PC). The exemption is
available to the composition deed when the debtor creates any interest therein or conveys the
property for the benefit of his creditors. Todarmal v. Chironjimal, AIR 1956 MP 25 (DB).
If the defendants had failed to carry out agreement by handing over their property to the
creditors, the plaintiffs should have filed a suit against them for enforcing the novated
agreement joining the other creditors as co-plaintiffs. That a composition deed does not require
registration is clear enough from Section 9(2)(a), Gwalior Registration Act, Samvat 1971
corresponding to Section 17(2)(i), Indian Registration Act. Todarmal v. Chironji Lal, AIR 1956
MP 25 (MB).
Observed that the agreement embodied in Ex. D-1 and D-4, as was rightly pointed out by
the learned Counsel for the respondent, was a composition between the defendants and their
creditors including the plaintiffs and was fully supported by consideration. The consideration
was the mutual agreement of the creditors to forego parts of their claims and the specification
of certain properties belonging to the defendants for the satisfaction of debts, which the
creditors would not have otherwise got. The composition was not a mere accord but a binding
contract. The plaintiffs, who were parties to the composition cannot. Therefore, be permitted to
resile from it and to sue the defendants for the recovery of the debts. T. Rochaldas v.
Dharmadas, AIR 1929 Sind 49.
15. Deed of Pasupukumkuma.In Pathuri Gangaraju v. State of Andhra Pradesh, it was
clear that on 19th August, 1969, the deed of Pasupukumkuma has been executed and taxes
have been paid for and on behalf of the donee. Therefore, there is no hesitation in holding that
the gift by way of pasupukumkuma has been established. It has been held by Andhra Pradesh
High Court that a deed of Pasupukumkuma does not require any registration. Therefore, the
revision Court was entitled for the exclusion of the land, given away to his daughter by way of

Pasupukumkuma from his holding. Pathuri Gangaraju v. State of Andhra Pradesh, AIR 1981 AP
30 at p. 34.
16. Lease-deed should be registered.The leasor transferred to the lessee rights in the
demised premises indefinitely subject only to the latter continuing to pay the rent. This means
that the lease was for a term exceeding one year. On this conclusion it required registration in
view of Section 17(1)(d) of Act 16 of 1908. Kishore Chand v. Dharam Pal, AIR 1968 P&H 385 at
p. 387.
A lease, according to Section 105 of Act IV of 1882, is a transfer for consideration of a right
to enjoy the property. Obviously, the right transferred in such a property is transferred by the
leassor in favour of the lessee. As in any other transfer, so in this type of transferor or the
lessor lays his conditions of limitation if any, on the extent of the right transferred. The right
vesting in the lessee can thus only be limited at the time of the transfer, for the matter of the
transfer, by him, and equally obviously enough not by the transferee or the leasee. The latter
can, of course, accept any conditions subject to which he takes the transfer, but the extent of
the right transferred is determined by the transfer in that respect made by the lessor and not
by the lessee. On this consideration, if the duration of a lease is to be determined from the
contents and context of a rent-note or a lease-deed, which is otherwise not clear or admits of
an argument on the basis of the intention of the parties, then what has to be seen is that what
was the right and to what extent that right has been transferred by the lessor to the lessee.
Kishore Chand v. Dharam Pal, AIR 1968 Punj 385.
The lease was, at least for a period of fifteen months and, consequently, for a period
exceeding one year. Section 107 of the Transfer of Property Act was thus, clearly applicable and
such a lease could not have been validly made, except under a registered instrument.
Admittedly, there was no registration of the documents which constituted the lease and,
consequently, the firm could not claim any rights on the basis of this lease evidenced by
unregistered document. Delhi Motor Co. v. U.A. Basurkar, AIR 1968 SC 794 at p. 797.
An unregistered deed cannot be looked into. As a matter of fact, this is the view expressed
in number of later cases. Some of these are as under :
(i)

Sita Maharani v. Cheddi Mahto, AIR 1955 SC 328;

(ii)

Budh Ram v. Ralla Ram, (1987) 4 SCC 75;

(iii)

Sanyasi Raju v. Kandula Kamappadu, AIR 1960 AP 85;

(iv)

Ram Nath Mandal v. Jojan Mandal, AIR 1964 Pat 1 (FB).

In the instant case after an order was passed by the High Court on 24th April, 1985, a
further finding has been recorded by the trial Court on 31st January, 1994 holding that a lease
for a period of three years came into existence w.e.f 1st August, 1950 to 1st August, 1953. This
finding has been recorded after appreciating the contents of unregistered lease-deed. This
document could not be looked into. Merely because some resolution was passed by the Nigam
or some letter was addressed to the Nigam, which was not followed by execution of any deed
would not lead to the conclusion that some lease had come into existence. The method and
manner in which the contracts are to be entered into, has been indicated in the Municipalities
Act. Section 54 is relevant. In this regard, a reference may be made to a decision given by the
Supreme Court in the case of H.S. Rikhey v. N.D.M.C., AIR 1962 SC 554. Their Lordships of the
Supreme Court have categorically held that unless and until the method and manner indicated
in the Act is followed no lease can be said to have come into existence. It was categorically held

that no relationship of landlord and tenant would come into existence. The relevant
observations are as under :
Now in order that the transfer of the property in question should be binding on the
Committee, it was essential that it should have been made by an instrument in writing,
executed by the President or the Vice-President and at least two other members of the
committee, and the execution by them should have been attested by the Secretary. If these
conditions are not fulfilled, the contract of transfer shall not be binding on the committee. But
it has been contended on behalf of the appellants that the non-compliance with the provisions
aforesaid to Section 47, quoted above, would not render the contract of transfer of property void
but only voidable. In other words, where the actings of the parties have given effect to the
transactions, as in the instant cases, by delivery of possession of the property by the committee
and payment of rent by the appellants, the absence of formalities would not render the
transactions of no legal effect but it has to be noted that it was not contended on behalf of the
appellants that the provisions of Section 47(3) of the Municipal Act are not mandatory and are
merely directory. Such an argument was not and could not have been advanced because it is
settled-law that the provisions of a statute in those peremptory terms could not be construed
as mandatory.
Thus, there could be no transfer of interest in favour of respondent- defendant by a deed
which was not registered and executed in accordance with the provision of Municipal Act.
It would be apt to deal with the finding recorded by the trial Court after the report was
called from it in terms of Order XLI, Rule 25, Civil Procedure Code. It may be seen that the
deed in question was an unregistered lease-deed and in view of the decision given by the
Supreme Court referred to in para 13 of this judgment an unregistered lease cannot be looked
into. If this be the position then the question of recording of finding that a fresh tenancy came
into existence is not sustainable. The status of the defendant was that of statutory tenant. The
finding recorded by the trial Court when the case was remanded to it under Order XLI, Rule
25, Civil Procedure Code on 31.1.1994 is accordingly reversed.
In view of the above discussion, Court was of the view that :
(i)

that the suit filed by the Administrator of the Nigam was a suit which was properly
filed;

(ii)

a tenancy was created w.e.f. 1st August, 1947 to 31st July, 1950 vide, Ex. P-1;

(iii) tenancy created, vide, Ex. P-1 came to an end by efflux of time;
(iv) the defendant-respondent acquired the status of a tenant holding over or a
statutory tenant;
(v)

the unregistered lease-deed regarding which finding has been recorded by the trial
Court under Order XLI, Rule 25, Civil Procedure Code, is of no consequence and
the finding recorded that another tenancy came into existence is accordingly
reversed; This is because :
(a)

The deed is unregistered and cannot be looked into in view of provisions

contained in Sections 17 and 49 of the Indian Registration Act, 1908.

(b)

No contract can come into existence unless there was a duly executed contract
in terms of Municipalities Act.

(vi) There is no necessity to give any notice under Section 106 of the Act.

(vii) The question of waiver of notice would not arrive under the circumstances. In any
case, there being no express consent given by the landlord, it could not be said that
the right to seek eviction was in any manner waived;
(viii) some deposit of amount with Municipal Fund would not bind the corporation.
In view of the above conclusions the appellant would necessarily be entitled to a decree for
possession. However, a question arises as to whether a claim for damages is sustainable or not.
It is not in dispute that the defendant has continued in possession even after the expiry of the
tenancy. The case of the Nigam is that they had invited tenders and the highest tender was for
Rs. 3,305/-. Nagar Nigam Gwalior v. Rajeshwar, 1996 MPLJ 97.
17. Document, which may serve as evidence of the gift, falls within the sweep of
Section 17 of the Registration Act.This sentence is expressive of the donors intention to
silence all doubts regarding the ownership of the property with the aid of this document. The
donor did not want anyone to challenge the title of the donee to the house in question. This
object could be attained only if it is regarded as a conveyance, a document which effected the
transfer by its own force. If on the other hand, it is a mere record of a past transaction that
would not have the desired effect. There is one circumstance which gives some indication as to
the intention of the executant of the document. The document is attested by two witnesses as
required by Section 123 of the Transfer of Property Act. No doubt this is not conclusive of the
matter. But it is indicative of the desire of the executant that it should serve as evidence of the
gift and not as a memorandum of a past transaction.
Therefore, the document in question falls within the sweep of Section 17 of the Indian
Registration Act and it is chargeable to duty as a gift deed. Inspector-General of Registration and
Stamps v. Smt. Tayyaba Begum, AIR 1962 AP 199 at pp. 200, 201 (FB).
18. Two deeds of wajibularz.The two deeds were beyond the scope of the authority given
by the term of the Wajibularz. First, land could not have been settled for premium taken by the
co-sharers, and that too without reserving any rent. Secondly, land could not be let out for
agricultural purpose. Only the lambardar could admit a person to land for agricultural
purpose. The two deeds were, therefore, clearly invalid, being outside the scope of the authority
given by the said terms of the Wazibularz and the co-sharers, who were not parties to those
deeds could certainly challenge the alienation of land by those deeds to the defendant. There is
one more reason why the attempted transfer of the land in suit by the two deeds must be held
to be valid. The consideration shown in the second one of the two deeds, namely, the deed
dated the 19th January, 1959, is Rs. 125. The deed did purport to create an interest in
immovable property. The lower appellate Court was wrong in treating it as a mere licence. The
terms of the deed clearly make a permanent grant and it clearly required registration under
Section 17(1) of the Act. Jagdish Rai v. Abdul Wahab, 1982 All LR 418 at p. 420 (Deoki Nandan,
J.).
19. Serious disqualification for non-observance of Registration. There can be no
doubt that the strictest construction should be placed on the prohibitory and penal sections of
the Registration Act which impose serious disqualifications for non-observance of registration.
Section 17 of the Act, being a disabling section, must be construed strictly. Brahmanath Singh
v. Chandrakali, AIR 1961 Pat 79 at p. 81.
20. Agreement for repayment.The respondents had obtained financial facilities from the
petitioner bank by creating a mortgage of certain immovable properties by deposit of title-deeds
in favour of the bank. In that behalf the respondent executed an agreement dated 11th

February, 1976 which dealt with the nature of the loan the mode of repayment. They also gave
in writing to the bank memorandum informing the bank of the fact of their having deposited
the title-deeds at an earlier date. That memorandum is dated 11th February, 1976. The suit
filed by the petitioner is for foreclosure of the mortgage and the prayer is for realisation of the
loan amount outstanding, by the sale of the immovable properties. Several issues have been
raised in the said suit. It was held that, the document was not required to be stamped nor
registered. Court below was directed to admit the documents in question in evidence. Syndicate
Bank v. Sowdagar Moinuddin and Sons, (1982) 1 Civ LJ 284 at p. 285 (Kant).
21. Deed of Relinquishment.The deed of relinquishment, in this case, was in respect of
the individual interest of the three Singhania Brothers in the assets of the partnership firm in
favour of the Kamla Town Trust, and consequently, did not require registration, even though
the assets of the partnership firm included immovable property, and was valid without
registration. As a result of this deed, all the assets of the partnership vested in the new
partners of the firm.
Even if it had been accepted that this deed or relinquishment required registration, that
would not lead to the conclusion that the partnership seeking registration was not valid and
had not come into existence in law. The deed of relinquishment could, at best, be held to be
invalid insofar as it affected the immoveable properties included in the assets of the firm; but
to the extent that it purported to transfer movable assets of firm, the document would remain
valid. Commissioner of Income-tax v. Juggilal Kamalapat, AIR 1967 SC 401 at p. 404.
Where a partner assigns or relinquishes his share as such in the partnership, registration
of the award is not necessary even if the partnership owns immovable property worth more
than Rs. 100. However, if the transaction involves the transfer of the immovable property
belonging to the partnership, as contradistinguished from a partners share, registration will be
compulsory if the immovable property involved is worth more than Rs. 100. Chandrabhan
Rupchand Dakhale v. Birdichand Lal Chand Navalakha, 1984 (1) Civil LJ 34 at p. 40 (Bom).
The registration of a document, styled as relinquishment deed, not amounting to
relinquishment deed is not compulsory. Uma Devi v. Shaik Hussain, 1999 (3) Civil LJ 129 (AP).
22. Documents which are compulsory registrable.The law, therefore, appears to be
quite clear that where an instrument evidences creation, declaration, assignment, limitation or
extinction of any present or future right, title or interest in immovable property, or where any
instrument acknowledges the receipt of payment of consideration on account of the creation,
declaration, assignment, limitation or extinction of such right or interest, in those cases alone
the instrument or receipt would be compulsorily registrable under Section 17(1)(b) or (c) of the
Registration Act. But where rights as mentioned hereinbefore are not created etc. by such an
instrument or receipt, then such a document would not be compulsorily registrable. Girdhari
Yadava v. Ram Naik, 1983 All 84 at p. 86 : 1982 All WC 706 (P.N. Bakshi, J.).
Memorandum of deposit of title-deeds.Where the document merely records particulars of
deeds, the subject of a deposit, it was and remained a list of the documents deposited and
nothing more. It did not embody the terms of the agreement between the parties. It has been
further observed that the memorandum was not other than a written record of particulars of
deeds. The subject of an agreement constituted in fact by the act of deposit and the payment of
the money and that it neither purported nor operated to create, or declare any right, title or
interest in the property included in the deeds with the result that it did not require
registration. Obla Sundarachariav v. Narain Ayyar, AIR 1931 PC 36.

In Sher Khan v. Muzaffar Khan, AIR 1920 Lah 321 (1), a receipt, for the balance of the
purchase money on account of the immovable property reciting an oral sale was compulsorily
registrable under clause (c) of Section 17(1), it was held that even though that receipt was not
itself a sale-deed, yet unless it was registered it could not be received in evidence. It was further
held in that case that payment of consideration may be proved aliunde.
A Division Bench of the Allahabad dissenting with view of those cases which held that the
security bonds are not registrable, observed : The Court is bound to give effect to the
provisions of the statute which in our opinion do not exempt the security bond in question from
liability to registration. In our opinion, therefore, where a security bond is offered under Order
XLI, Rule 6 of the Code of Civil Procedure and property worth more than rupees one hundred
is mortgaged such a security bond is registrable under Section 17(1)(b) of the Registration Act
and it is not exempt from registration under Section 17(2)(vi) of the Act. Bisnath Sahu v.
Prayagdin, AIR 1958 All 820 (DB).
In Baldeva v. Dipchand Bhagmal Jat, AIR 1956 Punj 200, it was held that the receipt fell
within Sections 17(1)(b) and (c), Registration Act, as it evidence a transfer of immovable
property. Thus, the receipt was not proveable by oral evidence and was compulsorily
registrable.
Document merely recites the fact of having deposited the title-deeds at an earlier date, is
not required to be stamped, nor registered. Syndicate Bank v. Sowdagar Moinuddin and Sons,
1982 (1) Civil LJ 284 at p. 285 (Kant).
23. Partition-deed.A person may be right to the extent that where a partition deed is
executed at the time when the division in status is brought out, it must be compulsorily
registered. Sikhari Lakshmaiah v. Sikhari Peddamallaiah, AIR 1979 AP 275 at p. 278.
The award so far as it refers to the partition of immoveable properties does not purport to
create or declare any interest or title in immovable property.
The recital in the award is no more than a reference to an existing fact and does not
purport to create or declare; by virtue of the award itself, right, title or interest in immovable
property. Therefore, the award cannot be regarded as compulsorily registrable on the ground
that it embodies a partition. Mattapalli Chelamayya v. Mattapalli Venkataratnam, (1972) 1
SCWR 359 at p. 365.
It will be seen that in the case of an express, completed partition there will be three
different states (i) the stage of effecting a division in status, (ii) the stage of dividing the
properties by metes and bounds, and (iii) the stage of each party taking possession of the
properties allotted to his shares. As far as these three stages are concerned, it is conceded,
having regard to the decided cases, that each and every one of them can be effected orally
without there being a document. Even if there is a written document in prospect of the first
and third stages, then also it is conceded that the document does not require registration,
because neither the division in status nor the actual taking possession of the properties can be
said to create, declare, assign, limit or extinguish any right, title or interest to or in immovable
property. Therefore, it is only with regard to the second stage, namely division of properties in
different shares and allotment thereof to the various members, if the same is reduced to
writing, it requires registration under Section 17(1)(b) of the Act. Under the Hindu law, it is well
settled that severance in status can take place either by the unilateral declaration of one of the
coparceners or by agreement between all the coparceners. Where severance is effected as
above, it is not a transaction which requires any writing and even if it is effected by means of

any instrument in writing, that will not fall within the scope of Section 17(1)(b) of the
Registration Act. Similar will be the position with regard to taking possession of the properties.
From the very nature of the case, once a division of the properties by metes and bounds has
taken place as between the members of a coparcenary and the parties take possession as
exclusive owners of the respective items allotted to them, such a partition assumes a division in
status having taken place between the parties. Therefore, though an unregistered partitiondeed cannot be admitted in evidence to prove the terms of the partition, it can certainly be
admitted in evidence for proving the division in status and the fact of partition. Even though an
unregistered deed of partition as in the present case, is not admissible in evidence for proving
the terms of the partition as well as the items of the properties that were allotted to the
appellant on the one hand and his deceased elder brother on the other, certainly it can be used
as evidence for the purpose of showing the character in which the deceased was in possession
of the properties allotted to his share. Therefore, it can be held that unregistered deed of
partition is admissible for the collateral purpose, namely, to determine the nature and
character of the possession and that the other material on record could also be taken into
consideration for the purpose of coming to a decision that the possession of the properties in
question by the deceased was referable to a division of the properties between the parties
concerned, and accordingly the deceased and the first defendant had perfected title to the
properties by adverse possession. C.S. Kumaraswami v. Aravagiri Gounder, AIR 1974 Mad 239
at pp. 243, 247.
Partition, unlike the sale or transfer which consists in its essence of a single act, is a
continuing state of facts. It does not require any formality, and, therefore, if parties actually
divide their estate and agree to hold in severally, there is an end of the matter. Roshan Singh v.
Zile Singh, AIR 1988 SC 881 at p. 887.
To test to determine whether the document relating to a partition is a partition-deed or
merely a memorandum of an oral partition is whether it was intended by the parties that the
document was to sever as the depository of the arrangement arrived at by them. If the
document was intended to be evidence of the partition effected between the parties thereto, it is
a partition and requires registration. Bhaggal and others v. Rangi Lal and others, AIR 1986 All
163 at pp. 166, 167.
Partition list merely recording what had already taken place is not registrable. Ram Nagina
Sah v. Harihar Sah, 1966 BLJR xliv (Sum).
The use of the past tense does not necessarily indicate that it is merely a recital of a past
transaction. It is equally well-settled that a mere list of properties allotted at a partition is not
an instrument of partition and does not require registration. Section 17(1)(b) lays down that a
document for which registration is compulsory should, by its own force, operate or purport to
operate to create or declare some right in immovable property. Therefore, a mere recital of what
has already taken place cannot be held to declare any right and there would be no necessity of
registering such a document. Two propositions must, therefore, flow; (1) A partition may be
effected orally; but if it is subsequently reduced into a form of a document and that document
purports by itself to effect a division and embodies all the terms of bargain, it will be necessary
to register it. If it be not registered, Section 49 of the Act will prevent its being admitted in
evidence. Secondly, evidence of the factum of partition will not be admissible by reason of
Section 91 of the Evidence Act, 1872 (2); (2) partition lists which are mere records of a
previously completed partition between the parties, will be admitted in evidence even though

they are unregistered, to prove the fact of partition. General Officer, Commanding-in- Chief v. Dr.
Subhosh Chandra Yadav, AIR 1988 SC 876 at p. 885.
A partition may be effected orally, but if the parties reduce the transaction into a formal
document to be the evidence of partition, it has the effect of dividing the exclusive title of the
co-sharer to whom a particular property is allotted by partition and is thus within the mischief
of Section 17(1)(b) of Registration Act. Smt. Kalimoyee Ghosh v. Narendra Nath Ghosh, AIR 1979
Cal 22 at p. 224.
This intention to separate may be manifested either in writing or orally. Law places no
obligation on members of a joint family in this regard that the agreement to separate must be
in writing. Even if parties only agree in writing to separate without effecting any division as
such, no registration is required. However, the above rule is not applicable when partition
among co-sharers takes place. When partition of immovable property worth more than Rs. 100
is effected among co-owners it requires both a written instrument and registration. Balkrishna
Das Agarwal v. Smt. Radha Devi and others, AIR 1989 All 133 at p. 138.
But partition in the former sense of defining the shares only without specific allotments of
property has no reference to immovable property. Such a transaction only affects the status of
the member or the members who have separated themselves from the rest of the coparcenary.
The change of status from a joint member of a coparcenary to a separated member having a
defined share in the ancestral property may be effected orally or it may be brought about by a
document. If the document does not evidence any partition by metes and bounds, that is to
say, the partition in the latter sense, it does not come within the preview of Section 17(1)(b),
because so long as there has been no partition in that sense, the interest of the separated
member continues to extend over the whole-joint property as before. Such a transaction does
not purport or operate to do any of the things referred to in that section. Hence, in so far as the
documents referred to above are evidence of partition only in the former sense they are not
compulsorily registrable under Section 17 of the Registration Act. Nani Bi v. Gita Bai Kom
Ramagunge, AIR 1958 SC 706.
Where the document reveals no easement would be acquired by the person or his
representatives-in-interest with respect to existing openings in the portion of the house which
fell to him in partition, does not intend to create any right or extinguish any right in the
immovable property, held such document is not registrable. Sher Mohammad v. Mt. Mahbub
Begum, AIR 1936 Lah 905.
Where the recitals of the document clearly shown that it was a partition-deed and not a
document reciting earlier partition as it effects division of properties of the father of the parties
and adjustment of shares as per equities worked out on that day itself and, therefore, it was
held compulsorily registrable and for want of the same, it was inadmissible in evidence. A
petition filed the present revision petition. G. Sarangapani v. H. Kankaiah, 1995 (2) ALT 617
(AP).
Where an Exhibit 2 shows that partition had taken place long before the execution of this
document and this document was executed to avoid future disputes and record factum of
earlier division of the property between the co-sharers. In the meantime, PWs 1 and 2 made
slightly discrepant statements about the date and time of partition, the fact remains that as
they were not tutored for the purpose, so such inconsistencies are naturally to be expected in
their depositions. The aforesaid document and found that it is simply a memorandum of the
shares between the two brothers. As Exhibit 2 appears to be a simple memorandum and not a
partition-deed, it need no registration. Learned Lower Appellate Court rightly found that such

document could not have been prepared for the purpose of this suit and both the executants of
the document were dead long before the arising of this controversy, none of them assailed its
genuineness during their lives, this document did not declare the respective shares of the
parties nor it evidenced a partition so as to attract Section 17(1)(b) of the Act. So this
contention also is repelled. Nabi Rasool v. Mohd. Maqsood, AIR 1982 All 503 at p. 505, 506.
It is a settled law that whenever a partition is brought about by a deed itself then it requires
registration. For this reference may be made to the decision given by the Supreme Court
reported as Tek Bahadur Bhuji v. Debi Singh Bhujil, AIR 1966 SC 292 and Maturi Pullaiah v.
Maturi Narasimham, AIR 1966 SC 1836.; Munnalal v. Pallavi Barve, 1996 All HC 3366 (MP).
A partition deed, under Section 17-B of Act being compulsorily registrable, is inadmissible
in evidence. D. Agashin v. Devasagayan, AIR 1999 Mad 341. See also K. Pattabiraman v. K.
Banumati, 2002 (1) CCC 86 (Mad).
24. Adoption-deedWhen requires registration.The declaration by the deed of adoption
by a widow that from the very day the adopted son as the natural son of herself and her
husband, has acquired all kinds of, and entire rights in, all her own and her husbands own
and ancestral, moveable and immovable properties, may by registered if at all under Section
18(f) of the Registration Act. Biswanath Agarwalla v. Smt. Dhapu Debi Jajodia, AIR 1966 Cal 13
at pp. 19, 20.
In Mani Ram v. Dharam Singh, 1973 Punj LR 787 at p. 790, it was held that under Section
47 of the Act, a registered document will be operative from the time from which it would have
commenced to operate, if no registration thereof had been required or made, and not from the
time of its registration. Therefore, even though the sale-deed in the instant case was registered
on 26th March, 1954, it would operate from 28th August, 1953 when it was actually executed.
In Shankar Prasad v. Mst. Muneshwari, AIR 1969 Pat 304, it was laid down under Section
47 of the Act that a registered document becomes operative at the time from which it would
have commenced to operate, if no registration thereof was required or made and not at the time
of its registration. When once a sale-deed is registered, the vendee gets title under that
document as operative from the date of its execution.
25. Execution of the sale-deeds in respect of a property.In Mahadeo Singh v. Mian
Din, AIR 1938 All 431, quoted in Jangi v. Board of Revenue, U.P., AIR 1981 All 191 at p. 192 :
1981 All LR 291. K.P. Singh, J., wherein a single Judge of the Allahabad High Court has held
as under :
....A sale-deed is completed when it is executed by the vendor. The registration is not part
of the execution, though it is necessary under law for making the deed valid. After
executing the deed, it is not open to the executant to go back on his agreement and
revoke it. The mere fact that the deed has not been registered does not affect the
completion of the execution because even if the executant be not willing or agreeable to
get the deed registered, the son in whose favour the deed has been executed has a right
under the registration law to get the deed forcibly registered. Registration does not
depend on the consent of the executant but is an act of an officer appointed by law for
the purpose who, if the deed has been executed must register it if it is presented by a
person having the necessary interest within the prescribed period. Neither death nor
express revocation by the executant is a ground for refusing registration, if the other
conditions are complied with.

In Chander Singh v. Jamuna Prasad Singh, AIR 1958 Pat 193, a single Judge of that Court
has also made the following observations :
In my opinion a sale is complete when a sale-deed is executed by the vendor and the
vendor has no right in law to rescind or revoke the sale, registration or no registration.
After a sale is completed by execution of a deed, registration comes as a matter of
course and is not dependent upon the volition of the vendor. It can be brought about
compulsorily in the event of refusal by the vendor to assent to the registration.
In Gayatri Prasad v. Board of Revenue, 1973 RD 354 : 1973 All LJ 412, a Division Bench of
the Allahabad High Court has observed in paragraph 17 of the judgment as below :
The subsequent transferee stands in no better position. The sale-deed executed in her
favour stood completely nullified and the title which it purported to pass stood defeated
by the compulsory registration of the sale-deed in favour of the plaintiff, because that
deed had been executed earlier, and under Section 47 of the Registration Act, it
operated to transfer title with effect from an earlier date. Of the two completed saledeeds the one which is earlier takes priority after registration.
Suit for specific performance of contract of sale of immovable property Rule of lis pendence
sale-deed executed before institution of suit. But registered thereafter. Held, such sale deed
cannot be regarded as executed pendente lite and rule of lis pendence not applicable. Darshan
Yadav v. Murat Yadav, 1997 (1) All PLR 242.
26. When a sale be effective.It is an elementary proposition of law that where
immovable property is of the value of over Rs. 100 the transfer of such immovable property by
way of sale can be effected only by a registered instrument executed by the transferee. The
transfer would not be effective so as to pass title in the immovable property to the transferee
unless the instrument of transfer is registered.
Though the transfer cannot be effected except by a registered instrument, as soon as the
instrument of transfer is registered, it operates from the time from which it would have
commenced to operate if no registration was necessary and the transfer takes effect not from
the date of registration of the instrument of transfer but from the date on which the instrument
was executed. So far as the transferor is concerned, all that he is required to do for the purpose
of effecting the transferee.
Once the instrument of transfer is executed by the transferor he has done everything in his
power to convey the immovable property to the transferee. Then comes the next step of
registration. Registration does not depend upon the consent of the transferor but it is the act of
an officer appointed by law for the purpose, who, if the instrument of transfer is executed by or
on behalf of transferor, must register it if it is presented by a person having the necessary
interest within the prescribed period. Neither death nor express revocation by the transferor is
a ground for refusing registration if the other conditions are complied with. Registration is,
therefore, a necessary solemnity in order to make the transfer by way of sale enforceable but as
soon as that necessary solemnity is carried out and the instrument of transfer is registered,
the transfer becomes effective not from the date of registration but from the date of execution of
the instrument of transfer. Ibrahim Chittubhai v. Receiver, AIR 1968 Guj 272 at pp. 274, 275.
The Bench held that if a sale-deed was executed earlier but registered subsequently, then
by virtue of Section 47 of the Indian Registration Act, the title would be deemed to be
transferred with effect from the date of the execution of the sale-deed. It has further been held
that out of the two completed sale-deeds the one which is earlier takes priority after

registration. The facts in the case of Gayatri Prasads (supra) are identical to the facts in the
present case. The principle laid down in Gayatri Prasad case is fully applicable in the present
case supports the contention raised by the learned Counsel for petitioner. Ram Adhar v. Board
of Revenue, 1984 AWC 365 : 1984 ALJ 15 (NOC).
27. Registered-deed will operate from the sale of execution.Where two deeds are
executed on different dates, but the registration of the earlier deed is effected, for any cause
whatsoever, later than that of the subsequently executed deed, the first executed deed has
priority over the subsequently executed one, notwithstanding the fact that the subsequently
executed deed is registered some time before that of the earlier executed deed. Once it has been
established that there was a cancellation of the sale in favour of the defendant by mutual
consent, the mere registration of the document Ex. B-1 for sale, subsequent to the cancellation
would not end did not convey any title to the defendant. Thirumagaral Mudaliar v. Muruga Pillai,
AIR 1960 Mad 55 at p. 56.
A sale-deed is operational from date of its execution and not from the date of its
registration. Pawan Kumar Rai v. State of Bihar, 1998 (3) PLJR 373.
28. Successive sale-deed executed property.The provisions of Section 47 of the
Registration Act are attracted to all the successive sale-deeds executed by the same vendor in
respect of the same property. The question of priority has, therefore, to be determined only with
reference to the principle embodied in Section 48 of the Transfer of Property Act. Section 48 of
the Transfer of Property Act incorporates an important principle that no man can convey a title
better than what he himself possesses. If a person effects a transfer of property in accordance
with law, he cannot thereafter deal with the property already transferred by him. If a person
has effected a transfer of property, he cannot thereafter deal with the same property, ignoring
the rights already created by the earlier transfer effected by him. Therefore, the sale-deed dated
the 17th September, 1962 executed by plaintiffs 1 and 2 in favour of the defendant prevails
over the sale-deeds dated 10/11th October, 1962, executed by plaintiffs 1 and 2 in favour of
plaintiff No. 3, notwithstanding the fact that the sale-deed dated 17th September, 1962 was
registered long after the sale-deeds dated 10.11.1962 were registered. Azeezulla Sheriff v.
Bhabhutimal, AIR 1973 Mys 276 at p. 280.
It is seen that a registered document operates from the date of its execution and not from
the date of registration. The result is that if two registered documents are executed by the same
person in respect of the property to two different persons at different times, the one which was
executed first has priority over the other, although the former was registered subsequently to
the latter. The above ratio of law was laid down by the Apex Court in the case of K.J. Nathan v.
S.V. Maruthi Rao, AIR 1965 SC 430.
The above decision was reiterated by the Apex Court in the case of Thakur Kishan Singh
(dead) v. Arvind Kumar, AIR 1995 SC 73.
Section 47 of the Registration Act provides that a registered document shall operate from
the time it would have commenced to operate if no registration thereof had been required or
made and not from the time of its registration. It is well-established that a document so long it
is not registered is not valid yet once it is registered it takes effect from the date of its execution.
See Ram Saran Lall v. Mst. Domini Kuer, AIR 1961 SC 1747 (1749); Nanda Ballabh Gururani v.
Smt. Maqbool Begum, 1980 UJ (SC) 597. Since admittedly, the lease deed was executed the
plaintiff after registration of it became owner by operation of law on the date when the deed
was executed.

It is held that in view of execution of sale-deed in favour of the defendant No. 2, the same
shall prevail over sale-deed the latter was executed afterwards. The plaintiff thus did not
acquire any right, title over the suit land on the basis of sale-deed.
As the plaintiff failed to establish his title and also his possession over the suit land, he is
not entitled to any decree. The interpretation of sale-deed and certified copy of sale-deed by the
Trial Court and as well as the Appellate Court was incorrect. Mahendra Kar v. Babul Kumar,
AIR 2001 Gau 29.
29. Registered document takes effect from the date of its execution.It is true that
between the parties to the exchange or between the transferor and the transferee the registered
document takes effect from the date of execution, but as regards a third party the point of time
at which the deed becomes effective is when it is registered. If under Section 47 of the
Registration Act the registered document is held effective against a person who is not a party to
the deed it will entail great hardship on that person, because he has absolutely no knowledge
of the date of the execution of the document, and the document cannot be effective against him
from the date of which he has no knowledge. The date of exchange in the present case so far as
the plaintiff is concerned would, therefore, be not the date when the document was executed
but the date when it was registered. Nabir Ganai v. Mohd. Ismail Ganai, AIR 1960 J&K 112 at p.
113.
30. When a registered document may operate retrospectively. Under Section 47 of the
Registration Act a document after registration operates retrospectively from the date of its
execution. In spite of this express provision to that effect, it has been held that a right of preemption must be determined as on the date of registration and not on the date of execution.
Ram Saran Lal v. Mst. Domini Kuer, AIR 1961 SC 1747.
31. Completion of registration process and its effect.Their Lordships held that the
right of pre-emption can be exercised after the completion of the sale under Section 54 of the
Transfer of Property Act sale of property of the value of Rs. 100 and more can be made only
by a registered instrument. Registration is not complete till the document has been copied out
in the records of the Registration Office under Section 61 of the Registration Act. Their
Lordships emphasised that Section 47 of the Registration Act has nothing to do with the
completion of the registration and, therefore, nothing to do with the completion of the sale. A
sale which is admittedly not completed until the registration of the instrument is completed,
cannot be said to have been completed earlier merely because under Section 47 the instrument
by which it is effected, after it has been registered, commences to operate from an earlier date.
Similarly, the effect of the bhumidhar certificate can commence only after the formality of its
grant has been completed. The fact of its completion cannot be influenced by the retrospectivity
of its operation after it has been issued. Ramdeo v. Deputy Director of Consolidation, AIR 1968
All 262 at p. 265.
32. Registration and doctrine of lis pendens.A deed of transfer executed before the
institution of a suit in respect of the property covered by the transfer but registered after the
filing of the suit, is not affected by the doctrine of lis pendens. Smt. Sudama Devi v. Rajendra
Singh, AIR 1973 Pat 199 at p. 205.

33. Pre-emption application may effect the second transaction. In a case when the
pre-emption applications were filed the second transfer deed was not registered and, therefore,
held that the petitioner could not have any knowledge of the second transaction though they
were executed prior to the filing of the pre-emption application. Kadam Lal Yadav v. Additional
Member, Board of Revenue, AIR 1979 Pat 179 at p. 180.
34. Pre-emptionRight of.Though under the section a document after registration
operates retrospectively from the date of its execution, yet a right of pre-emption has to be
determined as on the date of registration and not on the date of execution. Ramdeo v. Dy.
Director of Consolidation, AIR 1968 All 262.
His duty of pre-emptor to make out a fool proof case if he wants to succeed, as the right to
pre-emptor is a weak right. Rudal Singh v. Additional Member, Board of Revenue, 1998 (2) All
PLJR 183 (HC) : 1998 (2) PLJR 497.
Application for pre-emption will lie only when all the three parties, the transferor, the
transferee and the pre-emption are land holder. Right of pre-emption is a weak right which can
be defeated by any legitimate means. Nathuni Singh Yadav v. State of Bihar, 1998 (1) BLJ 148 :
1998 BBCJ 165.
Pre-emption cannot be allowed, as land is actually not being transferred for want of all
amount of consideration. Amarendra Kr. Singh v. Additional Member, Board of Revenue, 1998 (3)
PLJR 192.
35. Validity of deed.Undoubtedly the Sub-Registrar in order to be satisfied that there is
no impersonation may, require some person known to him to identify those who admit
execution before him but in case the persons who have executed the deed before him are
known to him, the failure to endorse that fact on the deed does not render the deed invalid. In
any event if those who executed the deed admit having executed the deed, the fact that the
Sub-Registrar failed to endorse the fact of the persons being known to him would not render
the deed invalid. A General power-of-attorney is not a compulsorily registrable document. Syed
Abdul Khader v. Reddy, AIR 1979 SC 553 at p. 559.
Where in a sale-deed there was an endorsement by the Sub-Registrar that an amount of
Rs. 7,000 was paid by the vendee to the vendor but the same was sought to be denied orally by
the vendor.
That there is a presumption of the entry made under Section 48(1)(c), Registration Act
because of the provisions of Section 60(2) of the Indian Registration Act. It is for the party who
wants to allege contrary to prove his contention. Apart from the bare word of the plaintiff, no
evidence was led to rebut the presumption which had arisen under Section 60(2). Bare denial
of receipt of any consideration by the plaintiff contrary to the statutory presumption would be
of no avail nor sufficient to rebut the statutory presumption. Shiv Das Loknathsingh v. Gaya
Bai, 1993 Mah LJ 1623.
36. Proof of mortgage-deed.In Kunwar Surendra Bahadur Singh and others v. Thakur
Behari Singh and others, AIR 1939 PC 117, it has been held that one of the
The Registration Act is a special law and the period provided under Section 77 is the
limitation for bringing the suit. There were conflicting opinion on the point whether Section 4
or 12 of the Limitation are applicable in computation of the period but such conflict was ended
by amendment of Section 29 of the limitation by Limitation (Amendment) Act No. 10 of 1922,

and the operation of the Limitation Act was also extended to the special Act. Syed Hasan Imam
v. Brahmdeo, AIR 1930 Pat 301. Any period prescribed by the special Act will be deemed as if
the same was prescribed by the limitation Act. Sati Prasad v. Govind Chandra, AIR 1929 Cal
325.
A Division Bench of Madras High Court was impressed with the emphasis on the short time
fixed for adjudication of questions relating to registration in part, 22 of the Registration Act,
Cutts Trotter, CJ observed in this connection :
I should have thought that looking at the statute alone, it is clear that the object of the
Legislature was to provide a remedy of very short period of limitation for putting right a
wrongful refusal to register and that must be held to be the remedy and the only
remedy given by law. Satyanarayana v. Venkata Rao, AIR 1926 Mad 530.
37. Execution of sale-deed.The provisions of Section 77 of the Act are in the nature of
an enabling provision which is designed to cut short an otherwise longer remedy of a suit to get
the document registered through specific performance. A party is, however, free to choose a
longer and different course and may even seek remedy against the defaulting party on the basis
of the original contract without confining its claim to get the document registered. If the
document could be registered and it was proved to the satisfaction of the Registrar that the
document had been duly executed, the Courts have no option but to order registration of the
document. In the proceedings under Section 77 of the Act, the only order that the civil Court
can pass is to direct the registration of the document. It does not, however, take into account
those rights of the party, in whose favour the document has been executed, which flow and
arise from the original transaction. Bhagwati Prasad v. Smt. Katori Devi, 1981 All LJ 677 at pp.
681, 682.
38. Release-deed.If the document is in effect a deed of release, neither the fact that it is
labelled as being a deed of transfer nor the fact that the word release is not used in the body
of it, can take it out of Article 1(3) of the Table of Fees. What the Court has to determine is the
substance of the document and not the label which it bears, and the Court cannot allow the
ingenuity of the draftsman to affect the question of the document before it which must be
governed by the real nature of the document. The label of the document as a deed of transfer is
an obvious misnomer for it does not operate to transfer any property. Leela Dhundiraj Divekar v.
E.C. Shinde, Sub-Registrar, AIR 1990 Bom 109 at 113.

2. ADOPTION
SYNOPSIS
1. General.
2. Pre-requisites of valid adoption.
3. Letter of AdministrationGrant of
4. Model Forms
(1) Adoption of male child
(2) Deed of adoption of Son

(3) Adoption by unmarried Hindu Woman

(4) Adoption by a Hindu Widow
(5) Adoption of son by Hindu male without consent of wife
(6) Declaration by Guardian
(7) Consent of wife to adopt
(8) Authority given to wife to adopt
(9) Deed executed by adoptive father and natural guardian
(10) Adoption from guardian of son
(11) Adoption without consent of step mother
(12) Adoption of female child
(13) Adoption of male child from orphanage

1. General.The law of adoption has been codified under the Hindu Adoptions and Mainte
nance Act, 1956, so far as the Hindus are concerned. Now adoption by or to a Hindu has to be
made in accordance with the provisions of the said Act and adoption made in contravention
thereof shall be void. An adopted child shall be deemed to be the child of his or her adoptive
father or mother for all purposes with effect from the date of the adoption and from such date
all the ties of the child in the family of his or her birth shall be deemed to be severed and
replaced by those created by the adoption in the adoptive family. Taking a son is substitute
for the failure of male issue and its object is two fold (i) to secure the performance of the
funeral rites of the person to whom adoption is made and (ii) to preserve the continuance of his
lineage. In other words, the main object of adoption under strict Hindu law seems to be to
secure spiritual benefit for the adoptor, though its secondary object is to secure an heir to
perpetuate an adoptors name, (AIR 1966 Punj 258).
Where adoption takes place earlier to the enactment of the Act of 1956, the adoptee is not
entitled to the protection of Proviso (b) to Section 12 of Hindu Adoptions and Maintenance Act,
1956. [R.N. Murthy v. R.R. Sarma, AIR 2003 NOC 50 (AP) : 2002 AIHC 315 (AP)].
As contemplated under the Hindu law, there is complete severance of the adopted child
from the family of his birth and such child is completely substituted into the adoptors family
as if it were born in it except in respect of marriage. No adoption which has been validly made
can be cancelled by the adoptive father or mother or any other person nor can the adopted
child renounced his or her status as such and return to the family of his or her birth. [Lakhmi
Chand v. Tara Chand, AIR 2003 P&H 75].
2. Pre-requisites of valid adoption.According to provisions of Sections 6 to 11, 15 and
16 of the Hindu Adoptions and Maintenance Act following are the pre-requisites of a valid
adoption :
(1) Perquisites of a valid adoption.No adoption shall be valid unless,
(i)

the person adopting has the capacity, and also the right, to take in adoption;

(ii)

the person giving in adoption has the capacity to do so;

(iii) the person adopted is capable of being taken in adoption; and

(iv) the adoption is made in compliance with the other conditions (Section 6).
(2) Capacity of a male Hindu to take in adoption.Any male Hindu who is of sound
mind and is not a minor has the capacity to take a son or a daughter in adoption :

Provided that, if he has a wife living, he shall not adopt except with the consent of his wife
unless the wife has completely and finally renounced the world or has ceased to be a Hindu or
has been declared by a Court of competent jurisdiction to be of unsound mind.
Explanation.If a person has more than one wife living at the time of adoption, the consent
of all the wives is necessary unless the consent of any one of them is unnecessary for any of
the reasons specified in the preceding proviso. (Section 7)
(3) Capacity of a female Hindu to take in adoption.Any female Hindu,
(a)

who is of sound mind,

(b)

who is not a minor, and

(c)

who is not married, or if married whose marriage has been dissolved or whose
husband is dead or has completely and finally renounced the world or has ceased
to be a Hindu or has been declared by a Court of competent jurisdiction to be of
unsound mind,

has the capacity to take a son or daughter in adoption. (Section 8)

(4) Persons capable of giving in adoption.(1) No person except the father or mother or
the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of sub-section (3) and sub-section (4) of Section 9 of the Hindu
Adoptions and Maintenance Act, 1956, the father, if alive, shall alone have the right to give in
adoption, but such right shall not be exercised save with the consent of the mother unless the
mother has completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a Court of competent jurisdiction to be of unsound mind.
(3) The mother may give the child in adoption if the father is dead or has completely and
finally renounced the world or has ceased to be a Hindu or has been declared by a Court of
competent jurisdiction to be of unsound mind.
(4) Where both the father and mother are dead or have completely and finally renounced
the world or have abandoned the child or have been declared by a Court of competent
jurisdiction to be of unsound mind or where the parentage of the child is not known, the
guardian of the child may give the child in adoption with the previous permission of the Court
to any person including the guardian himself.
(5) Before granting permission to a guardian under sub-section (4) the Court shall be
satisfied that the adoption will be for the welfare of the child, due consideration being for this
purpose given to the wishes of the child having regard to the age and understanding of the
child and that the applicant for permission has not received or agreed to receive and that no
person has made or given or agreed to make or give to the applicant any payment or reward in
consideration of the adoption except such as the Court may sanction.
Explanation.For the purpose of this section,
(i)

the expressions father and mother do not include an adoptive father and an
adoptive mother;

(ii)

guardian means a person having the care of the person of a child or of both his
person and property and includes,
(a)

a guardian appointed by the will of childs father or mother, and

(b)

guardian appointed or declared by a Court; and

(iii) Court means the Civil Court or a District Court within the local limits of whose
jurisdiction the child to be adopted ordinarily resides. (Section 9)
(5) Persons who may be adopted.No person shall be capable of being taken in adoption
unless the following conditions are fulfilled, namely,
(i)

he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has not been married, unless there is a custom or usage applicable to the
parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or
usage applicable to the parties which permits persons who have completed the age
of fifteen years being taken in adoption. (Section 10)
(6) Other conditions for a valid adoption.In every adoption, the following conditions
must be complied with,
(i)

If the adoption is of a son, the adoptive father or mother by whom the adoption is
made must not have a Hindu son, sons son or sons son (whether by legitimate
blood relationship or by adoption) living at the time of adoption;

(ii)

if the adoption is of a daughter, the adoptive father or mother by whom the

adoption is made must not have a Hindu daughter or sons daughter (whether by
legitimate blood relationship or by adoption) living at the time of adoption;

(iii) If the adoption is by a male and the person to be adopted is a female, the adoptive
father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive
mother is at least twenty-one years older than the person to be adopted;
(v)

the same child may not be adopted simultaneously by two or more persons;

(vi) the child to be adopted must be actually given and taken in adoption by the
parents or guardian concerned or under their authority with intent to transfer the
child from the family of his birth (or in the case of an abandoned child or a child
whose parentage is not known, from the place or family where it has been brought
up) to the family of its adoption :
Provided that the performance of datta homam shall not be essential to the validity of an
adoption. (Section 11)
(7) Valid adoption not to be cancelled.No adoption which has been validly made can be
cancelled by the adoptive father or mother or any other person nor can the adopted child
renounce his or her status as such and return to the family of his or her birth. (Section 15)
(8) Presumption as to registered documents relating to adoption. Whenever any
document registered under any law for the time being in force is produced before any Court
purporting to record an adoption made and is signed by the person giving and the person
taking the child in adoption, the Court shall presume that the adoption has been made in
compliance with the provisions of this Act unless and until it is disproved. (Section 16)
3. Letter of AdministrationGrant of.A male is entitled to adopt, but if he is married the
consent of the wife is a must. This section clearly shows that unless the wife gives consent the
husband cannot take adoption but that does not mean that th wife is authorized to take
adoption by the husband. Adoption has to be taken factually or legally by the male in case of

marriage, and not by the wife. In other words, the wife has no capacity to adopt even with the
consent of the husband under Section 7 of Hindu Adoption and Maintenance Act. A decision of
the Bombay High Court in support of this proposition is reported 1977 (79) Bom LR 426. The
judgment rendered by a single Judge on interpretation of the provisions of Sections 4, 5 and 8
of the Act has held that a Hindu wife cannot validly adopt even with consent of her husband.
Before enactment of the Act, under Hindu custom and religion a Hindu female had no right to
adopt any son or daughter. By this Act, under the provisions of Section 7, a Hindu male has
been given exclusive right to adopt under the circumstances and conditions mentioned therein.
While under Section 8 a Hindu female has been given right under the conditions mentioned
therein. The gender discrimination in the matter of adoption which prevailed prior to this Act
has been eliminated by enactment giving both male and female right to adopt under Sections 7
and 8, respectively, under the Act. Thus it is clear that during subsistence of a marriage a wife
has no right to adopt, only to give consent in adoption if taken by her husband, meaning
thereby it is the husband who is to take decision and initiative and such right of adoption of
husband is inchoate until consent is given by his wife. [Smt. Malati Roy Chowdhury v.
Sudhindranath Majumdar, AIR 2007 Cal 4].
4. Model Forms :
(1) Adoption of male child
THIS DEED of adoption is made on this 16th day of March, 2001 between AB son of late
CD aged about 59 years resident of 339, Bandra West, Mumbai hereinafter described as first
party and AC s/o DC aged about 48 years r/o 139, Lower Parel, Mumbai, hereinafter described
as the second party.
WHEREAS the first party is an issueless old man of 59 years of age and his wife P is not
maintaining good health and on account of advanced age the first party is not in a position to
look after her and is desirous to adopt a child to take care of her in future.
WHEREAS the second party has four sons and is willing to give his third son SK aged about
8 years in adoption to the first party hereto.
WHEREAS P the wife of AB the first party hereto, has given her consent for the adoption of
said S.K.
AND WHEREAS Y, the wife of AC and her husband AC have given their consent for giving
their son in adoption to first party hereto.
Now, this deed of adoption witnesseth as under :
1. That first party has taken and the second party has given his son in adoption to-day
in a ceremony in presence of friends and relatives.
2. That the said S.K. shall enjoy all rights of an adopted son of AB from the date of
adoption.
3. That the first party hereto undertakes responsibility of proper upkeeping of the
adopted child including his maintenance and education.
4. That the second party shall have no claim in regard to custody or for that matter
any other right.
In witness whereof the parties abovementioned have put their hands on this deed on the
date aforementioned.
Signature of witnesses :

Signature of the parties.

AB, AC, P and Y.
(2) Deed of adoption of Son
THIS DEED of adoption is made on this 17th day of March, 2000 between A son of B aged
about 56 years resident of the 141, Rabindra Sarani, Calcutta, hereinafter described as first
party and Y s/o Z aged about 40 years resident of 36 Civil Lines, Patna, hereinafter described
as the second party.
WHEREAS the first party was desirous of taking a male child in adoption and with that end
in view has been looking for a suitable boy for being adopted.
WHEREAS the second party Y, agreed to give his son KK in adoption to the first party.
THIS DEED of adoption, therefore, witnesseth as under :
1. That first party has taken and the second party has given KK in adoption in a
customary religious ceremony attended by relatives and friends of the parties hereto
on the date mentioned hereinbefore.
2. That wives of i.e. C wife of A and D wife of B hereto have also consented to the
adoption of KK.
3. That KK has become adopted son of first party for all intents and purposes.
4. That KK shall enjoy and inherit all rights and privileges as adopted son of A in
accordance with the personal law applicable.
In witness whereof the parties hereto and their wives have put their hands on this deed of
adoption in presence of the undersigned witnesses, here, at Calcutta, on the date
aforementioned.
Witness
Signature of the parties
1.
2.
3.
4.
A
B
C
D
Witness
(3) Adoption by unmarried Hindu Woman
THIS DEED of adoption is made of this............day of2001 by Km. AB daughter of SP by
caste Kurmi, resident of 2, M.G. Marg, Nagpur, and aged about 45 years.
WHEREAS I remained unmarried and have no intentions to marry in future,
AND WHEREAS having attained age of 45 years and keeping in view the problems faced by
old people in the last part of their life, I want to adopt a male child,

AND WHEREAS AC has agreed to give his third son KK aged about 9 years in adoption,
Now, this deed of adoption witnesseth as under :
1.

That I have adopted and AC has given his son KK in adoption to me today in a
religious ceremony performed for that purpose which was attended by relatives and
friends of both the parties hereto.

2.

That KK has become my adopted son and has ceased to be son of his erstwhile
natural father.

3.

That DD wife of AC has also consented to this adoption.

4.

That for all purposes KK shall henceforth enjoy the rights of my adopted son.

In witness of the above-mentioned, I alongwith AC and his wife CC have put their hands to
this deed on the date aforementioned.
Witnesses
Signature of parties.
1.
2.
(1) AB
(2) AC
(3) DD
(4) Adoption by a Hindu Widow
THIS DEED of adoption made on this 19th day of March, 2001 by A widow of B aged 50
years resident of 111, Harsh Nagar, Kanpur, hereinafter described as first party and P s/o R
aged 38 years resident of 3, Mall Road, Allahabad, hereinafter described as the second party.
WHEREAS B husband of A expired about 10 years back and being issueless A is facing
problems on account of her ailment of old age and was desirous of adopting a male child to
look after her presently and to perform her last rites on her demise.
AND WHEREAS the second party who, has five sons and two daughters agreed to give his
second son N in adoption to the first party.
Now, this deed of adoption witnesseth as under :
1. That A has adopted N as his son and P has given him in adoption to A in religious
ceremony duly attended by relatives and friends on the date of execution of this
deed.
2. That N has now become adopted son of A for all purposes and shall enjoy all rights
and privileges of son of A.
3. That WA wife of A and WP wife of P have given their consent to the adoption of N in
presence of persons present in the ceremony.
4. That with effect from today N has ceased to be legal son of second party and shall
have full rights of ownership and inheritance in respect of the estate and property of
the first party. Said N shall perform all necessary ceremonies and after adoptions to
first party and his ancestors.
5. That first party shall bring up N according to his status in respect of his education
and marriage etc.

In witness whereof, the parties aforementioned have signed this deed in presence of the
witnesses, here, at Kanpur, on the date stated herein earlier.
Signature the parties
1. AP
2. WA
3. WP
(5) Adoption of son by Hindu male without consent of wife
THIS DEED of adoption is made on this Twentieth day of March, 2001 by AA s/o BB by
caste Brahman, by religion Hindu, residing at 36, Aminabad, Lucknow.
I, aforementioned AA, hereby declare that I have attained, age of 49 years. I have no son
and there is no probability of having a son or sons, son or sons sons son in future so I
adopted KK aged about of 7 years s/o Sri CC aged about 40 years by caste Brahman and by
religion Hindu residing at 111, Harsh Nagar, Kanpur after performing usual ceremonies in
presence of my relatives and friends and also those of Sri CC on the date aforementioned, I
have taken KK to my house as my lawful adopted son. CC the natural father of KK has
consented to the adoption and willingly handed over KK to me as my adopted son. Said CC
shall have no claim regarding KK and KK shall have no concern whatsoever with his natural
father henceforth. Said KK shall have all rights and obligation just like my natural born son.
THIS DEED of adoption is hereby executed by me so as to avoid any dispute in future and,
witness whereof I have put my signature here at Lucknow, on the date aforementioned.
Witnesses
Signature of executant
(.....................)
1. Signature
(.....................)
Address
2. Signature
(.....................)
Address
(6) Declaration by Guardian
I, AK s/o BK by caste Kayastha and by religion Hindu, resident of 35-E, Salt lake, Kolkata,
do hereby declare as under :
1.

That I am Guardian of KK s/o DK r/o 3, Alipore, Kolkata, appointed by the Court.

KK has attained age of 10 years.

2.

That in the interest of KK I have given him in adoption to JK on this 17th day of
March 2001 to Sri NK s/o JK r/o Bara Bazar, Kolkata.

3.

That I have obtained permission of the District Judge, Kolkata (East vide orders of
the Court dated 5.3.2001).

4.

That giving and taking ceremony was performed by me and said Sri NK today at the
residence of the later in presence of our friends and relatives.

5.

That KK shall hereafter be known as adopted son of Sri NK.

Signature of witnesses
Signature of AK Guardian of KK appointed
by order dated 3.7.1997 of
District Judge Kolkata (E)
(..............)
1. Signature
(.....................)
Address
2. Signature
(.....................)
Address
(7) Consent of wife to adopt
Be, it known to all that I, AK wife of BK residing at, hereby consent to the adoption of KK
aged 8 years, son of GK by my husband BK the said KK as our son.
In witness whereof, we the said AK and BK have executed these presents on 10th May,
2001.
Witnesses :
(1)
(2)
Signatures
1. AK
2. BK
(8) Authority given to wife to adopt
I, A s/o AA aged about 56 years by caste Vaishya, by religion, Hindu residing at 6 Daraganj,
Allahabad, do hereby authorise my wife WK to adopt KK aged 8 years s/o NK r/o 36 Katra,
Allahabad, to me and to herself after my death and in case of said KK prior to proposed
adoption I further authorise here to adopt any other boy from my caste.
Witnesses :

Signature of A

(1) Signature and address

Date 6.3.2001

(2) Signature and address.

Place - Allahabad.

(9) Deed executed by adoptive father and natural guardian

Be, it known to all that I, AP s/o KP residing at 1 Gandhi Marg, Bhopal and GM wife of late
MM residing at 9 Sashtri Nagar, Bhopal, have taken and given KK aged 9 years s/o Late AC as
my son. Said MM died on 31.3.1996 and GM mother of KK became natural guardian of his son.
I adopted KK and GM has given her son KK to me in adoption on this the 20th day of March
2001 in a religious ceremony organised for the purpose and attended by the relatives and
friends at my residence wherein my wife KL consented to the said adoption.
Now, this is hereby declared that KK has henceforth become my adopted son, that he has
ceased to be member of his family of birth and that he has become entitled to all rights and
liable to all obligations of my adopted son.

In witness of the aforementioned, we have put our hands on the date given hereinabove
presence of the undermentioned witnesses here at Bhopal.
Witnesses :

Signatures
AP

(1) Signature and address

KL
GM
(2) Signature and address
(10) Adoption from guardian of son
THIS DEED of adoption made on this 20th day of July, 2000 between AK son of BK residing
at 440 Chowk, Allahabad, (hereinafter called the FIRST PARTY) of the First Part and AD son of
GD residing at 3, Collectorganj, Kanpur, (hereinafter called the Second Party) of the Second
Part.
WHEREAS the FIRST PARTY has no son, sons son or sons sonss son living and is willing
to adopt a male child and approached the SECOND PARTY who has been appointed a
Guardian of J son of L aged about 8 years (hereinafter called the ADOPTEE) by the Court of
District Judge at........in order to give J in adoption to the FIRST PARTY,
AND WHEREAS the SECOND PARTY being competent to give the adoptee in adoption
because of the death of parents of J in an accident some three years back, has agreed to give
him in adoption to the FIRST PARTY,
AND WHEREAS the SECOND PARTY has been permitted by Order No..........dated............in
Act VIII case No.........of............Judge, Allahabad to give the adoptee in adoption to the FIRST
PARTY,
AND WHEREAS the giving and taking of J in adoption and other customary ceremonies
were performed on in the presence of relatives and friends of both the parties at............,
AND WHEREAS the parties considered it expedient and necessary that a proper Deed of
Adoption be executed as an authentic record of such adoption in order to avoid any dispute in
future, NOW THIS DEED WITNESSETH as follows :
1. The parties hereto do hereby declare that the adoptee, J has been duly adopted by
the FIRST PARTY as his son on the 20th July, 2000.
2. That the said adoptee J has and shall have from the date of the said adoption all the
legal rights of an adopted son as conferred by the law in force.
3. That the FIRST PARTY shall be responsible for the maintenance and education of the
said J and the FIRST PARTY hereby undertakes to bring up his adopted son as his
natural born son and according to his status in life.
4. That the SECOND PARTY shall have no claim regarding custody of J or otherwise in
any matter relating thereto.
5. That the FIRST PARTY has not paid nor shall make any payment to the SECOND
PARTY in consideration of giving J in adoption.
IN WITNESS WHEREOF AK and AD have executed these presents on the date
aforementioned here at Allahabad.

Witnesses :
(1)
(2)
Signature of AK
Signature of DK
(11) Adoption without Consent of Step Mother
THIS DEED OF ADOPTION is made on this 10th day of April, 2001 BETWEEN AK son of
MK aged 30 years by religion Hindu, residing at 136, Parel, Mumbai, (hereinafter referred to as
the ADOPTIVE FATHER) of the ONE PART and CK son of JK aged 28 years, by religion Hindu,
residing at 66, Gokhale Marg, Pune, (hereinafter referred to as the NATURAL FATHER), of the
OTHER PART.
WHEREAS the ADOPTIVE FATHER has no son, grandson or great-grandson living and he is
in need of adopting a male child to be his son and the son of the wife, KM,
AND WHEREAS the ADOPTIVE FATHER approached CK the NATURAL FATHER for
adopting his son NN aged 8 years,
AND WHEREAS the NATURAL FATHER has agreed to give his son NN in adoption to the
ADOPTIVE FATHER,
AND WHEREAS the ADOPTIVE FATHER has obtained the consent of his wife KM to the
said adoption,
AND WHEREAS the NATURAL MOTHER of the said child DD is dead and the NATURAL
FATHER being married to W who is the step-mother of the child DD and whereas consent of the
step-mother W is not necessary for the said adoption,
AND WHEREAS there is no impediment either in law or in fact for taking in adoption by the
ADOPTIVE FATHER or giving in adoption by the NATURAL FATHER of the said NN,
Now there presents witnesseth and the parties hereby record and agree as follows :
The said NATURAL FATHER after performing the religious ceremony before a gathering of
friends and relatives the parties hereto held at the residence of NATURAL FATHER on the date
aforementioned has given the said son to the ADOPTIVE FATHER who has taken the said NN in
adoption as his son.
The said adopted child shall have all the legal rights of a natural son of the ADOPTIVE
FATHER from to-day.
In witness whereof the parties hereto have put their hands to the deed of adoption in
presence of the witnesses undermentioned.
Signature of the witnesses

Signature of the parties

AK

(1) Name and address

CK
KM
(2) Name and address
(12) Adoption of female child
THIS DEED OF ADOPTION is made on this 10th day of October, 1991 BETWEEN BA son of
LK aged 45 years by religion Hindu, residing at 10/B, Civil Line, Delhi-110 006 (hereinafter

referred to as the ADOPTIVE FATHER) of the ONE PART and BD, son of DK aged about 43
years, by religion Hindu, residing at 15 Metcalf Road, Delhi-100 007 (hereinafter referred to as
the NATURAL FATHER) of the OTHER PART.
WHEREAS the ADOPTIVE FATHER has no child male or female and whereas the ADOPTIVE
FATHER is desirous of adopting a daughter to look after him as his wife has died long ago.
AND WHEREAS the NATURAL FATHER has 6 daughters all unmarried aged between 4 and
15 years of age,
AND WHEREAS the ADOPTIVE FATHER approached the NATURAL FATHER for taking in
adoption, the third daughter D of the NATURAL FATHER,
AND WHEREAS the NATURAL FATHER is not in a position to maintain properly all his
daughters because his wife is invalid and of unsound mind,
AND WHEREAS the said daughter, D is not married and consent of the wife of ADOPTIVE
FATHER cannot be obtained as she is dead and the consent of the wife of NATURAL FATHER is
impossible to obtain inasmuch as she is of unsound mind,
AND WHEREAS the difference in age between the adoptive father and the daughter to be
taken in adoption is more than twenty one years, and there is no impediment in giving the said
daughter D in adoption to the ADOPTIVE FATHER,
NOW, THIS DEED WITNESSETH as follows :
The NATURAL FATHER in the circumstances, has this day before a gathering of friends and
relatives of both the parties held at the NATURAL FATHERS residence at 11 a.m. given the said
D his third daughter in adoption to the ADOPTIVE FATHER.
The ADOPTIVE FATHER has taken the said D in adoption as his daughter.
The said daughter D shall have all the legal rights of a Hindu daughter of the ADOPTIVE
FATHER as if she were the ADOPTIVE FATHERS Natural Daughter.
IN WITNESS WHEREOF the parties hereto have executed these presents in the presence of
the friends and relatives after the ceremony was over and two of the friends and relatives have
hereunto signed as attesting witnesses on the day, month and year aforementioned.
WITNESSES :
1.
2.
Signature of
BA (ADOPTIVE FATHER)
BD (NATURAL FATHER)
(13) Adoption of male child from orphanage
THIS DEED OF ADOPTION made on this 4th day of April, 2001 BETWEEN B son of K aged
about 50 years, by religion Hindu, residing at 8-A, Sardar Patel Marg, Allahabad, (hereinafter
referred to as the ADOPTIVE FATHER) of the ONE PART and D, son of P aged about 50 years by
religion Hindu, residing at 3 J.L. Nehru Road, Allahabad, working as Superintendent of Jyoti
Orphanage having its registered office at 136, Narayani Ashram, Allahabad, and Guardian of
NN aged 10 years, one of the orphans, duly appointed by the Dist. Judge of Allahabad by an
Order dated (hereinafter referred to as the GUARDIAN) of the OTHER PART.

WHEREAS the ADOPTIVE FATHER has no son, grandson or great grandson.

AND WHEREAS the ADOPTIVE FATHER intends to adopt a son to look after him in his old
age and to offer oblations to the ADOPTIVE FATHER and his ancestors,
AND WHEREAS the ADOPTIVE FATHER approached the said GUARDIAN who is in-charge
of the Jyoti Orphanage, a Voluntary Social and Welfare Organisation, situated at Allahabad,
giving shelter and maintaining orphan children to give the ADOPTIVE FATHER in adoption a
male child to be his adopted son,
AND WHEREAS the said GUARDIAN being satisfied about the bona fide intention of the
ADOPTIVE FATHER and also being satisfied that such adoption will be in the best interest of
the child.
AND WHEREAS the ADOPTIVE FATHER APPROVED THE SELECTION OF NN the Guardian
agreed to give NN in adoption and NN expressed his willingness to be the adopted son of the
said ADOPTIVE FATHER.
AND WHEREAS the GUARDIAN applied to the Dist. Judge at Allahabad for the necessary
permission to give the said NN in adoption to the ADOPTIVE FATHER and the said Dist. Judge
gave permission to give NN in adoption to the ADOPTIVE FATHER by an order dated 10th June,
1999 in Act VIII Case No...........of............
AND WHEREAS GS the wife of the ADOPTION FATHER has also given her consent to the
said adoption of NN by the ADOPTIVE FATHER,
Now, this deed of adoption WITNESSETH as follows :
The said D, the GUARDIAN as the Superintendent of Jyoti Orphanage being fully satisfied
after enquires about the bona fide intentions of the ADOPTIVE FATHER and in best interest of
NN has before the respectable persons and officials of the Jyoti Orphanage put the said child in
the possession of ADOPTIVE FATHER who has physically received the said NN in adoption as
his son and that the said NN shall have from this day full and complete right, title and interest
in the property of the said ADOPTIVE FATHER in accordance to the law and shall have all
obligations of a son including the offering of obligations to the said ADOPTIVE FATHER and his
ancestors.
IN WITNESS WHEREOF the parties hereto executed these presents in the presence of
several respectable persons and officials of the Jyoti Orphanage on the date aforementioned in
the office of the Jyoti Orphanage at Allahabad.
WITNESSES :
1.
2.
Signature of ADOPTIVE FATHER,
Signature of Superintendent and GUARDIAN,
Signature of ADOPTIVE MOTHER

3. AFFIDAVIT

SYNOPSIS
1. AffidavitMeaning of
2. Affidavit of increaseMeaning of
3. Authorities before whom affidavits may be sworn
4. Essentials of affidavits.
5. Affidavits to be used in proceedings under Section 145, Cr PC cannot be sworn before third class
Magistrate
6. Affidavit sworn before District Clerk of Court
7. Affidavit of good faith.
8. Contents of affidavit
9. Power to order attendance of deponent for cross-examination.
10. Matters to which affidavit shall be confined.
11. Allahabad High Court Amendment.
12. Supreme Court Rules for affidavit
13. Oath on affidavit by whom to be administered.
14. Whether defect in verification in affidavits under this section.
15. Duty of Notary.
16. Affidavit in answer, filing.
17. Affidavit of documents.
18. Matter to which affidavit shall be confined.
19. Affidavit as per requirements of the Court.
20. Affidavit by petitioner
21. Affidavit denying averment.
22. Affidavit, deposition based on information.
23. Affidavit in proceeding under Article 226 of Constitution.
24. AffidavitNature and source of knowledge to be disclosed.
25. Affidavit not properly drawn up or verified.
26. Affidavit on interlocutory application, statements true to ones belief.
27. Affidavit verifying petition for winding-up.
28. Affidavit, reliability of.
29. Allegations in petition to be supported with necessary particulars to make out prima facie case.
30. Averments in affidavits not based on personal knowledge
31. Defect in verification.
32. Filing of false affidavit.
33. Proper affirmation of affidavit.
34. Supreme Court directing Union of India to file affidavit
35. Verification of affidavit.
36. AffidavitVerification of which not accepted.
37. Oath on affidavit by whom to be administered.
38. Affidavit under Oaths Act.

39. Affidavits in a case under Section 145, Cr PC to be sworn before Magistrate who is seized of the
case.
40. AffidavitPower to administer oath or affirmation.
41. Affidavit sworn before Clerk of District Court appointed as Commissioner of Oaths.
42. AffidavitsTo be filed before appropriate Officer of Court.
43. AffidavitWhether Third Class Magistrate competent to administer oaths and affirmations.
44. Affidavit which may be used as evidence in proceeding under Section 145, Cr PC.
45. Defective preliminary orderEffect.
46. Judicial proceeding cannot consist of recording of a statement on oath.
47. Having authority to receive evidenceMeaning of.
48. Affidavit under Notaries Act.
49. Affidavits in a case under Section 145, Cr PC to be sworn before Magistrate, who is seized of the
case.
50. AffidavitSworn or affirmed before Notary.
51. Courts and persons authorised to administer oath or affirmation.
52. Power to order any point to be proved by affidavit.
53. Adjudication on affidavits.
54. Affidavits, cannot be used as evidence under Evidence Act.
55. AffidavitDefect in verification..
56. Affidavit, evidentiary value of..
57. Affidavit not constituting evidence.
58. AffidavitNot to be treated as evidence.
59. Affidavit in execution petitions.
60. AffidavitProving of facts by.
61. Affidavit to be properly verified in accordance with law.
62. Affidavit to be specific without containing expression of opinion.
63. Affidavit, use of, as admission.
64. AffidavitsUse of conjunction.
65. Affidavit, verification of.
66. AffidavitWhen filed by Law Officer on behalf of I.G. Registration.
67. Model Forms.
(1) Application-cum-affidavit.
(2) Letter of indemnities (Scooter).
(3) Declaration of age before an Insurance Co
(4) Bank Locker
(5)

Letter of Identity with respect to payment of balance in the deceased constituent account
without production of legal representation

(6) Before the State Bank of India Karchana Branch Allahabad

(7) Loss of Booking Slip of New Gas Connection
(8) Loss of subscription voucher in Gas ServiceAffidavit on appropriate Court Fee Stamp
(9) Loss of subscription voucher
(10) Affidavit of process-server to accompany return of a summons or notice
(11) Order for affidavit as to documents

(12) Affidavit as to documents

(13) Affidavit of assets to be made by a judgment-debtor
(14) Application under Section 5 of Limitation Act along with affidavit
(15) Affidavit

1. AffidavitMeaning of.A written statement sworn before a person, having authority to

administer an oath. Vide Whartons Law Lexicon, 14th Reprint Ed. at pp. 38, 39.
Affidavit of documentsMeaning of.An affidavit by a party against whom an order for
discovery has been made specifying all the documents, material to the matters in dispute in
the action which are or have been in his possession or power. Vide Whartons Law Lexicon,
14th Reprint Ed. at p. 39.
2. Affidavit of increaseMeaning of.Affidavit of payment of increased costs, produced on
taxation, of the costs of the pleadings, and the office fees of the proceedings, in the cause down
to trial, the record will, in general, sufficiently inform the taxing master, but the amount of the
costs of the trial, including the evidence and the subpoenaing of and any payment to witnesses,
counsel and court-fees must be supported by affidavit, commonly called the affidavit of
increase. Vide Whartons Law Lexicon, 14th Reprint Ed. at p. 501.
3. Authorities before whom affidavits may be sworn.(1) Affidavits to be used before
any Court under the Code may be sworn or affirmed before,
(a)

any Judge or Magistrate, or

(b)

any Commissioner of Oaths appointed by a High Court or Court of Session; or

(c)

any notary appointed under the Notaries Act, 1952 (53 of 1952).

(2) Affidavits shall be confined to, and shall state separately, such facts the deponent is able
to prove from his own knowledge and such facts as he has reasonable ground to believe to be
true, and in the latter case, the deponent shall clearly state the ground of such belief.
(3) The court may order any scandalous and irrelevant matter in the affidavit to be struck
out or amended. Vide Section 297, Cr PC. 1973.
4. Essentials of affidavits.(i) Affidavit must contain nothing but bare facts known to the
deponent either personally or upon information from a source which he believes to be a correct
source, and one on which reliance can be placed. AIR 1914 All 197 : 15 Cr LJ 164 : 1975 Cr LJ
948 (All).
(ii) Affidavits must be properly verified. 1965 AWR 838 : 1963 (1) Cr LJ 512.
(iii) When the rules require that affidavits should bear court-fee stamps, an affidavit
bearing a non-judicial stamp is inadmissible in evidence. AIR 1931 Cal 344 : 32 Cr LJ 674.
(iv) The officer attesting the affidavit must certify that he had satisfied himself about the
identity of the deponent and that deponent had owned the statements contained in the
affidavits. Mere word, attested is not enough. 1974 Chand LR (Cr) 100 : 1973 Chand LR (Cr)
156 : 1978 Chand LR (Cr) 83.
(v) The person before whom the affidavit is sworn, must be acting in the capacity of a court
or officer authorised to administer an oath. AIR 1966 Raj 5 : 1966 Cr LJ 60 : AIR 1963 All
256 : 1963 (1) Cr LJ 722.
(vi) The want of the seal of the Court, before whom the affidavit is sworn, does not make is
bad. AIR 1927 Lah 376.

(vii) The deponent may instead of signing his name, affix a stamp bearing his name, or a
mark when he is unable to write. AIR 1928 Mad 175.
(viii) An affidavit should clearly express how much is a statement of the deponents
knowledge and how much is a statement of the information or belief with sufficient
particularity. 38 CWN 77 : 37 Cal 259 : AIR 1924 at 312 : 36 All 13 : AIR 1939 Esh 38 : 40 Cr
LJ 47 : 1981 Cr LJ 928 : 1975 Cr 948 (All).
(ix) the source of the information must be disclosed. AIR 1932 Cal 255 : 33 Cr LJ 369 : AIR
1926 at 54.
(x) The contents of affidavit must be read over to the deponent in a language which he
understands and vouched by him to be correct. 1965 AWR 838 : AIR 1914 All 195 : 15 Cr LJ
164 : 1975 Cr LJ 948 (All).
(xi) Affidavit signed by officer of the District Judges Court cannot be used in High Court in
support of transfer application. AIR 1931 Cal 710: 33 Cr LJ 61.
(xii) Affidavit of prosecution witness that evidence given by her is false cannot be taken
notice of in appeal. AIR 1933 Lah 998 : 35 Cr LJ 455.
(xiii) A person renders himself liable to prosecution for false statements in evidence. AIR
1927 Sind 128 : AIR 1922 Lah 113 : 23 Cr LJ 399: AIR 1941 All 337 : 42 Cr LJ 883 : But see
20 724 even if he is an accused. AIR 1941 All 337 : 33 All 63.
(xiv) The accused deponent, making a false statement in affidavit will be liable to
prosecution only when the person administering an oath is authorised to do so. 1 Cr LJ 321
(Mad); See also AIR 1929 at 156 : 30 Cr LJ 645 : AIR 1929 Bom 136 : 30 Cr LJ 593.
5. Affidavits to be used in proceedings under Section 145, Cr PC cannot be sworn
before third class Magistrate.A Magistrate, who has no authority to receive evidence in any
matter or upon whom no power is imposed or conferred by law has no authority to administer
oath and affirmation. It is clear that the Third Class Magistrate concerned had no jurisdiction
to receive evidence in this case and as such affidavits to be used before the Sub-Divisional
Magistrate in proceedings under Section 145 of the Cr PC could not be sworn before him. It
was the Sub-Divisional Magistrate before whom the proceedings were pending, who had a duty
to decide the dispute and to receive evidence in the proceedings. The affidavits could, therefore,
be sworn by him or by an officer empowered by him in this behalf and not by any other
magistrate. Hemdon v. State of Rajasthan, AIR 1965 Raj 5 : (1966) 1 Cr LJ 60 : 1965 Raj LW
222.
6. Affidavit sworn before District Clerk of Court.It may be that an affidavit sworn by a
District Clerk of Court may not be good for the purposes of the Code of Criminal Procedure and
vice versa but that is because the restriction is to be found in Section 139 of the one code and
Section 139 of the other. In this view of the matter the affidavit sworn before the District Clerk
of Court, who undoubtedly is a Commissioner of Oaths, can only be excluded by taking an
extreme and technical view which is not justified. Kamal Narain Sharma v. Dwarka Prasad
Mishra, AIR 1966 SC 436.
Case Reversed : Dwarka Prasad Mishra v. Kamal Narain Sharma, 1964 Jab LJ 472 : 1964
MPLJ 682 : AIR 1964 Madh Pra 273.
7. Affidavit of good faith.Affidavit should be filed when privilege is claimed. The
Provincial Government in this case should authorize any of its officers to swear an affidavit on

its behalf. Miss Rajul Raoji Bhai Shah v. Provincial Government of C.P. and Berar, AIR 1951 Nag
212 at p. 124.
The invariable practice of High Court is that the Crown or the State did not stand on any
higher footing than a subject as far as discovery of documents was concerned and the
obligation to make an affidavit of documents was the same upon the State as upon the subject.
Court ordinarily would accept a statement if made on oath. But the statement must not be
of a vague or indefinite character.
A statement of affidavit is only for convenience. Lady Dinbai Dishaw v. Dominion of India,
AIR 1951 Bom 72 : 53 Bom LR 229.
An affidavit required by statute in some jurisdiction to be made by or on behalf on the
mortgagor and to be attached to a chattel mortgage, stating that it is made in good faith and
without any design to hinder, delay, or defraud creditors. Such an affidavit is deemed sufficient
if it complies substantially with the statutory requirement. See 10 Am Jur 766 at p. 767.
(On appeal) an affidavit required by statute in some jurisdictions to be made by or on behalf
of an appellant, stating that the appeal is not taken for delay. Even where such an affidavit is
required to properly perfect an appeal, it will not be held insufficient on technical grounds. [See
3 Am Jur 154] Affidavits similar in character are also required in some States on appeals from
justices courts. See 31 Am Jur 770; Ballentines Law Dictionary, 1948 Ed. p. 52.
According to Whartons Law Lexcion :
A written statement sworn before a person having authority to administer an oath.
By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given
viva voce; but this may be altered by agreement of the parties, or the Court or a Judge may for
sufficient reason order that any particular fact or facts may be proved by affidavit, or that the
affidavit of any witness may be read at the hearing or trial on, such conditions as are thought
reasonable; provided that no such order be made where a witness can be produced and is bona
fide required for cross-examination R.S.C. 1883, Order XXXVIII, Rule 1). A New Procedure is
provided for by R.S.C., Order XXXVIII-A, Rule 8-J. Affidavits must be confined to such facts as
the witness is able of his own knowledge to prove, except on interlocutory motions, on which
statements as to his belief, with the grounds thereof, may be admitted.
As to time for filing affidavits, See Order XXXVIII, Rule 25.
Any affidavit may be sworn to either in print or in manuscript, or partly in print and partly
in manuscript (R.S.C., 1883, Order LXVI, Rule 4).
Where the above rules do not state anything to the contrary, the practice previously existing
in reference to affidavits is still applicable (Jud. Act, 1925, Section 101). In the Chancery
Division, motions and proceedings, commenced by originating summons, are heard on affidavit
evidence. So applications for attachments, certiorari, criminal information, mandamus, quo
warranto, and other processes are usually made on affidavit (see, e.g., Rule 53 of the Crown
Office Rules of 1886), and R.S.C., 1883, Order LII, Rule 4, copies of affidavits intended to be
used on the hearing of a motion for attachment, to set aside an award, and in certain other
cases must be served on the other party together with the notice of motion. Any person who
has made an affidavit in any cause or matter is liable to be cross-examined thereon.
The Commissioners for Oaths Act, 1889 (52 & 53 Vict. C. 10), repealing 24 enactments
from 16 & 17 Car. 2, C. 9, to Section 18 of the Solicitors Act, 1877, regulates the appointment

and powers of commissioners to administer any oath or take any affidavit in England or
elsewhere.
Affidavit of Documents, an affidavit by a party against whom an order for discovery has
been made specifying all the documents material to the matters in dispute in the action which
are or have been in his possession or power.
Affidavit Office in Chancery, abolished by 15 & 16 Vict. C 87, Sections 27 and 29, and its
duties transferred to the Clerks of Records and writs.
Affidavit to hold to Ball. By the Judgments Act, 1838 (1 & 2 Vict. C. 110), Section 3, it was
provided that upon an affidavit of the existence of a debt to the amount of 201, or upwards,
and that a defendant was about to quit England, the plaintiff might apply to a judge to hold
such defendant to bail. The Bankruptcy Repeal and Insolvent Court Act, 1869, Section 20,
repealed the above section and substituted other provisions.
8. Contents of affidavit.Affidavit shall be confined to such facts as the deponent is able
of his own knowledge to prove, except upon interlocutory applications, on which statement of
his belief may be admitted : provided that the grounds thereof are stated. (Order XIX, Rule 3,
CPC). An affidavit must contain the statement of facts and not of law. The facts may be :
(a)

Facts in personal knowledge of the deponent;

(b)

Facts based on information received; and

(c)

Facts found from perusal of the record.

Where the facts stated in the affidavit are based on information received, the source of
information must be clearly stated. Similarly, the particulars of record must also be stated
where the facts are founded on the perusal of documents.
The grounds of belief must be stated with sufficient clarity particularly to enable the court
to judge whether it would be safe to act on the deponents belief. Padmabati Dasi v. Rasik Lal
Dhar, (1910) ILR 37 Cal 295.
Affidavit should be drafted with due care and circumspection.Nothing material should be
left and nothing immaterial should be introduced. Those who are charged with the duty and
responsibility of drawing up affidavits have got to be circumspect and should not make
statements and re-emphasise them when there is no basis, in fact, for such statements.
Krishna Chander v. Chairman, (1962) 2 SCR 187, 192.
Power to order any point to be proved by affidavit.Any Court may at any time for sufficient
reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of
any witness may be read at the hearing, on such conditions as the Court thinks reasonable :
Provided that where it appears to the Court that either party bona fide desires the
production of a witness for cross-examination, and that such witness can be produced, an
order shall not be made authorizing the evidence of such witness to be given by affidavit. Vide
Order XIX, Rule 1, CPC.
9. Power to order attendance of deponent for cross-examination. (1) Upon any
application evidence may be given by affidavit, but the Court may, at the instance of either
party, order the attendance for cross- examination of the deponent.
(2) Such attendance shall be in Court, unless the deponent is exempted from personal
appearance in Court, or the Court otherwise directs. Vide Order XIX, Rule 2, CPC.

10. Matters to which affidavit shall be confined.(1) Affidavits shall be confined to such
facts as the deponent is able of his own knowledge to prove, except on interlocutory
applications, on which statements of his belief may be admitted; provided that the grounds
thereof are stated.
(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or
argumentative matter, or copies of or extracts from documents, shall (unless the Court
otherwise directs) be paid by the party filing the same. Vide Order XIX, Rule 3, CPC.
Under Order XIX, Rule 3 of the Code of Civil Procedure, it was incumbent upon the
deponent to disclose the nature and source of his knowledge with sufficient particularity. The
allegations in the petition are, therefore, not supported by an affidavit as required by law. That
being so, the State Government was fully justified in stating in answer, denied. There is no
restriction on the movement of wheat. The Deputy Secretary in his counter-affidavit has further
denied that the impugned orders of suspension were passed on the direction of the State
Government. The allegations in the writ petition are not sufficient to constitute an averment of
mala fides so as to vitiate the impugned orders of suspension. The Court would be justified in
refusing to carry out investigation into allegations of mala fides, if necessary particulars of the
charge making out a prima facie case are not given in the petition. The burden of establishing
mala fides lies very heavily on the person who alleges it. M/s. Sukhwinder Pal v. State of
Punjab, AIR 1982 SC 65 at p. 70.
Affidavit was filed by the petitioner. Averments therein based on Inspection report preferred
by an officer of respondent Bank. Counter- affidavit was filed denying the correctness or
genuineness of report not filed by Bank, held. It is not open into dispute regarding the
correctness or genuineness of the report. R.R. Delava v. The India Overseas Bank, AIR 1991
Mad 61.
Respondent company filed an affidavit in support of his application. Affidavit was not in
accordance with provisions of Order XIX, Rule 3, Civil Procedure Code. No other evidence was
produced by respondent. It was held that allegation against arbitrator appeared to be an afterthought hence award cannot be set aside on ground of misconduct. Ms. R. Murlidhar Reddy &
Co. v. National Projects Construction Corpn. Ltd., AIR 1987 Del 69.
Affidavits are not included in the definition of evidence in Section 3 of the Evidence Act
and can be used as evidence only if for sufficient reason Court passes an order under Order
XIX, Rule 1 or 2 of the Civil Procedure Code.
In the instant case the plaintiff was not allowed to fill up the lacuna in evidence belatedly
by filing affidavit at the Supreme Court stage. Sudha Devi v. M.P. Narayanan, AIR 1988 SC
1381.
We have already indicated that several expert Committees appointed by this Court have
opined generally against continuing the mining activity in the Valley. The Second Working
Group found in as late as 1987 that limited mining in the on-going mines was not congenial to
ecological and environmental Discipline. Supreme Court by its order on October 19th, 1987.
AIR 1987 SC 2426, called upon the Union of India (at pp. 2428-29) :
....To place before the Court on affidavit the minimum total requirement of this grade of
lime stone for manufacture of quality steel and defence armaments. The affidavit should
also specify as to how much of high grade ore is being imported into the country and as
to whether other indigenous sources are available to meet such requirement. This Court
would also require an affidavit from responsible authorities of the Union of India as to

whether keeping the principles of ecology, environmental protection and safeguards and
anti-pollution measures, it is in the interest of the society that the requirements should
be met by import or by taking other alternate indigenous sources of mining activity in
this area should be permitted to a limited extent. The Court expects the Union of India
to balance these two aspects and place on record its stand not as a party to the
litigation but as a protector of the environment in discharge of its statutory and social
obligation for the purpose of consideration of the Court...
The two affidavits filed on behalf of the Union of India have been dealt with elsewhere in the
judgment and it would be sufficient for the instant aspect to extract from the affidavit of
Secretary to the Government in the Ministry of Environment and Forests, where he has stated :

5.1. Union of India submits that from the point of view of protection of the environment in
the unique Doon Valley, it would be desirable that lime stone mining operations in the
valley are stopped completely. Rural Litigation & Entitlement Kendra v. State of U.P., AIR
1988 SC 2187.
The statement in the counter affidavit is also non-committal. The date of swearing of the
counter affidavit is left blank. In recent times if the officers do not care to sign the counter
affidavits filed before this Court properly and even they do not care to fill up the date on which
they sign. This indifferent attitude on the part of the officers must be discouraged by persons
who have a control of them. S. Sukumar v. Spl. Commissioner of Commercial Taxes, Madras, AIR
1991 Mad 238.
It was held that the verification should be signed by the person making it and state the
date on which and the place at which it was signed. But where the verification was signed by
the deponent without specifying the date and pace of the execution of the affidavit, it is no
ground for rejecting the affidavit. A defect in verification is only an irregularity and is not fatal.
Mehar Singh and others v. Mahendra Singh, AIR 1987 Del 300.
Evidence Act does not apply to affidavit produced in any Court (Section 1) and defines the
term evidence (Section 3). Now, these two basic features of our two procedural laws, are not
without permissible exceptions. Section 30(c), Civil Procedure Code itself provides for
prescribing conditions and limitations for enabling Court to order proof of any fact by affidavit
in appropriate cases. On scanning orders and Rules of Civil Procedure Code, instances of
express permission to act merely, on affidavits can be sorted out e.g. Order V, Rule 19, Order
XI, Rules 5 to 20, Order XXXII, Rule 5, Order XXXVIII, Rules 1 & 5, Order XXXIX, Rules 1 and
2, 19 generally deals with the subject of Affidavits and the manner and circumstances in
which departure from. Order XVIII, Rule 4 can be made by any Court. Order XIX, Rule 1 is a
general power and Rule 2 is restricted to any application. The controversy as to what does the
term any application mean need not detain us, as it does not directly arise in the present
matter, though our view on the question is any means any and there is no scope to restrict
the generality the word so unambiguously points out. Reverting to Rule 1, the terminology fact
or facts used therein may be noticed. Now in a given case result of the whole suit may depend
upon proof of a fact only. If that be the position, does it sound logical that proof of such a fact
by affidavit is impermissible only because thereby the whole suit can be decided. Would then
the position in law change because plural facts are required to be proved to decide the
controversy in a suit specific use of word facts in particular indicates that no restriction on
the number of facts is to be read and in an appropriate case all fact or facts upon which suit is
based can be proved by affidavit/affidavits. Holding otherwise would be too unrealistic and too

technical a view of the law of procedure resulting into great waste of public time and money
and would throw unnecessary burden on already over burdened legal machinery. This is not to
suggest even remotely that resort to this provision can be readily made even if nature of
controversy appropriately calls for following the normal rule contained in Order XVIII, Rule 4.
Needless to mention that ex parte matters would stand on somewhat different pedestal and in
relation to them discretion under Order XIX, Rule 1 can be more freely exercised. There is thus
no lack of jurisdiction in ordering proof by affidavit. All really depends upon facts and
circumstances of each case. M/s. Mangilal Rungta, Calcutta v. Manganese Ore (India) Ltd.,
Nagpur, AIR 1987 Bom 87.
In State of Bombay v. Purushottam, AIR 1952 SC 317 : 1952 Cri LJ 1269, it has been held :
The verification however states that every thing was true to the best of his information and
belief. Court pointed this out as slipshod verifications of this type might well in a given
case lead to a rejection of the affidavit. Verification should invariably be modelled on the
lines of Order XIX, Rule 3, of the Civil Procedure Code, whether the code applies in
terms or not. And when the matter deposed to is not based on personal knowledge the
sources of information should be clearly disclosed.
The above principle was reiterated in Barium Chemicals Ltd. v. Company Law Board, AIR
1967 SC 295. In A.K.K. Nambiar v. Union of India, AIR 1970 SC 652 : 1970 Lab IC 566, the
Supreme Court has held :
The importance of verification is to test the genuineness and authenticity of allegations
and also to make the deponent responsible for allegations. In essence verification is
required to enable the Court to find out as to whether it will be safe to act on such
affidavit evidence. In the present case, the affidavits of all the parties suffer from the
mischief of lack of proper verification with the result that the affidavits should not be
admissible in evidence.
In Sukhwinder Pal v. State of Punjab, AIR 1982 SC 65, the Supreme Court has held :
Under Order XIX, Rule 3, of the Code of Civil Procedure, 1908, it was incumbent upon the
deponent to disclose the nature and source of his knowledge with sufficient particularity.
In Savitramma v. Naronha, AIR 1988 SC 1987. The Supreme Court has summarised the
principle laid down in the earlier case referred to above.
Rule 26 of the Chapter IV of the Gauhati High Court Rules (for short) the Rule relates to
verification of affidavit when the declarant speaks about any facts within his knowledge. Rule
27 of the Rules provides that when the statement rests on facts disclosed in the documents,
the deponent shall state the source of the documents and his information or belief as to the
truth of the facts disclosed in such documents; and that when the matter deposed to is not
based on personal knowledge the sources of information should be clearly disclosed.
In this Court, evidence in support of the statements contained in the writ petition is
accepted in the form of affidavits filed by the parties concerned. In the light of the decisions
referred to above, we are of the view that the principle underlying Rule 27 is to enable the
Court to find out as to whether it would be safe to act on such evidence and to enable the
Court to know as to what facts are based on the personal knowledge, information and belief,
this is relevant for the purpose of appreciating the evidence before the Court in the form of
affidavit. It is only on the basis of verification, it is possible to decide the genuineness and

authenticity of the allegations and the deponent can be held responsible of the allegations
made in the affidavit. It is, therefore, necessary that Rule 27 should he complied with strictly.
Coming to the verification in question it has already been concluded that the first part of
the verification of each of the original affidavits are only introductory in nature and, therefore,
if they are excluded from consideration it would not affect the result. It has also been
concluded that in the 2nd part of each of the original affidavits, the deponent has not disclosed
the source of information as is provided under Rule 27, and as such, the verification is
defective and such slipshod verifications of affidavit may lead to their rejection.
If re-verification in the manner sought is allowed, it will alter the original affidavits, either
by addition or substitution. Therefore, it would amount to amendment of the original affidavits
so far it concerns the verification.
An affidavit is statement of facts in writing made voluntarily before an officer authorised to
administer oaths. An affidavit is different from a plaint. In the writ petition, evidence in
support of facts in the petition is accepted in the form of affidavit. But the allegations in the
plaint are to be proved by producing evidence, unless they are admitted by the defendant. An
affidavit which is not properly verified cannot be treated as an affidavit in the eyes of the law.
When there is no original affidavit in the eyes of the law, the question of amending it does not
arise because amendment is referable to an existing one. In Dwarka Nath v. Income Tax Officer,
AIR 1966 SC 81, the Supreme Court has held, that, if an affidavit is defective in any manner,
instead of rejecting it a reasonable opportunity is to be given to the party concerned to file
better affidavit complying with the requirements of law. The above decisions indicates that, if
an affidavit is defective for lack of proper verification, an opportunity must be given to the party
concerned to file a properly verified affidavit. This shows impliedly that amendment of
verification of affidavit cannot be allowed but the party concerned must be given an
opportunity to file a properly verified affidavit. For these reasons the verification of affidavit
cannot be amended. Pannalal Ganguly v. The State of Tripura & others, AIR 1992 Gau ???.
It was held that the affidavits which were filed with the application under Section 5,
Limitation Act could not be taken as evidence in view of Order XIX, Rule 2, Civil Procedure
Code. There is a distinction between an affidavit filed on a motion and an affidavit which is filed
to prove a fact. Where the adverse party desires production of the deponent for crossexamination, the Court should ordinarily order attendance of the deponent for crossexamination. According to Order XIX, it is only when for sufficient reasons, the Court orders
that any particular fact or facts may be proved by an affidavit, or that the affidavit of any
witness may be read at the hearing that a given fact can be proved by affidavit. A party may
also apply to the Court to give evidence by affidavit in which event at the instance of the
opposite party, the deponent may be kept in attendance for cross-examination. The law does
not require that an evidence on application under Section 5 of the Limitation Act be given by
affidavit. State Bank of India v. M/s. Plastichem, Satna, AIR 1992 MP 142.
In Guttilal v. Madrasi Chakkar Bidi Factory, 1960 JLJ SN 47, it was expressed that :
In affidavit on interlocutory application there is no obligation on the court to order crossexamination under Order XIX, Rule 2 of the Civil Procedure Code and usually does not
allow as the delay involved in most cases defeats the object of the interlocutory
application.
Following the view G.G. Sohani, J. (as he then was) observed in 1979 (1) MPWN 118;
Krishnadas Lokendra Kumar (Firm) v. Ramchandra, that it is for the trial court to decide

whether in the circumstances of a given case it should order attendance of the deponent for
cross-examination. In Mavji Khimji v. K. Manjibhai, AIR 1968 Guj 198, the view taken was that
the Court has been expressly permitted by the Legislature to decide applications under Order
XXXIX, Rule 1, Civil Procedure Code on affidavits and if the Court on affidavit finds that any
property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to
the suit on being sold or is being wrongfully sold the Court is entitled to grant such ad-interim
injunction as it thinks fit and either party therefore cannot allay any claim or urge that it has
got a right to cross-examine the deponent.
This Court in Division Bench decision in Mithailal Gupta v. Inland Auto Finance, AIR 1968
MP 33, has taken the view that Order XXXIX, Rule 2, Civil Procedure Code enables a party to
give evidence by affidavit on an interlocutory application. If an affidavit differs from deposition
in the latter, the opposite party has always an opportunity to cross-examine the deponent
when affidavit is taken ex parte, where the adverse party desires production of the deponent for
cross-examination, the Court should ordinarily order attendance of the deponent for crossexamination.
The opportunity of cross-examination to be granted or refused is in the discretion of the
Court and if from the conduct and circumstances of the parties, it appears to the Court that
the opportunity for cross-examination is being sought for delaying the decision and for
protracting the proceedings, the Court would decline to permit the cross-examination.
In the facts and circumstances of the given case, since the petitioner- defendants have
alleged that the statement of deponent in his affidavit filed in the suit, is contradictory to the
version given by him in his affidavit filed in the ceiling proceedings, the petitioners demand of
opportunity of cross-examination of the deponent could not be said to be unjustified and if the
trial Court felt that allowing cross-examination may result in delaying the proceedings, the trial
court in such circumstances could put a rider and pass the conditional order fixing a
particular date on which cross-examination, only on the limited point could be completed and
on failure of defendant, could close the right of cross-examination. Gulab Chand Jain v.
Khushal Chand & others, AIR 1992 MP 264.
Order XIX, Rule 1, Civil Procedure Code provides that any Court may at any time for
sufficient reason order that any particular fact or facts may be proved by affidavit, or that the
affidavit of any witness may be read at the hearing on such conditions as the Court thinks
reasonable. Thus, under Order XIX, Rule 1, the condition precedent is that the Court must
permit the person who wants to produce affidavit of the witnesses as evidence. Court can only
permit where there are sufficient grounds for its satisfaction to do so. In the ordinary course,
an affidavit cannot be used as evidence to prove a particular fact. It can only be used as an
admission of a party under Sections 18 to 21 of the Evidence Act can be used against the party
making such admission. However, it cannot be read as evidence and affidavit cannot be treated
as evidence under Section 3 of the Evidence Act unless the Court permits the production of
affidavit.
In the case of Smt. Sudha Devi v. M.P. Narayanan, AIR 1988 SC 1381. Honble Supreme
Court held that the affidavits are not included in the definition of evidence in Section 3 of the
Evidence Act and can be used as evidence only if for sufficient reasons the Court passes an
order under Order XIX, Rules 1 and 2, Civil Procedure Code. Thus, the affidavits produced
before the court below cannot be read as evidence to prove the facts.
There was no other material on record to substantiate the case of the plaintiff. Any decree
based solely and wholly on the affidavits filed before the Court cannot be treated as decree

based on evidence and it may fall within the purview of nullity. Jagdish v. Smt. Premlata Rai,
AIR 1990 Raj 87.
Order XIX, Civil Procedure Code, Rule 1 of Order XIX, Civil Procedure Code gives power to
the Court to decide any point to be proved by affidavit. This can be done only when the claim
does not exceed Rs. 25,000/-. In this view, where the claims Tribunal followed the procedure of
deciding claims for compensation for amounts exceeding Rs. 25,000/- by following the
procedure of deciding them on affidavits its awards were liable to be set aside. Gugubhai and
others v. Goswami Bhaikhu Gangaram, AIR 1990 Guj 5.
The affidavit, therefore, should be modelled on the lines of Order XIX, Rule 3 and where
averment is not based on personal knowledge, the source of information should be clearly
deposed. The deponent has to disclose his source of information so that the other side gets a
fair chance to verify it and made an effective answer. Slipshod verification of affidavit may lead
to its rejection. See Barium Chemicals Ltd. v. Complay Law Board, AIR 1967 SC 295 at para 57.
In Government of Andhra Pradesh v. S. Prakash Rao, (1982) SCC 385, the Supreme Court
rejected the prayer for condoning the delay as the person responsible for the delay did not put
in any affidavit to support the allegations made in the petition for condoning the delay.
In the present case, a reading of the affidavit shows that the affidavit was verified carelessly
without disclosing the source of the information and the person responsible for the delay did
not put in any affidavit. Therefore, the lower appellate Court has rightly rejected the application
for condoning the delay. Muktinath Das v. Brinda Das, AIR 1990 Gau 10.
11. Allahabad High Court Amendment.Add the following Rules 4 to 15 after Rule 3 of
Order IX, CPC.
4. Affidavit shall be entitled. In, the Court of..............at............ (naming such Court).
If the affidavit be in support of, or in opposition to, an application respecting any
case in the Court, it shall also be entitled in such case. If there be no such case, it
shall be entitled. In the matter of the petition of.
5.

Affidavits shall be divided into paragraphs, and every paragraph shall be numbered
consecutively and, as nearly as may be, shall be confined to a distinct portion of
the subject.

6.

Every person making any affidavit shall be described therein in such manner as
shall serve to identify him clearly; and where necessary for this purpose, it shall
contain the full name, the name of his father, of his caste or religious persuasion,
his rank or degree in life, his profession calling, occupation or trade, and the true
place of his residence.

7.

Unless it be otherwise provided, an affidavit may be made by any person having

cognizance of the facts deposed to. Two or more persons may join in an affidavit;
shall depose separately to those facts which are within his own knowledge, and
such facts shall be stated in separate paragraphs.

8.

When the declarant in any affidavit speaks to any facts within his own knowledge,
he must do so directly and positively, using the word I affirm or I make oath and
say.

9.

Except in interlocutory proceedings, affidavits shall strictly be confined to such

facts as the declarant is able of his own knowledge to prove. In interlocutory
proceedings, when the particular fact is not within the declarants own knowledge,

but is stated from information obtained from others, the declarant shall use the
expression I am informed, and if such be the case, and verily believe it to be true
and shall state the name and address of, and sufficiently describe for the purposes
of identification, the person or persons from whom he received such information.
When the application or the opposition thereto rests on facts disclosed in
documents or copies of documents produced from any Court of justice or other
source, the declarant shall state what is the source from which they were
produced, and his information and belief as to the truth of the facts disclosed in
such documents.
10. When any place is referred to in an affidavit, it shall be correctly described, when
in an affidavit any person is referred to, such person, the correct name and
address of such person, and such further description as may be sufficient for the
purpose of the identification of such person, shall be given in the affidavit.
11. Every person making an affidavit for use in a Civil Court hsall, if not personally
known to the person before whom the affidavit is made be identified to that person
by someone known to him, and the person before whom the affidavit is made shall
state at the foot of the affidavit the name, address and description of him by whom
the identification was made as well as the time and place of such identification.
11-A. Such identification may be made by a person
(a)

personally acquainted with the person to be identified, or

(b)

satisfied, from papers in that persons possession or otherwise, of his identity :

Provided that in case of (b) the person so identifying shall sign on the petition
or affidavit a declaration in the following form, after there has been affixed to such
declaration in his presence the thumb-impression of the person so identified :
FORMS
I (name, address and description) declare that the person verifying this
petition (or making this affidavit) and alleging himself to be A, B, has satisfied me
(here state by what name, e.g., from papers in his possession or otherwise) that he
is A,B.
12. No verification of a petition and no affidavit purporting to have been made by a
pardanashin woman who has not appeared unveiled before the person before whom
the verification or affidavit was made, shall be used unless she has been identified
in the manner already specified and unless such petition or affidavit be
accompanied by an affidavit of identification of such woman made at the time by
the person who identified her.
13. The person before whom any affidavit is about to be made shall, before the same is
made, ask the person proposing to make such affidavit if he has read the affidavit
and understands the contents thereof, and if the person proposing to make such
affidavit states that he has not read the affidavit or appears not to understand the
contents thereof, or appears to be illiterate, the person before whom the affidavit is
about to be made shall read and explain, or cause some other competent person to
read and explain in his presence, the affidavit to the person proposing to make the
same, and when the person before whom the affidavit is about to be made is thus
satisfied that the person proposing to make such affidavit understands the
contents thereof, the affidavit may be made.

14. The person before whom an affidavit is made, shall certify at the foot of the affidavit
the fact of the making of the affidavit before him and the time and place when and
where it was made, and shall for the purpose of identification mark and initial any
exhibits referred to in the affidavit.
15. If it be found necessary to correct clerical error in any affidavit, such correction may
be made in the presence of the person before whom the affidavit is about to be
made, and before, but not after, the affidavit is made.Every correction so made
shall be initialled by the person before whom the affidavit is made, and shall be
made in such manner as not to render it impossible or difficult to read the original
word or words, figure or figures, in respect of which the correction may have been
made.
12. Supreme Court Rules for affidavit.Order XI, Rules 3 to 14 runs as under :
3. Every affidavit shall be instituted in the cause, matter or appeal in which it is sworn.
4. Every affidavit shall be drawn up in the first person, and shall be divided into
paragraphs to be numbered consecutively and shall state the description, if and, any the true
place or abode of the deponent.
5. Affidavits shall be confined to such facts as the deponent is able of his own knowledge to
prove except on applications on which statement on his behalf may be admitted, provided that
the grounds thereto are stated.
6. The costs occasioned by any unnecessary prolixity in the title to an affidavit or otherwise
shall be disallowed by the taxing officer.
7. An affidavit requiring interpretation to the deponent shall be interpreted by an
interpreter nominated or approved by the court if made within the State of Delhi, and if
elsewhere shall be interpreted by a competent person who shall certify that he has correctly
interpreted the affidavit to the deponent.
8. Affidavit for the purposes of any cause, matter or appeal before the Court may be sworn
before any authority mentioned under Section 139 of the Civil Procedure Code or before the
Registrar of this court or before the Commissioner generally or specially authorised in that
behalf by the Chief Justice.
9. Where the deponent is a pardanashin lady, she shall be identified by a person to whom
she is known and that person shall prove the identification by a separate affidavit.
10. Every exhibit annexed to an affidavit shall be marked with the title and number of the
case, appeal or matter and shall be initialled and dated by the authority before whom it is
sworn.
11. No affidavit having any interlineation or ensure shall be filed in Court unless the
interlineation or alteration is initialled, or in the case of an erasure the words or figures written
on the erasure are re-written in the margin and initialled, by the authority before whom the
affidavit is sworn.
12. The Registrar may refuse to receive an affidavit where in his opinion the interlineations,
alteration or erasures are so numerous as to make it expedient that the affidavit should be rewritten.
13. Where a special time is limited for filing affidavits, no affidavit filed after that time shall
be used except by the leave of the court.

14. In this Order affidavit includes a petition or other document required to be sworn or
verified and sworn shall include affirmed.
13. Oath on affidavit by whom to be administered.In the case of any affidavit under
this code,
(a)

any Court or Magistrate; or

(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or
(c)

any officer or other person whom a High Court may appoint in this behalf; or

(d)

any officer appointed by any other court which the State Government has generally
or specially empowered in this behalf, may administer the oath to the deponent.
Section 139, Civil Procedure Code, 1908.

14. Whether defect in verification in affidavits under this section. Section 7, Oaths
Act, 1969 obviously says that any omission in the matter of taking oath or making affirmation
or in the form thereof or any irregularity therein in the matter of administration of oath shall
not be utilised for the purpose of rendering such evidence as inadmissible. This section does
not speak in regard to the term in which the verification has to be made in an affidavit in
accordance with Rule 49 of the Rajasthan High Court Rules, 1952, and Order XIX, Rule 3, Civil
Procedure Code. The defect unfortunately in the affidavits that were filed there is in regard not
only to the taking of the oath because the Magistrate has only said attested. That can possibly
be cured in view of the aforesaid section but a combined verification both based on knowledge
as well as information derived does not distinguished the source on which the facts as affirmed
in the affidavit has been drawn. Smt. Anchi v. Balu Ram, 1975 Cr LJ 1991 at pp. 1992 : 1993
(Raj) : 1975 Raj LW 80 (Per B.P. Beri, C.J.)
15. Duty of Notary.The evidence of the Notary suggests and clearly indicates that it was
not part of his duty as Notary to ensure that the declarant of the affidavit has to understand
the contents of the affidavit as also truthfulness and correctness thereof. It is necessary to note
that Notary Act talks of Oath and Affidavit. Advocate himself being a lawyer, he would
understand the efficacy of oath and the affidavits which are to be made before him in his
capacity as the Notary. Needless to add that statement contained in such affidavits have to be
truthful and accurate and maker of it before he affirms must know that the same are true and
correct. This is basic requirement of the statement on oath. Thus it was a basic requirement
that Advocate acting as Notary under the statute to ensure that the declarant of the affidavit
has understood the contents of the affidavit. However, his evidence shows that he did not
brother to ensure that accused No. of while declaring the affidavit had understood the contents
thereof. On the contrary the evidence of this witness shows that he only mechanically saw to it
that accused No. 2 signed before him without knowing the contents thereof. There are
provisions in the Notary Act as also rules made there under which oblige a Notary and makes it
imperative that such affidavits be declared in a particular manner. Therefore, it is necessary for
a Notary to ensure that the declarant of it has understood the contents thereof. Central Bureau
of Investigation, Bank Securities and Fraud Cell v. Mulangi Krishnaswamy Ashok Kumar, 1993
(3) Bom CR 189.
16. Affidavit in answer, filing.Interrogatories shall be answered by affidavit to be filed
within ten days, or within such other time as the Court may allow. Vide Civil Procedure Code,
1908, Order XI, Rule 8.
17. Affidavit of documents.The affidavit to be made by a party against whom such order
as is mentioned in the last preceding rule has been made shall specify which (if any) of the

documents therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix
C of CPC, with such variations as circumstances may require. Vide Civil Procedure Code, 1908,
Order XI, Rule 13.
Court entitled to prescribed the manner in which claim for privilege for state documents to be
made.The Court is entitled to prescribe in any particular case the manner in which the claim
for privilege for state documents shall be made if the claim is to be allowed. It may, if so
advised, be content with unsworn statement of a responsible Minister, it may accept a formal
affidavit from him or if necessary call for an affidavit sufficiently fall to indicate that his mind
has been brought to bear on the question of the expediency in the public interest of giving or
refusing the information asked for. Henry v. State, AIR 1931 PC 254 : 1935 IC 625.
18. Matter to which affidavit shall be confined.(1) Affidavits shall be confined to such
facts as the deponent is able to his own knowledge to prove, except on interlocutory
applications on which statements of his belief may be admitted :
Provided that the grounds thereof are stated.
(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or
argumentative matter, or copies of or extracts from documents, shall (unless the Court
otherwise directs) be paid by the party filing the same. Vide Code of Civil Procedure, 1908,
Order XIX, Rule 3.
The affidavits filed by the parties in the present case bear only the verifications that they
were sworn on oath and the contents of the affidavits were read out to the deponents and were
admitted by them to be correct. These verifications make the affidavits meaningless and
valueless, as they do not state how much of the affidavit is a statement of the deponents
knowledge and how much is a statement of his belief.
The provisions of Order XIX, Rule 3 of CPC, must be strictly observed and every affidavit
should clearly express how much is the statement of the deponents knowledge and how much
is a statement of his belief and the ground of belief must be stated with sufficient particularity
to enable the Court to judge whether it would be safe to act on the deponents behalf.
As the affidavits filed in present case are not in conformity with Order XIX, Rule 3, it must
be held that the affidavits required by Order XIX, Rule 1, simply do not exist in the case.
Babulal v. Moti Lal, AIR 1952 Madhya Bharat 82 at p. 83 (Gwalior Bench).
19. Affidavit as per requirements of the Court.In Rural Litigation & Entitlement Kendra
v. State of U.P., AIR 1988 SC 2187, para 22, it was observed as follows :
....To place before the Court on affidavit the minimum total requirement of this grade of
lime stone for manufacture of quality steel and defence ornaments. The affidavit should
also specify as to how much of high grade ore is being imported into the country and as
to whether other indigenous sources are available to meet such requirement. This Court
would also require an affidavit from responsible authorities of the Union of India as to
whether keeping the principles of ecology, environmental protection and safeguards and
anti-pollution measures, it is in the interest of the society that the requirements should
be met by import or by taking other alternate indigenous sources or mining activity in
this area should be permitted to a limited extent. The Court expects the Union of India
to balance these two aspects and place on record its stand not as a party to the
litigation but as a protector of the environment in discharge of its statutory and social
obligation for the purpose of consideration of the Court.

20. Affidavit by petitioner.It has been repeatedly pointed out that verification ought not
to be slipshod and should invariably be modelled on the lines of Order XIX, Rule 3, CPC,
whether the Code applies in terms or not; and when the matter deposed to is not based on the
personal knowledge of the deponent, the source of information should be clearly disclosed.
Omission to observe these formalities may be visited with the consequence of rejection of the
affidavits. See State of Bombay v. Purushottam Jog Naik, AIR 1952 SC 317.
The Court would have been justified in throwing out the application on this ground in
limine, but since a Rule nisi had already been obtained and the defect could be cured by giving
an opportunity to the petitioner to swear a fresh affidavit clarifying the position, the Court
decided to hear the application on merits. G.C. Bezbarua v. State of Assam, AIR 1954 Assam
161 at p. 164.
21. Affidavit denying averment.In Bombay Education Society v. State of Bombay, AIR
1954 Bom 468 at p. 470, it was observed as follows (para 4) :
Now, in this very case we have two petitioners before us apart from the school. We have
Major Pinto, who swears and says that the mother tongue of his daughter Brinda is
English and that the entire family of the petitioner speak and use English at home. He
wanted his daughter to be admitted to this Anglo-Indian School at Deolall and she
could not be admitted because Major Pinto is not an Anglo-Indian. In the affidavit amde
by Government, the fact that the mother tongue of the child is English is emphatically
denied.
It is difficult to understand what were the materials at the disposal of Government which
enabled it to deny a fact which must be personal and intimate to Major Pinto himself.
We are not told in the affidavit what were the reasons which led Government to
categorically deny the statement made by Major Pinto. We can understand Government
not admitting a fact and putting the petitioner to the proof of his averment, but when an
affidavit denies an averment the denial carries with it the inevitable connotation that
the denial is based upon knowledge and not merely upon ignorance of true facts.
22. Affidavit, deposition based on information.The affidavit, therefore, should be
modelled on the lines of Order XIX, Rule 3, CPC and where averment is not based on personal
knowledge, the source of information should be clearly deposed. The deponent has to disclose
his source of information so that the other side gets a fair chance to verify it and make an
effective answer. Slipshod verification of affidavit may lead to its rejection. See Bariun
Chemicals Ltd. v. Company Law Board, AIR 1967 SC 295.
In the instant case, a reading of the affidavit shows that the affidavit was verified carelessly
without disclosing the source of the information and the person responsible for the delay did
not put in any affidavit. Therefore, the lower Appellate Court has rightly rejected the
application for condoning the delay. For these reasons, the appeal before the District Judge was
barred by limitation. Muktinath Das v. Smt. Brinda Das, AIR 1990 Gau 10 at p. 11.
In Government of Andhra Pradesh v. S. Prakash Rao, (1982) 2 SCC 385, the Supreme Court
rejected the prayer of condoning the delay as the person responsible for the delay did not out in
any affidavit to support the allegations made in the petition for condoning the delay.
23. Affidavit in proceeding under Article 226 of Constitution. The affidavit has been
drafted in most unsatisfactory manner. In paragraph 14, it is stated that the statements in
paragraphs 2 and 3 of the petition are more or less correct. This kind of statement is not a

proper one which should be placed on affidavits and it is a practice which deserves strong
condemnation. East India Film Studios v. P.K. Mukherjee, AIR 1954 Cal 41 at p. 43.
24. AffidavitNature and source of knowledge to be disclosed. In Sukhwinder Pal Bipan
Kumar v. State of Punjab, AIR 1982 SC 65, it was held that under Order XIX, Rule 3, CPC, it
was incumbent upon the deponent to disclose the nature and source of his knowledge with
sufficient particularity and in its absence the allegations in the petition would not be supported
by an affidavit as required by law. Har Krishan Khosla v. Alembic Chemical Works Co. Ltd., AIR
1986 All 87 at p. 89.
25. Affidavit not properly drawn up or verified.In Shamsunder Rajkumar v. Bharat Oil
Mills, Nagpur, AIR 1964 Bom 38, quoted in Kanbi Mavji v. K. Manjibhai, AIR 1968 Guj 198 at p.
201, it was observed as follows :
Affidavits are not included in the definition of evidence in Section 3, Evidence Act, but on
the contrary they are expressly excluded by Section 1 of that Act. That means that
affidavits cannot be used as evidence under any of the provisions of the Indian Evidence
Act. Affidavits can, however, be used as evidence only under Order XIX of the Civil
Procedure Code. Under Order XIX, Rule 1, affidavit evidence cannot be entertained
unless the Court passes an order, for sufficient reasons, that any particular fact or facts
may be proved by affidavits. While passing an order under Order XIX, Rule 1, to call for
evidence on affidavits, it is necessary to consider compliance with the proviso to Rule 1,
and with the requirements of Rule 2, under Order XIX, as the circumstances of each
case may require. Where affidavits are filed in support of applications and are received
by the Court, the order receiving the affidavit is tantamount to passing an order under
Order XIX, Rule 1 of the Civil Procedure Code and complies with the law. When an
affidavit is filed, the Court official receiving it ought to see that it is properly drawn up
and verified as per Order XIX, Rule 3 of the Civil Procedure Code and the instructions
in Chapter XXIII, Civil Manual Vol. I. If it is not properly drawn up or verified, it ought
not to be received and the parties should be required to file a proper affidavit.
26. Affidavit on interlocutory application, statements true to ones belief.It is true
that these allegations have been sworn by the petitioner to be true, not to her own knowledge,
but to her belief on the basis of information received by her from one Mrs. R. Chakraborty of
9, Concord House, 64, Coome Road, New Malden, Surrey, U.K. But under Order XIX, Rule 3,
CPC in affidavits on interlocutory application, statements true to ones belief can legitimately
go in provided the grounds thereof are stated and therefore the petitioner having clearly
disclosed the source of her information and the name of the informant with the latters detailed
address, her statements do not suffer from any legal infirmity. Chitra Sengupta v. Dhruba Jyoti
Sengupta, AIR 1988 Cal 98 at p. 101.
27. Affidavit verifying petition for winding-up.In Gaya Textiles Private Ltd. in the
matter of AIR 1968 Cal 388 at pp. 389, 390, it was observed as follows (para 5) :
It appears that the petition was not verified by an affidavit at all, but by a declaration.
Secondly, this declaration appears to have been made before a notary public at Bombay
on December 24, 1965. I shall now refer to the relevant rules for verification of petitions
under the Companies Court Rules, 1959 (hereinafter referred to as the Company Rules)
and also under the rules of this Court. Rule 21 of the Company Rules requires that
every petition shall be verified by an affidavit made by the petitioner or in the case of a

petition by a body corporate, by a Director, Secretary or other Principal Officer. Such an

affidavit has to be made in Form No. 3 which provides that the affidavit shall be made
on solemn affirmation. Therefore, an affidavit verifying a petition must be made on a
solemn affirmation as prescribed by Form No. 3. Under Rule 18(a) of the Company
Rules, the affidavit verifying the petition is to be signed by the deponent and sworn to in
the manner prescribed by the Code or by Rules and practice of the Court. Under Rule 5
of the Chapter XV of the Original Side Rules of this Court affidavit for use in any of the
jurisdiction of the Court may be taken in Calcutta or within five miles thereof before a
Commissioner, generally or specially authorised by the Chief Justice for the purpose. In
this case, this rule would not apply as the affidavit was made at Bombay, as the
affidavit was purported to be made outside the five miles limit, it has to be made
according to Section 139 of the Code of Civil Procedure, which provides that an oath to
a deponent may be administered by a Court or a Magistrate or any officer or person
whom a High Court may appoint in this behalf, or any Officer appointed by any other
Court, which the Provincial Government has generally or specially empowered in this
behalf. The affidavit, therefore, has to be affirmed according to the terms of Section 139
of the Code. A notary public is not a person competent to administer the oath to a
deponent who is affirming affidavit and, therefore, the affidavit purported to be made
before a notary public is not an affidavit according to the Company Rules and the Code
of Civil Procedure. Besides, a mere declaration before a notary public is something
entirely different from a solemn affirmation on which alone an affidavit can be made.
For these reasons, the declaration at the bottom of the petition does not comply with
rules requiring verification of the petition and it must, therefore, be held that there is no
verification of the winding up petition.
In Shib Deo Misra v. Ram Prasad, AIR 1925 All 79 : ILR 46 All 637, it was observed as
follows :
It was held that a plaint was not void merely because it did not contain the verification
clause as required by the Code and that the omission to verify was a mere irregularity
which could be cured even at a later stage and such a plaint therefore, should be
deemed to be presented on the date of actual presentation and not on the date of its
verification. It was also held that merely on the ground of such defect the plaint could
not be treated as altogether invalid. This case, to my mind, has no application as I am
not concerned with a defective verification of a plaint, but with the verification of a
winding up petition to which entirely different considerations apply. Besides, it cannot
be overlooked that allegations in the plaint can be acted upon only upon proof of the
same evidence or upon admission by the defendant. The allegations in a petition, on the
other hand, are to be treated by the Court as evidence without any further proof.
In Bhikaji Keshav v. Brij Lal Nandlal, AIR 1955 SC 610 : 1955 (2) SCR 428, it was observed
as follows :
In that case, allegations were made in a petition, the paragraphs of which were not
enumerated with regard to matters which were based on information, and it was held
that this could not be considered as a defect. Secondly no date was mentioned in the
verification and it was held that the absence of a date in the verification could be cured
by a supplementary affidavit indicating the date of the original verification. This
decision, to my mind, does not assist the petitioner in this case as the affidavit was

properly affirmed, but was defective for want of a date and also for want of
enumeration of the paragraphs which were based on information.
In Port Canning & Land Improvement Co. Ltd. v. Dharanidhar Sardar, (1905) 9 Cal WN 608
(Cal), it was observed was follows :
In which the verification of a plaint was defective and it was held that the plaint should not
have been rejected, but lease should have been granted to amend it. As it stated earlier,
statements in the plaint are not to be acted upon by the Court except upon proof of the
same by evidence or upon admission by the defendant. A plaint, therefore, stands on
an entirely different footing from a petition so far as verification is concerned.
In Ramgopal Ghose v. Dhirendra Nath Sen, AIR 1927 Cal 376 : 1931 Cal WN 397, it was
observed as follows :
In that case again the verification was that of a plaint and not of a winding up petition and
it was held that the defect in the verification of a plaint was a mere irregularity and
could be cured by amendment and upon such amendment the plaint should be treated
as having been presented on the date on which it was filed and not on the date when
the verification was amended. This decision also is of no assistance to the petitioner as
the Court is not concerned with the defective verification of a plaint, but of a winding
up petition. Sheonath Singh v. Commr. of Income-Tax, AIR 1958 Cal 606 : (1958) 33 ITR
591.
28. Affidavit, reliability of.In Union of India v. Cavalier Shipping Company, Madras, AIR
1990 Mad 312 at p. 313, it was observed as follows :
I have already pointed out that the plaintiff did not make any attempt to establish the facts
set out in the affidavit filed in support of the application for condonation of the delay, by
producing the relevant documents.
In the absence of such documents, the Master could not have assumed that the delay was
due to the inaction of the counsel on record.
There is no presumption that just because an official of a Department of the Central
Government files an affidavit deposing to certain facts, which are not known to him
personally the affidavit is true. The Master should have called for the production of the
relevant records before condoning the delay.
29. Allegations in petition to be supported with necessary particulars to make out
prima facie case.Under Order XIX, Rule 3, it was incumbent upon the deponent to
disclosed the nature and source of his knowledge with sufficient particularity. The allegations
in the petition are, therefore, not supported by an affidavit as required by law. That being so,
the State Government was fully justified in stating in answer, Denied. There is no restriction
on the movement of wheat. The Deputy Secretary in his counter-affidavit has further denied
that the impugned orders of suspension were passed on the direction of the State Government.
The allegations in the writ petitions are not sufficient to constitute of mala fides so as to vitiate
the impugned orders of suspension. The Court would be justified in refusing to carry out
investigation into allegations of mala fides, if necessary particulars of the charge making out of
prima facie case are not given in the petition. The burden of establishing mala fides lies very
heavily on the person who alleges it. Sukhwinder Pal v. State of Punjab, AIR 1982 SC 65 at p.
70 : (1982) 1 SCC 31.

30. Averments in affidavits not based on personal knowledge.It is true that in a case
of this kind it would be difficult for a petitioner to have personal knowledge in regard to an
averment of mala fides, but then where such knowledge is wanting he has to disclose his
source of information so that the other side gets a fair chance to verify it and make an effective
answer. Bariun Chemicals Ltd. v. Company Law Board, AIR 1967 SC 295 at p. 319.
In State of Bombay v. Parshottam Jog Naik, AIR 1952 SC 317 : 1952 SCR 674 : 1952 Cr LJ
1269, it was held that as slipshod verifications of affidavits might lead to their rejection, they
should be modelled on the lines of Order XIX, Rule 3 of CPC and that where an averment is not
based on personal knowledge, the source of information should be clearly deposed. See also
Padmabati Dasi v. Rasik Lal Dhar, ILR 37 Cal 259.
31. Defect in verification.In Radhey Shyam v. Roop Singh Rathore, AIR 1964 SC 1545,
quoted in Narayan v. Shamjibhai, AIR 1986 Bom 275 at p. 278, it has been clearly held that a
defect in verification can be cured and that it is not fatal to an election petition.
In Bhartendra Singh v. Ramsahai Pandey, AIR 1972 MP 167, quoted in AIR 1986 Bom 275
at pp. 278, 279, in this case, the single Judge held that defect in the affidavit is not fatal.
32. Filing of false affidavit.To file a false affidavit with the object of securing admission
of an appeal, which is obviously barred by time on the representation that the copying
department has not yet supplied the copy, is a very grave and serious matter and the person
who does so, acts in a manner which shows that he has absolutely no respect for the sanctity
of oath. Law enjoins that persons making statement on oath or affirmation speak the truth and
it is of paramount importance that those who approach the Court of justice do speak the truth
and realise that it is by speaking the truth alone that they can advance the cause of justice
and help the Court in discharging its duty as an adjudicator in the admission of justice. By
deliberately deviating from the path of truth guilty suitor pollutes or attempts to pollute the
purity of the fountain of justice and thus commits a serious wrong to the Court and to the
society as a whole of which it is not desirable, and indeed is dangerous, to take a lenient view.
Though somewhat reluctantly, to drop the matter here, the High Court, however must
emphasise and leave no doubt in anybodys mind that in future filing of false affidavits in this
Court would not be considered lightly or treated with indifference, for, it is the sanctity of oath
on which essentially and basically depends the efficaciousness of the administration of justice
according to law and the honoured and respectable position which it occupies in our system of
Government.
To preserve and maintain this position for the administration of justice is the obligation and
bounden duty of all good citizens, for, justice based on truth is the great concern of man on
earth; it is the ligament which holds civilised being together. The temple of justice is the
foundation of social security, the general happiness and future progress and healthy
development of our society. On this premise, the bar of the legal profession which is a working
part of our societys quest for justice, has, because of its privileged position in our legal system,
a special responsibility imposed on it, to enlighten the ignorant legacy of the grave danger of
any attempt at polluting the purity of the fountain of justice by deliberately producing false
evidence. State v. Shingara Singh, AIR 1963 Punj 185 at pp. 186, 187.
Filing of fresh affidavit disclosing source of information.Rule 3 of Order XIX of CPC
provides that a deponent of an affidavit must confine to facts of his knowledge. Since the
petitioner has averred corrupt practice against the returned candidate and the facts leading to
the corrupt practice is not within the direct knowledge of the petitioner they are said to be

received by him on information believed to be true but however he has not given the source of
this information. These proceedings being what they are as mentioned earlier and with a view
to confine the petitioner to what is alleged against the returned candidate the petitioner can be
directed to file a fresh affidavit disclosing the sources of his information so that the returned
candidate has an opportunity to test the genuineness and veracity of the sources of
information on one hand and not to allow the petitioner to make any departure from the
sources or grounds and make embellishment to his case. The petitioner can be permitted to file
a fresh affidavit disclosing the source of information. Narayan v. Shamjibhai, AIR 1968 Bom
275 at p. 279 (Panaji Bench, Goa).
33. Proper affirmation of affidavit.One word is necessary about costs. Earlier in the
course of this judgment, the High Court referred to the infirmity of the affidavit in opposition
filed on behalf of the appellant- company. That was an affidavit affirmed by one Syed
Mohammed Hashmat- ullah, who described himself as a representative of the appellantcompany and which he affirmed by saying that several paragraphs of this affidavit were true
to his knowledge or knowledge derived from his reading of the records of the case.
An affidavit affirmed in that manner is not fit to be looked at. It is next to be observed that
there appears practically to have been no trace of any of the points urged before us having been
raised there. In those circumstances, although the appellant-company will have the costs of the
appeal, there will be no order for costs, so far as the trial Court is concerned. Bukhtiarpur
Bihar Light Railway Co. Ltd. v. Union of India, AIR 1954 Cal 499 at p. 504.
34. Supreme Court directing Union of India to file affidavit.In Rural Litigation &
Entitlement Kendra v. State of U.P., AIR 1988 SC 2187, it was observed as follows :
The value of this statement in view of the indication in the affidavit that it was the
departments submission to the Court. The Ministry Secretarys affidavit can be
brushed aside that way. Read in the background of the directions in the Order of 19th
October, 1987, and in the sequence of the first affidavit not having been accepted by the
Court as compliance, we must assume that Mr. Seshan has disclosed the stand of the
Union of India with full authority and with the intention of binding the Union of India
by his statement.
35. Verification of affidavit.An affidavit is statement of facts in writing made voluntarily
before an officer authorised to administer oaths. An affidavit is different from a plaint.
Evidence in support of facts in the petition is accepted in the form of affidavit. But the
allegations in the plaint are to be proved by producing evidence, unless they are admitted by
the defendant. An affidavit which is not properly verified cannot be treated as an affidavit in the
eyes of the law. When there is no original affidavit in the eyes of the law, the question of
amending it does not arise because amendment is referable to an existing one. Pannalal
Ganguly v. State of Tripura, AIR 1992 Gau 55 at p. 58.
In State of Bombay v. Purshottam, AIR 1952 SC 317 : 1952 Cr LJ 1269, it has been held :
The verification however states that everything was true to the best of his information and
belief. We point this out as slipshod verifications of this type might well in a given case
lead to a rejection of the affidavit. Verification should invariably be modelled on the
lines of Order XIX, Rule 3, CPC, whether the Code applies in terms or not. And when
the matter deposed to is not based on personal knowledge the sources of information
should be clearly disclosed.

In A.K.K. Nambiar v. Union of India, AIR 1970 SC 652 : 1970 Lab IC 566, the Supreme
Court has held :
The importance of verification is to test the genuineness and authenticity of allegations
and also to make the deponent responsible for allegations. In essence verification is
required to enable the Court to find out as to whether it will be safe to act on such
affidavit evidence. In the present case, the affidavits of all the parties suffer from the
mischief of lack of proper verification with the result that the affidavits should not be
admissible in evidence.
In Sukhwinder Pal v. State of Punjab, AIR 1982 SC 65, the Supreme Court has held :
Under Order XIX, Rule 3, CPC, it was incumbent upon the deponent to disclose the nature
and source of his knowledge with sufficient particularity. See also Savitramma v.
Naronha, AIR 1988 SC 1987.
In view of the specific provisions of Rule 3(1), a verification is necessary. Rule 3(1) makes it
incumbent upon the parties swearing affidavits to State that the deponent is able to his own
knowledge to prove the facts stated in the affidavit. The main reason why a verification of an
affidavit must be strictly made is that he deponent must be made responsible for the statement
made by him. In the absence of a statement that the facts deposed to are of his own knowledge,
it will always be open to the deponent to escape any criminal liability by stating that the
statements he made in the affidavit are of his belief and not of his knowledge. Proof by
affidavits is a week manner of proof. Such proof is however allowed with a view to expediting
proceedings. It would be well night impossible to dispose of interlocutory applications within a
short time, if proof by affidavits was not allowed. For all these reasons verification of affidavits
is of paramount importance. Absence of such verification is fatal to the affidavit and the
evidence contained therein should not be admitted or relied upon. Caetano Dias v. Caetano
Rodrigues, AIR 1978 Goa 12 p. 13.
In A.K.K. Nambiar v. Union of India, AIR 1970 SC 652, quoted in Caetano Dias v. Caetano
Rodrigues, AIR 1978 Goa 12 at p. 13, it was laid down by the Supreme Court that the reasons
for verification of affidavits are to enable the Court to find out which facts could be said to be
proved on the affidavit evidence of rival parties. Allegations may be true to knowledge or
allegations may be true to information received from person or allegations may be based on
records. The importance of verification, the Supreme Court observed, is to test the genuineness
and authenticity of allegations and also to make the deponent responsible for the allegations.
In essence verification is required to enable the Court to find out as to whether it will be safe to
act on such affidavit evidence. In the absence of proper verification affidavits cannot be
admitted in evidence. The ratio of the decision of the Supreme Court in Nambiars case, AIR
1970 SC 652, was according to Shri Rebello, not applicable to the present case because in that
case the affidavits had been filed in a writ petition. It seems that it makes very little difference
whether affidavits are filed in writ petitions or in applications for injunction. The Supreme
Court and High Courts have framed rules for making affidavits. Under such rules verification is
compulsory. However, such verification would be necessary also in affidavits filed in support of
interlocutory orders in view of the provisions of Order XIX, CPC which clearly require that the
facts deposed in the affidavit must be such that the deponent is able of his own knowledge to
prove.
36. AffidavitVerification of which not accepted. In Bhupinder Singh v. State of
Haryana, AIR 1968 Punj 406, it was held that the provisions of Order XIX, Rule 3 should be

strictly observed and affidavits which are violative of the requirements of the mandatory
provisions of law deserve to be ignored. The High Court observed that the words that the
contents of the affidavit are true and correct to the best of my knowledge and belief carry no
sanctity and such a verification cannot be accepted. Vide Caetano Dias v. Caetano Rodrigues,
AIR 1978 Goa 12 at p. 13.
37. Oath on affidavit by whom to be administered.Section 139 of CPC, in the case of
any affidavit under this Code,
(a)

any Court or Magistrate; or

(aa) any Notary appointed under the Notaries Act, 1952; or

(b)

any officer or other person whom a High Court may appoint in his behalf; or

(c)

any officer appointed by any other Court which the State Government has generally
or specially empowered in this behalf, may administer the oath to the deponent.
Vide Code of Civil Procedure, 1908, Section 139.

Section 139 of CPC, 1908, does not require the affidavit to be sworn necessarily before a
Magistrate. The oath can be administered apart from a Magistrate by any Court or any Officer
or other person appointed by the High Court in this behalf or any officer appointed by any
other Court empowered in this behalf by the State Government. It has not been stated in the
writ application or claimed on behalf of the petitioner that the member of the Election Tribunal
was not empowered to administer the oath. Chandra Shekhar Rai v. State of Bihar, 1984 BLJ
670.
In Rameshwar Swarup Bhatnagar v. Prescribed Authority, Moradabad, 1984 All LJ 296 at p.
296 : 1983 All WC 956 : (1984) 1 All Rent Cas 13, it was held that a Judicial Officer should
have taken such a view is indeed surprising, the affidavit filed by petitioner did not become
inadmissible or irrelevant only because it was filed prior to affidavit of opposite party, it could
not be ignored only because it was not counter affidavit. For whatever worth, it was evidence,
which should have been examined. As the prescribed authority refused to look into evidence
which was admissible and material the order is vitiated.
38. Affidavit under Oaths Act.Section 4 of the old Oaths Act lays down the authority to
administer oaths and affirmations and it prescribes the courts and persons authorised to
administer by themselves or by their officers empowered in that behalf oaths and affirmations
in discharge of the duties or in exercise of the powers imposed upon them and they are, all
courts and persons having by law the authority to receive evidence. Vide Ranjit Singh v. State of
Pepsu, AIR 1959 SC 843 at p. 846 : 1959 Cr LJ 1124.
39. Affidavits in a case under Section 145, Cr PC to be sworn before Magistrate who is
seized of the case.In Fateh Singh v. Badan Singh, 1974 Cr LJ 137 (All), it was observed as
follows :
Under Section 145(4), Cr PC, it is only mentioned that the parties are entitled to file
documents and affidavits. The Code of Criminal Procedure does not lay down the mode
of swearing the affidavit except Sections 439, 539-A and 539-AA of the old Code. A
perusal of these three sections makes it abundantly clear that these sections relate to
affidavits which are sworn before this Court and, therefore, Section 539-AA of the old
Code lays down that an affidavit to be used before any Court, other than a High Court
under Section 510 or 539-AA of the old Code may sworn or affirmed in the manner
prescribed in Section 539 of the old Code or before any Magistrate.

A perusal of Section 3 of the old Oath Act, therefore, makes it abundantly clear that under
sub-section (2) of Section 3, any Court, Judge or Magistrate can administer oath
provided that Court, Judge or Magistrate is authorised by the High Court to administer
oath or is authorised by the State Government. No notification has been brought to our
notice issued by the High Court or State Government giving such authority to any
Court, Judge or a Magistrate and therefore, sub-section (2) would not be applicable
unless such a notification is issued.
Thus we have to fall back upon Section 3, which lays down that affidavits can be
administered by courts in discharge of the duties imposed or in exercise of the powers
conferred upon them by law. Any Magistrate cannot administer oath to a person
outside his powers and duties. In view of sub-section (1) of Section 3, a Magistrate who
is seized of a case under Section 145, Cr PC can, therefore, only administer oath to a
person swearing an affidavit and no other Magistrate who is not seized of the case and
who in discharge of duty or power conferred upon him has no jurisdiction over the case
can administer oath to a person swearing an affidavit.
Section 8 of the Notaries Act, this power being given to the Notaries under the Act is only
limited to such persons who are appointed Notaries under this Act and not to
Magistrates. Courts or other Officers to whom this Act does not apply. In the instant
case, oath was not administered to the person swearing the affidavits by any Notary.
It is true that inconvenience may be caused to a litigant but the Legislature, in its wisdom,
has enacted Section 3(2) of the Indian Oaths Act to relive the litigant public of such
hardships. It is for the High Court or the State Government to issue the necessary
notification and unless that notification is issued, the law courts have to apply the law
as it stands and inconvenience, if any, cause cannot be removed by giving an
interpretation which the words used in the section do not permit.
The learned counsel for the applicant contended that this case, Vide Wahid v. State, AIR
1963 All 256, was decided prior to the amendment of the Oaths Act in 1969 and,
therefore, this decision being based on the interpretation of the earlier provisions of the
Oaths Act, would not at all be applicable. We have discussed in the earlier part of the
judgment that even in the amended Act, the power to administer oath lies with the
Magistrate or Court or Officer, who is seized of the case in exercise of the powers
conferred on him or in discharge of the duties imposed upon him. A perusal of Wahids
case, AIR 1963 All 256, goes a long way to show that it is in conformity with the view
we have taken.
Similar view has been taken in Paramhans Singh v. Seva, 1966 All WR 757, this case came
before Uniyal, J. on a difference of opinion between H.C.P. Tripathi and C.B. Capoor,
JJ. Uniyal, J. agreed with the view taken by C.B. Capoor, J. and held that affidavits
under Section 145 were to be sworn before the Magistrate who was seized of the case.
Govind v. State, AIR 1969 All 405 : 1969 Cr LJ 963.
For the reasons given above, we are, therefore, of the opinion that affidavits in a case under
Section 145, Cr PC have to be sworn before the Magistrate, who is seized of the case
and not before any Magistrate or any other Officer not seized of the case unless a
notification is issued by the High Court or by the State Government as laid down
under Section 3(2) of the Indian Oaths Act.

40. AffidavitPower to administer oath or affirmation. In Ghulam Mohammad v. Hari

Chand, 1978 Cr LJ 299 at p. 301, Chhotan Prasad Singh v. Hari Dusadh, 1977 Cr LJ 249 : AIR
1977 SC 407, it was observed as follows :
It is, therefore, clear that all courts and persons having by law or consent of parties
authority to receive evidence are authorised to administer oaths adn affirmations, but
they can do so only where they are otherwise acting in the discharge of the duties, or
in exercise of the powers imposed or conferred upon them respectively of law. So the
Court or person mentioned in clause (a) of Section 4 of the Oaths Act, 1969 can
administer oath or affirmation to the deponent in an affidavit only if the Court or
person is acting in the discharge of the duties or in exercise of the powers imposed or
conferred upon them respectively by law.
All courts and persons having by law or consent of the parties authority to receive evidence
are authorised by themselves or by any officer empowered by them in this behalf to administer
oaths and affirmations in discharge of their duties or in exercise of the powers imposed or
conferred upon them respectively. It is only in the discharge of the duty or in exercise of the
powers imposed or conferred upon them respectively by law that courts as well as persons are
authorised to administer oath and affirmation. It, therefore, follows that a Magistrate, who has
no authority to receive evidence in any matter or upon whom no power is imposed or conferred
by law no authority to administer oath and affirmation. It is clear that the Third Class
Magistrate, Bhinmal had no jurisdiction to receive evidence in this case and as such affidavits
to be used before the Sub-Divisional Magistrate in proceedings under Section 145 of the Cr PC
could not be sworn before him. It was the Sub-Divisional Magistrate before whom the
proceedings were pending, who had a duty to decide the dispute and to receive evidence in the
proceedings. The affidavits could therefore, be sworn by him or by an Officer empowered by
him in this behalf and not by any other Magistrate. Hemdan v. State of Rajasthan, 1966 Cr LJ
60 at p. 62 (Raj).
41. Affidavit sworn before Clerk of District Court appointed as Commissioner of
Oaths.On February 16, 1959 the Government of Madhya Pradesh has issued a notification
under which District Judges were empowered under Section 139(c) of the Code of Civil
Procedure to appoint Commissioners to administer oaths on affidavits made under the said
Code and the District Judge, Jabalpur in exercise of the powers so conferred appointed, among
others, the Clerk of Court attached to his office to be ex officio, Commissioner for the purpose
of Administration of Oaths on affidavits made under the Code of Civil Procedure.
The contention of the first respondent is that the affidavit did not comply with the
requirements of Rule 94-A of the Conduct of Election Rules, 1961 because Moghe, was not a
Commissioner of Oaths, but was an officer for Administration of Oaths for the purpose of
Section 139(c) of the Code.
The Clerk of Court was appointed a Commissioner of Oaths under Section 139(c). It is
contended that the powers of such a Commissioner were to administer oaths for purposes of
affidavits under the Code of Civil Procedure and this meant Order XIX of the Code. It is pointed
out that none of conditions under which the affidavit is required under the order applies here.
It is argued that Commissioners appointed under one statute cannot swear affidavits
prescribed under another statute and Section 539 of the Code of Criminal Procedure is also
cited as an instance. This may be so. It may be that an affidavit sworn by a District Clerk of
Court may not be good for the purposes of the Code of Criminal Procedure and vice versa, but
that is because the restriction is to be found in Section 139 of the one Code and Section 539 of

the other. Rule 94-A of the Conduct of Election Rules, 1961 makes no such condition and
makes receivable an affidavit sworn before a Commissioner of Oaths without specifying of what
kind. In this view of the matter, the affidavit sworn before the District Clerk of Court, who
undoubtedly is a Commissioner of Oaths, can only be excluded by taking an extreme and
technical view which, is not justified. Kamal Narain Sarma v. Dwarka Prasad Mishra, AIR 1966
SC 436 at pp. 438, 439Reversing; AIR 1964 MP 273.
42. AffidavitsTo be filed before appropriate Officer of Court. The rules of Calcutta
High Court relating to application under Article 226 of the Constitution, lay down that every
petition shall be verified by the solemn affirmation by the petitioner or person or persons
having cognizance of the facts stated and shall state clearly by reference to the paragraphs of
the petition whether the statements are based on knowledge, information and belief, or on
records, where a statement is based on information, the source of information should be
disclosed and where the statements are based on records, sufficient particulars should be
given to identify the records. Such provisions would be available in Rule 14 of the Rules as
mentioned above. Rule 35 of the said Rules lays down that unless otherwise ordered, all
affidavits shall be filed before the appropriate officer of the Court. No affidavit shall be used
unless filed at least 24 hours before the sitting of the Court on the date fixed for the hearing
and no affidavit shall ordinarily be read at the hearing unless a copy thereof has been served
upon the respondent or his Advocate at least 24 hours prior to such hearing. In the Rules,
there is no mentioning of affidavits, which could be affirmed before a Notary Public. Sudebi
Sundari Mondal v. State of West Bengal, AIR 1983 Cal 1 at p. 2 : (1983) 1 Cal HN 169.
43. AffidavitWhether Third Class Magistrate competent to administer oaths and
affirmations. It is true for proceedings under Section 145 of the Cr PC no particular
authority, person or Court is specified by the Code to be competent to get an affidavit sworn or
attested. But the result of this situation is that an affidavit in order to be good evidence in a
proceeding under Section 145 of the Code has to be sworn before an authority which is
otherwise competent under some law to administer oath. In the light of the observations made
by me in an earlier part of this judgment, the Court of every Magistrate or other judicial officer
who is entitled to receive evidence is such a competent authority under Section 4 of the Oaths
Act, but an Oaths Commissioner appointed by the High Court under Section 139(b) of the Code
of Civil Procedure would not have any such jurisdiction or authority as he is not entitled to
receive evidence.
The provisions of Section 139(b) of the Code of Civil Procedure, paragraph 5 of Chapter 12B of the High Court Rules and Order, Vol. IV and the form in which the notification appointing
Oaths Commissioners are issued leave no doubt in Court mind that the Oaths Commissioners
are not authorised by this Court to administer oaths and affirmations other than those
required under the Code of Civil Procedure or to do any other judicial act.
An affidavit under Section 145 of the Code of Criminal Procedure cannot be sworn or
affirmed before a Commissioner or Oath Officer appointed by the High Court.
A Third Class Magistrate, who is the proper authority under Section 4 of the old Oaths Act
is not entitled to attest an affidavit or to administer on oath to the deponent of an affidavit
merely because the case to which the affidavit relates cannot be tried by such Magistrate
himself. Such an interpretation appears to me to nullify the very object of receiving evidence on
affidavits.

The words having authority to receive evidence in clause (a) of Section 4 of the Oaths Act
do not appear to me to be restricted to the authority of the Court to receive evidence in the
particular case to which the evidence relates but refers to the jurisdiction and power of the
Court to receive evidence in any case which jurisdiction or authority must be conferred on the
Court either by law or by consent of the parties. If a Third Class Magistrate has by law the
authority to receive evidence he is competent to administer oaths and affirmations to everyone
under Section 4 of the Oaths Act (old). Ahamad Din v. Abdul Salem, AIR 1966 Punj 528 at pp.
529, 530.
44. Affidavit which may be used as evidence in proceeding under Section 145, Cr PC.
In Ahmad Din v. Abdul Salem, AIR 1966 Punj 528: 1966 Cr LJ 1479, quoted in L. Bidhu
Singh v. K. Ibobi Singh, 1969 Cr LJ 124 at p. 127 : AIR 1969 Manipur 3, it was held that in
order that an affidavit should be a valid one, to be used as evidence in a proceeding under
Section 145, Cr PC, it may be sworn before any Magistrate, who is otherwise competent to
administer oath under Section 4 of the Indian Oaths Act and receive evidence.
45. Defective preliminary orderEffect. In Ghulam Mohammad v. Hari Chand, 1978 Cr
LJ 299 at pp. 301, 301 (J&K), it was observed as follows :
No doubt, the Notary under Section 8 of the Notary Act was empowered to administer oath
and take affidavits but that would not mean that the affidavit sworn or affirmed before
him would necessarily be received and considered as evidence, if he is not acting in the
discharge of his duties or in exercise of the powers imposed or conferred upon him by
law to receive such affidavits in evidence. Obviously, the Notary who had attested the
affidavits in question was not dealing with the dispute under Section 145, Cr PC
between the parties and as such the affidavits affirmed and sworn before him would not
constitute evidence for the purpose of Section 145, Cr PC. In this view of the matter
there was, therefore, no difference between an affidavit affirmed and sworn before a
Judicial Magistrate or an Executive Magistrate and an affidavit sworn and affirmed
before an Oath Commissioner of a Notary, as the case may be, as long as these persons
were not in seisin of the case under Section 145, Cr PC such affidavits as evidence in
the case.
A perusal of the preliminary order would obviously show that the same was defective in
several respects including the one mentioned by the learned counsel that the Magistrate
has failed to record in so many words his satisfaction with regard to the existence of a
dispute and because of it the likelihood of the breach of peace on the spot. The order is
couched in words rather strange in which after reproducing the allegations of the
applicants that he was in fear of likelihood of breach of peace on the spot because of the
dispute, the learned Magistrate was pleased to record only that the Court is satisfied.
The Magistrate should have stated with regard to what he was satisfied. In plain words,
the requirement of law was that he should have clearly stated that he was satisfied with
regard to the existence of the dispute on the spot and also that there was likelihood of
the breach of peace.
Unfortunately, however, the Magistrate has failed to comply with the requirement of law in
full but admitting that this infirmity did exist in the order it would not ipso facto lead to
the quashing of the proceedings on this ground alone in the absence of proof of any
prejudice having been resulted as a consequence thereof to the petitioner herein.

No injustice or prejudice appears to have been caused to the petitioner herein as he has
taken part in the proceedings after the passing of the preliminary order, submitted his
objections and also produced evidence in the form of affidavits and other documents.
The petitioner herein, has all along been aware of the nature of the case and has taken
part in the proceedings in full knowledge of it. The fact that an irregularity has been
committed in the matter of procedure unaccompanied by any suggestion of any
probable failure of justice having been occasioned thereby is not sufficient to invalidate
the proceedings.
It is now settled law that the preliminary order though not complete and legal in all respects
would not be sufficient to vitiate the proceedings unless there is proof of any prejudice
having been caused. The preliminary order in this case of course was not in strict
compliance with the provisions of clause (1) of Section 145, Cr PC, but this fact alone
would not be sufficient to vitiate the entire proceedings in the case. This is however not
to say that in a given case the finding of the Magistrate with regard to his satisfaction
about the existence of a dispute and likelihood of the breach of peace on the spot
should not be unambiguous and clear, but as has been stated above on the facts of the
instant case, it appear that no injustice has been caused on account of the failure of the
Magistrate to record his satisfaction in clear and unambiguous terms. A few other
defects have been found in the preliminary order but none of these goes to the root of
the case and no injustice has occasioned thereby. The contention of the counsel for the
petitioner herein that because of the defective preliminary order, the entire proceedings
have been vitiated cannot on the facts of the case be entertained and is therefore,
rejected.
46. Judicial proceeding cannot consist of recording of a statement on oath.Which
evidence can be legally taken on oath is laid down in the Indian Oaths Act (old). All Courts
having by law authority to receive evidence are authorised by Section 4 of the old Oaths Act, it
to administer oath in the exercise of the powers conferred upon them and by Section 5 oaths
are to be made by witnesses, e.g. persons who may lawfully be examined or give or be required
to give, evidence by or before any Court.
While an investigation is pending no authority has been conferred by any law upon any
Court to receive evidence and consequently no oath can be administered by any Court. Then,
as the High Court explained earlier, there are no persons who may lawfully be examined or give
or be required to give evidence before a Court. A statement made under Section 164, Cr PC is
made voluntarily by him; he cannot be asked to make it. He may refuse to be examined or to
make a statement before a Magistrate. Consequently, a Magistrate has no jurisdiction to
administer oath to a person before recording his statement under Section 164, Cr PC. Even if
he administers oath before doing so the investigation does not become a judicial proceeding
because the statement is not legally taken on oath.
The other possible proceeding is the proceeding of recording the statement itself. It is
impossible to speak of the statement being recorded in this proceeding; a statement cannot be
said to be recorded in a proceeding consisting solely of the recording of that very statement.
The definition of judicial proceeding indicates that the recording of the statement itself is
distinct from the proceeding in the course of which it is recorded. A judicial proceeding cannot
consist of the recording of a statement on oath itself. Sheo Raj v. State, AIR 1964 All 290 at pp.
294, 295 (FB).

47. Having authority to receive evidenceMeaning of. The words having authority to
receive evidence in clause (a) of Section 4 of the old Oath Act cannot be restricted to the
authority of the Court to receive evidence in the particular case, to which the evidence relates.
But it refers to the jurisdiction and power of the Court to receive evidence in any case, which
jurisdiction or authority must be conferred upon the Court either by law or by consent of the
parties. If a Third Class Magistrate has by law the authority to receive evidence, he is
competent to administer oaths and affirmations to everyone under Section 4 of the Indian
Oaths Act. If the parties are directed to swear before the concerned First Class Magistrate, who
is enquiring into the case, then it will only be a needless waste of time for him and the
proceedings are bound to drag on. The witnesses, who are out of station and who cannot be
conveniently called to the Court, will have to be compelled to appear before the concerned
Magistrate or a Magistrate authorised by the concerned Magistrate to administer the oath. L.
Bidhu Singh v. K. Ibodi Singh, 1969 Cr LJ 124 at p. 127 (Manipur) : AIR 1969 Manipur 3.
48. Affidavit under Notaries Act.The rules of Calcutta High Court relating to
application under Article 226 of the Constitution, lay down that every petition shall be verified
by the solemn affirmation by the petitioner or person or persons having cognizance of the facts
stated and shall state clearly by reference to the paragraphs of the petition whether the
statements are based on knowledge, information and belief, or on records, where a statement is
based on information, the source of information should be disclosed and where the statements
are based on records, sufficient particulars should be given to identify the records. Such
provisions would be available in Rule 14 of the Rules as mentioned above. Rule 35 of the said
Rules lays down that unless otherwise ordered, all affidavits shall be filed before the
appropriate officer of the Court. No affidavit shall be used unless filed at least 24 hours before
the sitting of the Court on the date fixed for the hearing and no affidavit shall ordinarily be
read at the hearing unless a copy thereof has been served upon the respondent or his advocate
at least 24 hours prior to such hearing. In the rules, there is no mentioning of affidavits, which
could be affirmed before a Notary Public. Sudebi Sundari Mondal v. State of West Bengal, AIR
1983 Cal 1 at p. 2 : (1983) 1 Cal HN 169.
49. Affidavits in a case under Section 145, Cr PC to be sworn before Magistrate, who
is seized of the case.In Fateh Singh v. Badan Singh, 1974 Cr LJ 137 (All), it was observed as
follows :
Under Section 145(4), Cr PC it is only mentioned that the parties are entitled to file
documents and affidavits. The Code of Criminal Procedure does not lay down the mode
of swearing the affidavit except Sections 439, 539-A and 539-AA of the old Code. A
perusal of these three sections makes it abundantly clear that these sections relate to
affidavits which are sworn before this Court and, therefore, Section 539-AA of the old
Code lays down that an affidavit to be used before any Court, other than a High Court
under Section 510 or 539-AA of the old Code may sworn or affirmed in the manner
prescribed in Section 539 of the old Code or before any Magistrate.
A perusal of Section 3 of the old Oath Act, therefore, makes it abundantly clear that under
sub-section (2) of Section 3, any Court, Judge or Magistrate can administer oath
provided that Court, Judge or Magistrate is authorised by the High Court to administer
oath or is authorised by the State Government. No notification has been brought to our
notice issued by the High Court or State Government giving such authority to any
Court, Judge or a Magistrate and therefore, sub-section (2) would not be applicable
unless such a notification is issued.

Thus we have to fall back upon Section 3 which lays down that affidavits can be
administered by courts in discharge of the duties imposed or in exercise of the powers
conferred upon them by law. Any Magistrate cannot administer oath to a person outside
his powers and duties. In view of sub-section (1) of Section 3, a Magistrate who is seized
of a case under Section 145, Cr PC can, therefore, only administer oath to a person
swearing an affidavit and no other Magistrate who is not seized of the case and who in
discharge of duty or power conferred upon him has no jurisdiction over the case can
administer oath to a person swearing an affidavit.
Section 8 of the Notaries Act, this power being given to the Notaries under the Act is only
limited to such persons who are appointed Notaries under this Act and not to
Magistrates. Court or other Officer to whom this Act does not apply. In the instant case,
oath was not administered to the person swearing the affidavits by any Notary.
It is true that inconvenience may be caused to a litigant but the Legislature, in its wisdom,
has enacted Section 3(2) of the Indian Oaths Act to relieve the litigant public of such
hardships. It is for the High Court or the State Government to issue the necessary
notification and unless that notification is issued, the law courts have to apply the law
as it stands and inconvenience, if any, caused cannot be removed by giving an
interpretation which the words used in the section do not permit.
The learned counsel for the applicant contended that this case, Vide Wahid v. State, AIR
1963 All 256, was decided prior to the amendment of the Oaths Act in 1969 and,
therefore, this decision being based on the interpretation of the earlier provisions of the
Oaths Act, would not at all be applicable. We have discussed in the earlier part of the
judgment that even in the amended Act, the power to administer oaths lies with the
Magistrate or Court or Officer who is seized of the case in exercise of the powers
conferred on him or in discharge of the duties imposed upon him. A perusal of Wahids
case, AIR 1963 All 256, goes a long way to show that it is in conformity with the view we
have taken.
Similar view has been taken in Paramhans Singh v. Seva, 1966 All WR 757, this case came
before Uniyal, J. on a difference of opinion between H.C.P. Tripathi and C.B. Capoor,
JJ., Uniyal, J. agreed with the view taken by C.B. Capoor, J., and held that affidavits
under Section 145 were to be sworn before the Magistrate who was seized of the case.
Govind v. State, AIR 1969 All 405 : 1969 Cr LJ 963.
For the reasons given above, we are, therefore, of the opinion that affidavits in a case under
Section 145, Cr PC have to be sworn before the Magistrate who is seized of the case and
not before any Magistrate or any other officer not seized of the case unless a notification
is issued by the High Court or by the State Government as laid down under Section 3(2)
of the Indian Oaths Act.
50. AffidavitSworn or affirmed before Notary. In Ghulam Mohammad v. Hari Chand,
1978 Cr LJ 299 at pp. 301, 302, it was observed as follows :
No doubt, the Notary under Section 8 of the Notary Act was empowered to administer oath
and take affidavits but that would not mean that the affidavit sworn or affirmed before
him would necessarily bed received and considered as evidence, if he is not acting in
the discharge of his duties or in exercise of powers imposed or conferred upon him by
law to receive such affidavits in evidence. Obviously, the Notary who had attested the
affidavits in question was not dealing with the dispute under Section 145, Cr PC

between the parties and as such the affidavits affirmed and sworn before him would not
constitute evidence for the purpose of Section 145, Cr PC. In this view of the matter
there was, therefore, no difference between an affidavit affirmed and sworn before a
Judicial Magistrate or an Executive Magistrate and an affidavit sworn and affirmed
before an Oath Commissioner or a Notary, as the case may be, as long as these persons
were not in seisin of the case under Section 145, Cr PC such affidavits as evidence in
the case.
A perusal of the preliminary order would obviously show that the same was defective in
several respects including the one mentioned by the learned counsel that the Magistrate
has failed to record in so many words his satisfaction with regard to the existence of a
dispute and because of it the likelihood of the breach of peace on the spot. The order is
couched in words rather strange in which after reproducing the allegations of the
applicants that he was in fear of likelihood of breach of peace on the spot because of the
dispute, the learned Magistrate was pleased to record only that the Court is satisfied.
The Magistrate should have stated with regard to what he was satisfied. In plain words,
the requirement of law was that he should have clearly stated that he was satisfied with
regard to the existence of the dispute on the spot and also that there was likelihood of
the breach of peace.
Unfortunately, however, the Magistrate has failed to comply with the requirement of law in
full but admitting that this infirmity did exist in the order it would not ipso facto lead to
the quashing of the proceedings on this ground alone in the absence of proof of any
prejudice having been resulted as a consequence thereof to the petitioner herein.
No injustice or prejudice appears to have been caused to the petitioner herein as he has
taken part in the proceedings after the passing of the preliminary order, submitted his
objections and also produced evidence in the form of affidavits and other documents.
The petitioner herein, has all along been aware of the nature of the case and has taken
part in the proceedings in full knowledge of it. The fact that an irregularity has been
committed in the matter of procedure unaccompanied by any suggestion of any
probable failure of justice having been occasioned thereby is not sufficient to invalidate
the proceedings.
It is now settled law that the preliminary order though not complete and legal in all respects
would not be sufficient to vitiate the proceedings unless there is proof of any prejudice
having been caused. The preliminary order in this case of course was not in strict
compliance with the provisions of clause (1) of Section 145, Cr PC, but this fact alone
would not be sufficient to vitiate the entire proceedings in the case. This is however, not
to say, that in a given case the finding of the Magistrate with regard to his satisfaction
about the existence of a dispute and likelihood of the breach of peace on the spot
should not be unambiguous and clear, but as has been stated above on the facts of the
instant case it appears that no injustice has been caused on account of the failure of
the Magistrate to record his satisfaction in clear and unambiguous terms. A few other
defects have been found in the preliminary order but none of these goes to the root of
the case and no injustice has occasioned thereby. The contention of the counsel for the
petitioner herein that because of the defective preliminary order the entire proceedings
have been vitiated cannot on the facts of the case be entertained and is therefore,
rejected.

51. Courts and persons authorised to administer oath or affirmation. In Ghulam

Mohammad v. Hari Chand, 1978 Cr LJ 299 at p. 301, Chhotan Prasad Singh v. Hari Dusadh,
1977 Cr LJ 249 : AIR 1977 SC 407 : 1977 Cr LJ 251, it was observed as follows :
It is, therefore, clear that all courts and persons having by law or consent of parties
authority to receive evidence are authorised to administer oaths and affirmations, but
they can do so only where they are otherwise acting in the discharge of the duties, or
in exercise of the powers imposed or conferred upon them respectively by law. So the
Court or person mentioned in clause (a) of Section 4 of the Oaths Act, 1969 can
administer oath or affirmation to the deponent in an affidavit only if the Court or
person is acting in the discharge of the duties or in exercise of the powers imposed or
conferred upon them respectively by law.
52. Power to order any point to be proved by affidavit.Any Court may at any time for
sufficient reason order that any particular fact or facts may be proved by affidavit, or that the
affidavit of any witness may be read at the hearing, on such conditions as the Court thinks
reasonable :
Provided that where it appears to the Court that either party bona fide desires the
production of a witness for cross- examination, and that such witness can be produced, an
order shall not be made authorising the evidence of such witness to be given by affidavit. Vide
Code of Civil Procedure, 1908, Order XIX, Rule 1.
In Kripashankar Mishra, Official Liquidator v. Anupsingh Bedi, AIR 1953 Nag 288 at p. 289,
it was observed as follows :
It was next contended that the order appealed from was a consent order and as such not
appealable. We cannot read the order as it stands as a consent order. The only consent
that we can find in the order appealed against is in respect of the remuneration to be
paid to the appellant until that day. If the parties intended to come to terms and to
enter into a compromise the simple thing to be done in those circumstances would have
been to file an application incorporating the terms of the compromise, assuming that
the Court was bound to recognise such terms. he Court in ordering liquidation and
appointing an official liquidator acts in the interests of the general body of share holder,
and naturally, therefore, has to pass such orders as would protect the interests of to
lead affidavit evidence in support of his contention that though the order under appeal
passed by the Court below is not in terms a consent order it was in substance a consent
order.
Order XIX, Rule 1 of CPC, which provides for the procedure applicable suits which by
Section 9, Madras Buildings (Lease & Rent Control) Act, 1949, as amended by Act 8 of 1951,
has been made applicable to proceedings under this latter Act sufficiently authorises the
procedure adopted by the Court below in the present case. It is contended by Mr. Venkatarama
Aiyar that because an order for eviction under the Madras Buildings (Lease & Rent Control)
Act, 1949 is executable as if it were a decree passed by the executing Court itself, the
procedure adopted by the Court below was irregular.
Merely because the order for eviction is to be executed as if it were a decree, it does not, in
court opinion, follow that the proceeding which has given rise to the order for eviction can be
regarded as a result suit, to which the ordinary procedure of trial of suits under the Code of

Civil Procedure applicable. The order for eviction may well be executable as if it were a decree
but the supposition is that it is not a decree excepting so far as the executability is concerned.
53. Adjudication on affidavits.Rule 1 of Order XIX, CPC gives powers to Court to decide
any point to be proved by affidavit. This can be done only when the claim does not exceed Rs.
25,000.
54. Affidavits, cannot be used as evidence under Evidence Act.It would be seen from
the mentioned authorities that the affidavit (Exhibit P-1) did not comply with the requirements
of law as the major part of it, which was on information received from others was not verified by
stating the source of information and the grounds of belief with sufficient particularity. That
affidavit was not better than a mere scrap of paper and could not have any value as evidence in
the case.
What evidence means and include, is described in Section 3 of the Evidence Act, but
affidavits are not included within that description. On the contrary, affidavits have been
expressly excluded by Section 1 of the Evidence Act from the applicability of that Act. That
means that affidavits cannot be used as evidence under any of the provisions of the Indian
Evidence Act. Affidavits can however, be used as evidence, only under Order XIX of the Civil
Procedure Code. In accordance with Order XIX, Rule 1 of the Civil Procedure Code, the Court
has, for sufficient reasons, to pass an order that any particular fact or facts may be proved by
affidavit. That would mean that affidavit evidence cannot be entertained unless the Court
passes an order, for sufficient reasons, that any particular fact or facts may be proved by
affidavits. While passing an order under Order XIX, Rule 1, to call for evidence on affidavits, it
is necessary to consider compliance with the proviso to Rule 1 and with the requirements of
Rule 2, under Order XIX, as the circumstances of each case may require. Shamsunder
Rajkumar v. Bharat Oil Mills, AIR 1964 Bom 38 at pp. 39, 40.
In Kanhaiyalal v. Meghraj, AIR 1954 Nag 260 : ILR 1954 Nag 603, wherein it was held that
in cases where affidavits are filed in support of applications and are received by the Court, the
order receiving the affidavit is tantamount to passing an order under Order XIX, Rule 1 of the
Civil Procedure Code and complies with the law. When an affidavit is filed, the Court official
receiving it ought to see that it is properly drawn up and verified as per Order XIX, Rule 3 of
the Civil Procedure Code and the instructions in Chapter XXIII, Civil Manual, Volume I. If it is
not properly drawn up or verified, it ought not to be received and the parties should be required
to file a proper affidavit. A judge ought not to act upon an affidavit which is not properly drawn
up and verified in accordance with the requirements explained in the CPC.
In Sorabji Medora v. Oriental Life Assurance Co., AIR 1944 Bom 351, with respect to the
undesirability of prolix affidavits which contain a great deal of unnecessary and argumentative
matter.
55. AffidavitDefect in verification.. Ordinarily the verification should be signed by the
person making it and state the date on which and the place at which it was signed. The
verification of Ex. PW/7-1 has been signed by M without specifying the date and place of the
execution of the affidavit. A defect in verification is only an irregularity and not fatal. Mehar
Singh v. Mahendra Singh, AIR 1987 Del 300 at pp. 301, 302.
56. Affidavit, evidentiary value of.. In Abdul Rashid v. Calcutta Municipal Corporation,
AIR 1990 Cal 37 at pp. 41, 42 (para 9), it was observed as follows :

I have considered the facts of the case and the submissions advanced by the learned
Advocates of the parties as well as perused the papers. One thing stands out clear
from the petition and affidavits filed by the parties that the petitioner has hopelessly
failed to establish his tenancy right in the portion of the premises in question at 1-A,
Gokul Boaral Street. Only in 1988, he rushed to the City Civil Court to file a suit for
declaration of his tenancy right in the said premises with an application for temporary
injunction relating thereto. This too when the Calcutta Municipal Corporation refused
to renew the trade tax under Section 199 of the Calcutta Municipal Corporation Act,
1980. The petitioner has annexed only two challans of deposit of rent for the months of
January, 1988 and April, 1988. The rent of Rs. 248/- per months, as claimed by the
petitioner, for the month of January, 1988 was deposited on 27th April, 1988 and that
of April, 1988 on 16th June, 1988. This itself shows how diligent and sincere the
petitioner is in establishing his right of tenancy in the premises. Of course, a bunch of
trade licence of the Corporation have been annexed with the writ application right from
1974. These bunch of trade licences is a sad commentary on the performance of the
Calcutta Municipal Corporation and demonstrates how callously these trade licences
are issued to those who just throw the required fees at the Corporations counter and
thereby create documentary evidence in support of profession or trades or callings;
and the Corporation merely issues the tax licences without compliance of sub-section
(3) of Section 200 of the Act. Another set of annexures with the writ application is
some order to M/s. Rashid Motor Works but these orders cannot conclusively establish
the fact that the petitioner was carrying on his motor car repairing business at this
very premises or he merely used to receive the communication at this address and
carry out the orders at some other place. In support of the contention that no rent
receipt is granted by the respondent 8 as a Rule to his tenants an affidavit by one
Kedar Prasad of 1-A, Gokul Boral Street affirmed before a Notary Public on 31st June,
1988 was also annexed with the writ application, the relevant portion of which is that
the said Kedar Prasad is also a tenant induced by Beswanath Dey Sarkar but no rent
receipts are granted to him as well. This affidavit cannot be relied upon as the said
Kedar Prasad has signed in Hindi and it does not appear from the body of the affidavit
that the text of this documents in English was explained to him by anybody. Apart
from the civil suit several criminal proceedings were also initiated by the petitioner and
the one being Case No. 1896 of 1988 is blatant example of the petitioners sense of
vengeance and mean mindedness. The petitioner under various sections of the Indian
Penal Code filed a complaint before the learned Judicial Magistrate at Sealdah that at
about 9 Oclock at night on 11th October, 1988 the respondent No. 8 along with his
wife and the old mother and another accused person went to his residence at 15/1,
Noor Ali Lane within P.S. Beniapukur and forcibly trespassed into the petitioners
room, physically assaulted the petitioner with fists and blows, ransacked the articles
within a twinkle of eye and broke mirror fitted in an almirah. I wonder whether such
a carnage can be enacted by two ladies of which one is an old widow and another her
daughter-in-law and that too far away from their residence at such a late hour of night.
No sensible person can believe this cock and bull story but I leave this matter for the
learned Magistrate to decide.
In Suda Devi v. M.P. Narayanan, AIR 1988 SC 1381 at p. 1383, it was observed as follows :

The only evident relevant to this part of the case is to found in the oral evidence of the
plaintiffs sole witness Nand Kumar Tibrewal. The High Court (in appeal) has declined
to rely on his evidence mainly on the ground that the witness has not disclosed his
concern with the suit property or his relationship with the plaintiff. He has been
rejected as incompetent. The learned counsel for the appellant contended that the
witness (now deceased) was the husband of the plaintiff-appellant and thus he was
fully conversant with the relevant facts. The criticism by the High Court that the
witness did not stage anything in his evidence which could connect him with the
plaintiff or the property and thus make him competent was attempted to be met before
us by relying on an affidavit filed in this Court. We are afraid, the plaintiff cannot be
allowed to fill up the lacuna in the evidence belatedly at the Supreme Court stage.
Besides, affidavits are not included in the definition of evidence in Section 3 of the
Evidence Act and can be used as evidence only in for sufficient reason, Court passes
an order under XIX, Rule 1 or 2 of the Code of Civil Procedure.
57. Affidavit not constituting evidence.In Gajjan Singh v. Ram Lok, AIR 1978 Punj 307
at p. 309, it was observed as follows :
His affidavit was filed without any prayer having been made or without any order having
been passed by the Court for enabling the counsel to give his evidence on affidavit. In
this manner, Order XIX, Rule 1 of CPC was contravened and the learned Appellate
Authority was right in concluding that the affidavit could not by itself constitute
evidence to be considered in the case. It cannot be disputed that the principle behind
Order XIX, Rule 1 of CPC is equally applicable to proceedings under the East Punjab
Urban Rent Restriction Act, 1949.
58. AffidavitNot to be treated as evidence. Order XIX, Rule 1, CPC provides that any
Court may at any time for sufficient reason order that any particular fact or facts may be
proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such
conditions as the Court thinks reasonable. Thus, under Order XIX, Rule 1, the condition
precedent is that the Court must permit the person who wants to produce affidavit of the
witnesses as evidence. Court can only permit where there are sufficient grounds for its
satisfaction to do so. In the ordinary course, an affidavit cannot be used as evidence to prove a
particular fact. It can only be used as an admission of a party under Sections 18 to 21 of the
Evidence Act can be used against the party making such admission. However, it cannot be read
as evidence and affidavit cannot be treated as evidence under Section 3 of the Evidence Act,
unless the Court permits the production of affidavit. Jagdish v. Premlata Rai, AIR 1990 Raj 87
at p. 90.
59. Affidavit in execution petitions.In Seeli Tirupati v. Bhupathi- raju, AIR 1963 AP 445
at p. 447, it was observed as follows (para 7) :
The view of the Additional District Judge that an agricultural labourer is not an
agriculturist is not tenable and it is set aside. But that does not dispose of this appeal.
The appeal is only on behalf of the four judgment-debtors Nos. 12, 15, 35, 51. So far as
Nos. 15 and 51 are concerned, they have not filed affidavits in proof of the fact that they
are agricultural labourers. The only evidence before the Court were Exs. A-1 and A-2,
their depositions, to the effect that they were mere labourers living on daily wages. It is
not clear whether the labour was agricultural labour or otherwise. The learned
Additional District Judge disposed of this case by holding that they are stray labourers
prepared to do any work, but they were not exclusively agricultural labourers. It is

hardly a satisfactory way of disposing of the matter. Judgment-debtors Nos. 12 and 35

filed affidavits, but the lower Court did not rely upon them on the ground that it is their
mere ipse dixit.
A further contention is now raised on behalf of the respondents (decree-holders) that
affidavits cannot be acted upon in execution petitions which are original proceedings, and not
interlocutory applications. Reliance was placed for this contention on Order XIX, Rules 1 and
2, CPC and also the decisions in Saraswathamma v. Amruthamma, ILR 1957 AP 165, and
Gopikabai v. Narayan, AIR 1953 Nag 135, this is no doubt a valid objection, but there is
nothing to indicate that when the learned Additional District Judge adopted this procedure and
received these affidavits with out examining witnesses, any objection was raised by the
respondents. I cannot, therefore, on this technical ground, reject the contention raised on
behalf of the judgment-debtors, and allow their residential houses to be sold. This matter
requires a more careful investigation. Both parties have agreed that an opportunity may be
given to adduce evidence.
60. AffidavitProving of facts by. In B.N. Munibasappa v. G.D. Swamigal, AIR 1959 Mys
139, para 17, 24, quoted in AIR 1968 Guj 198 at p. 202, it was observed as follows :
In my opinion, while it would not be correct to say that an affidavit cannot be regarded as
evidence even though it is properly produced under Rule 1 or 2 of Order XIX of the Code
of Civil Procedure, it is clear that an affidavit can never take the place of evidence
recorded in the ordinary way unless the case is one to which the provisions of those
rules apply or the affidavit relates to a matter like an application for an attachment or
an injunction in regard to which the Code itself has made express provision.
If one examines the provisions of the Code of Civil Procedure, it is seen that it refers to
specific instances where the Court is expressly permitted to act upon affidavits. Those
are cases like those referred to in Rule 19 of Order V, Rules 8 to 20 of Order XI, Rule 3
of Order XXXII, Rules 1 and 5 of Order XXXVIII and Rule 1 of Order XXXIX of the Code
of Civil Procedure.
Ordinarily, except in such cases, it is obvious that evidence has to be recorded in the
manner specified in Rule 4 of Order XVIII unless an order to the contrary is properly
made under Rule 1 of Order XIX of the Code of Civil Procedure. As I have mentioned in
order to justify an order to what effect under that rule, there must be sufficient reason.
That would also be the position where the opposite party does not dispute or is not
interested in disputing the facts sought to be proved by affidavit. That is the practice
which is also being followed in uncontested probate proceedings and other uncontested
proceedings under the Indian Succession Act. But, if a case is not a case of that kind,
and the facts presented by a case, which are disputed have to be proved, it may,
perhaps, be possible in a very exceptional case, to direct a particular fact or facts in
such a case to be proved by affidavit. Vide V.N. Munibasappa v. G.D. Swamigal, AIR
1959 Mys 139.
61. Affidavit to be properly verified in accordance with law. Affidavit which is not
properly verified in accordance with law is not affidavit in the eye of law and cannot be relied
on. State v. S. Film Exchange, AIR 1974 Raj 31 : 1973 Raj LW 608.
Ordinary the verification should be signed by the person making it and state the date on
which and the place at which it was signed. The verification of a document has been signed by
M without specifying the date and place of the execution of the affidavit. A defect in

verification is only an irregularity and no fatal. Mehar Singh v. Mahendra Singh, AIR 1987 Del
300 at pp. 301, 302.
62. Affidavit to be specific without containing expression of opinion.The affidavit
filed by the Union Government contained the expression of opinion, not specific but to the
context of the general policy, is held not deemed to be an admission on a particular point and
not binding on the Union Government as an estoppel. J.K. Steel Ltd. v. Union of India, AIR 1970
SC 1173; N.C. Singhal v. Union of India, AIR 1980 SC 1255.
63. Affidavit, use of, as admission.In Dominion of India v. Rupchand Heerachand, AIR
1953 Nag 169 at p. 171, it was observed as follows (para 9) :
Shri Mahajan has evidently no personal knowledge of these transactions and the affidavit
is not sworn in accordance with the provisions of Order XIX, Rule 1, CPC. It was not
tendered in evidence and the plaintiff had no opportunity of testing the correctness of
these answers. We pointedly asked the learned counsel for the defendant to bring to
our notice any provision of law under which the affidavit could be sued as substantive
evidence for his client, but he has not been able to do so. No doubt, the statements can
be used as admissions of the defendant against its interests made in the course of the
suit, but that does not entitle the defendant to use them as evidence on its behalf
unless they are made evidence in the case.
64. AffidavitsUse of conjunction. The use of the conjunction and/ or is not a rare
feature in the affidavits. In the affidavit of the petitioner also this conjunction has been used.
J.J.S. Rodrigues v. Union of India, AIR 1967 Goa 169 at p. 186.
65. Affidavit, verification of.In Husain Kamil v. Ram Sewak, AIR 1964 All 86 at p. 92, it
was observed as follows :
Having considered the facts of the case, the pleadings of the parties and the evidence on
the record, we are of the opinion that in the present case, the Tribunal exercised its
discretion wrongly. The learned Member of the Tribunal was led into this error because
he thought that the circumstance that the matter had been left to the discretion of the
Tribunal indicated that normally inspection should be refused. We have already said
above that there is nothing in the Act or the Rules which can justify such a conclusion.
We have found it difficult to see as to what better method could there be of proving that
votes cast in favour of the appellant were excluded from his count and a large number of
votes had been wrongly included in the count of the contesting respondent than
allowing inspection of the ballot papers and enabling counsel to point out on the ballot
papers which he thought have been wrongly excluded from the count of the appellant or
wrongly included in the count of the contesting respondent.
The appellant not only made repeated applications for inspection being allowed but also
tendered all the ballot papers solemnly and formally as evidence on his behalf.
Admittedly, the ballot papers were before the Tribunal. Under these circumstances, we
have found it extremely difficult to appreciate the objection of the Tribunal either to
inspection being allowing or to himself looking into the ballot papers. Mr. Har Govind
Dayal, who appeared for the respondents had to admit that no restrictions had been
placed on the powers of the Tribunal and it committed a manifest error of law in
assuming that the scheme of the rules was to normally refuse inspection, but he has
contended that the affidavit filed in support of the first application for the inspection of
the ballot papers was not in proper form and had not been verified in accordance with

the law. It is contended that it has not been shown in the verification clause as to on
whose knowledge paragraphs 1, 2, 3 and 7 of the affidavit have been sworn to be true.
It is also complained that it has not been mentioned in the verification clause as to on
whose information the deponent of the affidavit believed the contents of paragraphs 4(a)
and 4(b), 5, 6(i) to 6(iii), 8, 9, 10 and 12 to be true. It is true that the verification clause
is not very happily worded, but it must also be remembered that at the time when the
affidavit was filed, neither the Tribunal nor the contesting respondent nor his counsel
objected to the acceptance of the same. It was open to the contesting respondent or the
Tribunal to object to the affidavit and in that case another affidavit could have been
filed by the appellant. No prayer was also made for the cross-examination of the
deponent of the affidavit by the contesting respondent. The affidavit was not intended to
be a piece of evidence in the case but was required only to support an application made
for the inspection of the ballot papers and other connected documents.
Consequently, we are of the opinion that the objection not having been raised in the trial
Court, it cannot be allowed to be raised for the first time before us.
Apart from it, the Rules provide the form in which an affidavit is to be verified in connection
with election petitions, Form 25 read as follows :
The petitioner in the accompanying election petition calling in question the election of
Shri/Shrimati............... (respondent No.......in the said petition) make solemn
affirmation/oath and say,
(a)

that the statements made in paragraphs...................... of the accompanying

election petition about the commission of the corrupt practice of..... and the
particular of such corrupt practice mentioned in paragraphs........ of the same
petition and in paragraphs..... of the Schedule annexed hereto are true to my
knowledge;

(b)

that the statements made in paragraphs..................... of the said petition about

the commission of the corrupt practice of.... and the particulars of such corrupt
practice given in paragraphs..... of the said petition and in paragraphs....... of the
Schedule annexed thereto are true to my information.

Learned counsel for the appellant submitted that the form for verification to be adopted in
matters relating to election petitions should be one in conformity with Form 25 of the
Rules and that the rules of the High Court contained in Chapter VI of the Rules of this
Court are not applicable to election petitions and connected proceedings. In our
judgment, there is substance in this submission. Learned counsel for the contesting
respondent has invited courts attention to Order XIX, Rule 3 of CPC as amended by this
Court also and has made a reference to Rules 8 to 15 added by this Court.
In the Courts opinion, the amendment made by this Court to the Code of Civil Procedure
cannot govern a matter relating to the conduct of election petitions in derogation of the
provisions of the Act and the Rules framed thereunder. In the first place when Section
92 of the Act made the Code of Civil Procedure applicable to proceedings before the
Election Tribunal, it contemplated the Civil Procedure as passed by the legislature and
not inclusive of local amendments. The Act is an All India Statute and an election
petition from whatever State it may arise, can be sent for trial by the election
Commission before any Tribunal situated in any part of India. Consequently, it cannot
be said that if an election petition is tried in Allahabad, the Code with local

amendments would apply but if the same petition was to be tried in Madras or in
Bombay or in Punjab, the local amendments of Allahabad would not apply. There has
got to be uniform law and practice for the whole of the country in a matter like this.
Consequently, we are of the opinion that when Section 92 of the Representation of
People Act, 1951 made the Code of Civil Procedure applicable to proceedings in an
election petition, it only made the provisions of the code, exclusive of the local
amendments, applicable.
But quite apart from it, there is nothing in the Code or any local amendments which can
apply in derogation of the Act or the Rules framed thereunder. In Mallappa Basappa v.
Desal Basavaraj Ayyappa, AIR 1958 SC 698, the Supreme Court clearly held that the
provisions of the Representation of the People Act as a whole constitute a self contained
Code governing the trial of election petitions. The Allahabad amendments cannot
override Form No. 25. The affidavit filed by the petitioner is in substantial compliance
with Form No. 25 and even though it is not in strict conformity with Rules 8 and 9 of
the Rules added by this Court to Order XIX, CPC, it cannot be said that the defect is
vital and the prayer for inspection was rightly refused.
In State of Bombay v. Purshottam Jog, AIR 1952 SC 317, it was observed as follows :
We wish, however, to observe that the verification of the affidavits produced here is
defective. The body of the affidavit discloses that certain matters were known to the
Secretary, who made the affidavit personally. The verification however states that
everything was true to the best of his information and belief. We point that out as
slipshod verification of this type might well in a given case lead to a rejection of the
affidavit. Verification should invariably be modelled on the lines of Order XIX, Rule 3 of
CPC, whether the Code applies in terms or not. And when the matter deposed to is not
based on personal knowledge the sources of information should be clearly disclosed.
66. AffidavitWhen filed by Law Officer on behalf of I.G. Registration. In M/s. Park
View Enterprises v. State, AIR 1990 Mad 251 at p. 260, it was observed as follows :
Additional counter affidavit was filed on behalf of second respondent in W.P. No. 603 of
1989 etc., batch of cases. It is not known as to how a Law Officer in the office of the
Inspector General of Registration could succor to an affidavit, instead of the Inspector
General of Registration himself, which is invariably the practice, when he is impleaded
as a party to a proceeding. Law Officer could only advice and cannot take a decision,
and for administrative decisions taken by the Inspector General of Registration, he
cannot be the deponent of an affidavit on his behalf.
67. Model Forms.
(1) Application-cum-affidavit. A General Stamp of Rs. 6.00 be purchased and attached
with this application-cum-affidavit before executing it to denote the Stamp Duty paid thereon.
To,
The Administrator-General.

Sir,

In the goods of.......................................... deceased

I beg to request bove mentioned estate under Section 29 of the Administrator Generals Act,
1963 as the total value of the estate within the Uttar Pradeshthe favour of your kindly granting
me a certificate in connection with the a did not exceed Rs. 15,000 on the date of death.
Necessary particular as required by the Administrator Generals Rule, are given below :
1. Full Name of the deceased.
2. Date and place of death.
3. Nationality, domicile caste, age, address and occupation of the deceased.
4. Full name, nationality, domicile of the applicant with address and occupation.
5. Relationship of the applicant to the deceased.
6. Did the deceased leave a will? if so, the original with an English translation if the will is
not in English, must be annexed together with the affidavit of an attesting witness in the form
attached.
N.B.If the executor does not wish to act, letter to that effect should be annexed.
7. Was the deceased a member of Joint Hindu Family?
8. Did the deceased leave surviving him or her any of the following. Give full name,
nationality, domicile, address and age :
(a)

Wife or Husband.

(b)

Sons.

(c)

Daughters.

(d)

Grand children being children of sons and daughters who died before the deceased
(mentioning parent).

(e)

Father and mother.

(f)

Brothers and sisters and children or pre-deceased brothers and sisters (mentioning
parent).

(g)

Failing all above, any relation or next-of-kin entitled to a share in the estate.

N.B.If any of the above have a prior right to the application to the grant of certificate their
written consent to the grant to the applicant should be annexed.
9. Full particulars of the property left by the deceased in Uttar Pradesh with value at the
date of death.
10. Particulars of the liabilities against the estate of the deceased.
No person has obtained from any court or authority in India any Probate the Will or Letters
of Administration or Certificate entitling him or her to collect the estate of the deceased.
Swear
I..............Solemnly affirm.............that the statement made above are true to my own
knowledge and I undertake to administer the estate of the deceased according to law in the
event of the certificate under the administrator Generals Act, 1963 being granted to me.
Signature of the Applicant

Swear
Solemnlyaffirmon this..day of20, before me.
Signature of the Magistrate,
Justice, of Peace,
Seal

Notary Public or Commission of Oath

before whom signed and executed

(2) Letter of indemnities (Scooter).

I/We had booked a Vespa Scooter of the Company under the scheme for public booking
which commenced on 17.1.1983 and closed on 9.9.1983. In response to me/or our application
the Company rejected/cancelled my booking and a written request received from me/us and
mailed the refund pay orders under certificate of posting, the details of which are given
hereunder :
Area Code
No.

Delivery No.

Refund Order
No.

Date of Refund Amount Refund

Order
Order

The Refund Pay Order (s) sent by the company has/have been received but thereafter
lost/misplaced by me/us. I/we have not collected, endorsed or otherwise dealt with or disposed
of aforesaid Refund Pay Order(s) in any manner whatsoever.
I/we have requested the company to pay me/us the aforesaid amount of refund in respect
of the application(s) made my me/us on the basis of a Letter of Indemnity to be executed by
me/us in favour of the company who has agreed to pay the said amount of refund on the basis
of Letter of Indemnity to be executed as aforesaid by me/us.
In connection of the company agreeing to pay amount of refund in respect of the
application(s) made by me/us as aforesaid, I/we agree, at all times and from time to time
hereafter, to indemnify and hold indemnified the company and his officers against all action,
consequences, claims, costs, demands, loss, charges, damages, expenses and other abilities of
whatsoever nature which the company may incur, sustain or become liable to by reason of
payment of the aforesaid refund orders amount and particularly if the aforesaid original
Refund Pay Order(s) was/were subsequently found to have been collected, in any manner
whatsoever.
Further, I/we hereby undertake to return to the company the original Refund Pay Order(s)
should the same be received by me/us now or at any time hereafter on or without any demand
by the Company.
Without prejudice to the indemnity hereby offered, should it be found that the amount on
account of the aforesaid Refund Pay Order(s) has been received by me/us twice over, I/we

hereby also undertake to pay to the Company the amount of Refund Pay Order(s) together with
interest @18% per annum from the date of duplicate payment.
I/we hereby also agreed to the jurisdiction of courts within the State of Uttar Pradesh in
aforesaid matter.
I/we have hereon to set out respective hands at..............this.............. day of..............1987.
.
.
Names(s)
Signatures(s)
Executed in the presence of:

Address :

Signature :
Name :
(3) Declaration of age before an Insurance Co.
I..............son of..............by occupation..............residing at.............. do hereby solemnly
affirm and declare that to the best of my knowledge and belief, I was born at.........on
the..........day of.........one thousand......... hundred..............and..............year of age.
I make this solemn declaration solemnly and sincerely believing the same to be true and
knowing that on the faith hereof the Life Insurance Corporation of India will admit my age in
their records and that this declaration would be receivable as evidence in any future litigation
that may take place in connection with the policy and that to the best of my knowledge and
belief no other reliable documentary evidence is available in proof of my age.

(Signature of) (Proposer/Life assured).

Declared before Me at.........and certified that the declaration has been read over to and
understood by the declarant this..............day of.............. 20..............

(Magistrate or a Notary or any officer

empowered to administer oaths in
non-court matters).

(4) Bank Locker

Inventory of Locker No...............in the name of Smt............... prepared in the presence of
the Signatories of this Inventory on 18.5.1984. Both the Locker/Hirers have died. Receipt of
the articles obtained on Locker Register from all the Heirs in the Judgment/Suit No...............
of..............Vs...............Judgment of the..............dated..............
Item

Weigh

Value

1. One Gold Bangle

64 Gms

..........

2. One Golden Jarau Mang Tika 9 Gms & 500 M Gms

..........

Total Value
(Rupees eleven thousand only)
..............

..............

Advocate Notary

..............

Bank Officer

..............

Witnesses :
1. ..............

Manager address

2. ..............
3. ..............
4. ..............

(5) Letter of Identity with respect to payment of balance in the deceased constituent
account without production of legal representation
To,
State Bank of India
Branch,
Distt.
In consideration of your paying or agreeing to pay me..............widow of
Late..............r/o..............Village..............P.O.............District..............,
the
sum
of
Rupees..............standing at the credit of saving bank.............. deposit account No...............
(insert here the names of the heirs of the deceased) with your Bank in the name of
Shri..............since deceased, without production of letter of Administration or a Succession
Certificate to his/her estate or a certificate from the Controller of Estate Duty to the effect that
estate duty has been paid or will be paid or none is due, I, Smt............above named and I,
Sri..............S.B. A/c No..............at S.B.I., Naini Branch, Allahabad in service
of....................state here the names of the sureties do hereby for ourselves and our heirs, legal
representative, executors and administrators, jointly and severally undertake and agree to
indemnify you your successors and assigns against all claims demands, proceedings, losses,
damages, charges and expenses which may be raised against or incurred by reason or in
consequence of your having agreed to pay or paying me the said sum as aforesaid.
In witness whereof, we have hereunto set out hands at Allahabad in presence of
Sri..............S/o Sri..............r/o..............this ..............day of..............one thousand nine
hundred and eighty six only.
Signed and delivered
By the above-named
Witnesses :
Name and addresses of witnesses
1 ...............

1 ...............

2. ..............

2. ..............

(6) Before the State Bank of India Karchana Branch Allahabad

Affidavit
of..................aged...................S/o
Sri..............R/o..............
Village..............P.O...............Tehsil.............. District.............. (in service of Allahabad, S.B. A/c.
.at SBIDistt
I, the deponent above named do hereby make oath/solemnly affirm and say as follows :
1. That Sri.............. died intestate on..............address).
2. That we know the deceased and his family since the last ten years.
3. That at the time of his death the deceased left surviving him the following persons who,
according to the law by which they are governed, are the only legal heirs of the deceased
entitled succeed to the estate of the deceased on an intestate succession.
I..............age 30 years wife (widow) late Sri..............aged.............. (widow) late..............
4. That I am not related in any manner whatsoever to the deceased or any of the abovementioned persons nor have any claim or interest of whatsoever nature in the estate of the
deceased.
5. That I am informed and I verify believe that the deceased has left certain deposits/assets
with the State Bank of India..............Branch, to which the above-mentioned persons are
entitled to claim.
6. That we are making this solemn declaration sincerely and cons cientiously believing the
same to be true and with full knowledge that it is on the strength of this declaration that the
State Bank of.............. Branch..........Distt........... has agreed, at my request, to make payment
of the amounts of the deposits/to believe the assets to the above-mentioned persons without
insisting on production by them of grant of legal representation of the estate of the deceased
from a competent Court.

(7) Loss of Booking Slip of New Gas Connection

Before M/s...............Gas Service..............Distt...............
I............................son of..............resident of..............Distt............... solemnly confirm and
declare
that
I
have
booked
a
New
Gas
connection
vide
Booking
Slip
No...............dated..............but the aforesaid booking slip has been lost by me and that the
same has not been misused by me. In the event the said booking slip is found at a later date
the same will not be misused but it will be returned to the authorities concerned.
Dated..............

Deponent

(8) Loss of subscription voucher in Gas ServiceAffidavit on appropriate Court Fee

Stamp
I......................S/o Sri late..............resident of.............Distt............ do solemnly affirm and
declare that I was an Indian Consumer of M/s...........Distt...........Reference Consumer
No...............and subscription voucher No...............dated..............that the said subscription

voucher is lost by me and has not been used by me, I also confirm that in the event the said
subscription voucher is found at a later date, the same will not be misused but returned to the
authorities concerned, I had deposited an amount of Rs...............with M/s...............as security
deposit.
Dated..............

(Deponent)
(9) Loss of subscription voucher

(On appropriate court fee stamp paper for the state concerned) AFFIDAVIT
I............................aged...................years....................and
(surname)
(Name,
middle
name)................................. an Indian inhabitant residing at..............(address)..............do
solemnly affirm state as follows :
1. That I had an Indane Gas Installation at..............in my name (Full address)..............and
my consumer No. was..............
2. That I returned the gas cylinder and regulator to Indian Oil Corporation Limited/Indian
Distributor
M/s...............on
(Name
and
Address).............dated...........due
to
........Transfer..........(Reason)............
3. The Indian Oil Corporation Limited/the said Distributor M/s........ refunded my deposit
of Rupees..............(Rs...............) paid by me towards the cylinder and regulator and issued me
the termination voucher Number..............dated..............
4. That the referred termination voucher has been lost by me.
5. That I have not availed of an L.P. Gas Installation in my name at any place in India either
from Indian Oil Corporation Limited, or from any other Gas Marketing company in India by
using the above referred T.V.
6. That I undertake to return forthwith the above referred termination Voucher to Indian Oil
Corporation Ltd.,..............if found at any time in future.
Solemnly
affirm
by
the
within
Deponent..............date of..............20..............)

named.........................on

this..............

Before me.
(10) Affidavit of process-server to accompany return of a summons or notice (Order V,
Rule 18, CPC)
(Title)
The Affidavit of .................., son of ................ I ................ make oath/affirm ............. and
say as follows :
(1) I am a process-sever of this Court.
(2) On the .......... day of ............. 20 ............. I received a summons/ notice issued by the
Court of .............. in Suit No. ......... of 20 ......... in the said Court, dated the ............. day
of .............. 20 .............. for service on ...........
(3) The said ........... was at the time personally known to me, and I served the said
summons/notice on him/her on the .......... day of .......... 20 ..........., at about ........ 0clock in

the noon at ............. by tendering a copy thereof to him/her and requiring his/her signature to
the original summons/notice.
(a) .............................
(b) .............................
(a) Here state whether the person served signed or refused to sign the process, and in
whose presence.
(b) Signature of process-server.
Or
(3) The said ...................... not being personally known to me ........... accompanied me
to ........... and pointed out to me a person whom he stated to be the said .............. and I served
the said summons/notice on his/her on the .............. day of .......... 19 .............. at
about .......... 0clock in the ........... noon at notice/summons by tendering a copy thereof to
him/her and requiring his/her signature to the original summons/notice.
(a) .................................
(b) .................................
(a) Here state whether the person served signed or refused to sign the process and in whose
presence.
(b) Signature of process-server.
Or
(3) The said ............... and the house in which he ordinarily resides being personally known
to me, I went to the said house, in .............., and thereon the ............. day of ............ 20 .........
at about .............. 0clock in the ............... noon, I did not find the said .............
(a) ....................................
(b) ....................................
(a) Enterfully and exactly the manner in which the process was served, with special
reference to Order V, Rules 15 and 17.
(b) Signature of process-server.
Or
(3) One ................ accompanied me to .............. and there pointed out to me which he said
was the house in which .............. ordinarily resides. I did not find the said there.
(a) ............................
(b) ............................
(a) Enterfully and exactly the manner in which the process was served, with special
reference to Order V, Rules 15 and 17.
(b) Signature of process-server.
Or
(3) If substituted service has been ordered, state fully and exactly the manner is which the
summons was served with special reference to the terms of the order for substituted service.

Sworn/affirmed by the sad ......... before me this ....... day of .............. 20 .............
Empowered under Section 139 of the Code of Civil Procedure, 1908 to
administer the oath to deponents.
(11) Order for affidavit as to documents (Order XI, Rule 12, CPC)
(Title as in No. 1, supra)
Upon hearing ......................, it is ordered that the ....................... do within ........... days
from the date of this order, answer on affidavit stating which documents are or have been in his
possession or power relating to the matter in question in this suit, and that the costs of this
application be ........
(12) Affidavit as to documents (Order XI, Rule 13, CPC)
I, the abovenamed defendant C.D., make oath and say as follows :
1. I have in my possession or power the documents relating to the matter in question in this
suit set forth in the first and second parts of the First Schedule hereto.
2. I object to produce the said documents set forth in the second part of the First Schedule
hereto (state grounds of objection).
3. I have had but have not now, in my possession or power the documents relating to the
matters in question in this suit set forth in the Second Schedule hereto.
4. The last mentioned documents were last in my possession or power on State when and
what has become of them and in whose possession they now are.
5. According to the best of my knowledge, information and belief I have not now and never
had, in my possession, custody or power, or in the possession, custody or power of my pleader
or agent, or in the possession custody or power of any other person on my behalf, any account,
book of account, voucher, receipt, letter, memorandum, paper or writing, or any copy of or
extract from any such document, or any other documents whatsoever, relating to the matters in
question in this suit or any of them, or wherein any entry has been made relative to such
matters or any of them other than and except the documents set forth in the said First and
Second Schedules hereto.
(13) Affidavit of assets to be made by a judgment-debtor
[Order XXI, Rules 41(2), CPC]
In the Court of ................ A.B. ................ Decree holder.
Versus
C. ............................. Judgment-debtor
I ...................... of ................. State on oath/solemn affirmation of follows :
1. My full name is ..................................
(Block capitals)

2. I live at ..........................................
(14) Application under Section 5 of Limitation Act along with affidavit
In the Court of ....................... Civil Misc. Application No. ................ of 20 .........
(Under Section 5 of India Limitation Act)
In First Application Order No. ............... of 1992 .............
DistrictE and others .................

Petitioner
Versus

Uttar Pradesh State Road Transport Corporation and others......

Respondents
To,
The Honble Chief Justice and his other companion Honble Judges of the aforesaid Court.
The humble application of the applicant most respectfully showeth as under :
1. That on facts and circumstances of the case, stated in the accompanying affidavit, it is
just and expediment in the interest of justice that this Honble may most graciously be pleased
to condone the delay in filing the aforesaid appeal.
PRAYER
It is, therefore, most respectfully prayed that this Honble Court may most graciously be
pleased to condone the delay is filing the aforesaid appeal.
Counsel for the appellants.
In the High Court of Judicature at Allahabad
Affidavit
In Civil Misc. Application No. ............. of 1992.
(Under Section 5 of Indian Limitation Act)
In DistrictEtah
First Appeal from Order No. ......... of 1992.
Smt. Kamlesh and others

Petitioner
Versus

Uttar Pradesh State Road Transport Corporation and others

Respondents/Opp. Party
Affidavit of ...................... aged about 26 years, S/o .........................., R/o ..............
Deponent
I, the deponent abovenamed do hereby solemnly affirm and State on oath as under :
1. That the deponent is the Clerk to Sri ............., Advocate, High Court in the abovenoted
case and as such he is well acquainted with the facts deposed to below.

2. That the papers of the aforesaid appeal were received through post in the office of
Sri ................, Advocate on 10.1.1992.
3. That unfortunately the papers of the aforesaid appeal on account of oversight and
mistake of the deponent, were kept along with the papers of the another case and were thus
misplaced in the office of the aforesaid counsel.
4. That it was only on ................. when the aforesaid counsel visited Etah, the appellant in
the aforesaid appeal met the counsel and enquired about the aforesaid appeal.
5. That consequent upon the said enquiry the said counsel made frontia afforts to locate
the papers in his office upon his returned to Allahabad on ...........
6. That then the papers were found lying in another file. Thereafter the present appeal was
drafted, reported and filed.
7. That there has been no negligence on the part of the appellants in filing the present
appeal. Whatever delay has occurred, it has occurred on account of the over sight and mistake
of the office of Sri .............., Advocate.
8. That in the aforesaid circumstances it is just and expedient in the interest of justice that
this Honble Court may be pleased to condone the delay in filing the present appeal.
I, the deponent abovenamed do hereby declare that the contents of Paragraph Nos. ...........
of this affidavit are true to my personal knowledge; and those of Paragraph Nos. .......... of the
affidavit are based on record; adn those of Paragraph Nos. ....... of the affidavit are based on
information received; and those of Paragraph Nos. .......... of this affidavit are based on legal
advice, which all I believe to be true that no Part of it is false and nothing material has been
concealed in it.
So help me God.
Deponent
I, ................. Advocate, High Court, Allahabad do hereby declare that the person making
this affidavit and alleging himself to be the deponent in the name of person who in known to
me personally as my Clerk.
Advocate
Solemnly affirmed before me on this, the day of February, 1992 at about .............
A.M./P.M. by the deponent who has been identified by the aforesaid person.
I have satisfied myself by examining the deponent who has understood the contents of this
affidavit and has been read over and explained to him by me in Hindi.
Oath Commissioner
(15) Affidavit
(Letter requesting the Society/Company to note Banks lien on Shares/Flat)
Affidavit
I, ...................................son of...................................by religion, aged about.............years
residing at.............................on my own behalf/on behalf of M/s.........................the company,
of which I am the..............................do hereby solemnly affirm/make oath and state as follows
:

1.

I am/the company or the firm is the owner of the Flat/ Premises bearing
No............on............floor of the building known as ..................., having acquired
the same in the year..............and in respect of which................Co-operative
Housing Society Ltd./company (give the name of the company) has issued share
certificate bearing Nos............... dated........... I am in possession of the share
certificate/s issued by.............Co-op. Housing Society Ltd/company (give name of
the company) as original member or as transferee of shares and I have/the
company/firm has not dealt with the shares in any way so as to encumber the
same. They are free from encumbrance except the charge created/to be created in
favour of Bank.

2.

Nothing is due by me to the company/firm/to the Society/ company and as on date

I am/company/firm is not in arrears of any sum to the Society/company. I hereby
further confirm that no amount is due by me/the Company/firm to the
Government or Corporation or Local Authority towards arrears of land revenue
(Income Tax or Sales Tax) or any other sum which is recoverable from me/the
company/firm as arrears of land revenue and for the recovery of which the
Government or other Authority has got or may have first charge in terms of any law
for the time being in force.

3.

In consideration of advances made or to be made to me/Shri/

Smt./M/s..................by Bank, through.........Branch or any other Branch, the
share certificate/s No...............each bearing Nos.............dated...........held by
me/the Company/ firm in.............Co-op. Society/Company along with the required
blank Share Transfer Forms which are in the prescribed form under Byelaws/Company Rule duly signed have been pledged/deposited with Bank...........
Branch a security besides lodging other Title Deeds of mine/Company/ firm with
reference to flat/premises No..............in the said Society/Company.

4.

I hereby confirm that except by lodging/depositing the said share certificate/s with
Bank.............Branch pertaining to the flat/premises No............I have/the
company/firm has not dealt with the same by way of pledge/hypothecation or
mortgage of the flat/premises favouring any person/ authority whatsoever.

5.

I confirm having covenanted with the Bank..................that the right, title and
interest in or upon the premises/flat in question and or the shares held by me/the
company/firm relating to same will not be transferred in any manner to anybody
else including the nominee, if any, without written prior permission from
Bank................Branch with whom the share certificate/s along with other
documents pertaining to the flat/premises have been pledged/deposited as
security.

6.

I undertake not to apply for and obtain duplicate share certificate/s

from.....................................Co-op. Housing Society Ltd./Company either on the
ground of loss of original or on any other ground during the subsistence of
lien/charge over the aforesaid shares of flats in the Society/Company in favour of
Bank.

7.

I undertake not to do anything which will give rise to any action against me/the
company/Firm by the....................... Co-op. Society/Company to forfeit the shares
described above held in the Society/Company.

8.

I undertake to indemnify Bank and or the Society/Company or its members

including its Office Bearers against any loss, damage, demand, claim etc.
consequent to pledging of shares of the Society/Company as security.

9.

The..........................Co-op. Housing Society Ltd./Company shall not be responsible

if any legal action were to be taken by the Bank against me/the company/firm or
the flat/premises held in the Society/Company for the recover of dues. I say that
Bank is at liberty to transfer the shares pledged to any person who is a member or
a person who is willing to become a member of the Society/Company and the
authority to transfer shares pledged conferred on Bank shall be irrevocable.

10. I am/the Company/firm is in actual possession of the flat/premises and I

undertake not to part with the possession of the flat/premises without obtaining
prior permission of the Bank by inducting any person as lessee or licensee or in
any other capacity.
All this is true.
Deponent
Solemnly affirmed and signed before me on.................day of............. 200.....
In the High Court of ............ at............
Misc. Cr. Case. No............./Year
Applicant

A
Versus

Non-applicant

I........................ S/o............ aged............ years R/o............ District ............ do hereby

state on oath as under :
(a)

That, I am applicants Relative and conversant with the facts of the case, I am
authorized by the applicant to move an application for his release on bail.

(b)

That, I am authorized by the applicant to swear this affidavit on his behalf in

support of the bail application.

(c)

That, this is the First/Second bail application of the applicant before this Honle
Court. No other application of the nature is pending either before this Honble
Court or Court below.

(d)

That, I have engaged Mr. ............ Advocate as applicants counsel to move and
argue the bail application before this Honble Court on his behalf.

That the contents of the bail application are true to my personal knowledge.
Deponent
VERIFICATION
I........................ the deponent, do hereby verify that the contents of the affidavit from are
true to my personal knowledge.
Verified and signed on this........................ day of............ at ............
Deponent
Identified by me :
In the High Court of ............ at............

Misc. Cr. Case. No............./Year

Applicant

A
Versus

Non-applicant

I............... S/o.......... aged............ years R/o........... District ............ do hereby state on

oath as under :
1.

That, this is the First/Second bail application of the applicant before this Honble
Court. No other application of the nature is pending either before this Honle Court
or Court below.

2.

That, I am the applicant in the instant petition and as such I am fully conversant
with the facts of the case.

3.

That, I have engaged Mr. ............ Advocate as my counsel to move and argue the
bail application before this Honble Court on my behalf.

4.

That the statement of facts in bail application are true to my personal knowledge.
Deponent
VERIFICATION

I........................ the deponent, do hereby verify that the contents of the affidavit from Paras
1 to 4 are true to my personal knowledge.
Verified and signed on this........................ day of............ at ............
Deponent
Identified by me :

4. AGREEMENT (UNCLASSIFIED

SYNOPSIS
1. General.
2. Model Forms :
(1) Agreement with housekeeper.
(2) Agreement with Manager of the Garden.
(3) Agreement for loading and unloading.
(4) Cultivation agreement with share in produce.
(5) Agreement for carriage of goods.
(6) Agreement for appointment of sole selling agent by manufacturing
company.
(7) Agreement by Company Adopting Contract made on its behalf prior to its incorporation.

(8)

Provisional agreement between the Vendor and the Agent of the Company in Company
information stage.

(9) Agreement by Company for the outright sale of total Business as a working concern.
(10) Sale agreement of Business as a working concern.
(11) Supplementary agreement extending the time for completion of a purchase modifying terms
of the contract to the original contract.
(12) Sale agreement of Property.
(13) Agreement for loan against dematerialized shares & securities.
(14) Loan Agreement under Rental Scheme.
(15) Agreement for term loans.

1. General.An agreement is a consensus of two or more minds in anything done or to be

done. Need of an agreement is felt in every sphere of social life. Whether oral or in writing,
everyone enters into agreements while dealing with others. Such agreements may be in regard
to business, trade, education, travel, insurance, relating to service, medical facilities, domestic
matters and so on. Under section 2 of the Indian Contract Act, an agreement has been defined
to mean every promise and every set of promises forming the consideration for each other in an
agreement. All agreements are contracts if they are made by the free consent of parties
competent to contract, for a lawful consideration and with a lawful object and not expressly
declared to be void under any law. Where agreement is partly oral and partly in writing, there
can be no bar of Section 92 of the Evidence Act. Even if an agreement is vague to some extent,
it could be made certain with reference to contemporaneous and other evidence. Where a
person has promised to do something which he knew, or with reasonable diligence might have
known and which the promisee did not know to be impossible or unlawful, such promisor must
make compensation to such promisee for any loss sustained by him. Courts cannot absolve a
party from the liability to perform a contract merely on the ground that it has become more
onerous. Express covenants in a contract cannot be lightly brushed aside when it was well
within the knowledge of the promisor at the time of the contract itself that it would not be
possible for him to perform the agreement (AIR 1991 Ker 134). A plaintiff cannot claim relief
under Section 65 of the Contract Act where object of the agreement was unlawful being
opposed to a statutory provision. As ignorance of law is no excuse, it cannot be held that the
plaintiff was unaware of a provision of law. [P. Purushotham Reddy v. Pradeep Steel Ltd., AIR
2003 AP 141].
2. Model Forms :
(1) Agreement with housekeeper.
This agreement is made on this...............of................between............ (hereinafter referred
to as the promisor) and.....................hereinafter referred to as the housekeeper which
expressions shall, unless repugnant to the subject or the context shall mean and include the
heirs, successors and assigns of the respective parties.
WHEREAS the promisor is widower and is presently residing single in his own house
bearing municipal no............situate at and desirous of having services of a widow,
AND WHEREAS the housekeeper is a widow and distant cousin of the promisor and is
ready to act as housekeeper for the promisor.
Now, this agreement witnesses as under :

1. That in consideration of the said housekeeper coming over and residing with the
promisor aforesaid in the said house as housekeeper, cooking his food and taking care of him
in his old days with due care and attention during his life-time without charging anything for
the services rendered, the promisor does hereby promise and undertake to execute a will
providing for the right, the right to reside in the said house during her life-time. The
housekeeper shall be entitled to let out part of the house after the death of the promisor during
her life-time and shall be entitled to appropriate the rent, therefor to herself.
2. That in case the housekeeper quits the house of the promisor after his death, this
agreement shall become void.
3. That in case the house keeper quits the house of the promisor during his life-time, then
also this agreement shall become void.
In witness whereof, the parties hereto have signed this deed on the date aforementioned.
Witnesses :
1.
2.

1. Signature of the owner/promisor

2. Signature of the housekeeper

(2) Agreement with Manager of the Garden.

THIS agreement is made on this..........of............between................... (hereinafter called the
employer) and............(hereinafter called the Manager) which expression unless repugnant to
the subject or the context shall mean and include the heirs, successors, legal representatives
and the assigns of the respective parties.
WHEREAS the owner is desirous of improving his land bearing survey
No.............situate............Tahsil............District............comprising of 10 acres and known as
Lovely Farm, and
AND WHEREAS the owner has decided to grow fruit plants on the said land and for that
purpose he needs services of a person duly qualified and experienced in the field of
horticulture,
AND WHEREAS the Manager has recently retired as Superintendent of Government
Gardens and is eager to provide his services to the employer,
Now, this deed of agreement witnesses as under :
1. That the Manager shall reside in the farm house situate in the said plot of land
throughout the year except during the period of leave.
2. That the Manager shall be responsible for growing fruit trees of Mango and Guavas
on the said farm land.
3. That the Manager shall cause the land to be prepared, manured and ploughed
under his supervision, get the soil tested, necessary preparation for plantation
carried out. He shall manage necessary quality saplings from reliable sources and
grow them in the farm. He shall apply pesticides and fertilizers according to
requirement of the plants and improve the same by providing timely irrigation and
efficient supervision.
4. That entire cost of labour, saplings, manures, pesticides, etc. shall be borne by the
employer.

5. That the Manager shall maintain a true and proper account of expenses incurred in
the plantation and other related activities for which necessary funds shall be made
available to him by the employer.
6. That in consideration of services rendered by the Manager, the employer has agreed
to pay a sum of Rs. 6,000/- per month.
7. That this agreement shall be in force for a period of.....years in the first instance
which may be renewed with the mutual consent of the parties hereto for another
term of five years.
8. That the Manager shall not allow any person any right of occupancy or other
tenancy rights in the said farm land except to an employee of the employer.
9. That the Manager may leave his employment by serving a three months notice in
writing to the employer.
10. That the Manager shall be entitled to appropriate for his own use and for use by his
family members so much fruits obtained from the fruit trees of the garden as is
sufficient for their consumption.
In witness whereof, the parties hereto have signed this agreement on the date
aforementioned in presence of the witnesses undernamed.
Witnesses
1.
2.

Signature of the employer

Signature of the Manager

(3) Agreement for loading and unloading.

I, ................................... s/o...................................do hereby agree to load and unload all
consignments of foodgrains and pulses which Sri............ may require me to do, by taking
delivery of the consignments from the railway wagons stationed at the railway station............
for which said............ has executed and delivered to me a power of attorney authorising me to
acknowledge receipt of consignments and take delivery on his behalf all at my cost and
responsibility as bailee and after unloading the said consignment to load the same in trucks
and carry the same upto the godowns of said Sri............ ;
and unload the same in said godown. It has been agreed by said Sri............that he shall pay
me a sum of Rs.............per annum to me for the aforesaid work which I have accepted.
Date
Signature
(4) Cultivation agreement with share in produce.
It has been agreed between Sri............hereinafter called the owner and
Sri............hereinafter called the farmer that the farmer shall cultivate, harvest and work in the
farm known as............situate in the revenue village of Tahsil............district............to the
extent of............acres as regards the Rabi Crops and.................... acres as regards the Kharif
Corps for the year............in consideration whereof the owner has agreed to give the farmer one
half of the agricultural produce reaped in each harvest. All the implements required in the

farming and harvesting of the crops shall be managed by the farmer at his cost. However, the
cost of seed, irrigation and pesticides shall be shared by the owner in proportion of 50 : 50.
In witness whereof, the parties hereto have signed this agreement on the abovementioned
date.
Witnesses :
Signature of the owner
1.
2.
Signature of the farmer
(5) Agreement for carriage of goods.
THIS AGREEMENT is made on this 20th day of April, 2001 BETWEEN TL Manufacturers
Ltd., a Company registered under the Companies Act, 1956 and having its registered office at
16 the Mall Kanpur, (hereinafter called the Company) of the ONE PART and Southern Road
Carriers Ltd. a Company registered under the Companies Act, 1956 and carrying on transport
business, inter alia, at 111 Harsh Nagar, Kanpur (hereinafter called the Transporter), of the
OTHER PART.
WHEREAS the Company is manufacturer of ready made garments and has a marketing net
work spread all over the states of Uttar Pradesh and Bihar,
AND WHEREAS the Transporter is a common carrier owning a fleet of trucks, lorries and
trailers having all India permits for transportation of goods from one place to another
approached the Company for carriage of its goods at competitive charges to which the Company
agreed,
Now, this deed of agreement entered into between the parties hereto witnesseth as under :
1. This agreement will remain valid for a period of one year commencing from 1st day of
May, 2001 to 30th day of April, 2002 after which date, the agreement will automatically come
to an end by the efflux of time unless extended further by mutual agreement.
2. The transporter shall keep with the Company a sum of Rs. 10 lakhs as interest-free
security deposit for the due performance of the agreement on the part of the Company. On any
breach of any of the terms of this agreement the Security Deposit shall forthwith become liable
to be forfeited. The Security Deposit is meant for meeting any damage, loss or avoidable
expenditure caused to the Company by any act of the transporter.
3. On receipt of Notice from the Company notifying to the CONTRACTOR the fact of the
forfeiture of the Security Deposit either in full or in part, as compensation towards any loss or
damage suffered by the Company, the transporter shall replenish the Security Deposit so that
the same is always available to the Company during the performance of the contract.
4. The Company shall be at liberty to sue or recover the amount of damages and losses
including all costs and expenses which the Company may have sustained, incurred or be put to
in consequence of the default or failure on the part of the transporter in due performance
thereof. The Company shall also be at liberty to retain, set-off and appropriate all and every
sum, which may, at any time, be due and owing to the Company by the transporter against the
security deposit or any money payable or due to the transporter.

5. The amount of Security Deposit will be refunded to the transporter without interest on
the expiry of the agreement after adjustment of dues of the Company if any, against the
transporter. In case the parties hereto agrees to renew the agreement or extend it for some
specific period, the amount will not be refunded and it will remain Security Deposit against the
renewed or extended agreement.
6. The transporter shall furnish one copy of the Consignment Note to the Consignee of the
goods within two days from the date of loading of the vehicle at the destination for the
purpose of road permits. In case of failure to comply with the above, the Company or the
Consignee will not be liable for payment of any detention or demurrage or any other charges
incurred on this account. The transporter shall not pay any Octrois/ Municipal Taxes on any
account for transportation of any materials for and on behalf of the Company without the
written permission from the Company. If any payment is made without Companys permission,
transporter shall bear the same.
7. The nature of work to be performed by the transporter and the charges payable to him
for the services rendered shall be in accordance with the schedule given hereunder.
8. The transporter guarantees the supply of vehicles requisitioned every day, including on
holidays. The trucks will be placed at such point as per requirement of the Company from time
to time. All the Trucks/ Trailers shall be in proper order and conditions and shall be driven by
a properly qualified and experienced and licenced driver and shall be accompanied by at least
one Cleaner, who will be required to assist in the loading the unloading of the said
Truck/Trailer and stacking of the goods where necessary. All expenses incurred for running the
said Trucks/ Trailers and the salary and wages of the drivers and cleaners shall be borne by
the transporter.
9. The Company will inform the transporter about the lifting of goods on the following day.
On receipt of the lifting programme, specified number of Trucks/Trailers will be placed by the
transporter at the appointed date, time and place. Should the transporter fail to supply the
number of Trucks/Trailers requisitioned, the Company will arrange the number of
Trucks/Trailers short supplied and any loss to the Company on this account will be debited to
transporters account and will be recovered from him.
10. When the loading at the starting point is completed, the transporter will be required to
sign the office copy of the challan certifying that Company has loaded consignments on the
lorry in good order and conditions and of the weight mentioned in the Challan. The transporter
shall also be handed over three copies of the said Challan. After delivery of the goods at the
destination, the transporter shall keep two copies of the Challan signed and stamped by the
consignee and handover one copy of the Challan to him. The contractor shall submit one of
such signed copies to the Company immediately and the second copy shall be attached to the
Bill of the transporter to be submitted in due course of time.
11. The transporter shall duly cover the goods carried by it as afore said with Tarpaulin and
shall properly secure the same so that they may not be damaged or lost in transit.
12. In case any Road Permit or other permit from civil, or other authorities is necessary for
the transport of the consignment, it shall be the responsibility of the transporter to arrange for
and obtain the same from the authorities concerned. The Company agrees to render necessary
assistance by way of issuing letters, recommendations etc. in favour of the transporter.
13. The transporter vehicle must reach destination within a reasonable time of their
movement from the loading stations. The transporters representatives attending the Company

or Loading station must carry Identity Cards with them and they must help the Company
officials in inspecting the Road Permit, Licence etc. when required.
14. The transporter shall remain responsible to make good any damage or loss caused to
the company due to negligence, lack of proper care and caution on the part of any of the
employees or men of the contractor or employees in the vehicle. The driver of the vehicle which
might be hired by the transporter from the market will also be deemed to be the transporters
man so far as this clause is concerned.
15. The transporter shall be responsible for the protection and safe custody of the
Companys goods entrusted to it till such stock is duly delivered to the consignee and shall also
be responsible for any loss or damage to Companys stock while in transit, except in case of an
accident. In the event of any accident happening before the stock is duly delivered to the
consignee which caused or is likely to cause damage to the goods carried or is calculated in any
manner detrimental to the Companys interest, the transporter shall be held wholly responsible
for reporting the accident to the nearest police station and/or nearest office of the Company
within 24 hours of the actual occurrence.
16. Disputes regarding non-delivery/short delivery and any other dispute related to the
despatch of the consignment from the Companys premises and brought to the notice of the
carrier by the Company should be settled within a period of four weeks from the date of
intimation to the transporter failing which the agreement will be liable to be suspended/
cancelled without prejudice to any liabilities that the transporter is subject to under the terms
and conditions of the agreement.
17. The transporter shall assume all liabilities and keep the Company wholly indemnified
against any action or suits, claim, cost, damages, charges and expenses arising in relation to
this agreement.
18. The transporter shall be fully responsible for complying with all the Acts, Regulations,
etc. in regard to its workmen or vehicles and shall fully indemnify the Company against any
liability or action by the transporters workmen and others. The transporter shall reimburse
the Company either from the Security Deposit or the Bills pending with the Company for
payment.
19. The Company does not guarantee to the transporter about the number of vehicles
required per day, month nor does the Company guarantee the nature or quantities of stores or
materials that will be made available to the transporter for transportation.
20. The Company reserves the right to appoint more than one transporter for the same
services. The Company also reserves the right to amend/revise or modify the terms and
conditions of the agreement or part hereof or cancel it any time during the currency of the
agreement after getting consent of the transporter.
21. The transporter will submit its bills in triplicate along with receipted challans on
completion of such transactions or services rendered by him to the Company for arranging
payment on verification within 90 days from the date of submission of the bills provided the
bills are in order in all respects.
22. The transporter shall keep its representative in the office of the Company located at 16,
The Mall Kanpur during the office hours of the latter who will be given instructions by the
officers of the Company in regard to transportation of the goods.

23. The transporter shall not assign the work of transportation or any part thereof to any
person without prior permission of the Company or any part thereof in any manner whatsoever
without the previous permission in writing from the Company.
24. Without prejudice to any other provision, the transporter shall keep the Company fully
indemnified against any action, claim or proceeding under the provision of any Act, Rules or
regulations, framed thereunder or order having the force of law for anything done or committed
by the transporter in contravention of such provisions or for the infringement or violation
thereof in the course of the execution of the Contract. If as a result of such action, claim or
proceeding the Company is adjudged liable to any penalty or to pay any compensation such
liability shall be deemed to be the liability of the transporter who shall be wholly liable for all
such penalties.
25. A detention charge @ 350/- per day shall be paid by the Company to the transporter
where the vehicle remains stationary for more than six hours awaiting loading or unloading of
goods belonging to the Company. However, if a vehicle is requisitioned by the Company and
later on returned back without availing services thereof, the transporter shall be paid Rs.
250/- each time such vehicle or vehicles go back empty.
26. Each consignment shall weight 9 M.T. approximately and transporter shall be paid
freight @ 30/- per km. per trip. The octroi charges and other expenses incurred by the
transporter enroute to the destination shall be borne by the transporter itself and the freight
paid by the Company shall be deemed to be inclusive of all such expenses.
27. All disputes shall be subject to the jurisdiction of Court at Kanpur.
28. Any dispute touching the affairs of the parties hereto in relation to this agreement, the
matter shall be referred to arbitrator or arbitrators as the case may be and award given by the
arbitrator or the arbitrators shall be final and binding on the parties subject to the provisions
of the Arbitration Act, 1940.
THE SCHEDULE
IN WITNESS WHEREOF the parties hereto have put their hands on the day, month and
year aforementioned at Kanpur.
Signed, sealed and delivered by Mr.............
pursuant to Board Resolution dated............of
the Company in the presence of :
Signed, sealed and delivered by Mr.............
pursuant to Board Resolution dated............of
the transporter in the presence of :
(6) Agreement for appointment of sole selling agent by manufacturing company. An
agreement
made
on
this...................day
of....................................
between...................company,
manufactures
of...................(hereinafter
called
the
manufactures) of the one part and...................(hereinafter called the sole agent) of the other
part.
Whereas
1. The manufacturers are engaged in the manufacture of................... and are desirous of
appointing a sole selling agent for the sale of the same.

2. The sole agent has approached the manufacturers for appointment as the sole selling
agent for...................goods of the manufacturers and is willing to perform the duties as such.
Now this agreement witnesses as follows :
(1)

The manufacturers appoint...................as the sole selling agent for the goods
manufactured by them for the area comprising................... The sole agent shall
have exclusive right to sell the goods of the manufacturers in the aforementioned
area.

(2)

This appointment is being made by the Board of Directors subject to the condition
that the appointment shall cease to be valid if it is not approved by the company in
the first general meeting held after the date of this appointment. (Approval by the
company in the first general meeting held after the date of appointment is
mandatory under Section 294 (2) of the Companies Act, 1956. Arantee Mfg.
Corporation v. Bright Bolts (P) Ltd., AIR 1967 Bom 440.

(7) Agreement by Company Adopting Contract made on its behalf prior to its
incorporation.
An agreement made this...................day of...................between A son of etc. of the first
part B son of etc. of the second part and the company...................Limited (hereinafter called
the company) of the third part.
Whereas by an agent made between aforesaid A as vendor and aforesaid B as agent for
and on behalf of the company on...................it was agreed that the vendor shall sell and the
company shall purchase the property of the vendor detailed in that agreement for the cash
consideration of Rs....................
And whereas the aforesaid B as agent for the company, has agreed to have the said
agreement adopted by the company after its incorporation.
And whereas since the execution of the above-mentioned agreement, the company has been
incorporated in accordance with the undertaking in that behalf referred to in the aforesaid
agreement.
Now it is hereby mutually agreed :
(1)

That aforesaid agreement dated...................is hereby adopted by the company and

shall bind the said A and the company in the same manner, and take effect in all
respects as if the company had been in existence at the said date and by those
present had ratified the same.

(2)

That the said B shall from henceforth discharge all liability under or in respect of
the said agreement.

In witness whereof the parties hereto have offered their signatures this...................day
of...................in the presence of witness.
Witness 1...................
With address

...................
A with address

Witness 2...................

With address

...................
B with address

C (Director with address)

(8) Provisional agreement between the Vendor and the Agent of the Company in
Company information stage.
An agreement on the...................day of...................between A of etc. hereinafter called the
Vendor son of the one part and B of etc. hereinafter, called the agent of the company.
Whereas the vendor is absolute
as...................situated at...................

owner

of

his

factory

under

name

and

style

And whereas M/s................... company is in formation stage but is not yet registered and
the party B as an agent for and on behalf of the company has entered into the agreement.
Now it is hereby agreed between the party A and party B as agent on behalf of the said
company as follows :
(1)

The vendor shall sell and the company shall purchase the aforesaid property for
cash consideration on Rs.................... (in words). The sale to be completed on or
before................... The cash consideration shall be paid before the Sub-Registrar at
the time of registration.

(2)

The party B the agent for the said company, shall procure the adoption of this
agreement by the company after it is incorporated and from the date of that
adoption the party B shall stand discharged of all obligations under this
agreement.

In witness whereof the parties hereto have affixed their signatures this...................day
of...................in the presence of the witnesses.
Witness 1...................
with address

...................
A with address

Witness 2...................
with address

...................
B with address

(9) Agreement by Company for the outright sale of total Business as a working
concern.143
A agreement made this...................day of...................between the...................company Ltd.
(hereinafter called the vendor co.) of the one part and the company...................Ltd. (hereinafter
called the purchasing company) of the other part.
Whereas vendor company incorporated on...................under the Company Act, held a
nominal capital of Rs....................divided into.......... shares of Rs................... each :
And whereas the whole of the said shares issued and subscribed and paid in full : and
whereas by clause...................of the Memorandum of Association of the vendor company it is

declared that one of the object of the company is to sell the undertaking of the company or any
part thereof, for such consideration as the company may think fit, and particular for shares,
debentures, or securities of any company having objects altogether of in part, similar to those
of this company. And whereas the purchasing company was also incorporated under the Indian
Companies Act, 1913, and by clauses...................of the Memorandum of Association of the
said company, it is hereby declared that the said company shall have the power to purchase the
undertaking of another company for such consideration as it thinks fit. And whereas the
purchasing company is desirous of acquiring the undertaking of the vendor company.
Now, therefore, it is mutually agreed
1. That vendor company shall sell and purchasing company shall purchase, the
undertaking of the vendor company, which expression shall be deemed to include
the lands, buildings, hereditaments, goods, chattels, moneys, credits, debts, bill,
notice, good-will, things in action, contracts, agreements, securities and other
assets whatsoever and wheresoever of the company and more particularly described
in the schedule attached herewith.
2. That as a part of the consideration for the said sale, the purchasing company shall
undertake, pay, satisfy, discharge, perform and fulfil all the debts, liabilities,
contracts, engage- ments, and obligations of the vendor company what-soever and
shall indemnify the vendor company against all actions, proceedings, claims and
demands in respect thereof.
3. That as further consideration for the said sale, the purcha sing company shall pay
to the vendor company the sum of Rs...............which shall be satisfied as to
Rs...............in cash and as to Rs..............by the allotment to the vendor company or
its nominees................shares of Rs................... each in the capital of the
purchasing company credited as full-paid.
4. That the title of the vendor company is accepted by the purchasing company to the
property mentioned above and no investigation as regards title shall be made by the
latter company.
5. That the sale and purchase hereby agreed to be made shall be completed on
the...................day of...................when the said consideration in cash and shares
shall be paid and satisfied, and the vendor company shall execute and do all such
assurance and thinks as shall reasonably be required by the purchasing company
for vesting in it any of the said premises.
6. That this agreement is provisional on the same being ratified by the meeting of the
share-holders of the vendor company as well as the meeting of the share-holders of
the purchasing company and if the same is not so ratified within................... week
from date hereof, either of the parties hereto may, by notice in writing, to the other
rescind this agreement.
Note.1. The above agreement is got registered with the Registrar, Joint Stock Companies.
2. If the agreement has been ratified by a general meeting of each of the companies, the seal
of the companies concerned should be affixed to a memorandum at the foot hereby of the
agreement as follows :
Memorandum.Pursuant to resolutions passed at the general meeting of the above
companies held on................... And ................... respectively, the above agreement is hereby

ratified. As witness the common seal of the vendor company is affixed on this ...................day
of...................
As witness the common seal of the purchasing company this day................of...............
(10) Sale agreement of Business as a working concern.
An agreement made this day of................between the partners.......... son
of...................resident
of...................and
the
son
of...................
resident
of...................carrying on the business at...................under the name and style of
Messrs ..............as a partnership firm as manufacturers of ..................(hereinafter called the
vendors) of the one part and the ...................having its registered office at ...................
(hereinafter called the company) of the other part.
Whereas the vendors were registered as a partnership firm on the...................and whereas
the vendors want to dispose off their business as working concern to the company.
Whereas the company was incorporated on the...................as the private company under
the Companies Act, 1956 with the capital of........... rupees divided into...................entry share
of Rs...................each for the object for carrying on the business of...................
Whereas the company had decided to acquire the business of the vendors as working
concern and to carry on the same.
Now it is hereby agreed and declared :
(1)

That the vendors shall sell and the company shall buy the said business
of...................belonging to the vendors as working concern with effect
from...................20....... and all the assets and properties thereof including :
(a)

goodwill, all the properties, lands, movable, immovable, freehold and leasehold,
described in the Schedule hereto with all the plants and machinery and other
fixture thereon;

(b)

the benefit accruing to the vendor from all the contracts subsisting or otherwise
and those for which the option stands vested with them;

(c)

cash in hand and at the bank;

(d)

debts due to the vendors;

(e)

cheques, bill, notes or securities in lieu of the debts due to the vendors;

(f)

stock-in-trade, movable plant and machinery, building materials and effects;

(g)

account books, any other books, deeds, documents and all correspondence;

(h)

trade-marks, designs, patents and licences;

(i)

credits held by the company;

(j)

all the policies of insurances, subject to the approval of the insurance company
concerned where necessary;

(k)

all other assets and properties relating to the said business of the vendors
wherever they be situated.

(2)

That the title to the freehold or leasehold properties that were accepted by the
company.

(3)

That the company shall indemnify, satisfy and discharge all the mortgage and other
debts and liabilities of the vendors in respect of the aforesaid business which
subsists on the date aforesaid.

(4)

That the company shall indemnify the vendors against all actions, proceedings,
claims and demands in respect of the said business.

(5)

That the consideration for the sale of the said business is settled at
Rs...................and the company shall satisfy this consideration by issuing to the
vendors or their nominee or assignee equity shares at par to the value of the
aforesaid sum of Rs...................in the capital of the company credited as fully paid
up.

(6)

That the company shall pay the balance of the aforesaid consideration amounting
to Rs................................in cash on...................the date of which the agreement
comes into effect to the purchasers.

(7)

That on the completion of the purchase on...................at the registered office of the
company the same day and time the company shall deliver to the vendors
certificate for the aforesaid shares of the value of Rs...................

(8)

That the parties shall execute and do such deeds and things as may be necessary,
so that the said business and the premises shall effectually vest in the said
company.

(9)

That the vendors shall carry on the said business till the actual completion of the
sale as the going concern on behalf of company and shall account to the company
and shall be indemnified by the company accordingly.

(10) That the company shall be liable for all the costs of all parties for and incidental to
this agreement, and the conveyance and assignment to the company.
(11) That for a period of five years from the date of the completion of the sale, the
vendors shall not carry on in their joint or separate name, or in the name of any
other person or company or otherwise without the written permission of the
company under its common seal previously obtain within...... miles from the place
of business. The vendors shall not engage themselves or have beneficial interest or
have connection in any way jointly or severally with trade or business of
manufacturers of...................any business similar to the same as shareholder or
director of the company.
(12) That the company shall fill this agreement and any return or further agreement
that may be necessary with the Registrar of companies pursuant to the provisions
of the Companies Act, 1956, within the time prescribed therein.
In witness whereof this agreement for sale of business as the provisions or working concern
the vendors and the purchaser have set their hands and signature the day and year first above
within.
Witness 1...................

(Partner)

Witness 2...................

(Partner)

.................

Vendors

(11) Supplementary agreement extending the time for completion of a purchase

modifying terms of the contract to the original contract.
An agreement made this...................day of...................between A, of etc., (hereinafter called
the vendor which expression shall, wherever the context so permits, include his heirs,
executors, administrators, successors and assigns) of the one part, and B, of etc., (hereinafter
called the purchaser, which expression wherever the context so permits, shall include his heirs,

executors, administrators, successors, and assigns) of the other part, supplemental to an

agreement dated...................and made between the same parties for the sale by the vendor to
the purchaser of the properties mentioned therein for the sum of Rs...................thereinafter
called the original agreement :
1. Whereas by the original agreement between the parties hereto it was agreed, inter alia,
(a)

That the vendor agreed to sell and the purchaser agreed to purchase properties
specified in the Schedule A attached thereto for a lumpsum of Rs...................

(b)

That the purchaser paid Rs...................as an earnest money and agreed to pay
Rs...................in the month of................... and the balance of the purchase money
was agreed to be paid within two years from the date of the execution of the said
agreement with interest at the rate of 4-1/2% p.a. for the first year and at the rate
of 5% p.a. for the second year.

(c)

That the vendor agreed to execute the sale-deed in favour of the purchaser or his
nominee when called upon within two years from the date of execution of the said
agreement, provided that before demanding the execution of the sale-deed the
purchaser shall pay the balance of the purchase money with interest in the manner
aforesaid.

(d)

That the vendor shall give possession to the purchaser of the properties.

(e)

That in case the purchaser fails to pay the balance of the purchase money with
interest at the aforesaid rate within two years from the date of the execution of the
said agreement, the vendor shall be entitled to sell the properties by private sale or
public auction and recover the amount with interest.

2. And whereas the purchaser has paid the vendor as per details aforesaid given below :
(a)

Rs...................as earnest money paid at the time of the execution of the said
agreement.

(b)

Rs...................paid, as agreed, in the month of...................

(c)

Rs................... as price of the house No...................sold by the vendor to

Mr...................as nominee of the purchaser and at his instance, and the balance in
amount of purchase money due from the purchaser in Rs...................

3. Whereas the period of two years fixed for the completion of sale expires
on..................and the purchaser being unable to complete the sale by time has approached the
vendor to extend the period for such completion has applied to the vendor to give him further
time of two years and the vendor has agreed to the proposed extension subject to the
conditions and terms as mentioned hereafter.
Now this agreement witnesseth and it is further agreed between the parties under :
1. That the vendor grants to the purchaser further extension of two years for
completion of sale as from.............up to...........
2. That the purchaser before the expiry of...................shall pay up the balance of the
purchase money amounting to Rs...................with interest at the rate of 5% p.a.
and have the sale-deed executed and registered, the interest to be paid half yearly.
3. That in case the purchaser fails to pay the balance of the purchase-money with
interest on the aforesaid money, the vendor shall be entitled to recover the

possession of the properties unsold and shall be entitled to sell the properties and
appropriate the sale proceeds towards the balance of the purchase money with
interest as aforesaid still due and recover the deficiency from the purchaser who
shall in law be bound to indemnify the same.
4. The original agreement dated...................as hereby varied shall come into force at
once and shall remain enforceable subject to the provisions of this agreement
coming into force at once.
In witness whereof the parties hereto have herewith affixed their signatures in the presence
of the witnesses.
Witness 1...................
(with address)

...................
A (with address)

Witness 2...................
(with address)

...................
B (with address)

(12) Sale agreement of Property.

An agreement made this...................day of...................between A, B of etc., (hereinafter
called the vendor) of the one part and C, D of etc., (hereinafter called the purchaser) of the
other part;
Whereas A has agreed to sell and B has agreed to purchase the property detailed in the
schedule annexed hereto.
Whereas the property aforesaid is free from all encumbrances.
Now it is hereby agreed :
1. That the vendor agrees to sell and the purchaser agrees to purchase the property
known as...................and situate at.........with appurtenances thereof and more fully
described in the schedule hereto...................free from encumbrances.
2. That the purchase-money shall be Rs...................The purchaser having paid to the
vendor the sum of Rs............... part of the said purchase-money as a deposit (the
receipt of which sum the vendor hereby acknowledges) shall pay the residue of the
said purchase-money to the vendor on the day of...................when the purchase will
be completed.
3. That if from any cause other than the wilful default of the vendor the purchase is
not completed on or before................ the purchaser shall pay to the vendor interest
on the residue of the purchase-money at the rate of 5% p.a. from that date.
4. That the abstract of title will be delivered within a fortnight from the date hereof.
The vendors title shall begin with a sale, dated...................and the purchaser shall
not enquire into or require the production of the earlier title.
5. That all requisitions or objections not made within ten days after delivery of the
abstract shall be deemed to be waived, time in this respect being of the essence of
the contract.

6. That the purchase shall be completed on the...................day of...................when the

balance of the purchase-money shall be paid and the purchaser shall be entitled to
the delivery of a proper sale-deed executed by the vendor.
7. That all expenses for preparation of the sale-deed and all expenses on account of
stamp and registration shall be borne by the purchaser.
8. That any error or mis-statement or omission in the description of the property shall
not annul the sale nor shall any compensation be allowed in respect thereof.
9. That the rents and profits of the property shall be received by or belong to the
vendor and all outgoings and rates and taxes shall be discharged by him up to the
time hereinbefore fixed for completion of the sale, and as from that date all
outgoings shall be discharged by and the rents and profits shall belong to the
purchaser. The purchaser shall not be entitled to possession of the property and to
rents and profits thereof until the completion of the sale.
10. That if the purchaser shall fail to comply with any of the conditions of this
agreement, his deposit of Rs................... shall be forfeited and the vendor shall be
at liberty to re-sell the property and any deficiency arising on re-sale and expenses
incurred by him for effecting the re-sale shall be paid by purchaser as liquidated
damages and any excess in price on re-sale shall belong to the vendor.
The Schedule above referred to containing description of the property sold is made part and
parcel of this sale agreement.
In witness whereof the parties hereto have
of............20..............in the presence of witnesses.

set

their

hand

Witness 1...................

A, B...................

Witness 2...................

C, D...................

on

this............day

(13) Agreement for loan against dematerialized shares & securities.

This agreement made this.........day of.............20..... between........
..
..
..
. Hereinafter termed the "borrower" and the Corporation Bank, a
body corporate constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1980 having its Head Office at Mangalore and among others, a branch office
at.. and represented by their Manager and duly constituted Attorneyhereinafter
termed by "Bank", which expression shall be deemed to include their assigns, successors and
attorneys witnesseth.
2. Whereas the Borrower being desirous of financial accommodation from the Bank
for..............................................................has applied to the Bank for such financial
assistance on a Loan Account.
3. Whereas the Bank has agreed to grant the financial assistance in the manner aforesaid,
upon having repayment thereof with interest thereon as hereinafter mentioned, secured and
provided for in the manner hereinafter appearing.

4(a) And whereas the Borrower has executed a non Demand Promissory Note for
Rs.............in favour of the Bank and
4(b) The Borrower has obtained prior approval of Depository.............. through Depository
Participant.................................vide their intimation No................dated................. The
Borrower, after receipt of approval and intimation, has created a pledge and has intimated the
Depository through the Depositary Participant of creation of such pledge. The Depository
Participant, on receipt of the aforesaid intimation, has noted entry of pledge in his records and
has informed accordingly to the Bank, Borrower and the Depository, vide their intimation
No..................dated................
5. Now it is hereby agreed and declared as follows :
(a)

That the loan account should be opened and main- tained......................Branch

office of the Bank.

(b)

The borrower shall be charged interest at the rate of.........% p.a., being.........% over
and above the Banks Prime Lending Rate (PLR), which is...........% p.a., as at
present, rising or falling with the Banks prime lending rate, compounded with
quarterly rests, or at such other lending rate/rates that the Bank may determine to
charge from time to time and also so long as the principal or part thereof remains
unpaid.
Or
% p.a., over and above the Reserve Bank of India Rate subject to the
minimum of.% p.a., compounded with quarterly rests, or at such other
lending rate/rates that the Bank may determine to charge from time to time in
terms of directives of RBI or otherwise at its discretion and also so long as the
principal or part thereof remains unpaid.
That the borrower shall pay in cash the interest accruing due at the end of every
calendar quarter, whether debited or not, together with the incidental charges
failing which the said sum shall be debited to the said loan account and treated as,
amount drawn by the borrower and the same shall be treated as principal on which
overdue interest shall run at.........% over and above the normal rate at which
interest is chargeable as aforesaid.

(c)

That the Borrower shall repay the advance in monthly/ quarterly/half yearly
instalments of Rs.................on or before..............of each month, the first such
instalment to be paid on.............. That on failure to pay any two consecutive
instalments the bank shall be entitled to recall the whole advance then outstanding
without reference to future intalments and to realise the securities in any manner
which the Bank thinks fit. This is however, subject to the Banks right to demand
repayment of the entire loan at any time, it deems necessary notwithstanding the
fact that the monthly/quarterly/half yearly instalments are paid on the respective
due dates and the Bank is at liberty to realise the securities where such demand
for repayment is not complied with in time.

(d)

The Borrower hereby declares that the shares and securities described in Schedule
hereto stand pledged belong to him absolutely and the said shares and securities
shall be held by the Bank as security for the repayment on demand of the amount
due for the time being in respect of the loan account with interest and charges
thereon.

6. That the present market value of the shares and securities pledged by the Borrower to
the
Bank
has
been
estimated
at
Rs.........................
(Rupees..........................................................) and should the shares and securities depreciate
in value then so long as any money remains due by the Borrower to the Bank in respect of the
said loan account, the Borrower hereby agrees to pledge further approved shares or securities
of sufficient market value so as to maintain the balance for the time being due to the Bank
comprising the principal, interest and charges in respect of such loan account at a sum not
exceeding..........% of the total value of the shares and securities pledged with the Bank and
estimated at Rs............... or to reduce such balance by payment to the account such a sum as
shall represent the same margin of security.
7. The Bank shall further be at liberty at any time to exchange any shares and securities
pledged to the Bank for other approved shares and securities of at least equal value and shares
and securities so exchanged or pledged as additional securities shall be subject to all the terms
of this agreement.
8. That the security hereby given shall deemed to be a continuing security and shall be
available as security in favour of the Bank for all the amounts due from the Borrower to the
Bank, on any account whatsoever whether such amount be due from the Borrower singly or
jointly along with others and the security shall not be affected by any other security or lien
held by the Bank or to which the Bank may be entitled and the liability of any person or
persons who are not parties hereto for all or any portion of the monies hereby secured shall not
be prejudiced or lessened by the security.
9. So long as the amount payable by the Borrower remains unpaid, the dividend/interest
on the said shares and securities or such of them as shall for the time being remain with the
Bank shall belong to and be realised by the Bank and credited to Borrowers loan account.
10. If the amount due by the borrower in respect of the loan account is not be paid to the
Bank on demand with interest and all incidental charges, legal charges, etc., as aforesaid or if
the borrower fails to maintain the margin of security as set forth in Clause 6 of the Agreement
or in the event of the borrower becoming bankrupt or executing any deed of composition with
creditors or the Borrowers business being wound up, then the Bank may of any time thereafter
without giving any notice to the Borrower sell the said shares and securities or any of them
either by public sale or by private treaty or through brokers and apply the proceeds thereof,
first in payment of the costs of sale, secondly; in payment of interest, whether debited or not,
on the amount advanced by the Bank to the borrower or the balance thereof for the time being
remaining unpaid up to the date of the sale; thirdly, in payment of all incidental charges and
legal charges; and fourthly in repayment to the Bank of the principal sum advanced or the
balance thereof remaining unpaid. Any balance remaining shall be paid to the borrower but if
the sum realised by the sale should be insufficient to cover the full amount due in respect of
the said loan account with interest, whether debited or not, and charges as shown in the said
account of the Bank the borrower agrees to pay to the bank forthwith on delivery of the said
account any balance due by the borrower on the footing thereof with undebited interest, if any,
and in default the Bank shall be at liberty to recover the same with interest, including overdue
interest thereon at the rate stated supra in Clause 5(b).
11. That the borrower will at all times during the continuance of this security keep the
Bank informed of all calls or other proceeding in respect of the shares pledged and pay all such
amounts within the time prescribed failing which the Bank shall be entitled, but not bound, to

pay the said amount by debiting to the borrowers account and charge overdue interest thereon
at the rate stipulated above.
12. The borrower shall deliver to the Bank with duly signed instruction/ authority letters
for any Bonus Demat Shares allotted in respect of demat shares pledged hereunder whereafter
they too shall be subject to the provisions of this Agreement and any such amount paid by the
Bank shall be deemed or treated to be part of the amount advanced by the Bank under this
agreement and the said amount and bonus shares shall be subject to all the terms and
conditions of this Agreement and treated as if they were delivered along with this Agreement.
13. The Bank covenants with the Borrower that if the Borrower fulfils all conditions and
covenants hereinbefore set forth and continue to observe them till payment of amount due to
the Bank and on payment of the amounts due to the Bank, demand that this Agreement be
cancelled and pledge cancelled, then the Bank shall at request and the cost of the Borrower
cancel this agreement and request the Depository through the Depositor Participant for
cancellation of pledge.
14. In these presents the singular number shall be deemed to include the plural, wherever
the Borrower is an individual it shall be deemed to include his heirs, administrators and
assigns. Wherever the Borrower is a firm, limited company or other Corporation, Committee,
Association or unincorporated body, the several expressions shall be deemed to include the
members of the firm, limited company or other corporation or of any committee or association
or unincorporated body as the case may be, the expression Firm shall be further deemed to
include the members thereof whether the same be registered or not and the constitution
thereof in whatsoever manner varied by death, insolvency, retirement or admission of members
or otherwise, such firm to include also all Joint Hindu Families carrying on business. This
Agreement shall not be affected by any change in the constitution of the Bank, its successors
or assigns or by its absorption of or by, its amalgamation with any other Bank or Banks.
In witness whereof the Borrower and the Bank have hereunto affixed their hands
this....................day of.............20.......at...............
Bank

Borrower

Schedule of dematerialised shares and securities above referred to

Name of the Details
ofName ofName of theNumber
company dematerialised
the
Depository share
Share/Securities Deposito Participant
and Pledge notedry
therein

Bank

ofOrdinary orFace
Preference value

Market
value

Borrower

(14) Loan Agreement under Rental Scheme. Memorandum of agreement made on

this............................day
of...............20..............between....................................................
Sri/M/s.....................................................(hereinafter
called
the
Borrower/s),
which
expression shall be deemed to include all their legal representatives or assigns and successors
in title and attorneys of the First Part and Bank, a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 having its Head

Office at Mangalore and others, a branch office situated at............................(hereinafter called

the Bank) which expression shall be deemed to include all their assigns and successors in title
and attorneys of the Second Part.
Whereas the borrower/s is/are the owners/holders of immovable properties described in
Schedule-I hereto yielding income by way of rent or compensation for use and occupation of
premises/tenements and is/are in need of moneys for the purpose set forth in the borrowers
application dated..................and for the purpose specified in Schedule-II hereto, and whereas
at the request of the borrower/s the Bank has agreed to grant to the borrower/s financial
accommodation
by
way
of
loan
of
Rs...........................
(Rupees..............................................only) upon the terms and conditions set forth in these
presents and/or in Schedule-III thereto.
Now therefore this agreement witnesseth as follows :
1. The borrower/s hereby agrees/agree that the said advance shall be governed by the
terms herein contained as well as those embodied in the security documents except
in so far as the security documents may expressly or by necessary implication be
modified by these presents.
2. The borrower/s undertakes/undertake that the said advance shall be utilised
exclusively for the purpose mentioned herein above and for no other purpose. In
case of misutilisation, loan shall be repayable at any time on demand with the
interest at the highest lending rate of the Bank.
3. In consideration of the sum of Rs........................lent/to be lent by the Bank as
mentioned in Schedule-IV hereto, the borrower/borrowers agrees/agree with the
Bank that he/they shall repay to the Bank the said sum together with interest
compounded monthly/quarterly, whether debited or not, on the said sum or so
much sum as shall from time to time be outstanding in the account and/or
remaining unpaid at the rate of
% p.a. over and above the Reserve Bank of India Rate sjubject to the
minimum of..% p.a. or at such lending rate as the Bank may determine to
charge from time to time in terms of directives of Reserve Bank of India or otherwise
at Bank's discretion and also so long as the said sum or the part thereof remain
unpaid inequated monthly instalments of Rscommencing
from.
OR
% p.a. being..% over and above or below the Bank's Prime
Lending Rate (PLR)/Medium Term Prime Lending Rate (MTPLR) which
is% p.a. as at present, rising or falling with the Bank's PLR or MTLR
or at such lending rate that the Bank may determine to charge from time to time in
terms of directive of Reserve Bank of India or otherwise at the Bank' discretion so
long as the said sum or the part thereof remains unpaid in..equated
monthly instalments of Rs..commencing from..
4. Notwithstanding the instalments stipulated in para 3 supra, in the event of the
outstanding amount due as on the date for payment of last instalment were to be
found more than the equated monthly instalments stated above consequent to fixing
of equated monthly instalments by rounding of or for any other reason whatsoever
including fluctuation during the subsistence of loan in the rate of interest payable

for the loan under the Corp. Rental Scheme, the borrower/s undertake/s to pay the
same simultaneously with the stipulated last instalment.
5. The borrower/s agrees/agree that if the equated monthly instalment/s inclusive of
interest is/are not paid on the due date, the arrears of instalment/s of the loan
shall bear overdue interest at the rate of...............% p.a. or such other rate fixed by
the Bank from time to time until the instalment/s in arrears is/are paid.
6. The borrower/s agrees/agree that all the rules of business of the Bank that are now
in force or hereafter come into force, in respect of Corp. Rental Scheme shall in all
respects be completely binding on the borrower/s. The borrower/s
undertakes/undertake to keep the security furnished to the Bank covered by
insurance at his/their cost during the subsistence of the loan. The borrower/s
agrees/agree to pay service charges, incidental charges, fees of the architect in
connection with the certification of progress of work, expenses that may be incurred
by the Bank to cover the securities by insurance and such other that the Bank may
incur or charge in connection with the loan and/or security therefor. The
borrower/s shall pay besides the equated monthly instalments stated above, such
fees, charges/expenses as and when demanded by the Bank or debited to the loan
account of the borrower/s. If the borrower/s were to fail to pay, such amount shall
carry interest as applicable to the overdue instalments/loan which borrower/s shall
be liable to pay.
7. Notwithstanding anything contained herein to the contrary or the other security
documents, the Bank will be at liberty to demand and recover the entire advance
with interest when the Bank feels that it is in the interest of the Bank to do and also
to enforce the security or recover the moneys in any other manner the Bank thinks
fit.
8. The borrower/s agrees/agree to accept as conclusive proof of correctness of any
sum claimed to be due from them to the Bank under this Agreement, statement of
account made out from the books of the Bank and signed by any duly authorised
Officer of the Bank without the production of any other voucher, document or paper.
9. It is hereby expressly agreed that the Bank shall be at liberty to assign the debt and
the benefit of these presents and the securities for the advance and the security
documents to any other financial institution and the Borrower/s shall if and
whenever required by the Bank to do so at the borrower/s own expense do and
executive and join doing and executing all such acts, things, deeds, documents or
assurances as the Bank may require for the effectuation of such assignment.
10. The Borrower/s hereby undertakes/undertake to make and furnish to the Bank,
whenever called upon by the Bank to do so, all statements and returns and also
such other documents or particulars as called for by the Bank at its discretion from
time to time.
11. The
Borrower/s
hereby
agrees/agree
that
the
Bank
or
its
Officers/agents/representatives shall be allowed at their reasonable request to
inspect at any time, the securities and the Borrowers books of account and all other
relevant records as they may deem fit.
12. It is hereby expressly agreed that the Bank shall be at liberty to furnish to RBI any
such information or report as the RBI may require regarding the Borrower/s

whether received by the Bank from the Borrower/s or otherwise in Banks

possession.
13. The Borrower/s shall not without written consent of the Bank create in any manner
any charge, lien or other encumbrance on the security (mortgage and equitable
assignment/ hypothecation of Rent/compensation receivable in respect of
immovable properties described in Schedule-1 hereto) given/to be given to the Bank
in respect of advance made/to be made or create any interest in such security in
favour of any other party or person.
14. Notwithstanding anything contained herein or in the security documents the whole
advance shall become forthwith due and payable by the Borrower/s to the Bank and
the Bank will be entitled, but not bound, to enforce the security upon the
happening of any of the following events, namely,
(a)

Any equated monthly instalments being unpaid upon the date for payment
thereof;

(b)

Any interest or other dues remaining unpaid on the due date for payment
thereof, whether demanded or not;

(c)

The borrowers committing any breach or default in the performance or

observance of these presents and/or the Borrowers proposal and/or the
security documents or any other terms or conditions relating to the advance.

(d)

The Borrowers entering into any arrangement or composition with his/their/its

creditors or committing any act of insolvency;

(e)

Execution or distress being enforced or levied against the whole or any part of
the Borrowers property;

(f)

The Borrowers (if a Company) going into liquidation (except for the purpose of
amalgamation or reconstruction);

(g)

Any of the partners of the Borrower (if a Firm) being adjudicated insolvent or
taking advantage of any law for the relief of insolvent debtors;

(h) A receiver being appointed in respect of the whole or any part of the property of
the Borrower;
(i)

The occurrence of any circumstance which is prejudicial to or impairs, imperils

or depreciates or is likely to prejudice, impair, imperil or depreciate the security
given to the Bank;

(j)

The Borrower ceasing or threatening to cease to carry on the business; and

(k)

The occurrence of any event or circumstance which would or is likely to

prejudicially or adversely affect in any manner the capacity of the Borrower/s
to repay the loan.

On the question whether any of the above events has happened, the decision of the Bank shall
be conclusive and binding on the Borrower/s.
15. Borrower/s hereby agree/s, as a pre-condition of the loan given/to be given to
him/them by the Bank that in case he/they commit default in the repayment of
any of the agreed instalments of the loan or other dues on due date/s, the Bank
and/or the Reserve Bank of India will have an unqualified right to disclose or
publish
Borrower/s
name
and/or
the
name
of
Borrowers
Director/partners/proprietors as defaulters in such manner and through such

medium as the Bank or Reserve Bank of India in their absolute discretion may
think fit.
16. The Borrower/s will furnish the Bank with all such information as the Bank may
reasonably require for the Banks satisfaction as to due compliance with the terms
of the advance and all such periodical reports and information at such time, in
such forms and containing such particulars, as the Bank may call for the purpose
of ascertaining the results of the utilisation of the said advance.
17. The Borrower/s has/have equitably assigned the rent/ compensation receivable (by
Borrower/s) from the tenants/ licensees in occupation of the premises/tenements
described in Schedule-I hereto.
18. Notwithstanding anything contained herein or in any other documents or
instructions in writing by the Borrower/s, the repayment made by the Borrower/s
or amount realised/received/ recovered by the Bank towards the repayment of the
Term Loan shall be appropriated at the absolute discretion of the Bank in the
manner hereinafter following :
(a) Firstly towards the reimbursement of the costs/expenses incurred by the Bank.
(b) Secondly towards the interest in arrears; and
(c) Lastly towards the principal amount.
The instructions herein contained shall be irrevocable and shall prevail
notwithstanding any further/future instructions that the borrower/s give/s to the
Bank at the tine of or before making payment.
SCHEDULE-I
Description of the building/complex together with reference/door number of the
tenement/premises with the names and addresses of the tenants/licensees).
Name/Description of the building/complex
Sl.
No.

Door/Ref.
No.
premises let out

ofName of thePeriod of lease orMonthly

Arrears,
tenant/licensee licence
rent/licence feeany,, as
payable and duedate
From
To
date

if
on

SCHEDULE-II
(Purpose for which the loan is granted/to be granted)
SCHEDULE-III
(Terms and Conditions of Sanction)
SCHEDULE-IV
(Release Schedule)

SCHEDULE-V
(Repayment Schedule)
In witness hereof, the Borrower/s and Bank have herein set their hands and executed this
Agreement on the.................day of month and year above written.
Bank

Borrower/s
(15) Agreement for term loans.
(To be stamped as on Agreement)

Memorandum of Agreement made this the..............day of................. 19...........,

between............................................................(hereinafter called the Borrowers), which
expression shall be deemed to include all their assigns and successors in title and attorneys of
the First Part and Corporation Bank, a body corporate constituted under the Banking
Companies (Acquisition and Transfer of Undertaking) Act, 1980 having its Head Office at
Mangalore and amongst others, a branch office at.............. (hereinafter called the Bank), which
expression shall be deemed to include all their assigns and successors in title and attorneys of
the Second Part.
Whereas the Borrower is in need of moneys for the purpose set forth in Borrowers
application dated...........and for the purpose specified in Schedule I hereto, and whereas at the
request of the Borrower the Bank has agreed to grant to the Borrower financial accommodation
by way of a loan of Rs.............(Rupees.......................................only) upon the terms and
conditions set forth in these presents and/or in Schedule II hereto.
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS
1. The Borrower hereby agrees that the said advance shall be governed by the terms herein
contained as well as those embodied in the security documents except in so far as the security
documents may expressly or by necessary implication be modified by these presents.
2. The Borrower undertakes that the said advance shall be utilised exclusively for the
purpose mentioned herein above and for no other purpose.
3. In consideration of the sum of Rs...........lent/to be lent by the Bank as mentioned in
Schedule III hereto, the Borrower agrees with the Bank that he/they shall repay to the Bank
the said sum together with interest compounded quarterly/monthly, whether debited or not, on
the said sum or so much sum as shall from time to time be outstanding in the account and/or
remaining unpaid at the rate of : .............% p.a. over and above the Reserve Bank of India Rate
subject to a minimum of............% p.a.
OR
.% p.a. being..% over and above the Bank's Prime Lending Rate (PLR),
which is.% p.a. as at present, rising or falling with the Bank's prime lending rate.
or at such lending rate that the Bank may determine to charge from time to time in terms of
directives of Reserve Bank of India or otherwise at the Banks discretion so long as the said
sum or a part thereof remains unpaid in.............equated monthly instalments of Rs.................
commencing from............, in the event of the outstanding amount due as on the due date for
payment of last instalment were to be found more than equated monthly instalments stated
above, consequent to fixing of equated monthly instalments by rounding of, or any other
reason, the Borrower undertakes to pay the same simultaneously, with the stipulated last
instalment.

OR
The fixed rate of..........% p.a. being..........% over and above/.........% below the Banks
Medium Term Lending Rate [CBMTLR], which is.........% p.a., as at present, without rising or
falling with the Banks Medium Term Lending Rate [CBMTLR] during the currency of the loan
period.
3-A. The Borrower/s agree/s that if he/she/they were to pre-pay the loan either in full or in
part, he/she/they shall be liable to pay pre- payment charges at the rate then prevailing in the
Bank, which is.........% at present, on the balance outstanding as on the date of pre-payment of
loan in full or on the amount of loan pre-paid, as the case may be, for the remaining loan
period.
4. The Borrower agreed that if the equated monthly instalment(s) inclusive of interest is/are
not paid on the date, the arrears of instalments of the loan shall bear overdue interest at the
rate of..............% p.a. or such other rate fixed by the Bank from time to time until the
instalment/(s) in arrear is/are paid.
5. The Borrower agrees that all the rules of business of the Bank that are now in force or
hereafter come into force, shall in all respects be completely binding on the Borrower. The
Borrower undertakes to keep the security furnished to the Bank covered by insurance at
his/their cost during the subsistence of the loan. The Borrower agrees to pay service charges,
incidental charges, fees of the architect in connection with the certification of progress of work,
expenses that may be incurred by the Bank to cover the securities by insurance and such
other charges/ expenses that the Bank may incur or charge in connection with the loan and/or
security therefor. The Borrower shall pay besides the equated monthly instalment stated above,
such fees/charges/expenses as and when demanded by the Bank or debited to the loan
account of the Borrower. If the Borrower were to fail to pay, such amount shall carry interest as
applicable to the loan which Borrower shall be liable to pay.
6. Notwithstanding anything contained herein to the contrary or the security documents
the bank will be at liberty to demand and recover the entire advance with interest when the
Bank feels that it is in the interest of the Bank to do so and also to enforce the security or
recover the moneys in any other manner the Bank thinks fit.
7. The Borrower agrees to accept as conclusive proof of correctness of any sum claimed to
be due from them to the Bank under this Agreement, statement of account, made out from the
books of the Bank and signed by any duly authorised officer of the Bank without production of
any other voucher, document or paper.
8. It is hereby expressly agreed that the Bank shall be at liberty to assign the debt and the
benefit of these presents and the securities for the advance and the security documents to
IDBI/NABARD/SIDBI or any other Financial Institution as security for any refinance obtained
by the Bank for the said IDBI/NABARD/SIDBI/or any financial institution in respect of the
loan agreed to be advanced by the Bank to the Borrower and the Borrower shall, if and
whenever required by the Bank to do so at the Borrowers own expenses do and execute and
join in doing and executing all such acts, things deeds, documents or assurances as the Bank
may require for the effectuation of such assignment.
9. The Borrower hereby undertakes to make and furnish to the Bank, whenever called upon
by the Bank to do so, all statements and returns and also such other documents or particulars
as called for by the Bank at its discretion, from time to time.

10. The Borrower hereby agrees that the Bank/IDBI/NABARD/SIDBI or its

Officers/Agents/representatives shall be allowed at a reasonable request to inspect at any time,
the securities and the Borrowers books of account and all other relevant records as they may
deem fit.
11. It is hereby expressly agreed that the Bank shall be at liberty to furnish to
IDBI/NABARD/SIDBI any such information or report as IDBI/ NABARD/SIDBI, may require
regarding the Borrower, whether received by the Bank from the Borrower or otherwise in
Banks possession.
12. The Borrower shall not without the written consent of the Bank and/or
IDBI/NABARD/SIDBI create in any manner, any charge, lien or other encumbrance on the
security given to the Bank in respect of such advance or create any interest in such security in
favour of any other party or person.
13. Notwithstanding anything contained herein or in the security documents, the whole
advance shall become forthwith due and payable by the Borrower to the Bank. The Bank will
be entitled, but not bound, to enforce the security upon the happening of any of the following
events, namely.
(a)

Any instalments of the principal moneys being unpaid upon the due date for
payment thereof;

(b)

Any interest remaining unpaid on the due date for payment thereof whether
demanded or not;

(c)

The Borrower committing any breach or default in the performance or observance

of these presents and/or the Borrowers proposal and/or the security documents
or any other terms or conditions relating to the advance;

(d)

The Borrower entering into any arrangement or composition with the creditors or
committing any act of insolvency;

(e)

Execution of decree being enforced or levied against the whole or any part of the
Borrowers property;

(f)

The Borrower (if it is a company) going into liquidation (except for the purpose of
amalgamation or malconstruction);

(g)

Any of the partners of the Borrower (if it is a firm) being adjudicated insolvent or
taking advantage of any law for the relief of insolvent debtors;

(h) A receiver being appointed in respect of the whole or any part of the property of the
Borrowers;
(i)

The occurrence of any circumstance which is prejudicial to or impairs, imperils or

depreciates or is likely to prejudice, impair, imperil or depreciate the security given
to the Bank;

(j)

The Borrower ceasing or threatening to cease to carry on the business; and

(k)

The occurrence of any event or circumstance which would or is likely to

prejudicially or adversely affect in any manner the capacity of the Borrower to
repay the loan.

On the question whether any of the above events has happened, the decision of the Bank shall
be conclusive and binding on the borrower/s.
14. The Borrower will furnish the Bank with all such information as the Bank may
reasonably require for the Banks satisfaction as to due compliance with the terms of the

advance and all such periodical reports and information at such time, in such forms and
containing such particulars, as the Bank may call for, for the purpose of ascertaining the
results of the utilisation of the said advance.
15. The Bank shall be entitled to charge or alter the rate of interest chargeable to the
Borrower on the balance outstanding in the term loan either due to variation in
IDBI/NABARD/SIDBI refinance rates or Banks lending rate/s in conformity with the directives
of Reserve Bank of India or otherwise.
16. Notwithstanding anything contained herein or any other documents or instructions in
writing by the Borrower, the repayment made by the Borrower or amount
realised/received/recovered by the Bank towards the repayment of the term loan shall be
appropriated at the absolute discretion of the Bank in the manner hereinafter following :
(a)

Firstly towards the reimbursement of the costs/expenses incurred by the Bank.

(b)

Secondly towards the interest in arrears; and

(c)

Lastly towards the principal amount;

The instructions herein contained shall be irrevocable and shall prevail notwithstanding
any further/future instructions that the Borrower may give to the Bank at the time of or before
making payment.
SCHEDULE-I
(Purpose for which the loan is granted/to be granted)
SCHEDULE-II
(Terms and Conditions of Sanction)
Nature of LoanFixed Rate Term Loan
SCHEDULE-III
(Release Schedule)
SCHEDULE-IV
(Repayment Schedule)
In witness hereof, the Borrower and the Bank have herein set their hands and executed
this Agreement on the date, of month and year above written.
Bank

Borrower/s

5. APARTMENT OWNERSHIP
SYNOPSIS
1. General.
2. BuildingMeaning of.
3. Model Forms :

(1) Agreement for transfer of a flat by a member of Co-operative Housing Society to another.
(2) A greement for sale of apartment.
(3) Plaint for a suit for possession.

1. General.Ownership of flats is regulated by several statutes both central and the state.
Laws relating to ownership of flat/apartment have been enacted by states regulating
promotion, construction, sale, transfer and management. Provisions have been made
imposing substantial responsibility on promoters. Buyers have been given protection in
regard to compensation for loss and violation of relevant laws by the promoters. Construction
of buildings consisting of flats and apartments is done by promoter for transfer of flats and
apartment to the buyers. The promoter generally enter into agreement well ahead of
commencement of the construction with the buyers for sale of the flat/apartment. A
promoter is required to make an application to the Authorised Officer of the State
Government for registration of his name and for permission to construct such building
furnishing therewith copy of the agreement entered into between him and the owner of the
land whereupon the Authorised Officer issues a certificate of registration granting permission
for construction of the building. Such permission remains valid for a period of three years. A
completion certificate is required to be obtained by the promoter from the competent
authority. After completion of the building and obtaining completion certificate the
flat/apartment is transferred to the buyer in terms of the agreement between the promoter
and the buyer whereafter the promoter shall take all necessary steps to complete his title and
convey to the organisation of the purchasers of the flat/apartment his right title and interest
in the land and the building and shall execute all relevant documents and conveyance as
agreed and he shall deliver all such documents to such organisation. Each apartment owner
is entitled to an undivided interest in the common areas and facilities on a percentage basis
calculated on the area of the apartment in possession.
(15) Agreement for term loans. Building means a residential or non residential
structure having a roof. [Rizwan Akhtar v. Shrawan Kumar Bhatia, AIR 2007 NOC 431 (All);
2007 (1) All LJ 74].
3. Model Forms.
(1) Agreement for transfer of a flat by a member of Co-operative Housing Society to
another.
THIS AGREEMENT MADE at...............this............day of............2001 between Sri Surendra
Kumar Shukla s/o H.N. Shukla resident of 6, Lukerganj, Allahabad, hereinafter described as
transferor and Manoj Kesharwani s/o Sooraj Kesharwani r/o 36, Mumfordganj, Allahabad,
hereinafter described as transferee.
WHEREAS the TRANSFEROR is a member of Satyam Co-operative Housing Society Ltd.,
registered under the U.P. Co-operative Societies Act, 1965 and as a member of the society is an
occupant of flat No. 12 in building known as Sharada Apartments located at plot No. 36, in
Civil Lines, Allahabad and owned by said Satyam Co-operative Housing Society Ltd. and as
such a member he is occupying as Owner Flat No. 4 on First Floor in the building known as
COSY standing on Plot No. 3 on K.P. Road, Calcutta 700009 belonging to the said Society
having a carpet area of about 500 sq. meters.
AND WHEREAS the TRANSFEROR intends to transfer his right to occupy the said flat with
all his right, title and interest in the said society to the Transferee.

AND WHEREAS the transferee has offered to purchase the right of the transferor in respect
of the said flat in the building known as Sharada Apartments and owned by the abovenoted
society and the transferor has accepted the offer of the transferee.
Now THIS DEED of agreement executed by the parties hereto witnesseth as under :
1. The TRANSFEROR will transfer and the TRANSFEREE will purchase the
Transferors right to occupy and his right, title and interest to and in the said Flat
together with all its fixtures and fittings at the price of Rs. 8 lakhs. The
TRANSFEREE has inspected the flat and is satisfied in all respects.
2. The TRANSFEREE has paid Rs. one lakh at the time of execution of this deed and
the balance amount of Rs. Seven lakh shall be paid by him to the transferor at the
time of execution of sale-deed to the TRANSFEROR on the execution of this
agreement as earnest money Rs. 1 lakh and the balance against delivery of
possession of the said Flat.
3. The TRANSFEROR shall obtain the consent of said Society and the Registrar of Cooperative Societies Uttar Pradesh Lucknow for the transfer of the flat and of the five
shares held by him in the said Society to the TRANSFEREE, before completion of the
transfer. The transfer shall be completed within 6 months of execution of this
Agreement.
4. The TRANSFEREE has inspected all the documents in possession of the
TRANSFEROR to title to the said Flat and is satisfied therewith.
5. After obtaining the requisite consents the TRANSFEROR shall deliver vacant
possession of the Flat to the TRANSFEREE against payment of the said balance
amount of Rs. 7 lakhs and execute transfer form in respect of the said five shares
held in the Society.
6. The TRANSFEROR will take the Flat in the condition as it is on the date of the
agreement and the TRANSFEROR will not be liable to do anything in respect of said
Flat.
7. After taking possession of the said Flat, the TRANSFEREE will be the absolute
owner thereof with all rights of occupation thereto as a member of the Society and
thereafter the TRANSFEROR will have no right, title or interest therein.
8. The TRANSFEROR shall pay all outstanding dues of the Society upto the date of
delivery of possession and thereafter the TRANSFEREE will be liable to pay the
same and will be subject to the bye-laws and Resolutions of the Society.
9. It has been represented by the TRANSFEROR that (i) he is the absolute owner of the
Flat and no other person has any interest therein, (ii) there is no encumbrance or
claim of any person thereon, (iii) that he has been in exclusive lawful possession and
occupation of the Flat since it was purchased by him, (iv) on taking possession of
the said flat the TRANSFEREE will have a right to occupy and enjoy the same
without any claim or interruption from the TRANSFEROR or anybody claiming
under him.
10. The TRANSFEROR undertakes that on completion of the transfer he will hand over
to the transferee (i) the Certificate of Shares together with the duly executed share
transfer deed (ii) the agreement for purchase of flat between the Developer and the
TRANSFEROR all other documents relating to the Flat, if any, in the possession of
the Transferor.

11. The TRANSFEROR shall sign and execute, deed of transfer in favour of the
transferee as and when required to do so at the cost of the transferee.
12. Any fee or donation or money required to be paid to the Society for obtaining
consent of the Society for transfer of the flat in favour of the transferee will be borne
and paid by the TRANSFEROR and the TRANSFEREE in equal proportion.
13. Transferor shall obtain a clearance certificate from the Income- tax officer
concerned in respect of the property proposed to be transferred at his cost.
14. In case the consent of the Society is not available even after all reasonable efforts of
the transferor or clearance certificate is not issued to him under the Income Tax Act,
1961, the transferor shall refund the advance money of Rs. 1,00,000/- paid by the
transferee and no interest shall be payable on the said amount. But in case the
transferor changes his opinion and fails to execute the transfer deed, he shall be
liable to refund the said amount of Rs. One lakh to the transferee alongwith interest
@ 18% p.a. upto the date of actual payment.
IN WITNESS WHEREOF the parties have executed this deed on the day, month and year
above-written :
Signed and Delivered by the within named
TRANSFEROR in the presence of :
Signed and Delivered by the within named
TRANSFEREE in the presence of :
(2) Agreement for sale of apartment.
AGREEMENT MADE at Dehradun this 20th day of April, 2001 BETWEEN A. Lal s/o K. Lal
r/o 36, M.G. Marg Dehradun, hereinafter described as vendor and B. Nath s/o K. Nath r/o 87
Hardwar Road Dehradun, hereinafter described as purchaser which expression shall include
the heirs, successors, and assigns of the respective parties.
WHEREAS the VENDOR is owner of land and premises situate at............and more
particularly described in the Schedule hereunder written.
AND WHEREAS on the said land there are certain buildings and structures.
AND WHEREAS the VENDOR proposes to develop the said land by demolishing the existing
structures and by constructing a new building in that place, according to the Building Plans
hereinafter mentioned and to sell the flats in the said Building on Apartment Ownership basis.
AND WHEREAS permission of the Competent Authority under the Urban Land (Ceiling and
Regulation) Act, 1976 has been obtained by the vendor.
AND WHEREAS the PURCHASER has agreed to purchase one apartment in the said
building being Apartment No. 18 on the Second Floor of the said building and having the
specifications mentioned in the 2nd Schedule hereunder written at the price of Rs. 15 lakhs
only but subject to the provisions herein contained.
AND WHEREAS the PURCHASER has examined the title of the VENDOR to the said land
and is satisfied with the Vendors title to the said property.

AND WHEREAS the VENDOR has declared that the said property is free from any
encumbrances.
AND WHEREAS the VENDOR proposes to enter into an agreement for sale with the
PURCHASER pending the construction of the said building.
AND WHEREAS the PURCHASER has agreed to purchase and the VENDOR has agreed to
sell on ownership basis the said Apartment No. 8 on the Second Floor in the said building
hereinafter referred to as the Apartment on the terms and conditions mentioned hereunder :

Now, this agreement executed by the parties aforementioned witnesseth as under :

1. The VENDOR shall construct a building on the said plot of land more particularly
described in the First Schedule hereunder written in accordance with the plans and
specifications sanctioned by the Municipal Corporation. The PURCHASER agrees
that the VENDOR shall be entitled to make such variations in the construction plan
of the building as the Government or the Municipal Corporation or other local body
or authority may require and as may be necessary by the exigencies of the
circumstances from time to time.
2. The purchaser has inspected the title deeds and construction plan of the building
and has satisfied himself as to the title of the VENDOR to the said land and
premises and accepts the same.
3. The VENDOR shall sell and the PURCHASER shall purchase the apartment being
Apartment No. 8 having a carpet area of approximately 600 sq. ft. on the Second
Floor of the building to be constructed on the said property and shown by red
coloured boundary line on the plan for a lump-sum price of Rs. 15 lakhs and this
lump-sum price shall be final and building on the parties and shall be independent
and irrespective of the actual carpet area of the Apartment on completion of the
building. Out of the said amount a sum of Rs. 5 lakhs have been paid by the
PURCHASER to the VENDOR on the execution of these presents and the balance
will be paid by instalments as follows :
(1)

Rs. 5 lakhs on or before............

(2)

Rs. 5 lakhs being the balance against delivery of possession of the flat to the
purchaser.

The time will be the essence of the contract in case of each instalment.
4. The PURCHASER shall be liable to pay interest at the rate of 18% p.a. on all the
amounts due from the PURCHASER under this agreement if such amounts remain
unpaid for more than 15 days after becoming due.
5. Possession of the Apartment shall be given to the PURCHASER after the said
building is ready for occupation and the occupation or completion certificate has
been obtained from the Municipal Corporation or other concerned authority. The
VENDOR shall give possession of the said apartment to the PURCHASER on or
before the 31st day of December, 2001. The PURCHASER shall take possession of
the said Apartment within 15 days of receipt of notice from vendor that apartment
was ready for use and occupation and that building completion certificate or
occupation certificate in respect of the apartment has been obtained from the
competent authority.

6. On observing and performing all the obligations and stipulations contained in this
agreement by the purchaser and on the payment of the consideration money to the
vendor the PURCHASER shall be entitled to the possession of the said Apartment.
7. The VENDOR shall not incur any liability if he is unable to deliver possession of the
said Apartment on or before the date stipulated herein and if completion of the said
building is delayed by reason of non-availability of steel, cement or any other
building material or on account of civil commotion, riot or any act of God or on
account of or notification of the Government and/or public body or authority or on
account of withholding of or delay on the grant of the building completion or
occupation certificate, water connection and/or any other necessary facilities,
permission or sanctions by the competent authority or on account of any order of
competent Court of law.
8. No act of the VENDOR shall be construed as a grant in law to the PURCHASER until
a formal Deed of Sale of Apartment or Conveyance is executed by the vendor.
9. After the VENDOR informs the PURCHASER that the VENDOR obtained occupation
certificate or completion certificate from the Municipal Corporation, the
PURCHASER shall not be entitled to refuse to take possession or delay taking
possession thereof on the ground that in the opinion of the PURCHASER some work
still remains to be done in respect of the said Apartment. After 30 days of taking
possession the PURCHASER shall have no claim against the VENDOR as to any
item of work or quality of work in the said Apartment.
10. The PURCHASER shall have no claim in the building of the vendor save and except
in respect of the said Apartment hereby agreed to be purchased by him. All the
other structures of the said land, open spaces, parking places, lobbies, staircases
etc. will remain the property of the VENDOR subject to the provisions of law for the
time being in force.
11. Notwithstanding anything contained herein upon notice in writing from the
VENDOR calling upon the PURCHASER to take possession of the said Apartment,
the PURCHASER shall be liable to contribute a monthly sum equivalent to 10% of
all outgoings in respect of the said property such as rates, taxes, duties etc.
whatsoever in respect of the said land and/or the building thereon or any part
thereof as may be charged or imposed by Government, Municipality and/or any
other competent authority, and in respect of wages of watchmen, and sweeper etc.
Thereafter the purchasers shall also continue to be liable to contribute to all such
common expenses as aforementioned during all the time he would be entitled to the
said apartment.
12. The purchasers of all the flats and the premises in the said building including the
PURCHASER herein shall join and form an Association and the PURCHASER agrees
to join such association. The VENDOR will not be obliged to execute the Deed of
Apartment till such time as all the flats and premises are sold. The PURCHASER
shall be liable to contribute to and at the time of execution of this Agreement and
deposit and keep deposited with the VENDOR a sum of Rs. 50,000/- towards legal
costs in connection with the execution of this deed and other documents required to
be executed. All the legal expenses including the expenses of Stamp Duty and
Registration charges will be borne by the PURCHASER alone.

13. The expenses on account of preparing, engrossing, stamping and registering the
documents required to be executed by the VENDOR or by the PURCHASER as well
as the entire professional costs of the advocates of the VENDOR in preparing and
approving all such documents shall be borne by the PURCHASER in proportion to
the area which the flat to be sold bears to the total built up area of the building
comprising it.
14. VENDOR will prepare the draft Deed of Apartment to be executed in favour of the
PURCHASER. The form will be common to all the purchasers of the flat in the
building. The VENDOR will furnish a copy of such draft Deed of Apartment and
after approval the PURCHASER shall get the same stamped and the VENDOR will
sign the same.
15. Without prejudice to the rights of the PURCHASER under the Deed the VENDOR
will be at liberty to sell, assign or otherwise deal with his own interest in the land
and building or any part thereof.
16. No delay or indulgence by the VENDOR in enforcing any of the terms of this
Agreement or any forbearance or giving of time to the PURCHASER shall be
construed as a waiver of his rights on the part of the VENDOR. Any breach or noncompliance of any term or condition of this Agreement by the PURCHASER shall not
prejudice the right of the VENDOR.
17. Until transfer of the said Apartment to the PURCHASER and all dues payable to
VENDOR have been paid the PURCHASER shall not agree to or let, transfer or
assign or give on Lease and Licence the said Apartment. The consent shall not,
however, be unreasonably withheld by the vendor.
18. Upon the PURCHASER paying the VENDORS dues and performing the terms and
stipulations of this Agreement the PURCHASER shall be entitled to hold and enjoy
the Apartment forever without any interference by the VENDOR or any person
claiming under him.
19. The PURCHASER on getting possession of the said Apartment shall not demolish or
cause to be demolished any construction work in or about the said apartment. He
will not make any additions or alterations in the said Apartment without the
previous consent of the VENDOR or he will not close lounges, balconies so as to
effect the smooth use of the premises by other occupants. He shall not make any
changes so as to effect the elevation of the building or its colour scheme.
20. The PURCHASER covenants to do all acts, and things and sign and execute all other
documents and papers as shall be incidental to the due carrying out of the
performance of the terms of this Agreement and for safeguarding the interests of the
VENDOR and purchasers of other apartments in the building as the VENDOR may
require him to do and execute from time to time at the costs and expenses of the
VENDOR.
21. The PURCHASER covenants to observe and perform all the Rules and Regulations
which the Association of Apartment Owners may adopt at its inception with
modifications thereof from time to time. The PURCHASER shall observe all the rules
and regulations which the VENDOR may frame and bring into force including rules
and regulations regarding parking of cars, storing of materials and goods outside
the Apartments, etc. until all the apartments are sold and building is completed and
the Association is formed.

22. The VENDOR shall pay the balance amount of the deposits if any, paid by the
PURCHASER to the VENDOR under clauses 11 and 12 above after defraying the
expenses mentioned in the said clauses and after transfer of the property is
complete shall be paid to the respective flat owners. The said deposits shall not
carry any interest.
23. Service of all letters, receipts and notices by the VENDOR shall be effected by post
under certificate of posting to the address given by the PURCHASER. Such despatch
will be sufficient proof of receipt of the same by the PURCHASER.
24. The PURCHASER shall not use or permit to be used the said Apartment for
purposes other than residential purpose. The PURCHASER shall not cause or
permit to be caused any nuisance or annoyance to occupants of other apartments.
The PURCHASER shall not be entitled to use any parking space in the compound of
the building for parking vehicles, except that he might have agreed to purchase, and
his right to park the vehicle will be subject to the rules and policy of the
Association.
25. Subject to the provisions of this Agreement the sale of the said Apartment shall be
completed within 6 weeks from the date of completion of the building and receipt of
occupation certificate from the Municipal Corporation.
26. All the outgoings including ground rent, taxes, etc. pertaining to the property upto
the date of the occupation certificate of the flat shall be borne by the vendor.
27. The VENDOR and all other necessary parties interested in the said property shall
execute the Deed of Apartment in terms of the draft to be prepared by the VENDOR.
28. It is declared by the VENDOR that no notice had been issued by any competent
authority for carrying out repairs to the said property and if such notice is issued
prior to the completion of the sale the VENDOR shall be obliged to carry out
necessary repairs.
29. Before completion of the sale of the said Apartment to the PURCHASER if the whole
building including the said flat is notified by the Government or any other authority
for acquisition or requisition the PURCHASER will not be entitled to cancel the
Agreement but will be entitled to refund of the amount paid by him to the VENDOR.
In the case of requisition of the said Apartment the PURCHASER will be entitled to
the compensation that will be awarded by the requisitioning authority. Other
liabilities of the purchaser shall continue to subsist in respect of the apartment
under this agreement.
30. The provisions of law relating to transfer of property and apartments for the time
being in force in the State of U.P. shall be brought into play while deciding the
rights, relations and obligations of the parties hereto.
31. On the purchasers failure to complete the purchase of the said Apartment in terms
of this Agreement within period stipulated herein the PURCHASER shall forfeit the
said earnest money and will be liable to pay expenses and damages incurred by the
VENDOR.
32. On the VENDORS failure to complete the sale within the stipulated time he shall be
liable to refund to the PURCHASER the amount of earnest money and all other
moneys with interest at 18% p.a. till the date of actual refund of such amount.

33. The original copy of the deed of agreement for sale of the apartment shall be given to
the purchaser who shall lodge it for registration under Registration Act, 1908 and
inform the vendor to appear before the registering authority in connection of
registration of the deed.
34. The disputes arising between the parties hereto in relation to the property and
apartment in question shall be referred to arbitration. Award of the arbitrators shall
be final and binding subject to the provisions of the Arbitration and Conciliation
Act, 1996.
IN WITNESS WHEREOF the parties hereto have put their respective hands on the day,
month and year aforementioned.
The Schedules above referred to
I
II
Signed and delivered by the within named
VENDOR............ in the presence of :
1.
2.
Signed and delivered by the within named
PURCHASER............ in the presence of :
1.
2.
(3) Plaint for a suit for possession.
In the Court of ........................ Suit No. ........... of 1989 .................. Housing
Society ................... Plaintiff a Registered Housing Society having Head Office the place of
business at ............... through its Secretary ................., son of ...............
1. .......................... Defendants aged about ...... years.
2. ......................., aged about .............. years.
Both sons of Late ............... resident of ...............
The abovenamed plaintiff begs to submit as under :
1. That previously Hauza Nagla Padi of which total area as 19 Bigha 18 Biswa and 10
Biswansi was in Pattis of two persons and out of which was the Pattedar of 3 Bigha
land and remaining 15 Bigha 18 Biswa and 10 Biswansi was under the Patta of
Ramesh Chandra and the entire Patta was under the Muhal of Beni Ram.
2. That after the death of Pattedar ......... 3 Bigha land was inherited by his three sons
and who are the predecessor- in-interest of the plaintiff.
3. That this 3 Bigha land which is disputed in the plaint and shall be called the
property in suit in further paras of the plaint.
4. That this 3 Bigha land which later on came in Abadi Khesra No. was also entered in
Khasra Fasli and because the entire area was abadi area therefore it was entered
with the name of Muhal Beni Prasad but in Khatauni Fasli 1395 the name of the
predecessor-in-interest over the property in suit was entered with the name
of .......... and others.

5. That after some time the all three sons of ......... viz. .............. and ......... had
executed power of attorney is favour of one person ........., son of ..........., resident
of ..........., who on exacted three separate registered sale-deeds in favour of the
plaintiff and thus entire property of suit was transferred in favour of the plaintiff
and since then till the date of cause of action the plaintiff remained in possession of
the property in suit.
6. That after getting executed the sale deed regarding the property in suit the plaintiff
has started to raise boundary wall and some.
7. That the defendants who have no right, title or interest of any kind over the property
in suit but who are very rick persons having a Giroh of unsocial elements persons of
the locality have compelled the plaintiff to sell the entire property in suit to them
but the plaintiff has refused with the remark that as the plaintiff is a Housing
Society and not a business concerned therefore the question of selling the property
in suit to the defendants does not arise, and hearing this version of the plaintiff the
defendant started to ill felling towards the plaintiff.
8. That on the defendants again reached to the Secretary of the plaintiff and tell his to
vacate the property in suit because they (defendants) are the owners of the property
in suit by virtue of some collusive partition suit but against the plaintiff had boldly
denied them the defendants have threatened the plaintiff for forcible dispossession
and also fore dire consequences.
9. That on the defendants along with 50 or 60 persons mostly of them were the
Gundas have reached over the property in suit forcibly demolished the boundary
wall and dispossessed the plaintiff from the property in suit.
10. That the defendants have no right, title or interest over the property in suit and they
have also no right to dispossess the plaintiff from the property in suit otherwise
then in due course of law.
11. That when the plaintiff who is a law abiding persons remained failed to protest
physically the dispossession moved an application under Section 145, Cr PC in
which looking the serious of the law and order, the learned Additional City
Magistrate has immediately ordered the police agencies to maintain status quo
which was delivered to the concerning police also but the Police Officer of the
concerning Police Station are under the influence of the defendants have not paid
any attention and did not turn up even to look after the position on the spot and
has not taken any action against the defendant and the result was that the
defendants have now started to raise the illegally constructions over the property in
suit.
12. That the plaintiff is a Housing Society having strict in law of following law and order
has no other remedy except to file the present suit for possession which injunction
against the defendants to raise further construction hence this suit.
13. That if the illegal constructions of the defendants are not checked by way of
injunction the defendant shall make construction over the property in suit the
plaintiff has to bring separate prayer for demolishment certainly and complication
shall arise the multiplicity of the litigation shall arise and the plaintiff has to suffer
irreparable loss and injury.
14. That the cause of action for filing the present suit arose on 1.7.1989 when the
defendants illegally have dispossessing the plaintiff from the property in suit then it

arises on every day when the defendants with a view to make, complication are
arising construction of illegally over the proper in suit with in the jurisdiction of this
Honble Court and the Honble Court and this Honble Court has jurisdiction to try
this suit.
15. Valuation for the purpose of jurisdiction the suit is valued at Rs. 50,000/- and for
the payment of court fee the land in dispute is separately revenues assessed for Rs.
2.75 and thirty times on that, i.e. a thirty times of Rs. 22.75 comes Rs. 690/therefore minimum Court fees Rs. 200/-is paid thereon.
16. Suit is with in limitation and this Honble Court has juris diction to try the same.
PRAYER
(A) That a decree for possession be passed against the defendants in favour of the plaintiff
and the plaintiff be put in actual physical possession over the property in suit with directions
to the defendants to vacate the property in suit with in time stipulated by the Honble Court
and it they fail to deliver actual physical possession within the stipulated time then the same
be done through the agency of the Honble Court.
PRAYER
It is, therefore, humbly prayed that the memo of appeal may kindly be permitted to be
amended by way of substitution accordingly.
Verified that the contents of this application are true to my personal knowledge.
Verified on ............... applicants through Advocate.

6. APPRENTICESHIP DEED
SYNOPSIS
1. General.
2. Model Forms :
(1) Apprenticeship deed.
(2) Deed of cancellation of apprenticeship.

1. General.In a planned and growing economy giving rise to increased industrial

activities both in public sector and the private sector necessity of enacting a comprehensive
measure for regulation and control of training apprentices in trades need not be pointed out.
Law providing for the qualifications of an apprentice and contract of apprenticeship is
contained in the Apprentices Act, 1961.
A person who by contract is to be taught a trade is called an apprentice. In a contract for
apprenticeship, there is an undertaking by or obligation imposed upon the master to teach the
apprentice in consideration of a sum of money paid by or on behalf of the apprentice. A minor

cannot enter into a contract and, therefore, his father or guardian usually enters into contract
for the benefit of the minor.
A person shall not be qualified for being engaged as an apprentice to undergo
apprenticeship training in any designated trade unless he (i) is not less than fourteen years of
age and (ii) satisfies such standards of education and physical fitness as may be prescribed
provided that different standards may be prescribed in relation to apprenticeship training in
different designated trades and for different categories of apprentices.
Contract for apprenticeshipNo person shall be engaged as apprentice to undergo
apprenticeship training in a designated trade unless such person or where he is a minor, his
guardian has entered into a contract of apprenticeship with the employer :
Some model forms are given below :
2. Model forms :
(1) Apprenticeship deed.
THIS APPRENTICESHIP DEED, made on the 2nd day of June, 2001 BETWEEN ABI of, etc.
(hereinafter described as MASTER), of the FIRST PART, CDI of, etc. (hereinafter described as
FATHER), of the SECOND PART, and EFI son of CDI aged............................years (hereinafter
described as APPRENTICE), of the THIRD PART, WITNESSES as follows :
That the APPRENTICE, hereby agrees to be bound as a good and regular apprentice to the
MASTER in the trade of..........Television Manufacturing and to serve the MASTER for a term
of.......................years from the date hereof. He is binding himself of his own free will and for
which the FATHER has consented to.
That the MASTER has received a sum of Rs........... from the FATHER as consideration for
imparting technical knowledge and education to the APPRENTICE.
That the terms of agreement between the MASTER, the FATHER and the APPRENTICE are
as follows :
(A) The MASTER shall give training and lessons in the Trade of Television
manufacturing to the APPRENTICE and cause him to be efficiently trained in the
trade.
(B) The APPRENTICE shall be regular and punctual to his duties as such and obey all
lawful instruction of the Master and shall not commit any breach of the contract
entered into with the MASTER.
(C) The MASTER shall pay to the APPRENTICE during the period of apprenticeship a
sum of Rs...........per month during the first year, Rs.......... per month during the
second year and Rs...........per month during the third year and thereafter as
apprenticeship allowance.
The MASTER shall not ask the apprentice to work at the said trade on Sundays or other
public holidays, or for more than 8 hours on any working day.
THE FATHER HEREBY AGREES with the MASTER as follows :
(1)

The FATHER shall provide the APPRENTICE suitable clothing and all other
necessaries of life, except board, lodging, medical attendance, medicine, tools and
materials during the period of apprenticeship.

(2)

The FATHER shall pay the MASTER as premium the above noted sum before the
APPRENTICE joins the MASTER.

AND THIS DEED FURTHER WITNESSES and the parties hereto further jointly and
severally agree as under :
(A) That the APPRENTICE shall obediently serve the MASTER during the period of
apprenticeship in the said trade and shall obey all lawful and reasonable
instructions of the master and behave himself deligently and honestly in all
respects.
(B) That the APPRENTICE shall execute the instructions of the MASTER deligently
dealing with his tools and implements. He will not cause any damage to the
property of the MASTER or act in a manner which may amount to negligence. He
will devote his time to the work entrusted to him by the MASTER during the duty
hours.
(C) The APPRENTICE shall not work anywhere else during the period of apprenticeship
and shall maintain the secrets of the trade imparted to him.
(D) That the MASTER shall have right to reimburse himself against loss caused by
absence, negligence or misconduct of the apprentice out of the apprenticeship
allowance payable to the apprentice.
It is hereby further agreed between the parties as follows :
(A) The MASTER shall have a right to determine this agreement by giving one weeks
notice to the FATHER and the APPRENTICE for any breach of terms and conditions
set out in this deed.
(B) In case of death of the MASTER, the heirs or successors of the deceased shall
refund the proportionate amount of premium to the FATHER.
(C) After successful completion of apprenticeship, the MASTER shall employ the
APPRENTICE in the same trade for a period not less than............years on monthly
salary of not less than Rs...........
IN WITNESS WHEREOF the parties hereto have signed this deed on the day, month and
year aforementioned.
Signature of WITNESSES
1. Name and Address.
2. Name and Address
Signature of the parties
ABI
CDI
EFI
(2) Deed of cancellation of apprenticeship.
THIS DEED is made the............day of............1999 BETWEEN ABI of, etc. thereinafter
called the MASTER), of the FIRST PART, CDI of, etc. (hereinafter called the FATHER), of the
SECOND PART, and EFI son of CDI aged..........years thereinafter called the APPRENTICE) of
the third part.

WHEREAS by a deed dated the..........day of..........and made between the parties of first,
second and third part the APPRENTICE was, in consideration of Rs........... duly apprenticed to
the MASTER to learn the trade (or, etc.) of, upon the terms and conditions set out therein; AND
WHEREAS disputes have lately arisen between the said parties which could not be reconciled.
Now this deed witnesses as follows :
1. In consideration of Rs...........paid today by the FATHER to the MASTER the said
deed shall stand cancelled, determined and void in all respects and to all intents
and purposes whatsoever.
2. The MASTER hereby accepts the sum of Rs............. in full discharge of all claims
and demands whatsoever, and the father stands absolved of all liabilities under the
agreement.
3. No action or other proceedings whatsoever, civil or criminal, shall be taken by or on
behalf of either of parties, against the other including his or their executors or
administrators, by virtue of the said deed either for performance or nonperformance of its terms, and conditions or in respect of cancellation of the same or
for or in respect of any other matter or thing whatsoever relating to the said
apprenticeship.
4. The APPRENTICE shall not enter into the service or employment of any other person
or persons in the town at Allahabad............ Also he shall not divulge or disclose any
of the secrets of the MASTER, or of his trade to any other person or persons which
may be prejudicial to the interest of the MASTER or his trade.
IN WITNESS, whereof the parties described herein earlier have put their hands to this deed
on the date aforementioned here at Allahabad.
Signature of the witnesses.

Signature of the parties.

1. Signature
Name and Address
ABI
CDI
FFI
2. Signature
Name and Address

7. ARBITRATION
SYNOPSIS
1. General.
2. Appointment of arbitrators.

3. Jurisdiction of Arbitrator.
4. Subject-matter of reference.
5. Limitation.
6. Model Forms :
(1) Notice to concur in appointment of Arbitrator.
(2) Petition for appointment of Sole Arbitrator. .
(3) Petition for appointment of Arbitrator 0
(4) Petition for appointment of an Arbitrator by the Court 2
(5) Petition for cancellation of arbitration agreement 5
(6) Petition praying for interim measures 7
(7) Petition for substitution of Arbitrator upon challenge 9
(8) Petition for substitution of Arbitrator upon termination of mandate.
(9) Application for Court assistance in taking evidence.
(10) Petition seeking interpretation of award.
(11) Application for setting aside an award.
(12) Application for setting aside award and interim relief.
(13) Award by Arbitrator appointed by the Court (Section 11 of the Arbitration and Conciliation Act,
1996).
(14) Application seeking interim measures.
(15) Notice for hearing of application.
(16) Notice by Arbitrator.
(17) Notice to lessee under arbitration agreement.
(18) Notice of revocation of an agreement to arbitrate.
(19) Award by Arbitrator appointed by the party.
(20) Award by the Umpire.
(21) Agreement of reference for arbitration between the partners.
(22) Arbitration agreement.

1. General.The basic notion of arbitration is the settlement of dispute between two

parties by reference to the decision of an outsider at their request. It is a quasi-judicial mode of
determination of rights and obligations of the contending parties who are unable to arrive at a
decision mutually. Parties themselves create a Tribunal and nominate the personnel thereof,
produce oral and documentary evidences before such tribunal to have a valid decision from
such Tribunal.
Arbitration in India is presently regulated by Arbitration and Concilia tion Act, 1996. The
Act aims at assisting the litigants to get their disputes settled at lowest possible cost and in
shortest period of time. Parties agree to appoint Arbitrator or Arbitrators of their choice and
agree to be bound by the award that is given by such Arbitrator or Arbitrators. Thus for
referring a matter for arbitration there must be parties and there should be difference or
dispute either existing or prospective between the parties. Such difference should be intended
to be settled by the parties through arbitration. The matter should be referred to the Arbitrator
(s) who after hearing the parties shall give the award which would be binding on the parties.
Thus there are three essential elements of arbitration. (1) There should be dispute between two
parties requiring its settlement, (2) The dispute should be referred by the parties to third

person for settlement and (3) The third person should decide the dispute referred to him and
give his award.
Arbitration is outcome of a contract between the parties. The parties must intend to make a
reference. The Arbitrator has no jurisdiction to act as such where existence of an arbitration
agreement is denied. If the agreement is related to a present dispute it would amount to a
reference. But where an agreement has been entered into to provide for an apprehended
dispute, it is an arbitration clause. Because no reference can be made unless a dispute has
arisen. Thus existence of a dispute or difference between the parties is essential requirement
for assuming jurisdiction by an Arbitrator.
An Arbitrator is required to follow the principles of natural justice although he is not bound
by strict rules of evidence. Much of evidence should be written. The party adducing the
evidence must be present before the Arbitrator so that he could be examined by the Arbitrator
and the other party may get an opportunity to challenge the evidence. After hearing the parties
the Arbitrator should give his award remaining within the four corners of the terms of
reference. A clerical error or accidental slip in the award can be rectified by the Arbitrators but
the award itself cannot be amended.
Implied conditions of an arbitration agreement :
(1)

Unless otherwise provided the reference shall be to a sole Arbitrator.

(2)

If the reference is to an even number of Arbitrators, the Arbitrators shall appoint an

umpire not later than one month from the latest date of their respective appoints.

(3)

The Arbitrators shall make their awards within four months after entering on the
reference or after having been called upon to act by notice in writing from any party
to the arbitration agreement or within such extended time as the Court may allow.

(4)

If the Arbitrators have allowed their time to expire without making an award or
have delivered to any party to the arbitration agreement or to umpire a notice in
writing stating that they cannot agree, the umpire shall forthwith enter on the
reference in lieu of the Arbitrators.

(5)

The umpire shall make his award within two months of entering on the reference
on within such extended time as the Court may allow.

(6)

The parties to the reference and all persons claiming under them shall, subject to
the provisions of any law for the time being in force, submit, to be examined by the
Arbitrators or umpires on oath or affirmation in relation to the matters in
difference and shall, subject as aforesaid, produce before the Arbitrators or umpire
all books, deeds, papers, accounts writings and documents within their possession
or power respectively, which may be required or called for and do all other things
which, during the proceedings on the reference the Arbitrators or umpire may
require.

(7)

The award shall be final and binding on the parties and persons claiming under
them respectively.

(8)

The costs of the reference and award shall be in the discretion of the Arbitrators or
umpire who may direct to, and by whom and in what manner such costs or may
part thereof shall be paid and may tax or settle the amount of costs to be so paid or
any part thereof and may award costs to be paid as between legal practitioner and
client.

It is settled law that to constitute an arbitration agreement in writing it is not necessary

that it should be signed by the parties and that it is sufficient if the terms are reduced to
writing and the agreement of the parties thereto is established Jugal Kishore v. Goolbai, AIR
1955 SC 812. The terms of an arbitration should be certain and definite, where the terms are
vague and it becomes impossible to ascertain the dispute referred to the Arbitrators, the
agreement of reference would become bad for indefiniteness, where existence of an arbitration
agreement is denied, the Arbitrators have no jurisdiction to decide whether there was any such
agreement. Under such circumstances the Arbitrators are not competent to function. If
agreement was entered into with respect to future differences no reference can be made till
such differences have arisen and are still subsisting. Essential condition for the exercise of
jurisdiction by the Arbitrator is that there was difference and dispute between the parties
which is still subsisting.
In order to constitute a valid contract the parties must so express themselves that their
meaning can be determined with a reasonable degree of certainly. It is plain that unless can be
done it would be impossible to hold that the contracting parties had the same intention; in
other words the consensus ad idem would be a matter of mere conjecture. The subject-matter
of the reference must be defined to enable the Arbitrator to know that he has to decide and
what is the subject-matter of the reference. While proceeding with the reference the Arbitrator
can ascertain the points in issue only when the subject-matter is clearly indicated. Where the
agreement of reference as evidenced by an instrument is bad on account of indefiniteness and
uncertainty in regard to the dispute referred for Arbitrator, such agreement would be void and
an award consequent upon such reference would be a nullity.
An award rendered under the provisions of the Arbitration Act, 1996 cannot be construed
to be a decree for the purpose of Section 9(2) of the Insolvency Act. The expression suit in
Section 22 be given its plain meaning, namely any proceedings adopted for realization of a right
vested in a party by law. This would clearly include arbitration proceedings. In any event, award
which is incapable of execution and cannot form the basis of an insolvency notice. [Paramjeet
Singh Patheja v. ICDS Ltd., AIR 2007 SC 168].
2. Appointment of arbitrators.An Arbitrator need not be named in an arbitration
agreement. The parties may agree to appoint a person to act as a sole Arbitrator or may appoint
two Arbitrators one by each party and in such a situation the arbitrators can appoint an
umpire if they do not agree on any point. There is no uncertainty or ambiguity in appointment
of an Arbitrator when it is made by virtue of an office held by him. On transfer or retirement of
such official, his successor shall be entitled to act as an Arbitrator.
Unless a contrary intention is expressed and if no other mode is provided, every arbitration
agreement provides that the reference shall be to a single Arbitrator. In India Hosierg Works v.
Bharat Woollen Mills Ltd., AIR 1953 Cal 488, it was observed that the rule contemplates an
agreement which is silent as to the number of Arbitrators. If the agreement attempts to say that
the appointment will be otherwise than by consent of all the parties, it cannot possibly do so
without making some reference to the number. It will have to say that the Arbitrator or
Arbitrators will be appointed by one or some of the parties or by third party and as soon as it
does so, it will go outside the rule. If it speaks of the appointment of the Arbitrator there will
be no scope for the application of the rule because a single Arbitrator will be indicated by the
agreement itself. If it speaks of the appointment of Arbitrators, then also the rule shall be
excluded, because it will be otherwise expressly provided that there would not be a Sole
Arbitrator. The only type of agreement which can come under the rule is, therefore, an

agreement which speaks expressly of arbitration by consent of the parties in which case there
is no reference to the number of Arbitrators or any agreement which says nothing about the
mode of appointment in which consent of all the parties will be necessary implied condition.
The Chief Justice or his designate has to make the nomination of an arbitrator only if the
period of thirty days is over does not lead to the conclusion that the decision to nominate is
adjudicatory. [Konkan Railway Corporation v. Rani Construction (P.) Ltd., AIR 2002 SC 778;
Konkan Railway Corporation Ltd. v. Mehul Construction Co., AIR 2000 SC 2821 : 2000 (7) SCC
201 ; MWC Market Services Pvt. Ltd. v. State of Manipur, AIR 2003 Gau 25].
Appointment of Arbitrator by CourtCourt not bound to appoint persons stipulated in
contract. [Union of India v. V.S. Engineering (Pvt.) Ltd., AIR 2007 SC 285].
3. Jurisdiction of Arbitrator.Whether a contract was entered into at all or whether it
was void ab initio is not a dispute arising out of the contract. An action to recover damages for
alleged fraudulent representation would not be a dispute upon or in relation to or in connection
with contract. On the reference to all disputes arising out of the contact, the Arbitrator would
be within his jurisdiction to decide a dispute regarding construction of the contract and in
such a situation the Arbitrator has also jurisdiction finally to determine the existence of
custom affecting rights and obligations of the parties under the contract where the custom is
not inconsistent with the express provisions of the contract.
4. Subject-matter of reference.All matters can be referred to arbitration in respect
whereof a civil suit can be filed in a Court of law except those which are exclusively within the
jurisdiction or discretion of a Court. A criminal complaint cannot be referred to Arbitrator.
Agreements which are void in law can not become subject-matter of arbitration.
5. Limitation.Article 137 of the Limitation Act applies to applications under the
Arbitration and Conciliation Act, 1996 and all such applications should be made within a
period of three years from the date on which the right to make it accrues. Limitation to be
computed, not from date of knowledge of award. [O.N.G.C. Ltd. v. M/s. Nippo Steel Corpn. Ltd.,
AIR 2007 SC 327].
6. Model Forms :
(1) Notice to concur in appointment of Arbitrator.
(Validity of the Forms to be checked with the Department)
[Notice under Section 11 of the Arbitration and Conciliation Act, 1996]
To
Northern India Builders (P) Ltd.
the Mall, Kanpur
Dear Sir,
Re : Arbitration proceedings in terms of contracts entered into with us.
Please take notice of the following :
1.

That we had entered into a contract dated............ whereby you undertook to

construct certain flats and guest houses on the terms and conditions contained in
the said contract.

2.

The said contract was to be executed by............ and the said date has expired but
you have not delivered the possession of the constructed flats and guest houses.

3.

That in terms of contract, we have been paying your running bills and as on date
there is no outstanding bill drawn by you against us. Time was the essence of the
contract and it was obligatory on your part to deliver the possession of constructed
flats and houses by the time agreed upon. Failure on your part to keep the time
schedule is resulting in loss to us.

4.

That as per terms of the contract joint inspection of the constructed flats and guest
houses was carried on with you and it was found that the premises so far
constructed by you are not suitable for occupation.

5.

In spite of repeated remainders suitable repairs in the said flats and guest houses
have not been done so far and our huge investment has been blocked and we have
been paying interest to our bankers thereon which is a direct result of your
negligence.

6.

Under the terms and conditions of the contract all disputes arising out of the
construction of the said flats and guest houses have to be referred for arbitration
under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996.

7.

We, therefore, hereby serve you notice to concur with the appointment of Mr. S.K.
Dubey s/o P.K. Dubey r/o 111, Harsh Nagar, Kanpur as the Sole Arbitrator in the
matter of differences and disputes that have arisen between you and us.

The said disputes are, inter alia, as under :

(a)

Whether the construction carried on by you of the flats and guest-houses under
aforementioned contract is in accordance with the said contract.

(b)

Whether the specifications provided in the contract have been duly followed and
construction has been in accordance with the same.

(c)

Whether the delivery of completed houses and flats have been effected by the time
provided therefor.

(d)

Whether the Western India Producers Ltd. has suffered any loss or damage by noncompliance of the terms and conditions by you and in case the terms and
conditions have not been followed, on breach of the contract on the part of the
builder what are the damages and compensation the company shall be entitled to?

You are requested to please give your concurrence within a weeks time.
Your faithfully
For and on behalf of M/s. Western India
Producers Ltd. Director.
(2) Petition for appointment of Sole Arbitrator. .
In the High Court of Judicature at Allahabad Ordinary Original Civil Jurisdiction.
In the matter : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 11 of the said Act.
And
In the matter of : An Arbitration Agreement contained in the contract dated............

And
In the matter of : J.P. Builders Ltd., a company registered under the Companies Act, 1956
and carrying on business at L.B. Marg, Varanasi
Petitioner
Versus
A.S. & Co. Ltd., a company registered under the Companies Act, 1956 and carrying on
business at M.G. Marg, Varanasi
To,
The Honble Mr............................
Chief justice and His Companion
Justices of the said Honble Court.
The humble petition of the petitioner abovenamed most respectfully sheweth :
1.

That your petitioner is engaged in construction business and constructs flats and
buildings and enjoys a good reputation as such.

2.

That under an agreement entered into by the petitioner with the respondent it was
agreed upon between the parties to build and construct houses flats and guest
houses of certain specifications provided in the contract. A copy of the contract has
been annexed hereto marked A. Your petitioner carried out the construction work
in terms of the agreement and after completion of the construction work offered
delivery of possession of the same to the respondent.

3.

That on some pretext or the other the respondent has been avoiding to take
delivery of the constructed houses and flats including guest houses constructed by
your petitioner and in that process the respondent is also avoiding payment of final
bills of the petitioner.

4.

That the contract referred to above entered into between parties contained a clause
of arbitration to resolve differences and disputes arising out of the work entrusted
to the petitioner.

5.

That on account of conduct of the respondent in not taking possession of the

constructed houses and flats, and in with- holding of payment of final bills of your
petitioner disputes have arisen between parties and your petitioner requested the
respondent to concur in the appointment of Shri G.C. Gupta as sole Arbitrator and
your petitioner appointed the said Sri G.C. Gupta, s/o Shri K.K. Gupta r/o 3,
Dilkusa, Lucknow. A copy of notice sent to the respondent in this regard has also
been annexed hereto marked B.

6.

That the respondent is carrying on his business at the address mentioned herein
before within the jurisdiction of this Honble Court and respondent has not given
its concurrence for the appointment of said Shri G.C. Gupta as a sole Arbitrator,
who is also residing within the jurisdiction of this Honble Court.

7.

That therefore, occasion has arisen that this Honble Court may be pleased to
appoint a Sole Arbitrator as provided in the arbitration agreement dated............ A
certified copy of the said agreement has also been annexed hereto. Marked C.

8.

That your petitioner has suffered loss and is prejudiced.

9.

That this application is made bona fide and in the interest of justice.

Your petitioner, therefore, humbly prays to your lordships for the following orders :
(a)

A suitable person be appointed as Sole Arbitrator and the disputes be referred to

him to arbitrate and give his award.

(b)

The costs of this application be the costs in the arbitration proceedings;

(c)

Any further orders be deemed fit on the facts and in the circumstances of the case
of the petitioner in order to afford complete relief to him.

And your petitioner as in duty bound shall ever pray.

Signature of the Advocate of the petitioner
Signature of the petitioner
Verification
I, J.P. Shukla s/o B.P. Shukla r/o Chowk Varanasi aged about 42 years, by occupation
service, working for gain at L.B. Marg, Varanasi, do hereby solemnly affirm and state as under :

(1)

I am the Manager of J.P. Builders Limited and Principal Officer and Constituted
Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify the aforesaid petition and I do verify the same on behalf of the
petitioner.

(2)

The statements contained in the paragraphs 1 to 8 herein are true to my knowledge

based on information derived from records maintained by the petitioner and I
believe them to be true.

Solemnly affirmed by the said Mr. J.P. Shukla pursuant to Board Resolution
dated............of the J.P. Builders Ltd. in the Court House at Allahabad on the..........day of
2001.
Before me
Commissioner
(3) Petition for appointment of Arbitrator 0
Special Suit No............of............2001.
In the High Court of Judicature at Allahabad Ordinary Original Civil Jurisdiction.
In the matter of Arbitration and Conciliation Act, 1996
And
In the matter of application under Section 8 of the Arbitration and Conciliation Act, 1996
And
Northern India Builders Co. Private Ltd., a company registered under the Companies Act,
1956 and carrying on business at................
Petitioner
Versus

Western India Producers Ltd., a Company registered under the Companies Act, 1956 and
carrying on business at The Mall Kanpur
Respondent
To,
The Honble Mr.............
Chief Justice and His Companion
Justices of the said Honble Court.
The humble petition of abovenamed petitioner most respectfully sheweth :
1. That a contract was entered into between the respondent and the petitioner for
construction of certain flats and guest houses on terms and conditions provided in
the agreement dated............
2. That the petitioner executed the contract, completed the work and offered delivery of
flats and guest houses duly constructed to the respondent.
3. That the petitioner submitted final bill and demanded full and final payment in
regard thereto which the respondent failed and neglected to pay.
4. That your petitioner in accordance with the arbitration clause in the agreement
referred above gave notice to the respondent to agree on the appointment of Shri
S.K. Dubey s/o P.K. Dubey r/o 111, Harsh Nagar, Kanpur, as an arbitrator.
5. That the said notice has been duly served to the respondent but no reply has been
received as yet from the said respondent.
6. That the summons to appear and defend the suit has been served on the petitioner
and the respondent has filed it for damages against the petitioner for breach of the
said contract.
7. That your petitioner has to enter appearance and file a state ment in the said suit.
Your petitioner states that the work awarded to petitioner has been duly completed,
flats and guest houses are ready to be delivered but since respondent did not pay
final bill of the petitioner, the disputes and differences have arisen between the
parties in relation to the construction of the said flats and guest houses.
8. By virtue of arbitration clause in the above referred contract your petitioner served a
notice on the respondent and thereafter appointed Shri S.K. Dubey as the sole
Arbitrator.
9. Your petitioner is ready and willing to have disputes and differences adjudicated
upon by the Arbitrator appointed under the Arbitration under Section 11 of the
Arbitration and Conciliation Act, 1996. However because of failure on the part of
respondents to appoint the Sole Arbitrator provided under the agreement under the
Arbitration and Conciliation Act, 1996 this Honble Court will be pleased to appoint
an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
10. Your petitioner states that if the facts and circumstances of the proceedings should
be stayed, an Arbitrator should be appointed to resolve the disputes between the
parties.
11. This application is made bona fide in the interest of justice.
12. Your petitioner, therefore, humbly prays your Lordships for the following orders :
(a) Stay of further proceedings in the above suit.

(b) An Arbitrator be appointed to resolve the disputes raised in that suit and to give
award for the arbitration proceedings.
(c) Costs of this application be the costs in the arbitration proceedings.
(d) Any further orders deem fit in the circumstances of the case.
And your petitioner as in duty bound shall ever pray.
Signature of Advocate of the petitioner
Signature of the petitioner
Verification
I, R. Singh son of D.S. Singh aged about 30 years, working for gain at The Mall Kanpur, do
hereby solemnly affirm and state as under :
(1)

I am the General Manager of Northern India Builders Private Ltd. and a principal
officer and a constituted attorney that I know and I have made myself acquainted
with the facts and circumstances of the case and I am able to depose thereto.
I am able to confirm and do hereby declare and verify on behalf of petitioner.

(2)

That the statement contained in paragraphs 1 to 12 above of this petition are true
to my knowledge based on informations available from records maintained by the
petitioner and believed by me to be true.

(3)

Solemnly affirmed by the said Mr. R. Singh pursuant to a Board Resolution

dated............ in the Court house at Allahabad on this............ day of 2001.

Before me
Commissioner
(4) Petition for appointment of an Arbitrator by the Court 2
In the High Court of Judicature at Allahabad Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 11(6) of the said Act
And
In the matter of : Rama & Co. Ltd., a company registered under the Companies Act, 1956
and carrying on business at Civil Lines, Varanasi
Petitioner
Versus
Ruma & Company, Ltd. a company registered under the Companies Act, 1956 and carrying
on business at Golghar, Gorakhpur
Respondent
To,
The Honble Mr.............
Chief justice and His Companion
Justices of the said Honble Court
The humble petition of the Rama & Co. Ltd. most respectfully sheweth :

1. That your petitioner is carrying on business of kerosene oil as distributor for the
revenue district of Gorakhpur.
2. That the respondent is stockist of kerosene oil for Eastern U.P.
3. That your petitioner entered into an agreement dated 9.3.2000 with respondent to
distribute Kerosene oil to dealers of Gorakhpur city and rural areas. Supply of
Kerosene oil was to be effected by the respondent at the godown of your petitioner.
4. That some disputes have arisen in relation to the said supplies which required
disposal at the earliest.
5. That in the above noted agreement there is a clause providing that all disputes and
differences between the parties in relation to the aforementioned business, shall be
referred to arbitration for adjudication.
6. That the parties hereto had also agreed to appoint Shri K.N. Mehrotra s/o R.N.
Mehrotra, D. Road, Allahabad as an Arbitrator to decide the disputes and to give an
award.
7. That the dispute relates to various claims in respect of shortage of oil received from
the respondent. Your petitioner has persuaded the respondent for settlement of the
claims which the respondent did not do.
8. That your petitioner by a letter requested the said Arbitrator to enter into reference
and to initiate arbitration proceedings but the said Arbitrator has so far not
responded to the request of your petitioner and more than 30 days have elapsed
since then.
9. That a certified copy of the contract entered into between the parties has been
annexed hereto Marked A. A copy of letter addressed to the respondent No. 1 to
settle your petitioner claim is annexed herewith mark B and a copy of letter
requesting the abovenamed Arbitrator respondent No. 2 to enter into reference
relating to the disputes between the parties has been annexed hereto marked C.
10. That cause of action arose at Gorakhpur and, therefore, this Honble Court has
jurisdiction over the matter.
11. That the respondent and Arbitrator aforementioned are not willing to perform their
obligations in respect of the disputes between the parties and appointment of an
Arbitrator by this Honble Court has become necessary.
12. That the matter to be decided by the Arbitrator is mainly concerned with contract
and no special knowledge or technical knowledge is required from the person
appointed as Arbitrator.
13. That your petitioner states that an Arbitrator be appointed and directions be issued
to the Arbitrator to enter into reference, complete the proceedings and give the
award within the time allowed by this Honble Court.
14. Unless orders are made as prayed for your petitioner will suffer loss and will be
prejudiced.
15. That this application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays your Lordships for the following orders :
(a) An Arbitrator be appointed to arbitrate the disputes between the parties within the
time allowed by this Honble Court.
(b) Any further orders deemed fit and proper in the circumstances of petitioners case.

And your petitioner as in duty bound shall ever pray.

Signature of the Advocate for the petitioner
Signature
Verification
I, K.N. Jaiswal son of S.P. Jaiswal aged about 36 years by occupation service, working for
gain at Civil Lines, Varanasi do hereby solemnly affirm and state as follows :
(1)

I am the Manager of Rama & Co. Ltd. and its principal officer and constituted
attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify and I do verify this aforesaid petition on behalf of the petitioner.

(2)

The statements in paragraph 1 to 15 hereinable are true to my knowledge based on

information derived from the records maintained by the petitioner............ and
believed by me to be true.

Solemnly affirmed by the said Mr. K.N. Jaiswal pursuant to a Board Resolution
dated............ of................. in the Court House at Allahabad on the........ day of............
(5) Petition for cancellation of arbitration agreement 5
In the High Court of Judicature at Allahabad Ordinary Original Civil Jurisdiction.
In the matter of Arbitration and Conciliation Act, 1996
And
In the matter of an application under Section 7 of the said Act
And
Northern India Builders (P) Ltd., a company registered under the Companies Act, 1956 and
carrying on business at Mall, Kanpur
Petitioner
And
Western India Producers Ltd. a company registered under the Companies Act, 1956 and
carrying on business at 7, S.P. Marg, Allahabad
Respondent
To
The Honble Mr.............
Chief Justice and His Companion
Justices of the said Honble Court
The humble petition of the petitioner abovenamed most respectfully sheweth :
1. That your petitioner has received a notice dated..........from the respondent in regard
to the appointment of Arbitrator under an alleged contract entered into between the
petitioner hereto.
2. Your petitioner has to submit that the contract containing provision for appointment
of an Arbitrator is invalid and not binding on the petitioner for the following
reasons :
(a)

(b)
(c)
3. That your petitioner has to submit that the subject-matter of the alleged disputes
stated in the notice mentioned above is not within the jurisdiction of this Court.
4. That your petitioner has reasonably apprehension that in case the said agreement
in respect of arbitration is allowed to remain outstanding, further proceedings may
be taken in pursuance thereto by the respondent and in that event your petitioner
shall be seriously prejudiced.
5. The existence and validity of the alleged arbitration clause in the above referred
contract has to be determined by this Honble Court on production of relevant
documents.
6. The respondent should be directed to produce the alleged agreement documents
before this Honble Court for scrutiny examination and cancellation thereafter.
7. That this application is being moved in the interest of justice and is made bona fide.
8. That your petitioner, therefore, humbly prays for the following orders :
(a)

Direction to the respondent to produce before this Court the arbitration

agreement, contained in the contract for construction of flats and guest houses.

(b)

Declaration that the alleged arbitration agreement is invalid and void.

(c)

Declaration of the alleged arbitration agreement as a nullity.

(d)

Declaration that the notice given by the respondent is invalid and void and has
no effect.

(e)

Injunction restraining the respondent from giving any further effect to the
notice under dispute.

(f)

Costs of this application be paid by the respondent.

(g)

Any further order deemed necessary under the circumstances of the case by
this Honble Court to provide complete relief to the petitioner.

And your petitioner as in duty bound shall ever pray.

Signature of Advocate for the petitioner
Signature of petitioner
Verification
I, V.K. Shukla son of A.N. Shukla aged about 42 years, by occupation service, working
for gain at 7, S.P. Marg, Allahabad, do hereby solemnly affirm and State as under :
(1)

I am a Director of Northern India Builders (P) Ltd. and prin cipal officer and a
Constituted Attorney. I know and I have made myself acquainted with the facts and
circumstances of the case and I am able to depose thereto. I am authorised and
competent to verify and do hereby verify the aforesaid petitioner on behalf of
Northern India Builders (P) Ltd.

(2)

That the statements in paragraphs hereinabove are true to my knowledge based on

information available from records maintained by the petitioner which I believe to
be true.

Solemnly affirmed by the said Mr. V.K. Shukla pursuant to a Board Resolution dated
2.12.2000.

(6) Petition praying for interim measures 7

In the High Court of Judicature at Allahabad Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An Arbitration Agreement contained in contract dated..........
And
In the matter of : Northern India Construction Company, a company registered under the
Companies Act, 1956 and carrying on business at S.P. Marg, Allahabad
Petitioner
AND
In the matter of : Western India Producers Ltd., a company registered under the Companies
Act, 1956 and carrying on business at the Mall, Kanpur
To,
The Honble Mr............
Chief Justice and His Companion
Justice of the said Honble Court
The humble petition of the petitioner above-named most respectfully sheweth :
1.

That your petitioner is engaged in the construction of houses, flats and

apartments.

2.

That your petitioner enjoys good reputation as a contractor in the field of

construction of houses, flats and apartments.

3.

That under a contract dated............entered into between the petitioner and the
respondent, your petitioner agreed to construct several flats and guest houses for
the respondent as per specifications provided in the contract and on the terms and
conditions contained therein.

4.

That your petitioner carried out the construction work in accordance with the said
agreement and duly completed the work and obtained the completion certificate
from the respondent after due inspection of the constructed flats and guest houses.

5.

That your petitioner submitted from time to time running bills in regard to above
narrated construction work where from the respondent wrongly deducted 15% as
security money.

6.

That the respondent has also obtained performance guarantee from the petitioner
issued by the petitioners Banker. The respondent also obtained the bank
guarantee from the petitioner for the earnest money which was to be deposited with
the respondent.

7.

That the petitioner offered delivery of the completed houses and flats which he has
wrongly refused to accept on flimsy grounds and has withheld the payment of the
outstanding bills of the petitioner amounting to Rs. 30 lacs.

8.

That your petitioner gave due notice to the respondent regarding the disputes to be
referred to the sole Arbitrator Mr. S.K. Dubey in terms of the arbitration clause

contained in the said contract. The respondent has not yet replied to the said
notice.
9.

That the above referred bank guarantee was furnished pursuant to fraud practised
by the respondent on your petitioner because your petitioner was led to believe that
the respondent intended to act in accordance with the terms and conditions of the
agreement. The said guarantee was issued on terms and conditions of the
respondent and the petitioner was unaware of the same.

10. That your petitioner has complied with the terms and conditions of the contracts
and the respondent has no genuine grievances in relation to the performance of the
contract and obligations thereunder.
11. That the respondent is commercially insolvent and financially poor. Its resources
have dried up and the creditors of the company are pressing hard for repayment of
their dues.
12. There are chances of the company going into liquidation and in that case your
petitioner being an unsecured creditor will not get any payment in the winding up
proceedings from the Official Liquidator. If the bank guarantee is allowed to be
encashed your petitioners huge amount will be taken away by the respondent. The
petitioner has a special equity in its favour for an order of injunction restraining the
encashment of the bank guarantees till the settlement of disputes between the
parties by the Arbitrator.
13. This application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays your lordships for the following orders.
(a)

Injunction restraining the respondent from enforcing the bank guarantees.

(b)

Ad interim order in terms of prayer(a) above;

(c)

Costs incidental to this application be the costs in the arbitration proceedings.

And your petitioner as in duty bound shall ever pray.

Signature of Advocate for the petitioner
Signature of the petitioner
Verification
I, V.K. Shukla son of A.N. Shukla aged about 42 years, by occupation services working for
gain at The Mall, Kanpur, do hereby solemnly affirm and State as follows :
(1)

That I am the Manager of Northern India Builders (P) Ltd. and a Principal Officer
and a constituted attorney. I know and I have made myself acquainted with the
facts and circumstances of this case and I am able to depose thereto. I am
authorised and competent to verify the same on behalf of the petitioner.

(2)

That the statements contained in the paragraphs No. 1 to 13 hereinabove are true
to my personal knowledge based on information derived from records maintained
by the petitioner company and I believe them to be true.

Solemnly affirmed by the said Mr. V.K. Shukla pursuant to Board Resolution dated............
in the Court House at Allahabad on the............ day of.............
Before me
Commissioner

(7) Petition for substitution of Arbitrator upon challenge 9

In the High Court of Judicature at Allahabad.
Ordinary original civil jurisdiction.
In the matter of : Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 12 read with Section 15 of the said Act
And
In the matter of : An arbitration agreement contained in the contact dated............
And
In the matter of : J.P. Builders Ltd., a company registered under the Companies Act, 1956
and carrying on business at L.B. Marg, Varanasi
Petitioner
Versus
1. A.S. & Co., a company registered under the Companies Act, 1956 and carrying on
business at M.G. Marg, Varanasi
2. Shri J.C. Gupta, 3, Dilkusha, Lucknow
Respondents
To,
The Honble Mr............................
Chief Justice and His Companion
Justice of the said Honble Court
The humble petition of the petitioner abovenamed most respectfully sheweth :
1. That under an agreement entered into between the petitioner and respondents the
petitioner undertook to construct houses, flats and guest houses as per
specifications provided in the contract on the terms and conditions mentioned
therein.
2. That the construction work has been completed in accordance with the contract and
all the running bills have also been paid by the respondents. Your petitioner offered
delivery of possession of the houses, flats and guest houses to the respondents who
for the reasons best known to it has neither taken over the possession nor has
settled the final bill of your petitioner.
3. That respondent raised some minor objections with a view to withhold payment of
petitioners final bill and to avoid taking delivery of possession of the houses, flats
and guest houses and thus disputes and differences have arisen between the
parties.
4. That the contract provided a clause of arbitration. An arbitration agreement has
also been entered into between the parties according to which one Arbitrator has to
be appointed by the petitioner and other by the respondent and such Arbitrators
shall appoint an umpire.

5. That the petitioner appointed Shri G.S. Gupta and respondents appointed Shri A.N.
Shukla as Arbitrators who in turn appointed Shri S.C. Bhandari to act as an
Umpire.
6. That the Arbitrators entered into references and heard the parties during several
sittings. After their last sittings dated 12.4.2001 the matter was referred to Umpire
and Umpire also heard the parties and proceeded in the matter.
7. That thereafter the said Umpire had not held any meetings and had not held any
parties in the said arbitration proceedings thus no award has been made in the
references although more than five months have passed since the matter was
referred to them.
8. Since said Umpire is not functioning, the petitioners appre hension is that the
Umpire has no intention to complete the proceedings and he is incapable of doing so
and this Honble Court will be pleased to remove him from acting as such.
9. That your petitioner has to submit that a declaration be made that the arbitration
agreement shall cease to have any effect in respect of the references made to the
said Umpire.
10. That your petitioner has to State that in the alternative, this Honble Court may be
pleased to appoint a Sole Arbitrator to adjudicate the disputes among the parties.
11. Unless orders are made as prayed for herein your petitioner will suffer loss and
prejudice.
12. This application is made bona fide and in the interest of justice.
13. That your petitioner, therefore, humbly prays your Lordships for the following orders
:
(a)

The Umpire Mr. S.C. Bhandari be divested of the powers of an Umpire and be
removed from acting as such in the reference made by the parties.

(b)

Declaration that the arbitration agreement has ceased to have any effect so far
as it is concerned with the said Umpire and the two Arbitrators.

(c)

Appointment of a suitable person as Sole Arbitrator to arbitrate the disputes

among the parties and to award within the time as may be specified by this
Honble Court.

(d)

Costs of this application be the costs of the arbitration proceedings.

(e)

Any further order deemed fit on the facts and in the circumstances of the case
in order to provide complete relief to your petitioner.

And your petitioner as in duty bound shall ever pray.

Signature of Advocate for the petitioner
Signature of the petitioner
Verification
I, J.P. Shukla s/o of B.P. Shukla aged 42 years, by occupation service, working for gain at
L.B. Marg, Varanasi, do hereby solemnly affirm and state as under :
(1)

I am the Manager of J.P. Builders Ltd. and Principal Officer and Constituted
Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify the aforesaid petition and I do verify the same on behalf of the
petitioner.

(2)

The statements contained in the paragraphs 1 to 13 hereinabove are true to my

knowledge based on information derived from records maintained by the petitioner
company and I believe them to be true.

Solemnly affirmed by the said Mr. J.P. Shukla pursuant to Board Resolution dated............
of............2001 in the Court House at Allahabad on the........... day of............ 2001.
Before me
Commissioner
(8) Petition for substitution of Arbitrator upon termination of mandate.
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 15 of the said Act
And
In the matter of : An Arbitration Agreement contained in the contract dated............
And
In the matter of : J.P. Builders Ltd., a company registered under the Companies Act, 1956
and carrying on business at L.B. Marg, Varanasi
Petitioner
Versus
1. A.S. & Company, a company registered under the Companies Act, 1956 and carrying on
business at M.G. Marg, Varanasi.
2. Shri S. Bhandari s/o K.L. Bhandari Lahuraveer Varanasi
Respondents
To,
The Honble Mr............................
Chief Justice and His Companion
Justice of the said Honble Court
The humble petition of the petitioner abovenamed most respectfully sheweth :
1.

That under an agreement dated......your petitioner undertook construction of

houses flats including guest houses for the first respondent as per specifications
provided in the contract on terms and conditions given therein.

2.

That petitioner has completed the construction work and has also obtained
payment of its running bills and thereafter offered delivery of possession of
constructed houses, flats and guest houses and also submitted its final bill for
settlement thereof.

3.

That the first respondent raised some minor objections with a view to avoid taking
delivery of possession of the said houses, flats and guest houses and to withhold
the payment of the final bill of the petitioner.

4.

That this gave rise to disputes and differences between the parties and your
petitioner invoked the arbitration clause provided in the contract.

5.

That in terms of the arbitration agreement your petitioner gave notice to the
respondent No. 1 to concur in the appointment of Shri G.C. Gupta as Sole
Arbitrator to adjudicate the matter in disputes between the parties and thus the
said Arbitrator was appointed by the parties.

6.

That the said Arbitrator has failed to enter into reference in spite of repeated
request from the parties.

7.

That on application moved by the petitioner, this Honble Court was pleased to
remove said Sri G.C. Gupta Sole Arbitrator by an order dated.......... and the
respondent No. 2 was appointed in his place.

8.

That the said newly appointed Arbitrator has not been sitting for the last one and
half months and it appears he is incapable to adjudicating the matter before him
and giving an award. Since the disputes between the parties involved complicated
question of law and detailed evidence has to be taken including opinion from
experts and several witnesses have to be examined it may be more appropriate and
convenient that his mandate be terminated.

9.

That the present Arbitrator is a non-legal person and he is not capable to

adjudicate the disputes referred to him. A new Arbitrator should be appointed in
the interest of justice in terms of sub-section (2) of Section 15 of the Act.

10. Unless orders are made as prayed for your petitioner will suffer loss and prejudice.
11. This application is made bona fide and in the interest of justice.
12. Your petitioner, therefore, humbly prays your Lordships for the following orders.
(a)

Termination of mandate of the present Arbitrator.

(b)

Appointment of a competent Arbitrator in terms of Section 15(2) of the Act.

(c)

The costs of this application be costs of Court proceedings.

(d) Any further order deemed fit in the facts and circumstances of the case.
And your petitioner as in duty bound shall ever pray.
Signature of the Advocate for the petitioner
Signature of the petitioner
Verification
I, J.P. Shukla son of B.P. Shukla aged about 42 years by occupation of service working for
gain at L.B. Marg Varanasi do hereby solemnly state as follows :
1.

I am the Manager of J.P. Builders Limited, and its Principal Officer and Constituted
Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify the aforesaid petition and I do verify the same on behalf of the
petitioner.

2.

The statements contained in paragraphs 1 to 12 hereinabove are true to my

knowledge based on information derived from records maintained by the petitioner
company and I believe them to be true.

Solemnly affirmed by the said Mr. J.P. Shukla pursuant to

dated...............of...............2001 in the Court House at Allahabad,
of.........2001.

Board Resolution
on the........ day

Before me
Commissioner
(9) Application for Court assistance in taking evidence.
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter : The Arbitration and Conciliation Act, 1996.
And
In the matter of : An application under Section 27 of the said Act
And
In the matter of : M.M. Drinks Ltd., a company registered under the Companies Act, 1956
and carrying on business at L.B.S. Marg, Allahabad
Petitioner
Versus
Fine Cola Ltd., a company registered under the Companies Act, 1956 and carrying on
business at 3, Tagore Town, Allahabad
And
P. Das, Advocate Park Road, Allahabad
Respondents
To,
The Honble Mr............
Chief Justice and His Companion
Justices of the said Honble Court
The humble petition of............ the petitioner abovenamed most respectfully sheweth :
1.

That your petitioner is carrying on business as distributor of soft drinks.

2.

That the first respondent is a bottler.

3.

That by an agreement dated.......... it was agreed upon between your petitioner and
respondent No. 1 that the petitioner shall distribute products of respondent within
the municipal limits of Allahabad and the respondent shall supply their products
to the petitioner at their godowns. It was agreed between the parties that all
supplies shall be made against payment by pay-orders.

4.

That the respondent introduced various scheme from time to time whereby it
allowed additional supplies to the dealers of the city of Allahabad free of cost and
petitioner was required to execute the scheme of the respondent. It was also agreed

that claim regarding such supplies effected under the scheme shall be settled by
the respondent within 30 days of receipt of claim papers.
5.

That your petitioner filed 9 claims in respect of supplies made under the scheme
totalling to Rs. 74,000/- with the respondents who failed to settle the claim of
petitioner within the stipulated period and now more than 4 months have passed
and claims filed by the petitioner are still pending with the respondents.

6.

That your petitioner supplied the products of the respondents under their scheme
to the various dealers of Allahabad who acknowledged receipt of the products
under the scheme and such receipt was lodged with the respondent who now allege
that they have not received such receipt. The matter in dispute is now before an
Arbitrator for adjudication.

7.

That your petitioner states that a commission should be issued for examining the
dealers who have enjoyed benefit of the scheme to facilitate the settlement of the
claim of petitioner.

8.

That unless orders are made as prayed your petitioner will suffer loss and will be
prejudiced.

9.

That this application is made bona fide and in the interest of justice.

Your petitioner, therefore, humbly prays your Lordships for the following orders :
(a) A Commissioner be appointed to examine the dealers to whom the petitioner
has supplied products of the respondents under the scheme mentioned herein
before and the said Commissioner be directed to collect evidence with reference
to the subject-matter of arbitration proceedings ; and
(b) any further order deemed fit and proper in the circumstances of the petitioners
case.
And your petitioner as in duty bound shall ever pray.
Signature of the Advocate for the petitioner
Signature of the petitioner
Verification
I, D.K. Singh son of L.M. Singh aged about 45 years by occupation service, working for a
gain at Allahabad do hereby solemnly affirm and state as follows :
(1)

I am the Manager of M.M. Drinks Ltd. and its Principal Officer and Constituted
Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify and I do verity this aforesaid petition on behalf of the petitioner.

(2)

The statements in paragraphs 1 to 9 hereinabove are true to my knowledge based

on information delivered from the records maintained by the petitioner............ and
believed by me to be true.

Solemnly affirmed by the said Mr. D.K. Singh pursuant to a Board Resolution
dated............of 2001.
in the Court House at Allahabad on the.........day of........2001
(10) Petition seeking interpretation of award.

In the High Court of Judicature at Allahabad.

Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 33 of the said Act
And
In the matter of : An arbitration agreement contained in the contract dated............
And
In the matter of : J.P. Builders Ltd., a company registered under the Companies Act, 1956
having its principal place and carrying on its business at L.B. Marg, Varanasi
Petitioner
Versus
1. A.S. & Co. Ltd., a company registered under the Companies Act, 1956 having its
principal place and carrying on business at M.G. Marg, Varanasi
2. Shri S.C. Bhandari 3, Dilkusha, Lucknow
Respondents
To,
The Honble Mr............................
Chief Justice and His Companion
Justices of the said Honble Court
The Humble petition of the petitioner abovenamed most respectfully sheweth :
1.

That under an agreement your petitioner entered into a contract for construction of
building, flats including guest houses for the respondent as per specifications
provided in the contract and on the terms and conditions given therein.

2.

That your petitioner completed the work in terms of the contract and obtained
running bills from the respondents. After completion of the buildings, flats and
guest houses, your petitioner offered delivery of possession of the constructed
buildings, flats including guest houses to the respondent who on some pretext or
the other has raised certain objections in order to withhold payment of final bill of
the petitioner.

3.

That dispute has arisen between the parties and as per arbitration clause
contained in the agreement the dispute was referred to the respondent No. 2 for
adjudication.

4.

That after hearing the parties, examining the witnesses the Arbitrator gave his
award dated............

5.

That your petitioner has received a copy of the said award on......... under Section
31 of Arbitration and Conciliation Act, 1996.

6.

That said Arbitrator has not decided the dispute in respect of extra work done by
your petitioner at the instance of respondent No. 1. The said Arbitrator has not
given his decision in regard to the question of interest payable @ 18% per annum

on delayed payment of outstanding bills of the petitioner. The said Arbitrator did
not go into the question of cost escalation which was specifically raised by the
petitioner.
7.

That since the award given by the Arbitrator is not complete, it would be in the
interest of justice to remit the award dated.......... to the respondent No. 2 for
determination of dispute regarding escalation of costs, payment for extra work done
by the petitioner and the liability of interest on the part of respondent No. 1.

8.

That submission of your petitioner is that award be remitted to petitioner No. 2

with a direction to give his decision on the points mentioned hereinabove after
hearing the parties, if necessary. It may be mentioned that all the relevant
documents in respect of above issues raised by the petitioner are on the records.

9.

That for that purpose this Honble Court may be pleased to fix a time within which
respondent No. 2 shall give award on the above points.

10. That unless orders are made as prayed for herein, your petitioner will suffer loss
and shall be prejudiced.
11. That this application is made bona fide and in the interest of justice.
12. Your petitioner, therefore, prays your Lordships for the following orders.
(a)

Remission of award dated............ given by the respondent No. 2 for

submission of his decision on following points :
(i) Whether the petitioner is entitled to obtain payment on account of cost
escalation in the execution of contract work and if so to what extent?
(ii) Whether the petitioner is entitled to payment for additional work done and
if so upto what extent?
(iii) Whether the petitioner is entitled to interest on its outstanding amounts, if
so, at what rate and for which period.

(b)

Fixation of time for giving the award by the respondent No. 2.

(c)

Any further order deemed necessary in the facts and circumstances of the case of
the petitioner.

And your petitioner as in duty bound shall ever pray.

Signature of the Advocate for the petitioner
Signature of the petitioner
Verification
I, V.K. Shukla son on A.N. Shukla aged about 42 years by occupation service, working for
gain at L.B. Marg, Varanasi, do hereby solemnly affirm and state as follows :
(1)

I am Manager of J.P. Builders Ltd. and its Principal Officer and Constituted
Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and
competent to verify the aforesaid petition and I do verify the same on behalf of the
petitioner.

(2)

The statements contained in paragraphs 1 to 12 hereinabove are true to my

knowledge based on information derived from records maintained by the petitioner
company and I believe them to be true.

Solemnly affirmed by the said Mr. V.K. Shukla pursuant to Board Resolution dated............
of the............ in the Court House at Allahabad, on the.......... day of..........2001.
Before me
Commissioner
(11) Application for setting aside an award.
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 34 of the said Act
And
In the matter of : An arbitration agreement contained in the contract dated............
And
In the matter of : J.P. Builders Ltd., a company registered under the Companies Act, 1956
and carrying on business at L.B. Marg, Varanasi
Petitioner
Versus
1. A.S. & Co. Ltd., a company registered under the Companies Act, 1956 and carrying on
business at M.G. Marg, Varanasi
2. Shri S.C. Bhandari, 3, Dilkusha, Lucknow
Respondents
To,
The Honble Mr............
Chief Justice and His Companion
Justices of the said Honble Court
The humble petition of the petitioner abovenamed most respectfully sheweth :
1. That under an agreement dated............ entered into between the petitioner and
respondent, the former constructed houses, flats and guest houses for the first
respondent on specifications provided in the contract and on terms and conditions
given therein.
2. That your petitioner has completed the work and obtained its running bills from
time to time from the respondent.
3. That after completion of the work your petitioner offered delivery of possession of
houses, flats and guest houses and claimed payment by submitting the final bill on
that account.
4. That the first respondent has raised numerous minor objections with a view to
withhold payment of outstanding final bills of the petitioner.

5. That
in
terms
of
arbitration
clause
contained
in
the
agreement
dated.............................. the dispute was referred to Sole Arbitrator respondent No.
2 to settle and adjudicate the same.
6. The said sole Arbitrator after several sittings heard the parties and collected the
documentary evidence.
7. The respondent No. 2 gave his award and notified the same to the party on........... A
copy of the award has been annexed hereto marked A.
8. That the said award is invalid and liable to be set aside, inter alia, for the following
reasons.
(a)

The award has dealt with the dispute not contemplated by the parties.

(b)

The award has dealt with the matter not falling within the terms of the
reference.

(c)

The award contains decisions beyond the scope of the arbitration.

(d)

The award has not dealt with issue No. 3 referred for adjudication to the
Arbitrator.

9. That the disputes referred to the said Arbitrator will appear from the statement and
the counter statements of the facts, copies whereof have been annexed hereto
marked B and C respectively.
10. The said sole Arbitrator settled the issues for adjudication after hearing the parties.
11. That it has been found that the award has dealt with the issues not raised by the
parties and has omitted to deal with the issue which was specially raised.
12. That your petitioner submits that the said award is bad in law and on facts and is
liable to be set aside.
13. That your petitioner states that this Honble Court will be pleased to scrutinise the
award and set it aside thereafter.
14. That unless orders are made as prayed for, your petitioner will suffer loss and shall
be prejudiced.
15. That this application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays your Lordships for the following orders :
(a) The award dated............ be set aside and costs of this application be paid by
respondent No. 1 to the petitioner, and
(b) Any further order deemed necessary in the interest of justice in the facts and
circumstances of the case.
And your petitioner as is duty bound shall ever pray.
Signature of the Advocate for the petitioner
Signature of the petitioner
Verification
I, V.K. Shukla son of A.N. Shukla aged about 42 years by occupation service, working for
gain at L.B. Marg, Varanasi, do hereby solemnly affirm and state as under :
1. I am the General Manager of J.P. Builders Ltd. and its Principal Officer and
Constituted Attorney. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto. I am authorised and

competent to verify the aforesaid petition and I do verify the same and on behalf of
the petitioner.
2. The statements contained in paragraphs 1 to 15 hereinabove are true to my
knowledge based on information derived from records maintained by the petitioner
company and I believe them to be true.
Solemnly affirmed by the said Mr. V.K. Shukla pursuant to Board Resolution dated............
of.......... 2001
In the Court House at Allahabad, on the............day of............2001.
Before me
Commissioner
(12) Application for setting aside award and interim relief.
Matter No............1999
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter of : The Arbitration and Conciliation Act, 1996
And
In the matter of : An application under Section 34 of the said Act
And
In the matter of : An award dated 28 April, 2000 made and published by Shri S.C.
Bhandari, the Sole Arbitrator
And
In the matter of : Oriental Publishers Ltd. a company registered under Companies Act,
1956 and carrying on business at Circle Road, Faizabad, within the said jurisdiction
Petitioner
Versus
1. Modern Distributor Ltd., a company registered under the Companies Act, 1956 and
carrying on business at S.P. Marg, Allahabad, within the said jurisdiction and
2. Mr. S.C. Bhandari, residing at 3, Dilkusha, Lucknow, also within the said jurisdiction
Respondents
To,
The Honble Mr............
Chief Justice and His Companion
Justice of the said Honble Court
The humble petition of the abovenamed petitioner most respectfully sheweth :
1. That your petitioner is a distributor of and a dealer in books and journals.
2. That the respondent No. 1 is the publisher of book called principles of taxation.
3. That under an agreement the respondent has been appointed distributor of the said
book and the first respondent agreed to deliver 5,000 copies of the 1999 edition of
the said book.

4. That the first respondent delivered 2500 copies of the said book of the said edition
which has been sold and distributed by the petitioner. The entire sale proceeds of
the said books have been paid to the respondent No. 1 after deducting the
commission agreed upon by the parties.
5. That on demand of next 2500 copies by the petitioner the respondent failed to
deliver the same in spite of the repeated requests on the ground that the same was
sold out and there was no balance in stock of the said publication.
6. That the agreement entered between the parties contained a clause for arbitration of
the disputed points.
7. Since dispute has arisen between the parties, the same was referred to respondent
No. 2 for adjudication.
8. That your petitioner furnished evidence before the said Arbitrator that if the
remaining 2500 copies of the said book were delivered to the petitioner then the
petitioner would have earned an income of Rs. 50,000/-.
9. That your petitioner was entitled to receive the delivery of the remaining 2500 copies
of the said book of 1999 edition which has not been delivered by the respondent.
Your petitioner is, therefore, entitled to receive 2500 copies of the said book of the
next edition.
10. That after hearing the parties award for Rs. 25,000/- along with an interest @ 8%
per annum was given in favour of the petitioner by the respondent No. 2.
11. That your petitioner states that the said award could not be given any effect as it is
invalid and illegal.
12. That the learned Arbitrator has not considered any provisions of the Specific Relief
Act and has acted contrary to law applicable to the said arbitration proceedings and
has acted beyond the scope of the agreement.
13. That your petitioner states that the said award be set aside on the grounds, inter
alia, the following :
(i)

That the award is erroneous both in law and facts.

(ii)

That the award is illegal and invalid and it has not granted to the petitioner the
relief, which he was entitled to.

(iii) That the Arbitrator respondent No. 2 has failed to adjudicate upon the main
issue where the respondent No. 1 was liable to deliver to the petitioner 2500
copies of the next edition of the book.
(iv) The said award is vitiated by reason of infringement of natural justice as no
adjournment was allowed by the respondent No. 2 on account of illness of
petitioners advocate.
(v)

That the learned Arbitrator misconducted himself and the proceedings.

(vi) That the said award is otherwise not sustainable in law.

14. That your petitioner relies on the documents produced before the learned Arbitrator
at the time of the hearing.
15. That an order of injunction has become necessary restraining the respondents from
taking any further steps prejudicial to the interest of the petitioner.
16. That this application is made without 30 days of the said award.

17. That the orders prayed for necessary to save the petitioner from suffering
irreparable loss.
18. That the application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays your Lordships for the following orders :
(a) Cancellation of the award dated............
(b) Injunction in favour of petitioner restraining the respondent from taking any
further steps prejudicial to the interest of your petitioner.
(c)

Ad interim order in terms of prayers (a) and (b) above.

(d)

Payment of costs of and incidental to this application.

(e)

Any further order deemed fit and proper in the circumstances of the case of the
petitioner.

And your petitioner as in duty bound shall ever pray.

Verification
I, V.K. Shukla s/o Sri A.N. Shukla and about 42 years by occupation service, working for
gain at Circle Road, Faizabad, do hereby solemnly affirm and state on oath as under :
1.

That I am General Manager of Oriental Publishers Ltd. and its principal officer and
duly constituted attorney. I know and I have made myself acquainted with the facts
of this case and I am able to depose thereto. I am authorised and competent to
verify the aforesaid petition which I hereby do on behalf of the petitioner.

2.

That statements contained in para 1 to 18 hereinabove are true to my personal

knowledge based on information derived from records maintained by the petitioner
company which I believe to be true.

Solemnly affirmed by the said Mr. K.K. Shukla pursuant to board resolution dated............
of the Oriental Publishers Ltd. in the Court House at Allahabad, on this........... day of............
2001
Before me
Commissioner
(13) Award by Arbitrator appointed by the Court (Section 11 of the Arbitration and
Conciliation Act, 1996).
In the matter of the Arbitration and Conciliation Act, 1996
And
In the matter of Application No.............of.................
Whereas by an order dated............ made by the Honble High Court at Allahabad in
Application No............. I was appointed a Sole Arbitrator to enter into reference and I entered
into the reference, the parties filed statements and counter statements and other documents
and parties also adduced documentary and oral evidence, issues were framed and arguments
were heard from both sides and ultimately two issues came to be decided i.e.

(a)

Whether the petitioner effected additional supplies free of charge to dealers

carrying on business in its area of operation in accordance with the schemes
introduced by the respondent and

(b)

Whether the respondent has failed to settle due claims of the petitioner.

I have heard the parties, examined the record and considered the contentions of the parties
and accordingly I deal with two issues as under :
Issue No. 1.From the documents produced by the petitioner and from evidence collected
by me from the dealers carrying on business in the area of operation of petitioner it has been
established that the scheme introduced by the respondent has been properly executed by the
petitioner and the claim of Rs. 74,000/- in respect of supplies effected under the schemes are
duly supported by evidence and material on record. The respondent was required to settle the
claim within 30 days of receipt of such claim which it has not done.
Issue No. 2.That the respondent is liable to pay Rs. 74,000/- to the petitioner along with
an interest @ 18% per annum on the amount payable to the petitioner for the period exceeding
30 days from the date of the bill till the date of actual payment.
That I award Rs. 74,000/- to be paid by the respondent to the petitioner along with an
interest thereon @ 18% per annum beyond 30 days of the bill till the date of actual payment.
That I award Rs. 5,000/- as costs to be paid to the petitioner by the respondent............
Dated this............ day of............
Arbitrator
(Name............)
(14) Application seeking interim measures.
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter of : Arbitration and Conciliation Act, 1996
And
In the matter of : Section 9 of the said Act
And
In the matter of : An agreement of lease dated........... entered into between the parties
And
In the matter of : A.C. Limited, a company registered under the companies Act, 1956 having
its corporate office at 6, Kahu Kothi, Kanpur
Petitioners
Versus
1. H.B.I. Limited, a company registered under the Companies Act, 1956 having its corporate
office at 36, Patel Marg, Allahabad
2. S. Pradhan, working for gain at 36, Patel Marg, Allahabad
Respondents
To,

The Honble...............
Chief Justice and His
Companion Justice of
the said Honble Court
The humble petition of the abovenamed petitioner most respectfully sheweth :
1. That your petitioner has its corporate office at 6, Kahu Kothi, Kanpur.
2. That the respondent No. 1 is carrying on their business at 36, Patel Marg,
Allahabad, and the respondent No. 2 is working with respondent No. 1.
3. That all the parties hereto are within the jurisdiction of this Honble Court.
4. That your petitioner leased out machinery to the respondent No. 1 on the request of
respondent No. 2 for which an agreement was executed by the parties.
5. That the respondent No. 1 executed a Demand Promissory Note by way of security
and handed over the same to the petitioner.
6. That under the agreement respondents agreed to pay a sum of Rs. 30,000/- each
month commencing from next month to the date of agreement by the parties.
7. That the first respondent has not been regular in making payments, Rental of the
said machinery has not been paid by the respondent for the last seven months.
8. That on the default committed by the respondent in payment of the rentals your
petitioner has become entitled to claim overdue charges for subsequent period and
also to terminate the said agreement by notice. A copy of the aforesaid letter
together with acknowledgment cards have been annexed hereto and collectively
marked B and C.
9. That after termination of the agreement your petitioner has become entitled to take
possession of the said machinery which respondents have not given back so far. The
respondents are utilising the machinery wrongfully and, therefore, they have
become liable to pay damages to your petitioner @ 1500.00 per day till the
possession of the machinery is restored to the petitioner for which notice has
already been given to respondent.
10. That your petitioner is the owner of the machinery and is entitled to peaceful
possession of the same and, therefore, claims specific delivery of machinery in good
and perfect running condition. In the event of specific delivery not been given by the
respondent to the petitioner, your petitioner will claim a sum of Rs. 1,80,000.00
being the market value of the said machinery.
11. That in spite of demands made by the petitioner-respondent have not settled the
claims of the petitioner and have not handed over the possession of the machinery.
12. That the lease agreement between the parties contained a clause to refer all the
disputes between the parties for arbitration under Section 11 of the Arbitration and
Conciliation Act, 1996. This Honble Court has power to pass orders for safety and
protection of the assets of the petitioner.
13. That machinery of the petitioner now in possession of the respondent requires
expert care and intelligent handling. The said machinery is now being used without
any authority and illegally by the respondents. In the interest of justice an order of
injunction should be passed restraining the respondent from dealing with,
disposing, alienating encumbering, using the said machinery in any manner

whatsoever and it would be just and proper to pass an order appointing a Receiver
and direction to take possession of the machinery and to remove the same at your
petitioners godown.
14. That the agreement between the parties referred to above provides that your
petitioner is entitled to enter the premises of the lessee and take possession of the
machinery but in order to avoid any untoward happening and any complications
your petitioner is praying for appointment of a Receiver to take possession of
machinery. The said agreement also provides that if the agreement between the
parties is determined before the expiry of full term, respondent would deliver all the
certificates in relation to the said machinery and also insurance policy connected
therewith to your petitioner and, therefore, your petitioner prays appropriate
direction be given to the respondent accordingly.
15. That the respondents are disposing of their assets and properties and sale
proceedings thereof are being diverted and there is every likelihood that they may
sell or remove the machinery of your petitioner as their own assets to prevent
execution of the award which is likely to be passed in favour of your petitioner. In
the circumstances your petitioner prays that the respondent be directed to furnish
security for a sum of Rs. 2,50,000.00 within 15 days from the date of passing of the
order and in default thereto the assets and properties of the respondent be attached
particulars whereof, have been furnished by the respondent in their balance-sheet,
a copy of which has been annexed hereto marked D.
16. That your petitioner prays that an order of injunction, restraining the respondents,
their servants and agents from disposing of, alienating, encumbering or dealing with
any of their assets and properties until further order be passed.
17. That the subject-matter of the relief is valued at Rs. 2,50,000/- and that the cause
of action arose within the jurisdiction of this Honble Court. The respondent are
wrongfully not delivering the machinery within the jurisdiction of this Court and,
therefore, this Honble Court has jurisdiction to entertain this application.
18. That unless orders are made as prayed for, your petitioner will suffer loss and injury
and shall be prejudiced.
19. That this application is made bona fide and in the interest of justice.
Your petitioner therefore, humbly prays your Lordships for following orders :
(a)

A Receiver be appointed over the leased out machinery as detailed in

Schedule-A to the Lease Agreement.

(b)

The Receiver be authorised to take police help and

(c)

Injunction restraining the respondent their servants and agents from

disposing of, alienating, encumbering or dealing with the machinery
mentioned in the Schedule to the Lease Agreement.

(d)

Directions to respondents to show cause as to why they should not be asked to

furnish security within a period of 3 weeks for an amount of Rs. 2,50,000.00.

(e)

In case of respondent not showing any cause or not showing sufficient cause,
they be directed to furnish security of an amount of Rs. 2,50,000.00 within 21
days failing which assets and properties of the respondents disclosed in their
balance sheet and Schedule annexed thereto be attached and be kept attached
till they are sold out.

(f)

Ad interim orders in terms of prayers above.

(g)

Costs of this application be paid by the respondent.

(h)

Any further order deemed fit in the circumstances of the petitioners case.

And your petitioner as in duty bound shall ever pray.

Advocates on record

Signature of petitioner
Verification

I, K.P. Barnwal constituted attorney and the Law Officer of the petitioner do hereby
solemnly affirm and state that the statements made in paragraphs 1 to 19 of the foregoing
petition are true to my knowledge based on information derived from records maintained by the
petitioner and I believe them to be true.
Solemnly affirmed by the said K.P. Barnwal in the Court House at Allahabad this 20th day
of April, 2001.
Before me
Commissioner
(15) Notice for hearing of application.
In the High Court of Judicature at Allahabad.
Ordinary Original Civil Jurisdiction.
In the matter of : Arbitration and Conciliation Act, 1996
And
In the matter of Section 9 of the said Act
And
In the matter of : An agreement of lease dated............
And
In the matter of A.C. Limited, a company registered under the Companies Act, 1956 having
its corporate office at 6, Kahu Kuthi, Kanpur
Petitioner
Versus
1. H.B.I. Limited a company registered under the Companies Act having its corporate office
at 36, Patel Marg, Allahabad
2. S. Pradhan, working for gain at 36, Patel Marg, Allahabad
Respondents
To,
..
..
Dear Sirs
Please take notice that on 26.4.2001 at 10.30 a.m. or soon thereafter an application will be
made on behalf of the petitioner abovenamed before the Honble Judge for taking Arbitration
and Conciliation Act, 1996 matters for the following orders :

(a)

Appointment of a Receiver over the machinery with its attachments and

accessories detailed in Lease Agreement dated 16.11.1999 with direction for taking
possession of the same.

(b)

Injunction restraining the respondents their servants and agents from dealing with,
disposing of, alienating and encumbering the said machinery and its attachments
and accessories.

(c)

Authorisation to Receiver to take police help in case of need.

(d)

Direction to respondent to show cause as to why they should not be asked to

furnish security to the extent of Rs. 2,50,000/-.

(e)

Direction to the respondent to furnish such security, if he fails to show cause or

cause shown is not reasonable.

(f)

Ad interim order in terms of prayers above.

(g)

Costs of this application to be paid by the respondent.

(h) Any further order in the circumstances of the case of the petitioner.
Yours faithfully
Dated............
Place............
Advocate-on-Record
(16) Notice by Arbitrator.
Whereas I have been appointed as a Sole Arbitrator pursuant to the arbitration clause
contained in the Agreement dated 16.11.1999 entered into by you with Sri B.L. Sharma s/o
R.L. Sharma r/o 3, Baika Bagh, Allahabad, I hereby inform you that I have requested by Mr.
B.L. Sharma a party of the said Agreement to arbitrate in the said matter. I hereby fix 26th of
September, 2000 at 10.00 a.m. in my chamber as the date of first meeting for the purpose of
commencing the arbitration proceedings.
Please note that you are required to attend the said hearing personally or through duly
accredited representatives or counsel, in default whereof, I shall proceed ex parte.
Given on this, the 30th day of August, 1999, under my signature and seal.
Signature of the Arbitrator seal.
(17) Notice to lessee under arbitration agreement.
M/s. Kajal & Co. Muir Road, Allahabad
Dear Sirs
Reg : Lease in respect of machinery
Under instruction from my client M/s. Abha Traders 37, Dayanand Marg, Allahabad, I,
address you as follows :
1.

That an agreement dated 2nd January, 2001 was entered into between you and my
client mentioned above in respect of machinery and you inter alia agreed to pay
monthly lease rent of Rs. 60,000/- commencing from 1st February, 2001 for the
machinery taken on lease. Tenure of the lease was fixed for 5 years from the date of
execution of the lease deed.

2.

That you have failed to perform obligations on your part in terms of the said
agreement and have defaulted in payment of lease rent and are not furnishing the
security deposit as demanded by me. You have, therefore, committed breach of the
agreement and have become liable to the consequences thereof.

3.

That my client has instructed me to determine the said lease agreement which I
hereby do.

4.

After giving credit for all payments made by you in this regard, a sum of Rs. 7 lacs
is due and payable by you to my above noted client.

5.

That my client has instructed me to call upon you which I hereby do, that in case
you fail to pay the aforesaid sum within 7 days from, receipt of this notice, my
client will have no option but to initiate appropriate legal proceedings including
referring the matter for arbitration in terms of arbitration clause contained in the
agreement without any further reference to you.

6.

That you are not entitled to keep the machinery leased out with you and, therefore,
you are requested to deliver the said machinery to my client within a weeks time
failing which you shall be liable to pay compensation and mean of profit @ 2,500/per day from the date of the notice till delivery thereof.

Issued under my signature and seal on this 22nd day of April, 2001.
Signature of the Advocate
(Seal)
(18) Notice of revocation of an agreement to arbitrate.
To,
Mr.
..
Please take notice that I have on this 22nd day of April, 2001 revoked, annulled and
cancelled the appointment of Shri............ and Shri............ herebefore appointed as Arbitrator
to decide the matters in dispute between us pursuant to deed dated 1.6.1996 and the said
persons have no authority to adjudicate the dispute between you and me.
Signature
.
Distt
(19) Award by Arbitrator appointed by the party.
Be it known that I was appointed an Arbitrator under an agreement of reference
dated............ between............and............ to adjudicate upon the disputes referred to me.
I have heard the parties, examined the records, and produced the evidence and material
available thereon.
Now, after taking into consideration the evidence documents, materials placed before me
and after careful examination thereof I find and award as follows :
(1)

That there have been alternations and deviations from the plan described in the
Schedule A of the agreement. A copy of the agreement has been attached hereto.
The contractor.... has not completed the work in accordance with the said schedule
and, therefore, a sum of Rs. 60,000/- should be deducted from his final bill.

(2)

That the owner has neither committed any default nor is guilty of any delay in
supplying material to the contractor who has not completed the required work
within the stipulated time in accordance with the agreement entered into by the
parties. Therefore, the contractor is liable to pay damages which I assess Rs.
25,000/- to be deducted from his final bill.

(3)

That the owner has to settle the final bill of the contractor after deducting the
aforesaid two amounts of Rs. 85,000/- from the final bill of the contractor within
45 days from the date of the award.

(4)

And I award that an amount of............ as dealt hereinabove has to be paid by the
owner to the contractor within 45 days of the date of the award.

Dated............
Signature of Arbitrator
(20) Award by the Umpire.
This award is made on 16.4.2001 by me, the Umpire appointed on 18.3.2001 by Arbitrators
A.B. Lal and C.S. Sharma pursuant to an agreement of reference to Arbitrators dated
18.1.2001 between A.C. & Co., Chowk, Allahabad, and D.C. Contractors, Civil Lines,
Allahabad.
Whereas disputes had arisen between the parties who pursuant to the agreement of
reference mentioned hereinabove referred their disputes to the Arbitrators A.B. Lal and C.S.
Sharma who in accordance with the provisions of the agreement of reference appointed me an
Umpire in the said matter and whereas the said Arbitrators could not arrive at unanimous
conclusion in respect of the disputes referred to them and whereas I have been empowered to
decide the disputes in question which are as under :
1.

An amount of claim due to.................. and liability of interest on............ and where
I attended the hearings of the said arbitrators.

2.

Now, this award witnesses as under :

That after having considered the evidence and contentions of the parties and after having
examined the record I have arrived at the following conclusions :
1.

That the contractor has completed the work in accordance with the agreement
entered into between the parties and has filed his bills with the owner within the
stipulated period which have been correctly drawn and, therefore, he is entitled to
obtain the payment of the bills, and the owner is liable to pay the amount of the
bill to the contractor.

2.

That the owner has no reasonable excuse for delaying the payment of the
contractor and, therefore, he is also liable to pay interest @ 18% per annum from
the date of the bill till the date of actual payment.

3.

I award that............
Signature of Umpire

(21) Agreement of reference for arbitration between the partners.

This agreement of reference is made on this 2nd day of April, 2001 between A s/o B r/o X
hereinafter described as partner No. 1 and C s/o D r/o X hereinafter described as partner No.
2 and E s/o F r/o Z hereinafter described as partner No. 3. Whereas AC and E were carrying on
business in partnership and whereas some disputes have arisen among the said partners and

whereas the said partners have agreed to refer the said disputes for adjudication by a Sole
Arbitrator and whereas the aforementioned partners have agreed that the partnership accounts
shall be properly scrutinised, rendered and settled among the said partners and the said
partnership firm shall be dissolved from such date as is decided by the Sole Arbitrator. Now
partners aforementioned have agreed as under :
1.

That Mr. A.N. Srivastava s/o K. Srivastava, r/o 33, South Malaka, Allahabad, shall
be the Sole Arbitrator to adjudicate the dispute.

2.

That the Arbitrator shall take in his possession the books and documents of the
partnership firm and shall be responsible for safe custody thereof.

3.

That the Arbitrator shall record and maintain a minute book recording the
proceedings of the arbitration and take statements of the witnesses as may be
produced by the parties hereto.

4.

That the Arbitrator shall be entitled to avail service of an accountant or such other
person well versed in examining the accounts of the partnership firm and shall also
be entitled to take opinion of experts in order to decide the matter before him.

That the costs of the partners and their witnesses attending the arbitration proceeding and
award shall be paid out of the assets of the partners in the partnership firm.
5.

In witness whereof the partners aforesaid have put their hands on this agreement
of reference in presence of the witnesses undersigned.

Witnesses :(Signature and Address)

1.
2.
Signature of the partners
1.
2.
3.
(22) Arbitration agreement.
This agreement is made on this............................day of.................... 200....between :
(1)........................................................hereinafter called the Lessee which expression
shall, unless repugnant to the subject or context thereof, mean and include his legal heirs,
representatives, executors, etc., of the First Part.
AND
(2)...................................................hereinafter called the Guarantor which expression
shall, unless repugnant to the subject or context thereof, mean and include his legal heirs,
representatives, executors, etc., of the Second Part.
AND
(3)......................., a body corporate, constituted under the Banking Companies (Acquisition
and
Transfer
of
Undertakings)
Act,
1980,
having
its
Head
Office...............................................and
branches
inter
alia
on
at......................................................hereinafter called the ....................... which expression
shall, unless repugnant to the subject or context thereof, mean and include its successors and
assigns of the Third Part.

Whereas at the request of the Lessee and the Guarantor the Lessor Bank has agreed to
acquire equipments and let on lease on certain terms and conditions including that if any
dispute/s arises/arise between the Lessee, Guarantor and the Lessor Bank, such dispute shall
be referred to the arbitration of an Arbitrator to be appointed/nominated by the Chairman and
Managing Director of the Lessor Bank;
And whereas the Lessee and the Guarantor have agreed to refer the dispute that would
arise between them or any of them and the Lessor Bank to be settled by reference to the
arbitrator to be appointed as aforesaid;
Now, therefore, this agreement witnesseth as follows :
1. Whenever any difference or dispute shall hereafter arise between or amongst the
parties hereto touching the construction of these presents or anything herein
contained and or lease agreement executed by and between the Lessee and the
Lessor Bank and Guarantee Agreement by and between the lessee, Guarantor and
Lessor Bank or any matter or things connected with the execution of said
documents of lease equipment/s or the payment of lease rentals and other charges
and its recovery, or the rate of interest are chargeable or the rests at which interests
are chargeable, whether interest is payable compounded at quarterly rests or any
other rests or the charging or recovery of any costs, charges, expenses or the
payment or non-payment of arrears of rent/the amount, or about enforcement of
guarantee, or any other matter that may arise touching or concerning the liability of
or repayment by the Lessee and/or the Guarantor to the Bank, the same shall be
decided by the sole Arbitrator appointed/nominated by the Chairman and Managing
Director or Executive Director of the Lessor Bank, and such Arbitrator shall be a
person holding office of employment in the Lessor Bank as General Mabager or Dy.
General Manager or Assistant General Manager or Chief Manager of the Bank or
Manager or Law Office or any other Official of the Legal Department of the Bank and
the decision of the Arbitrator so appointed and nominated by the Chairman and
Managing Director/Executive Director of the Lessor Bank shall be final and binding
on the parties hereto and their privies. The Chairman and Managing Director of the
Lessor Bank shall be entitled to nominate the Arbitrator in substitution of the
Arbitrator already nominated by him in the event of resignation, retirement and
dismissal from service of the Arbitrator already nominated. He shall also be entitled
to nominate another Arbitrator in the event of the transfer of the Arbitrator already
nominated by him.
2. All costs and incidental expenses in connection with the Arbitration proceeding
commencing from the stage of reference to the Arbitrator till the award is made into
a decree of the Court shall be at the cost of Lessee and shall form part of the
amounts due to the Lessor Bank from the Lessee.
3. The Arbitrator so appointed/nominated shall, after accepting the reference, hold
such enquiry and adopt such procedure as deemed fit by the Arbitrator.
4. The Arbitrator shall have power to pass interim orders and also interim awards.
5. The Arbitrator may, with the consent of the parties or otherwise pass order
extending the period for making the award from time to time beyond the statutory
period of Four Months from the date of acceptance of reference.
6. The Arbitrator may, if so chooses, pass non-speaking award also. The mode of
recovery may be separately mentioned in the Award.

7. The Arbitrator may, if so requested by any party hereto, file the Award to the Court
of Competent Jurisdiction.
8. The Arbitrator nominated by the Chairman and Managing Director/Executive
Director of the Lessor Bank may cause service of notice to all the parties to the
Arbitration by addressing notices to the addresses of the parties as given above or to
the last known address. The notices issued by the Arbitrator under Registered Post
with or without Acknowledgement Due shall be deemed to have been served in the
normal course. If the notices so sent were to be returned for any reason by the
postal authorities, the notices shall be deemed to have been served on the parties
herein provided the notice has been addressed to the parties concerned as per the
address given above.
In witness whereof, the parties hereto have set their hand and put their signature on the
day, month and year first above written.
Lessee

Guarantor
Lessor Bank

8. ASSIGNMENT
SYNOPSIS
1. General.
2. Model Forms :.
(1) Deed of assignment of growing crops.
(2) Assignment of arrears of rent pursuant to sale of house.
(3) Assignment of a decree.
(4) Assignment of an amount due in running account.
(5) Assignment of bond debt.
(6) Assignment of business debt.
(7) Assignment of a Policy of Insurance.
(8) Assignment of a Patent.
(9) Deed of assignment of claim in litigation.
(10) Agreement regarding transfer of interest in a Beauty Parlour.
(11) Assignment of business debts.
(12) Assignment of arrears of salaries.
(13) Assignment of shares in a company.

1. General.An assignment is a mode of voluntary transfer of right from one individual to

another and it is particularly referable to the transfer of actionable claims which must conform
strictly to the provisions of Section 130 of the Transfer of Property Act. An assignment of a part
of debt is valid and an action can be maintained thereon by the transferee provided the

transferor and other transferee if any, are made parties to the suit. Transfer of an actionable
claim can only be effected by execution of an instrument in writing signed by the transferor or
his duly authorised agent meaning thereby that an actionable claim can only be transferred by
a written document. An oral arrangement between the owner of the actionable claim and his
daughter and two co-widows that the daughter alone will get the amount due under the
actionable claim cannot convey title to the latter in absence of a document in writing signed by
the owner of the actionable claim (AIR 1976 Pat 81). Benefit of a contract.
Under Section 3 of the Transfer of Property Act actionable claim means a claim to any
debt other than the expected ones. Right of a person to recover arrears of annuity is a debt and
even if it is charged upon an immovable property, the claim under this right amounts to
actionable claim. Likewise arrears of rent due to the landlord are debt and transfer of such debt
is covered by the mischief of actionable claim. Claim for rent for use and occupation is
actionable claim but right to mesne profit is a right to sue and is not an actionable claim and so
is a judgment debt or decree. A direction for payment of money to certain person does not
amount to assignment of money to such person and similarly a power of attorney to recover
debts does not constitute an assignment.
Transfer of an actionable claim can only be effected by execution of an instrument in
writing signed by the transferor or his duly authorised agent. If the terms and conditions of the
contract permit, a contract may be assigned. Transfer or assignment of, policy of insurance
may be made only by endorsement upon the policy itself or by separately executed instrument
whether it is with or without consideration. Rent arrears, current dues are actionable claims
and can be transferred by execution of an instrument signed by the transferor or his duly
authorised agent and duly attested by two witnesses. Assignment of a copyright in any work is
not valid unless it is in writing signed by the assignor. In such cases the work must be
identified and there must be mention of the amount payable as royalty to the author or his
legal heirs during the currency of the assignment. Every notice of transfer of an actionable
claim must be in writing duly signed by the transferor or his authorised agent. Where the
transferor refuses to sign, it should be signed by the transferee or his authorised agent stating
the name and address of the transferee.
Where a transferor of a debt warrants the solvency of a debtor, the warranty, in the absence
of a contract to the contrary, applies only to his solvency at the time of the transfer and is
limited. Whether the transfer is made for consideration to the amount or value of such
consideration.
No judge, legal practitioner or officer connected with any Court of Justice can, or traffic in
or stipulate for or agree to receive any share of or interest in any actionable claim.
The provisions relating to assignment of actionable claims do not apply to stocks, shares or
debentures or to instruments which are for the time being by law or custom negotiable or to
any mercantile documents of title to goods.
Documents of assignment of actionable claims are not required to be registered in law. But
where the lease hold interest of the business premises is worth more than Rs. 100.00, the
document of assignment of the business with stock in trade and lease hold interest is required
to be registered.
2. Model Forms :.
(1) Deed of assignment of growing crops.

This deed of assignment is made on the............ date of............ between............ s/o............

r/o............ hereinafter described as vendor and............ s/o............ r/o............ hereinafter
described as purchaser.
WHEREAS vendor has agreed to sell to............ the standing crops growing on the land
hereinafter described and all the benefits and advantages thereof at a price of Rs. 4 lacs,
AND WHEREAS the vendor has received and the vendee has paid the said sum of Rs. 4 lacs
by means of a Bank Draft drawn on Indian Overseas Bank in favour of the vendor,
AND WHEREAS the parties hereto have decided to execute an assignment deed in respect
of said growing crops,
Now THIS DEED of assignment witnesses as under :
1. That the vendor hereby grants, sells and assigns to the purchasers all the crops
standing on the land described hereinbelow in favour of the vendee together with
full rights and powers to enter upon the said piece of land or any part thereof for the
purposes of checking the conditions of the crops and for harvesting the same and
removing from the said land.
2. That the purchaser shall have the right, liberty and power for harvesting and
removing the crop either himself or through his servants, agents, labourers or any
employee as the case may be.
3. That the vendor also confirms that he is expressive owner of the growing crop sale
hereby and the purchaser shall have full benefits of the growing crop.
4. In witnesses whereof the parties hereto have signed this deed on the date
aforementioned.
Signature of the parties
(2) Assignment of arrears of rent pursuant to sale of house.
WHEREAS I, Beni Ram s/o Ram Nath r/o 108, Bharadwajpuram, Allahabad, have sold my
house bearing municipal number 4, Civil Lines, Allahabad, by sale-deed dated 3.4.2001 and
registered on 3.4.2001 which is in occupation of Madhav s/o Murali r/o 4, Civil Lines,
Allahabad, as tenant thereof at monthly rent of Rs. 3600/-.
AND WHEREAS the said tenant has not paid rent of the premises for a period of last 6
months to the date of the said sale in spite of repeated demands made and an intimation had
been given to the said tenant by the owner of his intention to sell the said house.
Now, this deed of assignment made on this 3rd day of April, 2001 witnesses as under :
1. That the assignor has transferred for consideration received to the vendee, the right
to recovery of Rs. 21,600/- due as arrears of rent from the said tenant.
2. That the said assignee shall have all rights to recover the arrears of rent and to
appropriate of the same for his own use.
3. That the said assignee including his successors in his interest shall be the person to
give a valid discharge in respect of said arrears of rent when the same is realised
from the tenant.

4. That the said assignee is not entitled to make a demand of the such arrears of rent
from the said tenant and to eject the tenant pursuant to his failure to pay the same
as permissible under law.
5. In witnesses whereof the parties hereto have signed this deed of assignment on the
date aforementioned.
Signature of assignor
Signature of assignee
(3) Assignment of a decree.
THIS DEED of assignment made on 4.4.2001 at Allahabad between Ramesh s/o Dinesh r/o
61, Chowk, Allahabad, hereinafter described as assignor and Raman s/o Kishori r/o 56, Ashok
Nagar, Allahabad hereinafter described as assignee.
WHEREAS the assignor is a decree-holder of decree number 1336/99 passed by the Munsif
(West) Allahabad in suit No. 96 of 1991 decided on 2/12/2000 in favour of the assignor against
R.N. Srivastava s/o B.N. Srivastava r/o 31, Niani, Allahabad, hereinafter described as
judgment- debtor for payment of Rs. 3 lacs.
WHEREAS the assignor is willing to sell the decree and his rights to an assignee and
assignee agreed to purchase the decree.
AND WHEREAS assignor and assignee after due deliberations and negotiations agree for
the assignment of the decree.
Now, THIS DEED of assignment witnesses as under :
1. That the assignor has sold the decree No. 1336/99 mentioned above for a sum of
Rs. 2 lacs 15,000/- which has been paid by the assignee to assignor vide Cheque
No. 313689 dated 4.4.2001 drawn on Punjab National Bank, Allahabad.
2. That the assignor acknowledged receipt of said cheque and has transferred all this
rights, title and interest to the assignee to recover and realise the amount of the
decree in any manner whatsoever in accordance with law.
3. That the assignor hereby authorises the assignee to issue receipt to the judgmentdebtor regarding decretal amount and to appropriate the same for his own use.
4. That this assignment shall become null and void in case the decree is reversed in
appeal or in any legal proceedings and in that case the assignor shall refund the
above noted amount of cheque paid by the assignee in consideration of the
assignment together with interest @ 18 per annum to the assignee.
5. That the assignor has assured the assignee that he has not received any amount
from the judgment-debtor against the decretal amount either in cash or by way of
adjustment.
6. In witness whereof the parties hereto have signed this deed before the witnesses
given hereunder.
(4) Assignment of an amount due in running account.
THIS DEED of assignment executed on this 22nd day of April, 2001 between S.K. Ahuja s/o
B.K. Ahuja r/o 3, Lukerganj, Allahabad, hereinafter described as assignor and Munnilal
Agarwal s/o Chunnilal Agarwal r/o 73, Chowk, Allahabad, hereinafter described as assignee

and Girija Shankar s/o Mohanlal r/o Baba Ka Bagh, Allahabad, hereinafter described as the
debtor.
WHEREAS the assignor has been advancing short term loans to the debtor who has been
repaying the same from time to time and a sum of Rs. 2 lacs has now become due against him
on the basis of running account between assignor and the debtor.
AND WHEREAS the assignor is desirous of the transferring of the said amount of debt to
an assignee and the assignee above-mentioned has agreed to pay a sum of Rs. 1,85,000/- as
consideration for the assignment in question.
Now, THIS DEED of assignment witnesses as under :
1. That the assignor has received payment of Rs. 1,85,000/- which the assignee has
paid to him in consideration of the assignment.
2. That the assignor has transferred all his rights, title and interest in the said
running account. A true copy of the account has also been furnished to the
assignee under the signature of the assignor.
3. That the assignor hereby undertakes to extend all help to the assignee in all legal
proceedings in the matter of the recovery of the said dues.
4. That the assignor has assured the assignee that the amount due to the aforesaid
running account is within time and assignor has not written off the same.
In witnesses whereof the assignor and assignee have signed this deed on the date
aforementioned. Which has been confirmed by the debtor by signing this deed.
Signature of assignor
Signature of assignee
Signature of the debtor.

(5) Assignment of bond debt.

THIS DEED of assignment is executed on 23.4.2001 by A.B. Lal s/o C.D. Lal r/o 117,
Gaughat, Allahabad, hereinafter described as assignor and G.C. Chaube s/o R.C. Chaube r/o
Mankana, Allahabad, hereinafter called assignee in respect of bond dated 1.8.1998 executed by
G.G. Shukla s/o P.G. Shukla r/o 11, Beli Avenue, Allahabad, hereinafter described as
borrower.
WHEREAS the said G.G. Shukla borrowed a sum of Rs. 6 lacs on 1.6.1998 from the
assignor on interest payable @ 18% per annum and executed a bond in favour of the assignor.
WHEREAS the assignor in urgent need of money and the borrower is not in a position to
repay the loan to the assignor and in order to raise funds required by the assignor he is willing
to transfer his rights in respect of the bond for a consideration of Rs. 5,50,000/- in favour of
the assignee, who has expressed his desire to pay the said amount and whereas the parties
decided to execute a deed of assignment, therefore, this deed of assignment witnesses as under
:
1. That the assignee has paid and the assignor has received a sum of Rs. 5,50,000/- in
consideration of assignment of the bond debt.

2. That hereafter the assignee shall be entitled to recover the bond debt from the
borrower and to sue in his own name and to issue receipt in full discharge of the
liability under the said bond.
3. That the assignor has delivered the said bond to the assignee free from all claims
thereto and encumbrances thereon.
4. That the assignor has also assured the assignee that he will co-operate in all
matters relating to realisation of the bond debt with the assignee wherever and
whenever the need be.
5. That the assignor has also assured the assignee that the amount of debt has not
become barred by time.
6. In witnesses whereof the parties above-mentioned have executed this deed of
assignment in favour of assignee on the date afore-mentioned in presence of
witnesses undersigned, and the borrower has also confirmed the debt by signing
this assignment deed.
Signature of assignee
Signature of assignor
Signature of the borrower.
(6) Assignment of business debt.
THIS DEED of assignment made on this 22.4.2001 between A.D. Pant s/o B.D. Pant r/o
33, M.G.Marg, Saharanpur, hereinafter described as assignor and B. Dhusia s/o P.C. Dhusia
r/o 51, Chowk, Saharanpur, hereinafter described as assignee.
WHEREAS assignor has been carrying on business dealing in cloth with several parties and
in due course of time some of them have lawfully become indebted to him in respect of several
sums of money mentioned against their names herein below, in Schedule A.
AND WHEREAS assignor has negotiated with the assignee for absolute sale of his entire
business debts for a sum of Rs. 13,30,000/-.
AND WHEREAS for this purpose both the assignor and the assignee have entered into an
agreement.
Now, THIS DEED witnesses as follows :
1. That in consideration of a sum of Rs. 13,30,000/- now paid to the assignor by the
assignee, the assignor hereby grants, trans fers, sells and assigns unto and to the
use of the said assignee all the debts specified in the schedule given hereinunder
and all the benefits of the securities held on account therefor if any.
2. That the assignee hereafter will be entitled to receive for his absolute use and
benefits with absolute power, authority and liberty payment of the assigned debt.
3. That the assignor do hereby covenant with the assignee that all the debts given in
the schedule hereunder are payable to him or lawfully due to him and the parties
from whom they are payable are alive and solvent.
4. That the assignor has not signed and entered into any com- promise, agreement or
arrangement with any of the debtors and none of the debts has been written off by
the assignor.
5. That the assignor shall co-operate with the assignee at all times in collection and
realisation of the amounts from the debtors.

Schedule
1. Rama & Co.

Rs. 3,30,000.00

2. Shyam Co.

Rs. 8,20,000.00

3. J.K. & Associates

Rs. 4,02,000.00

In witnesses whereof, the parties aforementioned have put on their hands on the date
mentioned hereinbefore.
Signature of the parties
(7) Assignment of a Policy of Insurance.
This agreement is made on 2nd January, 2001 between S.A.B. Lal s/o S.B.B. Lal r/o 3,
Kamala Nagar, Allahabad, hereinafter described as assignor and C.S.P. Yadav s/o D.S.P. Yadav
r/o 33, Jhunsi, Allahabad, hereinafter described as assignee which expression includes the
heirs, executors, successors and administrators of the respective parties.
WHEREAS the assignor is assured under Policy of Insurance executed and issued by the
Life Insurance Corporation of India vide policy document No. 336659271 dated 3.6.1996 for a
sum of Rs. 3,00,000.00 payable to assignor on death or on attaining the age of 60 which ever is
earlier.
AND WHEREAS the assignor has paid all due premiums on the above noted policy up-todate and whereas the said policy is in force.
AND WHEREAS the said assignor has agreed to assign the said policy of insurance in
favour of assignee for a consideration of Rs. 4,80,000/- and that the parties hereto have agreed
to enter into covenant mentioned hereinafter.
That THIS DEED of assignment witnesses as under :
1. That pursuant to the said agreement and in consideration of payment of Rs.
4,80,000.00 made by the assignee to the assignor by means of a Bank Draft of like
amount. The assignor has assigned all his rights, title and his interest in the said
policy of insurance to the said assignee with all the privileges, benefits and
advantages in respect of the said Insurance Policy.
2. That the assignor shall continue to pay all premiums due in future. He shall be
liable to pay to the company issuing the policy of late fee and interest leviable under
the policy of the insurance and in case such amount is paid by the assignee, the
assignor shall be liable to reimburse him in respect of such expenses relating to
Policy of Insurance.
3. That the assignor shall not act in any manner so that the Policy of Insurance
becomes void or voidable or by reason whereof the assignee may be prevented from
receiving money or any part thereof due under the policy by virtue of this deed.
In witnesses thereof the said assignor has executed this deed on the date mentioned herein
earlier and which the assignee has accepted by signing the same.
Witnesses :

(8) Assignment of a Patent.

Signature of the assignor

Signature of the assignee

THIS DEED of assignment made on this 10th day March, 2001 between P.C. Gupta s/o L.P.
Gupta r/o 3, Rajapur, Allahabad, hereinafter described as assignor and L.B. Kejriwal s/o P.L.
Kejriwal r/o 39, Bamrauli, Allahabad, hereinafter described as assignee, which expressions
shall include the heirs, executors, assigns and administrators of the respective parties.
WHEREAS the assignor is an inventor of a spraying machine named Nirjhar and is a
patentee in respect thereof.
AND WHEREAS the said patent has been registered on the fourth day of November, 1996 at
number 369267 in the patent office at New Delhi.
AND WHEREAS the assignor is exclusive user of the said patent for a period of ten years
from the date of the registration subject to payment of prescribed fee payable thereof.
AND WHEREAS the said assignor has agreed to assign the said spraying machine in favour
of the assignee who has agreed to purchase the benefits of the inventions and the patent for a
sum of Rs. 25,000/-.
Now, THIS DEED of assignment witnesses as under :
1.

That the assignee has paid a sum of Rs. 25,000.00 and assignor has received the
said amount by a Bank Draft No. 369424 dated 10.3.2001 drawn on State Bank of
India, Allahabad.

2.

That the assignor hereby grants, transfers and assigns to the assignee all the
benefits and advantages in respect of his said spraying machine including any
improvement thereof for a period of five years from the date of execution of this
deed.

3.

That the assignee shall lawfully hold the patentee rights of the said machine, and
shall be entitled to manufacture and market the spraying machine with the trade
name Nirjhar.

4.

That the assignor further covenants that he shall further assign rights in respect of
spraying machine on expiry period of the assignment on payment of such further
consideration by the assignee as may be agreed upon between the parties hereto.

In witnesses whereof parties have executed this deed of assignment on the date, month and
year aforementioned.
Witnesses :
Signature of the assignor
(9) Deed of assignment of claim in litigation.
WHEREAS I have filed a suit for recovery of Rs. 65,000.00 against I.S. Lal s/o N.L. Lal r/o
6, University Road, Allahabad, in the Court of Munsif west at Allahabad, wherein twenty
second day of December, 2001 has been fixed as the date of next hearing.
AND WHEREAS after the deliberation with G.M. Mulla s/o T.N. Mulla r/o 3, Kydganj,
Allahabad, I have agreed to assign all my rights, title and interest belonging to me in respect of
the said claim.
Now, I hereby assign my all rights, title and interest in respect of the said claim to the
assignee in consideration of Rs. 55,000/- which the assignee has paid to me vide Cheque No.
367893 dated 3.5.2001 drawn on Punjab National Bank, Allahabad.
1.

That I do hereby authorise the said assignee to prosecute the suit in my name or in
his own name as may be permissible in law.

2.

That I hereby put on record this assignment for effective prosecution of the claim
for the benefit of the said assignee.

In witness of the above-mentioned I have signed this deed today dated 3.05.2001 at
Allahabad in presence of the witnesses understated.
Signature of the assignor
Signature of the assignee
Signature of the witnesses.
(10) Agreement regarding transfer of interest in a Beauty Parlour.
THIS agreement is made on 3rd day of January, 2001 between B.L. Sharma s/o K.L.
Sharma r/o 3, Patel Nagar, Allahabad, hereinafter described as proprietor and P.L. Gulati s/o
C.L. Gulati r/o 37, Malviya Road, Allahabad, hereinafter described as purchaser.
WHEREAS the purchaser approached the proprietor for learning the trade and technique of
business of Hair Dressing and Beauty Parlour and whereas the purchaser has also disclosed
his intention to purchase a part of the business alongwith the premises from the proprietor.
AND WHEREAS the proprietor has agreed to impart training and techniques of business of
Hair Dressing and Beauty Parlour and also to sell a part of his business premises to the
purchaser.
Now, THIS DEED of assignment between the parties witnesses as under :
1. That the purchaser will work under the direction of the proprietor and shall
endeavour to learn and get training in the techniques of Hair Dressing and Beauty
Parlour for a period of three months.
2. That the purchaser will not divulge the secrets of trade to anyone and devote his
time and energy to obtain proficiency in the profession. The proprietor shall not
charge anything for imparting such training and likewise the purchaser shall not be
entitled to receive any remuneration during such training period.
3. That on expiry of said 3 months a part of business premises shall be sold out to the
purchaser who shall independently carry on business of Hair Dressing of Beauty
Parlour in the acquired premises under a name and style different to that of the
proprietors firm.
4. That consideration for such training and transfer of a part of premises has been
mutually fixed by the parties @ Rs. 2 lacs which shall be paid by the purchaser soon
after the expiry of training period of 3 months. Whereafter the proprietor shall
transfer a part of the premises alongwith all equipments and furniture in favour of
the purchaser, details where of have been given in Schedule A hereto.
In witnesses whereof the parties to the agreement have set their hands on the date
aforementioned here at Allahabad in presence of the following witnesses.
Signature of the proprietor
Signature of the witnesses :
Signature of the purchaser
(11) Assignment of business debts.
THIS DEED of assignment is made on the 2nd day of January, 2001, between Mohanlal s/o
Radhey Shyam r/o 33, Gaura, Allahabad, hereinafter called the assignor and Shambhu Nath

s/o Kullan Lal r/o 9, Naya Nagar, Allahabad, hereinafter called the assignee which expressions
shall include the heirs, executors, successors, administrators of the respective parties.
WHEREAS the assignor has been carrying on business for sometime past and has earned a
good will and established business relations with various other firms and persons. The said
assignor has some outstanding amount to be recovered from his customers and debtors and
also owes certain sums to some parties and firms.
AND WHEREAS the assignor is occupant of shop as a tenant of A.B. Mandal s/o G.P.
Mandal r/o 3, Ghia Nagar, Allahabad, on a monthly rent of Rs. 700/- with right to sublet the
premises without reference to the said landlord.
AND WHEREAS it has been agreed between the parties hereto after due deliberations and
inspection of the shop and examination of the account book of the assignor, that the assignor
shall assign its goodwill, its business including its outstanding business debts without
guarantee of realisation of debt or right of occupation of the premises for consideration of Rs.
15 lacs.
Now, THIS DEED of assignment witnesses as under :
1.

That in pursuance of the said agreement and in consideration of a sum of Rs. 15

lacs paid by the assignee and received by the assignor vide Bank Draft No. 653219
dated 2.1.2001 drawn on Canara Bank, Allahabad, the assignor hereby transfers
his rights in favour of assignee as detailed herein below :
(a) the goodwill of the firm;
(b) All the rights and the benefits arising out of all pending contracts entered into
by the assignor including privileges and advantages in relation thereto with the
right to repre- sent the assignor as his successors in the business.
(c) To realise and recover the debts and outstanding of the assignor along with
interest.
(d) Stock and trade including fittings and fixture of the shop.
(e) Electric connection, telephone connection and right to use the telegraphic
address of the assignor and
(f) Right of occupation of the shop and all the tenancy rights available under the
prevailing law for the time being in force.

2.

That the said assignor and assignee have also agreed that the assignor shall not
carry on similar business as that of the assignee within a radius of 25 k.m. from
his said shop for a period of 5 years either directly or through someone else.

3.

That the said assignor and the landlord assured the assignee that they have
delivered all relevant documents, securities, demand notices, books of account
relating to the said business belonging to the assignor and possession of the shop
to the assignee who shall be lawful possessor of the same hereafter.

4.

That the assignor shall be liable to pay sales tax and income tax assessed for the
business upto the date of the assignment and assignee shall not be liable for the
same.

5.

That the assignor hereby assures that he shall extend all co-operations in respect
of any recovery being executed by the assignee or in relation to peaceful possession
of the premises.

6.

That the assignee will perform his obligations under this deed punctually and fulfil
his contractual obligations regularly.

7.

That the assignee will keep the premises in good repair and pay the rent thereof to
the landlord punctually and also perform all other obligations arising under the
tenancy.

8.

That the assignee shall produce books of account and other documents before the
Income Tax Authority and Sales Tax Authority to facilitate the completion of
assessments pending before them.

In witnesses whereof the parties hereto have signed this deed on the date aforementioned in
presence of the witnesses undersigned.
WitnessesName and Address
Signature of assignor
Signature 1.
2.
Signature of assignee
(12) Assignment of arrears of salaries.
WHEREAS I was appointed as Assistant Registrar Co-operative Societies in the Co-operative
Department of Government of U.P. on 2nd day of April, 1998, and immediately before that I
was serving as Block Development Officer @ Rs. 15,000/- per month with dearness and other
allowances including house allowance of Rs. 2,000/- per month.
WHEREAS I was suspended on 6.12.1998 on administrative grounds.
AND WHEREAS I was discharged by the Court on 3.1.2001 in respect of said charges in
case No. 136 of 1998 decided on 3.1.2001.
AND WHEREAS as per order of the Court I am entitled to receive all my benefits of service
relating to period of suspension and whereas I have assigned my right to receive the salary in
favour of L.N. Agarwal s/o B.L. Agarwal r/o Munshiganj, Allahabad.
Now, THIS DEED of assignment witnesses as under :
1.

That assignor has to receive payment of Rs. 1,36,000/- from Government of U.P. as
salary including allowances as per orders of the Court.

2.

That the said right and entitlement of the salary has been assigned by the assignor
in favour of the assignee in consideration of Rs. 1,20,000/- which the assignee has
paid to the assignor and receipt whereof is hereby acknowledged by the assignor.

3.

That the assignor do hereby assigns, conveys, transfers all his rights, title and his
interest in respect of his said claims for arrears of pay and allowances amounting
to aforesaid Rs. 1,36,000.00.

4.

That the assignor also undertakes to assist and render all helps in realisation of
the aforesaid amount by the assignee whenever called to do so.

5.

That the assignee shall be entitled to deliver the notice under Section 80 of Civil
Procedure Code to the Government of U.P. and to realise the said amount through
Court or otherwise and to give full discharge to the said Government in respect of
the said claim.

In witnesses whereof I have signed this deed of assignment.

Signature of assignor
Signature of assignee
Signature of witnesses with their names and address
1.
2.
(13) Assignment of shares in a company.
THIS assignment is made on the 1st day of April, 2001 between M.D. Mishra s/o G.D.
Mishra r/o 5, Minto Road, Allahabad, hereinafter called the assignor and C.D. Shukla s/o G.D.
Shukla r/o 3, Clive Road, Allahabad, hereinafter called the assignee.
WHEREAS the assignor has been holding 1000 equity shares of Prism Cement Ltd. under
Folio No. 360923.
AND WHEREAS the assignee has agreed to purchase these equity shares for consideration
of Rs. 9,000/-.
Now, THIS DEED of assignment witnesses as under :
1. That the assignee has paid Rs. 9,000/- being the consideration money which the
assignor has received.
2. That the assignor hereby assigns and transfers to the assignee 1000 equity shares
of Prism Cement Ltd. in favour of the assignee.
3. That the assignee is hereby authorised to hold the shares subject to conditions of
the memorandum of articles of association of the company.
4. In witness whereof the parties hereto have signed this deed in the presence of
undersigned witnesses.
Witnesses :
(Name and Address)

Signature of the assignor

Signature of the assignee

9. BAIL PETITION
SYNOPSIS
1. General.
2. Model Forms :.
(1) Application for anticipatory Bail before the High Court..
(2) Application for anticipatory Bail before the Sessions Judge.
(3) Application for anticipatory Bail.
(4) Application for Bail before the High Court.
(5) Bail Petition before the Sessions Judge.
(6) Petition for Bail before the Sessions Judge.
(7) Bail Petition before the Magistrate.
(8) Bail Petition before the Magistrate in a pending case.

(9) Bail Petition before the Sub-Divisional Judicial Magistrate.

(10) Bail Application with regards to offences under IPC.
(11) Bail Application before the Sessions Judge.
(12) Application under Section 438 of the Code of Criminal Procedure.
(13) Application under Section 439 of the Code of Criminal Procedure.

1. General.The word "bail" has not been defined in the Criminal Procedure Code. The
dictionary meaning of the word "bail" is to set free or liberate a person on security being given
of his appearance. In Wharton's Law Lexicon the word "bail" has been defined thus :
To set at liberty a person arrested or imprisoned on security being taken for his
appearance.
The word has been similarly defined in all the dictionaries and also in Strouds Judicial
Dictionary. Bail thus means release of a person from legal custody. On the basis of the
definition as given in these dictionaries the etymological expression contemplates release from
custody or restraint which, in other words, means to set free or liberate a person arrested or
imprisoned on taking security for his appearances. [State v. Om Prakash, 1973 Cr LJ 824 ;
Pulinathanam v. State, AIR 1967 Ker 189 : 1966 Ker LT 968 : 1967 Cr LJ 1152 ; State v. Dallu
Punja, AIR 1954 MB 113; Govind Pd. v. State of West Bengal, 1975 Cr LJ 1249 : 79 CWN 474].
To liberate from arrest and imprisonment, upon security that the person liberated shall
appear and answer in Court; to help in a predicament by supplying financial aid, [New
Webesters Dictionary of the English Language, 1981, Edn. p. 74.] security for prisoners
appearance, person who becomes surety. [Advocated Illustrated Oxford Dictionary, 1998, p. 84].
The word bail in its derivation has been traced to the old French word baillier. Its meaning
is to give or delivery. [Vide Whartons Law Lexicon, 1976 Reprint p. 868].
The broad principles adopted in Courts with regard to bail are,
(1)

Bail is a matter of right if the offence is bailable.

(2)

Bail is a matter of discretion if the offence is not bailable.

(3)

Bail shall not be granted by the Magistrate if the offence is punishable with death
or imprisonment for life. But if the accused is a woman or a minor under the age of
16 years or a sick or infirm person, the Magistrate has a discretion to grant bail.

(4)

The Court of Session and the High Court have a wider discretion in granting bail
even in respect of offences punishable with death or imprisonment for life.

There is no inherent power to grant bail. Bail has to be granted under the provisions of the
Code. [Jairam Das v. King Emperor, AIR 1945 PC 94: 46 Cr LJ 662 ; Mansab Ali v. Irsan, AIR
2003 SC 707].
Capable of being admitted to bail, admitting of bail; as a bailable offence. [New Webesters
Dictionary, 1981, p. 74]. According to Whartons Law Lexicon an interesting process is said to
be bailable when bail can be given and the person arrested may obtain his liberty in
consequence. [Whartons Law Lexicon, 1976, p. 734].
2. Model Forms :.
(1) Application for anticipatory Bail before the High Court..
In the High Court at Calcutta (Criminal Miscellaneous Jurisdiction)

In the matter of : An application for anticipatory bail under Section 439 of Criminal
Procedure Code.
R s/o M residing at 36, Bara Bazar, Calcutta

Petitioner

Versus
State of Bengal

Respondent

To,
The Honble Mr. Chief Justice and
His Companion Justices of the said
Honble Court.
The Humble petition of Raja Ram the petitioner abovenamed most respectfully sheweth as
under :
(1)

That the petitioner is a reputed person being in service of Tata Iron and Steel Co.
Ltd. and having being an assessee under the Income Tax Act, 1961.

(2)

That the petitioner is residing in house No. 36, Bara Bazar, Calcutta.

(3)

That due to some enmity his rival D.Kumar, s/o C.N. Kumar has lodged a
complaint against the petitioner for the alleged offence of cheat and forgery.

(4)

That the intention of the complaint is only to harass the applicant and to tarnish
his image in the society and in the Tata Iron and Steel Company Ltd. particularly.

(5)

That your petitioner has every apprehension that the police may arrest and put
him in jail to harass and cause mental torture and physical inconvenience in
connection with the said complaint.

(6)

That in the interest of justice the petitioners plea for antici patory bail should be
allowed and the petitioner undertakes to abide by all the terms and conditions of
the bail.

(7)

That if the anticipatory bail is not granted to the petitioner, he shall suffer
irreparable loss or injury.

(8)

That the application is made bona fide in the interest of justice.

In the circumstances the petitioner humbly prays :

That your Lordship may be pleased to direct that in case the petitioner is arrested in
connection with the above noted complaint he shall be forthwith released on bail.
Your Lordship may pass such other order or orders as may be deemed fit and proper.
And your petitioner as in duty bound shall ever pray.
Signature of Advocate
Verification

Signature of the petitioner

I, R s/o M the petitioner abovenamed by occupation service residing at 36, Bara Bazar,
Calcutta, do hereby solemnly affirm and state as follows :
(1)

That I am the petitioner abovenamed and I am fully acquainted with the facts and
circumstances of the case deposed thereto.

(2)

That the statement in paragraph 1 to 8 in the foregoing petitions are true to my

knowledge and belief.

(3)

That I have signed this verification on this 26th day of April, 2001 in Calcutta.

Solemnly affirmed by the said Raja Ram on 26th day of April, 2001 in the Court House at
Calcutta.
Before Commissioner

Signature of petitioner

(2) Application for anticipatory Bail before the Sessions Judge.

In the Court of Sessions Judge at Hubli
(Criminal Miscellaneous Case No..................)
In the matter of : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure and
In the matter of :
R s/o A, r/o................................

Petitioner
Versus

State of....................

Respondent

To,
The humble petition of the petitioner abovenamed most respectfully sheweth :
(1)

That the petitioner is a businessman of high reputation having a long standing

business in Calcutta. In connection with his business he visits various places to
meet his customers and transact the business.

(2)

That your petitioner very often visits various areas of the Hubli district and in some
of such areas your petitioner is very often harassed by some anti social elements.

(3)

That after being harassed by few undesirable elements your petitioner threatened
them to take action if they did not stop in harassing your petitioner.

(4)

That said undesirable elements has the conspiracy to harass your petitioner and
with that need in view they have implicated your petitioner in a false case by
lodging FIR at the police station at Hubli.

(5)

That your petitioner being a businessman of good reputation and having a large
network of business cannot go underground and whenever called he shall
cooperate with the police investigation of the alleged offence. Therefore this
application of your petitioner for anticipatory bail should be allowed.

(6)

That if anticipatory bail is not granted your petitioner shall suffer irreparable loss
and injury.

(7)

That the petitioner undertakes to abide by all the terms and conditions put by this
Honble Court while granting the order of bail.

(8)

It is therefore most respectfully prayed that the petitioner be allowed the bail and
be kindly granted any such other order as may be deemed fit in the circumstances
of the case. And for this your petitioner shall ever pray.
Verification

I, R s/o A, residing at................................, do hereby solemnly affirmed and state as

follows :
(1)

That I am the petitioner abovenamed and I am fully acquainted with the facts and
the circumstances of the case.

(2)

That the statement in paragraph 1 to hereinabove are true to my knowledge and

belief.

(3)

That I have signed this verification on this 20th day of April, 2001 at Hubli.

Solemnly affirmed by said Raja Ram the applicant on this 20th day of April, 2001 at Court
House at Hubli.
Before me
Notary/Magistrate

Signature of Applicant
(3) Application for anticipatory Bail.
(Under Section 438 of Criminal Procedure Code 1973)

In the Court of Sessions Judge at Howrah

R s/o A, r/o................................

Petitioner
Versus

State of....................

Respondent

The humble petition of the abovenamed petitioner most respectfully sheweth :

(1)

The burglary was set to have been committed in village Sheera in police station
Sangli district of Howrah in the night of 23rd March 2001.

(2)

That the said burglary was committed in the house of Sohan Lal who has enmity
with the petitioner for the last several years due to political rivalry arisen out in
village panchayat election.

(3)

That the said Sohan Lal has lodged a FIR wherein your petitioner has been named
as accused for the offence of burglary which is non bailable offence, and the police
may arrest your petitioner at the instance of said Sohan Lal in connection with the
said burglary.

(4)

That in the interest of justice the petitioner should be granted an anticipatory bail
and for which the petitioner undertakes to obey all the conditions mentioned in
Clauses 1 to 3 of sub-section (2) of Section 438 of Procedure of Code, 1973.

(5)

That in the circumstances your petitioner prays that :

This Honble Court may be pleased to order a direction to Officer-in- charge of police station
at..................... That in case your petitioner is arrested in connection with the above noted
offence he may be released on bail on conditions that this Honble Court may be deemed fit and
proper.
And your petitioner, as in duty bound, shall ever pray.
Verification
I, R s/o A, residing at................................, do hereby solemnly affirm and state as under :
(1)

That I am the petitioner abovenamed and I am fully acquainted with the facts and
circumstances of the case.

(2)

That the statements given in paragraph 1 to 5 of the foregoing petitioner are true to
my knowledge and belief.

(3)

That I have signed this verification on the 26th day of 2001 at the Court House at
Howarah.

(4)

Solemnly affirmed by the said Raja Ram who on this 26th day of April 2000 in the
Court House at Howarah.

Before me
Notary
Signature of Petitioner
(4) Application for Bail before the High Court.
(Under Section 439 of Criminal Procedure Code)
In the High Court of Calcutta (Criminal Miscellaneous Jurisdiction)
In the matter of : An application for bail under Section 439 of Criminal Procedure Code and
In the matter of :
.(in Jail Custody) s/o, residing at.
Petitioner
Versus
State of....................

Respondent

To,
The Honble Mr. Chief Justice and
His Companion Justices of the
said Honble Court.
The humble petition of Raja Ram the abovenamed petitioner most respectfully sheweth :
(1)

That the petitioner is respectable person engaged in social service and is retired
government servant and is also a Income Tax payer.

(2)

That one Shri B.B. Singh that de facto complainant has lodged a FIR in the police
station...................against the petitioner implicating him in the criminal case.

(3)

That the police has investigated the matter and has not found any evidence against
your petitioner.

(4)

That your petitioner may apply for bail before the Sub- Divisional Magistrate on
2nd March, 2001 which has been refused.

(5)

That your petitioner thereof apply before the Sessions Judge, Alipur in Criminal
Miscellaneous Case No.....................on 29th day of March, 2001 but learned
Sessions Judge has also refused the bail.

(6)

That your petitioner is in jail custody for over a month and a police has duly
interrogated him during the police custody and any further detention of your
petitioner under the bail is not necessary for the purpose of investigation of the
case.

(7)

That your petitioner has his permanent residence at 36, Bara Bazar, Calcutta and
is a retired government servant. Presently engaged in social work and has
absolutely no chance of absconding.

(8)

That your petitioner undertakes to obey all the terms and conditions of the bail and
also undertakes to attend the Court of the learned Magistrate as and when
required.

(9)

That the petitioner is bona fide and is made in the interest of justice.

(10) In the circumstances the petitioner humbly prays Your Lordships :

To order giving a direction for the release of the petitioner on bail or pass such other order
as may be deemed fit and proper.
And your petitioner, as in duty bound, shall ever pray.
Signature of the Advocate of the Petitioner
Signature of the Petitioner
Verification
I, R s/o A, r/o...................., presently in Alipur custody, do hereby solemnly affirm and
state as follows :
(1)

That I am the petitioner abovenamed and I am fully acquainted with the facts and
circumstances of my case.

(2)

That the statements of paragraph 1 to 9 to this petition are true to my knowledge

and belief.

(3)

I have signed this verification on this 26th April, 2001 at Alipur Jail.

Solemnly affirmed by the said Rajaram in Alipur Jail.

Before me
Commissioner
(5) Bail Petition before the Sessions Judge.
(Under Section 379 of Criminal Procedure Code)
In the Court of Sessions Judge at Alipur, 24 Paraganas West Bengal, Case No...................
of............. under Section 379, IPC.
The State of..................

Respondent
Versus

Accused R s/o A, Police Station,..................

Petitioner

In the matter of : The petitioner for bail of the accused.

To,
The humble petition of the accused in the above case most respectfully sheweth :
(1)

That your petitioner was convicted by the Sub-Divisional Judicial Magistrate,

Alipur under Section 379, IPC on 10th day of February, 2001 and sentenced to 3
months rigorous imprisonment.

(2)

That against the said conviction and sentence your petitioner has filed a bail which
is pending before this Honble Court.

(3)

That the type writer alleged to have been stolen by the peti- tioner. It was
purchased by a shop on 13th December, 2001 for a sum of Rs. 15,000/- and for
which a cash memo has been issued by the shop keeper in favour of your
petitioner.

(4)

That your petitioner was a bona fide purchaser of a type writer and had no
knowledge that the type writer in question was a stolen property.

(5)

That your petitioner is a typist and runs a typing institute where he imparts
training to students.

(6)

That your petitioner is a man of reputation in his Mohalla and there is no chance of
his absconding.

(7)

That in the interest of justice the bail petition has moved by the petitioner. It
should be accepted and bail should be granted.

(8)

Unless the bail is granted to your petitioner he shall lose of his regular customers.

(9)

Your petitioner prays that Your Lordships may be pleased to order for an interim
bail which is pending for hearing.

And your petitioner, as in duty bound shall ever pray.

Verification
I, R s/o A, r/o.................., do hereby solemnly affirm and state as under :
(1)

That I am the accused petitioner abovenamed and I am fully acquainted with the
facts and the circumstances of my case.

(2)

That the statement in paragraph 1 to 8 of this petition are true to my knowledge

and belief.

(3)

I have signed this verification on 26th day of April, 2001 at Alipur.

Solemnly affirmed by said Raja Ram on this 26th day of April, 2001 at the Court house in
Alipur.
Before me/Notary/
Magistrate
Signature of the petitioner
(6) Petition for Bail before the Sessions Judge.
(Under Section 439 of Criminal Procedure Code)
In the Court of Sessions Judge at Alipur, 24 Paraganas West Bengal, Case No...................
of 2000 pending in the Court of Sub-Divisional Magistrate of Alipur, 24 Paraganas, (WB)
The State of..................

Respondent
Versus

R s/o S r/o..................

Petitioner

In the matter of : An application of Raja Ram the accused for bail.

The humble petitioner of Raja Ram the accused petitioner above- named most respectfully
sheweth :
(1)

It was alleged that burglary committed in the house of........., s/o...........,

r/o............ on the night of 3rd December, 2001 and your petitioner was arrested in
connection with the said burglary by the police about a month after the scrutiny of
the crime at his house. The charge-sheet was submitted on 16th March, 2001.
Your petitioner bail for prayer has been rejected by the Sub-Divisional Judicial
Magistrate at Howrah on 10th April, 2001 being agreed by the Howrah learned
Magistrate has been refusing the bail of petition and he has now come to this
Honble Court and prays for the bail on the following grounds :
Grounds

(1)

That the First Information Report does not contain name of your petitioner.

(2)

That the petitioner was arrested after a month of the crime and his house was
searched and no incriminating articles were found.

(3)

That your petitioner is innocent and has been arrested only on ground of suspicion.

(4)

That an identification parade was conducted wherein inmates of the house where
burglary was committed had not identified the petitioner.

(5)

That the accused is a hawker of newspaper and at that time when the burglary
happened he had gone for collecting his copies.

(6)

That your petitioner states that in case a bail is granted to him he will not escape
or abscond during trial or otherwise.

(7)

That your petitioner has been implicating on such suspicion and false allegation
and he has very good defence.

(8)

That your petitioner is willing to furnish proper security in the Court of trial.

(9)

That in view of the aforesaid case the bail should be granted to your petitioner in
the interest of justice.

Your petitioner therefore prays that this Honble Court may be pleased to call for the
records and issue notice to the public prosecutor and pass an order directing the release of
your petitioner on bail after hearing the parties.
And your petitioner, as in duty bound, shall ever pray.
Signature of advocate for the petitioner
Signature of the petitioner
Verification
I,..........................., s/o.................. on occupation newspaper
at.................., do hereby solemnly affirm and state as under :

hawker

residing

(1)

That I am the accused petitioner abovenamed and I am fully acquainted with the
facts and circumstances of my case.

(2)

That the statements in paragraph 1 to 9 of this petition are true to my knowledge

and belief.

(3)

I have signed this verification on this 26th day of April, 2001 at the Court house at
Alipur.

Solemnly affirmed by the said Raja Ram on the 26th day of April, 2001 at the Court house
at Alipur.
Before me
Notary/Magistrate
Signature of the petitioner
(7) Bail Petition before the Magistrate.
During Police Enquiry Under Section 437, Cr PC
In the Court of Magistrate
State of U.P..............................................................
Versus
Accused.................., s/o.................., r/o..................
In the matter of : A petition for bail of accused.................., during police enquiry.

That the humble petition of the accused Raja Ram most respectfully sheweth :
(1)

That your petitioner was arrested by police on 6th day of December, 2000 on
suspicion.

(2)

That no charge sheet has been submitted by the investigating officer although more
than a month has passed since then.

(3)

That the arrest of your petitioner was made in connection with the burglary alleged
to have taken place in the house of Vijoy Singh.

(4)

That your petitioner has reason to believe that said Vijoy Singh who has been
keeping grudge against your petitioner and who has been looking after his case has
falsely implicated petitioner in the case.

(5)

That your petitioner is innocent and has a very clean history behind him.

(6)

That in case your petitioner is granted bail he will not abscond and willfully
cooperate with the police.

(7)

That this petition is made bona fide in the interest of justice.

(8)

Your petitioner prays that this Honble Court may kindly be pleased to call for the
record and direct the release of your petitioner on bail after perusing the same.

And your petitioner, as in duty bound, shall ever pray.

Signature of the advocate of petitioner
Signature of the petitioner
Verification
I,.................. s/o.................., residing at.................., by occupation newspaper hawker, do
hereby solemnly affirm and state as under :
(1)

That I am the accused petitioner abovenamed and I am fully acquainted with the
facts and circumstances of my case.

(2)

That the statements in paragraph 1 to....... of this petition are true to my

knowledge and belief.

(3)

That I have signed this verification on this day of 26th of April, 2001.

Solemnly affirmed on 26th day of April, 2001 at the Court house at..................
Before me
Notary/Magistrate
Signature of the petitioner
(8) Bail Petition before the Magistrate in a pending case.
(Under Section 437 of Criminal Procedure Code)
In the Court of Magistrate of Alipur Case under Section....., IPC.
State of...................................................
Versus
R s/o.................., residing at..................
In the matter of : A petition for bail of accused R
That the humble petition of Raja Ram the abovenamed accused most respectfully sheweth :

(1)

That your petitioner was arrested by the police on suspicion in the night of 5th day
of February, 2001 in connection with the burglary was committed in the house
of.................., residing at..................

(2)

That the name of your petitioner did not figure in the FIR and he was also not
identified by any inmate of the house where the burglary set to have been
committed.

(3)

That your petitioner was arrested his house was searched by the police but nothing
incriminating was found in the house of the petitioner.

(4)

Your petitioner is a teacher and commands respects in the area where he is

residing.

(5)

That your petitioner should be granted a bail as he is innocent and police has not
been able to collect any evidence against him.

(6)

In case the bail is not granted to your petitioner he shall suffer irreparable loss and
injury.

(7)

That your petitioner states that he will obey the terms and conditions imposed by
this Honble Court and he will not abscond and will fully cooperate with the police.

(8)

Your petitioner therefore prays that a notice be issued to the State and bail be
granted to the petitioner after hearing the parties.

And your petitioner, as in duty bound, shall ever pray.

Signature of advocate of petitioner
Signature of petitioners
Verification
I, R s/o A, by occupation teacher residing.................., do hereby solemnly affirm and state
as under :
(1)

I am the petitioner abovenamed and I am fully acquainted with the facts and
circumstances of my case.

(2)

That the statements of paragraph 1 to 7 of this petition are true to my knowledge

and belief.

(3)

I have signed this verification on this day of 26th of April, 2001.

Solemnly affirmed on 26th day of April, 2001 at the Court house at..................
Before me
Notary/Magistrate
Signature of the petitioner
(9) Bail Petition before the Sub-Divisional Judicial Magistrate.
(Under the Court of Sub-Divisional Judicial Magistrate)
The State of West Bengal
Versus
A.B. Ahuja, C.D. Chaubey, E.F. Shukla and G.H. Gupta
The humble petitioner of the accused persons abovenamed most respectfully sheweth :
(1)

That your petitioners were arrested by Alipur Police under Section 151, Cr PC on
15th day of January, 2001 at 3 p.m. and were kept in lockup of the police station.

(2)

That your petitioners were refused bail by the police.

(3)

That your petitioners have been produced before your honour today and have been
charged under Section 188, IPC.

(4)

That the offence alleged to have been committed by the petitioner are appealable.

(5)

That petitioners are innocent they have been falsely implicated in a case and they
should be granted bail.

(6)

That under the circumstances your petitioner pray : that they be released on bail
pending on the disposal of the case.

And your petitioner, as in duty bound, shall ever pray.

Signature of advocate of the petitioner
Signature of petitioners
Verification
We, the petitioner abovenamed do hereby solemnly affirm and state as under :
(1)

That we are the abovenamed petitioners and are fully acquainted with the facts and
circumstances of our case.

(2)

That the statement made in paragraph 1 to 5 to this petition are true to our
knowledge and belief.

(3)

That we have signed this verification on this 15th day of March 2001.

Solemnly affirmed on 15th day of March, 2001 at the Court house at..................
Before me
Notary/Magistrate
Signature of the petitioners
(10) Bail Application with regards to offences under IPC.
In the High Court of Judicature at Allahabad Criminal Misc. Bail Application No. ..............
of 1991.
(Under Section 439, Cr PC)
District.....................
Sri...................., s/o...................., r/o..................

P.S. .................. District................

Applicant
(In Jail)

Versus
State.............................

Respondents

Pending Case Crime No. .......................... of 19 ...........

Under Section 377 of Indian Penal Code, P.S. ........... District ...........
To,
The Honble Chief Justice and his
other companion Judges of the
aforesaid Court.
The humble petition of the abovenamed applicants most respectfully showeth as under :

1.

That in view of the facts and circumstances mentioned in the accompanying

affidavit it is expedient in the interest of justice that this Honble Court may be
pleased to enlarge the applicant on bail during the pendency of the trial in the
Court below otherwise the applicant shall suffer an irreparable loss and injury
which cannot be compensated at any costs.
PRAYER

It is, therefore, most respectfully prayed that this Honble Court may be pleased to release
the applicant on bail during the pendency of the trial in the Court below and may also be
pleased to pass such other and further orders as it deems fit in the circumstances of the case.
Dated ..............

..............
Advocate
Counsel for the Applicant
(11) Bail Application before the Sessions Judge.
FIRST BAIL APPLICATION ......................
(Applicant in Jail)

In the Court of Special Judge (D.A.A.) District .................. Bail Application No. .............
19 .............
In
State ................................. Versus .................................. and others
(Under Section 392, IPC)
P.S. .....................................
District .................................
Crime No. ................................
Bail Application on behalf of :
1. ............................
2. ............................ Name the persons in Jail
3. ............................
Residents of .................... P.S. .................... District ..................... Accused Applicants
Sir,
For the reasons contained in the annexed affidavit it is respectfully prayed that the accused
applicants be kindly pleased on bail during their trial.
Dated .................. ....................
Counsel for the Applicants.
(12) Application under Section 438 of the Code of Criminal Procedure................
at...............
Applicant :

Versus
Non-applicant :

B
Case No.

/B.A. No.

Crime No.

Police Station
Offence under Section
The applicant named above respectfully begs to submit as under :
1. That the applicant had preferred an application under Section 438, Cr PC for
anticipatory bail before the learned lower Court, which has been rejected by the
lower Court vide order dated................in bail application No. ................ A copy of
the same is being annexed herewith as Annexure.
2. That this is the First/Second bail application before this Honble Court. No other
application of the nature is pending before this Honble Court or before the Court
below.
3. That the applicant is apprehending his arrest in connection with the Crime
No................. registered at Police Station....... for an alleged offence punishable
under Section ................ of IPC.
4. The petitioner has following pending/decided criminal case against him......... (if
non-say nil).
5. That as per prosecution story................
GROUNDS
6. .................................................
7. That the applicant is ready to abide by all the directions and conditions which may
be imposed by this Honble Court while granting bail.
8. That the applicant is permanent resident of...........................
PRAYER
It is therefore, prayed that this Honble Court may kindly be pleased to order release of the
applicant on bail in the event of arrest for the above mentioned offence.
Place :

Counsel for the applicant

Dated :
(13) Application under Section 439 of the Code of Criminal Procedure.
Misc. Cr. Case No. ........../year
Applicant :

Versus
Non-applicant :

B
Case No.

/B.A. No.

Crime No.
Police Station
Offence under Section
The applicant named above respectfully begs to submit as under :
1. That this is the First/Second bail application before this Honble Court. No other
application of the nature is pending before this Honble Court or before the court
below.

2. That the applicant had preferred an application under Section 439, Cr PC for his
release on bail before the learned Sessions Court, which has been rejected by the
lower Court vide order dated................in bail application No. ................ A copy of
the same is being annexed herewith as Annexure.
3. That the applicant has been arrested by Police of Police Station................
on ................ for an alleged offence punishable under Section ................ of IPC.
4. That I am applicants Relative and I am fully conversant with the facts of the case
and authorized by the applicant to move an application for his release on bail.
5. That as per prosecution story................
GROUNDS
6. ................................................
7. That the applicant is permanent resident of................
8. That the applicant is ready to furnish adequate surety and shall abide by all the
directions and conditions which may be imposed by this Honble Court.
PRAYER
It is therefore, prayed that this Honble Court may kindly be pleased to grant bail to the
applicant.
Place :
Dated :

Counsel for the applicant

10. BONDS
SYNOPSIS
1. General.
2. Model Forms :.
(1) Simple Money Bond.
(2) Bond with surety.
(3) Surety Bond to secure repayment of loan.
(4) Surety Bond (another form).
(5) Indemnity Bond in favour of Bank.
(6) Bond by employee for not carrying business in competition of employer.
(7) Bond by employee for serving employer for specified period.
(8) Bond by an allottee of house built by the government.
(9) Guarantee for performance of contract.
(10) Form of Indemnity Bond for refund of sales Tax.
(11) Administration Bond under Section 34 of Guardians and Wards
Act, 1890.
(12) Administration Bond under Indian Succession Act.
(13) Bond by an employee for Fidelity Bond by a surety for official receiver.

(14) Fidelity Bond by a surety for an official receiver.

(15) Surety Bond by official receiver.
(16) Another form of Security Bond by official receiver.
(17) Security Bond in respect of Succession Certificate.
(18) Bond to preserve trade secrets.
(19) Indemnity Bond executed by vendor in favour of purchaser.
(20) Indemnity Bond in favour of tenant in case of disputed title of landlord.
(21) Bond (Ordinary Form).
(22) Bond (Insurance Co.)
(23) Inventory.
(24) Account.
(25) Caveat.
(26) Notice of a Caveat.

1. General.A bond is an obligation in writing executor whereby undertakes to pay certain

sum of money to another person. The executor is called the obligor and the person to whom he
is bound by the contract is called the obligee. Such amount is not payable to the order of the
obligee or bearer of the bond. Bond has been defined under Section 2(5) of the Stamp Act, 1899
to include :
(a)

any instrument whereby a person obliges himself to pay money to another on

condition that the obligation shall be void if a specified act is performed or is not
performed, as the case may be;

(b)

any instrument attested by a witness and not payable to order or bearer whereby a
person obliges himself to pay money to another; and

(c)

any instrument so attested whereby a person obliges himself to deliver grain or

other agricultural produce to another.

Thus the definition of the term bond is inclusive and not exhaustive.
Categories of Bond.There are two categories of bond in India namely (i) Simple Bonds
and (ii) Conditional Bonds. A simple bond is one where the obligor promises to pay a certain
sum with interest thereon at a specific rate or to deliver grain or any other agricultural produce
with interest thereon, usually in kind. Normally in villages needy persons, instead of borrowing
money, borrow foodgrains for own consumption and some times for using as seed. Generally
such foodgrains are returned to the lender after harvesting season and the borrower returns
the grains in excess of certain percentage than that he had actually received. Thus the interest
on borrowed grain is paid in kind. The lender purchases non-judicial stamp papers and a bond
is executed by the debtor specifying the quantity of grain borrowed and promising the quantity
of grain to be returned. Such bonds are generally written by petition writers and is attested by
witnesses. In certain rural areas, the debtor undertakes to return double the quantity of the
grain in the bond but on payment of 50% of such grain the bond becomes void. For instance A
borrows from B 1 quintal of wheat on 1.5.2000. He agrees to return 1 quintal 25 kgs of wheat
by 1.5.2001 but he promises to return 2 quintals 50 kgs of wheat in the bond and on return of
1 Quintal 25 kgs of wheat the bond becomes void.
Another category of bond is called conditional bond which stipulates that the obligation
undertaken in the bond is to be performed on happening or non-happening of certain events or

on fulfilling of certain conditions. A conditional bond often contains explanatory recitals but
the conditions are not controlled by such recitals.
Following categories of documents have been described as bond in the Indian Stamps Act :
(1)

Administration Bond (Article 2)

(2)

Bond (Article 15)

(3)

Bottomry Bond (Article 16)

(4)

Custom Bond (Article 26)

(5)

Indemnity Bond (Article 34)

(6)

Respondentia Bond (Article 56) and

(7) Security Bond (Article 57)

Administrative Bond.An administration bond is executed under Section 291 of the
Indian Succession Act in respect of administering the estate of the deceased. The executor is
the person to whom the letters of administration are granted by the Court of competent
jurisdiction and such bond is executed with one or more surety/sureties. The bond aims at due
and proper administration of the estate of the deceased and protection of interests of the
beneficiaries of the estate.
Indemnity Bond.Contract of indemnity is a contract between the parties whereby the
party indemnifying the other promises to save him from loss caused to him by the conduct of
the promiser himself or by the conduct of any other person.
Bottomry Bond.Bottomry bonds are contract between owner of a ship and lender of
money. The owner or the master borrows the money for unforeseen necessity or case of distress
to enable him to get the ship repaired. Such borrowing is made against pledge of the keel or
bottom of the ship pars pro tota for repayment. The bottomry bond has been described under
the Indian Stamp Act as an instrument whereby the master of a sea-going ship borrows money
on the security of the ship to enable him to preserve the ship or prosecute her voyage.
Respondentia Bond.Under the Indian Stamp Act respondentia bond has been described
as an instrument securing loan on the cargo laden or to be laden on board a ship and making
repayment contingent on the arrival of the cargo at the port of destination.
Security Bond.A security bond is executed by way of security for due execution of an
office or to account for money or other property received or by a surety to secure the due
performance of a contract or by a surety to secure due discharge of liability. A security bond is
required to be executed by a person or assessee when the authorities under a fiscal statute or
Courts grant stay of realisation of outstanding amount of tax and such bond is furnished to
safeguard the interest of the revenue. The assessee or any person who has been granted a stay
order is directed by the authority or the Court granting the stay order to furnish security to the
satisfaction of the assessing authority in respect of the stayed amount within a given period.
Failure to furnish such security bond results in automatic vacation of the stay order.
Various forms are prescribed under the Central Sales Tax Act, 1956 and the State Sales Tax
laws whereby the dealer gets benefit of concession or exemption of tax on goods purchased or
sold by him. To ensure proper use of such forms and to safeguard the interest of revenue the
authorities under the Act can ask the dealer to furnish security bond. Also such security bond
is demanded by the authorities while granting registration to dealers under the Central and
State Sales Tax laws. Under the Income Tax Act, 1961 the Income Tax Appellate Tribunal

entertains the application for stay of recovery of demand of tax, interest, penalty etc. and while
doing so it may demand proper security of the stayed amount.
Execution and attestation of the bond.The bond must be signed by the executor. If it
runs in several pages, the executor must sign on each page of the bond. Two witnesses must
sign the bond in whose presence the executor of the bond has signed it. A bond is not required
to be registered but if by itself creates an interest in an immovable property, exceeding the
value of Rs. 100.00 it should be got registered.
2. Model Forms :.
(1) Simple Money Bond.
I G.K. Sharma s/o D.D. Sharma r/o 3, M.G. Marg, Varanasi, do hereby acknowledgement
the receipt of Rs. 60,000/- from A.K. Shukla s/o A.N. Shukla r/o 3, Dilkusha, Lucknow, having
borrowed from him today.
I promise to pay the said amount with an interest @ 18% per annum to him or his
successors or assigns on demand.
Signature of the borrower
Signature of witnesses
Date 26.4.2001
PlaceAllahabad
(2) Bond with surety.
Whereas I, K.C. Jaiswal s/o J.D. Jaiswal r/o Sirsa, Allahabad have borrowed a sum of Rs.
1,50,000.00 from Shri P.C. Gupta s/o G.D. Gupta r/o Bharat Ganj, Allahabad.
And whereas I have requested K.N. Shukla s/o D.D. Shukla r/o 3, Civil Lines, Allahabad to
stand surety for me for the repayment of loan who has accepted the request and has agreed to
become a surety.
Now, this bond witnesses as under :
1. That I, K.C. Jaiswal aforesaid do hereby acknowledge my indebtedness to the said
P.C. Gupta in the sum of Rs. 1,50,000/- borrowed from him today.
2. I hereby promise to repay on demand to said Shri P.C. Gupta or his successors or
assigns along with an interest @ 18% per annum with quarterly rests.
Dated, Place
Signature of Borrower
In consideration of the advance of a sum of Rs. 1,50,000/- by said P.C. Gupta to the said
K.C. Jaiswal, I, K.N. Shukla do hereby stand as a surety for the repayment of the above noted
loan with an interest @ 18% per annum in case the said K.C. Jaiswal fails to pay the amount
along with an interest to the lender or his successors or assigns on demand.
That I shall not have any objection in paying the said dues as a surety and it shall not be
necessary that the borrowed money either partly or wholly is not repaid to the landlord on his
demand by the borrower.
Signature of witnesses
Date.................
Place.................

Signature of the Surety

(3) Surety Bond to secure repayment of loan.
This bond is being executed between A.B. Shukla s/o C.D. Shukla hereinafter described as
obliger, residing at Mall, Kanpur and G.K. Shukla s/o T.P. Shukla hereinafter described as
surety residing at 3, Harsh Nagar, Kanpur.
Whereas the said Shri A.B. Shukla has requested to Seema Finance Company, 113 Naveen
Market, Kanpur hereinafter described as company, to lend and advance him a sum of Rs. 5 lacs
and the said company has agreed to lend and advance to said Shri A.B. Shukla, the sum of Rs.
5 lacs on furnishing a surety bond.
And whereas the said A.B. Shukla has requested the above named J.K. Shukla to stand as
a surety for the repayment of the above noted loan.
Now this deed witnesses as under :
1. That the Company shall advance the agreed amount of loan to the borrower. It may
be mentioned that the borrower has already taken a loan about a year back from
the above noted company amounting to Rs. 2 lacs which has not been repaid to the
lending company.
2. That the lending company has put a condition for advancing the loan to the
borrower that the loan being advanced along with the earlier loan should be secured
and for that purpose a Surety should be provided.
3. That in response to the Companys demand and in compliance to its condition the
said G.K. Shukla has agreed to stand as a Surety for the present loan as well as for
the loan advanced earlier.
4. That in case the borrower fails to repay the loan to the lending company or
otherwise due to any reason company does not get back the advanced amount from
the borrower surety shall, on demand made by the lending company, repay all its
dues concerning both the amount of loans along with interest due thereon.
In witness whereof the parties hereto have signed this deed on the 6th day of April, 2001 at
Kanpur in presence of the following witnesses.
Witnesses
1. .................
2. .................
Signature of obliger.......................
Signature of the Surety.................
(4) Surety Bond (another form).
Whereas I, C. Bhushan s/o R. Bhushan, r/o Naini, Allahabad indebted to B. Mishra, s/o G.
Mishra, Meerapur, Allahabad in sum of Rs. 25,000/- payable with an interest @ 15% per
annum and whereas said B. Mishra is now willing to file a suit for recovery of the said amount
from the said debtor unless the said C. Bhushan, executes a bond and thereby guarantees
regular payment of instalments as detailed hereunder providing.
And whereas on my request Shri Rajesh s/o Shri Vipin Kumar, r/o Krishna Nagar,
Allahabad has agreed to stand surety for the due fulfilment of terms and conditions of this
bond. Now I, A. Bhushan do hereby agree and bind myself to repay the amount of Rs. 25,000/-

with an interest @ 15% in instalments of Rs. 2,500/- per month payable on or before 7th day of
each month until the entire amount due against me is paid.
1.

That in the event of non-payment of the aforementioned amount due from me the
said Rajesh Kumar has agreed to stand surety and on demand from said B. Mishra
the surety shall pay all the dues standing against me in lumpsum to said A.
Bhushan.

2.

That so far I continue to pay the instalments regularly within the time stipulated
hereunder, the surety shall not be under obligation to make any payment to the
lender.

In witnesses whereof the said parties have signed this bond in presence of the witnesses
mentioned below on the place, date given hereunder.
Signature of the parties :

Debtor
Guarantor
Creditor

Witnesses
1. .................
2. .................
(5) Indemnity Bond in favour of Bank.
Indemnity with Surety in favour of Bank on the
Death of an Account Holder
This bond is executed by P. Nath s/o K. Nath, r/o Civil Lines, Faizabad, hereinafter called
the principal obligant and S. Kumar s/o K. Kumar, r/o 3, Varuna, Varanasi hereinafter called
the Surety.
Which expressions shall include the heirs, executors, successors, administrators and the
representatives of the respective parties.
Whereas Miss Savitri D/o Mr. Karunakar Jaiswal, r/o 11, Gaughat, Allahabad had a saving
Bank Account in the Indian Overseas Bank. Vide S.B. Account No. 9087 and said Miss Savitri
expired on 10.2.2001 at Allahabad.
And whereas one Miss Chandra claims the proceeds of said S/B account as her successors.
And whereas the deceased has died intestate.
And whereas the said Indian Overseas Bank has agreed to pay the proceeds of the said S/B
account to said Miss Chandra aggregating to Rs. 64,000/- on execution of an indemnity bond.
Now this bond is executed between the parties witnesses as under :
1. That the Indian Overseas Bank shall pay the outstanding amount at the credit of
the deceased to the claimant Miss Chandra on execution of this bond.
2. The Principal Obligant hereby binds himself to the Indian Overseas Bank for a sum
of Rs. 64,000/- in case any other person lawfully claims the said amount of Rs.
64,000/- standing to credit of the deceased and now being paid to the obligant
pursuant to this bond.
3. That likewise the surety under this bond also binds himself in the similar fashion as
has been done by the Principal Obligant. But surety shall be asked to perform under
this bond only when the principal obligant fails to discharge her obligation.

4. That in case of any loss damage on account of said Miss Chandra not being lawful
claimant, the Principal Obligant and Surety hereby also bind themselves to
compensate the bank of such loss or damage or costs along with an interest @ 12%
per annum.
5. That for that purpose the Principal Obligant and the Surety aforementioned do
hereby indemnify the Bank, its officers and agent in all respects in relation to
payment made to Miss Chandra by the said bank.
In witnesses whereof the said Principal Obligant and the Surety have signed this Indemnity
Bond on the date and at place given herein below in presence of the following witnesses.
Signature of the parties
Dated 22.4.2001
PlaceAllahabad
Signature of witnesses
Name and Address
(6) Bond by employee for not carrying business in competition of employer.
This bond is made on the 26th day of March, 2001 between R.K. Agencies, 36 Chowk,
Allahabad hereinafter called employer and B.D. Gupta s/o J.D. Gupta, r/o Gopiganj, Varanasi
hereinafter described as employee.
Whereas the said employer is carrying on business and has been appointed Distributor of
consumer products by M/s. Hindustan Lever Limited for the city of Allahabad.
And whereas the said employee has agreed to serve the employer and the employer has
agreed to engage the employee in employment in the capacity of Manager on express
undertaking by the employee that while in serviced he shall not carry on business similar to
that of employer and he has also agreed not to carry on similar business like that of employer,
after retirement or removal from service for a period of one year.
Now, this bond witnesses as under :
1. That the employee shall not carry on business akin to that of the employer during
his employment within an area of 20 kms from the principal place of business of the
employer.
2. That after retirement from service or from removal of service by the employer, the
employee undertakes not to carry on business as stated earlier for a period of one
year in the vicinity of the principal place of business of employer within a radius of
20 kms.
3. That on breach of any of stipulation or provisions of this agreement the employee
shall be liable to compensate the employer by an amount of Rs. 200/- per day
during the period in which the default continues.
In witnesses whereof the employer and employee have signed the deed in presence of the
witnesses given herein below.
Signature of Employee
Signature of witnesses
Signature of employer
(7) Bond by employee for serving employer for specified period.
Letter of Guarantee

No. 3001/B-3/G-13/2001

Dated 22.04.2001

To,
Seema Finance
Civil Lines
Allahabad
Dear Sirs,
In consideration of your having agreed on our request to obtain a loan of Rs. 2,00,000/bearing an interest @ 16% per annum from Punjab National Bank, Civil Lines, Allahabad for
the sole benefit of Chandra Dev Pandey, s/o Mohan Pande, r/o 7, Daraganj, Allahabad for the
purpose of satisfying the decree passed against him and certain obligations incurred by him.
1. That a said amount of Rs. 2,00,000/- shall bear an interest @ 16% and the
repayment of the said loan has to be secured by a mortgage to be executed by
Chandra Dev in your favour. Whereas the undersigned K.N. Kumar s/o R.N. Kumar
and B.K. Arora s/o G.D. Arora both r/o 36, Preetam Nagar, Allahabad, hereby
guarantee to you the payment by Chandra Dev Pandey of the said amount of Rs.
2,00,000/-.
2. That this guarantee shall be continued and our aggregate liability shall not exceed
to Rs. 2,00,000/- in any circum- stances and the liability of the each of us shall not
exceed Rs. 1,00,000/- in respect of the above mentioned loan.
3. That within the aforesaid loan, the liability the guarantors shall stand to the whole
amount of debt of course after deduction of all such amounts as have been realised
from the said Shri Chandra Dev Pandey from time to time.
4. And after working out the balance remaining unpaid by said Shri Chandra Dev
Pandey we the guarantors do hereby guarantee for the repayment of the same to you
on demand.
5. You shall be at liberty to grant time to said Chandra Dev Pandey for making
repayment of the money and also to accept the payment in instalments either in
cash or by means of bank draft or Cheque.
Signature of Guarantors
Date, Place and Witnesses
(8) Bond by an allottee of house built by the government.
Whereas the State Government of U.P. has constructed houses in Rajaji Puram locality in
the city of Lucknow and whereas the Government has on the request of B.D. Singh, s/o S.N.
Singh, r/o Phulpur, Allahabad has allotted one house in the said locality bearing municipal No.
632 Rajaji Puram, Lucknow. Particulars whereof have been mentioned in Schedule-A hereto.
Whereas the said State Government of Uttar Pradesh has put conditions for the allotment
that allottee along with a respectable surety shall execute a bond for performance of the
contract and discharge of obligations and conditions of allotment.
And whereas the said allottee has agreed to accept all the terms and conditions of the
allotment.
And whereas Man Singh s/o Shravan Singh of the Kundanpur, Allahabad on the request of
allottee has agreed to stand surety for to fulfil the conditions of allotment.
Now this bond is executed on 10th day of April, 2001 by the allottee and the Surety in
favour of the State Government of U.P. through the District Magistrate of Allahabad, who has

been appointed for this purpose by the Government. If allottee failed to fulfil the terms and
conditions of the allotment provided in the attached Schedule-B, the surety shall be
responsible to discharge his obligations and to make payment of the instalments and other
demands in respect of the allotment of the said house. This bond shall become null and void
after payment of all dues by the allottee to the State Government relating to the allotment.
1. Signature of Allottee
2. Signature of the Surety
3. For on behalf of Govt. of U.P. District, Magistrate of Allahabad
Schedule-A (Area 200 sq.m.)
One storeyed building with 3 rooms, one kitchen, one bath, varandah on two sides bounded
by
In North house No. 681
In East house No. 631
In South Road
In West house No. 633
(9) Guarantee for performance of contract.
This deed of guarantee made on this 17th day of April, 2001 between Gurubaksh Singh s/o
Anand Singh r/o Civil LInes, Allahabad hereinafter called a Guarantor and Purshottam Dass,
s/o Ram Dass r/o 371 Mumford- ganj, Allahabad hereinafter called the principal, and B.L.
Mishra s/o C.L. Mishra r/o Baghora, Allahabad, hereinafter described as contractor which
expressions shall include the heirs, executors, administrators and assignees of the respective
parties.
Whereas the principal intended to construct a guest house and whereas the contractor
agreed to carry on the construction work and on demand being made by the Principal, the
contractor has agreed to furnish a guarantee of performance in favour of the Principal. Now
this deed witnesses as under :
1. That the contractor has been awarded the work of construction of a guest house
details whereof have been given in Schedule-A annexed hereto.
2. That the contractor has offered a guarantee for performance of the contract and for
that end in view he requested A.C. Jaiswal s/o J.C. Jaiswal, r/o Civil Lines,
Allahabad to stand as Guarantor and who has agreed to stand guarantor.
3. That the time has been taken as essence of contract and in case of failure on the
part of the contractor in getting the allotted work constructed according to the plan
and within the stipulated period, the guarantor shall be liable to make up the loss of
the Principal which shall be determined by A.C. Srivastava, (Retired) Executive
Engineer, PWD, Allahabad.
4. In witness whereof the parties hereto have signed this deed of guarantee for
performance of the contract on the date aforementioned in presence of the witness
undersigned.
Signature of the parties
Witnesses :
Signature, Name and Address

(10) Form of Indemnity Bond for refund of sales Tax.

Know all men by these presents that we................. son of................. resident of.................
(hereinafter called the obligor which expression shall unless excluded by or repugnant to the
context include his/her heirs, executors, administrator and legal representatives) and
(1)......................... son of................. resident of................. and (2)................. son of..............
resident of................. sureties on behalf of the Obligor (hereinafter called the sureties which
expression shall unless excluded by or repugnant to the context include their heirs, executors,
administrators and legal representatives) bind ourselves jointly and severally to pay to the
governor of Uttar Pradesh (hereinafter called the Government which expression shall unless
excluded by or repugnant to the context include his successors in office and assigns) on
demand and without demur the sum of Rs........... (Rupees.................only) for which payment
will and truly to be made we bind ourselves firmly by these presents.
Signed this.................day of.................one thousand nine hundred corresponding to Saka
Samvat the day of.................
Whereas Rule 108 of the Uttar Pradesh Trade Tax Rules, 1948 as amended from time to
time requires that if at any time after the refund is granted to the purchaser the assessing
authority is satisfied that the refund was not due or, as the case may be, such amount became
not refundable due to any judicial pronouncement, change of law or for any other reason, such
purchaser shall on demand deposit the amount refunded to him/her or any part thereof, as
may not have been found refundable to him/her, with the Government.
And whereas the obligor herein as a purchaser who has obtained the refund.
Now, the condition of the above written bond or obligation is such that the obligor and/or
the sureties shall in the event of the amount becoming not refundable (in respect of which the
decision of the Government or the authority appointed by it for the purpose shall be final and
binding on the Obligor and the sureties) pay to the Government on demand and without demur
the said sum of Rs.................. (Rupees.......... only (in words).
And these presents also witness that the liability of the Obligor and the sureties hereinafter
shall not be impaired or discharged by reason of any forbearance act or omission of the
government or for any time being granted or indulgent shown by the Government or by reason
of any charge in the Constitution of the Obligor (in cases where the obligor is not an
individual).
AND, it is hereby agreed and declared that without prejudice to any other remedy the
Government may on a certificate of the................. which shall be final, conclusive and binding
on the Obligor and the sureties recover all dues hereunder from the Obligor and/or the sureties
jointly or severally as arrears of land revenue.
In witness whereof the Obligor and the sureties have herein to set their respective hands
have caused there presents to be executed by his/her/ their authorised representatives, on the
date, month and year above written.
Signed by the above named Obligor................. in the presence of
1. .................
2. .................
(Name and Full Address of the witnesses)
Signed by the above named surety/sureties

In the presence of
(1) .................
(2) .................

(1) .................
(2) .................

(Name and full address of witnesses)

Accepted for and on behalf of the Governor of Uttar Pradesh by........... (name and
designation of the Officer duly authorised in pursuance of Article 299 (1) of the Constitution, to
accept the bond for and on behalf of the Government of Uttar Pradesh).
In presence of
(1) .................
(2) .................
Signature
Name and designation of the Officer
(Name with full address)
(11) Administration Bond under Section 34 of Guardians and Wards Act, 1890.
Know all men by these presents, I Brahmanand Shukla s/o Ramanand Shukla r/o 139,
Menon Road, Allahabad herein after described as guardian and held and bound to the District
Judge Allahabad in the sum of Rs. 50,000/- of lawful and good money to be paid to the said
District Judge or to his successors in office and we Ramchandra s/o Ghan Shyam Das of
Kundanpur, Allahabad and Shyamji Dubey s/o Purshottam Das Dubey of Nainali Nagar,
Allahabad hereinafter described as sureties also jointly and severally are held and firmly bound
to the said District Judge in the sum of Rs. 50,000/- and further we the guardian and sureties
further bind jointly and severally our heirs, executors and administrators and the assigns as
well.
Whereas by an order dated 3.3.2001 of the District Judge, Allahabad passed under the
Guardians and Wards Act the above noted Brahmanand Shukla has been appointed
certificated guardian of the property of Indra Kumar Jaiswal minor s/o Kundanlal Jaiswal
subject to furnishing surety to the satisfaction of the said District Judge.
And whereas names of the abovenoted sureties have been approved by the said Court.
Now this bond is executed by the guardian and the sureties to witness the following :
1. That the guardian shall justly and truly account for all the property assets of the
said minor and shall produce such account before the Court whenever called for.
2. That the guardian shall comply with and act in accordance with the direction of the
Court and conduct himself properly.
3. That in no case the guardian shall act against the interest of the minor.
4. That the sureties shall be jointly and severally liable for any loss or damage caused
to the assets and properties of the minor by any act or omission by the guardian or
any negligence on his part.
Signed, sealed and delivered on 26th day of April, 2001
Signature of the guardian
Signature of Surety
Signature of the Surety
(12) Administration Bond under Indian Succession Act.

Know all men by these presents we Shyam Sunder Das s/o Manohar Lal r/o 36, Shastri
Marg, Allahabad herein described as the administrator and Chandrama Prasad s/o Surya
Pratap r/o Mahananda, Allahabad hereinafter described as surety are held and firmly bound
jointly and severally to the District Judge, Allahabad in the sum of Rs. 3,60,000/- of lawful
good money to be paid to the said judge or his successor in office.
Whereas by an order of the District Judge Allahabad made on the 2nd day of March, 2001
under Section 290 of the Indian Succession Act in the matter of the estate of the deceased
Kumar Mangalam the above- noted Shyam Sundar Das has been appointed administrator of
the estate of the said deceased.
And whereas the said order also required furnishing of a surety by the administrator and at
the request of the administrator said Chandrama Prasad has agreed to stand surety for the
administrator and name of such surety having been approved by the said Court.
Now this bond is executed by the aforementioned parties to witness the following :
1. That administrator shall, within six months of from the date of grant of letters of
administration of the estate of the deceased, or within such further period as is
extended by the Court make and cause to be made a full and true inventory
consisting of full and real estimate of all the property, assets and credits of the
estate which have came to his hands, possession or knowledge in course of the
administration and also all the debts payable by the estate and exhibit in the Court.
2. That the administrator shall within one year from the date of grant of the letters of
administration or within such further time as is extended by the Court, shall exhibit
an account of the estate of the deceased showing the assets coming to his hands
and the manner in which such assets have been applied, appropriated and disposed
of.
3. That the administrator shall truly administer the assets and properties of the
deceased in accordance with the law.
Signed, sealed and delivered by
Signature of the administrator
Signature of the Surety
(13) Bond by an employee for Fidelity Bond by a surety for official receiver.
Know all men by these presents that we, Kunwar Bahadur Saxena s/o Shri Mahendra
Pratap Saxena r/o Mughal Road Shahjahanpur hereinafter described as employee and Mata
Bux Mishra s/o Deen Dayal Mishra r/o Khudaganj, Shahjahanpur hereinafter described as the
surety are hereby held and bound into M/s. Premier Distributors 39, Ram Bagh, Allahabad
hereinafter described as employer in a sum of Rs. 25,000 to be paid to the said employer or
their successors or assigns.
Whereas the employee has given job of manager to the employee to manage the cold storage
owned by the employer and run in the name and style of Oriental Cold Storage at Allahabad
Pratapgarh Road in the village of Shankarpur on a monthly salary of Rs. 18,000/- per month
inclusive of allowances.
And whereas the employer has on its own cost arranged for suitable training and theoritical
knowledge of managing and supervising a cold storage to the employee and whereas the
employee has undertaken to serve the employer for atleast a period of 5 years and on which
undertaking the employer has employed the employee to go for a practical training for a period

of three months before actually taking over charge of the office of the manager of the cold
storage.
And whereas the employer shall be paid his salary including allowances from the date when
he joins his practical training.
And whereas the employee has also accepted the condition of the employer to furnish surety
for the performance of the terms and conditions of the agreement entered hereby.
Now this bond executed by the parties aforementioned witnesses as under :
1.

That the employee shall duly and faithfully perform and discharge all the duties of
his office diligently in the best interest of the employer.

2.

That the employee shall indemnify the employer against all the losses damages,
costs and expenses which result by reason of any act or omission, default or
misconduct of the employee.

3.

That the employee shall serve for a term of five years from the date of joining of his
practical training under the employer. In case the employee resigns from his office
or otherwise leaves the employer in any manner other than removal by the
employer, the employee shall pay to the employer a sum of Rs. 25,000/-.

4.

That where the employee fails to discharge his obligations under this bond, the
surety shall pay to the employee the said sum of Rs. 25,000/-.

This bond is therefore executed between the parties on this 30th day of April, 2001 at
Allahabad in presence of the witnesses undermentioned.
Signature of the witnesses
Signature of the parties
(14) Fidelity Bond by a surety for an official receiver.
(Prescribed by the Punjab High Court)
Amount of guarantee Rs..................
Annual premium Rs.................
Know all men by these presents, that the ............. and................. are held and firmly bond
unto the Governor of the Punjab, his successors-in- office and assigns hereinafter called
(Government), in the sum of............... rupees (hereinafter called the amount guaranteed) to
be paid to the Government for which payment to be well and faithfully made the said company,
for itself and its successors, do hereby bind themselves firmly by these presents.
Sealed with the seal of the said company (or signed by an authorised agent)
Dated................... day of........................... in the year of our Lord one thousand.................
hundred and................. Whereas the said................. (hereinafter called the said employed)
hath been appointed official receiver for the district of............... and having been required to
enter into a bond for the due and faithful discharge of his duties while he shall be employed in
the said office, and also to find a surety who shall enter into another bond for the sum
of................. rupees the said company at the request of the said employed, hath agreed to
become such surety for him, in respect of such due and faithful discharge of his duties while he
shall be employed in the said office as aforesaid, or in any office attached or incident to the
same (hereinafter described as the said office), (and as well in respect of the present duties of
his said office, as of any new or altered duties which may be imposed or attached to the said
office or the said employed as such officer, by any law, rule, regulation, practice or otherwise)

for the period of twelve calendar months from the day of............ 2001 in consideration of the
said employed having paid to the said company the amount set out in figures at the head of
these presents and there designated annual premium, prior to the execution of the above
written bond and the said company hath agreed to become such surety as aforesaid for the
further period of twelve calendar months, and so on from year to year at the option of the said
company, upon receiving from the said employed the said annual premium, to be paid by him
to the said company on or before the................. day of................. in each year prior to the
determination of the present or the then current year, but the said company is to be at liberty
to determine its further liability at the end of the present or any current year, by giving notice
in writing to district Judge of........................................................ district for the time being as
herein determentioned, and if at any time notice in writing shall be given as hereinafter
mentioned to the said company at their office in London that any loss or damage whatever has
been occasioned by the acts or defaults of the said employed in respect of his said employment,
the liability of the said company to any future loss or damage shall then also cease as from the
date of the service of such notice, and the year during which the said company hath show
agreed, or shall by acceptance of the said premium in future agree, to become such surety,
shall be called the year of guarantee, and shall commence on the.......................... day
of.................. in each year independently of the time when the said premium shall be paid, and
the liability of the said company shall extend to all acts and defaults of the employed during
that year, or until an end shall be put further liability by such notice in writing declaring loss
or damages as aforesaid.
Now the condition of the above-written bond or obligation is such that if the said employed
shall and do during the said period of twelve calendar months from the said................. day
of................. 2001 and during such other period as the said company shall become or
continue to be such surety as aforesaid by acceptance of the said renewal premium, or until
notice of some loss or damage shall be given, as hereinafter mentioned, from time to time and
at all times during the continuance of his said office, well and sufficiently perform and execute
all and singular the duties of his said office, or of or belonging to him as such officer, or
belonging to or in any way imposed upon him by reason of his being such officer, and conduct
himself with fidelity, integrity and punctuality in and concerning the matters and things which
shall be entrusted to him as such officer or in respect of such duties as aforesaid and do and
shall well and truly pay and apply all property including cash, coin, currency notes, stock
notes, cheques, postal money-orders, hundis, promissory notes, bills of exchange, securities,
scrip, shares, bullion, jewellery, precious stones, crops, cattle, documents, records, accounts,
vouchers, book papers and all other property whatsoever both movable and immovable as shall
from time to time come to his hands by virtue of such office or duties as aforesaid, or to the
hands of his deputies, assistants, or other persons acting under his authority or on his behalf
or any of them respectively, and do and shall also well and truly pay all sums of money which
he shall or may become liable to pay for any neglect or misbehaviour in his said office, or in
respect of his said duties, and do and shall at all times when duly required produce and render
true and correct accounts of the receipt, payment and application of all such property as
aforesaid, as shall so come to the hands of him the said employed as aforesaid or to the hands
of his assistants or other persons acting under his authority or on his behalf, with proper and
sufficient vouchers for the due application thereof, and shall not in any wise take to his own
use, misapply, lend or embezzle make away with, neglect to account for lose or hazard any
property whatsoever as aforesaid or any part thereof, and do and shall at the expiration or
other termination of his said office or duties deliver up to the person duly authorised to receive

the same all books, papers, documents and accounts relating to his said office or duties and do
and shall pay and deliver to the person or persons duly authorised to receive the same the
balance (if any) of any such property as aforesaid remaining in the hands of and due from him
the said employee and shall not at any time quit or neglect the performance of his said duties
or resign his said office without giving................. months notice in writing to the District
Judge of, for the time being, or if, upon any certificate being given under the hand of the
District Judge of................., for the time being, certifying and declaring the amount of any loss
or damage occasioned by the acts or defaults of the said employed subsequent to the
said................. day of................. 2001 in respect of such employment, the said employed, his
heirs, executors or administrators or the said company, or their successors do and shall pay
and make good to the Government the sum stated in such certificate as the amount of such
loss or damage, then the above- written bond or obligation shall, subject as hereinafter
mentioned, be void, or else be and remain in full force and virtue.
Provided always that first, if any such certificate of loss or damage shall be given as
aforesaid; or secondly, if the said employed shall omit to pay the said company on or before
the................. day of................. in any year of guarantee the annual premium aforesaid, and
the said company shall give notice in writing of such default to the District Judge aforesaid for
the time being one calendar month prior to the termination of then current year of guarantee,
unless the said employed shall cause the said annual premium to be paid to the said company
before the expiration of the then current year of guarantee; thirdly, if the said company shall
give notice in writing to the said District Judge aforesaid for the time being one calendar month
previous to the termination of any year of guarantee that they will not continue their suretyship
beyond the then current year of guarantee; or, fourthly, if the said company shall refuse to
renew the said suretyship by declining to accept the said premium from the said employed and
thereof shall give notice to the said District Judge aforesaid for the time being one calendar
month previous to the termination of the then current year of guarantee, then in the first case
from and immediately after the giving of such certificate, and in the second, third and fourth
cases from and immediately after the expiration of the then current year of guarantee, all
further liability of the said company as such surety as aforesaid shall cease, save and except as
to the right of the Government to indemnify from loss or damage arising from all or any acts or
defaults of the said employed previously committed in relation to such employment as
aforesaid.
Provided always and it is hereby agreed and declared, that this bond is entered into by the
said company on the condition, that the capital, stock and funds for the time being of the said
company, other than the Life Assurance Funds, shall alone be liable to answer and make good
all claims or demands in respect of this bond, and that no director or other proprietor or holder
of shares of the said company shall in any manner be personally liable or subject to any claims
or demands by reason of such bond beyond his or her particular share or shares of such
capital, stock and funds.
In witness whereof the said................. hath hereunto set his hand and seal and
the................. have hereunto caused their commonseal or the signature of their authorised
agent to be affixed, the day and year first above-written.
Signed, sealed and delivered by the said................. in the presence of.................
(15) Surety Bond by official receiver.
(Prescribed by the Punjab High Court)

Whereas I,................. son, of................. case................., resident of................. in the

district of Punjab, have been appointed to the office of the official receiver in the.................
district of the Punjab, upon the condition inter alia and I do furnish proper security in the sum
of Rs. 10,000/- (Rupees ten thousand only) for the due and faithful discharge of my duties
while employed in the said office or in any office attached or incident to the same (hereinafter
described as the said office) and for the due accounting for all property by me at any time held
or received by my said office.
Now therefore this security bond witnesseth as follows, that is to say
Clause I.In this security bond and for the purpose of each and all of the provisions
thereof the expression
(a)

Government means the Governor of the Punjab acting by and through

the.................

(b)

Official receiver means son of................., caste................., resident of.................

the................. district of in the Punjab at present holding the office of official
receiver in the district of the Punjab.

(c)

Property includes cash, coin, currency notes, stock notes, cheques, postal moneyorders, hundis, promissory notes, bills of exchange, Government and other
securities, security scrip, shares, bullion, jewellery, precious stones, crops, cattle,
documents, records, accounts, vouchers, books, papers and all other property
whatsoever both movable and immovable.

Clause II.The official receiver is held and firmly bound to Government in the sum of Rs.
10,000/- (Rupees ten thousand only) as security for the due and faithful discharge of the
duties of his said office, that is, he shall from time to time and at all times during the
continuance of his said office work and sufficiently perform and execute all and singular the
duties of his said office or of belonging to him as such officer or belonging to or in any way
imposed upon him by reason of his being such officer and conduct himself with fidelity,
integrity and punctuality in and concerning the matters and things which shall be entrusted to
him as such officer or in respect of such duties as aforesaid and do and shall also well and
truly pay and apply all property as shall from time to time come to his hands by virtue of such
office or duties as aforesaid or to the hands of his deputies, assistants, agents or other persons
acting under his authority or on his behalf or any of them respectively and do and shall also
well and truly pay and apply all property whatsoever which he shall be or may become liable to
pay or apply for any neglect or misbehaviour in his said office or in respect of his said duties
and do and shall at all times when duly required, produce and render true and correct
accounts of the receipts, payment and application of all property whatsoever as shall so come
to the hands of him the official receiver, as aforesaid or the hands of his assistants or other
persons acting under his authority or on his behalf with proper and sufficient vouchers for the
due application thereof and shall not in anywise take to his own use, lend or embezzle, make
away with, neglect to account for, lose or hazard any such property as aforesaid or any part
thereof and do and shall at the expiration or other termination of his said officer or duties
deliver up to the person duly authorised to receive the same, all books, papers, documents and
accounts relating to his said office or duties and do and shall pay and deliver to the person or
persons duly authorised to receive the same the balance (if any) of the property as aforesaid
remaining in the hands of and due from him the said official receiver.
Clause III.The official receiver has deposited the sum of rupees ten thousand in cash
and/or has deposited Government promissory notes of the face value of rupees................. in

the said district as a security deposit for the due and faithful performance of his duties as
official receiver and the due accounting by him of the property held by him as aforesaid.
Clause IV.All interest which may from time to time accrue due and become payable upon
the security deposit aforesaid shall be paid to the official receiver, but the principal amount of
the security deposit shall continue to be held and retained by the Government subject to each
and all of the terms and conditions of this security bond and until it shall be and become
payable to the official receiver according to all or any of the provisions of the said bond.
Clause V.This security bond shall be deemed to be and be a bond entered into under the
orders of the Government for the performance of the public duty within the meaning of Section
74 of the Indian Contract Act, 1872, and whole sum secured shall be liable to be realised and
forfeited to the Government in the event of any breach by the official receiver of all or any of the
terms or conditions thereof.
Clause VI.The Government or any officer having authority in this behalf under it shall,
subject to the provisions of Clauses VII and VIII hereinafter appearing hold and retain the
security (deposit) so long as the following conditions obtain, that is to say
(a)

The official receiver shall during his continuance in the office aforesaid faithfully,
diligently and honestly discharge all and singular his duties as laid down in Clause
II hereof and shall not at any time quit or neglect the performance of the said
duties or resign his said office without giving................. months notice in writing
to the District Judge for the time being of................. of his desire to resign the said
office.

(b)

The official receiver shall during the continuance of his said office indemnify and
save harmless the Government from and against all losses, costs, damages, and
expenses which shall or may at any time or times hereafter be sustained by
Government or any officer or Government from or through the neglect, failure
misconduct, disobedience, omission, or insolvency of the said official receiver or
any person serving under or employed by him or from or through the consuming,
wasting, embezzling, stealing misspending, losing, misapplying or otherwise
dishonestly or negligently or through oversight or violence making away or parting
with any property or parts thereof by any person or persons whomsoever, while the
official receiver shall continue to act in any such office.

Clause VII.In the event of any breach of or default in all or any of the conditions
hereinbefore in the preceding clause set forth and provided the Government may take and
forfeit to itself the whole amount of the security (deposit).
Provided that Government may, instead of taking and forfeiting to itself the whole amount of
the security (deposit), retain only so much thereof as it may, in its absolute discretion, deem
adequate to compensate, reimburse or indemnify it in respect of the loss or damage or
inconvenience sustained by reason of the breach or default committed and may refund any
balance to the official receiver but neither the official receiver nor his lawful heirs,
representatives or assigns shall have any right or claim to any such refund.
Clause VIII.In the event of the official receiver quitting or being relieved of the office of
official receiver or for any reason becoming incapable of further service in his said office, or
dying, the security (deposit) shall if there shall have been no breach or default in all or any of
the conditions hereinbefore in clause VI hereof set forth and provided, and if there shall be no
claim or demand outstanding against the official receiver in favour of Government, be refunded

and paid to the said official receiver or to his lawful heirs, legal representatives or assigns, as
the case may be :
Provided that the Government may, in its discretion retain the security (deposit) for a period
not exceeding six months after the date on which the official receiver quits the service of the
Government or becomes incapable of further service in the said office, or dies for the purposes
of ascertaining or satisfying itself that there has been no breach or default as aforesaid and
that no claim or demand is so outstanding.
Clause IX.The forfeiture or refund, as the case may be, of the security (deposit), shall not,
in any way affect, limit or extinguish any remedy or relief to which the Government may at any
time be lawfully entitled against the said official receiver in respect of anything done or omitted
to be done by him as official receiver, either before or after such forfeiture or refund and
nothing in this security bond contained shall be deemed to relieve the official receiver from any
suit, prosecution or proceeding to which he may be liable under any law for the time being in
force in respect of anything by him at any time done or omitted.
In witness whereof the said official receiver has hereunto subscribed his name
at................. on the................. day of 2001.
Signed by
1. .................
2. .................
(Name)
Official Designation.
(16) Another form of Security Bond by official receiver.
(Prescribed by the Punjab High Court)
Whereas I,.................., son of................. caste,................., resident of.................. in the
district of the Punjab have been appointed to the office of the official receiver in the.................
district of the Punjab upon the condition inter alia that I do furnish proper security in the sum
of Rs. 10,000 (Rupees ten thousand only) for the due and faithful discharge of my duties while
employed in the said office or in any office attached or incident to the same (hereinafter
described as the said office) and for the due accounting for all property by me at any time held
or received by virtue of my said office.
Now therefore, this security bond witnesseth as follows, that is to say :
Clause I.In this security bond and for the purposes of each and all of the provisions the
expression
(a)

Government means the Governor of the Punjab acting by and through the
District Judge of.................

(b)

Official Receiver means..................... son of....................., caste.................,

resident of................. in the................. district of the Punjab at present holding
the office of official receiver in the................. district of the Punjab.

(c)

Property includes cash, coin, currency notes, stock notes, cheques, postal moneyorders, hundis, promissory notes, bills of exchange, Government and other
securities, scrip, shares, bullion, jewellery, precious stones, crops, cattle,
documents, records, accounts, vouchers, books, papers and all other property
whatsoever both movable and immovable.

(d)

Security means the sum of money by this security bond secured and assured to
Government for the due and faithful discharge of his duties by the official receiver
and for the due accounting for all property by him at any time held or received by
virtue of his said office.

Clause II.The official receiver is held and firmly bound to Government in the sum of Rs.
10,000/- (Rupees ten thousand only) as security for the due and faithful discharge of the
duties of the said office, that is he, the official receiver, shall from time to time and at all times
during the continuance of his said office work and sufficiently perform and execute all and
singular the duties of his said office or belonging to him as such officer or belonging to or in
any way imposed upon him by reason of his being such officer and conduct himself with
fidelity, integrity and punctuality in and concerning the matters and things which shall be
entrusted to him as such officer or in respect of such duties as aforesaid and do and shall also
well and truly pay and apply all property as shall from time to time come to his hands by virtue
of such office or duties as aforesaid or to the hands of his deputies, assistants, agents or other
persons acting under his authority or on his behalf or any of them respectively and do and
shall also well and truly pay and apply all property whatsoever which he shall hold or become
liable to pay or apply for any neglect or misbehaviour in his said office or in respect of his said
duties and do and shall at all times when duly required, produce and render true and correct
accounts of the receipts, payment and application of all property whatsoever as shall so come
to the hands of him, the official receiver, as aforesaid, to the hands of his assistants or other
persons acting under his authority or on his behalf with proper and sufficient vouchers for the
due application thereof and shall not in anywise take to his own use, lend or embezzle, make
away with, neglect to account for, lose or hazard any such property as aforesaid, or any part
thereof and do and shall at the expiration or other termination of his said officer or duties
deliver up to the person duly 138 authorised to receive the same, all books, papers, documents
and accounts relating to his said office or duties and do and shall pay and deliver to the person
or persons duly authorised to receive the same the balance (if any) of the property as aforesaid
remaining in the hands of and due from him the said official receiver.
Clause III.The official receiver has executed and registered a deed of mortgage dated
the................. day of................. 20................. of the property in the said deed of mortgage set
forth and specified as security for the due and faithful performance of his duties as official
receiver and the due accounting by him of the property held by him as aforesaid.
Clause IV.This security bond shall be deemed to be and be a bond entered into under the
orders of the Government for the performance on a public duty within the meaning of Section
74 of the Indian Contract Act, 1872, and the whole security shall be liable to be forfeited to the
Government in the event of any breach by the official receiver of all or any of the terms or
conditions thereof.
Clause V.The Government or any officer having authority in this behalf under it shall,
subject to the provisions of Clauses VI and VII hereinafter appearing, hold and retain the
security so long as the following conditions obtain, that is to say
(a)

The official receiver shall during his continuance in the office aforesaid faithfully,
diligently and honestly discharge all and singular his duties as laid down in Clause
II hereof and shall not at any time quit or neglect the performance of the said
duties or resign his said office without giving................. months notice in writing
to the District Judge for the time being................. of his desire to resign the said
office.

(b)

The official receiver shall during the continuance of his said office indemnify and
save harmless the Government from and against all losses, costs, damages, and
expenses which shall or may at any time or times hereafter be sustained by
Government or any officer or Government from or through the neglect, failure
misconduct, disobedience, omission, or insolvency of the said official receiver or
any person serving under or employed by him or from or through the consuming,
wasting, embezzling, stealing misspending, losing, misapplying or otherwise
dishonestly or negligently or through over or violence making away or parting with
any property or sight part or parts thereof by any person or persons whomsoever,
while the official receiver shall continue to act in any such office.

Clause VI.In the event of any breach of or default in all or any of the conditions
hereinbefore in the preceding clause set forth and provided the Government may realise, take
and forfeit to itself the whole amount of the security :
Provided that Government may, instead of taking and forfeiting to itself the whole amount of
the security retain only so much thereof as it may, in its absolute discretion, deem adequate to
compensate, reimburse or indemnify it in respect of the loss or damage or inconvenience
sustained by reason of the breach or default committed and may refund any balance to the
official receiver but neither the official receiver nor his lawful heirs, representatives or assigns
shall have any right or claim to any such refund.
Clause VII.In the event of the official receiver quitting or being relieved of the office of
official receiver or for any reason becoming incapable of further service in his said office, or
dying, the security shall, if there shall have been no breach or default in all or any of the
conditions hereinbefore in clause V hereof set forth and provided, and if there shall be no claim
or demand outstanding against the official receiver in favour of Government, be reconveyed at
his or their cost and expense to the said official receiver or to his lawful heirs, legal
representatives or assigns, as the case may be :
Provided that the Government may, in its discretion, retain the security for a period not
exceeding six months after the date on which the official receiver quits the service of the
Government or becomes incapable of further service in the said office, or dies for the purpose
of ascertaining or satisfying itself that there has been no breach or default as aforesaid and
that no claim or demand is so outstanding.
Clause VIII.The forfeiture or re-conveyance, as the case may be, of the security deposits
shall not, in any way affect, limit or extinguish any remedy or relief to which the Government
may at any time be lawfully entitled against the said official receiver in respect of anything done
or omitted to be done by him as official receiver, either before or after such forfeiture or
reconveyance and nothing in this security bond contained, shall be deemed to relieve the
official receiver from any suit, prosecution or proceeding to which he may be liable under any
law for the time being in force in respect of anything by him at any time done or omitted.
In witness whereof the said official receiver has hereunto subscribed his name
at................. on the day of ................. 20.................
Signed by
1. .................
2. .................
(Name)
Official designation.

(17) Security Bond in respect of Succession Certificate.

Whereas by an order dated 23.4.2001 made in Case No. 396 of 1997 by the Court of the
District Judge, Allahabad a Succession Certificate in respect of the estate of Mahesh Narain
deceased s/o Raj Narain r/o 25, Harsh Nagar, Allahabad has been ordered to be issued to
Avinash Dayal s/o Deen Dayal r/o 33, Bai-ka-Bagh Allahabad hereinafter described as the
principal on condition of a bond with a surety for a sum of Rs. 1,25,000.00.
And whereas on request of the principal Suman Prakash Pandey s/o Ram Lakhan Pande
r/o Bahadurganj, Allahabad hereinafter described as the surety, has agreed to join the
principal in execution of the required bond as a surety.
Now this bond is executed by the principal and the surety to witness the following :
1. That the principal and the surety are jointly and severally held and firmly bound to
the District Judge, Allahabad in the sum of Rs. 1,25,000.00 of lawful and good
money to be paid to the said District Judge or his successors in office. The principal
and the surety also bind jointly and severally their heirs, executors, successors and
the assigns or legal representative by these presents.
2. That in case the principal does account for property and truly the debts and
securities in respect whereof the certificate has been granted, indemnify and keep
indemnified against all the claims brought by the lawful heirs of the deceased and
administer the properties and credits of the deceased in accordance with the law,
this bond shall be null and void.
3. That in case of failure by the principal to truly and properly account for the debts
and the securities of the deceased, to administer according to law the properties,
credits and assets, to deliver to persons lawfully entitled thereto and to conduct
himself properly in discharging the obligations under the Indian Succession Act,
1925, this bond shall remain in force.
4. That the surety shall be responsible for the loss or damage caused to the heirs of
the deceased in relation to the said succession certificate by any act or omission of
the principal.
Signed, sealed and delivered by the parties on the 26th day of April, 2001 at Allahabad
Signature of the parties
1. Principal.................
2. Surety....................
(18) Bond to preserve trade secrets.
Know all men by these presents that I Kailash Chandra Jaiswal s/o Guddu Jaiswal r/o
Saraspur, Allahabad hereinafter referred to as the obligor do hereby hold and bind myself to
Prem Chand Gupta s/o Chhangu Ram Gupta r/o Sarangapur, Allahabad hereinafter referred to
as the obligee which expression shall include the heirs, executors, successors and assigns of
the respective parties, in the sum of Rs. 40,000/- of lawful good money as agreed money to be
paid to the obligee if this bond is enforced in given conditions.
Whereas the obligee has invented a spraying machine applying new technic and has got it
patented and is marketing the same in the Trade name of Phuhar.
And where as the said obligee has agreed to impart training to the obligor for manufacture
of the said machine on condition that the secrets of the art and process of the manufacture
shall not be disclosed to any one and in case the same is disclosed and the obligee is put to

loss on account of disclosure such secrets, the obligor shall pay a sum of Rs. 40,000/- as
liquidated damages to the obligee.
Therefore this bond is executed to witness as under :
1. That the obligee has been imparting training to the obligor for manufacture of the
spraying machine known as Phuhar and shall continue to impart the training till
the obligor is fully trained and able to manufacture the spraying machine
independently.
2. That the art and technic of the process of manufacture is typical and the obligor has
agreed not to disclose the same to anyone.
3. That in case of breach of the agreement by the obligor, it has been agreed that the
obligor shall pay a sum of Rs. 40,000/- as liquidated damages to the obligee
immediately on demand.
Signed, sealed and delivered by the parties hereto before the under signed witnesses.
Signature of the parties.
1. Obligor.................
2. Obligee.................
(19) Indemnity Bond executed by vendor in favour of purchaser.
This deed of Indemnity made on this 22nd day of April, 2001 between Abhay Agarwal, s/o
Mohan Lal Agarwal, 22, Park Road, Allahabad, herein after described as Vendor and Ramesh
Chand Kesri, s/o Mahesh Narayan Kesri, r/o 63, Sheo Charan Road, Allahabad, hereinafter
described as Purchaser.
Whereas the bunglow situated at 36, Sarojini Naidu Road, Allahabad has been sold by the
Vendor to the Purchaser and a Sale-deed in respect thereof has been executed by the Vendor,
which has been duly registered with Sub-Registrar of Chail Tehsil at Allahabad.
And whereas it has been alleged by the Vendor that his title deed to property has been
misplaced or lost and is not available presently. It has been agreed between the parties that the
Vendor shall execute a deed of Indemnity.
Now this deed witnesses the following :
1. That the Vendor undertakes to search out the documents of title of the property sold
by him to the Purchaser and shall make the same available for his examination and
satisfaction.
2. That the Vendor indemnifies the Purchaser or his successors against all the actions,
claims, proceedings, costs, damages and expenses which may be brought against
the Purchaser by any person claiming any title or interest in respect of the property
in question.
3. That the Vendor further declares that the said property is encumbrance free and it
has not been subject matter of lease and sold to any party.
In witness whereof the parties hereto have signed this deed in presence of following
witnesses on date aforementioned at Allahabad.
(20) Indemnity Bond in favour of tenant in case of disputed title of landlord.
This deed of indemnity made on 30th day of April, 2001 between Bansh Bahadur Singh,
s/o Ram Raj Singh, r/o Clive Road, Allahabad hereinafter described as landlord and Dharam
Pal Singh, s/o Punjab Singh, r/o 33, Dayanand Marg, hereinafter described as the Tenant.

Whereas the tenant has entered into a lease agreement with the landlord and has taken on
lease house No. 36, situated at Dayanand Marg, Allahabad on a monthly rent of Rs. 5,600/-.
And whereas the title of the said house has been disputed by some person in a suit pending
before the District Judge of Allahabad.
And whereas the tenant has agreed to pay the said amount of rent in regard to the above
noted house on the dates due as per agreement and the landlord has also agreed to execute an
indemnity bond to protect the interest of the tenant in case the suit is decided against the
landlord.
Now this deed witnesses that in consideration of the premises. The landlord does hereby
undertake to repay to tenant the entire amount of rent paid by the tenant along with interest @
12% per annum in case the litigation finally ends against him.
In witness whereof the landlord has signed this indemnity bond on the date aforementioned
at Allahabad.
(21) Bond (Ordinary Form). (Title)
Know all men by these present that we, A.B. of C.D. of ................ and E.F. of ................are
held and firmly bound unto the Honble ............ the Chief Justice of the High Court of
Judicature at Bilaspur in the sum of Rupees..... of good and lawful money to be paid to the
said Honble the Chief Justice of the said High Court for the time being for which payment we
do hereby bind ourselves each of us binds himself for the whole, our and each of our heirs,
executors and administrators unto the said Honble the Chief Justice, his successor in office,
or assigns firmly by these presents.
Signed and dated the............ day of............ two............ thousand and............
The condition of the above written obligation is such that of the above bounden the
administrator(s) of the property and creditors of............ deceased do make or cause to be made
a full and true inventory, of all the estate of the said deceased which has or shall come to the
hands, possession, or knowledge of him/them the said Administrator(s) or into the hands of
any other person or persons for him/them, and the same so made do exhibit or cause to be
exhibited into the High Court at or before the............ day of............ next ensuing or within
such further time as the Court may from time to time appoint.
And the same estate, and all other estate of the said deceased at the time of his/her death,
which, at any time after, shall come to the hands or possession of the said Administrator(s) or
of any other person or persons for him/them do administer according to law.
And further do make, or cause to be made, a true and just account of his/their said
administration at or before the day of............ two thousand and............ or within such further
time as the said High Court may from time to time appoint. All the rest and residue of the said
estate shall deliver and pay into such person or persons respectively as shall be lawfully
entitled in such residue (and if it shall hereafter appear that any last Will was made by the said
deceased and the executor or executors therein named to exhibit the same into the said High
Court, if the said Administrator(s) being thereunto required to render and deliver the said letter
of administration to him/them granted (approbation of each Will being first had and made in
the said Court) then this obligation to be void and of no effect, else to remain in fun force.
Signed by the said A.B.C.D. and E.F. in the presence of............
(22) Bond (Insurance Co.)

(Title)
Know all men by these present that I ............ and we ............ Insurance Co. Limited
carrying on business in the Chhattisgarh at.......... through ............ (hereinafter called the
Company) are held and firmly bound unto the Honble the Chief Justice of the High Court of
Judicature at Bilaspur, in the sum of Rupees............ of good and lawful money to be paid to
the said Honble............ the Chief Justice of the said High Court for the time being for which
payment I the said....... do hereby bind ourselves, for the whole my heirs, executors, and
administrators, and we the company for ourselves and our successors do bind and oblige
ourselves for the whole unto the said Honble the Chief Justice, his successor in office, or
assigns firmly by these presents and we the Company do hereby submit ourselves to the
jurisdiction of the said High Court. Signed by the said and also sealed with the seal of the said
Company and dated the........ day of............ two thousand.
The condition of the above written obligation is such that if the above bounden the
administrator(s) of the property and creditors of deceased do make a full and true inventory, of
all the estate of the said deceased which has or shall come to the hands, possession of any
other person or persons for him/them, and the same so made do exhibit or cause to be
exhibited into the High Court, at or before the ............ day of ............ next ensuing or within
such further time as the Court may from time to time appoint.
And the same estate, and all other estate of the said deceased at the time of his/her death,
which, at any time after, shall come to the hands or possession of the said Administrator(s) or
of any other person or persons for him/them do administer according to law.
And further do make, or cause to be made, a true and just account of his/their said
administration at or before the............ day of ............ two thousand and............ or within such
further time as the said High Court may from time to time appoint. All the rest and residue of
the said estate shall deliver and pay into such person or persons respectively as shall be
lawfully entitled in such residue. And if it shall hereafter appear that any last Will or testament
was made by the said deceased and the executor or executors therein named do exhibit the
same into the High Court making request to have it allowed and approved accordingly, if the
above bounded being thereunto required, do render and deliver the letters of Administration to
him/them granted (approbation of such testament being first had and made in the said High
Court) then this obligation to be void and of no effect, else to remain in full force.
Signed by the said............ in the presence of ............ Signed on behalf of the said Company
by............ and in the presence of ............
(23) Inventory.
(Title)
(To be filed within six months from grant of
probate or letters of administration)
Immovable Property
Description

(1)

Movable Property

Government Recorded rental Estimated

revenue payable
(if any)
market value
(if any)

Description

Estimated
value

(2)

(3)

(4)

(5)

(6)

Rs.

Rs.

Rs.

Rs.

Rs.

Credits

Debits

Amount Due to
Estates

From whom due

(7)

(8)

Property bequeathed by
Will of deceased
Nature of security Amount Due
(if any)
(9)

(10)

Rs.

Rs.

To whom due by estate

On what account

(11)

Amount or value

(12)

Rs.

To whom
bequeathed

(13)

(14)

Rs.

Rs.

(24) Account.
(Title)
(To be filed within one year from grant of probate or letter of administration)
Assets

Application or disposal of assets

Property
inIncome from suchCredits
realizedOther assets ofTotal assets which
possession
ofproperty
out
of
thosecredits recoveredhave come into
executor
under
entered in theor realized
the
hands
of
the
inventory
inventory
executors
or
Form No.
administrator up
to date of filing
the account

Debts paid out of thoseLegacies paid out of Other payments made

entered
in
thethose entered in the
inventory
inventory
(6)

(7)

(8)

Total payment

(9)

(25) Caveat.
(Title)
................................................Caveator
(Name, address, description and occupation of Caveator)
Sir,
Let nothing be done in the matter of the estate of the above named deceased, who filed
at............on or about the ............ day of............ 20 ............ without due notice to the above
named Caveator.
Yours faithfully,
Dated at............ day of............ 20............
Advocate for the caveator

(26) Notice of a Caveat.

(Title)
To,
Advocate for the petitioner
Take notice that on the day of............ 20............ a caveat was filed in this Court in the
above petition by ............
Yours faithfully,
Registrar
Registrars Office
The............ day of ............ 20.......

11. CANCELLATION OF DOCUMENTS

SYNOPSIS
1. General.
2. Suit for cancellation of Deeds.
3. Cancellation on the ground of fraud, etc.
4. Suit for cancellation of a deed of mortgage.
5. Cancellation of a deed of partition.
6. Cancellation of a sale-deed.
7. Cancellation of instrument affecting land.
8. Cancellation of a bond executed by third party.
9. Other documents.
10. Valuation.
11. Model Forms :
(1) Cancellation of deed of conveyance.
(2) Agreement to rescind contract.
(3) Deed of cancellation.
(4) Deed of cancellation of conveyance.
(5) Deed of Cancellation01
(6) Deed of Cancellation (Another Form)
(7) Deed of Cancellation (Another Form)

1. General.A document means any matter expressed or described upon any substance,
by means of letters, figures or marks or by more than one of those means intended to be used
or which may be used for the purpose of recording that matter. Such a document is used as
evidence to prove rights, relation and obligations of the parties inter se. Documents are

executed for determination of such rights, relations and obligations. Contents of a document
can be proved either by primary or by secondary evidence. There are two categories of
documents (1) public document (2) private document. The Court shall presume to be genuine
every document purporting to be a certificate, certified copy or other document which is by law
declared to be admissible as evidence of any particular fact and which purports to be duly
certified by any officer who is duly authorised thereto by the Central Government. The Court
shall also presume that any officer by whom any such document purports to be signed or
certified held when he signed it the official character which he claims is such paper.
Where a deed is executed defining the rights, relations and obligations of the parties inter
se and after execution of such deed they agree that the agreement entered into by them should
not operate, such deed should be returned to the executant and the same parties should
execute another deed witnessing the intention of the parties to the effect that the said deed
shall not operate. This is called cancellation of a deed. Where the original deed was executed
and got registered, the deed of cancellation should also be got registered. By cancellation of a
deed the parties agree to dispense with or excused under the provisions of law for nonperformance of their respective promises.
Thus where parties to a contract agree to rescind it, the original contract need not be
performed.
2. Suit for cancellation of Deeds.See, Section 31 of the Specific Relief Act, 1963,
Chapter V. A suit for cancellation of a document is a suit for declaration and consequential
relief and is governed by Section 7(iv)(c). Ram Autar v. Ram Gobinda, 20 Pat 780 : AIR 1942 Pat
60 : 8 BR 471 : 23 PLT 218 : 198 IC 866, and the plaintiff is at liberty to put his own valuation
by one single sum representing the total value of all reliefs for the purpose of court-fees. ILR
(1971) 1 Cal 306 : AIR 1949 Lah 116 (FB); and AIR 1958 SC 245Followed.
The prayer that the deed may be set aside is a prayer for a substantial relief. Tacoordeen v.
Nawab Syed Ali, 1 IA 192 : 13 BLR 427 : 23 WR 340. In a suit to declare that a sale-deed is
fraudulent, for an order to have it cancelled and that a copy of the order be sent to the SubRegistrar, is a prayer for a consequential relief and the suit falls under Section 7(iv)(c). Pravati
Bai v. Visvanath, 29 Bom 207 : 6 Bom LR 1125; Nga Chit Wet v. Kwanan, UBR 1915, 4th
quarter, p. 102 : 36 IC 624; Moung Kying v. Po Thin, 2 LBR 266; see also Contrary Kattiya Pillai
v. Romaswami Pillai, 56 MLJ 394 : 1929 MWN 286 : 29 MLW 584 : AIR 1929 Mad 396. Where it
was held that such a suit was for declaration only as it was the duty of the Court to send it to
the registering officer under Section 39 of the Specific Relief Act. Radha Sundar v. Saktipada,
(1934) 39 CWN 250 : 62 Cal 479.
A suit for cancellation of a deed is not one for declaration. Laxmi Bai v. Lal Chand, AIR 1952
VP 69. In order to avoid payment of ad valorem court-fee, the relief of cancellation is often
couched in the form of a declaration that the deed is void or is not binding on the plaintiff or
that the deed does not affect the plaintiffs interest. In such cases if cancellation of or avoiding
the effect of the deed is implicit in the declaration sought for Section 7(iv)(c) would apply. Mt.
Rupia v. Bhatu, 22 Pat 783 : AIR 1944 Pat 17 : 24 PLT 446 : 216 IC 132; Joseph Lazarus v. Isha
Khan, AIR 1958 Pat 108. Suit for declaration that the deed of gift is null and void. Valuation to
under Section 7(iv)(b) of the West Bengal Court Fees Act, 1970, which correspond to Section
7(ix)(c) of the Central Act, held valid. Naba Kumar Das v. Damodar Das, 1992 (11) CHN 482;
See also Balaram Mandal v. Saheban Gazi, 54 CWN 139; Shamser Singh v. Rajinder Parshad,
AIR 1973 SC 2384Distinguished; Chota Singh v. Jit Singh, AIR 1975 P&H 316; Smt. Rajani
Bala Rakshit v. Biswanath Rakshit, AIR 1981 Cal 189 (DB); Pratap v. Smt. Purniva Bad, AIR

1977 MP 108. No such relief can be implied in the plaintiff is not required to have the deed
cancelled or set aside or to avoid the effect of the deed. A third party need not sue for
cancellation. Ponnammal v. Kanthammal, AIR 1952 Mad 552; In re : Thirupathiarmal, AIR 1956
Mad 179. Even where the plaintiff being a party to the deed alleges that it was not executed by
him but is a forged one, he need not seek the consequential relief of cancellation. Rambharosa
Lal v. Binda Devi, AIR 1956 Pat 203 : 1956 BLJR 239. Thus, alienation by Karta or other
person through whom the plaintiff does not claim interest need not be declared void or
cancelled. Ranjit Singh v. Birinder Kumar, AIR 1952 Pepsu 168 : ILR 1952 Pat 319;
Purshottamdas v. Ulphatrai, AIR 1954 MP 17 : ILR 1954 MP 107; Indrasan Prasad v.
Raghubans Rout, AIR 1957 Pat 711; Laxminarayan v. Ram Sarup, AIR 1957 MP 173. But a
party to a deed must have it cancelled or set aside. Sukh Lal v. Devi Lal, AIR 1954 Raj 170 :
1954 Raj LW 136. Similarly a deed by a person through whom plaintiff claims title requires to
be set aside. Banwari Lal v. Madan Mohan, AIR 1951 Pat 329. But if the deed executed by the
plaintiff or his predecessor-in-title is alleged to be void and not merely voidable, no cancellation
or setting aside is necessary. Sunder Singh v. Hira Singh, AIR 1950 EP 360.
A minor, who was co-nominee a party to the deed, which was executed on his behalf by his
legal guardian, must sue for cancellation or setting aside of the deed before he can have
possession. Sankaranarayana v. Kandasamia, ILR 1956 Mad 1300 : AIR 1956 Mad 670 : (1956)
2 MLJ 411 : 69 MLW 686 (FB).
3. Cancellation on the ground of fraud, etc.A suit for cancellation on the ground of
fraud, coercion and undue influence falls within this clause and the court-fees are to be
calculated ad valorem on the valuation by the plaintiff. Samiya v. Minammal, 23 Mad 490 : 10
MLJ 240; Malikka v. Kunji, 20 MLJ 791 : 7 MLT 177 : 5 IC 927. See also Wallace v. Lakshmi, 49
MLJ 608 : 1925 MWN 826 : AIR 1925 Mad 96. A suit for declaration that gift-deed is obtained
by fraud and is, therefore, void, cancellation of gift-deed arises as necessary consequence
without getting declaration that gift-deed is vitiated by fraud, cancellation cannot be sought for
independently suit is one for relief of declaration with consequence relief governed by Section
7(iv)(c). Gopal Ch Tena v. Smt. Laxmi Narayan, AIR 1990 Ori 38.
The plaintiff alleged that the defendants fraudulently got the plaintiff to execute certain
sale-deeds which were without consideration and prayed for a declaration that the sale-deeds
were got up and fraudulent and that the defendants had acquired no title by virtue of the
same. Held : that as the sale-deeds on their very face had been duly executed and registered,
and the title passed thereby, they would necessarily be required to be cancelled; so the
consequential relief was implicit in the prayer and the suit was governed by Section 7(iv)(c) and
not by Schedule II, Article 17(iii). Mt. Rupia v. Bhatu, (supra). A suit for a declaration that the
sale- deed by plaintiffs predecessor is void having been got executed fraudulently and that the
defendant has acquired no right, title and interest is governed by Section 7(iv)(c), as avoiding
the effect of the deed is implicit. Joseph Lazarus v. Isha Khan, AIR 1958 Pat 108. (See also
heading Documents under para 49).
In Kuber v. Raghubar, 5 Luck 235 : 6 OWN 885 : 121 IC 281 : AIR 1929 Oudh 491, the
Oudh Chief Court said : Certain cases falling under Section 39 of the Specific Relief Act are
simple declaratory suits and others are declaratory suits in which consequential relief is
desired. Where a person asks for a declaration that certain deeds are voidable against him
because his consent to their execution has been caused by fraud and misrepresentation and
not only asks for a declaration that these deeds are voidable but also asks for a declaration
that those deeds should be cancelled and delivered up, the suit is distinctly a suit for

declaration with a consequential relief. Followed in Daya Sankar v. Md. Ibrahim, 141 IC 798 :
AIR 1933 Oudh 116, where it was further held that if the prayer be that the document shall be
delivered up, cancelled and its registration set aside, ad valorem court-fees must be paid.
The plaint in a suit for cancellation of a deed of release (faraghkhali) and for any other
consequential relief to which the plaintiff may be found to be entitled to, is to be stamped with
a court-fee calculated ad valorem on the valuation, Nanak Chand v. Jiwan Mal, 35 PR 1914 :
237 PLR 1914 : 25 IC 435. See also Narain v. Aya Putter, 7 MHCR 372, in which it was held
that ad valorem court-fee was necessary.
A relief to have a registered instrument declared void or voidable with the possible result of
its being delivered up and cancelled and a copy of the decree being sent to the registration
office for a note by the registration officer is more than a mere declaration, it is undoubtedly a
substantial relief differing from a declaratory relief. Srikrishna v. Mahabir, 55 All 791: 1933 ALJ
673 : 149 IC 198 : AIR 1933 All 488.
A suit for avoiding an instrument, even if there be no prayer for cancellation carries with it
by implication a prayer that the Court may further use the discretion given to it by Section 39,
so as to order the said instrument to be delivered up and cancelled. Akhlaq Ahmad v. Musst.
Karam Ilahi, 1935 ALJ 133 : 153 IC 599 : AIR 1935 All 207.
Decree or other document for property sought to be cancelled, it is market-value (in the
absence of any indication to the contrary) of property that Courts and not value as shown in
decree or other document. 1966 Ker LJ 1109.
4. Suit for cancellation of a deed of mortgage.Where one of the defendants executed in
favour of another a mortgage in contravention of a stipulation in favour of the plaintiff not to
alienate the property in any way without paying off the mortgage money, and the plaintiff sued
for cancellation of that mortgage making both of them parties to the suit; held that the case fell
under Section 7(iv)(c), as a consequential relief had been claimed. Chuni Lal v. Bodar Mal, 2 PR
1886. See also Karaman v. Cockell, 1 CWN 670; Devidas v. Ramlal, 7 NLR 190 : 13 IC 864.
A suit for declaration by a member of a joint family governed by Mitakshara law that the
mortgage executed by another co-parcener of the joint family property does not bind the
property mortgaged, is not necessarily a suit for cancellation but is a suit falling under Article
17(iii) of the Schedule II. Sham Das v. Churn Das, AIR 1925 Lah 90 : 78 IC 788.
5. Cancellation of a deed of partition.Where the plaintiff amongst other prayers
claimed that a previous deed of partition be cancelled, then ad valorem court-fee was leviable
on the plaint and the memorandum of appeal. Satish Chandra v. Kali Dasi, 26 CWN 177 : 34
CLJ 529.
6. Cancellation of a sale-deed.Where the suit is one for declaration that the sale-deed
was invalid and might be cancelled the court-fee payable is ad valorem on the value of the relief
claimed. Sit Soe v. Ma Thin, AIR 1924 Rang 378 : 84 IC 201.
7. Cancellation of instrument affecting land.In Konaram v. Komappan, 14 Mad 169, it
was held that the plaint was to be stamped with court-fees calculated ad valorem on the value
of the document, as the plaintiffs would be gainers to that extent if they obtained a decree but
in Awadhraj Singh v. Dharamraj Kuar, 5 Luck 98 : 6 OWN 704, it was held that in a suit for
possession by cancellation of some documents the court-fees were payable as in a suit for
possession only. Suit for cancellation of document and possession of land-plaintiff party to
document. Court-fee payable is under Schedule I, Article 1 and not Section 17(iv)(c).

8. Cancellation of a bond executed by third party.A suit to cancel a mortgage bond

executed by a third party in respect of the property to which the plaintiff-in-possession is
entitled, is a suit for a simple declaration without consequential relief and a court-fee of Rs. 10
is sufficient. Karam Khan v. Doryai, 5 All 331: 3 All WN 51 (FB). [This case was dissented from
<P10%-2>in Parvati Bai v. Visvanath, 29 Bom 207, but it appears that in that case
the<P255%0> contest was between the parties to the instrument]. See also Arunachellam v.
Rangasami, 38 Mad 922 (924) : 28 MLJ 118 : 28 IC 79; Sham Das v. Charan Das, 78 IC 782 :
AIR 1925 Lah 90; Ventaka Ramani v. Narayansami, 1925 MWN 276 : 48 MLJ 688 : 21 MLW
649; 87 IC 660: AIR 1925 Mad 164; Balakrishna v. Vishnu, 132 IC 129 : AIR 1931 Mad 375;
Venkatasiva v. Satyanarayanamurthy, 56 Mad 212 : 139 IC 317 : AIR 1932 Mad 605.
Suit for declaring void an award, relief claimed involved cancellation of award, the suit will
not fail merely because of non-payment of court-fees on relief of cancellation of the award. The
question involves a consideration of the merits of the case so as to determine whether the
award can be null and void or had to be cancelled. (1972) 2 Simla LJ (HP) 97.
9. Other documents.A plaintiff praying for possession by cancellation of some other
documents to which he was no party, cannot be considered to be asking for two reliefs
separately. Awadhraj Singh v. Dharamraji Kuar, 5 Luck 98 : 6 OWN 704 : 120 IC 398 : AIR 1929
419. (See also note in para 49, Documents below).
It is not a case where Articles 59 and 60 of the Schedule appended to the Limitation Act
would apply. Reliance placed by Mr. Lalit on Madhukar Vishwanath v. Madhao and others,
(1999) 9 SCC 446; and Prem Singh and others v. Birbal and others, 2006 (5) SCALE 191 :
(2006) 5 SCC 353 : 2006 AIR SCW 3595, have no application in the instant case. In Prem
Singh (supra), it was held :
When a document is valid, no question arises of its cancellation. When a document is void
ab initio, a decree for setting aside the same would not be necessary as the same is nonest in the eye of law, as it would be a nullity.
Once, however, a suit is filed by a plaintiff for cancellation of transaction, it would be
governed by Article 59. Even if Article 59 is not attracted, the residuary article would
be. [Bay Berry Apartments Pvt. Ltd. v. Shobha, AIR 2007 SC 226].
10. Valuation.Where a suit to cancel a mortgage bond for Rs. 4,000 was valued at Rs.
50, the Madras High Court on appeal said that the trial Court could not refuse to accept the
valuation made by the plaintiff under the sanction of verification of the amount at which he
values the relief sought nor can it revise ita power which is limited to cases provided for by
Section 9, which relates to an estimate given by the plaintiff of the amount of net profits of the
land or the market-value of the land, house or garden as mentioned in Section 7, paragraphs
(v) and (vi). Until such a rule was framed the valuation given by the plaintiff could not be
revised. Chinnamal v. Madras Rowther, 27 Mad 480 : 14 MLJ 343.
In a suit for cancellation of a document securing property having a money value, the
amount or value of the property for which the document was executed, is the amount on which
the ad valorem court-fee is to be paid. Alagar Aiyangar v. Srinivasa Aiyangar, AIR 1925 Mad
1248 : 1925 MWN 777 : 91 IC 709. A suit for cancellation of sale-deed by plaintiffs father in
respect of joint family property is liable to court-fees under Schedule I, Article 1 on the value of
the subject-matter of the dispute. The memorandum of appeal should also be valued on that
basis. Sukh Lal v. Devi Lal, ILR (1953) 3 Raj 782 : AIR 1954 Raj 170 : 1954 Raj LW 136. A suit
for cancellation of a document to which the plaintiff was a party and for recovery of possession

is to be valued according to the value of the subject-matter of the suit. Kutumba Sastri v.
Sundaramma, ILR 1939 Mad 764 : AIR 1939 Mad 462. Similarly a suit for cancellation of a
deed of exchange and for recovery of possession, where the plaintiff was prepared to surrender
the property obtained by exchange, cannot be valued on the difference in value between the
properties. Akasam Surya Rao v. Manthena Rama Raju, AIR 1959 AP 495.
The valuation of a suit to cancel a sale and a promissory note cannot be the discretion of
the plaintiff, specially if it be manifest from the documents themselves that there is no
reasonable ground for placing a low valuation, i.e., if the valuation stated in the document
sought to be cancelled be Rs. 700 and Rs. 500 then the suit to cancel the documents cannot be
laid at Rs. 100. Maung Nae v. Maung Kha Pu, 142 IC 705 : AIR 1933 Rang 40.
A Gurudwara brought a suit against the mahant praying that a document executed by
certain persons in relation to property mentioned in the plaint be declared null and void and
that the document be withdrawn from the defendants and cancelled. The suit was valued both
for the purposes of court-fee and jurisdiction at Rs. 1,100 and a court-fee of Rs. 120 was paid
thereon. Held : that the suit, whether regarded as falling under Section 7(iv)(c) or under Article
17, the jurisdictional value had been fixed at a reasonable figure and the court-fee paid was
more than enough. Gurudwara v. Gopi Chand, AIR 1941 Lah 265 : 43 PLR 252: 196 IC 254.
11. Model Forms :
(1) Cancellation of deed of conveyance.
This agreement is made at Varanasi on the 10th day of January, 2000 between Mr. Lallan
Singh s/o Shri B.D. Singh hereinafter referred as the first party and Mr. Jaheer Abbas, s/o Mr.
Irfan r/o 336, Mohalla Lahar Tara Opposite J.J. Hospital, Varanasi hereinafter referred as the
second party.
Whereas the first party has executed a deed of conveyance on the 2nd day of October, 1993
in favour of the second party in respect of premises situated at Dariyabad, Allahabad as
detailed in the Schedule annexed with the deed of conveyance.
And whereas the second party has agreed to pay a sum of Rs. 7,00,000 as consideration of
the said loan and premises.
And whereas the second party failed and refused to pay and has admitted inability to pay
the consideration money.
And whereas property intended to be transferred cannot be sold in absence of payment of
consideration money by the second party.
And whereas the possession of the said property has not been delivered to the second
party.
And whereas the said deed of conveyance is pending for registration with the Registrar,
Chail sub-division of Allahabad district.
And whereas the second party is totally unable to arrange the payment required as
consideration money.
Now this deed is executed to witnesses the following :
1. That the parties hereto have agreed to cancel the deed of conveyance which they
hereby do.

2. That the parties hereby agree and declare that due to inability of the purchaser to
pay consideration money to the vendor they have agreed to cancel the deed of
conveyance which they hereby do.
3. That the parties do hereby confirm the title to the property in question has not
passed to the second party and that the second party has not acquired any title or
any interest in the said property by virtue of the said deed of conveyance.
4. The parties have also agreed and declared that all costs, charges and expenses in
relation to the deed of conveyance and this deed shall be borne and paid by the
second party in full.
In witnesses whereof the parties have executed this deed of cancellation on the date
aforementioned in presence of witness undersigned.
Signature of the witnesses, name and address
1. .....................
2. .....................

Signature of the parties

First party
Second party

(2) Agreement to rescind contract.

This agreement entered into between Amit Bhushan s/o R. Chandra r/o Mohan Nagar,
Allahabad, hereinafter described as first party and Chandra Dev Pandey, s/o Raja Ram Pandey
r/o Preetam Nagar, hereinafter described as second party.
Whereas by an agreement dated 10th of July 2000 the said Chandra Dev Pandey has
agreed to construct a building consisting of 4 flats as dwelling house on plot No. 67 situated in
Mohalla George Town, Allahabad on the terms and conditions set out in the agreement
executed on 10.7.2000.
And whereas serious differences have arisen between the parties and said Chandra Dev
Pandey is not willing to perform the contract and with mutual negotiations between parties
they have agreed to rescind the agreement dated 10.7.2000.
Now this agreement is executed on the date aforementioned witnesses as under :
1. That the aforementioned agreement dated 10.7.2000 is hereby rescinded.
2. That the parties hereby made up the account and the balance amount payable by
the A. Bhushan to Chandra Dev Pandey has been paid today in settlement of his full
and final account. Said Chandra Dev Pandey hereby acknowledges that his account
has been fully and finally settled by the said Shri A. Bhushan.
3. That both the parties have also agreed to expressly release each other from the
obligations arising out of the question of performance or non-performance of the
contract aforementioned.
In witnesses whereof the parties hereto have signed this deed on the date aforementioned in
presence of the witness given hereunder.
Signature of witnesses :
1. .....................
2. .....................
Signature of A. Bhushan
Signature of Chandra Dev Pandey

(3) Deed of cancellation.

This deed of cancellation made on this 5th day of August in the year 2000 between P.N.
Dwivedi hereinafter described as purchaser, s/o Shri S.N. Dwivedi, residing Ganeshpur,
Allahabad and G. Jaiswal s/o K.N. Jaiswal hereinafter described as vendor residing at Kamla
Nagar, Allahabad.
Whereas by an agreement dated 20th June, 1996 executed by the parties hereto and
registered in office of the sub-Registrar of Chail, at Allahabad vide book number 117 volume
171 pages 300-304 Folio No. 63 for the year 1996. It was witnessed that the purchaser had
agreed to purchase house No. 32 located in Mohan Nagar, Gadiwan Tola at Allahabad, fully
detailed in Scheme annexed to the agreement for consideration of Rs. 13 lacs on terms and
conditions contained thereunder.
And whereas the vendor has been paid a sum of Rs. 50,000/- as earnest money for the
purchase of the said house on basis of the said agreement by the purchaser.
And whereas the said agreement is in full force and whereas it has been agreed by the
parties hereto that the purchaser shall be refunded his earnest money of Rs. 50,000/- which
he had paid to the vendor and whereupon agreement of purchase for the purchase of the said
house shall stand cancelled.
And whereas in pursuance of the above agreement, vendor has refunded the said Rs.
50,000/- to the purchaser who acknowledges to have received the same.
And whereas the purchaser has also returned the deed of agreement for sale of the said
house to the vendor.
Now this deed witnesses as under :
1.

That for consideration as mentioned hereinabove the parties hereto have agreed to
cancel and they do hereby cancel the agreement of purchase and sale of the said
house.

2.

That the parties hereto also confirm that no right, title or interest in the said
property has accrued in favour of the above noted purchaser and no liability
remains on the seller.

3.

That the purchaser has agreed and hereby grants releases and discharges of the
said property and every part thereto in favour of vendor. No claim whatsoever is
due against any of the party in respect of the said agreement for sale of the house.
The Schedule

In witnesses whereof the parties hereto have put their hands on this 5th day of August
2000 at Allahabad in presence of the witnesses given hereunder.
Signature, name and address of the witnesses.
Signature of Purchaser
Signature of the vendor
(4) Deed of cancellation of conveyance.
This indenture made on this twenty third day of April 2001 between Murli Dhar Awasthi
s/o Beni Prasad Awasthi r/o 33, Shivala Road, Allahabad hereinafter referred to as the
purchaser and Prem Chandra Katiyar s/o Bishambhar Nath Katiyar r/o 13 Quidwai Nagar,
Kanpur hereinafter referred as the vender which expressions shall include the heirs, executors,
successors and administrators of the respective parties.

Whereas the vendor is exclusive owner of a cinema hall known as PLAZA CINEMA, which
he wanted to sell to arrange money for purchasing a Farm House and the purchaser agreed to
purchase the said cinema hall for a consideration of Rs. 75 lacs.
And whereas the terms and conditions of the agreement between the purchaser and the
vendor witnessed that the purchaser who has given a bank draft of Rs. 5,00,000/- or drawn in
favour of the vendor, shall pay the balance amount of the consideration money by 31st day of
December, 2000 and soon after the vendor shall execute a sale deed of the said cinema hall in
favour of the purchaser.
And whereas the stipulated date of 31.12.2000 has elapsed and the purchaser could not
manage the payment of balance amount of the consideration money and on the request of the
purchaser the date of payment of the same was extended to 31st day of March 2001.
And whereas the purchaser paid the amount within the extended period and a conveyance
dated 27th day of march 2001 executed between the parties hereto and registered with the
Registrar of Kanpur witnessed that the vendor had received full payment of consideration
money and transferred the property in question absolutely in favour of the purchaser to enable
the purchaser to hold, possess and enjoy the same without any claim, interruption by any
person or persons claiming on behalf of or under the vendor.
And whereas on account of some dispute in the family of the vendor the possession of the
said property could not be delivered to the purchaser in terms of the conveyance executed on
27.3.2001 owing to resistance from some of his family members and the purchaser has been
kept out of possession of the said property and there appears to be no chance of a settlement of
the dispute in near future as is evident from the conduct and behaviour of the family members
of the vendor and in the circum- stances the purchaser is not getting any benefit of his
investment made in the purchase of the said property and he found it in his interest to cancel
the conveyance dated 27.3.2001 and get back the consideration money paid to the purchaser.
And whereas the parties aforementioned mutually agreed to cancel the conveyance dated
27.3.2001 on the terms and considerations stipulated herein under.
This deed executed between the parties therefore witnesses as under :
1.

That parties hereto have agreed to cancel the conveyance deed dated 27.3.2001
which they hereby do and they have relieved each other to their respective liabilities
arising out of the deed of conveyance referred to above.

2.

That the vendor has refunded entire consideration money of Rs. 75 lacs along with
interest @ 12% per annum to the purchaser and thus the matter has been finally
settled by the parties amicably.

3.

That the parties hereto further agree and declare that in consequence of
cancellation of the conveyance all rights, title, interest and claim of the purchaser
in respect of the property in question are hereby retransferred, reassigned in favour
of the vendor which shall be vested in the vendor as his former estate and the
position is restored status quo ante the execution of the conveyance dated
27.3.2001.

4.

That the parties hereto have agreed and declare that they have not acted in any
manner or have entered in any agreement with any one in regard to the property in
question so as to enable any person to claim any interest in the said property.

5.

That the parties hereto agree and declare that the vendor is the owner in lawful
possession of the property and none on behalf of the purchaser or claiming
through him shall in any way claim any interest in the said property affecting the
right and title of the vendor.

In witness whereof the parties hereto have signed this deed in presence of the witnesses
undersigned on the date aforementioned.
1. Witnesses
Signature
Name
Address
2. Signature
Name
Address
Signature of the parties
1. Purchaser
2. Vendor
(5) Deed of Cancellation01
This deed of cancellation
year...................between :

is

executed

on

this..........day

of...................

in

the

MN S/o BC aged....................................years occupation................... R/o...................

(hereinafter called as the purchaser)
And
XY S/o QR aged..............................years
(hereinafter called as the seller)

occupation.......................

R/o...................

That by a sale-deed dated.............19...........registered in the office of SubRegistrar...........in book No.......volume No........from page Nos........... to............bearing
No..............for the year...................it was witnessed that the seller did for a consideration of
Rs.............. (Rupees...............only) purported to convey and transfer the undermentioned
property unto and to the use of the purchaser, to hold and possess the same peacefully and
quietly without any claim and demand or interruption by any person on behalf of or claiming
under the seller and to receive rents and the other profits and benefits of the properties.
AND that the parties have mutually agreed and decided to be relieved of their respective
liabilities arising out of the transaction of sale by having the said deed cancelled against the
refund of the consideration amount and the purchaser has returned the said deed to the seller
endorsed as cancelled thereon and the seller has also refunded the consideration amount to
the purchaser, receipt of which has been hereby acknowledged by him.
AND that the said deed though contained inter alia the necessary conditions as are usual
on the part of a seller in the case of a sale transaction of that nature viz., the guarantee as to
title, peaceful possession non-encumbrance further assurance and indemnity but nevertheless
the same could not be acted upon in as much as the seller failed to deliver peaceful possession
uptil now owing to obstruction as to such delivery of possession created by several persons still
residing in the said property and the purchaser has been kept out of possession of the property
so purchased and deprived of all rents and benefits arising thereunder as also the amount
invested resulting into becoming of the deed infructuous to all intents and purposes rather a
mere paper transaction.

AND that this covenant witnesseth that for the consideration aforementioned the parties do
hereby mutually agree and declare that the said sale-deed shall be and in fact has been
cancelled with immediate effect, as if the same was never executed or brought into existence
and the same was and shall be of no force and effect. The parties hereto havent done any act
by reason or means whereof the said property may in any way be affected or prejudiced in title
or estate or the parties or any of them may be hindered or prevented from cancelling the said
sale-deed and realising and retransferring the said property unto and to the use of the seller in
the manner indicated earlier.
In witness whereof the parties hereto have set and subscribed their respective hands in
presence of witnesses on this 3rd day of January in the year 1991 at Delhi.
Witness :
1. AB
2. CD
Signatures
Purchaser
Seller
(6) Deed of Cancellation (Another Form)
This deed of cancellation is executed on this..............................day of...................in the
year...................between :
MN S/o BC aged...................years occupation...............R/o.............. (as the purchaser)
And
XY S/o QM aged...................years occupation...................R/o........... (as the seller)
That by an agreement dated.................19...............executed by the parties and registered
in the office of Sub-Registrar..................in book No. 1...................volume No..................from
pages...................to............ bearing No...................for the year..................., wherein it was
witnessed that the purchaser has agreed to purchase the property mentioned in schedule
mentioned thereto so also in the schedule annexed hereunder) for a consideration of
Rs................... (Rupees.................only) on terms contained therein and the purchaser has
paid a sum of Rs................... (Rupees...................only) towards earnest money, which has
secured a charge on the said property.
AND that now it has become impossible to act upon the said agreement and the parties
have mutually agreed and decided to cancel the said agreement, whereupon the seller has
refunded the earnest amount of Rs................... (Rupees................only) along with a sums of
Rs................ (Rupees...................only) towards the costs and expenses incurred by the
purchaser for making searches and investigation of the title and on other account.
And that this covenant witnesseth that the agreement dated.......19.... executed by the
parties stood cancelled and the purchaser has no right, title and interest in the property agreed
to be purchased by him from the seller. The seller has returned to the purchaser the sum of
Rs................... (Rupees..............only) paid by him towards the earnest amount along with a
sum of Rs............ (Rupees.......only) for the costs and expenses incurred by the purchaser for
search and investigation of the title of the seller, the receipt whereof is hereby acknowledged by
the purchaser. The seller has also returned the said agreement in original endorsed as
cancelled.

And that it is further declared by the parties that they have not committed any act or thing,
damaging or destroying the rights and title of the seller in the said property in pursuance of
the said agreement. The seller shall enjoy the property as was enjoying since prior to the
agreement.
In witness whereof the parties hereto have set and subscribed their respective hands on
this 2nd day of February in the year in presence of witnesses at Patna.
Witnesses :
1. AB
2. CD
Signatures
Purchaser
Descriptions of the property
(7) Deed of Cancellation (Another Form)
AGREEMENT MADE at ............. this ........... day of ........... 19 .......... between Mr. A
of .......... hereinafter referred to as the Party of the First Part and Mr. B of .................
hereinafter referred to as the Party of the Second Part.
WHEREAS,
1.

The Party of the First Part has executed a Deed of Conveyance on the ......... day
of ......... in favour of the Party of the Second Part in respect of the land and
premises situate at ......... and more particularly described in the Schedule to the
said Deed being the same as described in the Schedule hereunder written.

2.

The Party of the Second Part had agreed to pay to the Party of the First Part a sum
of Rs. .......... as consideration for the sale of the said land and premises but the
said amount has not been paid by the Party of the Second Part and he is unable to
pay the same.

3.

The title to the said property was intended to be passed to the Party of the Second
Part on payment of the said amount.

4.

The possession of the said property has not yet been given to the Party of the
Second Part by the Party of the First Part.

5.

The said Deed of Conveyance has been lodged for registration with the SubRegistrar at .............. but the Party of the First Part has not admitted execution
thereof.

6.

As the Party of the Second Part is not able to make arrangement for payment of the
said amount, the parties have by mutual consent agreed to cancel the said Deed
and to treat it cancelled and have agreed to execute this normal deed or agreement
of cancellation to put the fact on record.

NOW IT IS AGREED AND DECLARED BY the parties hereto that in view of the
circumstances recited above, the parties hereto do by mutual consent hereby cancel the said
Deed of Conveyance and agree confirm that the same is cancelled and shall be deemed to be
treated as cancelled and never to have been acted upon.
And it is agreed and confirmed that the title of the said property has not passed to the
Party of the Second Part and he does not claim any right, title or interest in the said properly
under or by virtue of the said Deed of Conveyance.

And it is agreed and declared that all the costs, charges and expenses including the Stamp
Duty and registration charges in respect of the said Deed of Conveyance are to be borne by the
Party of the Second Part alone and Party of the First Part is not responsible for the same.
IN WITNESS WHEREOF the parties have put their respective hands the day and year first
hereinabove written.
THE SCHEDULE ABOVE REFERRED TO :
Signed and delivered by the within named Party
of the First Part ........ in the presence of .............
Signed and delivered by the within named Party
of the Second Part ....... in the presence of .......

12. CLUBS AND SOCIETIES

SYNOPSIS
1. General.
2. Model Forms :
(1) Memorandum of businessmens club
(2) Memorandum of Association of Ladies club
(3) Constitution of Trade Union
(4) Constitution of Rotary Club
(5) Memorandum of Association of citizens of a town
(6) Memorandum of a Bar Association

1. General.A club is an association of individuals who join each other for social purposes
and advancement of their common interest. Thus it may be called a society of persons
associated together for social reasons for promotion of art, science, literature, sports and
politics and for any other lawful purposes. Under the Societies Registration Act a club may be
registered for purposes of promotion of science, art, fine art, literature and for diffusion of
knowledge.
For registration of a club or a society makes it a legal entity. Under the Societies
Registration Act, 1860 a club or society may be registered to improve its legal condition.
Charitable societies, the military orphan funds or the societies established at the several
presidencies of India, societies established for promotion of science, literature or the fine arts,
for ins- truction for diffusion of useful knowledge, political education, foundation or
maintenance of libraries or reading rooms for general use among the members or open to the
public or public museums and galleries for paintings and other works of art, collections of
natural history, mechanical and philosophical inventions, instruments or designs may be
registered under the Act.
Any seven or more persons associated for any literacy, scientific or charitable purpose and
any other lawful purpose as contained in Section 20 of the Societies Registration Act, 1860

may, by subscribing their names to a memorandum of association and filing the same with the
Registrar of Joint Stock Companies form themselves into a society. The memorandum of
association shall contain the name of the society and the objects of the society and the names,
addresses and occupation of the governors, council, directors committee or other governing
body to whom by rules of the society the management of its affairs is entrusted. Once in every
year, on or before the fourteenth day succeeding the day on which, according to the rules of the
society, the annual general meeting of the society is held, or if rules do not provide for an
annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint
Stock Companies of the names, addresses and occupations of the governors, council, directors
committee or other governing body then entrusted with the management of affairs of the
society. Every society registered under the Act may sue or be sued in the name of the president,
Chairman or principal secretary or trustees as shall be determined by the rules and regulation
of the society and in default of such determination, in the name of such persons as shall be
appointed by the governing body for the occasion provided that it shall be competent for any
person having a claim or demand against the society to sue the president or chairman or
principal secretary or the trustees thereof if on application to the governing body some other
person or officer be not nominated to be the defendant. But any member who may be in arrear
of a subscription, which according to the rules of the society he is bound to pay, or who shall
possess himself of or detain any property of the society in a manner or for a time contrary to
such rules or shall injure or destroy any property of the society may be sued for such arrear or
for the damage accruing from such detention, injury or destruction of property in the manner
provided in the Societies Registration Act.
Not less than three fifths of the members of any society may decide tht it shall be dissolved
and thereupon the society shall stand dissolved forthwith or at the time then agreed upon and
all necessary steps shall be taken for the disposal and settlement of the property of the society
its claims and liabilities, according to the rules of the said society applicable thereto if any and
if not, then as the governing body shall find expedient, provided that in the event of any
dispute arising among the said governing body or the members of the society, the adjustment
of its affairs shall be referred to the principal Court of original jurisdiction of the district in
which the chief building of the society is situate and the Court shall make such order in the
matter as it shall deem requisite provided no society shall be dissolved unless three fifths of the
members shall have expressed a wish for such dissolution by their votes delivered in person or
by proxy at a general meeting convened for the purpose.
2. Model Forms :
(1) Memorandum of businessmens club
1. The name of the club shall be Prayag Traders Club.
2. The objects of the club are :
(a) To provide for meeting of the members at common place for the purposes of
discussion of common problems, recreation, advancement of social ideas, exchange
of views among the members and to promote mutual understanding among them.
(b)

To provide knowledge of latest business techniques and developments in the field of

consumer protection.

(c)

To provide for medical assistance and measures for members their dependents and
employees.

(d)

To develop and raise consciousness towards social requirements of the business

community.

(e)

To give a platform for providing technical education for the children of the members
and their families.

(f)

Any other objects and purposes which may be beneficial for the business
community in general.

3. The area of operation of the club shall be the revenue district of Allahabad.
4. Any person having attained the age of 21 years and engaged in business may become
member of the club on payment of fee prescribed for the purpose.
5. The persons signing this memorandum shall become member of the club and shall be
called founder members.
6. There shall be a committee of management consisting of 11 person who shall be
responsible to look after the general affairs of the club.
7. The committee of management shall be elected by the general house consisting of
founder members and ordinary members enrolled in accordance with the provisions of this
memorandum. The committee of management shall include a Chairman, a Secretary and a
Treasurer.
8. Any person having qualifications to become member of the club may apply to the
committee of management and such application shall be scrutinised by the committee and if
found in order it shall be allowed and the name of the member be brought on the membership
register.
9. That the committee of management shall function under the guidance and control of the
general body of the club. The day to day affairs of the club shall be managed by the committee
of management.
10. The tenure of the committee of management shall be of one year from the date of its
election by the General House of the club.
11. Normally a committee of management shall function from first day of April to 31st day
of March. Election of new Managing Committee shall be held in the month of March every year
and it shall start functioning from first day of April each year.
12. The Managing Committee shall meet atleast once a month. Agenda for such a meeting
shall be given to the members of the committee by the Secretary. At least 7 days notice shall be
necessary for holding a meeting of the committee. The Secretary shall convene the meeting
when 3 members of the managing committee give him notice in writing calling the Managing
Committee to meet and to discuss some particular Agenda.
13. The Secretary shall maintain a Proceeding Book wherein the Agenda discussed by the
managing committee and decisions taken thereon shall be recorded.
14. Every member shall contribute to the club a sum of Rs. 50/- per month and the
Treasurer of the club shall keep a true and regular account of such collection and issue receipt
to the paying member.
15. Donations shall be accepted by the committee and a Souvenir shall be published each
year in order to raise funds by means of subscrip tion on account of advertisement.
16. An account shall be opened in the name of the Club in any nationalised bank which
shall be operated by the Joint Signature of Secretary and Chairman. The treasurer shall not
keep cash in hand exceeding Rs. 1,000/-. All the monies collected by the treasurer shall be
deposited in the account of the club maintained in bank.

17. The General House shall meet once in 3 months to consider the Agenda put before it by
the Managing Committee. The meeting of such General House shall be held positively in the
month of April each year which shall be called annual general meeting in which annual report
of the club shall be considered as reported by the committee of management and budget of the
club shall be considered and approved for the next year.
18. Any member may resign from the membership of the club by giving in writing to the
Secretary of the Club who shall put it before the managing committee for its decision.
19. Any member found guilty of acting against the interest of the association may be
removed from membership by the committee of mana- gement but before removing him, the
committee shall give him a show cause notice as to why he should not be removed, and after
considering the explanation of the member if any and giving him an opportunity of being heard
the matter will be decided by the managing committee.
20. That the club shall endeavour to possess a house in which the office and meeting hall
shall be located for carrying on the activities of the club. Till such arrangement is made, the
office and recreation hall including meeting hall shall be managed in a rented building.
21. The club shall open for the members from 6.30 p.m. and remain open till midnight. It
shall be opened only for members and outsiders shall not be permitted to enter in the club,
except by passes issued by the Chairman of the club to guests of the members.
22. The club shall provide Journal, Magazine and newspapers for the use of its members in
the recreation hall.
23. A member shall be entitled to invite one guest at a time, such a guest shall be entitled
to enter into the premises of the club only in the manner provided herein earlier.
24. The rules of the club may be changed by the majority of the members present and
voting in the general house.
25. In order to provide facilities to members in respect of recreation, exchange of ideas,
information regarding trade and commerce, the club shall invite distinguished personalities
known in the field of commerce and business to address the members.
26. All the properties of the club shall vest in the committee of the management which can
transfer or sell it on the basis of resolution passed by the general house of the club.
27. On dissolution of club the properties of the club shall be sold out and the proceeds of
such properties shall be utilised in construction of community halls and its furnishing.
(2) Memorandum of Association of Ladies club
1. The name of the club shall be the Ladies Club of Allahabad.
2. The objects of the club are :
(a)

To provide for a common meeting place for the members of the club.

(b)

To encourage social acquaintances among the members.

(c)

To provide for advancement of education, social, welfare, mutual assistance and

mutual trust between the members.

3. To encourage the members to work for destitute women, widows particularly war widows
and women folk belonging to poor classes.
4. To develop a consciousness towards society in general and ladies in particular.

5. To arise standard of living of the members.

6. To provide for construction, cooking, tailoring, house management, home science and
arts and to encourage ladies to organise and to run classes to import training to ladies in such
trade and profession.
7. To invite reputed personalities and artists to address the members and to arrange their
show.
8. To provide outdoor and indoor games and other pastime and to arrange picnic, exhibition
and pilgrimage exclusively for the members.
9. And to achieve any other objects deemed beneficial for the members and decided by the
general house of the club.
10. The managing committee of the club shall consist of 11 members including the
chairperson, Secretary and a Treasurer.
11. That person attending the first meeting of the club shall be known as founder member
of the club. Such founder members have met and elected 11 members of the managing
committee consisting of Shashi Mehrotra as chairperson, Mrs. B.K. Jaiswal as Secretary and
Mrs. S.K. Agarwal as Treasurer other members of the managing committee are as under :
1. Mrs. Seema Saroj
2. Mrs. Geeta Singh
3. Mrs. Vimala Srivastava
4. Mrs. Urmila Mishra
5. Mrs. Shiv Kumari Ojha
6. Mrs. Maya Bajpai
7. Mrs. Sadhana Awasthi
8. Mrs. Sushma Tiwari
12. That the committee shall have powers to enroll a new number. Person desiring to
become member make an application in writing to the committee. On acceptance of her
application she shall pay a membership fee as payable at the time of admission, and an
admission fee of Rs. 50/- and her name shall be entered in the register of members of the club.
13. All such members shall constitute a general house. The general house shall be the
Supreme authority in respect of management of the club. The general house shall meet twice in
a year and shall consider reports and recommendations of the managing committee. The house
assembled after closing of financial year shall decide about the next budget of the club, election
of chairperson, Secretary and Treasurer for the next year and also elect other members of the
managing committee.
14. Day to day affairs of the club shall be managed by the committee of management under
the guidance of its chairperson.
15. The committee of management shall meet atleast once in a month to discuss problems
of the members and to consider suggestions from them.
16. The Treasurer shall be responsible for keeping account of all receipts and expenditure of
the club.

17. The account of the club shall be opened in a bank which shall be operated by the joint
signature of the chairperson and the Secretary.
18. All expenses incurred by the Treasurer shall be put before the managing committee for
its approval as soon as possible.
19. The Secretary shall be responsible to call the meetings of the managing committee and
general house. The managing committee shall be called in consultation with the chairperson
while General Body of the club shall be called according to the decision taken by the Managing
Committee.
20. Any members acting against the interest of the association may be removed by the
Managing Committee after giving a show cause notice and hearing him personally.
21. The accounts of the committee shall be audited soon after closing of the year and audit
report shall be submitted in the annual general meeting of the club for consideration of the
general house.
22. Any amendment in these rules may be made by the majority of 3/4 members present in
a meeting.
23. The Managing Committee shall frame bye laws for smooth functioning of the club and
to achieve the objects of thereof.
24. That the properties of the club shall vest in the chairperson of the club which can be
transferred under a resolution passed by the general house.
(3) Constitution of Trade Union
1. The name of the union shall be the Shyam Bidi Karmachari Sangh, Allahabad.
2. The registered office of the union shall be at 72, Lowther Road, Allahabad.
3. The aims and objects of the union shall be :
(1)

To united the employees of Shyam Bidi Works, to press for any legal and just
demand in respect of service conditions of the employees in general and in respect
of any unwarranted and unlawful harm and injury caused to any employee by the
employer in particular.

(2)

To redress the grievances of the members in respect of their service conditions.

(3)

To persuade the employees to perform their duty sincerely in the interest of

management.

(4)

To prevent any unlawful reduction in salary below the permissible limit.

(5)

To promote mutual understanding among the employees inter se and in order to

achieve this object to organise gathering of employees from time to time.

(6)

To provide assistance to employees during their sickness unemployment of their

family members and the old age of employees and on death of retired employees.

(7)

To secure compensation for a member of the union regarding loss and injury
suffered by any employee due to an accident under the Workman Compensation
Act.

(8)

To provide legal assistance to members of the union in respect of dispute among

the employee and the management.

(9)

To get the dispute of the employees with the employer in relation to service settled
at the earliest possible.

(10) To provide for newspapers and magazines to the members relating to the industry
of Bidi manufacturing in India and abroad.
(11) To help the employees to attain necessary skill in performance of their official duty.
(12) To co-operate with other labour organisations having similar aims and objects.
(13) To help the employees during the time of their need by providing and arranging
financial assistance.
(14) And to provide other help sought by an employee from the union.
4. An employee working with Shyam Bidi Works having its office at Jawahar Lal Nehru
Road, Allahabad, who has attained the age of 18 years and is working as an employee in the
said Shyam Bidi Works, shall be entitled to become an ordinary member of the union. An
admission fee of Rs. 25/- shall be payable by the employee at the time of being enrolled as a
member of the union and thereafter a monthly subscription of Rs. 20/- shall be paid by such
member to the union regularly for which a receipt shall be issued by the Cashier of the union.
5. A member who has not cleared his dues of the union for a period of 3 months or more
shall be declared a defaulter. He shall not have a right to vote and claim any redressal of his
grievances or cannot seek any help from the union during the period of default but as soon as
the arrears due against the employee have been paid his rights as a member of the union shall
be restored.
6. No member of the union shall be entitled to any benefit unless he has been a member of
the union at least for a period of 4 months and has paid all the monthly subscriptions due by
that time to the union.
7. No benefits shall be allowed to any member by the union after their becoming a defaulter
in payment of subscriptions to the union for a period of one month from the date of clearing
and paying of dues to the union.
8. If any member resorts to strike without the sanction or approval of the managing
committee of the union he shall not claim any benefit whatsoever from the union.
9. That a register of members shall be maintained in the office of union wherein details of
each member in respect of their present educational qualification and permanent address shall
be kept.
10. Such membership register shall be open to inspection by any member or officer of
union at all reasonable hours excluding the holidays.
11. The day to day affairs of the union shall be managed by a committee called Executive
Committee consisting of a President, a Senior Vice President, a Junior Vice President, a
Secretary, a Joint Secretary and a Treasurer. The Executive Committee shall co-opt five other
members from amongst the ordinary members. The officers of the executive shall be elected by
the general body of the union at the annual general meeting.
12. In the event of any vacancy for any reason falling among the office bearers of the
executive committee same shall be filled by the managing committee itself by a resolution
passed by majority of members of such committee.
13. The Executive Committee passed by three-fourth of its members present in its meeting
may by a resolution removed a member found guilty or any fraud or having acted against the

interest of the union but no member shall be removed unless a reasonable opportunity is given
to him to explain his position and for that purpose issuance of show cause notice to such
member shall be necessary.
14. The Executive Committee shall meet once a fortnight and on such other occasion as is
deemed necessary by it.
15. Quorum of the Executive Committee meeting shall be 50% of its strength and a
resolution shall be deemed to have been passed by such committee if 50% of members
attending the meeting caste their vote in favour of such resolution.
16. Seven days notice for meeting of Executive Committee shall be given to the members of
the Managing Committee.
17. All meetings of Executive Committee and also of the general body shall be presided over
by the President, and in his absence by the Vice President Senior or Vice President Junior, in
absence of all the three, the members present in the meeting itself shall elect a person to
preside over the meeting of that particular day.
18. The General Secretary of the union shall keep a record of minutes of all meetings of the
Executive Committee and the general body. He shall make correspondence and keep a proper
record thereof. He shall convene all the meetings keep or caused to be kept proper accounts of
the expenses of union and proper supervision over the affairs of the union. The Secretary shall
be responsible for annual account of the union and drawing of the balance sheet thereof. The
Secretary shall also be responsible to furnish all the returns to the Registrar of Trade Union.
19. The Secretary of the union shall extend all help to the General Secretary in
performance of his duties as such.
20. The Treasurer shall be responsible for keeping a true and proper account in regular
course of time in respect of income and expenditure of the union. He shall obtain vouchers for
every expenditure. He shall operate a bank account by signing a Cheque along with a President
or Secretary or in his absence by Joint Secretary of the Union.
An annual general meeting shall be held probably in the month of April soon after the
closing of financial year to transact the following business :
(a)

To consider report of Executive Committee presented by the President.

(b)

To elect office bearers of the Managing Committee.

(c)

To consider the audit report presented by the Joint Secretary.

(d)

Any other matter with the permission of the President.

21. The general meeting of the union shall be called by the General Secretary on the
direction of the President of the union for which a 10 days notice in writing shall be given to the
members. Such notice shall be affixed on the notice board of the union specifying therein the
agenda of the meeting and date, place and time thereof.
22. The funds of the union shall be made up by the admission fee subscription and
donations. The union accounts shall be opened in a bank which shall be operated by the joint
signature of President and Treasurer. However in absence of the President the Joint Secretary
shall be authorised to sign the cheque with the Treasurer. Cash exceeding Rs. 500/- shall not
be kept in hand and shall invariably be remitted to the bank.

23. The Joint Secretary shall get the accounts of the union audited by the competent
auditor appointed to the Executive Committee in accordance with the provision of Trade Union
Regulation applicable to the union.
24. These rules made by amended, substituted or omitted by a majority of 3/4th of
members present in the General Meeting.
25. A majority of 3/4th members present at a general meeting may decide to dissolve the
union or merge it with any other union as is passed by the members.
26. That an Executive Committee of the union shall send a notice of dissolution of the
union to the Registrar of Trade Unions in the manner provided under the Trade Union Act. The
Executive Committee shall also arrange for winding up the union, disposal of its assets and
distribution of proceeds thereof amongst the members.
Signed by
date and place
(4) Constitution of Rotary Club.
Article 1
The name of the organisation shall be Rotary Club.
Article 2
Territorial Limit
The territorial limits of this club shall be the revenue district of Allahabad.
Article 3
Objects.The objects of the club is to encourage faster ideas of service and to render
service for the mankind in general and for weaker section of society in particular and to
encourage its members to work for noble cause specially :
1. To develop acquaintances in order to find opportunity for rendering service.
2. To achieve high technical standard in business and profession in trade and
commerce and occupation and dignifying each Rtn. of his occupation as an
opportunity to serve the society in general and poor and the needy in particular.
3. Advancement of mutual understanding goodwill among the community specially
professionals and businessmen.
4. To organise meetings to educate people regarding health and hygienic problems and
to help them by providing medical aid and medicine.
5. To establish and run educational institutions to impart education of science and
technology.
Article 4
1. The club shall hold its meeting every week on Monday at 8.30 p.m. This date and time
may be changed within the mutual consent of the members decided from time to time.
2. The annual meeting for the election of the office bearers shall be held in the month of
June every year.
Article 5

1. There shall be 4 classes of members in the club, namely active members, Senior Active
Member, Service Members and Honorary Members.
2. Active Membership shall be awarded to those who are audit male persons of good
character and are engaged in business or profession or are holding important position in
executive capacity with any authority or company or business organisation.
Senior Active Members shall be those who have attained the age of 60 years and who have
been an active member of the club for atleast 10 years.
Service Members shall be those who have been the member of the club for the last 15 years
and have been participating in social services rendered by the club such during as floods, riots,
natural calamities and so on.
Honorary members shall be distinguished personalities of the town who are gifted with the
membership in recognition of their contribution to the society.
The Honorary Member shall be exempt from payment of admission fees and dues. The
Honorary Member will not have right to vote and not be eligible to hold office in the club. Any
such members cannot represent the club but he shall attend the meetings and enjoys all other
facilities and privileges available to a member of the club.
Article 6
Officers and Directors
1. Board of directors shall be the governing body of the club which shall be constituted
according to the bye-laws of the club.
2. The day today affairs of the club shall be managed by Board of Directors and all officers
of the club including employees shall be under the control of the Board of Directors. Any order
passed by the Board of Directors shall be appealable before the appellate committee which
shall be formed by elections.
3. Officers of the club shall be the President, the Vice-President, the Secretary and the
Treasurer and all such officers shall be director ex officio.
4. Election of the office Bearers shall be held in annual general meeting of the club before
30th June in each year, who shall take charge of their office on first day of July next. The
elected office bearers shall held office for a period of 12 months commencing on first day of
July.
5. The President shall be elected amongst the Director of the Board who shall take office on
the first day of Rotary year for which he is elected. In case of death of President in office senior
most Vice-President shall work as President till new election is held. Each Director shall be an
active or senior active or past service member of the club.
Article 7
Section 1
Every member of the club, except the honorary member, shall pay an admission fee of Rs.
500/- and annual fee of Rs. 10,000/- every year. A social active members are past service
member, who has been an active member of the club shall not be required to pay a second
admission fee.
Article 8

Duration of Membership
1. The membership of the club shall continue till the existence of the club.
2. An active membership shall automatically come to an end with such member ceases to
be personally engaged in the business or profession under which he has been classified in the
club or ceases to have his business or resident within the territorial limits of the club. However
the Board of Director may grant a special leave of absence of a period not exceeding one year to
any active member and in such a situation the membership shall not stand terminated.
3. The membership of an additional active member elected under provision of article 5
Section A of the constitution shall automatically come to an end with the termination of the
membership of the active member who proposed him if such additional active member is
promptly re-elected to membership he shall not require to second admission fee.
4. Past service membership shall automatically terminate on the date of next election.
5. Any members failing to pay his dues within 30 days of the time he was required to pay
his membership fee his membership shall stand terminated. Any member absenting himself in
3 consecutive meeting of the club shall lose his membership. Any active senior active or past
service as an officer of the Rotary International for a committeemen of Rotary International are
as a special representative of District governor and absenting of 3 consecutive meetings of the
club shall not be removed from the membership of the club. Any member whose attendance is
less than 60% during first or second six month shall also lose his membership automatically.
But a Senior Active Member or Past Members having attained the age of 65 years may request
the Board to waive the conditions of attaining more than 60% meetings of the club.
6. Any member found guilty of an offence by a Court of law shall be barred from attending
meetings of the club and if he has under appealed against the order of conviction or his appeal
has been rejected by the Appellate Court his membership shall be terminated.
7. Any member whose membership in the club has been terminated shall forfeit of interest
in any funds or property belonging to the club.
Article 9
1. The general welfare of the community at international level shall be concerned with
members questions concerning welfare of the community specially study and discussions of the
members.
2. The club shall not recommend active participation of his members in politics and
members are not expected to associate themselves in policies. The club shall not direct appeals
to government or organization in search of solution of international problems of political
nature.
Article 10
Official Publication
1. The club shall publish a monthly Journal to achieve its ideas and aims such Journals
for magazine shall be disturbed among the members free of cost and among the general public
against subscription.
Article 11
Acceptance of Objects and Compliance Constitution and Bye-laws

The member shall be faithful to club shall owner the constitution thereof and act in
accordance with the bye-laws of the club and shall see that reputation of the club is not put to
harm by his acts and behaviour.
Article 12
In case of any dispute between member and members, between director or member,
between officer and vis-a-vis relating to membership of the club for relating to breach of byelaws or the constitution of the club or to explain to any member the matter shall be settled by
arbitration. Each party in dispute shall appoint an arbitrator and arbitrator shall appoint an
Umpire and decision of such arbitrator and the Umpire are final and binding on the parties.
However the arbitrator or the Umpire shall be appointed amongst members of the club.
Article 13
Bye-laws
The club shall make bye-laws consistent with the constitution and such bye-laws may be
amended from time to time according to the need of the hour. The bye-laws shall be made to
ensure smooth functioning of the club and to achieve its objects.
Article 14
Amendments
The constitution of the club can be amended as provided there for by a simple majority of
person and voting.
(5) Memorandum of Association of citizens of a town
The name of the association shall be Ban Sagar Citizens Society. The registered office of the
society shall be at Ban Sagar in the district Sahdol in the State of M.P..
The aims and objects of the Society are as follows :
1. To cultivate habit of self help through mutual help among the citizens.
2. To give relief to poor and deserving persons by proving food, shelter, cloth, medicine
and money.
3. To arrange discourses on Geeta, Bible, Kuran and other religious scriptures.
4. To provide periodicals, magazines, newspapers for the benefit of the general public
to be used in the community hall of the association.
5. To construct, maintain, repair and make temples and to open Ashram to impart
education both religious and technical and to open and to run charitable
institutions and endowment.
6. To receive and collect subscription, donations and to acquire properties by means of
donations in favour of the association.
7. To manage properties of the association and to use them for the promotion and
fulfilment of aims and objects of association.
8. To arrange religious congregation and to invite religious personalities to give
sermons in such meetings.

9. To open and run Hospital, Library, educational institution irrespective of caste and
creed and to apply the income of the association to achieve aims and objects
thereof.
10. Management and control of the association shall lie in the hands of Management
Committee elected annually by the inhabitants of the locality known as Ban Sagar.
The following persons have been elected as members of the Managing Committee.
1. Mr. Mulk Raj
2. Mr. Vinod Kumar Gupta
3. Mr. Dilip Kumar Singh
4. Mr. Satish Kumar Singh
5. Mr. R.K. Bhatnagar
Rules and Regulations
Definition :
(a)

Society means : The Ban Sagar Citizens Society

(b)

The committee of management means managing committee mentioned herein

earlier and thereafter duly elected by the inhabitants of the Ban Sagar locality.

(c)

Member means : any person residing in the area of operation of the association.

(d)

Inhabitants means : Any male or female living in the area of the association of
society i.e. Ban Sagar and not less than 18 years age of and of sound mind and of
good character.

(e)

Financial year : year commencing on 1st day of April each year.

(f)

President : The President of the Association.

(g)

Treasurer : Treasurer means Treasurer of the association.

2. Committee of management shall include President, a Secretary, a Treasurer and 9 other

members duly elected annually at the meeting of the inhabitants except as provided under
clause 10 of the Memorandum of Association.
3. All properties of the association shall vest in the managing committee subject to the
rules and regulations of the association. The managing committee shall function for one year
from day of taking office. Members of the committee shall be eligible for re-election. Any casual
vacancy in the managing committee will be filled by a resolution passed by the members of the
managing committee.
4. The managing committee shall meet once in a month. A record of all the proceedings of
such meetings shall be properly maintained by the Secretary of the association.
5. The Treasurer shall be responsible for keeping properly account of the income and
expenditure of the association. A committee of manage- ment shall utilise the funds of
association only to achieve the aims and objects of the association.
6. The managing committee may frame by-laws for smooth functioning of the association.
7. Members of the committee shall not be entitled to any remuneration or allowances.
8. The President shall preside over meetings of the society and in his absence the senior
most member of managing committee shall preside over the meeting.
9. Duties and power of the Secretary are as under :

(a)

To check and verify accounts maintained by the Treasurer and sign the cash book.

(b)

To sign and issue notices calling meeting of the managing committee and the
inhabitants.

(c)

To make correspondence.

(d)

To operate account kept in a bank jointly with the signature of the Treasurer.

(e)

To sanction expenses.

(f)

To supervise and control the employees of the association.

Treasurer

1. Treasurer of the association shall receive subscription, donation in cash or kind or both
and account the same in books of association and to operate account of the association jointly
with the Secretary.
2. To get the account of the association audited by the auditors and to put up the audit
report before the managing committee for its approval and action.
Auditors
1. At the annual meeting of the association an auditor shall be elected who shall be
responsible for audit of all the accounts of the association and to prepare a report on annual
accounts for submission to the managing committee.
2. The annual general meeting shall be held as soon as possible after the end of the
financial year to consider the annual report presented by the Secretary of the association on
behalf of the managing committee. Such annual general meeting shall also consider the
audited accounts of the association and elect members of the managing committee including a
President, a Secretary and a Treasurer.
Quorum of the Meetings
25. Quorum of an ordinary general meeting shall be of 25 inhabitants while that of Annual
General Meeting shall be of 45 inhabitants. But quorum of a managing committee meeting
shall be 5 members. All the resolutions in such meetings shall be passed by simple majority.
26. Any amendment in these rules and regulations may be made by special general meeting
called for this purpose by passing resolution by simple majority.
27. For any other matter the decision of the general body of the association shall prevail.
(6) Memorandum of a Bar Association
NAME
1. The association shall be called The Allahabad Sales Tax Bar Association.
ADDRESS
2. The Registered office of the Association shall be at Sales Tax Office Building, M.G. Marg,
Allahabad, U.P.
OBJECTS
The aims and objects of the association shall include :
(a)

to protect the interest of its members and privileges of the legal profession.

(b)

to cause to be removed the difficulties of its members in respect of professional

practice and procedure.

(c)

to provide facilities and amenities to its members to facilitate discharge of their

professional duties.

(d)

to organise meetings and conference to bring its members in touch with the latest
position of the Sales Tax Laws and thus to raise the professional standard, and

(e)

to do any other act or things which it may think appropriate or conducive to or

desirable for achieving its objects or any of them.
JURISDICTION

3. The area of operation of the association shall be the whole revenue district of Allahabad.
MEMBERSHIP
4. Any advocate or accountant (as defined under the Uttar Pradesh Sales Tax Rules, 1948)
practising Sales Tax Laws and ordinarily residing in the revenue district of Allahabad shall be
eligible to become member of the association provided he has put in at least six months
practice of the Sales Tax Laws.
5. An advocate or accountant who participated in the general meeting of the association
which adopted this constitution and put on his signature over it or has given his consent in
writing before the adoption of the constitution to become a member of the Association shall be
called founder member.
6. Any person mentioned in clause 4 hereof may be admitted to the membership of the
association and such members shall be called enrolled member.
7. Any other person, because of his any special qualification, may be gifted with the
membership of his association and such member shall be called horonary member.
8. Any member found guilty of misconduct may be expelled from the association in the
manner provided hereinafter.
MANAGEMENT
9. All the members shall constitute the general house of the association which shall be the
Supreme Authority.
10. The affairs of the Association shall be managed by a governing body called Executive
Committee which shall consist of the following elected office bearers :
1.

President

2.

Senior Vice President

3.

Junior Vice President

4.

Secretary

5.

Joint Secretary-I

6.

Joint Secretary-II

7.

Treasurer

8.

Librarian

9.

Chairman of conciliation committee, and

10. Seven other executive members.

11. The immediate Past President and Secretary shall be the Ex-Officio members of
the Executive Committee.

11. Any member who has put in at least 15 years practice shall qualify to become President
and Vice-Presidents but for Secretary such qualifying period shall be only 5 years. No members
shall become an office bearer unless he has minimum two years of practices behind him.
Provided that the present office bearers shall continue to hold office for the full term of 198586 irrespective of any thing contained otherwise in these articles.
Explanation.For the purpose of determination of length of practice of a member, the date
of enrolment or registration, as the case may be, by his governing body shall be taken as the
starting point of practice
12. The terms of the office bearers shall expire on 30th day of April every year. The election
of the new office bearers shall be held before 30th April and the new team of officials shall take
over charge of the office after holding of the annual general meeting as required under Article
25 of this Constitution.
13. The Chairman of the Conciliation Committee shall be a member who is qualified to
become president.
14. The Conciliation Committee shall consist of 5 members including its elected Chairman,
remaining four members shall be appointed by the President with the concurrence of the
Chairman of this Committee.
DUTIES OF THE OFFICE BEARERS
15. The President shall be the Chief Executive Officer of the associa tion. All other office
bearers shall work under his direct supervision and control. However, the President shall be
guided by the directions of the Executive Committee.
16. In the absence of the President the Senior Vice-President and in his absence the Junior
Vice-President, shall act as President.
17. The Secretary shall be responsible for maintenance and safe custody of the records
particularly the Membership Register and the Proceedings Book. He will record the proceedings
of meetings correctly and precisely. He will do everything necessary to execute the decisions of
the general body and executive committee under the guidance of the President. He will receive
applications for members and produce it before the executive committee for disposal. He shall
produce any record demanded by any member for his inspection.
18. The Treasurer shall keep upto date account of funds of the association. He will also
prepare a list showing dues against members quarterly and hand it over to the President for his
action.
19. In the absence of the Secretary, the Joint Secretary shall act as Secretary, and in the
absence of both, the President shall appoint any member of the executive committee to act as
Secretary.
20. Any dispute touching the affairs of the association shall be referred to the Chairman of
the Conciliation Committee. The Chairman shall call the meeting of the Conciliation Committee
and after examining the matter in the manner as it deems fit, the Conciliation Committee will
submit its decision to the President which shall be final subject to an appeal against it to the
General House.
21. No address shall be given or any demonstration or representation shall be made in the
name of the association without the sanction of the Executive Committee.
RIGHTS AND LIABILITIES OF MEMBERS

22. No member shall act in any manner against the interest of the Association.
23. Every member shall contribute such amount to the association as is fixed by the
Executive Committee from time to time.
24. Any member who has completed two years as a member of the Association, can, if
otherwise qualified, seek election for any office of the association provided there are no
outstanding dues of the association against him.
MEETINGS
25. There shall be held an Annual General Meeting of close of the year within a month
which will consider annual report prepared by the Executive Committee and audited accounts.
26. The General Body shall be called to meet, twice a year which shall transact business
put before it by the Executive Committee. Provided that the General Body shall as far as
possible will be called within six months from the last date of meeting of General House.
27. Seven days notice for ordinary general meeting and three days notice for the executive
committee meeting shall be necessary but in case of emergency the President may call such
meetings within twenty four hours, which shall be called extra ordinary meetings.
28. For special general meeting and Annual General Meeting 14 days notice in writing to all
members shall be given.
29. The quorum for the Annual General Meeting, special General Meeting and ordinary
General Meeting shall be one third of the members on record and for any other committee it
will be 50% of the strength of such committee.
30. Any resolution, if not adopted unanimously, shall be deemed to have been passed by the
meeting if,
(a)

In case of Annual General Meeting, ordinary General Meeting, and executive

committee meeting more than 50% of the members.

(b)

In case of special General Meeting 75% of the members present.

(c)

In any other case a simple majority of the members vote in its favour.

31. A summary report about the proceedings of such and every meeting shall be brought to
the notice of the members by the Secretary through the notice board. However, the proceedings
of the Conciliation Committee shall be confidential and shall not be made public without the
express sanction of the General House.
32. The quorum of any adjourned meeting shall be reduced by one third of its original
quorum.
FUNDS
33. Funds of the association shall be formed by any or all of the following sources :
(a)

periodical collection from members as regular subscription fixed by the Executive

Committee,

(b)

Donations from members, businessmen and professionals.

(c)

sale of publications and advertisements in such publications.

34. Account of the association shall be opened in any bank which shall be operated by the
joint signatures of the Treasurer and President or Secretary.

35. The Treasurer shall issue receipts for every payment to the association and spend
money only on written instruction of the President if any single transaction exceeds Rs. 750/-.
For every expenditure for an amount that exceeds Rs. 750/-, the authority of Executive
Committee shall be obtained and similarly for every amount exceeding Rs. 2000/- for single
transaction, the authority of shall be imperative. Every expenditure shall be vouched.
AUDIT
36. The Secretary shall cause to be produced all accounts and registers before the auditor
who shall examine it and submit his report to the President within a week. The audit report
shall be considered by the Executive Committee and shall be recommended by it to the Annual
General Meeting for acceptance.
MISCELLANEOUS
37. The Executive Committee may frame by-laws to carry out the purposes of this
memorandum which may provide for all matters in respect of election of the office bearers,
enrolment of the members, disposal of disputes touching the affairs of the association, raising
of funds and other likewise matters. Such by-laws shall come into force only after the approval
of the General House.
38. Every candidate seeking election to any office of the association shall be required to pay
a fee is prescribed by the Executive Committee, which shall be not less than Rs. 25/- and more
than Rs. 50/-, prior to his filing of the nomination paper for the purpose. The such amount will
not be refundable in any case.
39. The Secretary shall be the person who, if need be shall sue and shall be sued on behalf
of the association.
40. Any vacancy in the executive committee during a year shall be filled up by the
committee itself.
41. The association may become member of any Bar Association where it shall be
represented by a representative or representative elected by the General House.
42. Any member found guilty of misconduct shall be expelled for a specific period by the
house in a special general meeting called for the purpose in which the affected person shall be
given opportunity of being heard.
43. If a member continues to be a defaulter in respect of payment of subscription or other
dues of the Association for a period of more than one year, he shall cease to continue as
member of the Association as the Executive Committee decides providing a reasonable
opportunity of being heard.
44. Any person desirous of becoming member of the association will apply to Secretary in
the prescribed form framed by Executive body from time to time. Such application should be
recommended by at least two members out of which one should be a founder member. The
name of the existing founder members are as under :
1. Ashwani Kumar Mishra
2. Devendra Singh
3. Ganga Ram Gupta
4. K.B Srivastava
5. Mahendra Pratap Gupta

6. Mansha Ram Jaiswal

7. N.K. Arora
8. Nand Kishore Agarwal
9. Rajesh Kumar
10. R.K. Chopra
11. S.N. Darbari
12. Sita Ram Yadav
45. No member shall have voting right in any meeting or election of the association unless
he has been its member for a period of not less than one year.
46. Any five members of the Executive Committee may request the President to call a
meeting of such executive committee and the President shall instruct the Secretary to call such
meeting within 3 days.
47. Any 15 members of the Association may ask the President to call a meeting of the
General House to consider some specific and urgent matter and the President on receipt of
such request in writing direct the secretary to call such meeting within a week. No other matter
except for which such meeting has been called, shall be considered in it.
48. Where any meeting of the association is scheduled to discuss any difficulties caused by
erroneous working of the Sales Tax Department, the President may invite any Sales Tax
Authority to attend such meeting as a special invitee.
49. Servants of the association shall be in the administrative control of the President.
50. On all other matters not specifically inserted herein the provisions of the Societies
Registration Act, 1960 shall be followed.

13. COMPANY
SYNOPSIS
1. General.
2.

Recovery proceedings

3. Model Forms :
(1) Articles of Association of a company
(2) Transfer of shares
(3) Memorandum of Association
(4) Notices
(5) Resolutions
(6) Regulations for management of a company limited by shares
(7) Matters to be specified in prospectus of a company and reports to be

set are therein

(8) Agreement between the two companies to amalgamate
(9) Notice to share holders for reduction of share capital

1. General.A company may be formed by any sever or more persons associating for any
lawful purpose by subscribing their names to the memorandum of association and complying
with the requirements of the Companies Act in respect of registration. However a Private
Limited Company may be formed by any two or more persons such company may be either a
company having the liability of its members limited by the memorandum to the amount if any,
unpaid on the shares respectively held by them called a company limited by shares, or a
company having the liability of its members limited by the memorandum to such amount as
the members may respectively undertake by the memorandum to contribute to the assets of
the company in the event of its being wound up, called a company limited by guarantee or a
company not having any limit on the liability of its members, called an unlimited company.
For getting a company registered with the registrar of the companies first of all availability
of a name of the proposed company has to be ascertained where after following formalities have
to be gone through:
(1)

Memorandum of Articles of association of the company should be got printed and

duly stamped.

(2)

Subscribers to the memorandum and Articles of Association should in their

handwriting write the number of shares taken, their addresses, description
occupation and should sign the documents in presence of atleast one witness
shall attest signature of the subscriber and write his address description
occupation.

(3)

Following documents should accompany the memorandum of Articles:

own
and
who
and

(a)

Declaration in form No. 1 signed by the advocate or the chartered Accountant

entrusted with the formation of the company. In absence of such advocate or
Chartered Accountant the director, managing director, manager or secretary
may sign and this has to be witnessed.

(b)

Notice on form No. 18 of situation of registered office of the company.

(c)

Particulars of directors of the company in form No. 32 in duplicate.

However, in case of public companies following additional documents have to be furnished

along with the memorandum of Articles:
(a)

Consent to act as director in form No. 29.

(b)

A letter stating the main objects of the company.

A memorandum of association is a charter of the company in which all powers and objects
of the floating of the company should be given. The memorandum of association contains
fundamental conditions on which the company is incorporated and it defines and confines the
power of the company. The purpose of this document is to enable the share holders, creditors
and all those who deal with the company to know its powers, its range of activities or
enterprise. The memorandum must be printed divided in duly numbered paragraphs and
signed by the subscribers there to in the manner aforesaid. The memorandum of a company
has to state (a) the name of the company with limited as the last word in the name where the
company is a public limited company and private limited as last word of the name where the
company is a private limited company (b) The state in which the registered office of the

company is situate (c) Where company is in existence immediately before the commencement of
the companies Act 1956, the objects of the company and where the company is formed after
the commencement of the Act, the main objects of the company and objects incidental or
ancillary to the attainment of the main objects and other objects not included in the main
objects or ancillary or incidental objects. It shall also state about the liability of the members of
the company.
The memorandum of a company limited by shares must disclose the following:
(a)

Name of the company.

(b)

State in which registered office of the company is situate.

(c)

Objects of the company.

(d)

Extent of liability of members.

(e)

Proposed amount of capital and division in shares of fixed amount.

(f)

Declaration of association.

The Articles of association contains regulation of a company. In case of an unlimited

Company, it has compulsorily to be filed while it is optional in case of a public company limited
by shares. In case of an unlimited company and a guarantee company. The Articles of
Association shall state the number of members and if the unlimited company has a share
capital the amount of share capital with which it is to be registered.
Where the Registrar is satisfied that all requirements are complied with, he will retain the
memorandum and Articles and register it. He shall there after certify that the company has
been duly incorporated, that in case of limited company is limited and issue a certificate of
incorporation of the company. When the Registrar accepts the memorandum and Articles of
Association the registration of the company comes into effect.
Whether when a Board meeting is to be held, it is necessary to give notice not only of
meeting but of the business to be transacted at the meeting. As a matter of prudence it is very
often done and it is very wise thing to do but there is immense difference between meeting of
shareholders or corporators and meeting of those whose business is to attend to the
transaction of affairs of the company or corporation. It is not uncommon for directors
conducting the companys business to meet on stated days without any previous notice being
given either of the date or of what they are going to do. Being paid for their services, as they
generally are - it is their duty to go when there is business to be done and attend to that
business whatever it is and it cannot be said that as matter of law, the business conducted at
the directors meeting is invalid if the directors have had no notice of the kind of business which
is to come before them. Such a rule will be extremely embarrassing in transaction of business
of companies.
Agenda of a meeting may be either brief or in detail. Headings of business to be transacted
in a scheduled meeting are given in a brief agenda while full details of the items to be
considered at a meeting are given in detailed agenda which is a better form and is more
informative.
Minutes are official record of proceedings and decisions reached at a meeting. Usually
secretary takes notes of the proceedings of a meeting, afterwards records it in the minute book
and reads over the same in the next meeting where after the chairman puts them to vote. The
chairman signs them if approved and if any amendment is brought, such amendments are

made and initialled by the chairman. Thus the objective of keeping a minute book is to
preserve a clear, concise and accurate record of the business transacted in a meeting.
Every company has to keep proper books of account at its registered office with respect to
all sums of money received and expended by the company and the matters in respect of which
the receipt and expenditure takes place, all sales and purchases of goods by the company, the
assets and liabilities of the company and in case of a company pertaining to any class of
companies engaged in production, processing, manufacturing or mining activities such
particulars relating to utilisation of material or labour or to other items of cost as may be
prescribed, if such class of companies is required by the Central Government to include such
particulars in the books of accounts.
The balancesheet and profit and loss account of the company must give a true and fair view
of the state of affairs of the company at the end of the financial year and true and fair view of
the profit and loss of the company for a financial year. Such balance sheet and profit and loss
account shall be approved by the Board of Directors and a report by the Board of Directors
shall be annexed to the balance sheet with respect to state of companys affairs, the amounts
which if proposes to carry to any reserves in such balance sheet, the amounts, if any, which it
recommends should be paid by way of dividend and material changes and commitments, if any,
affecting the financial position of the company which have occurred between the end of the
financial year of the company to which the balance sheet relates and the date of the report.
Dissolution of a company is recorded in the books by the Registrar when order of
dissolution is made by the court when the affairs of the company have been completely wound
up or when the court is of the opinion that the liquidator cannot proceed with the winding up
of the company for want of funds and assets or for any other reason whatsoever and such order
is forwarded to the Registrar by the liquidator.
A company may be wound up voluntarily when the period if any fixed for duration of the
company by the articles has expired or the event if any has occurred on occurrence of which
the articles provide that the company is to be dissolved and the company in general meeting
passes a resolution requiring the company to be wound up voluntarily.
On the appointment of a liquidator all the powers of the Board of Directors and of managing
and whole time directors, managing agents, secretaries, treasurers and managers if there be
any, shall cease except for the purpose of giving notice of such appointment to the registrar. In
case of voluntary winding up, subject to provisions of the Companies Act 1956 as to
preferential payments the assets of a company shall, on its winding up, be applied in
satisfaction of its liabilities pari passu and subject to such application, shall, unless the
articles otherwise provide, be distributed among the members according to their rights and
interests in the company.
2. Recovery proceedings
In absence of a clear provision, the Companies Act cannot be held to give way to another
Act providing for recovery only leaving the rights and liabilities of the parties to be dealt with
under a general law.
In the instant case appellant is a Govt. Company. It is engaged in conduct of chitties.
Company C together with its sister concern took loan from it. They failed to repay the said
loan. A recovery proceeding was initiated against the defaulting Company under the Kerala
Revenue Recovery Act, 1968. A notification was issued in that behalf in terms of Section 71
thereof. The properties belonging to the defaulting Company were attached. In the meanwhile,

the Company went for voluntary liquidation. A provisional liquidator was appointed. Appellant
was informed thereabout. In the pending company proceeding appellant filed an application
seeking leave to proceed with the sale of the properties, which was objected to, inter alia, on the
premise that the charge in respect of the alleged debt was not registered with the Registrar of
Companies and, thus, it was an unsecured creditor. The respondent, Official Liquidator made
prayer for a direction upon appellant to surrender the original documents. The application for
leave to proceed with the revenue recovery proceeding was rejected by the High Court.
Held, refusal by High Court to exercise its discretionary jurisdiction under Section 446 and
rejection of application was proper. [Kerala State Financial Enterprises Ltd. v. Official Liquidator,
High Court of Kerala, AIR 2007 SC 63].
3. Model Forms :
(1) Articles of Association of a company
1. The name of the Company shall be The Prayag Fabrication Private Ltd. (incorporated
under the Companies Act 1956).
2. The capital of the company is Rs. 19 lacs divided into nineteen thousands shares having
face value of Rs. 10/- each and payable Rs. 5/- on application and balance on allotment.
3. The company shall be private Ltd. Company and therefore public shall not be invited to
subscribe the shares of the company or its debentures if any. Members of the company shall
not exceed 25 and the joint holders of the shares of the company for this purpose shall be
considered as one member.
4. The company shall get itself registered with the Registrar of the companies and soon after
getting registration the Director of the company gives effect to the agreement between the
Indian Journal of Power and River Valley Development and Indian Mining Journal in one hand
and the company on the other, to acquire business as stated in the memorandum of
association of the company.
5. The shares of the company shall be under the control of the Board of Directors. Any
member desirous of acquiring the shares of the company may apply to the Board of Directors
and Directors after considering such application may allot shares of the company in such
number to such person or persons at its discretion by the Board of Directors.
(2) Transfer of shares
1. Shares of the company may be transferred in favour of sons, daughters, wives or other
legal heirs of a member of the company. However any holder of the share shall not be entitled to
sell its holding to any other person. The transferee of the shares shall become a holder of the
shares only after the name of the transferee is entered into register of members of the company.
2. Any share holder of the company may express his intention to transfer his holding of
shares to any person in writing and Board of Director of the Company may at their discretion
transfer such shares to such other person provided a part of holding shall not be transferred in
favour of such other person.
3. Any member desirous of transfering his shares of the company shall give a notice in
writing giving details of the shares and details of the person he intended to transfer. Such
notice shall be given to Board of Directors of the company and the Board of Directors may at its
discretion transfer such share in favour of the purchaser.

4. That the transfer of shares of the company shall be finalised within a month of receipt of
an application for the purpose.
5. If the Board of Directors did not dispose of the application within the stipulated period
they shall inform the vendor of the shares that they are looking out for some other bona fide
purchaser of shares and if the vendor expresses his willingness for transfer of the shares to any
other person the Board of Directors may in due course of time finalise the name of the
purchaser of the shares and sell to the purchaser on payment a fair value.
6. The vendor shall be at liberty to sell the share through the Board of Directors and in
case he agrees to sell the shares at the rate fixed by the Board of Directors he shall give his
consent in writing to the Board for transfer of shares in favour of purchaser.
7. The auditors of the company shall make a fair valuation of shares of the company and
shall put up the report before the general meeting of the company every year and the company
shall by its resolution fix the price of the shares as valued by the auditors in its general
meeting.
8. There shall be 3 Directors in the company, each director shall be required to hold at least
100 shares in the company.
9. The Directors of the company shall get such remuneration and allowances and
perquisites as is decided by the company in its general meeting from time to time. The following
members shall be the Directors of the company for the first time :
(1)

R.C. Sinha s/o B.C. Sinha, Subhas Road, Alld.

(2)

Shri Purshottam Dass Agarwal, s/o Shri Bhagwandas Agarwal, Chowk, Allahabad.

(3)

Shri C.D. Gupta, s/o Shri B.K. Gupta, r/o J.N. Mulla Road, Allahabad.

10. The Board of Directors shall have powers to appoint additional Director to assist the
Directors in performance of their duties. Such additional Director shall hold the office up to the
date of next annual general meeting of the company.
11. The Managing Director shall be responsible for the efficient control and supervision of
the business of the company and such Managing Director shall work under the supervision of
Board of Director.
12. Such Managing Director shall be appointed from amongst the Directors from the
company and shall not hold office for more than 5 years at a time.
13. The Directors of the company shall retire every year, but shall be eligible for re-election
to the office of the Director.
14. The office of Director shall be vacated if:
(a)

any Director does not hold minimum of 100 shares of the company, at any point of
time.

(b)

is found to be of unsound mind by a Court of law.

(c)

has become insolvent or has applied to become adjudged as insolvent.

(d)

has been convicted under the law of the country for any offence or has been
sentenced to imprisonment for not less than 6 months or has failed to pay any call
money in respect of shares of the company held by him whether individualy or
jointly with others for more than 6 months from the date of such call.

(e)

or has been found to be interested in a business similar to that of the company

whether directly or indirectly without consent of the Board of Directors, of the
company.

15. The meeting of the Board of Directors shall be held at least once in 3 months. Quorum
of such meeting shall be of two members. Notice of meeting of Board of Directors shall be given
in writing at least 24 hours in advance to every director.
16. The first annual general meeting of the company shall be held within 15 months from
the date of its incorporation and once in a year thereafter probably within 9 months from the
date of closure of the accounting year of the company.
17. Members shall be given notice in writing at least 30 days in advance for holding an
annual general meeting. There shall be specific mention of the place, date and time of the
meeting and statements of the business to be transacted by the meeting.
18. Every person shall have one vote. Any member may appoint a proxy in respect of shares
held by him. Chairman shall also have right to cast his vote.
19. Proper books of account shall be kept or caused to be kept by the Board of Directors.
20. The books of accounts shall be maintained at the registered office of the company and
shall be opened for inspection of the Directors during office hours.
21. The Board of Directors shall cause to be prepared and laid before the annual general
meeting of the company the profit and loss accounts and balance sheet along with its report.
22. The accounts of the company shall be examined by the Auditor of the company who
shall certify the correctness of the balance sheet and the profit and loss accounts.
We the following persons whose names , addresses and descriptions have been given here
under are desirous of being formed into a private Ltd. Company in pursuance of this
memorandum of association and we have agreed to take at least 100 shares in the capital of
the company more specifically mentioned against our respective names.:
Name

Address

No. of Shares to be held

Signature

(3) Memorandum of Association

1. The name of the company shall be Shakuawa Company Limited.
2. The registered office of the company will be situate in the State of Delhi.
3. The objects of the company shall be as follows:
(i)

To carry on the activities of manufacturing chemists and druggists, import drugs,

medicines, chemicals to be used as raw material and medical apparatus,
instruments and machines for use in production of medicines.

(ii)

To export medicinal preparations, medicines, chemicals to other countries.

(iii) To supply medicines, medical apparatus and instruments to hospitals and nursing
homes.

(iv) To enter into contracts for supply of chemicals, drugs medicines, patent, medical
apparatus and instruments to hospitals, nursing homes, chemists and druggists,
compounders, dispensaries and medical practitioners.
(v)

To manufacture rubber goods required by hospitals, nursing homes, medical

practitioners, compounders and dispensaries.

(vi) To manufacture elastic and plastic goods and to sell, supply or distribute the same
to hospitals, nursing homes, medical practitioners and to export the same to other
countries.
(vii) To cultivate herbs and plants containing medicinal properties to be used in
production of medicines.
(viii) To construct, build, purchase or acquire any building, laboratory, workshop or
godown for production and storage of medicines.
(ix) To open stalls in exhibitions, fairs, cultural gatherings for publicity and sale of
products of the company.
(x)

To advertise and exhibit the products of the company to capture market share.

(xi) To issue bills of exchange and other negotiable instruments, cheques, hundis,
railway receipts, bilties, promissory notes and accept such documents.
(xii) To issue, take, acquire, purchase shares, stocks, debentures and other securities
and dispose, sell, transfer, mortgage such shares and securities.
(xiii) To manufacture and deal in mineral and aerated water including cold drinks and
sharbats of all kind.
(xiv) To manufacture, sell, improve, treat, collect, preserve, aerate, mineralize, purify
and bottle and deal in mineral and aerated water.
(xv) To manufacture and deal in anatomical orthopaedic and surgical instruments and
appliances of all kinds.
(xvi) To manufacture iron lungs and similar other appliances and machinery to be used
in treatment of patients particularly the injured patients.
(xvii)

To borrow and raise money and to take any goods, appliances, plants and
machinery on hire.

(xviii)

To enter into any contracts or arrangements with any firm, association, local
authority, government department or depart- mental store for supply of finished
goods manufactured by the company.

(xix)

To carry on business of advertising agents and contractors, and to prepare,

advice, devise, manufacture and construct advertising device and advertise
though media, hoardings, hand bills, paintings on wall, electri signs films, T.V.,
radio and internet.

(xx)

To do all such acts or thing which the company may think appropriate,
beneficial and conducive to or desirable for achieving the objects of the company
or any one of them.

(xxi)

The liability of the members is limited.

(xxii)

The capital of the company is Rs......... divided into .............. shares of Rs. 10.00
each out of which ........ shares shall be preferred and participating to which as
to the ordinary shall be attached the rights, privileges and conditions in that
behalf specified in the Article of Association.

(xxiii) The company may increase the capital from time to time by raising the
authorised capital.
(xxiv)

To purchase or otherwise acquire all or any part of the business, property and
liabilities of any person or company.

(xxv)

We the several persons, whose names and addresses are subscribed below are
desirous of forming a company in pursuance of the aforesaid memorandum of
association and have agreed to subscribe for the number of shares set against
our respective names and have signed the memorandum in the presence of the
witnesses as shown below:

Name,
address
andNumber of share taken byNames,
addresses
and
description of subscriber each subscriber
description of witnesses.

(4) Notices
Notice is hereby given that an ordinary general meeting of the ............ Company Ltd. shall
be held at the registered office of the company situate at ............. on the ........... day of ...........
2001 at ..........am/pm for the following purposes :
(1) To receive and consider annual statements of account and balance sheet and the report
of the Directors;
(2) To elect directors in place of Mr. .............. and Mr. ............. who are retiring by rotation
and who are eligible for being re-elected;
(3) To sanction declaration of dividend as recommended by the Board of Directors, and
(4) To transact other ordinary business of the company.
The share transfer book of the company shall remain closed from .............to ...........
Share holders unable to attend the meeting in person may execute the proxies attached
herewith and file them before 72 hours of the said meeting.
Notice of extraordinary general meeting for
passing special resolution
Notice is hereby given that an extraordinary general meeting of the company shall be held
at the registered office of the company situate at ............ on ............. at ............. oclock when
the following resolution will be proposed as a special resolution.
(Set out the resolution here)
Notice of ordinary and Extra-Ordinary General Meeting to be
held on the same day.
Notice is hereby given that an Extra-Ordinary General Meeting of the ............... Co. Ltd. will
be held at ............. on ..........at........oclock when the following resolution will be proposed.
(Set out the resolution)

And notice is hereby given that at the same place and on the same day at........oclock or
soon after wards said extra-ordinary general meeting shall be followed by an ordinary general
meeting of the company to transact the following business:
1. To receive and consider the annual statements of account and balance sheet and
report of the Directors:
2. To elect directors in place of those retiring by rotation.
3. To sanction declaration of dividend as recommended by the Directors and,
4. To transact any other ordinary business of the company.
(5) Resolutions
(A) Resolution of the shareholders for alteration in Articles of the company.
Resolved by special resolution that the following articles of the company be amended in the
following manner:
(1)

Article no...........be deleted.

(2)

In article No. ............the words .............. be substituted by the words ..............

(3)

Following article ............... be inserted after article no......... and be numbered as

article No...........

(4)

Following article be substituted for article No. ............

(B) Resolution for appointment of sole selling agents

Resolved that the company hereby appoints ............... the sole selling agents of the
company in the States of Haryana and Delhi for a period of two years commencing from
1.4.2002. The terms and the conditions of the agreement shall be put up before the meeting of
the Board of Directors which is hereby authorised to enter into agreement with the said sole
selling agents and affirm the common seal of the company to the said agreement. This
resolution be registered with the Registrar of the companies within 30 days hereof.
(C) Resolution for authorising the Board to appoint alternative director.
Resolved that the Board of Directors of the company be and is hereby authorised to appoint
Mr. .....................as alternate director in place of Mr. ................who is away from the country
and Mr. .............so appointed shall vacate the office as alternate director when said
Mr. .............. returns back to the State.
(D) Resolution for winding up of the company
Whereas the company was organised to undertake and complete the construction of 6
buildings on contract and whereas the said all six buildings have been completed and whereas
the Articles of Association of the Company do not provide for taking up further contract for
construction, it is hereby resolved voluntarily to wind up the Company.
(6) Regulations for management of a company limited by shares
Interpretation
1. (1) In these regulations,
(a)

the Act means the Companies Act, 1956

(b)

the seal means the common seal of the company.

(2) Unless the context otherwise requires, words or expressions contained in these
regulations shall bear the same meaning as in the Act or any statutory modification thereof in
force at the date at which these regulations become binding on the company.
Share capital and variation of rights
2. Subject to the provisions of Section 80, any preference shares may, with the sanction of
an ordinary resolution, be issued on terms that they are, or at the option of the company are
liable, to be redeemed on such terms and in such manner as the company before the issue of
the shares may, by special resolution determine.
3. (1) If at any time the share capital is divided into different classes of shares, the rights
attached to any class (unless otherwise provided by the terms of issue of the shares of that
class) may, subject to the provisions of Sections 106 and 107, and whether or not the company
is being woundup, be varied with the consent in writing of the holders of three-fourths of the
issued shares of that class, or with the sanction of a special resolution passed at a separate
meeting of the holders of the shares of that class.
(2) To every such separate meeting, the provisions of these regulations relating to general
meetings shall mutatis mutandis apply, but so that the necessary quorum shall be two persons
at least holding or representing by proxy one-third of the issued shares of the class in question.
4. The rights conferred upon the holders of the shares of any class issued with preferred or
other rights shall not, unless otherwise expressly provided by the terms of issue of the shares
of that class be deemed to be varied by the creation or issue of further shares ranking pari
passu therewith.
5. (1) The company may exercise the powers of paying commissions conferred by Section
76, provided that the rate per cent, or the amount of the commission paid or agreed to be paid
shall be disclosed in the manner required by that section.
(2) The rate of the commission shall not exceed the rate of five per cent, of the price at
which the shares in respect whereof the same is paid are issued or an amount equal to five per
cent, of such price, as the case may be.
(3) The commission may be satisfied by the payment of cash or the allotment of fully or
partly paid shares of partly in the one way and partly in the other.
(4) The company may also, on any issue of shares, pay such brokerage as may be lawful.
6. Except as required by law, no person shall be recognised by the company as holding any
share upon any trust, and the company shall not be bound by, or be compelled in any way to
recognise (even when having notice thereof) any equitable, contingent, future or partial interest
in any share, or any interest in any fractional part of a share, or (except only as by these
regulations or by law otherwise provided) any other rights in respect of any share except an
absolute right to the entirely thereof in the registered holder.
7. (1) Every person whose name is entered as a member in the register of members shall be
entitled to receive within three months after allotment or within two months after the
application for the registration of transfer (or within such other period as the conditions of
issue shall provide),
(a)

one certificate for all his shares without payment; or

(b)

several certificates, each for one or more of his shares, upon payment of one rupee
for every certificate after the first.

(2)

Every certificate shall be under the seal and shall specify the shares to which it
relates and the amount paid-up thereon.

(3)

In respect of any share or shares held jointly by several persons, the company shall
not be bound to issue more than one certificate, and delivery of a certificate for a
share to one of several joint holders shall be sufficient delivery to all such holders.

8.

If a share certificate is defaced, lost or destroyed, it may be renewed on payment of

such fee, if any, not exceeding (two rupees), and on such terms, if any, as to
evidence and indemnity and the payment of out-of-pocket expenses incurred by the
company in investigating evidence, as the directors think fit.
Lien

9. (1) The company shall have a first and paramount lien,

(a)

on every share (not being a fully-paid share), for all moneys (whether presently
payable or not) called, or payable at a fixed time, in respect of that share, and

(b)

on all shares (not being fully-paid shares) standing registered in the name of a
single person, for all moneys presently payable by him or his estate to the
company:

Provided that the Board of Directors may at any time declare any share to be wholly or in
part exempt from the provisions of this clause.
(2) The companys lien, if any, on a share shall extend to all dividends payable thereon.
10. The company may sell, in such manner as the Board thinks fit, any shares on which
the company has in lien:
Provided that no sale shall be made,
(a)

unless a sum in respect of which the lien exists is presently payable; or

(b)

until the expiration of fourteen days after a notice in writing stating and demanding
payment of such part of the amount in respect of which the lien exists as is
presently payable, has been given to the registered holder for the time being of the
share or the person entitled thereto by reason of his death or insolvency.

11. (1) To give effect to any such sale, the Board may authorise some person to transfer the
shares sold to the purchaser thereof.
(2) The purchaser shall be registered as the holder of the shares comprised in any such
transfer.
(3) The purchaser shall not be bound to see to the application of the purchase money, nor
shall his title to the shares be affected by any irregularity or invalidity in the proceedings in
reference to the sale.
12. (1) The proceeds of the sale shall be received by the company and applied in payment of
such part of the amount in respect of which the lien exists as is presently payable.
(2) The residue, if any, shall, subject to a like lien for sums not presently payable as existed
upon the shares before the sale, be paid to the person entitled to the shares at the date of the
sale.
Calls on shares

13. (1) The Board may, from time to time, make calls upon the members in respect of any
moneys unpaid on their shares (whether on account of the nominal value of the shares or by
way of premium) and not by the conditions of allotment thereof made payable at fixed times.
Provided that no call shall exceed one-fourth of the nominal value of the share or be
payable at less than one month from the date fixed for the payment of the last preceding call.
(2) Each member shall, subject to receiving at least fourteen days notice specifying the time
or times and place of payment, pay to the company, at the time or times and place so specified,
the amount called on his shares.
(3) A call may be revoked or postponed at the discretion of the Board.
14. A call shall be deemed to have been made at the time when the resolution of the Board
authorising the call was passed and may be required to be paid by instalments.
15. The joint holders of a share shall be jointly and severally liable to pay all calls in respect
thereof.
16. (1) If a sum called in respect of a share is not paid before or on the day appointed for
payment thereof, the person from whom the sum is due shall pay interest thereon from the day
appointed for payment thereof to the time of actual payment at five per cent, per annum or at
such lower rate, if any, as the Board may determine.
(2) The Board shall be at liberty to waive payment of any such interest wholly or in part.
17. (1) Any sum which by the terms of issue of a share becomes payable on allotment or at
any fixed date, whether an account of the nominal value of the share or by way of premium,
shall, for the purposes of these regulations, be deemed to be a call duly made and payable on
the date on which by the terms of issue such sum becomes payable.
(2) In case of non-payment of such sum, all the relevant provisions of these regulations as
to payment of interest and expenses, forfeiture or otherwise shall apply as if such sum had
become payable by virtue of a call duly made and notified.
18. The Board
(a)

may, if it thinks fit, receive from any member willing to advance the same, all or
any part of the moneys uncalled and unpaid upon any shares held by him, and

(b)

upon all or any of the moneys so advanced, may (until the same would, but for
such advance, become presently payable) pay interest at such rate not exceeding
unless the company in general meeting shall otherwise direct, six per cent, per
annum, as may be agreed upon between the Board and the member paying the
sum in advance.
Transfer of shares

19. (1) The instrument of transfer of any share in the company shall be executed by or on
behalf of both the transferor and transferee.
(2) The transferor shall be deemed to remain a holder of the share until the name of the
transferee is entered in the register of members in respect thereof.
20. Subject to the provisions of Section 108, the shares in the company shall be transferred
in the following form, namely :
FORM NO. 7B

Share Transfer Form

Date of presentation to the prescribed authority.
For the Consideration stated below the Transferor(s) named do hereby transfer to the
Transferee(s) named his (their) executors, administrators and assigns, the shares specified
below subject to the conditions on which the said shares are now held by the Transferor(s) and
the Transferee(s) do hereby agree to accept and hold the said shares subject to the conditions
aforesaid.
Full name of Company

No.

Number and full description of shares

No. in Figures in words

Description Equity/Pref. Shares
Distinctive Numbers

Whether the said shares are dealt in or quoted

on a recognised stock exchange.
If reply to above is Yes, name of Stock Exchange
should be indicated.
Transfer From, Transferor(s) name(s) in full
(Preferably type-written or in block capitals)
Consideration (in words)
Transfer to, Transferee(s) name(s) in full
(Preferably type-written or in block capitals)
(the name/names may be filled in before the
instrument is lodged with the company for
registration)
Signature of witness with ........................ Signature(s)............ name and address in
full............... of ............ (name preferably type ................ Transferor(s).................. written or in
block ................... capitals)
Signature of witness with ................... Signature(s)........... name and address in
full............... or .................. (name preferably type............... Transferee(s)............... written or
in block.............. capitals)
Dates.............................this
day
hundred...............and........................

of..............one

thousand

nine.........

Particulars of Transferee(s)
Transferee(s), Shri/Shrimati or Kumari, Occupation, Address, Fathers/ Husbands Name
1. If the shares are listed on more than one recognised Stock Exchange, name of any one
such Stock Exchange only need by indicated.
2. The consideration money set forth in a transfer may differ from that which the first seller
will receive, owing to subsequent sales by the original buyer.
3. Signature or thumb impressions, marks, etc., should be attested by a J.P., Magistrate,
Notary Public or a similar authority holding a public office and authorised to use the seal of
his office.
4. Particulars in respect of each transferee should be entered in the same order in which
transferees names occur above.

Entered in Register to Transfers No. .........

Folio

Approved ...................

Specimen Signature(s) of
Transferee(s)

Date

NOTE:Names must be rubber-stamped preferably in a straight line. Chronological order

should be maintained.
Brokers Clearing Number should be stated when delivery is given by a clearing Member
Bank.
Name of Delivering Broker of
Clearing Member

Date

Name of Delivering Brokers or Date

Clearing Member

Lodged by...........................................
Full.....................................................
Address...............................................
Power of Attorney

Probate

Letters of Administration

Death Certificate
Registered with the Company under
No. .....................dated......................
Signature (not initials) of Brokers, Bank, Company or Stock Exchange Clearing House.........
21. The Board may, subject to the right of appeal conferred by Section 111, decline to
register
(a)

the transfer of a share, not being a fully paid share, to a person of whom they do
not approve, or

(b)

any transfer of shares on which the company has a lien.

22. The Board may also decline to recognise any instrument of transfer unless
(a)

a fee of two rupees is paid to the company in respect thereof;

(b)

the instrument of transfer is accompanied by the certificate of the shares to which

it relates, and such other evidence as the Board may reasonably require to show
the right of the transferor to make the transfer; and

(c)

the instrument of transfer is in respect of only one class of shares.

23. Subject to the provisions of Section 154, the registration of transfers may be suspended
at such times and for such periods as the Board may from time to time determine:
Provided that such registration shall not be suspended for more than thirty days at any one
time or for more than forty five days in the aggregate in any year.
24. The company shall be entitled to charge a fee not exceeding two rupees on the
registration of every probate, letters of administration, certificate of death or marriage, power of
attorney, or other instrument.
Transmission of shares
(1) One the death of a member, the survivor or survivors where the member was a joint
holder, and his legal representatives where he was a sole holder, shall be the only persons
recognised by the company as having any title to his interest in the shares.

(2) Nothing in Cl. (1) shall release the estate of a deceased joint holder from any liability in
respect of any share which had been jointly held by him with other persons.
26. (1) Any person becoming entitled to a share in consequence of the death or insolvency
of a member may, upon such evidence being produced as may from time to time properly be
required by the Board and subject as hereinafter provided, elect, either
(a)

to be registered himself as holder of the share; or

(b)

to make such transfer of the share as the deceased or insolvent member could have
made.

(2) The Board shall, in either case, have the same right to decline or suspend registration as
it would have had, if the deceased or insolvent member had transferred the share before his
death or insolvency.
27. (1) If the person so becoming entitled shall elect to be registered as holder of the share
himself, he shall deliver or send to the company a notice in writing signed by him stating that
he so elects.
(2) If the person aforesaid shall elect to transfer the share, he shall testify his election by
executing a transfer of the share.
(3) All the limitations, restrictions and provisions of these regulations relating to the right to
transfer and the registration of transfers of shares shall be applicable to any such notice or
transfer as aforesaid as if the death or insolvency of the member had not occurred and the
notice or transfer were a transfer signed by that member.
28. A person becoming entitled to a share by reason of the death or insolvency of the holder
shall be entitled to the same dividends and other advantages to which he would be entitled if,
he were the registered holder of the share, except that he shall not before being registered as a
member in respect of the share, be entitled in respect of it to exercise any right conferred by
membership in relation to meetings of the company:
Provided that the Board may, at any time, give notice requiring any such person to elect
either to be registered himself or to transfer the share, and if notice is not complied with within
ninety days, the Board may thereafter with-hold payment of the dividends, bonuses or other
moneys payable in respect of the share, until the requirements of the notice have been
complied with.
Forfeiture of shares
29. If a member fails to pay any call, or instalment of a call, on the day appointed for
payment thereof, the Board may, at any time thereafter during such time as any part of the call
or instalment remains unpaid, serve a notice on him requiring payment of so much of the call
or instalment as is unpaid, together with any interest which may have accrued.
30. The notice aforesaid shall,
(a)

name of further day (not being earlier than the expiry of fourteen days from the
date of service of the notice) on or before which the payment required by the notice
is to be made; and

(b)

state that, in the event of non-payment on or before the day so named, the shares
in respect of which the call was made will be liable to be forfeited.

31. If the requirements of any such notice as aforesaid are not complied with, any share in
respect of which the notice has been given may, at any time thereafter, before the payment
required by the notice has been made, be forfeited by a resolution of the Board to that effect.
32. (1) A forfeited share may be sold or otherwise disposed of on such terms and in such
manner as the Board thinks fit.
(2) At any time before a sale or disposal as aforesaid, the Board may cancel the forfeiture on
such terms as it thinks fit.
33. (1) A person whose shares have been forfeited shall cease to be a member in respect of
the forfeited shares, but shall, notwithstanding the forfeiture, remain liable to pay to the
company all moneys which, at the date of forfeiture, were presently payable by him to the
company in respect of the shares.
(2) The liability of such person shall cease if and when the company shall have received
payment in full of all such moneys in respect of the shares.
34. (1) A duly verified declaration in writing that the declarant is a director, the managing
agent, the secretaries and treasurers, the manager or the Secretary, of the company, and that a
share in the company has been duly forfeited on a date stated in the declaration, shall be
conclusive evidence of the facts therein stated as against all persons claiming to be entitled to
the share.
(2) The company may received the consideration, if any, given for the share on any sale or
disposal thereof and may execute a transfer of the share in favour of the person to whom the
share is sold or disposed of.
(3) The transferee shall thereupon be registered as the holder of the share.
(4) The transferee shall not be bound to see to the application of the purchase money, if any,
nor shall his title to the share be affected by any irregularity or invalidity in the proceedings in
reference to the forfeiture, sale or disposal of the share.
35. The provisions of these regulations as to forfeiture shall apply in the case of nonpayment of any sum which, by the terms of issue of a share, becomes payable at a fixed time,
whether on account of the nominal value of the share or by way of premium, as if the same had
been payable by virtue of a call duly made and notified.
Conversion of shares into stock
36. The company may, by ordinary resolution,
(a)

Convert any paid-up shares into stock; and

(b)

reconvert any stock into paid-up shares of any denomination.

37. The holders of stock may transfer the same or any part thereof in the same manner as,
and subject to the same regulations under which, the shares from which the stock arose might
before the conversion have been transferred, or as near thereto as circumstances admit:
Provided that the Board may, from time to time, fix the minimum amount of stock
transferable so however that such minimum shall not exceed the nominal amount of the shares
from which the stock arose.
38. The holders of stock shall, according to the amount of stock held by them, have the
same rights, privileges and advantages as regards dividends, voting at meetings of the
company, and other matters, as if they held the shares from which the stock arose, but no such

privilege or advantage (except participation in the dividends and profits of the company and in
the assets on winding-up) shall be conferred by an amount of stock which would not, if existing
in shares, have conferred that privilege or advantage.
39. Such of the regulations of the company (other than those relating to share warrants), as
are applicable to paid-up shares shall apply to stock and the words share and shareholder
in those regulations shall include stock and stockholder respectively.
Share warrants
40. The company may issue share warrants subject to, and in accordance with, the
provisions of Sections 114 and 115 and accordingly the Board may in its discretion, with
respect to any shares which is fully paid-up, on application in writing signed by the person
registered as holder of the share, and authenticated by such evidence (if any) as the Board may,
from time to time, require as to the identity of the person signing the application, and on
receiving the certificate (if any) of the share, and the amount of the stamp duty on the warrant
and such fee as the Board may from time to time require, issue a share warrant.
41. (1) The bearer of a share warrant may at any time deposit the warrant at the office of
the company, and so long as the warrant remains so deposited, the depositor shall have the
same right of signing a requisition for calling a meeting of the company, and of attending and
voting and exercising the other privileges of a member at any meeting held after the expiry of
two clear days from the time of deposit, as if his name were inserted in the register of members
as the holder of the shares included in the deposited warrant.
(2) Not more than one person shall be recognised as depositor of the share warrant.
(3) The company shall, on two days written notice, return the deposited share warrant to
the depositor.
42. (1) Subject as herein otherwise expressly provided, no person shall, as bearer of a share
warrant, sign a requisition for calling a meeting of the company, or attend, or vote or exercise
any other privilege of a member at a meeting of the company, or be entitled to receive any
notices from the company.
(2) The bearer of a share warrant shall be entitled in all other respects to the same
privileges and advantages as if he were named in the register of members as the holder of the
shares included in the warrant, and he shall be a member of the company.
43. The Board may, from time to time make, rules as to the terms on which (if it shall think
fit) a new share warrant or coupon may be issued by way of renewal in case of defacement, loss
or destruction.
Alteration of capital
44. The company may, from time to time, by ordinary resolution increase the share capital
by such sum, to be divided into shares of such amount, as may be specified in the resolution.
45. The company may, by ordinary resolution
(a)

consolidate and divide all or any of its share capital into shares of larger amount
than its existing shares;

(b)

sub-divide its existing shares or any of them into shares of smaller amount than is
fixed by the memorandum, subject, nevertheless, to the provisions of Cl. (d) of subsection (1) of Section 94;

(c)

cancel any shares which, at the date of the passing of the resolution, have not been
taken or agreed to be taken by any person.

46. The company may, by special resolution, reduce in any manner and with, and subject
to, any incident authorised and consent required by law,
(a)

its share capital,

(b)

any capital redemption reserve account or

(c)

any share premium account.

47. All general meetings other than annual general meetings shall be called extraordinary
general meetings.
48. (1) The Board may, whenever it thinks fit, call an extraordinary general meeting.
(2) If at any time there are not within India directors capable of acting who are sufficient in
number to form a quorum, any director or any two members of the company may call an
extraordinary general meeting in the same manner, as nearly as possible, as that in which
such meeting may be called by the Board.
Proceedings at general meetings
49. (1) No business shall be transacted at any general meeting unless a quorum of
members is present at the time when the meeting proceeds to business.
(2) Save as herein otherwise provided, five members present in person (in the case of a
public company - two members present in person, in the case of a private company) shall be a
quorum.
50. The chairman, if any, of the Board shall preside as chairman at every general meeting of
the company.
51. If there is no such chairman, or if he is not present within fifteen minutes after the time
appointed for holding the meeting, or is unwilling to act as chairman of the meeting, the
directors present shall elect one of their member to be chairman of the meeting.
52. If at any meeting no director is willing to act as chairman or if no director is present
within fifteen minutes after the time appointed for holding the meeting, the members present
shall choose one of the member to be chairman of the meeting.
53. (1) The chairman may, with the consent of any meeting at which a quorum is present,
and shall, if so directed by the meeting, adjourn the meeting from time to time and from place
to place.
(2) No business shall be transacted at any adjourned meeting other than the business left
unfinished at the meeting from which the adjourn ment took place.
(3) When a meeting is adjourned for thirty days or more, notice of the adjourned meeting
shall be given as in the case of an original meeting.
(4) Save as aforesaid, it shall not be necessary to give any notice of an adjournment or of
the business to be transacted at an adjourned meeting.
54. In the case of an equality of votes, whether on a show of hands or on a poll, the
chairman of the meeting at which the show of hands takes place, or at which the poll is
demanded, shall be entitled to a second or casting vote.

55. Any business other than that upon which a poll has been demanded may be proceeded
with, pending the taking of the poll.
Votes of members
56. Subject to any rights or restrictions for the time being attached to any class or classes
of shares
(a)

on a show of hands, every member present in person shall have one vote; and

(b)

on a poll, the voting rights of members shall be as laid down in Section 87.

57. In the case of joint holders, the vote of the senior who tenders a vote, whether in person
or by proxy, shall be accepted to the exclusion of the votes of the other joint holders.
For this purpose, seniority shall be determined by the order in which the names stand in
the register of members.
58. A member of unsound mind, or in respect of whom an order has been made by any
Court having jurisdiction in lunacy, may vote, whether on a show of hands or on a poll, by his
committee or other legal guardian, and any such committee or guardian may on a poll, vote by
proxy.
59. No member shall be entitled to vote at any general meeting unless all calls or other
sums presently payable by him in respect of shares in the company have been paid.
60. (1) No objection shall be raised to the qualification of any voter except at the meeting or
adjourned meeting at which the vote objected to is given or tendered, and every vote not
disallowed at such meeting shall be valid for all purposes.
(2) Any such objection male in due time shall be referred to the chairman of the meeting,
whose decision shall be final and conclusive.
61. The instrument appointing a proxy and the power-of-attorney, or other authority if any,
under which it is signed or a notarially certified copy of that power or authority, shall be
deposited at the registered office of the company not less than 48 hours before the time for
holding the meeting or adjourned meeting at which the person named in the instrument
proposes to vote, or, in the case of a poll, not less than 24 hours before the time appointed for
the taking of the poll and in default the instrument of proxy shall not be treated as valid.
62. An instrument appointing a proxy shall be in either of the forms in Schedule IX to the
Act or a form as near thereto as circumstances admit.
63. A vote given in accordance with the terms of an instrument of proxy shall be valid,
notwithstanding the previous death or insanity of the principal or the revocation of the proxy or
of the authority under which the proxy was executed, or the transfer of the shares in respect of
which the proxy is given:
Provided that no intimation in writing of such death, insanity, revocation or transfer shall
have been received by the company at its office before the commencement of the meeting or
adjourned meeting at which the proxy is used.
Board of Directors
64. The number of the directors and the names of the first directors shall be determined in
writing by the subscribers of the memorandum or a majority of them.
65. (1) The remuneration of the director shall, in so far as it consists of a monthly payment,
be deemed to accrue from day to day.

(2) In addition to the remuneration payable to them in pursuance of the Act, the directors
may be paid all travelling, hotel and other expenses properly incurred by them
(a)

in attending and returning from meetings of the Board of Directors or any

committee thereof or general meetings of the company, or

(b)

in connection with the business of the company.

66. The qualification of a director shall be the holding of at least one share in the company.
67. The Board may pay all expenses incurred in getting up and registering the company.
68. The company may exercise the powers conferred by Section 50 with regard to having an
official seal for use abroad, and such powers shall be vested in the Board.
69. The company may exercise the powers conferred on it by Sections 157 and 158 with
regard to the keeping of a foreign register and the Board may (subject to the provisions of those
sections) make and vary such regulations as it may think fit respecting the keeping of any such
register.
70. All cheques, promissory notes, drafts, hundis, bills of exchange and other negotiable
instruments, and all receipts for moneys paid to the company, shall be signed, drawn, accepted,
endorsed, or otherwise executed, as the case may be, by the managing agent or secretaries and
treasurers of the company, or where there is no managing agent or secretaries and treasurers,
by such person and in such manner as the Board shall from time to time by resolution
determine.
71. Every director present at any meeting of the Board or of a committee thereof shall sign
his name in a book to be kept for that purpose.
72. (1) The Board shall have power at any time, and from time to time, appoint a person as
an additional director, provided the number of the directors and additional directors together
shall not at any time exceed the maximum strength fixed for the Board by the articles.
(2) Such person shall hold office only up to the date of the next annual general meeting of
the company but shall be eligible for appointment by the company as a director at that meeting
subject to the provisions of the Act.
Proceedings of Board
73. (1) The Board of Directors may meet for the despatch of business, adjourn and
otherwise regulate its meetings, as it thinks fit.
(2) A director may, and the managing agent, secretaries and treasurers, manager or
secretary on the requisition of a director shall, at any time, summon a meeting of the Board.
74. (1)Save as otherwise expressly provided in the Act, questions arising at any meeting of
the Board shall be decided by a majority of votes.
(2) In case of an equality of votes, the chairman of the Board, if any, shall have a second or
casting vote.
75. The continuing directors may act notwithstanding any vacancy in the Board, but, if and
so long as their number is reduced below the quorum fixed by the Act for a meeting of the
Board, the continuing directors or director may act for the purpose of increasing the number of
directors to that fixed for the quorum, or of summoning a general meeting of the company, but
for no other purpose.

76. (1) The Board may elect a chairman of its meetings and determine the period for which
he is to hold office.
(2) If no such chairman is elected, or if at any meeting the chairman is not present within
five minutes after the time appointed for holding the meeting, the directors present may choose
one of their members to be chairman of the meeting.
77. (1) The Board may, subject to the provisions of the Act, delegate any of its powers to
committees consisting of such member or members of its body as it thinks fit.
(2) Any committee so formed shall, in the exercise of the powers so delegated, conform to
any regulations that may be imposed on it by the Board.
78. (1) A committee may elect a chairman of its meetings.
(2) If no such chairman is elected, or if at any meeting the chairman is not present within
five minutes after the time appointed for holding the meeting, the members present may choose
one of their members to be chairman of the meeting.
79. (1) A committee may meet and adjourn as it thinks proper.
(2) Questions arising at any meeting of a committee shall be determined by a majority of
votes of the members present, and in case of an equality of votes, the chairman shall have a
second or casting vote.
80. All acts done by any meeting of the Board or of a committee thereof or by any person
acting as a director, shall, notwithstanding that it may be afterwards discovered that there was
some defect in the appointment of any one or more of such directors or of any person acting as
aforesaid, or that they or any of them were disqualified, be as valid as if every such director or
such person had been duly appointed and was qualified to be a director.
81. Save as otherwise expressly provided in the Act, a resolution in writing, signed by all
the members of the Board or of a committee thereof, for the time being entitled to receive notice
of a meeting of the Board or committee, shall be as valid and effectual as if it had been passed
at a meeting of the Board or committee, duly convened and held.
Manager or Secretary
82. Subject to the provisions of the Act,
(1) a manager of secretary may be appointed by the Board for such term, at such
remuneration and upon such conditions as it may think fit and any manager or secretary so
appointed may be removed by the Board;
(2) a director may be appointed as manager or secretary.
83. A provision of the Act or these regulations requiring or autho rising a thing to be done
by or to a director and the manager or secretary shall not be satisfied by its being done by or to
the same person acting both as director and as, or in place of, the manager or secretary.
The Seal
84. (1) The Board shall provide for the safe custody of the seal.
(2) The seal of the company shall not be affixed to any instrument except by the authority of
a resolution of the Board or of a committee of the Board authorised by it in that behalf and
except in the presence of at least two directors and of the secretary or such other person as the
Board may appoint for the purpose, and those two directors and the secretary or other person

as aforesaid shall sign every instrument to which the seal of the company is so affixed in their
presence.
Dividends and Reserve
85. The company in general meeting may declare dividends, but no dividend shall exceed
the amount recommended by the Board.
86. The Board may from time to time pay to the members such interim dividends as appear
to it to be justified by the profits of the company.
87. (1) The Board may, before recommending and dividend, set aside out of the profits of
the company such sums as it thinks proper as a reserve or reserves which shall, at the
discretion of the Board, be applicable for any purpose to which the profits of the company may
be properly applied, including provision for meeting contingencies or for equalising dividends
and pending such application, may, at the like discretion, either be employed in the business of
the company or be invested in such investments (other than shares of the company) as the
Board may, from time to time, think fit.
(2) The Board may also carry forward any profits which it may think prudent not to divide,
without setting them aside as a reserve.
88. (1) Subject to the rights of persons, if any entitled to shares with special rights as to
dividends, all dividends shall be declared and paid according to the amounts paid or credited
as paid on the shares in respect whereof the dividend is paid but if and so long as nothing is
paid upon any of the shares in the company, dividends may be declared and paid according to
the amounts of the shares.
(2) No amount paid or credited as paid on a share in advance of calls shall be treated for the
purposes of this regulation as paid on the share.
(3) All dividends shall be apportioned and paid proportionately to the amounts paid or
credited as paid on the shares during any portion or portions of the period in respect of which
the dividend is paid, but if any share is issued on terms providing that it shall rank for
dividend as from a particular date such share shall rank for dividend accordingly.
89. The Board may deduct from any dividend payable to any member all sums of money, if
any, presently payable by him to the company on account of calls or otherwise in relation to the
shares of the company.
90. (1) Any dividend, interest or other moneys payable in cash in respect of shares may be
paid by cheque or warrant sent through the post directed to the registered address of the
holder or, in the case of joint holders, to the registered address of that one of the joint holders
who is first named on the register of members, or to such person and to such address as the
holder or joint holders may in writing direct.
(2) Every much cheque or warrant shall be made payable to the order of the person to
whom it is sent.
91. Any one of two or more joint holders of a share may give effectual receipts for any
dividends, bonuses or other moneys payable in respect of such shares.
92. Notice of any dividend that may have been declared shall be given to the persons
entitled to share therein the manner mentioned in the Act.

93. No dividend shall bear interest against the company.

Accounts
94. (1) The Board shall from time to time determine whether and to what extent and at
what times and places and under what conditions or regulations, the accounts and books of
the company, or any of them, shall be open to the inspection of members not being directors.
(2) No member (not being a director) shall have any right of inspecting any account or book
or document of the company except as conferred by law or authorised by the Board or by the
company in general meeting.
Capitalisation of profits
95. (1) The company in general meeting may, upon the recommen- dation of the Board,
resolve,
(a)

that it is desirable to capitalise any part of the amount for the time being standing
to the credit of any of the companys reserve accounts, or to the credit of the profit
and loss account, or otherwise available for distribution, and

(b)

that such sum be accordingly set free for distribution in the manner specified in
Cl. (2) amongst the members who would have been entitled thereto, if distributed
by way of dividend and in the same proportions.

(2) The sum aforesaid shall not be paid in cash but shall be applied, subject to the
provision contained in Cl. (3), either in or towards
(i)

paying up any amounts for the time being unpaid on any shares held by such
members respectively;

(ii)

paying up in full, unissued shares of the company to be allotted and distributed,

credited as fully paid-up, to and amongst such members in the proportions
aforesaid; or

(iii)

partly in the way specified in sub-clause (i) and partly in that specified in subclause (ii).

(3) A share premium account and capital redemption reserve account may, for the purposes
of this regulation, only be applied in the paying up of unissued shares to be issued to members
of the company as fully paid bonus shares.
(4) The Board shall give effect to the resolution passed by the company in pursuance of this
regulation.
96. (1) Whenever such a resolution as aforesaid shall have been passed, the Board shall
(a)

make all appropriations and applications of the undivided profits resolved to be

capitalised thereby, and all allotments and issues of fully paid shares, if any; and

(b)

generally do all acts and things required to give effect thereto.

(2) The Board shall have full power,

(a)

to make such provisions, by the issue of fractional certifi- cates or by payment in

cash or otherwise as it thinks fit, for the case of shares or debentures becoming
distributable in fractions; and also

(b)

to authorise any person to enter, on behalf of all the members entitled thereto,
into an agreement with the company providing for the allotment to them
respectively, credited as fully paid-up, of any further shares to which they may be

entitled upon such capitalisation, or (as the case may require) for the payment up
by the company on their behalf, by the application thereto of their respective
proportions of the profits resolved to be capitalised, of the amounts or any part of
the amounts remaining unpaid on their existing shares.
(3) Any agreement made under such authority shall be effective and binding on all such
members.
Winding-up
98. (1) If the company shall be wound-up, the liquidator may, with the sanction of a special
resolution of the company and any other sanction required by the Act, divide amongst the
members, in specie or kind, the whole or any part of the assets of the company, whether they
shall consist of property of the same kind or not.
(2) For the purpose aforesaid, the liquidator may set such value as he deems fair upon any
property to be divided as aforesaid and may determine how such division shall be carried out
as between the members or different classes of members.
(3) The liquidator may, with the like sanction, vest the whole or any part of such assets in
trustees, upon such trusts for the benefit of the contributories as the liquidator, with the like
sanction, shall think fit, but so that no member shall be compelled to accept any shares or
other securities whereon there is any liability.
Indemnity
99. Every officer or agent for the time being of the company shall be indemnified out of the
assets of the company against any liability incurred by him in defending any proceedings,
whether civil or criminal, in which judgment is given in his favour or in which he is acquitted or
in connection with any application under Section 633 in which relief is granted to him by the
Court.
(7) Matters to be specified in prospectus of a company and reports to be set are therein
PART I
Matters to be specified
1. (1) Save as hereinafter provided in clause 27, the main objects of the company, with the
names, addresses, descriptions and occupations of the signatories of the memorandum and
the number of shares subscribed for by them.
(2) The number and classes of shares, if any, and the nature and extent of the interest of
the holders in the property and profits of the company.
(3) The number of redeemable preference shares intended to be issued, with the date of
redemption or, where no date is fixed, the period of notice required for redeeming the shares
and the proposed method of redemption.
2. (1) The number of shares, if any, fixed by the articles as the qualification of a director.
(2) Any provision in the articles as to the remuneration of the directors whether for their
services to the company as directors, managing directors or otherwise.
3. (1) The names, addresses, descriptions and occupations of,
(a)

the directors or proposed directors;

(b)

the managing director or proposed managing director, if any;

(c)

the managing agent or proposed managing agent, if any;

(d)

secretaries any treasurers, or proposed secretaries and treasurers, if any;

(e)

the manager or proposed manager, if any:

Provided that,
(i)

where any such person is already a director, managing director or manager of any
other company, or

(ii)

where any such person (including a firm or body corporate) is already a managing
agent or secretaries and treasurers of any other company, the matters to be
specified under this clause shall include the names of all the companies in which
such person is a director, managing director or managing agent or secretaries and
treasurers or manager, and where any such person is a firm or a body corporate,
the said particulars shall also be given in respect of every partner of the firm or, as
the case may be, in respect of every director of the body corporate.

(2) Any provision in the articles or in any contract which has been entered into as to
appointment of a managing director, managing agent, secretaries and treasurers or manager,
the remuneration payable to him or them, and the compensation, if any, payable to him or
them for loss of office.
4. In the case of a company managed by a managing agent or Secretaries and treasurers
which is a body corporate, the subscribed capital of that body.
5. Where shares are offered to the public for subscription, particulars as to,
(a)

the minimum amount which, in the opinion of the directors or of the signatories of
the memorandum arrived at after due inquiry, must be raised by the issue of those
shares in order to provide the sums, or if any part thereof is to be defrayed in any
other manner, the balance of the sums, required to be provided in respect of each
of the following heads and distinguishing the amount required under each head,
(i)

the purchase price of any property purchased or to be purchased which is to

be defrayed in whole or in part out of the proceeds of the issue;

(ii)

any preliminary expenses payable by the company, and any commission so

payable to any person in consideration of his agreeing to subscribe for, or of
his procuring or agreeing to procure subscription for, any shares in the
company;

(iii) the repayment of any money borrowed by the company in respect of any of the
foregoing matters;
(iv) working capital;
(v)
(b)

any other expenditure, stating the nature and purpose thereof and the
estimated amount in each case; and

the amounts to be provided in respect of the matters afore- said otherwise than out
of proceeds of the issue and the sources out of which those amounts are to be
provided.

6. The time of the opening of the subscription lists.

7. The amount payable on application and allotment on each share, and in the case of
second or subsequent offer of shares, the amount offered for subscription on each previous
allotment made within the two preceding years, the amount actually allotted, and the amount,
if any, paid on the shares so allotted.

8. The substance of any contract of arrangement or proposed contract or arrangement,

whereby any option or preferential right of any kind has been or is proposed to be given to any
person to subscribe for any shares in or debentures of, a company, giving the number,
description and amount of any such shares or debentures and including the following
particulars of the option or right,
(a)

the period during which the option or right is exercisable;

(b)

the price to be paid for shares or debentures subscribed for under the option or
right:

(c)

the consideration, if any, given or to be given for the option or right or for the right
thereto;

(d)

the names, addresses, description and occupations, of the persons to whom the
option or right or the right thereto has been given or is proposed to be given or, if
given to existing shareholders or debenture holders as such, the description and
numbers of the relevant shares or debentures;

(e)

any other material fact or circumstances relevant to the grant of the option or
right.

Explanation.Subscribing for shares or debentures shall, for the purposes of this clause,
include acquiring them from a person to whom they have been allotted or agreed to be allotted
with a view to his offering them for sale.
9. The number, description, and amount of shares and debentures which within the two
preceding years have been issued, or agreed to be issued, as fully or partly paid up otherwise
than in cash, and in the latter case the extent to which they are so paid up, and in either case
the consideration for which those shares or debentures have been issued or agreed to be
issued.
10. The amount paid or payable by way of premium, if any, on each share which has been
issued within the two years preceding the date of the prospectus, or is to be issued, stating the
dates or proposed dates of issue and where some shares have been or are to be issued at a
premium and other shares of the same class at a lower premium, or at part or at a discount,
the reasons for the differentiation and how any premiums received have been or are to be
disposed of.
11. Where any issue of shares or debentures is underwritten, the names of the
underwriters, and the opinion of the directors that the resources of the underwriters are
sufficient to discharge their obligations.
12. (1) As respects any property to which this clause applies
(a)

names, addresses, descriptions and occupations, of the vendors;

(b)

the amount paid or payable in cash, shares or debentures to the vendor and, where
there is more than one separate vendor, or the company is a sub-purchaser, the
amount, so paid or payable to each vendor, specifying separately the amount, if
any, paid or payable for goodwill;

(c)

the nature of the title or interest in such property acquired or to be acquired by the
company;

(d)

short particulars of every transaction relating to the property completed within the
two preceding years, in which any vendor of the property to the company or any
person who is, or was at the time of the transaction, a promoter or a director or

proposed director of the company had any interest, direct or indirect, specifying the
date of the transaction and the name of such promoter, director or proposed
director and stating the amount payable by or to such vendor, promoter, director or
proposed director in respect of the transaction.
(2) The property to which sub-clause (1) applies is property purchased or acquired by the
company or proposed so to be purchased or acquired, which is to be paid for wholly or partly
out of the proceeds of the issue offered for subscription by the prospectus or the purchase or
acquisition of which has not been completed at the date of the issue of the prospectus, other
than property,
(a)

the contract for the purchase or acquisition whereof was entered into in the
ordinary course of the companys business, the contract not being made in
contemplation of the issue nor the issue in consequence of the contract; or

(b)

as respects which the amount of the purchase money is not material.

(3) For the purposes of this clause, where any of the vendors is a firm, the members of the
firm, shall not be treated as separate vendors.
13. The amount, if any, or the nature and extent of any consideration, paid within the two
preceding years, or payable, as commission to any person (including commission so paid or
payable to any sub-underwriter, who is a promoter or officer of the company) for subscribing or
agreeing to subscribe, or procuring or agreeing to procure subscriptions for any shares in, or
debentures of the company, and giving also the following particulars, namely :
(a)

the name, address, description and occupation of each such person;

(b)

particulars of the amounts which each has underwritten or sub-underwritten as

aforesaid;

(c)

the rate of the commission payable to each for such under- writing or subunderwriting;

(d)

any other material term or condition of the underwriting or sub-underwriting

contract with each such person; and

(e)

when any such person is a company, or a firm, the nature of any interest, direct or
indirect, in such company or firm of any promoter or officer of the company in
respect of which the prospectus is issued.

14. (1) Save as hereinafter provided in clause 27, the amount or estimated amount of
preliminary expenses and the persons by whom any of those expenses have been paid or are
payable.
(2) Save as aforesaid, the amount or estimated amount of the expenses of the issue and the
persons by whom any of those expenses have been paid or are payable.
15. Any amount or benefit paid or given within the two preceding years or intended to be
paid or given to any promoter or officer, and the consideration for the payment or the giving of
the benefit.
16. (1) The dates of, parties to and general nature of,
(a)

every contract appointing or fixing the remuneration of a managing director,

managing agent, secretaries and treasurers or manager whenever entered into, that
is to say, whether within, or more than two years before the date of the prospectus;

(b)

every other material contract, not being a contract entered into in the ordinary
course of the business carried on or intended to be carried on by the company or a
contract entered into more than two years before the date of the prospectus.

(2) A reasonable time and place at which any such contract or a copy thereof may be
inspected.
17. The names and addresses of the auditors, if any, of the company.
18. (1) Full particulars of the nature and extent of the interest, if any, of every director or
promoter,
(a)
(b)

in the promotion of the company; or

in any property acquired by the company within two years of the date of the
prospectus or proposed to be acquired by it.
(2) Where the interest of such a director or promoter consists in being a member of a firm or
company, he nature and extent of the interest of the firm or company, with a statement of all
sums paid or agreed to be paid to him or to the firm or company in cash or shares or otherwise
by any person either to induce him to become, or to qualify him as a director, otherwise for
services rendered by him or by firm or company in connection with the promotion or formation
of the company.
19. If the share capital of the company is divided into different classes of shares, the right
of voting at meetings of the company conferred by, and the rights in respect of capital and
dividends attached to, the several classes of shares respectively.
20. Where the articles of the company impose any restrictions upon the members of the
company in respect of the right to attend, speak or vote at meetings of the company or of the
right to transfer shares, or upon the directors of the company in respect of their powers of
management, the nature and extent of those restrictions.
21. (1) In the case of a company which has been carrying on business, the length of time
during which the business of the company has been carried on.
(2) If the company proposes to acquire a business which has been carried on for less than
three years, the length of time during which the business has been carried on.
22. (1) If any reserves or profits of the company or any of its subsidiaries have been
capitalised, particulars of the capitalisation.
(2) Particulars of the surplus arising from any revaluation of the assets of the company or
any of its subsidiaries during the two years preceding the date of the prospectus and the
manner in which such surplus has been dealt with.
23. A reasonable time and place at which copies of all balance-sheets and profits and loss
accounts, if any, on which the report of the auditors under Part II of this Schedule is based,
may be inspected.
PART II
Reports to be Set Out
24. (1) A report by the auditors of the company with respect to
(a)

profits and losses and assets and liabilities, in accordance with sub-clause (2) or
(3) of this clause, as the case may require; and

(b)

the rates of the dividends, if any, paid by the Company in respect of each class of
shares in the company for each of the five financial years immediately preceding
the issue of the prospectus, giving particulars, of each class of shares on which
such dividends have been paid and particulars of the cases in which no dividends
have been paid in respect of any class of shares for any of those years;

and, if no accounts have been made up in respect of any part of the period of five years ending
on a date three months before the issue of prospectus, containing a statement of the fact and
accompanied by a statement of accounts of the company in respect of that part of the said
period up to a date not earlier than six months of the date of issue of the prospectus indicating
the profits or loss for the period and the assets and liabilities position as at the end of that
period together with a certificate from the auditors that such accounts have been examined
and found correct by them. The said statement may indicate the nature, the provision or
adjustments made or are yet to be made.
(2) If the company has no subsidiaries, the report shall
(a)

so far as profits and losses, deal with the profits or losses of the company
(distinguishing items of a non-recurring nature) for each of the five financial years
immediately preceding the issue of the prospectus; and

(b)

so far as regards assets and liabilities, deal with the assets and liabilities of the
company at the last date to which the accounts of the company were made up.

(3) If the company has subsidiaries, the report shall,

(i)

as a whole with the combined profits or losses of its subsidia ries, so far as they
concern members of the company; or

(ii)

individually with the profits or losses of each subsidiary, so far as they concern
members of the company;
or, instead of dealing separately with the companys profits or losses, deal as a
whole with the profits or losses of the company, and, so far as they concern
members of the company, with combined profits or losses of its subsidiaries; and,

(b)

so far as regards assets and liabilities, deal separately with the companys assets
and liabilities as provided by sub- clause (2) and in addition, deal either

(i)

as a whole with the combined assets and liabilities of its subsidiaries, with or
without the companys assets and liabilities; or

(ii)

individually with the assets and liabilities of each subsidiary; and shall indicate as
respects the assets and liabilities of the subsidiaries, the allowance to be made for
persons other than members of the company.

25. If the proceeds, or any part of the proceeds, of the issue of the shares or debentures are
or is to be applied directly or indirectly
(i)

in the purchase of any business; or

(ii)

in the purchase of an interest in any business and by reason of that purchase or,
anything to be done in consequence thereof, or in connection therewith, the
company will become entitled to an interest, as respects either the capital or
profits and losses or both, in such business exceeding fifty per cent, thereof;

a report made by accountants (who shall be named in the prospectus) upon

(a)

the profits or losses of the business for each of the five financial years immediately
preceding the issue of the prospectus; and

(b)

the assets and liabilities of the business at the last date to which the accounts of
the business were made up, being a date not more than one hundred and twenty
days before the date of the issue of the prospectus.

26. (1) If
(a)

the proceeds, or any part of the proceeds, of the issue of the shares or debentures
are or is to be applied directly or indirectly in any manner resulting in the
acquisition by the company of shares in any other body corporate; and

(b)

by reason of that acquisition or anything to be done in consequence thereof or in

connection therewith, that body corporate will become a subsidiary of the
company;

a report made by accountants (who shall be named in the prospectus) upon

(i)

the profits or losses of the body corporate for each of the five financial years
immediately preceding the issue of the prospectus; and

(ii)

the assets and liabilities of the other body corporate at the last date to which its
accounts were made up.

(2) The said report shall

(a)

indicate how the profits or losses of the other body corporate dealt with by the
report would, in respect of the shares to be acquired, have concerned members of
the company and what allowance would have fallen to be made in relation to
assets and liabilities so dealt with, for holders of other shares, if the company had
at all material times held the shares to be acquired; and

(b)

where the other body corporate has subsidiaries, deal with the profits or losses
and the assets and liabilities of the body corporate and its subsidiaries in the
manner provided by sub-clause (3) of clause 24 of this Schedule in relation to the
company and its subsidiaries.

PART III
Provision Applying to Parts I and II of Schedule
27. Clause 1 (for far as it relates to particulars of the signatories of the memorandum and
the shares subscribed for by them) and clause 14 (so far as it relates to preliminary expenses)
of this Schedule shall not apply in the case of a prospectus issued more than two years after
the date at which the company is entitled to commence business.
28. Every person shall, for the purposes of this Schedule, be deemed to be a vendor who
has entered into any contract, absolute or conditional, for the sale or purchase, or for any
option of purchase, of any property to be acquired by the company, in any case where
(a)

the purchase money is not fully paid at the date of the issue of the prospectus;

(b)

the purchase money is to be paid or satisfied, wholly or in part, out of the proceeds
of the issue offered for subscription by the prospectus;

(c)

the contract depends for its validity or fulfilment on the result of that issue.

29. Where any property to be acquired by the company is to be taken on lease, this
Schedule shall have effect as if the expression vendor included the lessor, the expression
purchase money included the consideration for the lease, and the expression sub-purchaser
included a sub-lessee.
30. If in the case of a company which has been carrying on business, or of a business
which has been carried on for less than five financial years, the accounts of the company or

business have only been made up in respect of four such years, three such years, two or one
such year, Part II of this Schedule shall have effect as if references to four financial years, three
financial years, two financial years, or one financial year, as the case may be, were substituted
for references to five financial years.
31. Where the five financial years immediately preceding the issue of the prospectus which
are referred to in Part II of this Schedule or in this Part cover a peried of less than five years,
references to the said five financial years in either Part shall have effect as if references to a
number of financial years the aggregate period covered by which is not less than five years
immediately preceding the issue of the prospectus were substituted for references to the five
financial years aforesaid.
32. Any report required by Part II of this Schedule shall either
(a)

indicate by way of note any adjustments as respects the figures of any profits or
losses or assets and liabilities dealt with by the report which appear to the
persons making the report necessary, or

(b)

make those adjustments and indicate that adjustments have been made.

33. Any report by accountants required by Part II of the Schedule

(a)

shall be made by accountants qualified under this Act for appointment as auditors
of a company; and

(b)

shall not be made by any accountant who is an officer or servant, or a partner or

in the employment of an officer or servant, of the company or of the companys
subsidiary or holding company or of a subsidiary of the companys holding
company.

For the purposes of this clause, the expression officer shall include a proposed director
but not an auditor.
Form of Statement in lieu of Prospectus to be delivered to
Registrar by a Private Company on becoming a
Public Company and reports to be set out therein
[See Section 44(2)(b) of the Companies Act, 1956]
PART I
Form of Statement and Particulars to be contained therein
The Companies Act, 1956
Statement in lieu of Prospectus delivered for registration by
(Insert the name of the Company)
Pursuant to clause (b) of sub-section (2) of Section 44 of the Companies Act, 1956.
Delivered for registration by
The nominal share capital of the company
Divided into

Amount (if any) of above capital which

consists of redeemable preference shares.
The earliest date on which the company has
power to redeem these shares.

Rs.
Shares of Rs......each


Shares of Rs. each

Names, addresses, descriptions and occupations of

(a) directors or proposed directors;
(b) managing director or proposed
managing director;
(c) managing agent or proposed managing
agent;
(d) secretaries and treasurers or proposed
secretaries and treasurers;
(e) manager or proposed manager.
Any provision in the articles of the company,
or in any contract irrespective of the time
when it was entered into, as to appointment
of and remuneration payable to the persons
referred to in (a), (b), (c), (d) and (e) above.
Amount of shares issued.

Shares.

Amount of commission paid or payable in

connection therewith.
Amount of discount, if any, allowed on the
issue of any shares, or so much thereof as
has not been written off at the date of the
statement.
Unless more than two years have elapsed
since the date on which the company was
entitled to commence business:
Amount of preliminary expenses

Rs.

By whom those expenses have been

paid or are payable.
Amount paid or intended to be paidName of promoter; Amount Rs.
to pay promoter.
Consideration for the payment.
Consideration:
Any other benefit given or intendedName of promoter. Nature and value
to be given to any promoter
of benefit;
Consideration for the benefit

Consideration;

the share capital of the company is

divided into different classes of
shares, the right of voting at
meetings of the company conferred
by, and the rights in respect of
capital and dividends attached to,
the several classes of shares
respectively.
Number and amount of shares and1. Shares of Rs......fully paid.
debentures issued within the two2. Shares upon which Rs.....

years preceding the date of thisper share credited as paid.

statement as fully or partly paid up
otherwise than for cash or agreed to
be so issued at the date of this
statement.
Consideration for the issue of those3. Debentures for Rs.......each.
4. Consideration:
shares or debentures.
Number, description and amount of1. Shares of Rs.......and
any shares or debentures which anydebentures of Rs......
person has or is entitled to be given
an option to subs- cribe for, or to
acquire from, a person to whom they
have been allotted or agreed to be
allotted with a view to his offering
them for sale.
Period during which the option is2. Until
exercisable.
Price to be paid for shares of3.
debentures
subscribed
for
or
acquired under the option.
Consideration for the option or right4. Consideration:
to option
Persons to whom the option or the5. Name and addresses.
right to option was given or, if given
to existing shareholders or debenture
holders as such, the relevant shares
or debentures.
Names, addresses description, and
occupa- tions of vendors of property
(1) purchased or acquired by the
company within the two years
preceding the date of this statement
or (2) agreed or proposed to be
purchased or acquired by the
company, except where the contract
for its purchase or acquisition was
entered into in the ordinary course
of business and there is no
connection between the transaction
and the company ceasing to be a
private company or where the
amount of the purchase money is
not material.
Amount

(in

cash,

shares

or

debentures) paid or payable to each

separate vendor.
Amount paid or payable in cash,Total purchase price
shares or debentures for each suchRs............................
property, specifying the amount paidCash...........Rs..........
Shares.........Rs.........
or payable for goodwill.
Debentures Rs..........
.................................
Goodwill Rs...............
Short particulars of every transaction relating to each such property which was completed
within the two preceding years and in which any vendor to the company or any person who is,
or was at the time thereof, a promoter, director or was proposed director of the company had
any interest direct or indirect.
Amount (if any) paid or payable asAmount paid.
commission for subscribing orAmount payable.
agreeing to subscribe or procuring orRate per cent.
agreeing to procure subscrip- tions
for any shares or debentures in the
company; or rate of the commission.
The number of shares, if any, which
persons have agreed to subscribe for
a commission.
If it is proposed to acquire any
business, the amount, as certified by
the persons by whom the accounts
of the business have been audited, of
the net profits of the business in
respect of each of the five years
immediately preceding the date of
this statement, provided that in the
case of a business which has been
carried on for less than five years,
and the accounts of which have only
been made up in respect of four
years, three years, two years or one
year, the above requirements shall
have effect as if references to four
years, three years, two years, or one
year, as the case may be, were
substituted for references to five
years, and in any such case, the
statement shall say how long the
business to be acquired has been
carried on.
Where the financial year with respect

to which the accounts of the

business have been made up is
greater or less than a year,
references to five years, four years,
three years, two years and one year
in this paragraph shall have effect as
if reference to such number of
financial years, as in the aggregate,
cover a period of not less than five
years, four years, three years, two
years, or one year, as the case may
be, were substituted for references to
three years, two years, and one year
respectively.
Dates of, parties to and general
nature of
(a) contract appointing or fixing the
remuneration
of
directors,
managing director, managing agent,
secretaries
and
treasurers
or
manager; and
(b) every other material contract
other than (i) contracts entered into
in the ordinary course of the
business intended to be carried on
by the company or (ii) entered into
more than two years before the
delivery of this statement.
Time and place at which (1) the
contracts or copies thereof; or (2) (i)
in the case of a contract not reduced
into writing, a memo- randum giving
full particulars thereof, and (ii) in the
case of a contract wholly or partly in
a language other than English, a
copy of translation thereof in English
or embodying a translation in
English of the parts in the other
language, as the case may be, being
a translation certified in the
prescribed manner to be a correct
translation, may be inspected.
Names and addresses of the auditors
of the company.
Full particulars of the nature and

extent of the interest of every

director,
managing
director,
managing agent, secretaries and
treasurers or manager, in any
property purchased or acquired by
the company within the two years
preceding the date of this statement
or proposed to be purchased or
acquired by the company or, where
the interest of such a director
consists in being a partner in a firm,
the nature and extent of the interest
of the firm, with a statement of all
sums paid or agreed to be paid to
him or to the firm in cash or shares,
or otherwise, by any person either to
induce him to become, or to qualify
him as, a director or otherwise for
services or to be rendered to the
company by him or by the firm.
Rates of the dividends (if any) paid
by the company in respect of each
class of shares in the company in
each of the five financial years
immediately preceding the date of
this
statement
or
since
the
incorporation
of
the
company,
whichever period is shorter.
Particulars of the cases in which no
dividends have been paid in respect
of any class of shares in any of these
years.
(Signatures of the persons above named as directors .................... or proposed directors or
of their agents authorised in .................................. writing).

PART II
Reports to be set out
1. If unissued shares or debenture of the company are to be applied in the purchase of a
business a report made by accountants (who shall be named in the statement) upon
(a)

the profits or losses of the business in respect of each of the five financial years
immediately preceding the delivery of the statement to the Registrar; and

(b)

the assets and liabilities of the business as at the last date to which the accounts
of the business were made up.

2. (1) If unissued shares or debentures of the company are to be applied directly in any
manner resulting in shares in a body corporate which by reason of the acquisition or anything
to be done in consequence thereof or in connection therewith will become a subsidiary of the
company, a report made by accountants (who shall be named in the statement) with respect to
the profits and losses and assets and liabilities of the other body corporate in accordance with
sub-clause (2) or (3) of this clause, as the case may require, indicating how the profits or losses
of the other body corporate dealt with by the report would, in respect of the shares to be
acquired, have concerned members of the company, and what allowance would have fallen to be
made, in relation to assets and liabilities so dealt with, for holders of other shares, if the
company had at all material times held the shares to be acquired.
(2) If the other body corporate has no subsidiaries, the report referred to in sub-clause (1)
shall,
(a)

so far as regards profits and losses, deal with the profits or losses of the body
corporate in respect of each of the five financial years immediately preceding the
delivery of the statement to the Registrar, and

(b)

so far as regards assets and liabilities, deal with the assets and liabilities of the
body corporate as at the last date to which the accounts of the body corporate
were made up.

(3) If the other body corporate has subsidiaries, the report referred so in sub-clause (1)
shall,
(a)

so far as regards profits and losses, deal separately with the other body
corporates profits or losses, as provided by sub-clause (2), and in addition deal
either,

(i)

as a whole with the combined profits or losses of its subsidiaries, so far as they
concern member of the other body corporate;

(ii)

individually with the profits or losses of each subsidiary, so far as they concern
members of the other body corporate;

or, instead of dealing separately with the other body corporates profits or losses, deal as a
whole with the profits or losses of the other body corporate and, so far as they concern
members of the other body corporate, with the combined profits or losses of its subsidiaries;
and
(b)

so far as regards assets and liabilities, deal separately with the other body
corporates assets and liabilities as provided by sub-clause (2) and in addition,
deal either,
(i)

as a whole with the combined assets and liabilities of its subsidiaries, with or
without the other body corporates assets and liabilities; or

(ii)

individually with the assets and liabilities of each subsidiary; and shall
indicate, as respects the assets and liabilities of the subsidiaries, the
allowance to be made for persons other than members of the company.
PART III
Provisions Applying to Parts I and II of this Schedule

3. (1) In this Schedule, the expression vendor includes a vendor as defined in Part III of
Schedule II.
(2) Clause 31 of Schedule II shall apply to the interpretation of Parts I and II of this
Schedule as it applies to the interpretation of Part II of Schedule II.
4. If in the case of a business which has been carried on, or a body corporate which has
been carrying on business, for less than five financial years, the accounts of the business or
body corporate have only been made up in respect of four such years, three such years, two
such years or one such year, Parts I and II of this Schedule shall have effect as if references to
four financial years, three financial years, two financial years, or one financial year, as the case
may be, were substituted for references to five financial years.
5. Any report required by Part II of this Schedule shall either
(a)

indicate by way of note any adjustments as respects the figures of any profits or
losses or assets and liabilities dealt with by the report which appear to the persons
making the reports necessary; or

(b)

make those adjustments and indicate that adjustments have been made.

6. Any report by accountants required by Part II of this Schedule shall

(a)

be made by accountants qualified under this Act for appointment as auditors of a

company; and

(b)

shall not be made by any accountant who is an officer or servant or a partner or in

the employment of an officer or servant, of the company, or of the companys
subsidiary or holding company or of a subsidiary of the companys holding
company.

For the purposes of this clause the expression officer shall include a proposed director
but not an auditor.
Form of Statement in lien of Prospectus to be delivered to
Registrar by a Company which does not issue a Prospectus or
which does not go to Allotment on a Prospectus issued,
and Reports to be set out therein
(See Section 70 of the Companies Act, 1956)
PART I
Form of Statement and Particulars to be contained therein
Statement in lieu of Prospectus delivered for registration by
(Insert the name of the company)
Pursuant to section 70 of the Companies Act, 1956
Delivered for registration by
The nominal share capital of the company..................Rs.
Divided into..................Shares of Rs.

each

Amount (if any) of above capitalShares of Rs..........each.

which
consists
of
redeemable
preference shares.

The earliest date on which the

company has power to redeem these
shares.
Names, addresses, descriptions and
occupations of
(a) directors or proposed directors;
(b) managing director or proposed
managing director;
(c) managing agent
managing agent;

or

proposed

(d) secretaries and treasurers or

proposed secretaries and treasurers;
(e) manager or proposed manager.
Any provision in the articles of the
company, or in any contract
irrespective of the time when it was
entered into, as to the appointment
of and remuneration payable to the
persons referred to in (a), (b), (c), (d)
and (e) above.
If the share capital of the company is
divided into different classes of
shares, the right of voting at meeting
of the company conferred by, and the
rights in respect of capital and
dividends attached to, the several
classes of shares respectively.
Number and amount of shares and1. ....shares of Rs...fully paid.
debentures agreed to be issued as2. ....shares upon which Rs.....
fully or partly paid up otherwiseper share credited as paid.
3. .....debentures.
than in cash.
Rs..........
The consideration for the intended4. Consideration:
issue
of
those
shares
and
debentures.
Number, description and amount of1. ........shares of Rs.......and
any shares or debentures which anydebentures of Rs.....
person has or is entitled to be given
an option to subscribe for or to
acquire from, a person to whom they
have been allotted or agreed to be
allotted with a view to his offering
them for sale.

Period during which the option is2. Until

exercisable.
Price to be paid for shares
debentures
subscribed
for
acquired under the option.

or3.
or

Consideration for the option or the4. Consideration

right to option.
Persons to whom the option or the5. Names and addresses
right to option was given to existing
shareholders or debenture holders
as
such
relevant
shares
or
debentures.
Names, occupations and addresses
of vendors of property purchased or
acquired,
or
proposed
to
be
purchased or acquired, by the
company except where the contract
for its purchase or acquisition was
entered into in the ordinary course
of the business intended to be
carried on by the company or the
amount of the purchase money is
not material.
Amount
(in
cash,
shares
or
debentures) payable to each separate
vendors.
Amount (if any) paid or payable inTotal purchase price Rs. .........
cash, shares or debentures) for eachCash ............... Rs. .................
such property, specifying amount (ifShares............ Rs. .................
Debentures....... Rs. ...............
any) paid or payable for goodwill.
Goodwill ........... Rs. ...............
Short
particulars
of
everyGoodwill Rs........................
transaction relating to each such
property which was completed within
the two preceding years and in which
any vendor to the company or any
person who is or was at the time
thereof, a promoter, director or
proposed director of the company
had any interest, direct or indirect.
Amount (if any) paid or payable asAmount paid........
commission for subscribing orAmount payable..........
agreeing to subscribe or procuring or
agreeing to procure subscriptions for
any shares or debentures in the

company; or
Rate of the commission ....... ....

Rate per cent.........

The number of shares, if any, which

persons have agreed to subscribe for
a commission.
If it is proposed to acquire any
business, the amount, as certified by
the persons by whom the accounts
of the business have been audited, of
the net profits of the business in
respect of each of the five years
immediately preceding the date of
this statement, provided that in the
case of a business which has been
carried on for less than five years
and the accounts of which have only
been made up in respect of four
years, three years, two years or one
year, the above requirements shall
have effect as if references to four
years, three years, two years or one
year, as the case may be, were
substituted for references to five
years, and in any such case the
statement shall say how long the
business to be acquired has been
carried on.
Where the financial year with respect
to which the accounts of the
business have been made up is
greater or less than a year,
references to five years, four years,
three years, two years, and one year
in this paragraph shall have effect as
if references to such number of
financial years as, in the aggregate,
cover a period of not less than five
years, four years, three years, two
years or one year, as the case may
be, were substituted for references to
three years, two years and one year
respectively.
Estimated amount of preliminaryRs.........
expenses
By whom those expenses have been

paid or are payable.

Amount paid or intended to be paidName of promoter
Amount Rs.............
to any promoter.
Consideration for the payment

Consideration:

Any other benefit given or intendedName of promoter:

Nature and value of benefit;
to be given to any promoter
Consideration for the benefit
Dates of, parties to, and general
nature of
(a) contract appointing or fixing the
remuneration
of
directors,
managing director, managing agent,
secretaries
and
treasurers,
or
manager;
(b) every other material contract
(other than (i) contracts entered into
in the ordinary course of the
business intended to be carried on
by the company or (ii) entered into
more than two years before the
delivery of this statement).
Time and place at which (1) the
contracts or copies thereof or (2) (i)
in the case of a contract not reduced
into writing, a memo- randum giving
full particulars thereof, and (ii) in the
case of a contract wholly or partly in
a language other than English, a
copy of a translation thereof in
English or embodying a translation
in English of the parts in the other
language, as the case may be, being
a translation certified in the
prescribed manner to be a correct
transition may be inspected.
Names and addresses of the auditors
of the company (if any).
Full particulars of the nature and
extent of the interest of every
director,
managing
director,
managing agent, secretaries and
treasurers or manager in the
promotion of or in the property

Consideration:

proposed to be acquired by the

company, or where the interest of
such a director consists in being a
partner in a firm, the nature and
extent of the interest of the firm,
with a statement of all sums paid or
agreed to be paid to him or to the
firm in cash, shares, or otherwise, by
any person either to induce him to
become, or to qualify him as, a
director, or otherwise for services
rendered by him or by the firm in
connection with the promotion or
formation of the company.
(Signatures
named

of

the

person

above............................................

as directors or proposed directors, or............................................

of
Their agents authorised in writing.) ............................................
Date
PART II
Reports to be Set out
1. Where it is proposed to acquire a business, a report made by accountants (who shall be
named in the statement) upon,
(a)

the profits or losses of the business in respect of each of the five financial years
immediately preceding the delivery of the statement to the Registrar, and

(b)

the assets and liabilities of the business as at the last date to which the accounts
of the business were made up.

2. (1) Where it is proposed to acquire shares in a body corporate which by reason of the
acquisition or anything to be done in consequence thereof or in connection therewith will
become a subsidiary of the company, a report made by accountants (who shall be named in the
statement) with respect to the profits and losses and assets and liabilities of the other body
corporate in accordance with sub-clause (2) or (3) of this clause, as the case may require,
indicating how the profits or losses of the other body corporate dealt with by the report would,
in respect of the shares to be acquired, have concerned members of the company, and what
allowance would have fallen to be made, in relation to assets and liabilities so dealt with for
holders of other shares, if the company had at all material times held the share to be acquired.
(2) If the other body corporate has no subsidiaries, report referred to in sub-clause (1) shall

(a)

so far as regards profits and losses, deal with the profits or losses of the body
corporate in respect of each of the five financial years immediately preceding the
delivery of the statement to the Registrar; and

(b)

so far as regards assets and liabilities deal with the assets and liabilities of the
body corporate as at the last date to which the accounts of the body corporate were
made up.

(3) If the other body corporate has subsidiaries, the report referred to in sub-clause (1)
shall,
(a)

so far as regards profits and losses, deal separately with the other body corporates
profits or losses as provided by sub-clause (2) and in addition deal either,

(i)

as a whole with the combined profits or losses of its subsidiaries so far as they
concern members of the other body corporate; or

(ii)

individually with the profits or losses of each subsidiary, so far as they concern
members of the other body corporate;

or, instead of dealing separately with the other body corporates profits or losses, deal as a
whole with the profits or losses of the other body corporate and, so far as they concern
members of the other body corporate, with the combined profits or losses of its subsidiaries;
and
(b)

so far as regards assets and liabilities, deal separately with the other body corporates
assets and liabilities as provided by sub-clause (2) and, in addition, deal either
(i)

as a whole with the combined assets and liabilities of its subsidiaries with or
without the other body corporates assets and liabilities: or

(ii)

individually with the assets and liabilities of each subsidiary and shall indicate,
as respects the assets and liabilities of the subsidiaries, the allowance to be
made for persons other than members of the company.
PART III
Provisions applying to Parts I and II of this Schedule

3. (1) In this Schedule, the expression vendor includes a vendor as defined in Part III of
Schedule II.
(2) Clause 31 of Schedule II shall apply to the interpretation of Part II of his Schedule as it
applies of the interpretation of Part II of Schedule II.
4. If in the case of a business which has been carried on or of a body corporate which has
been carrying on business, for less than five financial years, the accounts of the business or
body corporate have only been made up in respect of four such years, three such years, two
such years or one such year, Part II of this Schedule shall have effect as if references to four
financial years, three financial years, two financial years or one financial year, as the case may
be, were substituted for references to five financial years.
5. Any report required by Part II of this Schedule shall either,
(a)

indicate by way of note any adjustments as respects the figures of any profits or
losses or assets and liabilities dealt with by the report which appear to the person
making the report necessary; or

(b)

make those adjustments and indicate that adjustments have been made.

6. Any report by accountants required by Part II of this Schedule,

(a)

shall be made by accountants qualified under this Act for appointment as auditors
of a company; and

(b)

shall not be made by any accountant who is an officer or servant, or a partner or in

the employment of an officer or servant, of the company or of the companys
subsidiary or holding company or of a subsidiary of the companys holding
company.

For the purposes of this clause the expression officer shall include a proposed director
but not an auditor.
(8) Agreement between the two companies to amalgamate
This agreement is made on this 5th day of June in the year two thousand and one between
Bright Electric Company Limited, a company incorporated under the Companies Act, 1956 and
having its registered office at Khari Baoli Delhi (here in after referred to as the vendor) and
Right Electricals Limited, a company incorporated under the Companies Act, 1956 having its
registered office at Lalkuan Delhi herein after referred to as the company, which expressions
shall mean and include the successors or assigns of the respective parties.
Whereas the vendor was an incorporated company with a capital of Rs. 1,00,00,000/divided into 10,00,000 shares of Rs. 10.00 each.
And whereas the memorandum of association of the vendor provided to sell, transfer and
dispose of the whole or any part of the business and undertaking of the vendor for cash or
otherwise.
And whereas the company was incorporated under the Companies Act, 1956 in the year
1963 having a capital of Rs. 110,00,000/- of 11,00,000 shares each of Rs. 10.00 and it has
been provided in the memorandum of association of the company that it may acquire by
purchase or otherwise any business, undertaking etc. in part or the whole of other company or
companies engaged in and carrying on any business which the vendor has been carrying or
can carry on in accordance with the objects of the latter.
And whereas the Articles of Association of the company provide that the company may
increase its capital from time to time.
Now it has been agreed between the vendor and the company as under:
1. That the vendor shall the whole of its business undertaking assets and property
including benefits of all its securities, cheques, bills, Hundis, subsisting contracts and also
the debts due to the vendor relating to its business as running concern since inception of the
vendor till the next 31st day of March i.e. 31.3.2002 the vendor shall continue its business
activities for the benefit of the company.
2. That from 31.3.2002 the company shall be liable for all the debts and liabilities of the
vendor and the company shall be liable to perform all the engagements. The company shall
indemnify the vendor against all claims and demands. The vendor shall be defended by the
company all actions and proceedings against the vendor.
3. That the vendor shall be paid Rs. 75,00,000/- as consideration by the company for the
said purchase out of which Rs. 25,00,000/- shall be paid by bank draft and the remaining
50,00,000/- by issue of equity shares of the company each of Rs. 10.00 fully paid for which the
vendor has given its consent in writing.
4. That the company shall create and issue 5,00,000 equity shares each of Rs. 10.00 and
for that purpose the company shall resolve in the Especial General Meeting called for the
purpose in accordance with the provisions of the Companies Act 1956.

5. That the title deeds of all the movable and immovable properties of the vendor along with
abstract of such properties shall be delivered to the company by the vendor within 30 days of
the date of this agreement.
6. That on the 31st day of March 2001 the company shall deliver a bank draft of Rs.
25,00,000/- and also 5,00,000 fully paid equity shares of the company to the vendor.
7. That for the purposes of stamp duty the value of the immovable properties of the vendor
shall be taken at Rs............. and that of the goodwill, benefits of the subsisting contracts,
securities, debts, stocks fittings and fixtures and all other properties of the vendor shall be
taken at Rs.............
8. That the vendor shall execute required documents and do all the things connected with
the said purchase and sale in order to vest all the properties being subject matter of this
agreement in the company.
In witness whereof the vendor and the company have put their hands through their
respective directors in presence of the witnesses under mentioned.
Signed, sealed and delivered by A.K.
Sen- gupta director of the Vendor
Bright
Electric
Company
Ltd.
pursuant to resolution No. 96 dated
3.1.2001 in presence of:
1. ........................

Signature of A.K. Sengupta for

And on behalf of the vendor.

2. ........................
Signed, sealed and delivered by B.K.
Daruwala Director of the company
Right Electricals Ltd. pursuant to
resolution No. 82 dated 7.1.2001 in
presence of:
1. ........................

Signature of B.K. Daruwala for

And on behalf of the company.

2. ........................
(9) Notice to share holders for reduction of share capital
To,
Date : 13th August, 2002
......................
......................
......................
REGD. FOLIO NO./CLIENT ID

NO. OF SHARES HELD

100

Dear Shareholder/s,
Ref. : REHABILITATION SCHEME
Sub. : REDUCTION OF SHARE CAPITAL

As you are aware, the Board for Industrial & Financial Reconstruction (BIFR) has approved
the scheme for rehabilitation of the Company vide its Order dated 6th September, 2001. The
salient features of the scheme are as follows :
FINANCIAL INSTITUTIONS :
Full and final settlement on the following terms and conditions :
(A)

Waiver of all unpaid charges upto date including simple interest, compound
interest, penal interest, liquidated damages and other charges etc.

(B)

Repayment of principal term loan of Rs. 91.96 Crores, Rs. 45.00 Crores within 6
months from the date of sanction of scheme out of promoters contribution and
balance of Rs. 46.96 Crores without interest from internal accruals in 3 equal
annual installments.

(C)

Conversion of Cumulative Redeemable Preference Shares of Rs. 16.90 Crores and

Zero Rate Non Convertible Debentures of Rs. 9.11 Crores into 2,60,08,210 Equity
Shares of Rs. 10/- each at par aggregating to Rs. 26,00,82,100/- and
subsequently to write-off 9 Equity Shares out of every existing 10 Shares.

BANKS :
(D)

In order to regularise existing irregularities, Banks shall grant Working Capital

Term Loan of Rs. 25.00 Crores @ interest 1% below Prime Lending Rate (PLR).

(E)

Margin money on Letter of Credit and Bank Guarantee reduced to 5% from

existing level of 17.5%.

(F)

To refund with respect to value dating as on the date of deduction, penal interest,
liquidated damages and other excess charges recovered by Banks during the
period of Cash Losses amounting to Rs. 8.00 Crores.

(G)

To provide required Working Capital during period of Rehabilitation at Prime

Lending Rate of Lead Bank.

GOVERNMENT OF GUJARAT :
(H)

Electricity Duty Deferment Loan of Rs. 5.40 Crores for a period of 3 years,
repayable with Simple Interest @ 12% p.a.

(I)

Allowing the Company to utilise on or before March, 2040 full sales tax exemption
instead of slab exemption within the overall limit of Rs. 29.58 Crores.

EQUITY SHAREHOLDERS AND PROMOTERS :

(J)

To write-off nine equity shares out of every ten equity shares held presently.

(K)

Promoters to induct Rs. 30.00 Crores as New Equity within three months and
further Rs. 15.00 Crores as an unsecured loan without interest or Preference
Share Capital within six months from the date of sanction of scheme.

(L)

Pledge of Promoters Shares to the Financial Institutions and Banks till the
repayment of their dues as per scheme.

In order to implement the scheme, the Board of Directors at its meeting held on 13.08.2002
has resolved to cancel 9 Equity Shares out of 10 Equity Shares held w.e.f. 23.09.2002.
Accordingly, paid up equity share capital of the company as on 23.09.2002 shall stand reduced
from Rs. 1,25,61,82,200 to Rs. 12,56,18,220 and consequently the existing equity share
certificate issued on or prior to 23.09.2002 shall stand cancelled.

In case your existing share holding results in fraction of a share pursuant to reduction of
equity share capital then the same shall be dealt as follows :
1. Your fractional holding may be transferred to the Directors of the Company as
trustee who will dispose off the fraction shares and distribute the proceeds among
the share holders in proportion to their fractional share holding; or
2. The Directors may transfer full one New Share in lieu of your fractional holding from
their personal holding as may be decided by them.
The Company will issue and despatch New Share Certificate(s) of Reduced Share holding in
Exchange of Original Share Certificate(s) which must be sent to the Registered Office of the
Company. If you do not receive the New Share Certificate(s) within two months from surrender
of Certificate please write to Secretarial Department, Steelco Gujarat Limited, Plot No. 2, GIDC
Estate, Palej-392 220, Dist.-Bharuch.
We would like to state that in view of compulsory trading of Shares of your Company in
Dematerialised Form, it would be advisable to have new share holding of the company in
dematerialised form. In order to facilitate the same, you may select option No. 1 in form No. A
and send the same to the Secretarial Department of the Company. Please note that the exercise
of option to receive the shares in Demat Form at this stage will not attract any cost of
Dematerialisation of Shares which is otherwise incurred by shareholders.
Thanking you,
Yours faithfully,
For Steelco Gujarat Limited,
N.M. Mohnot
Director (Finance)
To,

FORM NO. A
THE SECRETARIAL DEPARTMENT,
STEELCO GUJARAT LIMITED,
Plot No. 2, GIDC Estate,
Palej-392 220, Dist. Bharuch.
Folio No. :

Form No. :

This has reference to your letter dated 13.08.2002 on the captioned subject. I/We have
noted that the Equity Share Capital of the Company shall be reduced by 90% as per the
scheme approved by BIFR and accordingly. I/We are enclosing herewith existing fully Paid Up
Share Certificates as detailed below for the purpose of cancellation and issue of New Shares
under option 1 or 2.
CERTIFICATE NO(S)., DISTINCTIVE NO(S)., NO. OF SHARE(S) Selection of Option : Please
Tick any one option. () Option (1) I/We OPT for issue of My/Our New Shares in Demat Form.
Name of the Depository (NSDL/CDSL) Name of the Depository Participant
DP-ID No.
My/Our Client-ID No.
Option (2) We hereby request you to issue and despatch new consolidated Share Certificate
for reduced shareholding in physical form.

Thanking you,
Your faithfully,
NAME OF SHARE HOLDER(S)

SIGNATURE

1. .......................

1. ........................

2. .......................

2. ........................

3. .......................

3. ........................

(To be signed by all the Joint Holders)

Instructions for Exercising Your Options :
1. This form should be returned to the Company alongwith Share Certificate(s) before
23.09.2002.
2. Shareholders have option to receive New Shares pursuant to reduction in Capital either
in Demat Form or Physical Share Certificate. You may select any one option by marking against
option selected.
3. Please ensure that DP Name and your ID number are mentioned in legible writing
without overwriting/corrections.
4. In case of mismatch of Shareholders particulars regarding Name of Shareholder, DP
Name & ID Number, the Company reserves right to issue Share Certificate in Physical Form.
5. In case existing shares are partly paid up, balance call money may be sent by Account
Payee Demand Draft in favour of Steelco Gujarat Ltd. Payable at Vadodara alongwith Share
Certificate to enable us to issue New Share Certificates.
ACKNOWLEDGEMENT SLIP
Received .......................... Equity Shares of Steelco Gujarat Limited From .................. for
cancellation and issuance of New Share Certificate(s) in Respect of Reduced Equity Share
Capital of the Company.
Signed & Sealed

14. CONJUGAL RIGHTS

SYNOPSIS
1. General.
2. Dissolution of marriage
3. Decree of divorce
4. Nullity of marriage

5. Voidable marriages
6. Judicial separation
7. Jurisdiction
8. Maintenance Pendente lite and expenses of proceedings
9. Contents of petition
10. Model Forms
(1) Petition for restitution of conjugal rights
(2) Petition for judicial separation
(3) Petition for decree of nullity of marriage
(4) Petition for annulment of marriage.a
(5) Petition for dissolution of marriage by a decree of divorce
(6) Petition for dissolution of marriage by decree of divorce by mutual consent
(7) Petition for grant of leave to present petition for divorce within one
year of marriage
(8) Application for maintenance pendente lite and expenses of proceedings
(9) Application for permanent alimony and maintenance
(10) Petition by husband for dissolution of marriage with damages against
co-respondent by reason of adultery
(11) Petition for judicial separation by reason of cruelty
(12) Petition for reversal of decree of separation
(13) Petition for protection order
(14) Petition for alimony pending the suit
(15) Petition for restitution of conjugal rights
(16) Petition for decree of nullity of marriage
(17) Petition for declaration of no effect of registration of marriage
(18) Petition for annulment of marriage
(19) Petition for judicial separation
(20) Petition for divorce
(21) Petition for divorce by mutual consent
(22) Petition for leave to present petition for divorce within one year of the
date of entering certificate of marriage in the Marriage Certificate Book
(23) Petition for alimony pendente lite
(24) Application for permanent alimony and maintenance

1. General.Marriage is a civil and religious contract by which a man is joined to a woman for
the purposes of the civilised society. The Hindu and Mohammedan marriages are mainly
governed by the personal laws of the communities and customs. Mohammedan law permits a
Muslim to marry up to four wives. Marriage imposes duty upon both the spouses to live
together and to cohabit with each other as husband and wife.
2. Dissolution of marriage.The law relating to marriage, divorce and other matrimonial
causes are not uniform. So far as Hindus are concerned, their matrimonial causes are
governed by Hindu Marriage Act, 1955 whereas under Mohammedan law the husband enjoyed

one sided liberty of divorce and the wife had very limited rights in that behalf, but the position
somewhat changed by the enactment of Dissolution of Muslim Marriage Act, 1939.
Under Section 10 of the Indian Divorce Act, any husband can present a petition to the District
Court or to the High Court for dissolution of his marriage on ground of adultery by his wife and
likewise the wife can also present similar petition on similar ground i.e. her husband has
exchanged his profession of Christianity to the profession of some other religion, or has been
guilty of incestuous adultery or of bigamy with adultery or of marriage with other women with
adultery or of rape or sodomy or bestiality or of adultery coupled with such cruelty, as without
adultery would have entitled her to a divorce a mensa et toro or of adultery coupled with
desertion without reasonable excuse for two years or more. Under Indian Divorce Act Court is
authorised to grant relief only in cases where the petitioner or the respondent professes the
Christian religion.
3. Decree of divorce.In spite of order passed by High Court, the appellant has not paid even
a single penny to the wife what to folk of regularly paying the amount of maintenance and
litigation expenses. As such, the husband is not entitled to decree of divorce. [Naresh Kumar v.
Sarabjeet Kaur, AIR 2007 P&H 47].
However under the Hindu Marriage Act, 1955, a marriage can be dissolved by a decree of
divorce on any of the numerous grounds contained in Section 13 of the Act which reads as
under :
13. Divorce.(1) Any marriage solemnized, whether before or after the commencement of this
Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or
(i-a) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(i-b) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the period; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound, or has been suffering conti nuously or intermittently from
mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
Explanation.In this clause,
(a) the expression mental disorder means mental illness, arrested or incomplete development
of mind, psychopathic disorder or any other disorder or disability of mind and include
schizophrenia;
(b) the expression psychopathic disorder means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally aggressive
or seriously irresponsible conduct on the part of the other party and whether or not it requires
or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons
who would naturally have heard of it, had that party been alive;

Explanation.In this sub-section, the expression desertion means the desertion of the
petitioners by the other party to the marriage without reasonable cause and without the
consent or against the wish of such party, and includes the willful neglect of the petitioner by
the other party to the marriage, and its grammatical variations and cognate expressions shall
be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this
Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the
ground,
(i) that there has been no resumption of cohabitation as between the parties to the marriage for
a period of one year or upwards after the passing of a decree for restitution of conjugal rights in
a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage
for a period of [one] year or upward after the passing of a decree of restitution of conjugal rights
in a proceeding to which were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce
on the ground,
(i) in the case of any marriage solemnized before the commence ment of this Act, that the
husband had married again before such commencement or that any other wife of the husband
married before such commencement was alive at the time of the solemnization of the marriage
of the petitioner :
Provided that in either case the other wife is alive at the time of the presentation of the petition;
or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy
or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 78 of 1956, or
in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, Act 2 of 1974 (or
under corresponding Section 488 of the Code of Criminal Procedure, 5 of 1898), a decree or
order, as the case may be, has been passed against the husband awarding maintenance to the
wife notwithstanding that she was living apart and that since the passing of such decree or
order, cohabitation between the parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not, was solemnized before she attained the
age of fifteen years and she has repudiated the marriage after attaining that age but before
attaining the age of eighteen years.
ExplanationThis clause applies whether the marriage was solemnized before or after the
commencement of the Marriage Law (Amendment) Act, 1976.
A Mohammedan husband has the sanction of Koran to give talak to his wife any time but a
Muslim women married under Muslim law on any one or more grounds provided under Section
2 of the Dissolution of Muslim Marriage Act, 1939 which reads as under :
2. Grounds for decree for dissolution of marriage.A woman married under Muslim law shall
be entitled to obtain a decree for the dissolution of her marriage on any one or more of the
following grounds, namely :
(i)
that the whereabouts of the husband have not been known for a period of four years;
(ii)

that the husband has neglected or has failed to provide for her maintenance for a period of two
years;
(iii)
that the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv)
that the husband has failed to perform, without reasonable cause, his martial obligations for a
period of three years;
(v)
that the husband was impotent at the time of the marriage and continues to be so;
(vi)
that the husband has been insane for a period of two years or is suffering from leprosy or a
virulent venereal disease;
(ii)
that she, having been given in marriage by her father or other guardian before she attained the
age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
Provided that the marriage has not been consummated;
(viii)
that the husband treats her with cruelty, that is to say,
(a)
habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct
does not amount to physical ill-treatment; or
(b)
associates with women of evil repute or leads an infamous life; or
(c)
attempts to force her to lead an immoral life; or
(d)
disposes of her property or prevents her exercising her legal rights over it; or
(e)
obstructs her in the observance of her religious profession or practice; or
(f)
if he has more wives than one, does not treat her equitably in accordance with the injunctions of
the Qoran;
(ix)
on any other ground which is recognised as valid for the dissolution of marriages under Muslim
law :
Provided that
(a)
no decree shall be passed on ground (iii) until the sentence has become final;
(b)

a decree passed on ground (i) shall not take effect for a period of six months from the date of such
decree and if the husband appears either in person or through an authorised agent within that
period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall
set aside the said decree; and
(c)
before passing a decree on ground (v) the Court shall, on application by the husband, make an
order requiring the husband to satisfy the Court within a period of one year from the date of such
order that he has ceased to be impotent, and if the husband so satisfies the Court within such
period, no decree shall be passed on the said ground.
4. Nullity of marriage.Any husband or wife may present a petition to the District Court or to
the High Court for declaration of his or her marriage null and void and such decree may be
made on any of the following grounds :
(1) that the respondent was impotent at the time of the marriage and at the time of institution
of the suit;
(2) that the parties are within the prohibited degrees of consan guinity (whether natural or
legal) or affinity;
(3) that either party was a lunatic or idiot at the time of the marriage;
(4) that the former husband or wife of either party was living at the time of the marriage and
the marriage with such former husband or wife was then in force. Where consent of the either
party was obtained by force or fraud, the High Court has jurisdiction to make decree of nullity
of marriage on this ground.
Under the Hindu Marriage Act, 1955 a marriage solemnized after the commencement of the Act
shall be null and void and may on petition presented by either party thereto against the other
party be so declared by decree of nullity if,
(1) either party had a spouse living at the time of marriage;
(2) the parties were within the degrees of prohibited relationship unless the usage or custom
governing each of them permitted a marriage between the two; and
(3) the parties are sapindas of each other unless the custom or usage governing each of them a
marriage between them.
5. Voidable marriages.The grounds on which a marriage can be declared voidable have been
given in Section 12 of the Hindu Marriage Act, 1955 which reads as under :
(1) Any marriage solemnized, whether before or after the commence ment of this Act, shall be
voidable and may be annulled by a decree of nullity on any of the following grounds, namely :
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the
petitioner was required under Section 5 as it stood immediately before the commencement of
the Child Marriage Restraint (Amendment) Act, 1976, the consent of such guardian was
obtained by force or by fraud as to the value of the ceremony or as to any material fact or
circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than
the petitioner.

(2) Notwithstanding anything contained in sub-section (1) no petition for annulling a marriage

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
(i) the petition is presented more than one year after the force had ceased to operate or, as the
case may be, the fraud had been discovered; or
(ii) the petitioner has, with or her full consent lived with the other party to the marriage as
husband or wife after the force had ceased to operate or, as the case may be, the fraud had
been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court
is satisfied,
(i) that the petitioner was at the time of marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the
commencement of this Act within one year of such commencement and in the case of
marriages solemnized after such commencement within one year from the date of the marriage;
and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the
discovery by the petitioner of the existence of the said ground.
6. Judicial separation.Either party to the marriage may present a petition praying for a
decree of judicial separation on any of the grounds specified in sub-section (1) of Section 13,
I.C. the grounds on which a decree of divorce can be prayed for and on passing of such a
decree it shall no longer be obligatory for the petitioner to cohabit with the respondent.
However on being satisfied with the truth of the statements made in the petition, the Court
may rescind the decree if it considers it just and reasonable to do so. Thus the Court can pass
a decree of judicial separation as an alternate relief in a petition for divorce. Matrimonial
proceedings under the Hindu Marriage Act being essentially of a civil nature have to be decided
on preponderance of probabilities and the Court is not required to be satisfied beyond
reasonable doubt as is required in a criminal trial and hence the Court cannot refuse to act on
the ex parte evidence on the single ground that there is no corroborative evidence where there
is no intrinsic infirmity or improbability therein.
7. Jurisdiction.Every petition under the Hindu Marriage Act, 1955 shall be presented to the
district Court within the local limits of whose ordinary original jurisdiction the marriage was
solemnized or the respondent at the time of presentation of the petition resides or the parties
to the marriage last resided together or the petitioner is residing outside the territories to which
the Act extends, or has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him if he were alive. The Family Court Act,
1984, has conferred jurisdiction on the family courts the jurisdiction of District Courts and
subordinate Courts which can exercise jurisdiction of a Magistrate under Criminal Procedure
Code for making orders for payment of maintenance.
8. Maintenance pendente lite and expenses of proceedings. Where in any proceedings
under the Hindu Marriage Act, 1955, it appears to the Court either the wife or the husband, as
the case may be, has no independent income sufficient for her or his support and the
necessary expenses of the proceedings, it may on the application of the wife or the husband,
order the respondent to pay to the petitioner the expenses of the proceedings and monthly
during the proceeding such sum as having regard to the petitioners own income and the
income of the respondent, it may seem to the Court to be reasonable.

9. Contents of petition.In addition to the particulars required to be given under Order VII
Rule 1 of the Code and Section 32 of the Special Marriage Act, 1954, every petition for judicial
separation, nullity or marriage or divorce shall contain the following particulars :
(a) The place and date of marriage.
(b) The name, status and domicile of the wife and the husband before the marriage and at the
time of filing the petition.
(c) The address where the parties to the marriage reside at the time of the presentation of the
petition and last resided together.
(d) Where the wife petitioner invokes Section 31(2) of the Act, the address at which she has
ordinarily resided during the three years immediately proceeding the presentation of the
petition, and the length of her residence at each address, and the place of residence of the
husband.
(e) The names of the children, if any, of the marriage, their sex and their dates of birth or ages.
(f) If prior to the date of the petition there has been any proceeding under the Act between the
parties to the petition, full particulars thereof.
(g) The matrimonial offence of offences alleged or other grounds upon which the relief is
sought, setting out with sufficient particularity the time and places of the acts alleged, and
other facts relied upon, but not the evidence by which they are intended to be proved e.g. :
(i) If the petition is for restitution of conjugal rights, the date on or from which and the society
of the petitioner.
(ii) If the petition is under Section 25 (ii) of the Act, whether the petitioner was, at the time of
the marriage, ignorant of the facts alleged and whether marital intercourse with the consent of
the petitioner has taken place since the discovery by the petitioner of the existence of the
grounds for a decree.
(iii) If the petition is under Section 25 (iii) of the Act, the parties are of coercion or fraud and the
circumstances in which coercion or fraud had been practised along with the time when the
coercion ceased or the fraud was discovered and whether or not the petitioner has with his or
her free consent lived with the other party to marriage as husband and wife after the coercion
had ceased or, as the case may be, the fraud had been discovered.
(iv) If the petition is for judicial separation/divorce on the ground of adultery, the name,
occupation and place of residence of adulterer/adulterees or adulterers/adulteresses, as the
case may be, so far as they can be ascertained.
(v) If the petition is on the ground of desertion, the date and the circumstances in which it
began.
(vi) If the petition is on the ground of cruelty, the specified acts of cruelty and the occasion
when and the place where such acts were committed.
(vii) If the petition is on the ground of unsoundness of mind or mental disorder, the time when
such unsoundness of mind or mental disorder began to manifest itself and the nature and the
period of the curative steps taken.
(viii) If the petition is on the ground of venereal disease in a communicable form or leprosy,
when such ailment began to manifest itself and the nature and the period of the curative steps
taken.

(ix) If the petition is on the ground specified in clause (h) of Section 27 of the Act, the date and
the place where the respondent was last seen or heard of alive and the steps, if any, taken to
ascertain his or her whereabouts.
(x) If the petition is founded on the ground of bestiality, the occasion when, the place where and
the particulars of the beast with whom the husband had been guilty of bestiality.
(xi) If the petition is for divorce under Section 27 (1-A)(ii) of the Act, the particulars of the
decree under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or of order under
Section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding Section 488
of the Code of Criminal Procedure, 1898) together with an affidavit that since the passing of
such decree or order, cohabitation between the parties had not been resumed for one year or
upwards.
(xii) If the petition is under Section 28 of the Act, the date since when the parties have been
living separately and whether, or not they have been able to live together and whether the
mutual agreement dissolving the marriage is verbal or evidenced by a document in writing.
(h) Every petition under Chapter V or Chapter VI of the Act shall state that there is no collusion
between the petitioner and the other party to the marriage.
(i) The claim for damages, if any, with particulars.
(j) The relief or reliefs prayed for.
10. Model Forms
(1) Petition for restitution of conjugal rights
In the District Court at......................

......................Petitioner
Versus
......................Respondent

The petitioner prays as follows :

(1) A marriage was solemnized between the parties, according to Hindu rites and
ceremonies on...................... at...................... The said marriage is registered with the
Registrar of Marriages. A certified copy of the relevant extract from the Hindu Marriage Register is
filed herewith, and affidavit, duly attested.
(2) The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
(3) In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
(4) The respondent has, without reasonable excuse, withdrawn from the society of the
petitioner with effect from................ (The circumstances under which the respondent withdrew
from the society of the petitioner be stated).
(5) The petition is not presented in collusion with the respondent.

(6) There has not been any unnecessary or improper delay in filing the petition.
(7) There is no other legal ground why relief should not be granted.
(8) There has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

(9) The marriage was solemnized.................. The parties last resided together
at...................... The parties are now residing at...................... (with the local limits of the
ordinary original jurisdiction of this Court).
(10) The petitioner submits that this Honble Court has jurisdiction to try and entertain
this petition.
(11) The petitioner prays for a decree of restitution of conjugal rights against the
respondent.
Sd/-...................
Verification :
The above named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras................ to.................. are true
to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
......................Petitioner
Dated....................

(2) Petition for judicial separation

In the District Court at......................
Versus
..........................Petitioner
..........................Respondent
......................Co-respondent
The petitioner prays as follows :

1. A marriage was solemnized between the parties/petitioner and the respondent according
to Hindu rites and ceremonies on...................... at...................... The certified copy of the
relevant from the Hindu Marriage Register...................... is filed herewith.
An affidavit, duly attested.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. The respondent has...................... (anyone or more of the grounds available under
Section 10 may be pleaded here. The matrimonial offences charged should be set in separate
paragraphs with times and places of their alleged commission. The facts on which the claim to
relief is founded should be stated in accordance with the Rules and as distinctly as the nature
of the case permits).
5. Where the ground of petition is the ground specified in clause (i) or Section 13 (1). The
petitioner has not in any manner been necessary to or connived at or condoned the acts
complained of.
6. Where the ground of petition is cruelty. The petitioner has not in any manner condoned
the cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in filing this petition.
9. There is no other legal ground why the relief should not be granted.
10. There have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
OR
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

1
(i)
(ii)
(iii)
(iv)

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

11. The marriage was solemnized.................The parties last resided together

at...................... The parties are now residing at...................... (with the local limits of the
ordinary original jurisdiction of this Court).
12. The petitioner submits that this Honble Court has jurisdiction to try and entertain this
petition.
13. The petitioner therefore prays for a decree for judicial separation against the
respondent.
Sd/-......................
Petitioner
Verification :
The above named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras.................. to................. are true
to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated...................
(3) Petition for decree of nullity of marriage
In the District Court at......................
Versus
......................Petitioner
......................Respondent
The petitioner prays as follows :
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies
after the commencement of the Hindu Marriage Act on............... at................... A certified copy
of the relevant extract from the Hindu Marriage Register is filed. An affidavit, duly attested,
herewith.
2. The status and the place of residence of the parties to the marriage before the marriage
and at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. The respondent had a spouse living at the time of the marriage (give full particulars).
The parties are within the degrees of prohibited relationship and there is no custom or
usage governing each of them which permits of a marriage between the two. (Specify the exact
relationship between the parties).

The parties are sapindas of each other and there is no custom or usage governing each of
them which permits of a marriage between the two. (Specify the exact relationship between the
parties).
(One or more of the above grounds may be pleaded, and portions which are not applicable
should be scored out. Facts on which the claim to relief is founded should be stated in
compliance with the rules and as distinctly as the nature of the case permits).
5. There has not been any unnecessary or improper delay in filing the petition.
6. There is no other legal ground why the relief should not be granted.
7. There have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

8. The marriage was solemnized................... The parties last resided together

at...................... The parties are now residing at...................... (within the local limits of the
ordinary original jurisdiction of this court).
9. The petitioner submits that this Honble Court has jurisdiction to entertain this petition.
10. The petitioner, therefore, prays that the marriage solemnized between the parties being
null and void may be so declared by the Court by a decree of nullity.
Sd/-......................
Petitioner
Verification
The above named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(4) Petition for annulment of marriage.a
In the District Court at......................
....................Petitioner

Versus
.....................Respondent
The petitioner prays as follows :
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies
after the commencement of the Hindu Marriage Act on ...................... at................ A certified
copy of the relevant extract from the Hindu Marriage Register/An affidavit, duly attested is filed
herewith.
2. The status and place of residence of the parties to the marriage before the marriage at
the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. One or more of the grounds as specified in Section 12 of the Act may be pleaded here.
Facts on which the claim to relief is founded should be stated in accordance with the Rules as
distinctly as the nature of the case permits).
5. The petition is not instituted in collusion with the respondent.
6. There has not been any unnecessary or improper delay in filing this petition.
7. There is no other legal ground why the relief should not be granted.
8. There have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

9. The marriage was solemnized at ............... The parties last resided together
at ...................... The parties are now residing at...................... (with the local limits of the
ordinary original jurisdiction of this Court).
10. The petitioner submits that this Honble Court has jurisdiction to try and entertain this
petition.

11. The petitioner, therefore, prays that the marriage between the parties being voidable,
may be annulled by the Court by a decree of nullity.
Sd/-......................
Petitioner
Verification
The above named petitioner states on solemn affirmation that paras 1 to.................... of the
petition are true to the petitioners knowledge and paras.................. to...................... are true
to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(5) Petition for dissolution of marriage by a decree of divorce
In the District Court at......................
......................Petitioner
Versus
......................Respondent
......................Co-Respondent
The petitioner prays as follows :
1. A marriage was solemnized between the parties/petitioners and the respondent
according to Hindu rites and ceremonies on ...................... at...................... A certified copy of
the relevant extract from the Hindu Marriage Register/An affidavit, duly attested, is filed
herewith.
2. The status and place of residence of the parties to the marriage before the marriage at
the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. The respondent...................... (One or more of the grounds specified in Section 13 may
be pleaded here. The facts on which the claim to relief is founded should be stated in
accordance with the Rules and as distinctly as the nature of the case permits. If grounds as
specified in clause (i) of Section B (10) is pleaded, the petitioner should give particulars as
nearly as he can of the facts of voluntary sexual intercourse alleged to have been committed.
The matrimonial offence/offences charged should be set in separate paragraphs, with the
times and places of their alleged commission).

5. Where the ground of petition is the ground specified in clause (i) or sub-section (1) of
Section 13. The petitioner, has not in any manner been accessory to or connived at or
condoned the act(s) complained of.
6. Where the ground of petition is cruelty. The petitioner has not in any manner condoned
the cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in filing the petition.
9. There is no other legal ground why the relief should not be granted.
10. There have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

11. The marriage was solemnized................. The parties last resided together
at...................... The parties are now residing at...................... (with the local limits of the
ordinary original jurisdiction of this court).
12. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
11. The petitioner, therefore, prays that the marriage between the parties and the
respondent may be dissolved by a decree of divorce.
Sd/-......................
Petitioner
Verification :
The above named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(6) Petition for dissolution of marriage by decree of divorce by mutual consent
In the District Court at......................

Petitioner No. 1
Petitioner No. 2
The petitioners pray as follows :
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies
on ...................... at...................... A certified copy of the relevant extract from the Hindu
Marriage Register/An affidavit, duly attested is filed herewith.
2. The status and place of residence of the parties to the marriage before the marriage at
the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. In this paragraph state the place where the parties to the marriage last resided and the
names of the children, if any, of the marriage together with their sex, dates of birth or ages.
4. That the parties to the petition have been living separately since and have not been able
to live together since then.
5. That the parties to the petition have mutually agreed that their marriage should be
dissolved.
6. That the mutual consent has not been obtained by force, fraud or undue influence.
7. That the petition is not presented in collusion.
8. That there is no other legal ground why relief should not be granted.
9. The petitioners submits that this court has jurisdiction to entertain this petition.
10. The petitioners, therefore, pray that the marriage between the parties may be dissolved
by a decree of divorce.
Sd/-......................
Petitioners

Verification
The above named petitioners state on solemn affirmation that paras 1
to............................... of the petition are true to the their knowledge and paras.........................
to...................... are true to the their information received and believed to be true by them.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(7) Petition for grant of leave to present petition for divorce within one year of marriage
[Application under Section 14 of the Hindu Marriage Act, 1955
(No. 25 of 1955)]

In the District Court at......................

......................Petitioner
Versus
......................Respondent
The applicant prays as under :
1. A marriage was solemnized between the parties/petitioners and the respondent
according to Hindu rites and ceremonies on ...................... at...................... A certified copy of
the relevant extract from the Hindu Marriage Register/An affidavit, duly attested is filed
herewith.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
(Whether a party is a Hindu by religion or not is a part of his or her status).
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. This is a case of exceptional hardship to the petitioner/exception depravity on the part
of...................... as (state here in accordance with the respondent Rules and as distinctly as
the nature of the case permits all the particulars about the exceptional hardship or depravity,
as the case may be).
5. The marriage was solemnized at...................... The parties last resided together
at...................... (within the local limits of the ordinary original jurisdiction of this court).
6. The petitioner submits that this Honble Court has jurisdiction to try and entertain the
application.
7. The applicant therefore prays that he/she may be allowed to present a petition for divorce
within one year of the marriage.
Verification
The above named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the applicants knowledge and paras............... to................... are true
to the applicants information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Applicant
Dated......................
(8) Application for maintenance pendente lite and expenses of proceedings
In the District Court at......................
......................Petitioner

Versus
......................Respondent
The applicant prays as follows :
1. A proceeding for...................... under Section...................... of the Hindu Marriage Act,
1955, is pending between the parties in this Court, the next date of hearing is......................
2. The petitioner owns no other movable or immovable property and has no other sources of
income except the following...................... (Given full particulars of the petitioners property
and income).
3. The petitioner has no independent income sufficient for his/her support and the
necessary expenses of the proceeding. The respondent has not made any provision for the
petitioners maintenance.
4. The respondent has sources of income and owns movable and immovable property
mentioned below :
5. The only person dependent upon the respondent the petitioner himself/herself or the
petitioner and (Give here the details of the liabilities of any, of the parties along with the details
of the dependents, if any, and the names and ages of such dependents).
6. The petitioner submits that having regard to the Respondents own income and his/her
property and having regard to the conduct of the Respondent and the petitioner, a sum of
Rs....................... per month as and by way of maintenance and support is the just and proper
amount for the maintenance and support of the petitioner.
7. The petitioner prays that the respondent should be ordered to pay a sum of
Rs....................... as the petitioners expenses of the proceeding and a sum of Rs.......................
monthly for the petitioners maintenance during the proceeding.
Sd/-......................
Petitioners
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(9) Application for permanent alimony and maintenance
In the District Court at......................
......................Applicant
Versus
......................Respondent
The applicant prays as follows :
1. A proceeding between the parties for...................... under Section...................... of the
Hindu Marriage Act, 1955, is pending in/was decided, by this Court, particulars of which are
given below :

(In case main proceeding is pending, given only the next date of hearing)
Name and year

Name of parties

Date of decision

Remarks

2. The applicant owns no other movable or immovable property and has no other source of
income except the following...................... (Give full particulars about applicants income and
property).
3. The respondent has sources of income and owns movable and immovable property
mentioned below :
...................... (Give full particulars of respondent's income and property).
4. The only person dependent upon the respondent is the applicant himself/herself or the
applicant and (Give here the details of the liabilities if any, of the parties along with the details
of the dependents).
5. The respondent has not made any provision for the applicants maintenance.
6. The applicant has not remarried and has not been guilty of any conduct which would
disentitle him/her to receive maintenance from the respondent.
7. The applicant submits that he/she is entitled to alimony for his/her maintenance and
support in any amount sufficient to maintain the applicant in the standard of life to which
he/she is accustomed.
8. The applicant prays that having regard to the income of the parties, their conduct, and
other circumstances of the case, the respondent may be ordered to pay to the applicant for
his/her maintenance and support until death or remarriage a gross/monthly/periodical sum
of Rs............... (score out portion not necessary) and such payment may be secured by a
charge on the movable property of the respondent.
Sd/-......................
Applicant
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petitioner are true to the petitioners knowledge and paras...................... to......................
are true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(10) Petition by husband for dissolution of marriage with damages against co-respondent
by reason of adultery
(See Sections 10 and 34 of Indian Divorce Act, 1869)
In the (High) Court of
To the Honble Mr. Justice...................... (or to the Judge of....................)
The...................... day of......................186.
The petition of A.B. of
SHEWETH,

1. That your petitioner was on the...................... day of.................... one thousand eight
hundred and...................... lawfully married to C.B., then C.D., spinster at......................
2. That from his said marriage, your petitioner lived and cohabited with his said wife
at...................... and at......................, in...................... and lastly at......................,
in...................... and that your petitioner and his said wife have issue of their said marriage,
five children, of whom two sons only survive, aged respectively twelve and fourteen years.
3. That during the three years immediately preceding the................. day of......................
on thousand eight hundred and...................... X.Y. was constantly with a few exceptions,
residing in the house of your petitioner at...................... aforesaid, and that on diverse
occasions during the said period, the dates of which are unknown to our petitioner, the said
C.B., in your petitioners said house committed adultery with the said X.Y.
4. That no collusion or connivance exists between me and my said wife for the purpose of
obtaining a dissolution of our said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Honble) Court will decree a dissolution of the
said marriage, and that the said X.Y. do pay the sum of Rupees 5,000 as damages by reason of
his having committed adultery with your petitioners said wife, such damages to be paid to your
petitioner, or otherwise paid or applied as to this (Honble) Court seems fit.
(Signed) A.B.
Form of Verification
I, A.B, the petitioner named in the above petition, do declare that what is, stated therein is
true to the best of my information and belief.
(11) Petition for judicial separation by reason of cruelty
(See Section 22 of Indian Divorce Act, 1869)
In the (High) Court of......................
To the Honble Mr. Justice.....................(or To the Judge of.....................)
The...................... day of......................186
The petition of A.B., (wife of C.B.) of
SHEWETH :
1. That on the...................... day of...................... one thousand eight
and...................... your petition, then A.D., spinster, was lawfully married to C.B., at

hundred

2. That from her said marriage, your petitioner lived and cohabited with her said husband
at...................... until the...................... day of....... one thousand eight hundred
and...................... when your petitioner separated from her said husband as hereinafter more
particularly mentioned, and that your petitioner and her said husband have had no issue of
their said marriage.
3. That from and shortly after your petitioners said marriage, the said C.B. habitually
conducted himself towards your petitioner with great harshness and cruelty, frequently
abusing her in the coarsest and most insulting language, and beating her with his fists, with a
cane, or with some other weapon.
4. That on an evening in or about the month of...................... on thousand eight hundred
and...................... the said C.B. in the highway and opposite to the house in which your
petitioner and the said C.B. were then residing at...................... aforesaid endeavoured to

knock your petitioner down, and was only prevented from so doing by the interference of F.D.,
your petitioners brother.
5. That subsequently on the same evening, the said C.B. in his said house at......................
aforesaid, struck your petitioner with his clenched fists a violent blow on her face.
6. That on one Friday night in the month of...................... one thousand eight hundred
and...................... the said C.B., in...................... without provocation, threw a knife at your
petitioner, thereby inflicting a severe wound on her right hand.
7. That on the afternoon of the...................... day of.....................one thousand eight
hundred and.................... your petitioner, by reason of the great and continued cruelty
practised towards her by her said husband, with assistance withdrew from the house of her
said husband to the house of her father at...................... that from and after the
said...................... day of...................... one thousand eight hundred and...................... your
petitioner hath lived separate and apart from her said husband, and hath never returned to his
house or to cohabitation with him.
8. That there is no collusion or connivance between your petitioner and her said husband
with respect to the subject of the present suit.
Your petitioner, therefore, prays that this (Honble) Court will decree a judicial separation
between your petitioner and the said C.B., and also order that the said C.B. do pay the costs of
and incident to these proceedings.
(Signed) A.B.
(12) Petition for reversal of decree of separation
(See Section 24 of Indian Divorce Act, 1869)
In the (High) Court of......................
To the Honble Justice......................(or to the Judge of......................) The ...................... day
of......................186
The petition...................... A.B., of......................
SHEWETH,
1. That your petitioner was on the...................... day of.................... lawfully married
to......................
2. That on the..................... day of...................... this (Honble) Court at the petition
of.................... pronounced a decree affecting the petitioner to the effect following, to wit,
(Here set out decree) 3. That such decree was obtained in the absence of your petitioner,
who was then residing at......................
(State facts tending to show that the petitioner did not know of the proceedings : and,
further, that had he known he might have offered a sufficient defence).
Or
That there was reasonable ground for your petitioner leaving his said wife, for that his said
wife.
(Here state any legal grounds justifying the petitioners separation from his wife).
Your petitioner, therefore, prays that this (Honble) Court will reverss the said decree.
(Signed) A.B.

(13) Petition for protection order

(See Section 27 of Indian Divorce Act, 1869)
In the (High) Court of......................
To the Honble Justice......................(or to the Judge of......................) The petition of C.B. of
the wife of A.B.
SHEWETH :
1. That on the ...................... day of...................... she was lawfully married......................
to A.B. at......................
That she lived and cohabited with the said A.B. for..................... years at...................... and
also at......................and hath had...................... children, issue of her said marriage, of
whom...................... are now living with the applicant, and wholly dependent upon her
earnings.
That on or about..................., the said A.B., without any reasonabled cause, deserted the
applicant, and hath ever since remained separate and apart from her.
That since the desertion of her said husband, the applicant hath maintained herself by her
own industry (or on her own property, as the case may be), and hath thereby and otherwise
acquired certain property consisting of (here state generally the nature of the property).
Wherefore she prays an order of the protection of her earnings and property acquired since
the said...................... day of...................... from the said A.B. and from all creditors and
persons claiming under him.
(Signed) C.B.
(14) Petition for alimony pending the suit
(See Section 36 of Indian Divorce Act, 1869)
In the High Court of......................
B. against B.
To the Honble Mr. Justice......................(or to the Judge of.....................)
The...................... day of......................186.
The petition of C.B., the lawful wife of A.B.
SHEWETH,
1. That the said A.B. has for some years carried on the business of......................
at...................... and from such business derives the net annual income of from Rs. 4,000 to
5,000.
2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said
house,...................... aforesaid, all of which he acquired in right of your petitioner as his wife,
or purchased with money he acquired through her, of the value of Rs. 10,000/-.
3. That the said A.B. is entitled, under the will of his father, subject to the life interest of his
mother therein to property of the value of Rs. 5,000/- or some other considerable amount,
your petitioner, therefore, prays that this (Honble) Court will decree such sum or sums of
money by way of alimony, pending the suit, as to this (Honble) Court may seem meet.
(Signed) C.B.

(15) Petition for restitution of conjugal rights

The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
was solemnized under/registered under Chapter II/ Chapter III of the Act by the Marriage
Officer of...................... at.............. on...................... A certified copy of the certificate of
marriage is attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. The respondent has, without reasonable excuse, withdrawn from the society of the
petitioner with effect from................. The circumstances under which the respondent withdrew
from the society of the petitioner be stated.
5. There has not been any unnecessary or improper delay in filing this petition.
6. The petition is not presented in collusion with the respondent.
7. There is no other legal ground why the relief should not be granted.
8. That has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties.
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

9. The marriage was solemnized at................ The parties last resided together
at...................... The parties are now residing at...................... within the local limits of the
ordinary original jurisdiction of this Court.
10. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
11. The petitioner, therefore, prays for a decree for restitution of conjugal rights against the
respondent.

Sd/-......................
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(16) Petition for decree of nullity of marriage
In the District Court at......................
......................Petitioner
Versus
......................Respondent
The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
was solemnized under Chapter II/ registered under Chapter III of the Act by the Marriage
Officer or.................... at........ on............... A certified copy of the certificate of marriage is
attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. State here one or more of the grounds on which a decree of nullity is sought. Facts on
which the claim to relief is founded should be stated in compliance with the Rules and as
distinctly as the nature of the case permits).
5. There has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties.
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

6. There has not been any unnecessary or improper delay in filing this petition.
7. The petition is not presented in collusion with the respondent.
8. There is no other legal ground why the relief should not be granted.
9. The marriage was solemnized at...................... The parties reside at......................
Parties last resided together at
Or
(Where the petition is by a wife domiciled in the territories of India except the State of
Jammu and Kashmir). The petitioner is resident within the territories of India except the State
of Jammu and Kashmir and has been ordinarily resident therein for a period of three years
immediately proceeding the presentation of this petition and the respondent is not resident in
the said territories.
10. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
11. The petitioner, therefore, prays that the marriage solemnized between the parties under
the Act being null and void may be so declared by the court by a decree of nullity.
Sd/-......................
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(17) Petition for declaration of no effect of registration of marriage
[Petition under Section 24(2) of the Special Marriage Act, 1954
(No. 43 of 1954)]
In the District Court at......................
......................Petitioner
Versus
......................Respondent
The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
was registered under Chapter III of the Act by the Marriage Officer of......................
at...................... on...................... and it may be deemed to be a marriage solemnized under

the Act by virtue of the provisions of Section 18. A certified copy of the certificate of marriage is
attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage
and at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. State here one or more of the statutory grounds on which relief is sought. Facts on which
the claim to relief is founded should be stated as distinctly as the nature of the case permits.
5. There has not been any previous proceedings with regard to the marriage by or on behalf
of the parties :
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

6. There has not been any unnecessary or improper delay in filing this petition.
7. The petition is not presented in collusion with the respondent.
8. There is no other legal ground why the relief should not be granted.
9. The marriage was solemnized at................ The parties last resided together
at...................... The parties are now residing at...................... (within the local limits of the
ordinary original jurisdiction of this court).
10. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
11. The petitioner, therefore, prays that the registration of the said marriage under Chapter
III of the Act may be declared by court to be of no effect.

Verification

Sd/-......................
Petitioner

The above-named petitioner states on solemn affirmation that paras 1 to...................... of

the petition are true to the petitioners knowledge and paras................. to.................. are true
to the petitioners information received and believed to be true by him.

Verified at...................... (Place)

Sd/-......................
Petitioner
Dated......................
(18) Petition for annulment of marriage
In the District Court at......................
...................... Petitioner
Versus
......................Respondent
The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
were solemnized under Chapter II/registered under Chapter III of the Act by the Marriage
Officer of...................... at................ on...................... A certified copy of the certificate of
marriage is attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. State here one or more of the statutory grounds on which relief is sought. Facts on which
the claim to relief is founded should be stated as distinctly as the nature of the case permits.
5. There has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the party :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

6. There is no other legal ground why the relief should not be granted.
7. The marriage was solemnized at...................... The parties reside at...................... The
parties last resided together at......................

Or
(Where the petition is by a wife domiciled in the territories of India except the State of
Jammu and Kashmir). The petitioner is resident within the territories of India except the State
of Jammu and Kashmir and has been ordinarily resident therein for a period of three years
immediately proceeding the presentation of this petition and the respondent is not resident in
the said territories.
8. The petitioner submits that this Honble Court has jurisdiction to entertain this petition.
9. The petitioner, therefore, prays that the marriage between the parties being voidable,
may be annulled by the court by a decree of nullity.
Sd/-......................
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(19) Petition for judicial separation
In the District Court at......................
......................Petitioner
Versus
......................Respondent
The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
were solemnized under/registered under, Chapter II/ Chapter III of the Act by the Marriage
Officer of...................... at................ on...................... A certified copy of the certificate of
marriage is attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. The respondent has...................... (any one or more of the grounds available for judicial
separation may be pleaded here. The matrimonial offences charged should be set in separate

paragraphs with times and places of their alleged commission. The facts on which the claim to
relief is founded should be stated in accordance with the Rules and as distinctly as the nature
of the case permits.) 5. (Where the ground of petition is adultery). The petitioner has not in any
manner been accessory to or connived at or condoned the adultery.
6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned
the cruelty.
7. There has not been any unnecessary or improper delay in filing the petition.
8. The petition is not presented in collusion with the respondent.
9. There is soother legal ground why the relief should not be granted.
10. There has not been any previous proceedings with regard to the marriage by or on
behalf of any parties.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

11. The marriage was solemnized at................... The parties resided together
at...................... The parties are now residing at...................... within the local limits of the
ordinary original jurisdiction of this Court.
12. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
13. The petitioner, there, prays for a decree for judicial separation against the respondent.
Sd/-......................
Petitioner

Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Petitioner
(20) Petition for divorce
In the District Court at......................
......................Petitioner
Versus

......................Respondent
The petitioner prays as follows :
1. The petitioner is the husband/wife of the respondent. The marriage between the parties
were solemnized under Chapter II/registered under Chapter III of the Act by the Marriage
Officer of............. at............... on...................... A certified copy of the certificate of marriage is
attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. The respondent has...................... (One or more of the grounds specified in Section 27 of
the Act may be pleaded...................... The facts on which the claim to relief is founded should
be stated in accordance with the Rules and as distinctly as the nature of the case permits.) 5.
Where the ground of petition is adultery. The petitioner has not in any manner been accessory
to or condoned the adultery.
6. Where the ground of petition is cruelty. The petitioner has not in any manner condoned
the cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in instituing the proceedings.
9. There has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

10. In petition by a husband for divorce on the ground for adultery where damages are
claimed against the co-respondent, grounds on which the claim to damages is founded should
be fully and clearly state and the amount claimed and the mode of assessment should be
specified.
11. There is no other ground why the relief should not be granted.
12. The marriage was solemnized at...................... The husband and wife reside
at...................... The husband and wife last resided together at...................... (within the local
limits of the jurisdiction of this Court).

Or
(Where the petition is by a wife domiciled in the territories of India except the State of
Jammu and Kashmir). The petitioner is resident within the territories of India except the State
of Jammu and Kashmir and has been ordinarily resident therein for a period of three years
immediately proceeding the presentation of this petition and the respondent is not resident in
the said territories. (Give particulars according to the Rules).
13. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
14. The petitioner, therefore, prays that he may be granted a decree of divorce against the
respondent, and (to be scored out if unnecessary) may further be granted a decree for recovery
of Rs...................... as damages against the adulterer co-respondent.
Sd/-......................
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to................... of the
petition are true to the petitioners knowledge and paras................ to...................... are true to
the petitioners information received and believed to be true by him.
Verified at...................... (Place)
Sd/-......................
Petitioner
Dated......................
(21) Petition for divorce by mutual consent
In the District Court at......................
(Husband)
Wife
......................Petitioners
The petitioner prays together as follows :
1. A marriage between the petitioners were solemnized under Chapter II/registered under
Chapter III of the Act by the Marriage Officer of...................... at......................
on...................... A certified copy of the certificate of marriage is attached with this petition.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages.
4. The petitioners have been living separately for a period of one year or more and have not
been able to live together and the petitioners have mutually agreed that the marriage should be
dissolved.

5. The consent of either party has not been obtained by force, fraud or undue influence.
6. There is no collusion between the petitioners.
7. There has not been any previous proceedings with regard to the marriage by or on behalf
of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

8. There has not been any unnecessary or improper delay in filing this petition.
9. There is no other legal ground why the relief should not be granted.
10. The marriage was solemnized at................. The petitioners reside at...................... The
petitioners last resided together at......................
11. The petitioner submits that this Honble Court has jurisdiction to entertain this
petition.
12. The petitioner, therefore, pray for a decree declaring the marriage to be dissolved with
effect from the date of the decree.
Sd/- (Husband)
Sd/- (Wife)
......................Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to...................... of
the petition are true to the petitioners knowledge and paras...................... to...................... are
true to the petitioners information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/- (Husband)
Sd/- (Wife)
......................Petitioner
Dated......................
(22) Petition for leave to present petition for divorce within one year of the date of
entering certificate of marriage in the Marriage Certificate Book
In the District Court at......................

......................Petitioner
Versus
......................Respondent
The applicant prays as follows :
1. The applicant is the husband/wife of the respondent. The marriage between the parties
was solemnized under Chapter II/registered under Chapter III of the Act by the Marriage
Officer of................... at......... on...................... and a certificate of marriage was entered in the
Marriage Certificate Book on...................... A certified copy of the certificate of marriage is
attached with this application.
2. The status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition were as follows :
Husband
Status Age Place of residence

Wife
Status Age Place of residence

(i) Before marriage

(ii) At the time of filing the petition
3. (In this paragraph state the names of the children, if any, of the marriage together with
their sex, dates of birth or ages).
4. There is a case of exceptional hardship to the petitioner/ exceptional depravity on the
part of the respondent as...................... (state here in accordance with the Rules and as
distinctly as the exceptional hardship or depravity, as the case may be).
5. There has not
been any previous proceedings with regard to the marriage by or on behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties :
Sl.
No.

Name of
Parties
2

Nature of Proceedings
with section of the Act

Number and
Name and Result
year of the case
Location of
Court

(i)
(ii)
(iii)
(iv)

6. The marriage was solemnized at...................... The parties reside at...................... The
parties last resided together at......................
Or
(Where the petition is by a wife domiciled in the territories of India except the State of
Jammu and Kashmir). The petitioner is resident with the territories of India except the State of
Jammu and Kashmir and has been ordinarily resident therein for a period of three years
immediately preceding the presentation of this application and the respondent is not resident
in the said territories.

7. The applicant, therefore, submits that this Honble Court has jurisdiction to entertain
this application.
8. The applicant therefore prays that he/she may be allowed to present a petition for divorce
within one year of the date of entering the certificate of marriage in the Marriage Certificate
Book.
Sd/-......................
Applicant
Verification
The above-named applicant states on solemn affirmation that paras 1 to...................... of
the application are true to the applicants knowledge and paras................. to................. are
true to the applicants information received and believed to be true by him/her.
Verified at...................... (Place)
Sd/-......................
Applicant
Dated......................
(23) Petition for alimony pendente lite
In the District Court at......................
......................Petitioner
Versus
......................Respondent
The applicant prays as under :
1. A proceeding under Chapter V/VI of the Act is pending in this Court between the parties.
(Give the number and title of the case, date of hearing etc.).
2. The applicant owns no other movable or immovable property, and has no other income
except (Give full particulars of the applicants property and income etc.).
3. The applicant has no independent income sufficient for her support and for the
necessary expenses of the proceedings.
4. The respondent has sources of income and owns property mentioned below : (Give full
particulars about respondents income and property etc.) 5. The only person dependent upon
the respondent is the applicant herself or the applicant and,
6. The respondent has not made any provision for the applicants maintenance.
7. The applicant submits that having regard to the respondents own income and his
property and having regard to the fact that the applicant has no independent income sufficient,
for her support and the necessary expenses of the proceeding, a sum of Rs....................... per
week/month as and by way of her support is the just and proper amount.
8. The respondent may be ordered to pay a sum of Rs.................. as the applicants
expenses of the proceedings and a sum of Rs....................... week/monthly for applicants
support during the proceedings.
Sd/-......................
Applicant
Verification

The above-named applicant states on solemn affirmation that paras 1 to.................... of the
petition are true to the applicants knowledge and paras................... to...................... are true
to the applicants information received and believed to be true by her.
Verified at...................... (Place)
Sd/-......................
Applicant
Dated......................
(24) Application for permanent alimony and maintenance
In the District Court at......................
...................... Applicant
Versus
...................... Respondent
The applicant prays as under :
1. A proceeding between the parties under Chapter V/VI of the Act is pending in this
Court/has been decided (Give particulars like Section of the Act, number and title of case, date
of decree or hearing).
2. The applicant owns no other movable or immovable property, and has no other source of
income except...................... (Give details of applicants income and property etc.).
3. The applicant has no sufficient income for her maintenance and support.
4. The respondent has sources of income and owns property mentioned below. (Give full
particulars about respondents income and property etc.).
5. The only person dependent upon the respondent is the applicant herself or the
applicant.
6. The respondent has not made any provision for the applicants maintenance and
support.
7. The applicant has not conducted herself in any manner which would disentitle her from
receiving maintenance and support from the respondent.
8. The applicant prays that having regard to the income of the parties and their conduct,
the respondent may be ordered to secured to the applicant for her maintenance and support
until her death gross/monthly/periodical sum of Rs...................... and score out if
unnecessary) the said sum should be made a charge on the respondents property.
Sd/-......................
Applicant
Verification
The above-named applicant states on solemn affirmation that paras 1 to...................... of
the application are true to the applicants knowledge and paras...................... to......................
are true to the applicants information received and believed to be true by her.
Verified at...................... (Place)
Sd/-......................
Applicant
Dated......................

(1)

(2)

(3)

(4)

(5)