The University Of Burdwan

(Department of Law)

Name: Sourav Saha Chowdhury

Course: 3 YEARS LLB (H)
Registration No: A 57 Of 2015-16
Roll No: BUR 2019/705/43
Subject: Drafting, Pleading and Conveyance
Paper Code: 3.5.6
Semester: 5th
Session: 2019-2021
 Acknowledgement

The project of drafting and pleading has a great importance in the

enhancement of the career of a student who are the student of law or
studying law . This gift is the opportunity to have the first hand of
knowledge to practice and procedure and general principles relating to
drafting of legal document. I would like to convey my sincere gratitude
to all the teachers of our department as well and our teacher –in-
charge Anindita Sarkar Dutta madam, our librarian Tapas Kumar Das
Sir and guest lecture Ms. Ishita Mukhopadhyay without whose co-
operation, I would not have been able to complete my report.

I would like to thank the Bar Council of India for introducing this type of
practical training paper in our syllabus. I would also thank to Bengal
Law College under the University of Burdwan for extending its kind,
help and co-operation. I would also like to thank to my fellow
classmates, seniors and my parents who had enthusiastic to
completion my report.
 INTRODUCTION

The practical training paper on drafting and pleading has been introduced in
the syllabus of 3 years LL.B course as a part of clinical paper as has been
recommended by bar council of India. This report has helped us to have a
basic first hand understanding of the basic principles of court practice and
procedure. This report has immensely helped us to gather a preliminary
knowledge of various matters relating to filling of petitions, applications,
drafting of notices, interlocutory applications, draft proforma of deeds and
various kinds of notices, etc.

The inclusion of this kind of clinical paper has helped us a lot and will
serve a great purpose in the enhancement of our career in law. I also hope
this kind of clinical papers and practices oriented papers will help in the
enhancement in the careers of students studying law in the future ahead.
 DRAFTING

MEANING OF DRAFTING:-

The terms, drafting, Pleading and conveyancing are interchangeably used very
often in the court of proceedings and the registration department. The term
“draft or drafting” literally means “a preparatory writing of any document for the
purpose of discussion and correction and which is afterwards to be copied out in
its final shape”. Drafting is the initial stage of pleadings and conveyancing.

Drafting is a written word skill, but a special one. When a draftsman is composing
legal documents he cannot write as he would in an everyday letter or in an
opinion; every care, every word or phrase must be properly constructed. This
means that there is less fluency in the writing process. Drafting involves trial and
errors, chopping and changing until what the draftsmen have is right.

OBJECTIVE OF DRAFTING:-

Whatever document a draftsman is composing it is intended to serve a purpose of

fulfill function. The aim of the draftsman should always to sure it serves that
purpose or that function to perfection. If it is to do this, it must have all the
qualities of good writing, it must be clear, precise, unambiguous, comprehensive
and complete.
When a draftsman approaches the task of composing, he must always know
what purpose the document is to serve, exactly what he wants to say in it,
for whose benefit it is being written and when pitfalls he wants to avoid.
Then he is to say what needs to be said, neither more nor less as clearly as
you can with a perfect balance between completeness and conciseness.

SKILL OF DRAFTING:-

Drafting is probably second only to advocacy as a specialist skill of the

lawyer. It is not a sample skill. It not only involves becoming familiar with
formal rules and matters of practice, but building up a complex professional
expertise which requires analysis, decision making and accuracy at a high
level. This is quite a demanding intellectual process that is not quickly
completed and learning these skills in relation to a range of different types
of draft takes up quite a substantial time on the course.

One should be aware of that tendency to underestimate what drafting

involves which is quite common among trainees early in the career. Perhaps
two things give rise to this. The first is that rules of drafting are now less
technical then they have been in the past, so that a case is really won or lost
due to the drafting alone. The second is that the existence of precedents
may give rise to a false confidence and an entirely misleading belief that
much the job in just finding and copying and appropriate precedent. Both
these views are entirely erroneous.

Good drafting is important for tactical reason. It is central to a well

conducted case and each draft must be written individually for the specific
case.

“one should not aim at being possible to understand , but at being

impossible to misunderstand…”

Drafting is the synthesis of law and fact in a language form. This is the
essence of the process of drafting. Legal drafting is the expression in
definition form of a legal right , privilege, function and the preparation of
constitution statues . It is the development and the preparation of
 constitution, statutes, regulation, ordinance, calls. The process of drafting
operation in two senses

GENERAL PRINCIPLES OF DRAFTING:-

Drafting is the primary stage of writing. A good writing is an outcome of

good draft. The principles of good drafting and good writing are identical.
The principles of good writing irrespective of the purpose are the same,
though the subsidiary rules differ according to the different purpose of
working.

Legal language should be precise and accumulate. All the time the
draftsman must keep his eye on the rules of legal interpretation and the
case laws on the meaning of particular words.

QUALITIES OF GOOD DRAFTING:-

Conciseness: A good draft should be in a concise form. The concise form means
the material facts the necessary words should be used and a good draft or writing
should avoid inclusion of unnecessary and immaterial statement which in no way is
in relation to the subject – matter.

Clarity: There should be absolute clarity in writing so that the reader is able to
understand its contents without stress or strain. The language used should be such
so as to enable the readers to understand easily. As far as possible, simple words
should be used this will avoid any confusion in the mind of reader.

Completeness: Writing should be free from all deficiencies in order to ensure the
completeness about the matter on which it is intended. A good writing should
contain all the essential information and it should answer all the possible questions
which may strike to the mind of the reader.
Preciseness: Precision is another important factor of a good writing. The facts
contained should be accurate and there should be no ambiguity. There should be
perfection in the statements made. The writing should be free from grammatical,
spelling and punctuation mistakes.

Pleasant Accent: It is an art of good writing to create an impression on its reader

by using courteous and polite words. A good writing should reflect all the desired
courtesy, of course having regard that to whom it is addressed. Politeness plays a
good role in writing.

Clear and firm thinking: It is an important aspect of good drafting that the writer
should behave clear thinking about the subject matter that he is going to write.
Clear thinking will result in the systematic arrangement of the subject matter in a
draft / writing.

CONVEYANCING

DEFINITION OF CONVEYANCING

The Term ‘ conveyancing’ is of English origin. Conveyancing connotes

drafting or framing of legal and technical documents. It is an art of drafting
specially the subject matter of which relating to the transfer old property,
and convering all aspects of it. Thus, it is an art of the alienation of property,
by means of appropriate instrument or ‘conveyances’. ‘Conveyance’
includes a ‘conveyance’ on sale and every instruments by which property.
Whether movable or immovable, is transferred inter vivo which is not
otherwise specifically provided for.

Thus, the term ‘conveyance’ may be said to contain all such transactions
by which legal rights are created and legal relations between persons are
established. The law of convincing is that branch of law which governs and
is related to the drafting of the legal documents. The subject matter of this
branch of law is related to the transfer of property and necessary document
is used for the purpose of transferring any eight, title or interest in any
immovable property from one person to another.

Therefore, conveyancing’ may be defined as a term which means and

denotes an instrument or deed through which one or more living persons
transfer his or their interest in present or future in or upon an immovable
property to one or more living persons.

POSITION OF DRAFTING CONVEYANCING IN INDIA

The condition of drafting of conveyance is mofussil India is deplorable. It

was only in the ten presidency towns ([Link] cities) of Bombay,
Calcutta ,Madras and the work of drafting of conveyancing remained in the
hands of solicitors and barristers well trained in the field of drafting on the
lines of English conveyance and it still continues on the same pattern and
is satisfactory. But in the muffasil town, the task of drafting of convincing
remained and still continues to remain in the hands of “deed writers”or
“scribes”who have no legal knowledge but have adopted the professional of
deed writing. So, the ‘deeds’in mofissils generally and commonly suffer from
so many defect and sometimes these defects become incurable. It is
submitted that India at present needs some comprehensive legislation in
this direction as it is in England so that the defects can be rectified and the
work may remain in the hands of the purpose having knowledge of law.

PLEADING

Pleadings are the backbone of litigation, the key to whole judicial system.
Pleadings are the statements of the parties in writing, setting out there
contentions and claims or counter-claims, giving details, so that the
opposite party may know what case he /she has to meet or what is the
reply to the other side’s case.
 The main object of the pleading is to give fair notice to each party of what
the opponent’s case is Pleadings are categorized under three heads namely
a) Civil Pleadings b) Criminal Pleadings and c) Writs

MEANING OF CIVIL PLEADING:-

Pleadings are statements of facts in writing drawn up and filed in a Court by
each party to a case stating therein what his contention shall be at the trial
and giving all such details as his opponent will need to know in order to
prepare his case in answer. In India, there are only two pleadings in a suit
defined under 0rder-6, Rule-1 of the CPC. It says pleading means- ‘Plaint or
written Statement’. This definition is not very clear in itself. The plaint and
the written statement are defined in the following clauses:

a. Plaint: A statement of claims, called the ‘plaint’ in which the

plaintiff sets out his cause of action with all necessary particulars; and

b. Written Statement- A statement of defenses, called the ‘written

statement’ in which the defendant deals with every material fact
alleged by the plaintiff in the plaint and also sets any new facts which
tells in his favor, adding such objection as he wishes to take to the
claim.

Beside the plaint and written statement, the other pleadings

that may be filed may be classed under 2 heads-

1. Subsequent pleadings, and

2. Additional pleadings

Subsequent Pleadings -The only subsequent pleading which is

feed as a matter of right without the leave of the Court, is a written
statement of the plaintiff, by way of defense to a plea of set off set
up by a defendant in the written statement of his defense. Any
 ground at defense which, has arisen after the institution. of the suit
or presentation of the written statement, may be, raised by plaintiff
or the defendant as the case may be, in his written statement in
some states is also termed as 'replication'. This term was formerly
used in England where plaintiff’s written statement is now called
‘reply’.

Additional Pleading- Although no pleading subsequent to the

written statement of a defendant other than by way of defense to
a plea of set off can be presented without the leave of Court, yet
the Court may at any time require a written statement or additional
written statement from any of the parties i.e., both the plaintiff and
defendant. The additional pleading is not subsequent pleading.
There are pleadings by way of further and better statement of the
nature they claim or defend or further. These pleading may be
ordered under Ordor-6, Rule-5 of CPC.

OBJECT OF PLEADING: -

The objects of pleadings are to assist the course and the parties to the
dispute in adjudication. It’s function is multi-dimensional and is in
various ways. As Storble J. expressed the function of Pleading in the
following words: “The function of pleading is not simply for the benefit
of the parties and primarily for the assistance of a Court by defining
with precision the area beyond which without the leave of the Courts
and consequential amendments pleadings conflict must not be
allowed to extend."

The pleading shall he evolved from some clear and definite

issues i.e. some definite propositions of the law, when this has been
fairly and properly ascertained, the following advantages in the words
of How from pleadings:

(i) It is a benefit to the parties knows exactly What are the

matters left in dispute. They may discover that they are
 fighting about nothing at all.
(ii) It is also a to the parties to know precisely what facts
they must prove at the trial, otherwise they may go to
great trouble and expense in procuring evidence of
facts which their opponent does not dispute.
(iii) Moreover, it is necessary to ascertain the nature of the
controversy in order to determine the most appropriate
mode of trial. It may turn out to be a pure point of law,
which should be referred to the nature; or it may be a
question proper for a jury.
(iv) It was desirable to place on record the parties question
raised in the action so that the parties on their
successor may not fight the same battle over again.

RULE OF PLEADINGS IN INDIA

A. GENERAL RULES :- Rules of drafting and pleading in India have

been incorporated in order 6,7 and 8 of the Code of Civil Procedure, in
addition to the model forms of plaints provided in Appendix - A to the
code . These rules should be studied carefully by the students,
lawyers and the model forms be consulted to whenever the question
arises. Order - 6 deals with the general rule of pleading and Order - 7
and 8 deals with plaint and written statement respectively. These
rules can be summaries the following manner:-

1. State your whole case in your Pleading on set forth in

pleadings all material fact on which you intend to rely for your claim
on defense.

2. State facts not law. If any matter of law is set out in

your opponent's pleadings do not plead to it.
 3. State the material fact on which you rely and not
evidence by which they are proved.

4. State material facts only omit immaterial or

unnecessary facts. Do not anticipate your opponent's pleadings and
plead to any matter which is not alleged against you.

5. State the facts of your case concisely, but with precision

and
certainly.

6. It is not necessary to allege the performance of any

condition precedent, an averment of performance is now implied in
every pleading.

7. It is not necessary to set out the whole or any part of a

document, unless the precise words thereof are necessary. It is
sufficient to state the effect of the documents as briefly as possible.

8. It is not necessary to alleged any matter of fact which

the law of presumes in your favor, or as to which the burden of proof
lies upon your opponent.

Important provision of order - 6 of C.P.C. Which deals with

pleading generally are as under - “Pleadings' - shall mean plaint or
written statement. (Order-6, Rule-1)

B. FUNDAMENTAL RULES OF PLEADINGS:-

The English law of Pleading has got four fundamental duties of

pleading upon which order-6 of the Code of Civil Procedure is based which
are set out as under :-

1. Every Pleading must state fact not law;

 2. It must state all material facts and material fact only;

3. It must state only fact on which the party's Pleading relies

and not the evidence by which they are to be proved ; and

4. It must state such fact consciously but with precision and certainly

The unnecessary fact which should be omitted from the pleading are:-

1. Matters of law, 2. Matters of evidence, 3. Matters not alleged

in the opponent's pleading, 4. Matters presumed by law, 5. The
performance of condition precedent; 6. The words of documents; 7.
Matters affecting cast only; 8. Matters not material to the case; 9.
Defendant need not plead to the damages claimed or their amount, etc.

A good pleader should bear in mind the following points in relation to a pleading:

1. Describe the name and place accurately and spell them correctly and adopt
the same spelling.

2. One should always avoid the use of pronouns as ‘He’, ‘She’, ‘This’, ‘That’.
The plaintiff or defendant should not be addressed by their names at same
place, throughout your pleading by the expression 'the plaintiff' and 'the
defendant’.

3. A lawyer suing on a document or on an act, he should use the language of

the documents or the act itself and he should invent his own language,
however, correct it may be e.g., if a policy become void in case , "the assured
shall die of his own hands." Now in this case while drafting the pleading instead,
"the assured killed himself" or "he committed suicide”, plead that” the assured
died of his own hand".
4. A lawyer should alleged all the facts boldly and plainly, he should avoid ‘ifs’,
‘buts’, as far as possible the complex sentences should always be avoided .
Facts should not be repeated. Pleading should be divided into separate
paragraphs.

5. Every pleading shall be signed by party and his advocate if the party
unable to sign the pleading, it may be signed by his agent.

6. Every pleading shall be verified by the party or parties. False verification is

an offence punishable by the I.P.C.

7. Where corporation is a party, Pleading may be signed and verified by the

Secretary or by the Director or any principle officer of the corporation, who
is unable to dispose the facts of the case.

DEED
A deed is writing executed and signed, sealed and delivered by the parties.
Dutta, S.K says that in English law, a deed is a document, non- testamentary
in character, drawn on paper, vellum, or parchment, sealed and delivered.
But a deed, though sealed, will not be valid, unless it is sealed with the
intention that it should operate as a deed. The term “convey” implies the
transfer of property from one person to another by means of writing and
other formalities.

The term deed is to be distinguished from a mortgage or a deed of trust,

which does not really dispose of the title to the land, but merely provides for
a debt.
COMPONENTS OF DEED:-

A deed consists of various essential clauses and each clause

precisely and concisely deals with the different items. The draftsman has to
see and ensure that the various clauses have been arranged in a proper
sequence or order and each clause has been framed and suitable worded.
These various clauses dealing with separate and distinct items of the subject
matter of any deed or document are called components or parts of deed
clarity. Simplicity and brevity are necessary for a good draft. Redundancy
should be avoided. The following are the various components of a deed:

1. Written: - It must be in writing

2. Title:- To indicate the nature of transfer, it must contain title viz. Sale
Deed, Gift Deed, Lease Deed etc

3. RECITALS- Recitals shall contain a brief history of the property framing

part of subject matter of deed up to its vesting in the transferor. It should
also mention the reason by which the present grantor has been enabled
to make this grant. This is technically called narrative recitals. Next
follows introductory recitals which may contain facts relatives to the
motive of transfer culminating in the execution of the deed.

4. TESTATUM- This is witnessing clause and forms the operative part of the
deed. It contains consideration for which he transfer is made usually it
begins with the words “NOW THIS DEED WITNESSES"

5. CONSIDERATION- The consideration of the document should be

specifically and explicitly mentioned.

6. RECEIPT- It is in the context of acknowledgement at having received the

consideration in whole o in part by the. Grantor from the grantee and
taken whereof the receipt is mentioned.

7. OPERATIVE WORDS- The following words are usually used to denote its
operation, For instance, 'grants', ‘agrees’, ‘conveys’ etc.
8. PAKCELS- This is a brief description of the property which is the subject
matter of the deed. Usually a schedule of property with its full description
is given. If necessary a plan is also attached.

9. HABENDUM- This part of the deed or instrument commences with the

words, “To Have and To Hold". But, the modern practice is not to contain
these words because it is not necessary to make the transfer effective.

10. EXCEPTION AND RESERVATON- An exception means something

already existing unless expressly provided, would pass to the transferee.
A reservation means something not in existence but created at the time
of the transfer. If the circumstances of the transferred property warrant to
the transferor to except and reserve he can do so.

11. COVENANTS- Sometimes in the case of a particular transaction a

covenant becomes necessary to be imposed upon and from either
party to the deed. These covenants are restrictive as well as positive, as
the nature of the transaction permits to the parties. For instance,
“Parties thereto mutually agree with each other as follows" and this
some special terms and conditions may be stated.

12. TESTIMONIUM- This part of the deed mentions about the fact that
the parties of the deed have signed it .This part appears to be
superfluous as the fact of the execution of the deed is necessary and
without signature on thumb impression, execution of the deed does not
become possible. This usually begins with the words; "IN WITNESS
WHEREOF" the parties here to have here into set their hands the day and
the year first here in above mentioned.

13. SIGNATURE AND ATTESTATION- Finally, a deed should be signed by

the executants in the presence of the attesting witnesses who shall also
put their respective hands to the deed.
Others requirements of a deed are as follows:

A) Parties must be competent to contract- The parties to a deed

must be competent to contract and they should not be minor or
persons of unsound mind or otherwise disqualified by any other law to
which they are subject. A minor and a lunatic, a natural guardian
appointed by a court of law of them, on behalf of them can execute a
document provided a necessary permission has first been obtained
from the court of competent jurisdiction.
B) Signatures and attestations- If the parties to a deed are illiterate
or anyone of the executants is illiterate, the deed must be read oven
and explained to him thoroughly in the presence of uninterested and
independent witnesses. Only after reading out the contents and
explaining the implications of the deed in the Presence of such
witnesses, such executants should be asked to affix their thumb-
impression. And then he attesting witnesses in the presence of each
other as well as in the presence of the executants affix their own
signatures.
C) Stamp duties- Stamp duty is required for all the instruments of
transfer under the provisions of the Indian Stamp Act. Therefore, a
draftsman must be conversant with the provisions of the Stamp Act,
1899. with local amendments and the deed must be properly
stamped.

Registration- A deed if compulsorily registrable must be registered within

four months of its execution under the Registration Act or under any other
law in order to make it effective. However if a party desires to register a
document which is not compulsorily registrable he may do so. In addition
to the above requirements, drafting of a deed requires knowledge of a
particular branch of law to which the deed relates.

SALE DEED

Introduction:-
“Sale" is transfer of ownership in exchange for a price paid or promised
or part-paid and part-promised. Section 54 of the transfer of property act,
1882 defines "sale" as a transfer of ownership for money consideration.
there are two elements which are essential to constitute a sale are as :
transfer of ownership and money consideration. Sale is a transfer of
ownership. Ownership means bundle of all the rights and liabilities of
property. so, when ownership is transferred, there is transfer of all the rights
in property by transferor to transferee. The ownership in the property must
be transferred in exchange of money. That is to say, the transferor must
receive some money from the transferee in return of the transfer of
ownership of his property. The money in exchange of ownership is called
"price”. There are some essentials to constitute a valid sale as follows:-

The parties i.e the seller and the purchaser must be competent on the date
when the sale is being made i.e must be of sound mind and must have
attained the age of majority. The inexistence sale of movable property dealt
with under the sale of goods act, 1929. The subject-matter of sale under
section 54 is therefore immovable property. The money consideration i.e.
the price has been fixed or referred, the conveyance i.e. the transfer has
been made as prescribed under the law.

Sale of immovable property:-

A Format of agreement for sale of free hold property

 This Agreement Is Made At ……….20 January.…… The …10 Day Of …
2020…. Between Mr Malay Sarkar.…… (Hereinafter Called 'The Vendor') of
the One part And Mr Tapan Hazra….. (Hereinafter called 'the purchaser') of
the other part; whereas
- the vendor by an agreement dated..……20 January….. Entered between
vendors herein is a purchaser therein purchased the property mention in the
schedule. The vendor herein is absolute owner of the property mention in
the schedule and whereas the vendor having full right, title and interest
over the said property. The purchaser herein has approached to the vendor
to sell his property, which the vendor agreed to do so on the following
terms and conditions:-

Now it is agreed between the parties hereto as follows:-

The vendor shall sell and the purchaser shall purchase the said land and
premises more particularly described in the schedule hereto for a price of
Rs…20 lakh out of which the purchaser has paid to the vendor a sum of
Rs…….16 lakh as earnest money on the execution of this agreement.

MORTGAGE
The person borrowing and transferring his interest in an immovable property
to the lender is the mortgagor. The lender is the mortgagee and the funds
lent against which the property is used as security is the mortgage money.
The instrument by which the transfer is affected is called a mortgage-deed.

According to section 58(a) of the transfer of property act 1882, mortgage is

the transfer of an interest in specific immovable property for the purpose of
securing payment of money advance or to be advance by way of loan, an
existing or future debt or the performance of an engagement which may
give rise to a pecuniary liability.

The essential elements of mortgage as follows:

 1. There must be transfer of an interest
2. The interest transferred must be of some specific immovable property.
3. The purpose of transfer of interest must be to secure payment of any debtor
performance of an engagement which may give rise to a pecuniary liability.
4. Section 59 also provides that the formalities are necessary to complete a
mortgage
5. There are three modes to complete a mortgage
6. Registration
7. Delivery of possession
8. Deposit of Title deeds.

Deed of simple mortgage

This deed of mortgage made the ....20 June..Monday in..theyear.2020.
Between Vijay Pal, son Soham Pal of, etc. (hereinafter called the mortgagor),
of the one part and Ramkrishna Mondal son of Uttam Mondol of etc.,
(hereinafter called the mortgagee), of the other part, witnesses, that in
consideration of a sum of Rs.....6 lakh lent and advanced to the mortgagor
by the mortgagee the receipt whereof the mortgagor does hereby and also
by the receipt hereunder admit, acknowledge and confirm, he, the said
Vijay pal does hereby and hereunder transfer and mortgage, as and by way
of simple mortgage, unto and in favor of the said Ramkrishna Mondal, his
heirs, executors, administrators or assigns, all that property specifically
described in the schedule hereunder, and charge and assure the same by
way of security for their payment of the said sum ofrs.75,000. Together
with interest thereon at the rate of 7 % per annum: and the mortgagor does
hereby agree and covenant with the mortgagee that he will pay or cause
to be paid to the mortgagee the principal sum aforesaid, together with the
interest .then due, on or before the.....20 July........ Dayof.2022 without
delay or default and, this deed further witnessed and it is hereby agreed
and declared by and between the parties that in case they said sum ,ofrs.6
lakh with interest thereon at the stipulated rate is not paid within the time
and in the manner as aforesaid, it shall be lawful for the mortgagee to
enforce this mortgage and to cause the property or any portion thereof to
be sold and appropriate the proceeds towards satisfaction of the mortgage
 debt provided, however, that in the event of any shortfall or deficiency, i.e.
Should the claim be not then satisfied, the mortgagee shall be entitled to
recover the balance personally as against the mortgagor who shall be
entitled to redeem the said mortgage at his option by payment of the
amount of mortgage debt inclusive of interest at any time before
then.......20 June....day of...2020.. And this deed further witnessed that the
mortgagor does hereby covenant with the mortgagee that notwithstanding
any act, deed or thing here before done, executed, performed or suffered to
the contrary, the mortgagor has good title, full power and absolute authority
to charge, assure and mortgage they said property in the manner hereunder
effected and that the same is free from all encumbrances and attachments.

THE SCHEDULE ABOVE REFERRED TO-

In witness whereof the parties herein have executed these presents on the
day, month and year first above-written.

Signed, sealed and delivered by……………………………………

The within mentioned mortgagor as in the presence of:

Signed, sealed and delivered by………………………………………………..

The within mentioned mortgagee in the presence of:

DEED OF GIFT OF PROPERTY FOR PARTICULAR PURPOSE

Introduction:
 "Gift" is gratuitous transfer of ownership in some existing property made
voluntarily. Gift defines in section 122 of the transfer of property act, 1882
as "gift is the transfer of certain existing movable and immovable property
made voluntarily and without consideration, by one person called the donor,
to another, called the “donee” , and accepted by or on behalf of the
donee."in gift the donor must be a competent person but donee need not
be competent to contract.

The essentials of valid gift are as follows :

There must be transfer of ownership i.e. Absolute interest. The transferor

(donor)must divest himself of the absolute interesting the property and vest
it in the transferee (donee).the property must be existing property. The
property which is the subject- matter of gift, may either be movable or
immovable, it may either tangible or intangible.

Transfer is without consideration that is to say, it must be gratuitous and

ownership must be transferred without any consideration. The transfer is
made voluntarily i.e. The donor has made the gift in exercise of his own free
will and his consent is a free consent.(5)the gift must be accepted by the
transferee or donee. Property cannot be given to a person even in gift
against his/her) consent. This deed of gift is made this the..15.....day
of..August .2020 between Shyamal Sen son of Bimal Sen and Rahul Sarkar
son of Chanchal Sarkar…(hereinafter called the donor), of the one part, and
Raktim Sarkar of, etc. (hereinafter called the donee), of the other part .
Whereas the donee intends to start a school in his village katwa. For the
education of girls and whereas the donor is desirous of donating the land
fully mentioned and described in the schedule hereto to be used as a site
for the said school. Now this deed witnessed that in pursuance of the said
pious wish and desire and as a patron of the proposed school to be started
by the donee, the donor doeth hereby and hereunder freely and voluntarily
grant, convey, transfer, give, assign and assure unto and to the use of the
donee and his successor all that, etc., etc., to be used solely and exclusively
for the purpose of a site for construction and accommodation of the
proposed girls' school to have and to hold the same so long as the same
shall be used and occupied as a site and/or building of the school and that
the donee accepts the gift of the said property hereunder made solely and
exclusively for the purpose hereinbefore indicated subject to the condition
hereunder provided. This deed further witnesseth that it is expressly agreed
and understood by and between the parties that this gift of land will stand
ipso facto revoked in the event the land hereunder given is not used for the
purpose of the intended school for which the same is given within a period
of one year from the date of these presents or in the alternative the said
school is abolished or shifted elsewhere or amalgamated with some other
institution when and in all or any such event or events the land with all
buildings and structures, if any erected thereon, shall revert to and retest in
the donor or his heirs, executors, administrators and representatives and
shall form part of his former estate as if this deed of gift was never executed
nor intended. And it is further agreed by and between the parties that in
case the land is acquired by the government, the donee or his successors,
including any person or persons managing the school, shall invest the
compensation money to be awarded in purchase of another land or building
to be used solely and exclusively for the school unless otherwise directed by
any court of competent jurisdiction. The estimated value of the property is
rs 30 lakh.

The schedule in witness whereof the donor has executed this deed of gift
and delivered the same to the donee who has also executed the same in
token of acceptance thereof the day, month and year first above-written.
Signed, sealed and delivered by ab the donor in the presence of:

Signed, sealed and delivered by cd the donee in token of acceptance of the gift.

POWER OF ATTORNEY

Introduction:
Power of attorney a power of attorney is a legal document giving one
person(agent) the power to act for another person(the principal).the agent
can have broad legal authority or limited authority to make legal decisions
about the principal's property. A general power of attorney acts on behalf of
the principal in any and all matters. The agent under a general poa
agreement may be authorize to take care of issues such as selling property
and assets like stocks, filling taxes, handling bank accounts, signing
cheques etc. A limited power of attorney gives the agent the power to act
on behalf of the principal in specific matters or events. Most powers of
attorney document allow an agent to represent the principal in all property
and financial matters as long as the principal's mental state of mind is good.
If a situation occurs where the principal becomes incapable of making
decisions for him or herself, the poa agreement would automatically end. A
power of attorney can end for a number of reasons, such as when the
principal dies, the principal revokes it, a court invalidates it, the principal
divorces their spouse, who happens to be the agent or the agent can no
longer carry out the outlined responsibilities.

Power-of-attorney to sell a particular property:-

By this power-of-attorney i, Nirmal Roy of, etc., hereby appoint Ashish Das

of, etc., My attorney, in my name and on my behalf to do inter alia the

following acts, deeds:

1. To negotiate on terms for and to agree to and enter into and conclude
 any agreement of sale and sell my house no. 387.. (or, etc.) Situate at
Shaktinagar, Krishnanagar, etc., fully mentioned and described in the
schedule hereto to any purchaser or purchasers at such price which
my said attorney, in his absolute discretion, thinks proper and/or to
cancel and/or repudiate the same.
2. To receive from the intending purchaser or purchasers any earnest
money and/or advance or advances and also the balance of purchase
money, and to give good, valid receipt and discharge for the same
which will protect the purchaser or purchasers without seeing the
application of the money.
3. Upon such receipt as aforesaid in my name and as my act and deed,
to sign, execute and deliver any conveyance or conveyances of the
said property in favour of the said purchaser or his nominee or
assignee.
4. To sign and execute all other deeds, instruments and assurances
which he shall l consider necessary and to enter into and/or agree to
such covenant stand
5. Conditions as may be required for fully and effectually conveying the
said property as if could do myself, if personally present.
6. To present any such conveyance or conveyances for registration, to
admit execution and receipt of consideration before the sub-registrar
or registrar having authority for and to have the said conveyance
registered and to do all acts, deeds and things which my said attorney
shall consider necessary for conveying the said property to the said
purchaser or purchasers as fully and effectually in all respects as i
could do the same myself.
7. And i hereby agree to ratify and confirm all and whatever other act or
acts my said attorney shall lawfully do, execute or perform or cause to
be done, executed or performed in connection with the sale of the said
property under and by virtue of this deed notwithstanding no express
power in that behalf is hereunder provided.

Schedule of the property to be sold

In witness whereof, i, the said Nirmal Roy, have hereto signed (or, put my
signature, or set my hand and seal at ………, this ……… day of ………
 Signed, seal dead delivered-..............................(Nirmal Roy)

WILL DEED
Introduction:

A will or testament is a legal document that expresses a person's(testator)

wishes as to how their property(estate) is to be distributed after their death
and as to which person(executor) is to manage the property until its final
distribution.

Requisites Of A Valid Will Are As Follows :

Capacity of the testator i.e. the testator must be a person in full

possession of his senses and power able to make a testament and not
disabled for any special cause in respect of his person, mind, condition
or the property concerning which the testament is to be made.
Intention to dispose which means a free mind and clear conscience to
disposes necessary to constitute a valid will.
The form and order of law should be observed regarding signature,
attestation etc.
If the will is in a language not known to the testator,the same should
be read over and explained to him by some competent person so that
he may fully understand the nature,contents
And implication of the document and the person so explaining shall
make an endorsement on the will to that effect.
Will bequeathing all properties to one person
This is the last will and/or codicil, notwithstanding any will made by
me at any time heretofore made and i declare this to be my will. It will
be effective after my death. It is my wish and desire that after my
death my wife Chandana Sen and son Kaushik Sen shall be entitled to
all my estate and effects thereof absolutely and forever. I, accordingly,
declare him/her as the sole beneficiary and universal legatee of my
this will. I hereby leave, give, devise and bequeath absolutely and
 forever to my said wife (or son), Chandana Sen her (or his) Kaushik Sen
heirs, executors or administrators, for her (or his) use and benefit,
absolutely and forever, all my property, assets and credits, both
movable and immovable, of whatsoever character or wheresoever
situate including all reversion, expectancy and future assets, if any,
acquired by me and i hereby appoint her (or him), sole executrix

(or executor) of this my will who will be entitled to obtain probate

without being required to furnish any security. Dated this …20 March
…… day of 2020.
In witness, i have hereunto set and subscribed my hand and signature
this …28 june …… day of ……… 2020.
Signed by the within-named testator as his last will and testament
in our presence all being present at the same time. Thereafter at his
request and in his presence and in the presence of one another we
subscribed our respective names.

1.
2.

Signature of witnesses

TRUST DEED

A deed of trust is a document that embodies the agreement

between a lender and the borrower to transfer a interest in the borrower
land to a natural third party, a trustee to secure the payment of a debt of
a borrower.

A deed of trust is an agreement among the three parties- the

borrower, the lender and an impartial trustee.
 MODEL TRUST DEED FOR A PRIVATE SPECIFIC TRUST
DEED

TRUST

THIS DEED OF TRUST made at this day of 2000 BETWEEN

residing at hereinafter called
"the Settler" (which expression shall unless it is repugnant to the context or
meaning thereof be deemed to include his heirs, executors and/or
administrators) of the One Part AND (1) -------------------- residing at AND
(2) ------------------ residing at
, hereinafter called "the Trustees" (which expression shall
unless it be repugnant to the context or meaning thereof be deemed to
include the survivors of survior of them and the heirs, executors and
administrators of the last survivor and the trustees or trustee for the time
being of these presents, their, his or her assigns) of the Other Part;

i. WHEREAS the Settler is seized and absolutely possessed, inter

alia, of an amount of Rs. /- (Rupees only) in
cash;

ii. WHEREAS out of natural love and affection which the Settler bears
towards the beneficiaries (i) and (ii)
who are the (relationship) of the Settler, the Settler is desirous of
settling a sum of Rs. /- (Rupees only) upon and subject to the
trusts, powers, provisions, agreements and declarations hereinafter
declared and contained of and concerning the same and the Settler has
requested the Trustees to act as the Trustees thereof, which the Trustees
have consented to do (as is testified by their being parties to and
executing this Deed);

AND WHEREAS in pursuance of the said desire the Settlor has, prior to the
execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand)
and a cheque for Rs.
/- (Rupees only) to the Trustees and the Trustees
have accepted and taken possession of the same and they shall hold the
said amount upon the Trusts and with and subject to the powers and
provisions hereinafter declared and contained;

NOW THIS DEED OF TRUST WITNESSETH as follows:-

1. The Settlor has conveyed, transferred

and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five
thousand only) in cash and Rs. /- (Rupees only) by
cheque.

2. The Trust shall be known as "..................." but it may hold assets or

carry on business in any suitable name.

3. The Trustees hereby declare that they the Trustees shall hold and
stand possessed of the said property which is referred to as "the Trust
property" which expression shall also include cash and any other property
and investments of any kind whatsoever into which the same or any part
thereof might be converted, invested or varied from time to time or such as
may be acquired by the Trustees or come to their hands by virtue of these
presents or by operation of law or otherwise howsoever in relation to these
presents, upon the Trusts and with and subject to the powers, provisions,
agreements and declarations hereinafter declared and contained
concerning the same.

TENANCE AGREEMENT DEED

A rental agreement is a contract of rental, usually written, between the

owner of a property and a renter who desires to have temporary possession
of the property; it is distinguished from a lease, which is more typically for a
fixed term.

“Rent is that portion of the produce of earth which is paid to landlord for the
use of original and indestructible powers of the soil”.
“There are some types of rent area’s follows:

1) economic rent
2) Gross rent
3) Scarcity
4) Differential rent
5) Contract rent

This rent agreement is made on this _25th June 2020 (date of rent agreement)by

Kajal Chowdhury s/o Ramesh Chowdhury, address Laketown kolkata-700086

Senpara block a plot 20.(residential address of the landlord). Herein after
called the lessor / owner, party of the first part and GPS group of pvt. Ltd
(name of the proposed company), through its proposed director Vinay
Haldar (name of the director) called lessee/tenant, party of the second
part………………………………………………

That the expression of the term ,lessor/owner and the lessee/tenant shall
mean and include their legal heirs successors , assigns , representative etc.
Whereas the
/owner is the owner and in possession of the property no: 32564. GPS
group of [Link] 16 Salt Lake .Kolkata700091 (registered address of the
company) and has agreed to let out the one office room, one toilet
&bathroom set on said property, to the lessee/tenant and the lessee/tenant
has agreed to take the same on rent ofrs._8000 /- (Eight thousand only)
per month.

Partnership deed

Introduction:

The word "partnership" is defined in section 4 of the partnership act(act x of

1932) as a relation between two or more persons who have agreed to share
the profits from a business carried on by all or any one of them acting for all.
Features of a partnership are as follows :

Formation/Partnership Agreement: a firm must be formed via a

legal agreement between all the partners .so, a contract must be
entered into to form a partnership firm. Its business activity must be
lawful and the motive should be one of profit.
Unlimited liability: all partners have unlimited liability in the
business. The partners are all individually and jointly liable for the firm
and the payment of all debts. This means that even personal assets of
a partner can be liquidated to meet the debts of the firm.
Continuity: a partnership cannot carry out in perpetuity. The death
or retirement or bankruptcy or insolvency or insanity of a partner will
dissolve the firm. The remaining partners may continue the
partnership if they so choose, but a new contract must be drawn up.
Number of members: as we know that there should be a minimum
of two members. However, the maximum number will vary according
to a few conditions. The partnership act itself is silent on this issue
but the companies act, 2013 provides clarity.
Mutual agency: In partnership, the business must be carried out by
all the partners together .every partner is an agent as well as the
principal of the partnership.

DEED OF PARTNERSHIP
This agreement of partnership is made in the city of kolkata metropolitan on
26th day of June ,2020 between Sri Akash Chatterjee s/o late Malay
Chatterjee, salt lake, FD block,Type-2i, 196, kolkata-700166,(hereinafter
called the “first party”)- and - -Sri Paritosh Biswas, s/o Pankaj Biswas, salt
lake, BD block, type-ii, 150, kolkata7000125 (hereinafter called “second
party”)

1. That he parties (partners) aforementioned mutually agreed.

2. That the name of the partnership shall be “Galaxy pvt ltd."
3. The partnership shall commence on the 10 day of October 2020 for
the purpose of carrying on the business of producer and shall
continue, unless determined earlier by notice in writing by any party
delivered to the other parties.
 4. That the business of the partnership shall be carried on or at DG-320,
salt lake, and kolkata700091 and at such other place or places may be
mutually agreed upon.
5. That the capital of the partnership shall be rs. 7 lacs (rupees
Seven lacs) only which shall be contributed in equal shares by the
partners. Any further sum advanced by any to the partnership shall
bear interest at the rate of 15% p.a. And shall be a debt from the
partnership to such creditor partners.
6. That the share of the parties in profit and losses shall be equal among
the partners.
7. Yearly balance sheet and profit and loss account shall be prepared
under the supervision of all the parties and shall be signed by first and
second party, who shall be bound thereby except for error discovered
and rectified within three months thereof.

In witness whereof the parties aforementioned have signed this deed of

partnership.

Witness

1.

.………………………….(firstparty)

…………………………(secondparty)
 Affidavit:-
An affidavit is a type of verified statement or showing, or in other words, it
contains a verification, which means that it is made under oath or penalty of
perjury, and this serves as evidence for its veracity and is required in court
proceedings. Affidavits may be written in the first or third person, depending
on who drafted the document.

The document's component parts are typically as follows:-

A commencement which identifies the "affiant of truth", generally stating

that everything in it is

True, under penalty of perjury, fine, or imprisonment;

An attestation clause, usually a jurist, at the end certifying that the affiant
made oath and the date;

Signatures of the author and witness.

If an affidavit is notarized or authenticated, it will also include a caption

with a venue and title in

Reference to judicial proceedings. In some cases, an introductory clause,

called a preamble, is

Added attesting that the affiant personally appeared before the authenticating
authority.

Affidavit for name change:-

BEFORE THE COURT OF EXECUTIVE MAGISTRATE AT
BARASAT

Affidavit

I am Malay Das son of Shankar Kumar Das, age about 48 years, Indian citizen by

Birth, by occupation –Teacher, residing at 72, Ghosh Para, police station –

Barasat, district- North 24 Parganas (West Bengal), do hereby solemnly
declare as follows:

1. That I am a citizen of india.

2. That my name has been written in various documents as Shri Malay
Das and in some other documents it is written as Shri Malay Das.
Therefore, my name has been interchangeably written assignments
Shri Malay Kumar Das and Shri Malay Das
3. That hereby I declared that Shri Malay Kumar Das and Shri Malay Das
is the same and identical person.
4. That hereinafter I will sign my name as Shri Malay Kumar Das instead
of Shri Malay Das and for which I shall be responsible.

The above mentions declarations from paragraph 1 to 4 are true to my

belief and knowledge and no parts are false.

Verified by me.

Advocate Signature of deponent

PLAINT
The plaint is a document for instituting a suit in the proper court of law. It is
a very important document which is drafted by a pleader in consultation
with his client. A Civil suit shall be instituted by a presenting a plaint to the
court. There are different grades of courts in a state according to pecuniary,
territorial or other exclusive jurisdiction with regard to the subject matter.
Every shall be instituted in the competent court.

The plaint is the basis of preferring one’s claim in a court of law

and hence it is very important document. Therefore, before framing a plaint
it is essential to ascertain as to what particulars are necessary to be
included. Order-7, Rule-1 of CPC is relevant in this context which runs as
follows:

“The plaint shall contain the following particulars:

(a) The name of court in which the suit is brought;

(b)The name, description and place of residence of plaintiff;
(c) The name, description and place of residence of the defendant, so far
as they can be ascertained;
(d)Where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect;
(e) The facts constituting that the cause of the action and when it arose;
(f) The facts showing that the court has jurisdiction;
(g)The relief which the plaintiff claims;
(h)Where the plaintiff has allowed a set off or relinquished a portion of his
claim, the amount so allowed or relinquished; and
(i) A statement of the value of the subject matter or the suit for the
purpose of jurisdiction and of court-fees, so far as the case admits.”

FORMAL PARTS OF A PLAINT:- The formal parts of a plaint are-

 a) A title which consists of
I) Name of the court,
II) Name and full description of plaintiff(s)
III) Verse
IV) Name and full description of defendant(s)

b) Claim, sometimes it is briefly shown immediately after the title and

before the body of the plaint is drawn, but usually it is on the body of
a plaint.

c) Body of the plaint which consists of-

i. Matters of inducement or introductory paragraphs;
ii. Causes of action;
iii. Date of cause of action;
iv. Demand and refusal;
v. Claim;
vi. Jurisdiction clause;
vii. The valuation of suit and the court fees clause.

d) Relief ,
e) Signature of plaintiff’s and his advocate; if any
f) Verification clause,
g) Verifier’s signature and its attestation by the oath commissioner,
h) List of the documents or annexure (exhibits).

CIVILPLAINT
Introduction:-
A plaint is a legal document that contains the content of any civil suit which
shows the plaintiff’s claim after filing suit. The plaint is the first step of the
plaintiff in the form of a legal document for the commencement of suit and it
shows what a plaintiff wants from that suit. The concept of a plaint is
mentioned in the civil procedure code. Through the help of plaint, the
plaintiff narrates or describes the cause of action and related information
which is considered as essential from the viewpoint of the suit. In the case of
plaint, the cause of action consists of two divisions, first is the legal
theory (the factual situation based on which the plaintiff claims to have
suffered) and second is the legal remedy that the plaintiff seeks from the
court. A plaint is considered an important concept because it is the foremost
and initial stage to initiate any lawsuit and helps to find a civil court of
appropriate jurisdiction. Order vii of the code of civil procedure deals,
particularly with plaint. In order vii of cpc, there are many different rules
which deal with different constituents of plaint. Rules 1 to 8 deal with the
particulars of the plaint. Rule 9 of cpc deals with how the plaint will be
admitted and after that rule 10 to 10-b talks about the return of the plaint
and the appearance of parties. And the main rules i.e 11 to 13 deal with
the rejection of the plaint and in which circumstances the plaint can be
rejected. Section 26 of the code of civil procedure states “every suit shall be
instituted by the presentation of a plaint or in such other manner as may be
prescribed.” This section clearly shows that plaint is very much necessary
for the establishment of a suit before the civil or commercial court.

WRITTEN STATEMENT

A written Statement ordinarily means a reply to the plaint filed by the

plaintiff; it is the pleading of the defendant ( or of the plaintiff in certain
situations). Order-8, Rule-1 lays down that the defendant shall, within 30
days from the date of the service of summons on him, present a written
statement; if he fails to do so, he shall be allowed to file the same on such
other day as specified by the court, for reasons to be recorded in writing,
but which shall not be later 90 days from the date of service of summons.
 Like a plaintiff, a defendant is also bound to produce to all the
documents in support of his defence, or claim far set-off or counter claim
which are in his possession or power.

FORMAL PORTION OF THE WRITTEN STATEMENT:-

In it, the same heading and the title as the plaint bears (viz,
name of the court, number of the suit), should appear. However, for the
sake of convenience, if there are several plaintiffs or defendants, the name
of one only may be written, with the addition of “and another” or “others”.
The name of the party on behalf on whom the written statement
is to be filed should appear clearly. For example, “written statement on
behalf of the defendant”, “written statement on behalf of the plaintiff in
reply to defendant’s claim for set off”. The rules regarding the signature
and verification of pleadings should also be carefully followed in written
statement.

PLEAS IN A WRITTEN STATEMENT-

In a written statement, the defendant (via admission or denial) is required

to deal with every material fact alleged by the plaintiff, and also state new
facts in his favour or take legal objections against the plaintiff’s claim.
Oreder-8, Rule-2 lays down that ‘new facts’ such as the suit is not
maintainable, or that the transaction is void, etc, and all such grounds of
defence, is not raised, would take the plaintiff surprise, or would raise
issues of fact not arising out of the plaint ( viz, fraud, limitation, payment,
release ,performance or facts showing illegality etc) must be raised.

SPECIAL DEFENCES:-
The following special defences are commonly pleaded in a court of law:
i. Limitation, ii) jurisdiction, iii) Satisfaction (Accord and satisfaction),
iv) Acquiescence, v) Illegality, vi) abatement, vii) Estoppels, viii)
Resjudicata, ix) justification, x) Laches, etc
 TEMPORARY INJUNCTION
A temporary or interim injunction restrains a party temporarily from doing
the specified act and can be granted only until the disposal of the suit or
until the further order of the court. It is regulated under the provisions of
order -xxxix of cpc and may be granted at any stage of the suit.

Grounds of temporary injunction:-

Order 39, rule 1 provides that temporary injunction may be granted by

court: property in dispute is in danger of being wasted, damaged or
alienated by any party to the suit, or wrongfully sold in execution of decree.

Where defendant: threatens or intends to remove or dispose of his property

with a view to defraud creditors. Where defendant: threatens to dispossess
the plaintiff or otherwise cause injury to the plaintiff in relation to the
property in dispute defendant is about to commit breach of peace or
contract or otherwise (order 39 rule 2).

Conditions for granting temporary injunction:-

Injunction is discretionary remedy and thus, before granting of the
temporary injunction, the following conditions are required to be satisfied:

Prima facie case is in the favor of the plaintiff and against the
[Link] injury is likely to be caused to the plaintiff, which
cannot be compensated for in terms of [Link] of convenience is in
favor of the plaintiff and against the [Link] is a bona fide dispute
raised by the applicant and there is a probability of the applicant being
entitled to the relief claimed by him.
 INTERLOCUTORY APPLICATION

As soon as the plaint in a suit is admitted in the Court , and the f the
circumstances warrant , a plaintiff to a suit may take out against the
defendant any of the following supplement proceeding in the suit and it
may be for his (defendant) : -
1. Arrest before judgment
2. Attachment before judgment
3. Injunction
4. Receiver
5. Security for costs
6. Withdraw of suit
7. Payment into Court
8. Compromise of suits

 Model Form of Interlocutory Application : -

In the Court of Civil Judge Junior Division ,

Barasat [Link]. - 466 of 2008

Affidavit For Appointment of A Receiver in Pleading Litigation (Order - XI, Rule

-1, C.P.C.)
Mr. Bijay Mondol
S/O- Mr. Ajoy Mondol
Resident of 77D Netaji Pally, Barasat
................. Petitioner

Vs,

Mr. Shyam Roy S/O-

Mr. Tulsi Roy
Resident of village and p.o.- Barasat , p.s.-
Barasat, District – North 24 Parganas
................. Defendant
 I Mr. Bijay Mondol , son of Mr. Ajoy Mondol , age 55 years by caste -
Hindu , by profession - business , residing at 77 D , Netaji pally , do hereby
solemnly affirms and said :
1. That I am the plaintiff in the above suit and am acquainted
with the true state of things concerning the subject matter of
litigation. This is true of knowledge.
2. That the plaintiff is the owner of the property, in suit and the
defendant has on 26/04/04 trespassed on the land in suit and
he is realizing rent from tenants of the property. This is true
of my knowledge and information as I saw the defendant's
men collecting rent in the Mahal and also heard about it from
Mr. Tapan Bakshi.
3. That it will take a long time before this suit can be finally
dispose of. The defendant has realized a considerable
amount from property in dispute and is still realizing rent
from the tenants and enjoying usufructs of the property. This
is true to my information and belief.
4. That the defendant is a man of much means and that very
little may be realized afterwards from him after I get decree
for 'manse profits' in respect of property in suit against him. I
heard about the defendant's circumstances from Tapan
Bakshi, a neighbor of the defendant. This is true to my
knowledge and belief.
5. That under the circumstances disclosed above, it has become
necessary that receiver be appointed by the Court for
management of the property in suit and for collecting of rent
thereof. This is true to my belief and is my submission to the
Court.

...........................................
Signature of the

...........................................
Signature of the identifier
 Criminal complaint

A complaint is any formal legal document that sets out the facts and legal
reasons that the filing party or parties believes are sufficient to support a
claim against the party or parties against whom the claim is brought that
entitles the plaintiff to a remedy legislated as a tool for social justice, section
125 of the criminal procedure code, 1973 provides an effective remedy for
neglected persons to seek maintenance. A follower of any religion can apply
for maintenance under section 125 without restriction.

IN THE COURT OF THE 5TH JUDICIAL MAGISTRATE AT KOLKATA

COMPLAINT CASE NO. 62 OF 2020

Petitioner

Narayan Das

Address: Netaji Nagar

Jodhpur Park, Kolkata

Vs

Respondent

Tapan Ghosh

Address: Netaji Nagar

Jodhpur Park, Kolkata

1. In the matter of petition for maintenance of petitioner from the

respondent under section 125 of criminal procedure code, 1975
2. The petitioner above-mentioned most respectfully state as follows:
3. That the petitioner is a lawful wife of respondent. Their marriage has
been solemnized on 20th July, 2015 according to Hindu rites and
customs. the photographs of marriage has been annexed herewith as
annexure-a
4. That first few months of marriage life of your petitioner was going in
 perfect harmony and out of their wed lock a female child was born.
5. That the respondent is a clerk in the state bank of India, Jodhpur park
branch and holding responsible and respectable position and drawing
salary of Rs. 38,000 (thirty eight thousand rupees) per month. a
photocopy of the payment receipt of salary is annexed herewith as
annexure-b.
6. That after few months of female child was born the petitioner has
discovered that the respondent is a drunkard. It has also been
discovered by the petitioner that respondent has some illicit
relationship with other women. Petitioner found that respondent is a
man of uncertain temperament and would fly into rage in a while
without any good reason.
7. That the respondent was very much unhappy and upset for birth of a
female child. Therefore, respondent used to blame the petitioner that
the child is not his legitimate offspring and a result of petitioner’s illicit
relationship with her brother – in–law.
8. That on 29.06.2017 the respondent came into house and he was
completely drunk and started to beat your petitioner and used
extremely filthy language and drove her outside of house with her
female child. Thereafter, petitioner is living in her parental house.
Photo copy of the medical certificate given by physician is annexed
herewith as annexure- c.
9. That you’re petitioner after being driven out of house on 29.06.2017
by the respondent. The petitioner came over to her father’s house on
the same night and has been staying at there with her family.
10. That the respondent was served with a lawyer’s notice to send your
petitioner rs. 10,000/- (rupees ten thousand rupees) every month for
the maintenance of petitioner and her infant female child. However,
the result of the said notice goes invalid.

That the respondent is an inhuman in nature and drunker. Therefore, the

petitioner realized that it is no longer safe to stay with him for herself and in
for her infant child. She has no venture to go back to matrimonial house.
Presently, your petitioner is unable to maintain herself due to extremely
weak health. Therefore, petitioner on this above circumstances prayers as
followed:-
Issue such notice to attend the trial

Pass an order (s) of interim maintenance in respect of cost of

proceedings. Pass an order(s) of maintenance rs.12, 000/-

Pass an order of temporary injunction to prevent the

defended/respondent. And your petitioner as in duty bound shall

ever pray.
 ANTICIPATORY BAIL

Introduction:-
The law of bail is an integral component of the criminal law procedure and
the right to bail is subject to statutory stipulation. The code of criminal
procedure, 1973 seeks to liberalize the bail provisions.

The word "bail" is derived from old French verb "Baillie" which meant "to give" or
"to

Deliver”, “to hand over”, “to set a liberty a person arrested or imprisoned.
“Sections 436 to 450 of CR.P.C. (chapter xxxiii) deals with provisions relating
to bail and bonds. According to the concise oxford English dictionary, "bail"
means temporary release of an accused person awaiting trial, sometimes
on condition that a sum of money is lodged to guarantee his appearance in
court. Depending upon the sage of the criminal matter, there are commonly
three types of bail in India:

Regular bail:

A regular bail is generally granted to a person who has been arrested or is in

police custody. A bail application can be filed for the regular bail under
section 437 and 439 of CR.P.C.

Interim bail:

This type of bail is granted for a short period of time and it is granted before
the hearing for the grant of regular bail or anticipatory bail. (3) Anticipatory
bail : anticipatory bail is granted under section 438 of CR.P.C either by
session court or by high court an application for the grant of anticipatory bail
can be filed by the person who discerns that he may be arrested by the
police for a non-bailable offence. Court has also the power to cancel the
bail and this power is laid upon the court under section 437(5)and 439(2) of
the cr.p.c. The court can cancel the bail granted by it and give directions to
the police officer to arrest the person and keep in police custody.
 Application for anticipatory bail

IN THE COURT OF THE LD. SESSION JUDGE, PURBA BURDWAN

CRIMINAL MISC APPLICATION NO.- /2020

REF- BURDWAN P.S CASE NO.- 258/2020

Petitioner
Amit Das
Shovabazar
Kolkata

Vs

Respondent
State of West Bengal

An application under section 438 of the CR.P.C

1. The humble petition on behalf of petitioner abovementioned most

respectfully states:
2. Thatthepetitioner/
[Link] also a law
abiding citizen of India.
3. That the petitioner/applicant permanently lives in abovementioned
address with his old and in firm parents.
4. That the petitioner promises to abide by all the terms and conditions
which may be imposed upon his for granting bail.
5. That your petitioner shall suffer irreparable loss and injury if the
anticipatory bail is not granted.
6. That the application is made bona fide and in the interest of justice.

Drafted on my office

……………………….

Advocate In these circumstances, your petitioner humbly pray to your lordships

may graciously please to grant anticipatory bail and /or such other order/orders
as your lordships may deem fit and proper.

And your petitioner as in duty bound shall ever pray

 Writ petition

Writ:-

A writ means an order, anything that is issued under an authority is known as a

writ. The constitution of India empowers the Supreme Court and the high court’s
to issue writs for the enforcement of the fundamental rights conferred by the
part-iii of the Indian constitution under article 32 and article 226. There are five
writs habeas corpus, mandamus, certiorari, quo warrantor and prohibition.

A writ of habeas corpus is issued to an authority or person to produce in court a

person who is either missing or kept in illegal custody. Where the detention is
found to be without authority of law, the court may order compensation to the
person illegally detained.

Writ of habeas corpus can be filed by any person on behalf of the person
detained or by the detained person himself. In sunilbatrall vs. Delhi admn. , a
letter written by a convict to one of the judges of the Supreme Court was
treated as a writ petition. The court employed this writ for the neglect of state
penal facilities. The writ was also issued when a ban was imposed on the law
students to conduct interviews with prison mates to provide them legal relief.

WRIT ON HABEAS CORPUS

IN THE HIGH COURT OF CALCUTTA CRIMINAL ORIGINAL JURISDICTION

CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 20

Petitioner
Ranjan Roy

Vs

Respondent
State of west Bengal

Affidavit

1. I, Ranjan Roy , S/O Biswanath Roy , Aged 26, Occupation Business

Resident Of Dhaniakhali Do Hereby Solemnly Affirm And State As
 Follows :-
2. I am the father of petitioner and filing this writ petition on his behalf and I
am well
1. Conversant with the facts of the present writ petition and hence, am
competent to swear this affidavit.
2. Thatthepetitionerisdetainedinaliporecentraljailandheisunabletomaket
heaffidavit himself.
3. That on 20 June of Friday, the petitioner was arrested and detained
for a period of 2 months in the alipure central jail, wherein the
respondent no. 3 is the
4. Superintendent, with an order passed by the respondent no.1 dated
20 June
Under the national security act, 1980.
5. That, on the date of getting detained and arrested in the alipore central
jail. The petitioner was not informed about the grounds of his detention
by respondent no. 3.
6. That after ten days of getting arrested and detained, the petitioner was
informed of his ground of arrest and detention.
7. The report of the ground of detention was furnished to the petitioner in
English, which is not understood by the petitioner?
8. That the petitioners have no other efficacious remedy except to
approach this hon'ble court by way of this petition under article 226 of
the constitution of India.
9. That the petitioners have not filed any other petition or preceding in
any court or tribunal throughout the territory of India regarding the
matter.

I state that the facts therein are true and correct to the best of my knowledge
and belief. I further state that the annexure annexed to the writ petition are true
copies of their respective originals.

Verification:

Verified At Calcutta High Court on this 27june day of Friday 2020 that the
contents of my aforesaid affidavit are true and correct to my knowledge and
belief. No part of it is false nor has anything material been concealed there from.

WRITTEN STATEMENT
Written statement is the defense of the defendants. A 'defense' called the
written statement
In general this is a reply of plaint,in which defendant deny or admit the each and
every allegation or facts given in the plaint. Denial or admission must be Para
wise and clear. In the written statement defendant can put his case also under
the heading additional plea, and can states new facts or ground which is
necessary to defeat the opponent. If defendant want to put his own claim against
the plaintiff he can put it by way of set- off and counterclaim u/o 8 rule 6 and 6a
of c.p.c.

Drafting Of Written Statement:

Order viii provides for the filing of a written- statement, the particulars to be
contained therein and the manner of doing so. It requires what a written
statement should contain. Before drafting the written statement it is the duty of
the defendant to study the plaint thoroughly and all the documents submitted by
the plaintiff with the plaint in support of his claim. After the thorough study of the
plaint and supported documents a para wise answer of the plaint can be
prepared. Order viii of the code of civil procedure deals with the written
statement, set off and counterclaim. The defendant shall, within thirty days from
the date of service of summons on him, present a written statement of his
defences.

Written statement of the defendant no.1 to the plaint for the partition

In the court of civil judge at Calcutta

Suit no.128 of 2020

The defendant no.1 states as follows:

1. The suit is not maintainable, it is barred by the principles of waiver and

acquiescence and the plaint does not disclose any valid cause of action and
the suit be dismissed with costs.
2. Without prejudice to the aforesaid ,but strongly relying there on the
defendant no.1 now deals with the allegation and contentions in the plain
there under.
3. The statement in paragraph 1 of the plaint is substantially true and correct.
4. With reference to paragraph 2 of the plaint, this defendant states that each
of parties herein is occupying a definite portion of the paternal house and
virtually such portion stands demarcated.
5. With reference to the paragraph 3 of the plaint, this defendant states that
 the statements are substantially correct subject to what has been already
stated hereinabove.
6. With reference to the paragraph 4 of the plaint , this defendant denies that
this defendant is in occupation of ¾ th portion of the residential premises. It
is denied that this defendant is not making any payment of the issues and
profits of the estate left by our father.
7. With reference to paragraph 5 of plaint, this defendant states that this
defendant was and is ready and willing to give the due share to the plaintiff
in the rest left by our father.
8. With reference to paragraph 6 of the plaint, this defendant states that he is
now willing to give the due share to the plaintiff and to the defendant no 2.
It is denied that this defendant has refused to render proper accounts as
wrongly alleged.
9. With reference to paragraph 7 of the plaint, this defendant denies that the
10. Defendant no 2 does not have adequate knowledge or interest in the
affairs of the assets and properties left by our father.
11. With reference to paragraph 8 of the plaint, it is denied that the
plaintiff is entitled to the allocation of 1/3rd portion of residential premises
oror1/3rd share of all issues and profit of the estate left by our father.
12. With reference to paragraph 9 of the plaint, this defendant that the
plaintiff's contentions in his lawyer's letter are incorrect and contrary to the
facts and law.
13. This defendant states that the said late mrgopinath sarkar left a
daughter Ms. mohini sarkar residing at ..[salt lake block
akolkata7000125andshe is entitled to 1/4th share in the assets and
properties left by our father, late mrgopinath sarkar. Further the plaintiff
has suppressed the very fact that some of the assets left by the said late
mrgopinath sarkar are in possession of the plaintiff the particulars whereof
are given in a schedule hereto and marked 'a'. This defendant states that
the plaintiff is in full occupation of his share of immovable properties and
movable assets left by the said late mrgopinath sarkar after and oral
partition. In view of this defendant does not look after the properties and
assets in occupation of the plaintiff and as such rendering of any account
have to be made by the plaintiff and then only the said question of
rendering account by defendant no1 can arise. In the absence of all necessary
part is the shoot is not maintainable and be dismissed with costs.
14. With reference to paragraph 12 of plaint, the defendant does not
admit that the learnt court has jurisdiction to entertain or try or determine
 this suit specially in view of the facts stated herein above and in absence of
the daughter of late mr x y as a necessary party to the said suit the dispute
cannot be settled and as such the suit be dismissed with costs.

VERIFICATION

I, Mr. Rahul sarkar, son of late mrgopinath sarkar residing at garden

reach [Link] here by verify and affirm as follows:

I am the defendant no1 and i know the facts and circumstances of this case
and i am able to depose there to.
The statements contained in paragraph 1 to 13 herein above are true to
my knowledge.

Signature of defendant no 1.

Signature of defendant no 2 advocate Signature and seal