happy teachers day to all...!

APPLICATION U/O 7 RULE 11 C.P.C

APPLICATION U/O 7 RULE 11 C.P.C FILED BY THE

MANAGEMENT ON THE LAST DATE OF HEARING

Most Respectfully Showeth:-

1. That the first para is the matter of record.

2. That the second para is wrong and denied. It is denied that the said LCA is without any cause of action against the management, hence the same is liable to be rejected under the mandatory provisions of Order 7 rule 11 C.P.C. The rest of the para is ambiguous. It is submitted that there is very much cause of action against the management, hence LCA is very much maintainable.

3. It is a matter of record, however it is submitted that a case was registered against the petitioner wide FIR No. ..... U/S ...... IPC in P.S. ........... in which the petitioner was acquitted by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi on dated 03-08-09.

4. The application is wrong and denied. It is denied that mere acquittal of workman in criminal court does not itself give rise to any cause of action to the workman against the management. It is further denied that his acquittal does not allow him any benefit in the independent department inquiry. It is further denied that the awarded punishment attained finality in the eyes of Law, unless the same is set aside by the Hon’ble Court. It is submitted that the acquittal of the petitioner shows that the petitioner was not guilty of wrong act and departmental enquiry cannot sustain.

5. That it is wrong as stated by the applicant. It is wrong and denied that the acquittal of the workman is of no consequence and the punishment awarded by the management stands legally valid. It is submitted that when the petitioner was not held guilty by the Hon’ble Court of Sh. Naveen Arora, MM, Patiala House Courts, New Delhi, then the management cannot hold the petitioner guilty of its own.

PRAYER

It is therefore prayed that the application of the applicant be dismissed with cost.

Date:

Place: Though Counsel

Complaint under section 156 (3) Cr.P.C

IN THE COURT OF SH. METROPOLITAN MAGISTRATE, DELHI

In the matter of

ABC Sharma Complaint

Versus

XYZ Sharma Defendant

APPLICATION UNDER SECTION 156 (3) Cr.P.C

Most Respectfully Showeth :

1. That the complaints have failed the accompanying complaint u/s 200 Cr.P.C. against the accused persons and the contents of the accompanying complaint may be read as part and person of this application and the same are not being repeated here for the sake of brevity.

2. That since the local police has failed to register FIR against the accused persons as per the offences committed by the accused persons are cognizable offences, it is just fit or proper and the local police may be directed to lodge/register on FIR u/s 380/448/506/34 IPC against the accused persons.

Prayer :-

It is, therefore, prayed that the local police of P.S. Connaught Place, New Delhi may be directed to investigate the matter and to lodge an FIR in the above case and report may be called from the SHO P.S Connaught Place, New Delhi. In the case u/s 156 (3) Cr.P.C in the interest of justice.

Delhi Complaint

Through

Place Counsel

COMPLAINT UNDER SECTION 200 Cr.P.C. BEHALF OF COMPLAINANT

In The Court of Sh. Chief Metropolitan Magistrates, Delhi

In The Matter of

ABC Complainant

Versus

XYZ Defendant

Memo of Parties

ABC …………………………….Complainant

F/F New Delhi

Versus

XYZ …………………………………Defendant

Street No.5 Delhi

U/S 380/448/506/34 IPC

P.S. New Delhi

COMPLAINT UNDER SECTION 200 Cr.P.C. BEHALF OF COMPLAINANT

Most Respectfully Showeth :

1. That the complainant is residing of the aforesaid address with his family.

2. That the complainant is also running a shop no. 38A ABC Complex CP. Under the name of rahul store ana selling the goods.

3. That the accused no.1 is the allottee of the aforesaid shop and the complaint has paid Rs. 4, 00,000.00/- to the accused no-1 for running the his shop peacefully and without any kind of obstruction.

4. That the on 03-11-10 at about 10 p.m. in the night the complaint went to his house after closing his shop and when on the next day He come to the shop at about 1.30 pm on 04/11/10, He found that the looks of his shop put by him, have been changed and when the complainant tried to see inside the shop he was surprised to see that his articles/goods lying in the ship was funnd removed and the aforesaid illegal and unjustified act were committed by the aforesaid accused persons and they have removed the articles of the complainant from his shop and kept the same in their shop and they also put their locks on the shop of the complaint.

It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to sommon the accused persons u/s 448/380/506/34 IPC. Punished them according to law in view at the facts and circumstances mentioned above in the interest of justice.

Delhi Complainant

Through

Dated Counsel

INTIMATION TO POLICE AUTHORITIES AFTER TAKING POSSESSION OF THE SURRENDER ASSET.

The Hon'ble S.H.O Date:…………….

…………………………….. Ref:……………..

…………………………….

Dear Sir

SUB: INTIMATION TO POLICE AUTHORITIES AFTER TAKING POSSESSION OF THE SURRENDER ASSET.

AGREEMENT CODE :

EQUIPMENT MAKE :

REGN. NO :

NAME OF BORROWER/HIRER :

ADDRESS OF BORROWER/HIRER :

The above Borrower/Hirer has defaulted on the scheduled repayment of his installment(s) amounting of Rs……………../- as on ………………… and thereby has failed to confirm to the term and conditions of the said agreement executed between us.

Pursuant to our rights under the said Agreement, we have taken possession of the above vehicle/equipment without any consignment in it.

We have therefore repossessed the subject vehicle/equipment under the jurisdiction of your police station and there is no valuables/jewellery/cash/arms etc, in the said vehicle at the time of taking possession.

This communication is for your records and to prevent any confusion that may arise from any complaint that the Borrower / Hirer & /or his / her / their representative may lodge with you about the vehicle / equipment being stolen with or without any consignment whatsoever.

Thanking you,

Your Faithfully,

For ............................... Ltd.,

(Authorized Signatory)

Right To Information Act 2005 Format

To,

The Public Information Officer

M.C.D Shahdara (North East) Zone

Delhi-110032

Sub:- Application Under the provisions of the right to information act 2005.

Sir,

I want the information with documents about the .............................................. Delhi-110001 & questions:

1. Whether it is authorized construction?

2. Whether it is build up by Law?

3. Whether any site plan is passed?

4. If above mention property not authorized then what action was taken by the M.C.D.

I paid the fees of this information.

I enclosed Postal Order No.................... on dated................2011.

Thanking in anticipation.

XYZ

Rent Agreement Format for all purpose

RENT - AGREEMENT

This Rent-Agreement is made and executed at the place of Delhi on Dt. 08-Apr-10 between Sh. ................................... S/o. ............................ R/o. H.No. - ................................, Delhi-95, hereinafter to be referred as the Landlord/First Party,

AND

Sh. .............. S/o ............... R/o. H.No. - ..., Front/First Room, Ground Floor,.........., Delhi-95, hereinafter to be referred as Tenant/Second Party.

Whereas, the First Party is the Exclusive Owner and in lawful possession of entire property bearing number as H.No. - ..............................................................., Delhi-95.

Whereas at the request of the Second Party, the First Party has agreed to let out his Front/First Room of the Ground Floor of the abovesaid property to the Second Party, on the following terms and conditions:

1. THAT, the landlord is in position to share the abovesaid property for short term renting and tenant is agreeable to accept the same for residential purposes.

2. THAT, period of renting agreed by both the parties in the first instance is with effect from Dt. 8-Apr-2010 to 7-March-2011 for the period of eleven months of tenancy and the same can be renewed further with mutual consent of the parties in writing, however it is also being mutually agreed between the parties that if there the said term is not being extended in writing then the first party has given its expressed consent to extend the same for a minimum period of three months.

3. THAT, rent as per the mutual consent and settlement between/of the parties is fixed Rs. 2,600/- (Rupees Two Thousand Six Hundred Only) per month plus the Electricity charges, as may be agreed alongwith the water charges which shall be 50% of the water Bill and the same is payable in advance from the starting month and continuously payable on or before 10^th of every English calendar month.

4. THAT, the first party has delivered the vacant possession of the said Front/First Room in the ground floor with fully fitted fixtures, fans, lights, or moveable items of said property and the First Party has received/occupied the same.

5. THAT, the rented premises will be occupied and used by the tenant only for the purpose of residence and as the Second Party are the professionals, so as per the building bye-laws, they may use 30% of the said property for running their professional office/s etc.

6. THAT, the tenant shall keep the rented Front/First Room premises in good sanitary conditioned and the same shall be used in keeping/complying the prevailing rules/regulations/bye-laws of Delhi Municipal Corporation/NDMC/DDA. Etc.

7. THAT, the tenant without any prior consent of landlord will do no additions/alterations of any kind in the rented premises.

8. THAT, the landlord may inspect the rented premises at any reasonable hours / period of the working days only in the presence of the male members of the family of Second Party.

9. THAT, the First Party shall have a right to terminate the present agreement at any time after serving Second Party a three month prior notice of the same in writing and the same is applicable with the Second Party.

IN WITNESS WHERE OF: the parties to the present agreement, have set their respective hands on the Day, Month and Year, mentioned/Written First above.

WITNESSES :

LAND-LORD/FIRST PARTY

(.............................................)

1. Name & Address:

TENANT/SECOND PARTY

(....................................)

2. Name & Address:

Matter of Maintenance section 125 cr.pc

First complaint was made after one year of marriage by my

daughter. I was not accompanied with my daughter when she made the

complaint. Complaint was not made by me in women cell. Complaint was made

at PS Shakarpur. It is wrong to suggest that I have no knowledge about this

case as the complaint was not made to PS Shakarpur but was made to CAW

Cell. The accused namely Vishwas had come to me several time at my house to

raised demand for money. The demand was some time was Rs. 5,000/- and

some time was Rs. 7,000/- and some time was Rs. 10,000/-. I cannot tell the

date month and year or occasion when the said demand was raised from me. I

had given Rs. 12,000/- to my daughter and she came to me in bewildered

condition as she was beaten up by her husband on account of dowry. She had

come to me alone. At that time was me and my wife present. Said Rs. 12,000/-

was arranged by me by borrowing and by selling some jewellery. Rs. 7,000/-

borrowed by me from my brother in law but I cannot tell the

address where jewellery was sold by me. Police had not recorded my statement

but the recorded the statement of my wife.

Question: Whether you have told the police that from where you had arranged

money of Rs. 12,000/- for giving the same to the daughter?

Answer: Disallowed not relevant.

It is wrong to suggest that no demand was raised by the accused

persons for Rs. 15,000/-. It is wrong to suggest that no Rs. 12,000/- was paid by

me to the accused. No medical was prepared complainant after the incident of

beatings. It is wrong to suggest that since no beatings by accused persons so

no medical was prepared. During the pendency of case no compromise was

taken place. It is correct that daughter was expired at my house. It is correct that

Begum is my real sister and both the another accused is my Bhanja. I

also do not remember the date when I paid Rs. 5,000/- to my daughter. My

daughter told me that accused persons are demanding money for doing thebusiness of gate grill. No paper work done in my presence accused persons

were arrested and got them released from police station. It is wrong to suggest

that I used to demand money from my sister a when she

refuse to pay done I got registered the present case through my daughter against

the accused persons. It is wrong to suggest that no demand of dowry was made

by the accused persons from me or my daughter. It is wrong to suggest that no

beatings was given by my daughter for demand of dowry. It is wrong to suggest

that I never gave Rs. 5,000/- or 12,000/- to my daughter against demand of

accused persons. Some articles recovered from accused persons are lying at

police station Shakarpur and remaining dowry articles are in possession of

accused persons. The articles lying in police station are one broken bed, one

stool, one iron box, one kuran sharif, 3-4 hairs bands and 4 pieces of cloths. It is

wrong to suggest that I am deposing falsely.

138 NI Act format

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE DELHI

COMPLAINT NO.________________/2011

IN RE:

IN THE MATTER OF

SHRI RAJESH SHARMA

C/O A.R.ENTERPRISES

R/o: K-5/ 12A, STREET NO. 8,

GANGOTRI VIHAR, BHAJANPURA,

NEAR SURYA PUBLIC SCHOOL,

DELHI-110053 ……………………………Complainant

VERSUS

SHRI VARUN BANSAL

S/o SHRI VIRENDER BANSAL

PROPRIETOR, S.S.NUTRITIONS,

At: T-206, INDRA COLONY, NARELA

DELHI – 110051

………………………Accused

P.S:- NARELA

COMPLINANT UNDER SECTION 142, N.I ACT,1881, AGAINST THE ABOVEMENTIONED ACCUSED FOR COMMISION OF OFFENCE PUNISHABLE U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT,1881(AS AMENDED UPTO)

MOST RESPECTFULLY SHOWETH:-

1. That the complainant Rajesh Sharma is peace loving and law abiding citizen of India residing at: - H.No. K-5/ 12A, Street No.8, Gangotri Vihar, Bhajan Pura, Near Surya Public School, Delhi-110053.

2. That the complainant and accused are in acquaintance with each other for the last 4-5 years and share the relationship of service provider and consumer. The complainant deals in the marketting of Box Strapping Machines, Shrink Wrapping Machines, Taping machines Band Sealer, Plastic Strapping Rolls, Bopp Tape, Shrink, Stretch Film, Other packing Material, Spare Parts & Services of all types.

3. That the accused approached the complainant in the month of April 2010, for the supply of PVC Shrink Labels and other related materials and accordingly the complainant supplied the accused with the same vide Book No.20, Invoice No. 986 dated 08-Apr-10 at the consideration of Rs. 28, 077/-. The True copy of the Sales Invoice dated 8-Apr-10 is annexed as Annexure “A”.

4. That, again the accused approached the complainant on dated 14-Apr-10 for the supply of PVC Shrink Labels vide Invoice No.992, Book No.20 for a consideration of Rs. 28, 973/-. The True copy of the Sales Invoice dated 14-Apr-10 is annexed as Annexure “A-1”.

5. That again on the third occasion, the accused approached the complainant on dated 22-Apr-10 for the supply of PVC Shrink Pouches vide Invoice No. 1002, Book No. 021 for a consideration of Rs. 10,020/-. The True copy of the Sales Invoice dated 22-Apr-10 is annexed as Annexure “A-2”.

6. That again on the fourth occasion, the accused approached the complainant on dated 8-May-10 for the supply of PVC Shrink Labels vide Invoice No. 1013, Book No. 021 for a consideration of Rs. 26,520/-. The True copy of the Sales Invoice dated 8-May-10 is annexed as Annexure “A-3”.

7. That again on the fifth occasion, the accused approached the complainant on dated 12-May-10 for the supply of PVC Shrink Pouches & Labels vide Invoice No. 1019, Book No. 021 for a consideration of Rs. 34, 776/-. The True copy of the Sales Invoice dated 12-May-10 is annexed as Annexure “A-4”.

8. That as per the Ledger Details, the complainant supplied the accused with the following material as per the following discipline:

Date of Supply of materials	Invoice Number	Particulars of Material Supplied	Amount (in Rs.)
08-04-2010	986	PVC Shrink Sieves, PVC Shrink Labels	28077/-
14-04-2010	992	PVC Shrink Labels	28973/-
22-04-2010	1002	PVC Shrink Pouches	10020/-
08-05-2010	1013	PVC Shrink Labels	26520/-
12-05-2010	1019	PVC Shrink Pouches, PVC Shrink Labels	34766/-

9. That against the supply of the above mentioned material by the complainant to the accused to the tune of Rs. 1, 28, 356/-, the accused made payments to the complainant only to the tune of Rs. 58, 377/- ( which includes payments made vide Cheque No. 022272 dated 28-04-2010 for Rs. 28077/-, Cheque No. 022290 dated 12-05-2010 for Rs. 10,300/- both drawn on Central Bank of India and a sum of Rs. 20,000/- paid in cash).

10. That the above mentioned accused, in the discharge of above said admitted pending partial liability had issued the following cheque under his signature from the account maintained by the accused with his banker in favour of complainant, the details of which are as under :-

Cheque No.	Cheque Date	Cheque amount	Drawn on Bank
048217	5-Sep-10	Rs. 20,000/-	Central Bank of India, Narela, Delhi – 110040

11. That when the complainant asked from the accused about the pending amount of Rs. 49979/-, the accused replied and told the complainant that he was going through a difficult phase and arrangement of the pending amount would take time. The accused also informed the complainant that some kind of problem had occurred with respect to his bank account and thus requested our client to present the above mentioned cheque dated 5-Sep-10 after a period of at least 3-4 months.

12. That after the expiry of the period of 5 Months from the day of issuance of the cheque, the said Cheque was presented by the complainant with his banker namely HDFC Bank Ltd at Hindustan Times House, 5^th Floor, 18/ 20, KG Marg, New Delhi-110001 on dated 17-Feb-11 but to his much shock and dismay, got surprised when, complainant came to his knowledge that the said cheque was returned unpaid by banker along with the Return-Memo. Dt. 17-Feb-11, for the Reason of “Insufficient Funds” received in due course, to the complainant, after Few Days of dishonour of said cheque. The Original cheque and Original Memo of accused banker Dt. 17-Feb-11 are annexed herewith as Annexure – “B” & Annexure “C” respectively.

13. That, thereafter, complainant through his counsels Sh. Suvrat Singh Tomar and Sushil Jain, Advocates having its office at D-423, Karkardooma Courts Advocates Chambers, Delhi-110092, sent a Legal Notice of Demand Dated 10-Mar-11 ( Posted on 11-Mar-11 ) through Registered Speed Post to the accused intimating him about the dishonour of above said cheque and calling him upon to make the payment of the dishonoured cheque Amount either to the complainant directly at her address or to his counsel at his above mentioned address, Within Fifteen Days of Receipt of that Legal Notice, Failing upon which the complainant would be compelled / enforced to take further legal action ( Civil or Criminal ) against the accused without further intimation to him .The Copy of the legal Demand Notice sent to accused satisfying the requirement U/s 138(b) of N.I. Act ,1881, is annexed herewith as Annexure D.

14. That the accused has failed to make the payment of the amount of dishonoured cheque in question despite the receipt of legal notice which was sent at the last given address of the accused, through Registered Speed Post Dt. 11-Mar-11. That said legal notice was duly served upon the accused as per the provisions of law and satisfying the requirements U/s 27, General Clauses Act and U/S, 144 Indian Evidence Act., 1872 . The Original Registered Speed Post Receipt is annexed herewith as Annexure E.

15. That due to dishonour of the cheque issued by the said accused, and despite the receipt of the said legal notice of the complainant's counsel, the Accused has not made payment of the dishonoured cheque’s amount demanded within 15 days of receipt of the said legal notice , to the complainant ,hence the said accused is liable to make good the said payment and aforesaid dishonoured amount is legally enforceable debts upon him , thus it is clear that the said accused has committed offence , punishable under Section 138 ( as amended up to date ) of the Negotiable Instruments Act.1881 and the said offence has been committed within the jurisdiction of this court .

16. That upon aggrieved from the acts of the accused and suffering huge wrong full loss, the complainant prefers this complaint before this Hon’ble Court and the present complaint is being filed within the period of limitation as provided in section 142(b) of the Negotiable Instrument Act. List of Document and list of Witnesses, are annexed with this complaint.

PRAYER

It is, therefore, most respectfully prayed before this Hon’ble Court that in view of the above mention facts and circumstances of the present matter, this Hon’ble Court may be pleased to:

1. Summon, Try and punish the accused for offence Under section 138 of the Negotiable Instrument Act:

2. Pass any other further order (s) in view of the above mention facts and circumstances of the present case, Which this Hon’ble Court may deem Fit and proper in the interest of justice as well as in the interest of complainant.

3. And also direct the accused to pay compensation U/S 357 of Cr.P.C. to the complainant against dishonour of Cheque

4. And such other further amount as compensation which this Hon’ble Court deems fit and proper in respect of charges, litigation expenses, and to compensate delay and harassment to the complainant payable by the accused.

Date: 02-04-11

Place: Delhi (Complainant)

Through its legal counsels,

(Suvrat Singh Tomar)(Sushil Jain)

Advocates

Good Morning To All..!

Greetings..! All

We won the Lokpal Bill Against Govt.

Thanks to all support for Anna Hazare

Good Evening To all.......!

Dear Friends

I hope you are well and good

If you want small business in low budget ........... then you contact me.

ASAP

Thanks

Hi Happy New Year 2011

Hi
Friends
Wishing you and your family Very Happy New Year 2011
Thanks

Application under rule 21, 37 and 38 consumer disputes act

BEFORE THE PRESIDING OFFICER, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST), SAINI ENCLAVE, DELHI

In Re:- Execution Petition No………..2011

Ajay Kumar Sharma D.H

Versus

Dell India Pvt Ltd & Ors J.D.

APPLICATION UNDER ORDER 21 RULE 37 & 39 READ WITH SECTION 51, 55, AND 151 C. P.C. 1908 FOR ARREST OF THE JUDGEMENT DEBTOR AND DETENTION OF THE DUDGEMNET DEBTOR IN CIVIL PRISION

Most Respectfully showeth:-

1. The Award / Decree holder , Sh Ajay Kumar Sharma, is a lawful and peace abiding citizen of India.

2. That the D.H. had filed a consumer complaint no. 305/10 against opposite parties no.1 -3 and the Hon’ble Court was pleased to pass the award ex-parte in favor of the D.H. on 16/08/10.

3. That the judgement debtor has failed to abide by the decree and has not paid the dues.

4. That the J.D. is a multi-national company, having its various offices at delhi and other cities of India and is in the business of selling advanced Laptops but is intentionally avoiding to discharge the decree. That despite having means to pay the amount of decree the J.D. is not paying the amount due under the Decree.

5. That the J.D has the means to pay the amount of the decree and has intentionally neglected to pay the decretal amount and has no regards for the Order of the Court.

6. That due to utter disregard of and on failure to comply with the orders of the Hon’ble Court and due to J.D.’s Failure to make payment of the awarded amount despite having means to satisfy the decree / award, the D.H. has been constrained to approach this Hon’ble Court to order and direct that the J.D. may be arrested in execution of Decree award and before this Hon’ble Court so that further order for recovery of amount due / detention of J.D. in Civil Prison may be passed.

PRAYER:-

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

1. Pass an order directing the arrest of the J.D. and direct that the J.D. be prdduced before the Hon’ble Court so that amount is recovered of Order be passed against J.D. for his detention in civil prison.

2. Pass any other further order in the facts and circumstances of the case, which this Hon’ble Court deems fit and proper in the interest of the applicant as well as in the interest of justice.

Date: Application

Through

Place: Counsel

(Advait Gadadhar Law Firm)