APPLICATION UNDER SECTION 91 OF THE CODE OF CRIMINAL PROCEDURE

In the court of Judicial Magistrate Ist class, District XX

A.B.C.

........... Complainant

Versus

X.Y.Z

.............Accused

Application under section 91 of the Code of Criminal Procedure

Sir,

Respectfully, It is submitted as under :

1. That the above titled complaint is pending in this Hon'ble Court and is fixed for today.

2. That the C.W.-1, complainant, has appeared into the witness box during the complainant evidence and during cross examination, he has specifically stated that he was maintaining the balance sheet and account books of the complainant firm and has also shown the payments allegedly given to the accused against the cheque in question in the account books and balance sheet. Whereas the defence of the accused is that he taken only Rs. ________/- against the undated and blank cheque given to the complainant as collateral security. The complainant has himself filled the blank cheque for Rs. ________/- to extort money from the accused.

3. That the stand of the complainant can be falsified from the entries in the account books and balance sheet of the complainant firm and would show that the accused are not liable to pay Rs. _________/- as mentioned in the cheque and alleged in the complaint.

4. That the accused requests that the complainant may kindly be directed to place on record the copies of the relevant entries in the account books and balance sheet show what amount was paid to the accused against the cheque in question.

               It is therefore respectfully prayed that the keeping in view the above detailed submissions present application may kindly be allowed and the complainant may kindly be directed to place on record the original or attested copies of the relevant entries in the name of the accused in the account books and balance sheet to show as to what amount was paid to the accused against the cheque in question, by passing an appropriate order in the interest of justice.

Applicants/accused

Date:

Through Counsel :

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Sample of Commercial Property Rental Agreement / Lease Agreement

Commercial Property Rental Agreement / Lease Agreement

THIS INDENTURE of lease is made at [City] this [Day, Month] of [Year], between [Lessor Name], Son of [Lessor’s Father Name] resident of [Address Line 1, Address Line 2, City, State, Pin Code],  (hereinafter called “the Lessor”, which expression shall, unless repugnant to the context and meaning include his heirs, successors, administrators and assigns) of the ONE PART and [Lessee Name], Son of [Lessee’s Father Name] resident of [Address Line 1, Address Line 2, City, State, Pin Code], (hereinafter called “the Lessee”, which expression shall, unless repugnant to the context and meaning, include its successors and assigns) of the OTHER PART.

WHEREAS the lessor is absolutely seized and possessed or otherwise well and sufficiently entitled to the premises at [Lease Property Address, Address Line 1, Address Line 2, City, State, Pin Code] with a total area of [Lease Property Area] square feet.

AND WHEREAS on the request of the Lessee, the Lessor has agreed to grant lease in respect of the demised premises for a term of [Lease Term in Months or Years] in the manner hereinafter appearing.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1.     In pursuance of the said agreement and in consideration of the rent hereby reserved and of the covenants, conditions and stipulations hereinafter contained and on the Lessee’s part to be paid, observed and performed, THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building situated at [Lease Property Address, Address Line 1, Address Line 2, City, State, Pin Code] and hereinafter called as the demised premises, TOGETHER WITH ALL the fixtures and fitting therein, TOGETHER WITH the electrical installations and together with the right for the Leesse, its employees, servants, agents, customers and persons authorized by the lessor to use the entrances, doorways, entrance hall, staircases, landings and passages in the demised premises for the purpose of ingress thereto, TO HOLD the demised premises unto the Lessee for the period of [Lease Term in Months or Years] only commencing from the [Lease Deed Start Date] and determined on [Lease Deed Signing Date] but determinable earlier as hereinafter provided PAYING therefor unto the Lessor during the said term monthly rent of Rs. [Lease Amount per Month] payable by the [Date of Monthly Payment] of each succeeding calendar month to which it relates.

2.     The lessee hereby covenants with the lessor as follows:

a.      To pay the rent as aforesaid on the days and in the manner aforesaid.

b.     To pay the electricity bills for the electricity consumed for lighting the demised premises and for operation of air conditioners, fans, computers and electrical appliances in the demised premises.

c.      Not to make any structural alterations into or upon the demised premises or make any alterations or additions to the external appearance or any part of the demised premises without the previous consent of the Lessor in writing.

d.     To use the demised premises for office purposes of the Lessee.

e.      Not to do or suffer to be done in or upon the demised premises or other parts of the said building in common with other persons anything whatsoever, which may be or become a nuisance or annoyance to or in any way interfere with the quite or comfort of the Lessor or other Lessees and occupiers of the said building.

f.       Not to place or keep or permit to be placed or kept on the demised premises any offensive, dangerous or highly inflammable or explosive material or any other article or things, which may constitute a danger, nuisance or annoyance to the demised or surrounding premises or the owners or occupiers thereof.

g.      Not to sub-let, transfer, assign or part with the possession of the demised premises or any part thereof.

h.     To permit the Lessor, his servants, employees or agents duly authorized by him to enter into and upon the demised premises at all reasonable  times for viewing the condition of the demised premises or doing such works or things as may be requisite or necessary for any repairs, alterations, servicing or improvements to the demised premises.

i.       To hand over the peaceful possession of the demised premises at the end or the sooner determination of the said term together with all the Lessors fixtures and fittings in as good condition as received, fair wear and tear, damage by fire, acts of God, riots or other civil unrest, war, enemy action and/or other cause not within the control of the Lessee, being excepted.

j.       Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways, passages, staircase or lifts.

k.     To replace all broken fittings and fixtures by equally good or better substitutes.

l.       To insure and keep the demised premises insured against loss or damages by fire with an insurance company approved in writing by the Lessor for an amount which shall not be less than

3.     To Lessor doth hereby covenant with the Lessee as follows:

a.      That on the Lessee paying the rent on the due dates thereof and in the manner herein provided and observing and performing the convents, conditions and stipulations herein contained and on his part to be observed and performed, shall peaceably and quietly hold, possess and enjoy the demised premises during the term without any interruption, disturbance, claim and demand by the Lessor or any person lawfully claiming under or trust for the Lessor.

b.     To keep the interior, exterior of the demised premises, the drainage thereof in good and tenable repair and condition.

c.      To keep the entrance, doorways, entrance halls, staircases, lobbies and passages in the said building leading to demised premises well and sufficiently cleaned and lighted at his own expense.

d.     To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens whatsoever payable to State or local or other authority, which may at any time or from time to time during the term hereby created be imposed or charged upon the demised premises.

4.     It is hereby agreed and declared that these presents are on the express condition, that if the rent or any part thereof payable in respect of the demised premises shall be in arrears for a period of [two months] or by if the Lessee shall omit to perform or observe any covenants or conditions on the Lessee’s part herein contained, the Lessor may re-enter upon the demised premises provided that the Lessor has served a notice to the Lessee and a period of [one month] has elapsed after the issue of such notice, the Lessee does not pay the rent or does not perform or observe the covenant or condition and thereupon this demise and all rights of the Lessee hereunder shall determined.

5.     This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee.

6.     The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of there presents.

IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

a.      The lessee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or make any such additions or alterations, as may be necessary for its use by the Lessee; provided that the lessee shall remove the said fittings, fixtures, wooden partitions, cabins, additions or alterations and restore the demised premises to the Lessor on the expiry of the term of sooner determination of the lease in the same condition as existed before making such changes.

b.     If the lessor fails to pay the taxes, charges, assessments payable by him, or fails to carry out the necessary repairs and other work which he has to carry out as provided herein, the Lessee may after [one month] notice in writing, pay, discharge and carry out the same at its own cost and the Lessee may set off the same from the rent payable to the Lessor under these presents.

IN WITNESS WHEREOF, the Lessor has set its hands unto these presents and a duplicate hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate hereof on the day, month and year first hereinabove written.

For Lessor,                                                                                              For Lessee,

[Name]                                                                                                      [Name]

[Address Line 1]                                                                                   [Address Line 1]

[Address Line 2]                                                                                   [Address Line 2]

[City, State, Pin Code]                                                                         [City, State, Pin Code]

Witness 1:                                                                                                Witness 2:

[Name]                                                                                                      [Name]

[Address]                                                                                                 [Address]

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ANNEXURE ‘F’ - AFFIDAVIT / DECLARATION OF APPLICANT FOR OBTAINING A PASSPORT IN LIEU OF LOST/ DAMAGED PASSPORT

Points of Consideration:

1. Affidavit should be on Non-judicial stamp paper as per Passport Laws and Norms.
2. Please do not just type this format as it is.
3. Affidavit should be attested by Notary/S.E.M/ Oaths Commissioner

ANNEXURE ‘F’

AFFIDAVIT / DECLARATION OF APPLICANT FOR OBTAINING A PASSPORT IN LIEU OF LOST/ DAMAGED PASSPORT

I _____________ S/o D/o W/o _________________ R/o ______________________________________________ solemnly affirm as follows:

1.  That on __________ the deponent was going to _______________ and in the area of _______________, the passport of the deponent bearing no. ____________ fell down somewhere. Inspite of best efforts, the deponent was unable to find the same. On ___________, the deponent lodged the missing passport report under Unique ID No. __________, in the Police Station________________. Copy of the receipt is attached.   

2.  The deponent never travelled on the lost passport.

3.  The deponent never availed any TR concessions/FTs allowance etc.

4.  The lost passport had no objection by PIA.

5.  That the deponent was never deported at any time at the expenses of the Government.

I further affirm that I will take utmost care of my passport if issued and the Government will be at liberty to take any legal action under the Passports Act, 1957, if the lapse is repeated.

…Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of knowledge and nothing has been concealed therein.

Verified at Jalandhar on

…Deponent

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SUMMON – NOTICE TO DEFENDANT FOR PERSONAL APPEARANCE IN COURT

In The Court of Civil Judge (Senior Division), _________

Plaintiff V/s Defendant

(SUIT FOR _____________________)

NEXT DATE DD-MM-YYYY

Summon to appear in person:

Notice to: Defendant name and address
 

Whereas the plaintiff has instituted a civil suit for ___________________ against you. You are hereby summoned to appear in the Court in person or through representative on DD-MM-YYYY at 09:30 AM in the before Noon to answer the claim and you are directed to produce on that day all the documents upon which you intent to reply in support of your defence.

Take notice that in default of your appearance, on that day aforementioned case will be heard and determined in your absence.

Given under my hand and the seal of this court on the ______ day of _______ 2017.

Civil Judge (Senior Division), __________

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Affidavit of Application U/s 438 Cr.P.C. First bail

BEFORE THE HON’BLE SESSIONS JUDGE AT _____________

________________

…Accused/Applicant

Versus

1. State of Punjab.
2. SSP/ Commissioner of Police
3. SHO Police Station ____________.

…Respondents

 

F.I.R. No. __ dated ______

U/s ___________________

Police Station NRI_______

 

First application U/s 438 CRPC with prayer to grant bail to the accused/accused/applicant

And/Or

Also with a prayer to grant interim bail during the pendency to present bail application

And/Or

Any other orders may be passed in the interest of justice

 

(AFFIDAVIT)

 

I, _________________________________ do hereby solemnly affirm and declare as under:-

 

1. That this is my first bail application.

2. That the contents of bail application kindly be read as part and parcel of this affidavit.

 

...Deponent

Verification:-
Verified that the contents given above in the affidavit are true and correct to my knowledge and no part of it is false and nothing has been concealed therein.
Verified at ______________ on:

...Deponent

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Affidavit for Filing Correct Address in Suit – Complaint – Case

IN THE COURT OF __________________________

 

 

  

FIRST PARTY                     V/s                 SECOND PARTY 

 

(Suit for _______________)

AFFIDAVIT

 

I, ______________ SON OF _______________ RESIDENT OF _________________________________, do hereby solemnly affirm and declare as under:-

 

1. That the last known address of the defendant was as given in the plaint and at present the defendant has left that address. So the summons of this Hon’ble Court could not reach to the defendant.

 

2. That now the plaintiff has found the correct address of the respondent with his sincere efforts. At present the defendant is residing at the following address:-

 

__________________________________________

 

3. That the address given above is the correct and present address of the defendant, defendant may kindly be summoned at this address.

 

 

Deponent

 

Verification:-

 

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

 

Verified at ______________ on:

 

Deponent

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Affidavit for Compromise in FIR – Complaint – Case – Suit

AFFIDAVIT

I, ____________ son of _____________ resident of ______________________________, do hereby solemnly affirm and declare as under:- 

1. That a case/FIR/Complaint No. _____ dated _________ was registered U/s _______________ at Police Station ____________, on my statement against ________________________________. 

2. That now with the intervention of the respectable, a compromise has been effected both the parties and I do not want to further pursue with the above noted case/FIR/Complaint and has got no objection, if the above said case/FIR/Complaint is cancelled/quashed/withdrawn. 

3. That I undertake to make the necessary statement for cancellation/quashment/withdrawal of the case/FIR/Complaint, before the Police or before the Court as and when required to do so.

Deponent

Verification:-
 

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at _______________  on: _______________

Deponent

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Affidavit of Lost of Any Certificate – Oath

AFFIDAVIT

 

I, _______________-son of ___________________ resident of ______________________, declare on oath that my qualifying/passing certificate issued by the ____________________________ Board of having passed the ________________ examination in the year _______-__ from ________________________________ School has been actually lost and that is my true statement. My Roll Number was ________________ 

 

Sworn before me on this day of __________ (Date)

 

Signature of Candidate/Deponent

Permanent Address:- ____________________

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Affidavit of Adoption after second marriage

AFFIDAVIT

I, __________ Son of _______________ Resident of ________________________________________ do hereby solemnly affirm and declare as under :-

 

1. That I have married to Mrs. _____________ Daughter of ___________________ R/o _______________________ , on dated ______________.

 

2. That Mrs. _______________  had a daughter namely ______________ from her previous marriage and I have also adopted said ________________ and he/she is living with me at present. The date of birth of said _______________  is ____________ and he/she was born at ________________.

 

3. That as said ______________ is living with me and his/her father’s name is required opt be changed from _____________ to my name i.e. ________________ for further record. 

 

4. That the mother’s name of said ______________ is Mrs. _____________ wife of _______________. I am looking after said __________________ and providing him/her all his/her necessities and shelter being his/her father.

Deponent

Verification:-
 
Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at _________________ on:

Deponent

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Affidavit last known address in Suit before Hon'ble Court

In the Hon’ble Court of _____________________________

 

  

FIRST PARTY                  VERSUS                  SECOND PARTY

 

(SUIT FOR _____________)

 

Affidavit last known address

 

i, ______________ aged about _______ years Son of ________________, Resident of _________________________________________________________ do hereby solemnly affirm and declare as under:-

 

1. That deponent is duly authorized attorney of the complainant and is competent to file affidavit for complainant.

 

2. That the above mentioned case is pending before this Hon’ble Court and is fixed for today.

 

3. That address of accused as mentioned in the complaint is last known address of accused and moreover, the legal notice issued by the deponent is returned back with the remarks “Refused” meaning thereby the address already mentioned in the complaint is the exact address and complainant is not aware of the any other address of accused. Said address was used by accused while making transactions in suit case of business with the accused.

…Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at _________________ on _____________

…Deponent

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AFFIDAVIT BY PARENTS IN SUPPORT OF THEIR DAUGHTER’'S MARRIAGE {USA}

AFFIDAVIT

I, {father’s name} son of  ____________ and {mother’s name} wife of ____________ both residents of ____________________________________ do hereby solemnly affirm and declare as under:-

1. That {daughter’s name} is our daughter.

2. That our daughter ____________ is major and we had got solemnized her engagement and ring ceremony on ____________ with _____________ son of ________________ now residing at {USA Address} USA at Hotel __________. We alongwith other family members and relatives had personally attended the above said engagement and ring ceremony.

3. That our daughter ____________ shall marry with above said _______________ within 90 days on arriving to USA.

 

Deponent                                                Deponent   

{father’s name}                                 {mother’s name}

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of knowledge and nothing has been concealed therein.

Verified at _____________ on

Deponent                                                Deponent   

{father’s name}                                 {mother’s name}

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Affidavit alongwith Application for Bail U/s 438 Cr.P.C.– Non-appearance in Lower Court – (Reason wrong date)

NOTE: Please check the Sample Application for Bail U/s 438 Cr.P.C.

 

In The Hon’ble Court of Sessions Judge, Jalandhar


 

xxxxxxx

… Accused/Applicant

Versus

State

FIR No. __ dated ________

U/s ___________________

Police Station ___________
 

 

First Bail Application U/s 438 Cr.P.C.

Affidavit

 

I, ______________ aged about  ____   years S/o, W/o, D/o ____________ R/o ________________________________ do hereby solemnly affirm and declare as under :-

 

1. That this is first bail application U/s 438 Cr.P.C., no bail application have been filed, pending or decided by any competent Court of law including Punjab & Haryana High Court, Chandigarh.

Deponent

Verification:
 

Verified that the contents of my above affidavit are true and correct and nothing has been concealed therein.

Verified at _____________ on

Deponent

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First Application for Bail U/s 438 Cr.P.C.– Non-appearance in Lower Court – (Reason wrong date)

In The Hon’ble Court of Sessions Judge

xxxxxxx

… Accused/Applicant

Versus

State

FIR No. __ dated _________

U/s ______________________

Police Station ____________

 

First Bail Application U/s 438 Cr.P.C. on behalf of applicant for issuing the directions to the Ld. Trial court of sh. __________, CJM to release the accused/applicant on bail in the event of his surrender or appearance before the court. 

And 

Further issuing directions to the SHO/ I.O./ A.O. of Police Station _____________ to release the accused/applicant on bail, in event of their arrest, in the above noted case

Sir,
It is respectfully submitted as under:-
 

1. That the above mentioned case titled as “State V/s _____________” is pending before the Hon’ble court of Sh. __________, CJM and is fixed for ___________.

 

2. That the accused/applicant appeared before the Hon’ble Court of Sh. __________, CJM on _____________ and the case was fixed for ____________. But, the accused/applicant had wrongly note down the date as ___________ instead of ___________ and then the accused/applicant had gone to out of station, then the co-accused has informed the accused/applicant telephonically that the date of his case was _____________ and due to non appearance of the accused/applicant, his bail bonds and surety bonds has been cancelled by the court vide order dated _____________ and non-bailable warrants has been issued. 

 

3. That the accused/applicant is vigilant litigant and wants to join the proceeding of the case, but due to issuance of non-bailable warrants, the accused/applicant has apprehension that he may be arrested at the time of his appearance before the said court.

 

4. That the accused/applicant had been appearing regularly before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing.

 

5. That the accused/applicant undertakes to appear before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing, if released on bail.

 

6. That all the offences are bailable one.

 

7. That the accused/applicant further undertakes that he shall not misuse the concession of bail, if granted to him.

 

8. That the accused/applicant further undertakes to abide by all the terms and conditions, which may be imposed by this Hon’ble Court, while granting the concession of bail to him.

 

It is therefore, respectfully prayed that necessary directions may kindly be issued to the Hon’ble Court of Sh. __________, CJM to release the accused/applicant on bail, in the event of his surrender/appearance before the said court.

 

It is further prayed that the interim bail may kindly be granted to the accused/applicant, till the final disposal of the bail application, in the interest of justice, equity and fair play.

Dated:

Accused/Applicant

Through Counsel:-




Note: For Supporting Affidavit CLICK HERE

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Application for summoning the witnesses

IN THE HON’BLE COURT OF _______________________________

FIRST PARTY              VERSUS              SECOND PARTY

(-TYPE OF CASE-)

Application for summoning the witnesses

Sir,

It is respectfully submitted as under:

1.      That the above noted case is pending before this Hon’ble Court and fixed for _________.

2.    That the following witness may be summoned on behalf of the applicant on payment of D.M., P.F.:- 

DM    PF 

i.      __________________________ 
     __________________________
 
ii.   __________________________ 
     __________________________

It is, therefore, prayed that the above said witnesses may kindly be ordered to be summoned for just and proper decision, in the interest of justice.

Dated:                          

                      Applicant

Through Counsel:                                        

Advocate

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Affidavit Under Order 5 Rule 20 Read With Section 151 Civil Procedure Code (CPC) Substitute Process of Service

NOTE: This affidavit is to support the main APPLICATION U.O. 5 R. 20 READ WITH SECTION 151 CPC

In the Hon’ble Court OF _____________,

FIRST PARTY              V/S             SECOND PARTY

(TYPE OF CASE)

Application Under Order 5 Rule 20 Read with Section 151 CIVIL PROCEDURE CORD (CPC)

AFFIDAVIT

I, ____________________ SON OF ____________________ RESIDENT OF _______________________________do hereby solemnly affirm and declare as under:-

       1)    That the above captioned petition/ case/ complaint/ application is pending in this Hon’ble Court and is fixed for today.

     1)    That the deponent is not in the knowledge of the present address of the respondent/ defendant/ opposite party, except which is mentioned in the petition/ case/ suit/ complaint/ application. Hence, the respondent/ defendant/ opposite party cannot be served through ordinary process of service and is liable to be served through substitute process of service. Hence this application.

…Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at ____________ on________

…Deponent

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