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DPC internals

Dpc question nd anser

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0% found this document useful (0 votes)
15 views

DPC internals

Dpc question nd anser

Uploaded by

vqk2cjmswv
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Internals

1. Notice for Termination of tenancy

BY way of R.P.A.D.
From,
Advocate
Address,

To,
Mr.
S/O
Of age
R/at
Place and pin

Subject: Eviction notice/ notice for termination of tenancy

Respected sir,
Under instructions from my Client Mr.--------, S/0, R/at/.
Mangalore herein afterwords “My Client”. I am being directed to issue
this notice to you as follows,

1. That you are a monthly building tenant under My client in


respect of the house bearing door no._____ situated at _______
Mangalore, the monthly rent amount is or the amount stipulated
in the rent bond is Rs. _____ (words) and the interest on the
arrears of rent is payable at 12% p.a. the tenancy month
commences on the first day of every single month and ends with
a last day of that particular month which is according to the

1
English calendar. You are highly irregular in the matter of
payment of the rent.

2. Presently you are in arrears of the rent from past 10 months


i.e., from _________ to _________2024 (both inclusive). In
addition to that the entire interest is also due from the respective
due date. You have failed to pay the same, in spite of repeated
demands made by My Client.

3. My client does not desire to continue your tenancy and


longer. Your tenancy is hereby terminated with effect t from
_______ 2024.

4. In this present situation now, you are hereby called upon to


vacate and surrender peaceful possession thereon to My Client on
_________ of 2024. And also, you are hereby called upon to pay
the arrears of rent. For current tenancy month i.e., _______ 2024
within due date. The cost od this legal notice is Rs._______. If
you fail to comply with the lawful demands made herein
necessary legal proceedings would be instituted against you for
which you, yourself are responsible,

Place yours faithfully,


Date XYZ (Adv. Sign)

2
2. Notice u/s 13 of NI Act (E-3)

From,
XYz
Advocate ,
Address

To,
Mr.
S/O
Of age
R/at
Place and pin

Subject : Legal Notice under section 138 of NI Act

Sir,
Under the instructions of my client (name and address), I have
issued this notice to you, as here under,

1. That you have borrowed a sum of Rs.


____ (words) from my Client on (date) and you had agreed to
repay the amount along with the interest at 12% p.a. within 10
months from the date of borrowing, but s far you have failed to
do so.

2. On repeated demands made by my client, you had issued a


cheque in the last monthi.re., _____ 2024towards the payment of
3
the said amount. The cheque was drawn on the account
maintained with Canara Bank Kodialbail Branch, Mangalore. My
Client accepted the cheque believing your representation that the
cheque would be honored when presented. However, to the much
surprise of My Client when the above cheque was represented in
the first week of ____ 2024 for collection, it has been dishonored
for the reason funds insufficient of which My Client received the
intimation on _______ of ________ 2024. Therefore, it is clear
that you has issued the above cheque without having sufficient
funds to honor the cheque with the intention to defraud my Client.

You are hereby called upon to arrange for the payment of


the above said principle amount with interest and also Rs._______
being the cost of this legal notice within 30 days from the date of
this notice is received .

If you fail to comply with the lawful demand made by My


Client necessary legal proceedings would be instituted against you
for which you are solely responsible for the same.

Date yours faithfully,


Place XYZ (Adv. Sign)

4
3. Caveat under section 284 of IS act 1925 (e3)

IN THE COURT OF DISTRICT JUDGE IN MANGALURU


Caveat petition No. :
BETWEEN,
Mr. Suraj,
S/o Mr. Suresh,
Aged about 40 years,
R/at #1-355/33, Caveat Petitioner/Caveator
Jeppu,
Kankanady,
Mangaluru .

IN THE MATTER OF ESTATE OF LATE MR.


DARSHAN IN P AND SC NO. 605/2023

Mr. Ramesh,
S/o Ramayya
Aged about 45 years, Petitioner
R/at Kakal House,
Kankanady,
Mangaluru,

APPLICATION UNDRE SECTION 284 OF THE INDIAN


SUCCESSION ACT 1945

The caveat petitioner respectfully submits as follows,1


5
1. That the caveat petitioner is absolute owner of the property
bearing survey No.101/10 extending at one acre, situated
Kankanady, Mangaluru taluk, by virtue of a settlement deed
executed by Late Mr. darshan on 01-10-2020 before the sub-
Registrar of Mangaluru.

2. That the subject matter of P&SC No.605/2023 includes the


above said property bearing survey No. 101/10 extending up to
one acre, situated at kankanady, Mangaluru taluk, of which the
caveat petitioner is the absolute owner. Hence, the caveat petition
has got substantial interest in the subject matter of above petition,

3. Therefore, led No. order be passed in the matter of late Mr.


darshan, without notice to the caveat petitioner herein and an
opportunity be given to him to put forth his contention.

4. A copy of this caveat has been sent to the advocate for


petition in probate and succession case No. 605/2023 through
registered Post Acknowledgment due and the post receipt is filed
herewith. A court fee of Rs._____ is apaid thereon.

Mangaluru Signature of the Signature of the


13-12-2023 Advocate caveat Petitioner

VERIFICATION
I the caveat petitioner named herein above do hereby declare that the
facts stated above are true to the best of my knowledge and belief

Mangaluru Signature of the


13-12-2023 Caveat Petitioner

6
4.Plaint for recovery of Money (e1)

IN THE COURT OF THE CIVIL JUDGE IN MANGALURU

Original Suite No. /2023


Between,
Mr. Suresh pai
s/p Suraj Pai,
of age 50 years, Plaintiff
R/at 1#355/33,
Bejai, Mangaluru.

AND

Mr. Yash Shetty,


S/o Shekar Shetty,
Of age 45 years, Defendant
R/at 1-344/44,
Bejai, Mangaluru.

PLAINT FILED UNDER SECTION 26 ORDER VII RULE 1


AND 2 OF CODE OF CIVIL PROCEDURE

The plaintiff named above submit as follows,


1. That the names and address of the plaintiff and defendant
are as stated above in the cause-title for the purpose of all notice
and process of the court.

2. That the defendant named above as borrowed of sum of


Rs.2,00,000/- from plaintiff on 10-03-2023.
3. That on the same day he had executed a promissory note in
favor of the plaintiff agreeing to repay the said amount along with

7
an interest at 10% p.a. within a period of 6 months from the date
of borrowing.

4. That so far, the defendant did not repay the plaintiff to sum
of Rs.2,00,000/-(Rupees two lakhs only) or any part thereof in
spite of repeated demands including a lawyer’s notice dated 20-
11-2023.

5. That the suit is valued at Rs……………. Both for the


purpose of payment of court fees and jurisdiction.
A court fee pf Rs………… is paid thereof,

Therefore, the plaintiff prays for judgment and the decree


on his favor and against the defendant for the following reliefs,
a. Principle amount due Rs. 2,00,000/-
b. Interest thereon from the date of borrowing till 17-12-
2023 Rs……….
c. Further interest of the principle amount from the date of
filing of the suit till the payment.
d. The cost of the plaint and the legal notice sent to the
defendant is Rs.10,000/-

Mangalore
19-12-1-2023 Advocate for Plaintiff Plaintiff

Verification
I the plaintiff named herein above do hereby declare that all the
facts stated above are true to the best of my knowledge and belief.

Mangaluru Plaintiff
19-12-2023
8
List of documents.

1. Copy of the promissory note dated 10-03-2023 executed by


the defendant in favor of the plaintiff.
2. copy of laws notice dated 20-11-2023

Mangaluru Advocate for plaintiff


19-12-2023

9
IN THE COURT OF THE CIVIL JUDGE IN MANGALURU

Original Suite No. /2023


Between,
Mr. Suresh pai --- Plaintiff

And

Mr. Yash Shetty --- Defendant

AFFIDAVIT

I, Mr.Suresh pai, s/o Suraj Pai, of age 50 years, R/at 1#355/33, Bejai,
Mangaluru do hereby solemnly affirm and state as follows,

1. I say that, I am the plaintiff in the above suit and I have instructed
my advocate to prepare the plaint in the above case.

2. I say that, all the facts stated in paragraph 1 to 5 in the above plaint
are all true to the best of my knowledge and belief.

I swear in the name of god that this is my name and this my signature
and the contents of this affidavit are all true and correct.

Identified by me

Deponent

Advocate for complainant

Solemnly affirm before me on this ___ day of (month) (year ), the contents
of this affidavit having been first truly and clearly red over to the deponent
in English a language known to him, who perfectly a[[ears to understand
the ad has signed in my presence

Seal and signature of


the attesting office with date

10
5.I.A for adjournment of suit, supported by the affidavit.

IN THE COURT COURT OF CIVIL JUDGE, JUNIOR


DIVISION IN MANGALORE. D.K.

O.S. No. /2024

Between,
ABC --- plaintiff
Address
And
Xyz
Address --- defendant

I.A No.

Between
Abc --- applicant
And
Xyz --- opponent

APPLICATION UNDER SECTION 151 ORDRE XVII RULE 1


OF THE CIVIL PROCEDURE CODE 1908

For the reasons, stated in the accompanying memo of fats,


the applicant prays that the court may be pleaded to adjourn rhe
trail of the above suit for on week from today.

Date advocate for


Place applicant

11
IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION IN
MANGALORE. D.K.

I.A NO.------
in
O. S No. /2024

Between,
ABC ---- Applicant
And
XYZ --- Opponent

MEMO OF FACTS

1. That the applicant named above has files a suite against the
opponent in O.s No.___ on the file of civil Judge (Jr. Divion)
Mangalore.

2. That the said suit is posted for the trail on __ of ____ 2024.

3. That the applicant named above is unable to attend the court


today on account of the illness. She is suffering from dengue and
she is under a treatment of Dr. _____ of Mangalore. The doctor
has advised her to take complete rest at least for one week.

Therefore it is prayed that the court may be pleased to allow


this application as prayed as prayed for order accordingly.

Date advocate for


Place applicant

12
IN THE COURT OF CIVIL JUDGE, JUNIOR DIVISION IN
MANGALORE. D.K.

I.A No.------
in
O. S No. /2024

Between,

PQR ---- Applicant


And
XYZ --- Opponent

AFFIDAVIT

I, Mr. pqr address, do hereby solemnly affirm and state as


follows,
1. I say that I am the elder brother of the applicant and I know the
facts of the case to some extent.

2. Isay that the above suit is posted for trial this day i.e., (date)

3. I say that my younger sister/ brother i.e., the plaintiff in the above
suit is unable to attend the court today on account of hie/her
illness. He/she is suffering from malaria for the last two days, he
us under the treatment of Dr.-------- and the doctor has advised
him to take complete rest for a period of at least 10 days.

4. I say that the examination of the plaintiff in the above suit is quite
essential.

13
Therefore, it is prayed that the above application may be
allowed as prayed for otherwise, it will be put into the great
hardship and inconvenience

I swear in the name of God that this is my name and this is my


signature and the contents of this affidavit are all true and correct.

Identified by me

deponent

advocate for complainant

Solemnly affirm before me on this ___ day of (month) (year ), the


contents of this affidavit having been first truly and clearly red over
to the deponent in English a language known to him, who perfectly
appears to understand the and has signed in my presence

Seal and signature


of the attesting
office with date

14
6.Eviction petition on ground of self-occupation s. 27 (2) ® K.R
Act 1999 (e2)

IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION)


MANGALORE

HRC No……. /2024

Between,
Abc
Full address ----- Petitioner

And

Mr. xyz
address ----- Respondent

PETITION UNDER SECTION 27(2) ( r) OF KARNATAKA


RENT ACT 1999

The petitioner named here in above respectfully submits as


follows,

1. That the particulars of the petitioner and the respondent are as


stated above in the cause title for the purpose of all notice and
process of this court.

2. That the respondent named above is a monthly tenant under


the petitioner in respect of residential building, which is more
fully described in schedule ‘A” here below. The monthly rent
stipulated is Rs………. And the interest payable on the arrears of
rent is 10% p.a.

15
The tenancy month commences on the first day of every
single month and ends with the last day of that month.

3. That the petitioner along with his wife and 6 children are
residing in a very small house consisting of only 2 rooms. The
children of the petitioner are going to school and college and three
is no separate study room in the house. Besides this the relatives
of the petitioner are also visiting the house very often. The space
available in his house is not at all sufficient to accommodate all
the members of his family.

4. That the respondent has taken this said premises for a short
period and has assured that he would vacate the said premises
within two years. Upon this specific understanding the petitioner
had let out the said premises to the respondent about 2 years ago.

5. That the petitioner has issued a lawyers notice dated on


______ of ______ 2024 calling upon to vacate the said premises.
But the respondent failed to comply with lawful demand of the
petitioner. Hence the petitioner is construed to file the petition
against the respondent.

6. That the petitioner will be put to great hardship and


inconvenience if eviction is not order.

7. A fixed court fee is Rs._____ is paid thereon.

Therefore the petitioner prays that this Hon’ble court may


be pleased to pass an order pf eviction against the respondent
directing him to vacate and surrender the peaceful possession
thereon to the petitioner.

16
Date petitioner advocate for
Place petitioner.

Schedule ‘A’

Description of the premises

Residential building bearing Door No. comprising of__ rooms


situated at Padil, Manglore, with the units of Manglore City
Corporation

Date petitioner advocate for


Place petitioner

Verification

I, the petitioner named above do hereby declare that all the facts
sated above are true and correct to the best of my knowledge

Date
Place petitioner

List of documents

1. A copy of lawyers notice dated _______ to the respondent by the


petitioner

Date advocate for petitioner


Place

17
IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION)
MANGLORE

HRC No……. /2024

Between,
abc ---- Petitioner
And
Xyz --- Respondent

Affidavit

I, Mr. abc, S/o Address… do hereby solemnly affirm and


state as follows,
1. I say that I am the petitioner in the above petition.

2. I say that the above petition was filed by me for termination of


tenancy of the respondent for the reasons stated in paragraph 2 to
6 of the petition.

Therefore, it is prayed that the above application may be


allowed as prayed for otherwise It will be put into the great
hardship and inconvenience

I swear in the name of god that this is my name and this is


my signature and the contents of this affidavit are all true and
correct to the best of my knowledge

Identified by me

Deponent

Advocate for complainant

18
Solemnly affirm before me on this ___ day of (month) (year ), the
contents of this affidavit having been first truly and clearly red
over to the deponent in English a language known to him, who
perfectly a[[ears to understand the ad has signed in my presence

Seal and signature


of the attesting office
with date

19
7.Complaint under 381 of IPC
IN THE COURT OF THE JUDICIAL MAGISTRATE
FIRST CLASS MANGALORE

C.C. No. ..... /2024

BETWEEN
Mr. Ashok Alva,
S/o .................,
Aged about: ..........,
R/at: .....................,
Mangaluru. ................ Complainant

AND

Mr. Sujatha,
C/o Mr. Ashok Alva
Aged about: ..........,
R/at: .....................
Mangaluru. ................. Accused

OFFENCE COMMITTED UNDER SECTION 381 OF THE


INDIAN PENAL CODE 1860

The complainant named above submits as follows:

1. That, the accused was working as a domestic servant in the


same house of the complainant and she was also staying in the
house of the complainant itself.

2. That, all of a sudden after ten months from the house of the
complaint, the accused has disappeared. The whereabouts of
the accused are not known. It was found that the accused has

20
taken away complainants gold chain, two gold ring and a purse
containing rupees one lakh.

3. That, the police complaint was lodged on the same day of the
incident, that is, on 05th January, 2024 and the nearest police
station, that is, Urva Police Station. But so far no useful
purpose has been served by filing a complaint in the police
station and no attempt has been made to initiate a criminal case
against the accused and hence the complainant is constrained
to find this complaint with for this Honorable Court.

Therefore, it is prayed before this Honorable Court that a search


warrant may be issued against the accused and be delt with the
according to Law.

Place: Complainant advocate for Complainant


Date:

21
8. Bail application u/s 436 of Cr.P.c

IN THE COURT OF JUDICIAL MAGISTRATE FIRST


CLASS MANGALORE, DAKSHIN KANNADA

C.C. No. ..../ 2024

BETWEEN,
The State
Represented by
Assistant Public Prosecutor ................. Complainant

AND

Mr. Niraj R.
S/o ..............,
Aged about: ..........,
R/at: .....................,
Mangaluru. ......... Accused

BAIL APPLICATION UNDER SECTION 436 OF CODE


OF CRIMINAL PROCEDURE,1973

The accused named above summits as follows:

1. That, the accused named above was arrested by the police of


Kavoor Police Station on 10th January, 2024 for alleged
offence committed under section 323 and 352 of the IPC.

2. That, the accused is innocent and he has not committed the


offence mentioned above.

22
3. That, the accused is a law abiding citizen and a permanent
resident of Padil, Mangalore.

4. That, the alleged offence mentioned above are bailable.

5. That, the accused has prepared to furnish security for bail

It is therefore prayed that the court may be pleased to release


the accused on bail in the interest of justice.

Place: Signature of the


Date: Advocate for Accused

23

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