19LLB072 DPC Vii
19LLB072 DPC Vii
PROJECT TITLE
DRAFTING
SUBJECT
ROLL: 19LLB072
SEMESTER: VII
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GRAMMARLY REPORT
The Thesis, I submit does not have any grammar mistakes and well researched based on facts of
the subject solely based on my understanding. This Thesis is not plagiarized from any other
authors but cited to support my thesis to give readers a better understanding of the plethora of the
topic.
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Acknowledgement
First and foremost, I have to thank my research supervisor Vijayalakshmi madam. Without her
assistance and dedicated involvement in every step throughout the process, this paper would
have never been accomplished. I would like to thank you very much for your support and
understanding over these past few months.
I would also like to thank my university for nurturing me and contributing to utilize the state of
art library, where I found some really informative books that deal with my thesis. Finally, I
would like to thank my seniors for their guidelines and mental support.
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TABLE OF CONTENTS
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1. NOTICE TO CLAIM MAINTENANCE
REGD.A.D.
SUB: LEGAL NOTICE TO CLAIM MAINTENANCE
To,
Girish
Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client T. Sailaja, resident of D.No: 19-11-
10, Mangapuram Colony, Shivajipalem, Visakhapatnam do hereby serve you with the following
Legal Notice: –
1. That My Client was your legally wedded wife. Your marriage with My Client had been
solemnized at Visakhapatnam on 05/06 / 2006 according to Hindu religion, Vedic rites and
ceremonies in the presence of friends, relatives and family members of both the parties.
2. That you and my client are divorced under Section 13 of Hindu Marriage Act on 21/12/2019.
3. That My Client hereby give you notice that I the undersigned to claim maintenance which you
have agreed to. I require you to complete the same and if you fail to complete the same within
15 days from the date hereof, I shall file a maintenance suit against you under Section 125 of
CrPC with damages and costs.
A copy of this Notice is kept in my office for record and further necessary action and you are
also advised to keep the copy safe as you would be asked to produce in the court.
ADVOCATE
(Sd/-)
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2. SUIT FOR RECOVERY OF PRICE OF THE GOODS SOLD AND DELIVERED
IN THE MATTER OF
Mob: XXXXXXXX98
…………………….PLAINTIFF
VERSUS
Mob: XXXXXXXX65
……………………DEFENDANT
1. The plaintiff carries on business as manufacturer and supplier of textile goods. The
defendant carries on business as dealer in textile goods.
2. By a written contract/purchaser order dated 09-07-2018, the defendant agreed to purchase
from the plaintiff and the plaintiff agreed to sell to the defendant textile goods described
therein, at the rate and on the terms and conditions set out therein. Briefly stated, the
relevant particulars of the aid contract, are as follows:-
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i. The Plaintiff is the owner of Mahalakshmi Textiles, carrying on the business of
sale of cloth at Visakhapatnam.
ii. The defendant wanted to purchase the cloth worth Rs. 4,50,000. The plaintiff and
defendant entered into a contract.
iii. The defendant promised to pay the amount within 3 months from the date of
purchase with interest at 10% per month.
Hereto annexed and marked Exhibit ‘A’ is a copy of the said Purchase Order/Contract
dated 09-07-2018.
3. In pursuance of the said written contract/purchase order, the plaintiff sold and delivered
the above referred goods to the defendant as evidence by the acknowledgment of the
defendant on the delivery challan dated 14-07-2018 bearing the endorsement of the
defendant in token of having received the said goods. Hereto annexed and marked
Exhibit “B” is a copy of the said delivery challan.
4. On 20-07-2018, the plaintiff submitted his invoice no.5637 to the defendant for Rs.
4,50,000/- covering the value of the said goods. The defendant received and accepted the
said invoice. The defendant however failed and neglected to pay the amount payable by
the defendant or any part thereof. The said invoice stipulated that the amount thereof was
payable within 3 months from the date thereof and for delayed payment, interest at 10%
per annum will be charged. The defendant is liable to pay the amount of the said invoice
to the plaintiff for price of the said goods sold and delivered under written
contract/purchase order as aforesaid along with interest thereon at the rate of 10% per
annum, being the agreed rate/reasonable rate of interest under the Sale of Goods Act,
1930 being the rate of interest as stipulated in the said invoice.
5. By his Advocate’s letter dated 20-09-2019, the plaintiff called upon the defendant to pay
the aforesaid amount to the plaintiff immediately on receipt of the said letter. By his
advocate’s letter dated 30-09-2019 the defendant has raised false and frivolvous
contentions for the first time. By the said letter, the defendant contended that the said
goods supplied by the plaintiff were of inferior quality. The defendant had never raised
any dispute about the quality of the goods for more than a year. The defendant has now
raised this contention for the first time in reply to the notice of demand only with a view
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to delaying the payment of the legitimate claim of the plaintiff. The plaintiff has replied
to the said letter of the defendant’s Advocate, by his Advocate’s letter dated 4-10-2019.
Hereto annexed and marked Exhibits ‘C’, ‘D’ and ‘E’ are copies of the aforesaid letters.
6. In the premises aforesaid, a sum of Rs.4,72,500/- is due and payable by the defendant to
the plaintiff inclusive of interest upto date of filing of the suit as per the particulars of
Claim hereto annexed and marked Exhibit ‘F’. The suit transaction is a commercial
transaction. The defendant is also liable to pay further interest on the principal amount of
Rs.4,50,000 at the reasonable rate of interest. The plaintiff says and submits that this
Hon’ble Court be pleased to order and decree the defendant to pay the aforesaid amount
with further interest on the principal amount at the rate of 10% per annum for the period
commencing from the date of the filing of the suit till payment.
7. The suit is filed as summary suit under the provisions of Order XXXVII of the Code of
Civil Procedure 1908 on the basis of written contracts as evidenced by the defendant’s
purchase order and plaintiff’s invoice and delivery challan and that no relief which does
not fall within the ambit of Order XXXVII of the Code of Civil Procedure 1908 has been
claimed herein.
8. For the purpose of Court fees and jurisdiction the plaintiff values his claim in the suit
Rs.5,00,000/-
9. The defendant placed the said order at Visakhapatnam. The plaintiff accepted the said
order at Visakhapatnam. The defendant agreed to pay the price of goods at
Visakhapatnam. The defendant resides at Visakhapatnam. The entire cause of action has
arisen within the jurisdiction of this Court. This Hon’ble Court has jurisdiction to
entertain and try this suit.
10. The plaintiff shall rely upon the documents a list whereof is hereto annexed.
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PRAYER
a) That the defendant be ordered and decreed to pay to the plaintiff the sum of Rs.
4,50,000/- as per particulars of claim annexed hereto and marked Ex. ‘F’ with further
interest of Rs. 22,500/- at the rate of 10% p.a. from the date of filing of the suit till
payment.
PETITIONER ADVOCATE
(Sd/-) (Sd/-)
VERIFICATION
Verified at Visakhapatnam on this the day, 19-03-2020 that the contents of which are true and
correct based on official records. No part of it is false and nothing material has been concealed
therefore.
DEPONENT
(Sd/-)
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Format of affidavit to be filed in Support of Suit for Recovery of Goods sold or purchased
Mob: XXXXXXXX98
…………………….PLAINTIFF
VERSUS
Mob: XXXXXXXX65
……………………DEFENDANT
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AFFIDAVIT
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of
the Petition, which are not being repeated here, for the sake of brevity.
DEPONENT
(Sd/-)
VERIFICATION
I, Apparao, the above named deponent do hereby verify on oath that the contents of the affidavit
above are true to my personal knowledge and nothing material has been concealed or falsely
stated therein.
DEPONENT
(Sd/-)
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3. PETITION FOR RESTITUTION OF CONJUGAL RIGHTS
Marriage as an institution creates a relationship between two partners: the husband and the wife,
which in turn creates more relationships. This connection also gives rise to various sets of rights
and duties. These rights and duties are referred to collectively as "Conjugal rights," and they are
the essence of the marital partnership. The word "Conjugal Rights" literally means "Right to Stay
Together."
It is widely believed that each spouse should be there for the other in difficult times, to soothe
and love the other. However, if one of the partners abandons the other without a legitimate or
adequate explanation, the injured party may seek justice in court. The sole matrimonial remedy
accessible is the restitution of conjugal rights.
The Hindu Marriage Act, 1955 (HMA), Section 9, allows for the restitution of conjugal rights
(RCR). It indicates that if one of the spouses abandons the other without justification, the injured
party has the legal right to apply the marital court for recovery of conjugal rights. Restitution
means that something that has been broken is being restored to its original position; thus, in the
context of marriage, it implies that one of the spouses has withdrawn from the other spouse's
society, i.e. refused to cohabit with the other spouse; under this provision, the aggrieved spouse
can file a Petition for Restitution of Conjugal Rights.
When a spouse is found to be staying away without a reasonable or good reason, and the petition
for recovery of conjugal rights is successful, the pair is forced to be together. As a result, it may
be deduced that section 9 is the marriage-saving provision or section. This remedy was originally
used in England and then implemented by the Indian privy council in a case called Moonshee
Bazloor v. Shamsoonaissa Begum. However, in England, this matrimonial remedy of return of
conjugal rights was abolished in 1970.
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PETITION FOR RESTITUTION OF CONJUGAL RIGHTS
IN THE MATTER OF
……………………. PETITIONER
VERSUS
……………………RESPONDENT
2. That the status and place of residence of the Parties to the marriage before the marriage and at
the time of filing this petition is given as under:
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ii) Place of residence at the time of filing the Petition- Visakhapatnam
3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl
child aged 2 years.
4. That the Petitioner and his wife were living together happily at their house. That on
21-09-2019 the respondent went to her fathers’ house at Vijayanagaram. She gave word to return
within 15 days, but she did not abide by her word and has not returned so far. The Respondent
without any reasonable excuse started living in the house of her father.
5. The petitioner went to his father-in-laws house at Vijayanaram to bring the respondent, a
number of times, but on one pretext or the other, she declined to come along with the petitioner
to his house.
6. That lastly the petitioner went to the house of the respondents’ father at Vijayanagaram on
10-12-2019 and asked the respondent to return with him, but she refused to come.
7. That the respondent deserted the petitioner or/and has withdrawn from his company without
any reasonable or lawful excuse. Hence the necessity for the petition arose.
9. The Petition is being presented without any unnecessary or improper delay on the part of the
Petitioner.
10. There is no other legal ground as to why the decree of restitution of conjugal rights be not
granted in favor of the Petitioner.
11. That no litigation has taken place between the parties to the Petition earlier.
12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was
solemnized at Visakhapaatnam, the parties last resided together at Visakhapatnam and even
presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
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13. That the cause of action accrued to the petitioner against the respondent, within the
jurisdiction of this Court, on 21-09-2019 when the respondent left for her fathers’ house at
Vijayanagaram and it continues to accrue from day to day till the respondent comes back to the
home of the petitioner and resumes his company.
14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may
graciously be pleased to:
PRAYER
That the Petitioner, therefore, prays:
a) for grant of decree for restitution of conjugal rights in favor of Petitioner and against the
respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also
awarded to the petitioner.
PETITIONER ADVOCATE
(Sd/-) (Sd/-)
Place: Visakhapatnam
Date: 06-04-2020
VERIFICATION
I, the above named petitioner, do hereby verify that the contents of this petition in Para No 1 to
Para No 7 are true to my personal knowledge and those in Para No 8 to Para No 14 are believed
by me to be true.
Signed and verified this Friday of 2020 at Visakhapatnam.
PETITIONER
(Sd/-)
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Format of affidavit to be filed in Support of Petition for Restitution of Conjugal Rights
under Section 9 of the Hindu Marriage Act
……………………PETITIONER
VERSUS
…………………….RESPONDENT
AFFIDAVIT
I, Girish, aged 40 years, the Petitioner do solemnly affirm and say as follows:
1. That I am the Petitioner in the accompanying Petitioner under Section 9 of the Hindu Marriage
Act and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of
the Petition, which are not being repeated here, for the sake of brevity.
3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to
move away from the Respondent.
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Signed and verified this Thursday of July 2020 at Visakhapatnam.
DEPONENT
(Sd/-)
VERIFICATION
I, Girish, the above named deponent do hereby verify on oath that the contents of the affidavit
above are true to my personal knowledge and nothing material has been concealed or falsely
stated therein.
DEPONENT
(Sd/-)
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4. WRIT PETITION OF HABEAS CORPUS
The term habeas corpus literally means "body." A writ of habeas corpus is an order to the person
who has imprisoned someone to bring the latter before the court in order to inform the court of
the reason for his confinement and to release him if there are no legal grounds for the
incarceration.
The writ of habeas corpus is essentially a writ of inquiry; it is granted by the courts to determine
the reasons for an individual's imprisonment. As a result, it serves as a procedural shield against
law enforcement agencies, especially their ability to detain.
Furthermore, if appropriate legal reasons for arrest are lacking, the court will order the
individual's immediate release.
The writ of habeas corpus serves as a procedural method by which executive, judicial, or other
governmental constraints on personal liberty are exposed to court review as a key weapon for
defending an individual's freedom against arbitrary and illegal state action.
As a remedy available to those who have lost their personal liberty, the Writ of Habeas Corpus
cannot be used to challenge previous wrongful detentions.
However, the Supreme Court has broadened the scope of this writ, and it now grants
compensation not just for previous wrongful detentions but also for loss of life, like in the case of
Rudul Shah v. State of Bihar.
Personal liberty is such an inalienable right that court declarations have eased the Locus Standi
norm, and as a general rule, the petition will be submitted by the person wrongfully held, but in
rare situations, a friend or any other person can approach the Court on the detainee's behalf.
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WRIT OF HABEAS CORPUS
IN THE MATTER OF
……………………PETITIONER
VERSUS
To,
And his Companion Judges of the Hon’ble High Court of Andhra Pradesh.
1. That the Petitioner is filing the present writ petition under article 226 of the constitution
of India praying inter alia for issuing writ of habeas corpus to respondent no. 1, 2 and 3
thereby quashing the impugned order and directing the release of the petitioner and
granting reasonable compensation to the petitioner.
2. That the petitioner resides in Visakhapatnam and has been a law abiding citizen of India.
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3. That on 19-09-2019, the Petitioner was arrested and detained for a period of 2 months in
the Sub-Jail, Rajahmundry, wherein the Respondent No. 3 is the Superintendent, with an
order passed by the Respondent No.1 dated 15-09-2019 under the National Security Act,
1980. A copy of the order by the Respondent No.1 has been annexed herewith
as Annexure 1.
4. That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner was not
informed about the grounds of his detention by Respondent No. 3.
5. That after Ten days of getting arrested and detained, the Petitioner was informed of his
ground of arrest and detention.
6. The report of the ground of detention was furnished to the Petitioner in English, which is
not understood by the Petitioner.
7. The Petitioner's father is interested in the release of the Petitioner from the detention.
8. That the Petitioners have no other efficacious remedy except to approach this Hon'ble
Court by way of this Petition under Article 226 of the Constitution of India.
9. That the Petitioners have not filed any other petition or preceeding in any preceding court
or tribunal throughout the territory of India regarding the matter.
10. Therefore, the order by Respondent No. 1 dated 15-09-2019, is illegal, arbitrary and with
lack of jurisdiction because of the following grounds given below:-
GROUNDS
That the present Writ Petition is being filed on the following, amongst other, grounds
without prejudice to each other;
a) Because the grounds of detention were furnished to the Petitioner after prolonged
delay.
b) Because the Petitioner's detention is violative of Article 21 of the Indian
Constitution.
c) Because the grounds of detention of the Petitioner was given in English, which is
not comprehensible for the Petitioner.
d) Because he grounds of detention is very arbitrary and vague.
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PRAYER
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble
Court may be pleased to:-
a. Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned
order;
b. Issue an appropriate Writ Directing release of the Petitioner;
c. Issue appropriate Writ granting reasonable compensation to the Petitioner;
d. Any other relief, order or direction this court may deem fit and proper under the facts and
circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL
EVER PRAY.
PETITIONER ADVOCATE
(Sd/-) (Sd/-)
1. Notice of motion
2. Urgent application
3. Court fee
4. Certificate
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition
8. Application for exemption from filing certified copies, dim and small font annexures with
affidavit.
9. Vakalatnama on behalf of the petitioner.
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5. SALE DEED
This sale and purchase agreement is executed at Visakhapatnam on 16-10-2021 by Ms. Madhuri
daughter of Satyanarayana aged about 35 years resident of Visakhapatnam, hereinafter called the
Vendor,
IN FAVOUR OF
Mr. Prabhakar son of Lakshman aged about 40years resident of Visakhapatnam, hereinafter
called the Vendee.
The expression Vendor and Vendee shall means and include their heirs, successors, executors,
administrators and assigns of the respective parties.
Whereas the Vendor is the bona fide owner of the property described below with all rights and
title and has absolute right to sale, alienate the aforesaid property to the Vendee.
Whereas the Vendor has agreed to sale the aforesaid property to the vendee for her bonafide
needs and requirements with fittings and fixtures and the Vendee has agreed to purchase the
same for a sum of Rs.80,00,000/-.
That the consideration amount of mentioned above stands already paid to the vendor as full and
final settlement as stated above prior to execution of this sale and purchase agreement, vendor do
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here by acknowledges the receipt of the same and the vendor do here by sell, conveyed, transfer
and assigns all his rights, title and interest of the above said property under sale unto the vendee.
1. That the vendor hereby assure and declared that he is the conveyance deed holder and is
the sole, absolute, exclusive and rightful owner of the aforesaid property under sale
alongwith freehold rights of the land underneath and he is fully competent and has full
rights and power to sale and transfer the same.
2. The vendor hereby absolutely assigns, conveys and transfers to the Vendee all her rights
of ownership, titles and all interests in the above mentioned property under sale hereby
conveyed under this sale and purchase agreement.
3. The vacant and peaceful possession of the above mentioned property under sale has
already been given to the Vendee by the Vendor, who has occupied the same.
4. The Vendee shall hereinafter hold use, enjoy as he/she likes and to sell, mortgage, lien,
let-out or make additions/alterations or renovations in the same as her own property
without any hindrance, claim or demand whatsoever from the vendor.
5. That the Vendor hereby assures the vendee and declares that he is the sole, absolute,
exclusive and rightful owner of the above mentioned property under sale, and is fully
competent and has full power, absolute authority and unrestricted rights to sell and
transfer the same, and the same is free from all sorts of encumbrances, burden, sale,
mortgage, gift, lien, decree, charges, court injunction orders, stay orders, liability,
transfer, attachment, litigation, legal flaws, dispute, notices, surety, security, notifications,
acquisition etc. and there is no legal defect in the title of the Vendor. If it is proved
otherwise, the Vendor and the property both moveable and immoveable shall be liable to
indemnify the vendee in full or part to the extent of loss sustained by the vendee at the
prevalent market value of the said property at that time with all cost, expenses and
damages, etc. and the vendee shall have full rights to recover the same, alongwith the cost
and expenses of additions, alterations, renovations, modifications, etc. through the court
of law.
6. That the Vendee can get the above mentioned property under sale mutated and
transferred in his/ her own name on the basis of this sale and purchase agreement with the
concerned government department.
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7. That all dues such as house tax, electric and water bills, etc. outstanding, if any, in respect
of the above mentioned property under sale, shall be paid and borne by the Vendor upto
the date of execution/registration of this sale and purchase agreement and later on by the
Vendee.
8. The Vendee has spent all cost of stamp papers and registration fee, etc. for the present
sale and purchase agreement.
9. The Vendor has handed over all the Original documents establishing the chain of title of
the said property.
10. That the Vendee is fully empowered to transfer or get the fresh electric and water
connections in respect of the above mentioned property under sale in his/her own name
after the execution/registration of this sale deed from the respective departments at
his/her own cost and expenses.
11. The Vendee shall maintain the above mentioned property under sale at her own cost and
expenses.
12. That the Vendor, her heirs, successors, executors, administrators, legal representatives
and assignees have been left with no rights, titles or interests in the said property and the
Vendee has become its absolute owner.
In Witness Whereof this sale and purchase agreement is executed at Visakhapatnam on the
day, month and year above written.
VENDOR VENDEEE
(Sd/-) (Sd/-)
WITNESSES
1. (Sd/-)
2. (Sd/-)
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