Module 3 & 4 Drafting
Module 3 & 4 Drafting
NOTES
MOD – 3
I. Criminal Complaint Format
IN THE COURT OF THE JUDICIAL MAGISTRATE OF __________
Complaint Case No. ___ of 20__
A
… Complainant
Versus
B
… Accused
COMPLAINT UNDER SECTION 223 READ WITH SECTION 175(4) OF
BHARTIYA NAGARIK SURAKSHA SANHITA FOR THE
REGISTRATION OF FIR UNDER SECTION________ OF_______
The Complainant most respectfully submits as follows:
2. That on ______ at about ______, the Accused committed the offence of ______ at
______.
3. That the Accused intentionally and knowingly committed the said act, causing
harm/injury/loss to the Complainant.
4. That the Complainant approached the police authorities on ______, but no proper
action has been taken.
5. That the acts of the Accused constitute offences punishable under Sections ______ of
the Indian Penal Code / relevant law.
6. That this Hon’ble Court has jurisdiction as the offence was committed within its
territorial limits.
7. That the cause of action arose on ______ and continues to subsist.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
Date:
Place:
Complainant
(Signature)
Through counsel
Advocate name & signature
VERIFICATION
I, ________, the Complainant above named, do hereby verify that the contents of the present
complaint are true and correct to my knowledge and belief.
Verified at ______ on this ___ day of ____, 20.
Date:
Place:
Complainant
(Signature)
Through counsel
AFFIDAVIT
I, ________, S/o / D/o ________, R/o ________, do hereby solemnly affirm and state:
1. That I am the Complainant in the present complaint and am well acquainted with the
facts of the case.
2. That the contents of the accompanying complaint are true and correct to my
knowledge and belief.
Deponent
VERIFICATION (AFFIDAVIT)
Verified at ______ on this ___ day of ____, 20 that the contents of this affidavit are true and
correct to my knowledge and belief.
Date:
Place:
Complainant
(Signature)
Through counsel
Advocate name & signature
Versus
State
… Respondent
APPLICATION UNDER SECTION 436/437 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 FOR GRANT OF BAIL
The Applicant most respectfully submits:
1. That the Applicant was arrested on ______ in FIR No. ______ registered at P.S.
______ for offences under Section(s) ______ (bailable/Non Bailable).
2. That the Applicant is innocent and has been falsely implicated in this case and nothing
id recovered from him to incriminate him.
3. That the accused is innocent and has not committed any offence whatsoever.
4. That the Applicant is a permanent resident of ______ and will not abscond.
7. That the alleged offences are bailable, and the Applicant is entitled to bail as a matter
of right. (only mentioned in section 436 application)
8. That the Applicant will cooperate with the investigation/trial and will not abscond.
9. That the Applicant undertakes to furnish bail bonds and sureties as directed by this
Hon’ble Court.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Admit the Applicant to bail under Section 436/437 of the Code of Criminal Procedure,
1973;
b) Accept bail bonds/sureties as deemed fit;
c) Pass any other order in the interest of justice.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
VERIFICATION
I, A.B., the Applicant above named, verify that the contents of this application are true and
correct to my knowledge and belief.
Verified at ______ on this ___ day of ____, 20.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
AFFIDAVIT
I, A.B., S/o ________, R/o ________, do hereby solemnly affirm:
2. That the contents of the bail application are true and correct to my knowledge.
DEPONENT
Verification:
Verified at ______ on this ___ day of ____, 20 that the above affidavit is true and correct.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
Versus
State
… Respondent
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL
PROCEDURE, 1973 FOR GRANT OF ANTICIPATORY BAIL
1. That the applicant (particulars about him, his respectability and credibility, status in life
and reasons as to why and whose instance he is required by the police).
2. Narrate the humiliation to be caused showing that applicant is innocent and is falsely
implicated due to That applicant is not named in FIR.
4. That no incriminating articles have been recovered from the house of the applicant and the
applicant has been implicated on mere suspicion.
5. That the applicant does not have any past criminal record, the applicant is not a previous
convict.
9. That the applicant has not filed any other bail application under section 438 of the Code of
Criminal Procedure n this Hon'ble Court.
PRAYER
It is, therefore, most respectfully prayed to this Hon'ble Court that this Hon'ble Court may be
pleased to direct to release the applicant on bail in the event of his arrest directing the
CJM/MM/Police Official of the concerned Police Station......... for such amount of money as
this Hon'ble Court deems fit to fix.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
VERIFICATION
I, A.B., the Applicant above named, verify that the contents of this application are true and
correct to my knowledge and belief.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
AFFIDAVIT
I, A.B., S/o ________, R/o ________, do hereby solemnly affirm:
2. That the contents of the bail application are true and correct to my knowledge.
DEPONENT
Verification:
Verified at ______ on this ___ day of ____, 20 that the above affidavit is true and correct.
APPLICANT
(Signature)
Through Counsel
Advocate Name & signature
Place: ______
Date: ______
1. That the present complaint/FIR is false, frivolous, and has been filed with mala fide
intention to harass the Accused.
2. That the Accused has been wrongly implicated and has not committed any offence as
alleged.
3. PARA-WISE REPLY
(a) That the contents of para ___ of the complaint/FIR are denied as false and
incorrect.
(b) That the contents of para ___ are matters of record and need no reply.
(c) That the contents of para ___ are misleading and hence denied.
4. That the Accused is innocent and has a valid and lawful defence.
5. That no offence is made out against the Accused under the alleged provisions of law.
6. That the prosecution has failed to establish any prima facie case.
7. That there is no credible evidence linking the Accused with the alleged offence.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Dismiss the complaint / discharge the Accused / acquit the Accused (depending on stage);
ACCUSED
(Signature)
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
VERIFICATION
I, _______., the Accused above named, do hereby verify that the contents of this reply are
true and correct to my knowledge and belief.
ACCUSED
(Signature)
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
AFFIDAVIT
I,_______., S/o ________, R/o ________, do hereby solemnly affirm and state:
1. That I am the Accused in the present case and am well acquainted with the facts of the
case.
2. That the contents of the accompanying reply are true and correct to my knowledge
and belief.
Deponent
VERIFICATION (AFFIDAVIT)
Verified at ______ on this ___ day of ____, 20 that the contents of this affidavit are true and
correct to my knowledge and belief.
ACCUSED
(Signature)
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
Versus
State
… Respondent
MEMORANDUM OF APPEAL UNDER SECTION 374 OF THE CODE
OF CRIMINAL PROCEDURE, 1973
The Appellant most respectfully submits as under:
1. That the present appeal is directed against the judgment of conviction and order of
sentence dated ______ passed by the Trial Court in Case No. ______.
(a)
(b)
(c)
(d)
3. That the impugned judgment and order are illegal, erroneous, and liable to be set aside
on the following grounds:
(a) That the Trial Court has failed to properly appreciate the evidence on record;
(b) That the conviction is based on conjectures and surmises;
(c) That the prosecution has failed to prove the case beyond reasonable doubt;
(d) That material contradictions and inconsistencies in prosecution evidence have
been ignored;
(e) That essential ingredients of the alleged offence are not established;
(f) That the benefit of doubt has not been given to the Appellant;
(g) That the judgment is contrary to law and facts on record;
(h) Any other ground that may be urged at the time of hearing.
4. That the present appeal is filed within limitation as per the Limitation Act, 1963.
5. That this Hon’ble Court has jurisdiction to entertain and decide the present appeal.
6. That the Appellant prays for suspension of sentence and release on bail during the
pendency of the appeal under Section 389 of the Code of Criminal Procedure, 1973.
PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Set aside the judgment of conviction and order of sentence dated ______;
c) Suspend the sentence and release the Appellant on bail during pendency of the appeal;
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
VERIFICATION
I,________., the Appellant above named, do hereby verify that the contents of this appeal are
true and correct to my knowledge and belief.
APPELLANT
(Signature)
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
AFFIDAVIT
I,_______., S/o ________, R/o ________, do hereby solemnly affirm:
2. That the contents of the appeal are true and correct to my knowledge and belief.
3. That nothing material has been concealed.
Deponent
VERIFICATION (AFFIDAVIT)
Verified at ______ on this ___ day of ____, 20 that the contents of this affidavit are true and
correct.
APPELLANT
(Signature)
Through Counsel
Advocate Name & Signature
Place: ______
Date: ______
MOD – 4
I. Legal Notice & Reply Format
From:
A
S/o __________
R/o __________
To:
B
S/o __________
R/o __________
LEGAL NOTICE
Sir,
Under instructions from and on behalf of my client A, I hereby serve upon you the
following legal notice:
1. That my client states that on ___ you entered into an agreement with my client for
__________ (mention purpose such as sale, loan, tenancy, etc.). That as per the terms
of the said agreement, you were required to __________.
2. That my client has duly performed all his obligations and has always been ready and
willing to perform his part of the agreement. However, you have failed and neglected
to perform your obligations despite repeated requests and reminders.
3. That your above acts and omissions are illegal, arbitrary and in breach of the
agreement, and have caused serious loss and hardship to my client.
4. That my client called upon you several times to fulfil your obligations, but you have
failed to do so. Hence, through this notice, you are finally called upon to __________
(pay amount/perform act) within ___ days from the receipt of this notice.
5. That in case you fail to comply within the stipulated time, my client shall be
constrained to initiate appropriate civil and/or criminal proceedings against you in a
court of law at your entire risk as to cost and consequences.
6. This notice is being issued to you without prejudice to all other legal rights and
remedies available to my client.
Date: ___
Place: ___
(Sender/Advocate)
By
A.B., S/o __________, R/o __________ (hereinafter called the “Principal”)
In favour of
C.D., S/o __________, R/o __________ (hereinafter called the “Attorney”)
Whereas the Principal is the lawful owner/interested person in respect of __________ and is
desirous of appointing an Attorney to act on his behalf.
1. That the Principal hereby appoints the said Attorney to act for and on behalf of the
Principal in all matters relating to his property, business, and legal affairs
2. That the Attorney is authorized to manage, sell, lease, transfer or otherwise deal with
the property of the Principal.
3. That the Attorney is also authorized to appear before courts, government authorities,
sign documents, execute agreements, receive money, and do all acts necessary for
effective management.
4. That all acts done by the Attorney shall be binding on the Principal.
5. That this Power of Attorney shall remain in force unless revoked by the Principal.
6. In witness whereof, the Principal has signed this deed on the date and place
mentioned above.
(Signature of Principal)
(Signature of Attorney)
Witnesses:
1.
2.
In favour of
C.D., S/o __________, R/o __________ (hereinafter called the “Attorney”)
1. That the Principal hereby appoints the Attorney to act on his behalf only for the
purpose of __________ (mention specific act, such as sale of a particular property or
representation in a specific case).
2. That the Attorney is authorized to sign documents, appear before authorities, and
perform acts necessary for the said purpose.
3. That the Attorney shall not act beyond the authority given under this deed.
4. That all lawful acts done by the Attorney within the scope of authority shall be
binding on the Principal.
5. That this Power of Attorney shall automatically come to an end after completion of
the said act.
6. In witness whereof, the Principal has executed this deed on the date and place
mentioned above.
(Signature of Principal)
(Signature of Attorney)
Witnesses:
1.
2.
PRAYER
The petitioner therefore most respectfully prays that this Hon’ble Court may be pleased to:
1. Issue a Writ of Habeas Corpus directing the respondents to produce the detainee before this
Hon’ble Court.
VERIFICATION
I,________, the petitioner above named, do hereby verify that the contents of this petition are
true and correct to the best of my knowledge and belief.
Place:
Date:
Petitioner
Through Advocate
(b) Mandamus
IN THE HIGH COURT OF __________
(Civil Writ Jurisdiction)
Writ Petition No. ___
A
… Petitioner
Versus
Authority/Officer
… Respondent
WRIT PETITION UNDER ARTICLE 226 FOR MANDAMUS
The Petitioner most respectfully submits:
PRAYER
It is therefore prayed that this Hon’ble Court may issue a writ of Mandamus directing the
respondent to perform its legal duty.
VERIFICATION
I,________, the petitioner above named, do hereby verify that the contents of this petition are
true and correct to the best of my knowledge and belief.
Place:
Date:
Petitioner
Through Advocate
(c) Certiorari
IN THE HIGH COURT OF __________
(Civil Writ Jurisdiction)
Writ Petition No. ___
A
… Petitioner
Versus
Authority/Tribunal
… Respondent
WRIT PETITION UNDER ARTICLE 226 FOR CERTIORARI
The Petitioner most respectfully submits:
1. That the respondent authority passed an order dated ___ in Case No. ___.
2. That the said order is illegal, arbitrary and without jurisdiction.
3. That the respondent has acted in excess of its powers and violated principles of
natural justice.
4. That the petitioner has suffered serious prejudice due to the said order.
5. That the cause of action arose on ___.
6. The petitioner has no other effective remedy.
PRAYER
It is therefore prayed that this Hon’ble Court may issue a writ of Certiorari quashing the
impugned order.
VERIFICATION
I,________, the petitioner above named, do hereby verify that the contents of this petition are
true and correct to the best of my knowledge and belief.
Place:
Date:
Petitioner
Through Advocate
Versus
B
… Respondent
WRIT PETITION UNDER ARTICLE 226 FOR QUO WARRANTO
The Petitioner most respectfully submits:
PRAYER
It is therefore prayed that this Hon’ble Court may issue a writ of Quo Warranto calling upon
the respondent to show under what authority he holds the said office and declare the office
vacant.
VERIFICATION
I,________, the petitioner above named, do hereby verify that the contents of this petition are
true and correct to the best of my knowledge and belief.
Place:
Date:
Petitioner
Through Advocate
Between
And
Whereas the Seller is the absolute owner of the property situated at __________ and is fully
entitled to sell the same.
And whereas the Buyer has agreed to purchase the said property for a total consideration of
Rs. ___.
1. That in consideration of the sum of Rs. ___ paid by the Buyer to the Seller, the receipt
of which is hereby acknowledged, the Seller hereby sells, transfers and conveys the
said property to the Buyer.
2. That the Seller assures that the property is free from all encumbrances, charges, and
disputes.
3. That the possession of the property has been delivered to the Buyer on the date of
execution of this deed.
4. That the Buyer shall hereafter enjoy the property peacefully as absolute owner.
5. In witness whereof, the parties have signed this deed on the date and place mentioned
above.
(Signature of Seller)
(Signature of Buyer)
Witnesses:
1.
2.
VI. Partnership Deed Format
This Deed of Partnership is made on this ___ day of _, 20 at __________.
Between
And
(Signature of Partner 1)
(Signature of Partner 2)
Witnesses:
1.
2.
And
C.D., S/o __________, R/o __________ (hereinafter called the “Lessee”).
Whereas the Lessor is the owner of property situated at __________.
And whereas the Lessee has requested to take the said property on rent.
1. That the Lessor hereby lets out the property to the Lessee for a period of ___
months/years commencing from ___.
2. That the monthly rent shall be Rs. ___ payable on or before ___ of each month.
3. That the Lessee shall use the premises only for __________ purpose.
4. That the Lessee shall maintain the property in good condition and shall not make
structural changes without permission.
5. That the Lessor shall have the right to terminate the lease in case of default.
6. That on expiry or termination, the Lessee shall hand over vacant possession.
7. In witness whereof, the parties have signed this deed.
(Signature of Lessor)
(Signature of Lessee)
Witnesses:
1.
2.
(Signature of Maker)
Witnesses:
1.
2.
And
And whereas the Donor, out of natural love and affection, has decided to gift the said
property to the Donee without any monetary consideration.
(Signature of Donor)
(Signature of Donee)
Witnesses:
1.
2.
Between
A.B., S/o __________, R/o __________ (Adoptive Parent)
And
Whereas the adoptive parent desires to adopt a child and the biological parent has agreed to
give the child in adoption.
Witnesses:
1.
2.
1. That I am in sound mind and good health and am making this Will voluntarily without
any pressure or coercion.
2. That I am the owner of the following properties: __________.
3. That I hereby bequeath my property in the following manner:
4. That property situated at __________ shall go to __________.
5. That movable assets such as money, jewellery, etc., shall go to __________.
6. That I appoint __________ as the executor of this Will.
7. That this Will shall come into effect after my death.
Witnesses:
1.
2.
Between
A.B., S/o __________, R/o __________ (hereinafter called the “Mortgagor”)
And
And whereas the Mortgagor has borrowed a sum of Rs. ___ from the Mortgagee.
Now this Deed witnesses as follows:
1. That the Mortgagor hereby mortgages the said property as security for repayment of
the loan.
2. That the loan shall be repaid on or before ___ with interest at the rate of ___%.
3. That in case of default, the Mortgagee shall have the right to enforce the mortgage and
recover the amount.
4. That the Mortgagor shall remain in possession of the property unless otherwise
agreed.
In witness whereof, the parties have signed this deed.
(Signature of Mortgagor)
(Signature of Mortgagee)
Witnesses:
1.
2.