B.A.LL.B.

(HONS) /
B.A.LL.B. (HONS) / LL.B / BBA

Name of the Student Shanal Jain

Semester X _ Enroll No. DL1500114 _
University Exam Roll No._ _50440070 _
Status : Regular/ATKT: Regular
Assignment Subject :
DRAFTING AND PLEADING
Assignment Topic: Grand Viva

Submitted to : Submitted by:

Asst. Prof. Preeti Dayal Shanal jain
Date 5/9/2020 _
Semester X _
Marks Obtained
 ACKNOWLEDGEMENT

I have put in efforts in this assignment. However, it would not

have been possible without the kind support and help of many
individuals and organizations. I would like extent my sincere
thanks to all of them.

I thank my God for providing me with everything that I required

in completing this assignment.

I am highly indebted to the Teacher in Charge

Asst. Prof. Preeti Dayal for guidance and constant supervision
as well as for providing necessary information regarding the
assignment and also for her support in completing the
assignment.

I would like to express my gratitude towards my parents for

their kind co-operation and encouragement which helped me in
the completion of this assignment.

My hearty thanks and appreciations go to my classmates in

developing the assignment and to the people who have willingly
helped me out with their abilities.

Student Name:…Shanal Jain…………………………..

 CERTIFICATE OF AUTHENTICITY

This is to certify that Shanal Jain student of

…B.A.LL.B.(HONS.)has successfully completed the below
mentioned assignment under the guidance of Asst. Prof
Preeti Dayal during the year 2020-2021.

Student Name- Shanal Jain

 DECLARATION

I hereby declare that this project report entitled “DRAFTING

AND PLEADING” Is written by me and my own effort and no
part has been plagiarized without citation.

Signature of the Student:

Place: Indore

Date : 5/9/2020
 INDEX

SR.NO. CONTENTS PAGE NO.

 Introduction

Importance of drafting and conveyancing for a company executive could be

well imagined as the company has to enter into various types of agreements
with different parties and have to execute various types of documents in favour
of its clients, banks, financial institutions, employees and other constituents.
The importance of the knowledge about drafting and conveyancing for the
corporate executives has been felt particularly for the three reasons viz., (i) for
obtaining legal consultations; (ii) for carrying out documentation
departmentally; (iii) for interpretation of the documents. With the knowledge of
drafting and conveyancing, better interaction could be had by the corporate
executives while seeking legal advice from the legal experts in regard to the
matters to be incorporated in the documents, to decide upon the coverage and
laying down rights and obligations of the parties therein. Knowledge in advance
on the subject matter facilitates better communication, extraction of more
information, arriving on workable solutions, and facilitates settlement of the
draft documents, engrossment and execution thereof. Knowledge of drafting and
conveyancing for the corporate executives is also essential for doing
documentation departmentally. An executive can make a better document with
all facts known and judging the relevance and importance of all aspects to be
covered therein. A number of documents are required to be studied and
interpreted by the corporate executives. In India, in the absence of any
legislation on conveyancing, it becomes imperative to have knowledge about
the important rules of law of interpretation so as to put right language in the
documents, give appropriate meaning to the words and phrases used therein, and
incorporate the will and intention of the parties to the documents.

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 Drafting and meaning

Drafting may be defined as the synthesis of law and fact in a language form
[Stanley Robinson: Drafting Its Application to Conveyancing and Commercial
Documents (1980); (Butterworths); Chapter 1, p.3]. This is the essence of the
process of drafting. All three characteristics rank equally in importance. In other
words, legal drafting is the crystallization and expression in definitive form of a
legal right, privilege, function, duty, or status. It is the development and
preparation of legal instruments such as constitutions, statutes, regulations,
ordinances, contracts, wills, conveyances, indentures, trusts and leases, etc. The
process of drafting operates in two planes: the conceptual and the verbal.
Besides seeking the right words, the draftsman seeks the right concepts.
Drafting, therefore, is first thinking and second composing. Drafting, in legal
sense, means an act of preparing the legal documents like agreements, contracts,
deeds etc. A proper understanding of drafting cannot be realised unless the
nexus between the law, the facts, and the language is fully understood and
accepted. Drafting of legal documents requires, as a pre-requisite, the skills of a
draftsman, the knowledge of facts and law so as to put facts in a systematised
sequence to give a correct presentation of legal status, privileges, rights and
duties of the parties, and obligations arising out of mutual understanding or
prevalent customs or usages or social norms or business conventions, as the case
may be, terms and conditions, breaches and remedies etc. in a self-contained
and self-explanatory form without any patent or latent ambiguity or doubtful
connotation. To collect, consolidate and co-ordinate the above facts in the form
of a document, it requires serious thinking followed by prompt action to reduce
the available information into writing with a legal meaning, open for judicial
interpretation to derive the same sense and intentions of the parties with which
and for which it has been prepared, adopted and signed.

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Legal drafting is the most important instrument of legal communication. The
skill to draft well is the skill to think and communicate well. Therefore, it is
important to recognise the purpose that a legal document has to serve. A legal
document must be drafted in a way that it categorically specifies the legal issue,
statements of the client and the remedies sought if any.

A lawyer equipped with legal drafting skills is able to identify his target
audience who is going to read the document. The content of a legal document
must be understood by the audience who is reading it. For instance, a legal
notice sent to the other party must not be full of legal jargons that the other
party is disabled from understanding the legal issue and remedies sought from
him.

Legal drafting skills are also important as they ensure that the legal document is
structured properly. An unstructured document without balance lacks
effectiveness. Overusing negative statements or an aggressive tone can make a
document seem confrontational. A document free of such failures and errors is
considered most authentic and effective.

Legal drafting skills also embody refraining from using legalese i.e.
complicated legal phrases and jargon that is beyond the comprehension of a
layman. The meaning and purpose of a legal document must be clear and
simple. A legal document burdened with unnecessarily complicated terms loses
its essence as its purpose becomes unclear.

Legal drafting must be concise. It does not mean that the crux and requisite
statements are to be left out. A succinctly drafted document clearly expresses its
purpose and applicability. Technical terms, on one hand, may assist to maintain
the fidelity of a document may not appeal or intrigue the mass audience. A
complicated document with heavy with legal jargons would go over the head of
a client.

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Legal drafting skills also include the art of drafting authentic documents rather
than using template format for every contract or notice drafted. It is important
that every document drafted by a lawyer is free of plagiarism or unverified,
unauthentic content. Each statement made must be supported by a case law,
precedent or statute.

This makes conducting legal research before drafting a document, one of the
skills required to draft pristine documents. Legal research is essential to
construct a background and basis structure of a legal document and enables the
court to relate to its content effortlessly.

Legal drafting skills also encompass using feedback from the court and clients
to improve on the points where the legal document lacks. It is important to
understand whether the client is consumed with doubts after reading the
document, or is able to understand even the most complicated legal procedures
and technicalities through his legal document.

Drafting skills embrace not only the ability to produce crisp documents but also
to acquaint a layman with the intention of the legal document. A lawyer who
possesses these legal drafting skills is able to build a strong legal practice in
whichever legal domain he practices.

Along with having legal drafting skills, it is important for a lawyer to exhibit his
drafting skills to potential clients

General Principle of drafting

The art of drafting the pleadings has not yet fully developed in spite of the
increase in the civil litigation. As a matter of fact, the art of pleading should be
the foundation course and great emphasis should be laid on this paper. Because
of this absence of rigorous training, the young lawyers often indulge in prolixity
rather than clarity and conciseness. Many dead-sure-win cases drag on for years

4
in the courts only because of faulty drafting. Irrelevant matters, unnecessary
details are often included and the facts placed before the lawyer by his client are
not marshaled. The result is that the martial facts are often mixed up with
inessential matter. According to Lord Halsbury - "Where system of pleading
may exist, the sole object of it is that each side may be fully alive to the
questions that are about to be argued in order that they have an opportunity of
bringing forward such evidence as may be appropriate to the issue" Pleading is
an art, of course, and art which requires not only technical and linguistic skill
but also an expert knowledge of the law on the given point brought before a
lawyer. Even experienced lawyers and attorneys are not infallible and
sometimes they also make mistakes. However, in the matter of pleadings longer
experience and a great linguistic acumen are both essential ingredients. What
ultimately matters is how clearly and systematically have the facts been
presented before the court of law. It is a matter of common knowledge that
when a person comes to seek the assistance of the court of law in any matter, he
has to prepare a statement of his claims, and the facts on which such claims are
founded. Such statements fully drawn up, setting out all contentions, are called
"pleadings". Thus pleadings are the foundation of all sorts of litigation; no
judicial system in the world can do justice in any matter unless and until the
court of justice is fully aware as to the claims and contentions of the plaintiff
and of the counter claims and defences of the defendant. In the ancient times
when the king was the fountainhead of all justice, a petitioner used to appear
before the king in person and place all facts pertaining to his case before his
majesty. After such oral hearing, the king used to summon the other party and
thereafter listen to the defence statements put forward by the person so
summoned. There used to be same sort of cross examination or cross
questioning of the parties by the king himself. Thereafter, the decision was
announced. There was hardly any system of written statements; all the same
"pleadings" did exist, although they were oral. The king and his courtiers kept

5
on what may be called a mental record of the proceedings. Perhaps only r. few
serious and otherwise significant cases, the decisions were recorded. With the
passage of time, judicial system underwent a change. The administration at
justice was separated from the executive and assigned to the court of law.
Complexity of resulted in enormous litigation, and oral hearing of the ancient
times became almost impossible. Scribes used to keep records of all the
proceedings Gradually this procedure was also abandoned and the litigants were
allowed to bring their claims and contetions duly drawn up to fie them before
the Honb6e courts. When this change exactly happened, it is difficult to say.
Experience was a better teacher; and the changes in court procedure took place
not only in the light of the past experience but also in the face of expediency.
Written proceedings KAMKUS 2 Strictly for Internal Circulation - KCL made
the task of the courts of law easier and less complicated than the earlier oral
proceedings. By the turn of 19th century the procedure of pleadings has become
fairly elaborate and systematized. When the civil codes came to be drafted, the
principles of pleadings were also given statutory form. Vide order VI Rule 1
"pleading". Shall mean plaint or written statement. Mogha has elaborated this
definition when he remarked that "pleadings are statements, written, drawn up
and filed by each party to a case, stating what his contentions will be at the trial
and giving all such details as his opponent needs to know in order to prepare his
case in answer". The document stating the cause of action and other necessary
details and particulars in support of the claim of the plaintiff is called the
"plaint". The defence statement containing all material facts and other details
filed by the defendant is called the "written statement". The written statement is
filed by the defendant as an answer to the contentions of the plaintiff and it
contains all materials and other objections which the defendant might place
before the court to admit or deny the claim of the plaintiff. Pleadings are,
therefore, the foundation of any litigation, and must be very carefully drafted.
Any material omission in the pleading can entail serious cones quinces, because

6
at the evidence and argument stages, parties are not permitted to depart from the
points and issues raised in the pleadings, nor can a party be allowed to raise
subsequently, except by way of amendment, any new ground of claim or any
allegation of fact inconsistent with the previous pleadings of the party pleading
the same. In some cases the court may allow amendment of the plaint or the
written statement on the application of a party. This can be done under order VI
Rule 17 of Civil Procedure Code. Another case of departure is where a party
pleads for set-off. Pleadings contain material facts, contentions and claim of the
plaintiff, and the material facts, contentions, denials or admissions of claims by
the defendants. There may also be counter claims by the defendant which may
of two categories - (i) a claim to set-off against the plaintiff's demand is covered
by order 8 Rule 6, and (ii) and independent counter claims which is not exactly
set off but falls under some other statute. While the former is permitted to be
pleaded by the courts, the latter is not, but when the .defendant files such
counter claims, the written statements is treated as a plaint.

PLEADING: MEANING
Pleadings generally mean either a plaint or a written statement.
The present day system of pleadings in our country is based on the provisions of
the Civil Procedure Code, 1908 supplemented from time to time by rules in that
behalf by High Courts of the States. There are rules of the Supreme Court and
rules by special enactments as well. For one, words ‘plaints’ and ‘complaints’
are nearly synonymous. In both, the expression of grievance is predominant.
Verily, when a suitor files a statement of grievance he is the plaintiff and he
files a ‘complaint’ containing allegations and claims remedy. As days passed,
we have taken up the word ‘Plaint’ for the Civil Court and the word
‘Complaint’ for the Criminal Court.
Order 6, R. 1 of Civil Procedure Code (C.P.C.) defines ‘pleading’. It means
either a plaint or a written statement.’
Pleadings should be read not by the piecemeal but as a whole and should be
liberally construed. Every venial defect should not be allowed to defeat a
pleading, for a plaintiffs case should not be defeated merely on the ground of

7
some technical defect in his pleadings provided he succeeds on the real issues of
the case. It has been held: “Rigid construction of the law of pleadings was
inappropriate and not calculated to serve the cause of justice for which the law
of procedure was largely designed (AIR 1969 Del. 120). This should, of course,
not be taken as an excuse for pleadings extremely lax and irrelevant,
argumentative and inaccurate.”

Conveyancing

Conveyancing has been practiced as a fine art in England by a class of trained

lawyers who have specialized as conveyancers after an intensive study of the
law relating to contracts and real property. Though the term conveyancing used
by most of the England Lawyers for drafting the documents of their clients but
as the years rolled by Conveyancing got its own importance even in India too.
In Modern India Draftsman plays an important role while drafting any legal
documents or deeds and he can do so if he is high qualified in the field of law so
draftsman must keep in mind all the legal principles before preparing any legal
documents or deeds.
The word ‘CONVEYANCING’ means lend transfer inter-vivos i.e. two living
persons. Conveyancing is an art of drafting deeds and legal documents whereby
any right, title or interest in tangible immovable property is transferred from one
person to another. Conveyancing is not just an ordinary art but it is thoroughly
based on legal knowledge and principles evolved over years. The term
conveyancing is restricted to deeds and documents concerned with the transfer
of property whereas drafting carries a general meaning that of preparing any
legal documents or deeds or any other business oriented documents.
Before explaining the term ‘Sale Deed’ let me define ‘Agreement To Sell’
which proceeds ‘SALE DEED’ and it protects the interest of both buyer and
seller. An agreement to sell is a legal written document on which the
conveyance deed is drafted under which both the parties will settle certain terms
and conditions i.e. seller will be intending to transfer/sale the property and

8
buyer will be intending to purchase it. An agreement to sell has to be executed
by the seller and the buyer on a non-judicial stamp paper and the same has to be
duly signed by both the parties. It has got legal value and if necessary can be
produced as evidence in a court of law. An agreement is a pre-requirement for
the sale of an immovable property where in the buyer will pay to seller some
token amount as advance and seller must issue receipt for the amount received
as token amount. While entering into an agreement to sell, the seller should
mandatorily state all the material defects in the property as well as in the title
and it is the right and duty of the buyer to investigate the title before buying the
property. There should not be any Lis- Pendens i.e. pendency of suit in a court
of law regarding the property in sale. Lastly the agreement to sell must contain
all the terms and conditions which are necessary for transaction of a valid sale
of an immovable property.

DRAFTING AND CONVEYANCING: DISTINGUISHED

Both the terms “drafting and conveyancing” provide the same meaning although
these terms are not interchangeable. Conveyancing gives more stress on
documentation much concerned with the transfer of property from one person to
another, whereas “drafting” gives a general meaning synonymous to
preparation of drafting of documents. Document may include documents
relating to transfer of property as well as other “documents” in a sense as per
definition given in Section 3(18) of the General Clauses Act, 1897 which
include any matter written, expressed or described upon any substance by
means of letters, figures or mark, which is intended to be used for the purpose of
recording that matter. For example, for a banker the document would mean loan
agreement, deed of mortgage, charge, pledge, guarantee, etc. For a businessman,
document would mean something as defined under Section 2(4) of the Indian
Sale of Goods Act, 1930 so as to include a document of title to goods i.e. “Bill
of lading, dock-warrant, warehouse-keepers’ certificate, wharfingers’
certificate, railway receipt multi-model transport document warrant or order for
the delivery of goods and any other document used in ordinary course of
business as proof of the possession or control of goods or authorising or
purporting to authorise, either by endorsement or by delivery, the possessor of

9
the document to transfer or receive goods thereby represented.” The Companies
Act, 1956 defines vide Section 2(15) the term “document” in still wider concept
so as to include “summons, notices, requisitions, order, other legal process, and
registers, whether issued, sent or kept in pursuance of this or any other Act, or
otherwise”. Thus, drafting may cover all types of documents in business usages.
In India, the commercial houses, banks and financial institutions have been
using the term “documentation” in substitution of the words “drafting and
conveyancing”. Documentation refers to the activity which symbolises
preparation of documents including finalisation and execution thereof.
Some Dos & Don’t

Reduce the group of words to single word;

2. Use simple verb for a group of words;

3. Avoid round-about construction;

4. Avoid unnecessary repetition;

5. Write shorter sentences;

6. Express the ideas in fewer words;

7. Prefer the active to the passive voice sentences;

8. Choose the right word;

9. Know exactly the meaning of the words and sentences you are writing; and

10. Put yourself in the place of reader, read the document and satisfy yourself
about the content, interpretation and the sense it carries.

The following things should be avoided while drafting the documents:

(a) Avoid the use of words of same sound. For example, the words “Employer”
and “Employee”;

10
(b) When the clause in the document is numbered it is convenient to refer to
any one clause by using single number for it. For example, “in clause 2 above”
and so on.

(c) Negative in successive phrases would be very carefully employed.

(d) Draftsman should avoid the use of words “less than” or “more than”,
instead, he must use “not exceeding”.

(e) If the draftsman has provided for each of the two positions to happen
without each other and also happen without, “either” will not be sufficient; he
should write “either or both” or express the meaning of the two in other clauses.

In writing and typing, the following mistakes always occur which should be
avoided:

1. “And” and “or”;

2. “Any” and “my”;

3. “Know” and “now”;

4. “Appointed” and “Applied”;

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WRIT PETITION

UNDER ARTICLE 226

OF COI

IN THE HIGH COURT OF DELHI AT NEW DELHI

(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. ________OF2016

IN THE MATTER OF :

X _________ S/o _________R/o ___________ PETITIONER

VERSUS

Muncipal Corporation of Delhi,

Through Its Commissioner RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR

ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT

Respectfully showeth :

1. That the petitioner is a citizen of India residing at_______. The respondent is

Muncipal Corporation of Delhi having their office at Town Hall, Chandni Chowk,
Delhi.
 P a g e | 41

BRIEF FACTS :-

2. That the petitioner is aggrieved by the illegal appointments of daily wage

workers by the M.C.D. office in defiance of Notification No. MCD/LF/01-103
dated 1.2.2014 which requires the M.C.D. to appoint only those person as Daily
wage worker who are below the age of 30 years as an 01.10.2014. The said
Notification was issued after it was duly approved.

3. That the petitioner is of 27 yrs of age and was working as a daily wage worker,
when on 1.12.2014 his services were terminated without notice/prior intimation.
The Petitioner during his service worked to the satisfaction of his superiors. The
respondent has appointed Sh. Ompal, Sh. Ram and Smt Maya in defiance of the
said notification M.C.D./LF/01-/03 at 01.02.2014 as all the three person namely
Om Pal, Sh. Ram and Smt. Maya are more than 30 years of age as on 01.10.2014.
The about named persons were appointed in utter disregard of Notification. The
respondent,however, removed the petitioner from service although petitioner met
the requirements.. That the Petitioner made representation to the respondent vide
letter dated 1.12.2014, 2.1.2015 and also met the commissioner personally and
apprised them of his grievance, however nothing materialized .

4. That in spite of oral and written representations the respondent have not cared to act
and are maintaining stoic silence on the whole issue.

5. That the petitioner have thus approached the Hon‟ble court on amongst others the
following grounds
 P a g e | 42

GROUNDS:

(a) Because the action of the respondent is contrary to law and good conscience.

(b) Because the action of the respondent is arbitrary, unreasonable, irrational and
unconstitutional.

(c) Because respondent have no right to play with the career of the petitioner.

(d) Because the petitioner was removed from job inspite of the fact that he was below
age and fulfilled all requirements.

(e) Because respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their
being overage and not meeting requirements of Notification No. MCD/LF/01-103 dated
1.2.2014.

(f) Because the action of the respondent is bad in law

(g) That the Petitioner craves, leave of this Honorable Court to add, amend, alter the
grounds raised in this petition.

6. That the cause of action in present case arose on 1.2.2014 when the respondent
brought out the Notification No. MCD/LF/01-103 dated 1.2.2014., it further arise when
on 1.12.2014 the petitioner was removed from job inspite of the fact that he was below
age and fulfilled all requirements, it further arose when respondent appointed. Sh.
Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting
requirements of Notification No. MCD/LF/01-103 dated 1.2.2014, it further arose when
representations were made to respondent orally and in writing on 1.12.2014, and
2.1.2015. The cause of action further arose when respondent did not act inspite of the
fact having brought to their notice. The cause of action is continuing one.

7. That the Petitioner has no other alternative efficacious remedy except to approach
this Hon‟ble Court by way of this writ petition
 P a g e | 43

8. That the petitioner has not filed any other similar writ petition either before this
Hon‟ble Court or before the Supreme Court of India.

9. That there has been no undue delay in filing of this petition.

10. That the honorable court has territorial jurisdiction to entertain the writ petition.

11. That the requisite court fee of Rs. 50/- has been affixed on this petition.

PRAYER :

The petitioner most humbly prays that this Hon‟ble Court may be pleased to :-

(a) issue appropriate writ in the nature of mandamus or any other appropriate writ
directing the Respondents to cancel the illegal appointment made in disregard of
Notification No. MCD/LF/01-103 dated 1.2.2003 : and

(b) issue necessary directions to appointment of petitioner and

(c) issue any other further order/orders or direction/directions as this Hon‟ble Court
may deem fit and appropriate no the facts and the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER

PRAY.

Delhi
PETITIONER

Date_________ THROUGH ADVOCATE

[NOTE : The petition will be supported by an affidavit]

 P a g e | 44

WRIT PETITION UNDER ARTICLE 32 OF COI

IN THE SUPREME COURT OF INDIA

EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ________ OF 2018 (P.I.L)

PUBLIC INTEREST LITIGATION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. XYZ Petitioner No. 1

2.

VERSUS

Union of India Respondent No. 1

To,

The Hon'ble Chief Justice of India

& His Companion Judges of this Hon'ble Court

Humble civil appeal on behalf of the Appellants above-named

 P a g e | 45

Most Respectfully Showeth:

1. That the Petitioner is filing the present Writ Petition in Public Interest under
Article 32 of the Constitution of India seeking mandamus to cancell / struck down
the contradictory amendments made by state governments to the State Acts and
Rules by destroying basic structure of the original Central Act, _______ through
ordinances under Article 254(2) of the constitution of India, whereby the basic
structure of the Original central Act and Rule has been changed to give exemption
to large categories of projects from consent provisions, Social Impact Assessment,
Objections by affected citizens and participation of local bodies etc, thereby
violated Fundamental right guaranteed to citizens of India under Article 14,
19(1)(g) and 21 of the Constitution.

2. (1)All Petitioners are Citizens of India. Petitioner No. 1 _________ is a renowned

social activist. He is residing at ________________. The average annual income
of the Petitioner for the last financial year (FY-20__-20__) is approximately Rs.
_____/- and PAN number is _____________. The Petitioner's National UID
number is ______.

3. The Case in Brief and facts constituting the cause of action

(1) That Indian Parliament had passed ______ Act, 20__ and the Ministry of Law
and Justice had published it through Gazette Notification on September __, __.
The draft Act, which replaced an earlier 18__ law, was debated over for almost
two years. People's movements and civil society organisations had analysed that
while the new law had several positive features like consent of landowners or food
Security related provisions, it had a few lacunae.
 P a g e | 46

4. Source of Information: The Petitioner relies on Acts, Amendment Act, Rules and
Amendment Rules passed by Parliament, published in Official Gazette through
ordinances by the Central Government, Acts, amendment Acts, Rules and
Amendment Rules passed by the state governments and published in official
gazette, observations of some Newspapers etc as well as personal knowledge and
experience related to Land acquisition Act.
5. Details of Remedies Exhausted: The Petitioners have not approached any court of
authority for remedy against the issues raised in this Petition. That the Petitioner
does not have any alternative equally efficacious remedy other than to approach this
Hon'ble Court than by way of filing this writ petition under Article 32 of the
Constitution of India.
6. That the present petition will be beneficial for land owners and farmers India is
India as the amendments in Central Act, Central Rules, State Acts and State Rules
are adversely affecting their fundamental rights.

7. Nature of Personal Interest, if any, of the Petitioner: The Petitioners have no

personal interest in this Petition and it is being filed in Public Interest.

8. That the Petitioners have not filed any other writ petition same or similar to the present
writ petition, neither in this Hon'ble Court nor in any other Court or forum across the
land.

9. The Petitioner declares that the issue raised was neither dealt with nor decided by a
Court of law at the instance of the petitioner or to the best of his knowledge, at the
instance of any other person.

10. The Petitioners have not approached any authority for relief for the subject matter of
this petition.
 P a g e | 47

11. That the Petitioner is filing the instant Writ Petition inter alia on the following
amongst other grounds:-

GROUNDS
A. Because central Act ______________ Act, 20___ and _________________ Rules,
20__ overrides all state Acts and rules. The amendment made by states in Land
Acquisition Act and Rules through ordinances under Article 254(2) of constitution
conflicting with Central Act and the amendments contradicting the central Act and State
Act are liable to deleted.

B. Because the states cannot use concurrent list used to modify the state Act, if the state
Act conflict with Central Act.

12. GROUNDS FOR INTERIM RELIEF

A. Because the amendments made in _______ Act and Rules by the State
Governments is adversely affecting the interest of the farmers of the country, their
fundamental rights are affected and the land is being acquired without their consent
by not providing rehabilitation to them, urgent intervention of this court is necessary.

B. As explained in the main grounds of the Petition, the farmers of the country
deserve to get immediate relief from this Hon'ble Court.

13. MAIN PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, declaring that the _____________ Acts and Rules made by States by
amending the original central Act, _______________, 20____ passed by the
 P a g e | 48

Parliament, overrides the central act, are illegal and deserves to struck down;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require;

14. INTERIM PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, restoring the original central act _____ Act, 20___ and central rules
______ Rules, 20__ in all states which have amended the state / acts rules and should
be in force till the present Petition is finally adjudicated;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require;

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS DUTY BOUND

SHALL EVER PRAY

FILED BY:

Advocate for the petitioner

Drawn By:

Drawn on:

Filed on:

New Delhi
 P a g e | 49

CRIMINAL FORMATS
 P a g e | 50

COMPLAINT
Complaint under section 2(d) of the Criminal Procedure Code means any allegation
made orally or in writing to a Magistrate, with a view to his taking action under this
Code that some person, whether known or unknown, has committed an offence, but it
does not include a police report. The petition of complaint must be submitted to the
Magistrate. If it is submitted to some other official it is not a complaint. In order to be
a complaint the petition must make allegations about occurrence of some offence.

A complaint in a criminal case is what a plaint is in a civil case. The requisites of a

complaint are:

(i) an oral or a written allegation;

(ii) some person known or unknown has committed an offence;

(iii) it must be made to a magistrate; and

(iv) it must be made with the object that he should take action.
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FORMAT OF CRIMINAL COMPLAINT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________

COMPLAINT CASE NO. __________ OF 20__

IN THE MATTER OF:

C___ COMPLAINANT

ADDRESS _________________

VS

A___ ACCUSED

ADDRESS _________________

Police Station _________

COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(3) OF THE CODE
OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION 323
AND 506 OF INDIAN PENAL CODE

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law abiding citizen of India. The Complainant is a resident of
Flat No____ in the ___________ area.
 P a g e | 52

2. The Accused named above is the neighbour of the Complainant. Both houses are
situated near to each other.

3. That the Complainant and Accused has separate parking spaces in front of their house.
But the accused most of the time park one of their vehicle in the Parking space of
Complainant and other Vehicle in his Parking Space.

4. That on _____ at about ____ 6.00 PM the Complainant reached home from his office
and found that the accused parked his car in front of the house of Complainant. The
Complainant went to the House of the accused to make him humble request to park his
car in some other place as regularly he is causing in convenience to the Complainant. The
Accused came out of his house with a stick and challenged the Complainant. The
Complainant tried to pacify him, but he abused the Complainant. The Complainant
objected to the abuses being burled by the accused. The accused then gave complaint 3
blows on complainant's leg by using the stick in his hand. As a result, the Complainant
received abrasions. The accused then criminally intimidated the Complainant with dire
consequences in case complainant ever again visited him with such complaint or reported
the matter to the Police.

5. That the occurrence was witnessed by Mr. _____________ and Mr. ____________,
neighbours in the locality.

6. That the Complainant went to the Police station at _______________ to report the
matter, but report was not registered. Complainant went to the Government hospital and
got dressed his injuries. Copy of Complaint given to the Police Station at _____ on _____
is attached herewith as Annexure A.

7. That the Complaint had Complaint to the Senior Superintendent of Police by sending
 P a g e | 53

his Complaint by Registered Post. Even then, no action has so far been taken against the
accused. Copy of Complaint sent to the Senior Superintendent of Police at ______ on
______ is attached herewith as Annexure B.

8. That the Accused has criminal record and he is of quarreling nature. FIR No_____
dated _________ and FIR No __________ dated has been filed by Mr. __________
another neighbor of the accused in earlier occasions. Copy of FIR No _________ and
FIR No______________ dated ________ filed by Mr. ___________ is attached herewith
as Annexure C.

9. Under this Circumstances, the Complainant Prays for legal action against the Accused.

PRAYER

In view of the aforesaid submission made here in and in the interest of the justice, it is
therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

1) Register the present complaint.

2) Take cognizance of the offence, as the contents per-se amount to commission of

offences, as indicated above, without anything more.

3) Summon try and punish the accused person for committing the offences under section
323 and 506 of the IPC.

4) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.
 P a g e | 54

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY

BOUND, SHALL EVER PRAY.

COMPLAINANT

THROUGH

______ADVOCATE

Place :

Date :
 P a g e | 55

CRIMINAL MISCELLANEOUS PETITIONS

The one of the important tasks of the Judge in the Criminal Court. The filing of
Criminal Miscellaneous Petition will start even before registering the case by way of
anticipatory bail application. According to Oxford Dictionary meaning,
Miscellaneous means consisting of mixture of various things that are not usually
connected with each other. When a petition is filed seeking interim relief, it is
registered as miscellaneous petition. A Memo filed before the Court of Law need not
be treated as Petition. The main difference between Petition and Memo is that Memo is
nothing but bringing a fact to notice before a Court of Law and no relief can be sought
for in a Memo and notice to the opposite party is not required. However, where a
Petition is filed requiring some relief from the court, a notice to opposite party is
mandatory in most of the cases. No order be passed on Memo (Held in a decision held
in between Syed Yousuf Ali Vs. Mohd. Yousuf and Others reported in 2016 (3) ALD
235.

In nut-shell it can be called a Petition other than a main case. When a Miscellaneous
Petition is filed in Criminal cases, it is registered as Criminal Miscellaneous Petition. As
soon as a Petition is filed, primary duty of the Court is to see whether the relief sought
is provided under Criminal Procedure Code or not.
 P a g e | 56

FORMAT OF CRIMINAL MISCELLANEOUS PETITIONS

CRIMINAL MISC. MAIN PETITION FOR QUASHING OF FIR NO.____

Dated ________, U/S ________IPC, P.S. _______________, DELHI, U/S 482
CR.P.C.

It is most respectfully submitted as under:-

1. That the petitioner no 1 is a ___________ and petitioner no. 2 is working as a

Manager of the petitioner no. 1 concern.

2. That the respondent No. 2 is the of the deceased, Late

3. That the deceased was working as in the factory of petitioner no 1 and was
drawing a monthly salary of Rs. ______/- per month.

4. That on _______ the deceased unfortunately died in an accident while working

in the factory of the petitioner no. 1.

5. That an FIR No. _____ was registered at P.S. __________ on _____, U/ss
285/304-A IPC in connection with the death of the deceased ___________.
Copy of the said FIR is enclosed and marked as Annexure P-1.

6. That subsequently the parties executed a compromise deed dated __________,

wherein it has been mutually agreed and settled between the parties that neither
the petitioners nor any other person was responsible for the death of the
deceased, which took place by way of an accident under extremely unfortunate
circumstances. A copy of the Memorandum of Settlement is enclosed and
marked as Annexure P-2.
 P a g e | 57

7. That it has been settled between the parties in the aforesaid Compromise Deed
that the petitioner no. 1 has agreed to pay a sum of _______/- (Rupees
_________ only) by way of Pay Order dated Copy of the aforesaid pay order is
enclosed and marked as Annexure P-3(colly)

8. That as per the Memorandum of Settlement executed between the parties, there
is no claim or dispute whatsoever pending between the respondent as against the
petitioners. As per the settlement deed, the FIR No. _____ and the allegations
made by the respondent in the FIR stand withdrawn and the respondent shall
make a formal statement for quashing of the aforesaid FIR, before this Hon’ble
Court. A copy of the affidavit of respondent no. 2 is enclosed and marked as
Annexure P-4.

9. That in view of the amicable settlement between the parties, the present petition
is being filed for quashing of the aforesaid FIR.

10. That the present petition is being filed on inter-alia the following amongst other
grounds:-

1. For that the petitioners and respondent no. 2 have amicably settled the matter
vide Memorandum of Settlement dated __________, whereby the respondent
has agreed to the quashing of the aforesaid FIR No. ____.

2. For that no useful purpose would be served by continuing the prosecution

pursuant to the aforesaid FIR. It would be in the interests of justice that the said
FIR is quashed.

3. For that it has been settled between the parties that the death of was caused due
to an accident and that no one was responsible for the same.

4. For that in any event, on a reading of the FIR as it is, no offence whatsoever is
 P a g e | 58

made out against the petitioners including the offences U/S’s 287,336,304-A,
IPC.

5. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the
instant petition.

6. That this petition is being filed within a reasonable time and there is no delay in
the same.

7. That no other petition for quashing of FIR, has been filed by the petitioners
before this Hon’ble Court or any other Court of law.

8. That the aforesaid facts and grounds constitute the cause of action for filing the
present petition.

PRAYER

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

a) Quash the FIR No. ____ U/s 287/ 336/304- A, Indian Penal Code, P.S.
________________;

b) Pass any other order as may be deem fit and proper in the facts and
circumstances of the case.

Petitioners

Through

Advocate
 P a g e | 59

BAIL APPLICATION

Bail means the release of the accused from the custody of the officers of law and
entrusting him to the private custody of persons who are sureties to produce the
accused to answer the charge at the stipulated time or date. Bail is liberty to the
accused to remain at large till the investigation, inquiry and trial is over.Section 436 of
the Code of Criminal Procedure relates to bail in bailable offence. Under this section
an accused in a bailable case can get bail as a matter of course. Section 437 of Cr.P.C.
deals with non-bailable cases. When any person accused of, or suspected of, the
commission of any non-bailable offence is arrested or detained without warrant or
appears or is brought before a Court such person may be released on bail by the
Court under section 437 Cr.P.C.

An “anticipatory bail” is granted by the High Court or a Court of Session, to a person

who apprehends arrest for having committed a non-bailable offence, but has not yet
been arrested (Section 438). An opportunity of hearing must be given to the opposite
party before granting anticipatory bail (State of Assam v. R.K. Krishna Kumar AIR
1998 SC 144).
 P a g e | 60

SPECIMEN BAIL APPLICATION UNDER SECTION 437, CR.P.C. 1973

In the Court of............... Magistrate ......

The State ...................

Versus

Accused AB son of TZ, Village: .............

Thana: .........

In the matter of petition for bail of accused AB, during police enquiry
The humble petition of AB the accused above-named

Most respectfully sheweth:

1. That your petitioner was arrested by the police on 5th March 2013 on mere
suspicion. That nearly a month has passed after the arrest but still the
Investigating Police Officer has not submitted a charge- sheet.

2. That your petitioner was not identified by any inmate of the house of CM where
the burglary is alleged
to have taken place, nor was any incriminating article found in his house.

3. That your petitioner has reason to believe that one GS with whom your
petitioner is on bad terms and who is looking after the case for complainant has
falsely implicated your petitioner in the case out of grudge.

4. That your petitioner shall fully co-operate with the police.

5. That your petitioner is not likely to abscond or leave the country.

 P a g e | 61

Your petitioner prays that your Honour may be pleased to call for police papers and
after perusing the same be pleased to direct the release of your petitioner on bail.

And your petitioner, as in duty bound, shall ever pray.

Advocate AB
Verification

I, AB, son of TZ, residing at. by occupation business, do hereby solemnly affirm and
say as follows:

1. I am the petitioner above-named. I know and I have made myself acquainted

with the facts and circumstances of the case and I am able to depose thereto.

2. The statements in paragraphs 1 to 5 of the foregoing petition are true and correct
to my knowledge and belief.

3. I sign this verification on the 6th day of May 2013. Solemnly affirmed by the
said AB on 6th May 2013 at the Court House.
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APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 CRPC

IN THE COURT OF SH.__________________

SESSIONS JUDGE, NEW DELHI

Criminal Misc. Case No. ...... of ......

In the matter of,

AB..................................Petitioner
versus
State ................................ Respondent

FIR NO. _____

UNDER SECTION _____________ IPC,

P.S.- ____________________.

Application for anticipatory bail under section 438 of the Code of Criminal
Procedure 1973

Respectfullyshoweth:-
1. That petitioner being a senior citizen is living a retired life.
 P a g e | 63

2. That even though applicant is not keen in selling his house, some local Property
dealers have conspired with some criminals/anti-socials to pressurise him for sale of his
house.
3. That some criminals of area, namely,...............conspired to malign/harass the petitioner
publicly by implicating him and lodging an FIR at the Police Station at..........
4. That petitioner being a senior citizent can not hide and if compulsory he shall co-
operate in police investigation. Anticipatory bail be granted to petitioner. :
5. That if anticipatory bail is not allowed petitioner suffer irreparable injury.
6. That petitioner undertakes to obey all terms/conditions on passing order of bail.
Hence prayed that Your Honour will be pleased to allow the petitioner anticipatory bail
and other order /orders as
Your Honour deem fit and proper.
And for this act of kindness your petitioner shall ever pray.

Petitoner/Accused

through

Advocate

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