Question-1

Mr. Ajit invests money in share market though Share broking Firm M/s Abdc Enterprises a
sole trading firm owned by Mr. Sumeet. On 5th August,2018 Mr. Ajit instructed Mr. Sumeet to
sell 200 shares at Rs.550/- each, as per the instruction Mr. Sumeet sold the shares and handed
over a cheque for an amount of Rs. 1,10,000/- dated - August 2018 bearing no. 882345 drawn
on HDFC Bank, Viman nagar, Pune Branch to Mr. Ajit. Mr. Ajit deposited the said cheque
with his bank namely State Bank of India on 10 th August, 2018. On 13th August, 2018, he
learnt that the said cheque has retuned unpaid as there were no sufficient funds to honour the
said cheque in the a/c of Mr. Sumeet. Ajit has approached you on for taking legal action
against Mr. Sumeet, you need to advice Mr. Ajit as to what action can be taken against Mr.
Sumeet. Send a Legal Notice to Mr. Sumeet under the relevant provisions.

Mrs. Asha Latha 16/1 Asha Latha chambers

Karve road, Pune- 411014

Phone Number

Ref No.- 0124 Notice Date-16th August, 2018

(Registered A.D)

To,

Mr. Sumeet Vyas,

M/s Abcd Enterprises,

3rd Floor, A- Block, Trump Towers, Kalyani Nagar,

Pune- 411014, Maharashtra

Sub: - Notice under Section 138 of the Negotiable Instruments Act, 1881 for cheque dishonored
due to insufficient funds.

Dear Sir,
Under the instructions and authority from our client Mr. Ajit Sane in Flat no. 204, E- 201 Rohan
Mithila, New Airport Road Viman Nagar, Pune. We serve you upon the following notice of
demand under section 138 of the Negotiable Instruments Act, 1881.

1) That your business concern Mr. Abcd Enterprises, had been instructed to sell 200 shares
on behalf on my client for rupees 550 each on 5th October, 2018.
2) On sale of the shares above mentioned, you issue two cheques bearing nos. 882345 dated
for 10th August, 2018 for rupees 1,10,000 (55,000 each) drawn on HDFC Bank Pune
branch.
3) That when the aforesaid cheque was presented by our client Mr. Ajit Sane to his bank i.e.
State Bank of India on 10th October, 2018. The same was not returned by your bank with
the remarks/reasons “Insufficient Funds” on 12 th August, 2018. This fact was brought to
your notice by our client vide letter dated 13th August, 2018.
4) That in reply to our client’s letter, you sent a letter dated 14 th August, 2018, requesting
him to deposit the cheque again with banker and assured him that they will be cleared this
time.
5) My client again presented your above mentioned cheque with its bankers, this time again
cheque was returned unpaid by the bank due to insufficient funds.
6) That thereafter in spite of many telephonic conversations and personal visits by the
representative of our client to your office, you failed to make the payment due to our
client.
7) That an account of the above facts, you are liable to be prosecuted under Section 138 of
the Negotiable Instruments Act,1881 as amended up to date which you are liable to be
punished with imprisonment which may extend to one year or with fine which may be
extend to twice the amount of cheque or both.
8) Under the circumstances, we all call upon you to make payment of rupees 1,10,000 being
the principal amount of the aforesaid cheque along with interest at 5% per annum till the
time of actual payment within a period of 15 days from the date of receipt of this notice,
failing which we will be bound to take further necessary action under the provisions of
Negotiable Instruments Act, 1881 against you in the competent Court of law at your risk
and cost.
This is without prejudice to all other legal rights and remedies available to our client for the
above stated purposes.

Kindly take notice

Yours’s Faithfully

Adv. Asha Latha

Date- 16th August, 2018

Note: - A copy of this notice is also being send to you under certificate of posting and
couriers.
 Question-2

Mr. AAA married Ms. BAA in Pune. Both are Hindus married as per the provisions of Hindu
Marriage Act 1955. They lastly resided together at Thane. Mrs. BAA left the company and
cohabitation of AAA on 3rd May 2013 and hence they have been residing separately in
Bandra. They have approached you on 14 th August 2013 and wish to file for Divorce by
Mutual consent before the appropriate court. Advise them on the same.

Petition for obtaining divorce on the ground of mutual consent

In the Court of the Principal Judge, Family Court, Thane

H.M petition No.

Shri AAA

S/o AOA, 26 Years

R/o 20 E/1, Bassien Road,

Thane, Mumbai- 401202………………………………………………………. Petitioner 1

AND

Smt. BAA

D/o BAO, 25 years,

R/o, 36 Kranti Marg,

Thane, Mumbai- 4000036…………………………………………………….... Petitioner 2

Petition for a decree for dissolving marriage by mutual consent under section 13 B of the Hindu
Marriage Act, 1955

The petitioner above named humbly submits as under: -

1) That the Petitioners are husband and wife, their marriage having been solemnised at Pune on
1st April, 2010 according to the Hindu religion, Vedic rights and ceremonies in the Hindu
Marriage Act, 1955.
2) The Petitioners were Hindus by religion before the marriage and rea Hindus after their
marriage and are domiciled in India. Before the marriage, Petitioner 1 was bachelor aged
about 22 years and the Petitioner 2 was a spinster aged about 21 years.
3) That Petitioner 2 prior to her marriage was known by her maiden name as BAA Rao while
there is no change in the name of Petitioner 1.
4) The Petitioners since their marriage lived and co-habited together in their residence at Thane
as husband and Wife for about two years and that out of their wedlock, do not have any
children.
5) That the Petitioners submit that during the recent past, they have realised that their likings,
tastes, attitudes, thinking, aptitude, intellectual capacities, compatibility greatly vary and
differ from each other and it would not be possible for them to continue their marriage
together in the future. That the Petitioners have tried their best to have reconciliation for a
happy domesticity but have unfortunately failed time and again.
6) That the petitioners submit and declare that they last resided together in Thane and have been
living separately since 3rd May, 2017. The period for estrangement has been over 2 years and
hence satisfies the conditions for maintainability under section 23 of the Hindu Marriage Act,
1955.
7) That the petitioners do here by declare and confirm that this petition preferred by them is not
collusive.
8) That had been no proceedings in respect of the marriage in this court or in any other court
before this petition.
9) That the Petitioners submit that they currently reside and last resided together with in the
local limits of the jurisdiction of this court and that hence this Hon’ble court has jurisdiction
to try and decide this petition.
10) That this petition is chargeable with the fixed rate of court fee and the same has been paid
herewith by both parties equitably.
11) The petitioners therefore humbly pray as under: -
a. Their marriage should be dissolved by a decree of divorce without passing any orders
as to costs and maintenance and for
b. Any other order that the court may deem fit in the interest of justice, be passed.

Petition drawn by

Sd/- Sd/- Sd/-

Petitioner’s Advocate Petitioner 1 Petitioner 2

Verification

I, Shri AAA, petitioner 1, above named do hereby solemnly state and declare that the contents of
paragraph 1 to paragraph 10 are true to my own knowledge and the contents of remaining
paragraphs are based on the information supplied to me and I believe the same to be true.

Solemnly affirmed as aforesaid.

At Thane,

Date: - 30/08/2018

Verification

I, Smt. BAA, petitioner 2, above named do hereby solemnly state and declare that the contents of
paragraph 1 to paragraph 10 are true to my knowledge and the contents of remaining paragraphs
are based on the information supplied to me and I believe the same to be true.

Solemnly affirmed as aforesaid.

At Thane,

Date: - 30/08/2018
 Question-3

A start-up company WEB Vigilante Pvt. Ltd. Located in Pune has developed a technology
through which they can track any laptop which is lost or stolen. They are going to offer this
service through their website www.laptoptracer.com at a prescribed fee. Any interested user
needs to provide certain technical specifications of their laptops. Draft the Terms of Service
for this Website as Service Contract.

Service Contract

Logo

This Agreement represents a service level agreement (“SLA” or “Agreement”) made on the 13th
day of October, 2016 at Pune, India for the provisioning of IT tracking services required to trace
and retrieve stole/misplaced laptops via tracking chip and an anti-theft software.

BETWEEN

WEB Vigilante Pvt. Ltd. Having its registered office at 201, Trump Towers, Kalyani Nagar,
Pune, India hereinafter referred to as ‘Service Provider’ which expression shall, unless the
context otherwise requires, include its permitted successors and assignors;

AND

Mr. Sumeet Vyas, age 34, S/o Mr. Akaash Vyas, employed as Chief Architect at Perkins & Ville
Co, residing at 204, E2, Rohan Nithila Apartments, New Airport Road, Viman Nagar, Pune,
India, hereinafter referred to as ‘Customer’.

Each of the parties mentioned above are collectively referred to as the ‘Parties’ and individually
as a ‘Party’.

Whereas-

1. The purpose of this Agreement is to ensure that the proper elements and commitments are
in place to provide consistent product retrieval support and delivering to the customer(s)
by the service provider. The service provider here in, will provide its services through
www.laptoptracker.com.
The goal of this Agreement is to obtain mutual agreement for product retrieval since provision
between the service provider and customer(s).

The objectives of this agreement are: -

- Provide clear reference to service ownership, accountability, roles and/or responsibilities.

- Present a clear, concise and measurable description of service provision to the customer.
- Match perceptions of expected service provision with actual service support and delivery.
2. Periodic Review

This Agreement is valid from the effective date outlined herein and is valid until further
notice. This Agreement should be reviewed at a minimum once per fiscal year; however,
in lieu of a review during any period specified, the current Agreement will remain in
effect.

3. Service Agreement
The following detailed service parameters are the responsibility of the Service Provider
through www.laptoptracker.com in the outgoing support of this Agreement.
3.1. Service Scope

The following services are covered by this Agreement;

- Manned Telephone support with a retrieval specialist at all hours on a special toll free
number.
- Remote assistance using Remote Desktop and a Virtual Private Network where available
- Planned or Emergency Onsite assistance (extra costs apply)
3.2. Customer Requirements

Customer Requirements and/or requirements in support of this Agreement include:

- Installation of Anti-theft chip provided by the service provider

- Installation of Anti-theft software provided by the service provider
- Payment for all support costs at the agreed interval
- Reasonable availability of customer representative(s) when resolving a service related
incident or request.
 3.3. Service Provider Requirements

Service Provider responsibilities and/or requirements in support of this Agreement

include:

- Meeting response time associated with service related incidents.

- Appropriate notification to customers for all scheduled maintenance.
3.4. Service Assumptions

Assumptions related to in-scope services and/or components include

- Changes to services will be communicated and documented to all stakeholders.

4. Warranties
4.1. The execution, delivery and performance of this agreement shall not conflict
with, result in the breach of, constitute a default under or accelerate performance
required by any of the applicable laws or any contract, agreement, arrangement,
understanding, decree or order to which it is a party or by which it or any of the
properties or assets is bound or affected;
4.2. This agreement has been duly executed by it and CARSH HETES its legal, valid
and binding obligation, enforceable against it in accordance with the terms hereof,
and its obligations under the Agreement shall be legally valid, binding and
enforceable obligations against it in accordance with the terms hereof; and its
obligations under this agreement shall be legally valid, binding and enforceable
obligations against it in accordance with the terms hereof;
5. Indemnities
The parties agree to indemnity each other under this agreement in accordance with the
terms and principles set out.

6. Governing and Jurisdiction

The agreement shall be construed and interpreted in accordance with the terms and
principles set out and governed by the laws of India and the court at the state of
 Maharashtra shall have jurisdiction over matters arising out of or relating to this
agreement.

7) Variation

This agreement may only be varied in writing and signed by both parties.

8) Severability
If for any reason whatever, any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
parties shall negotiate in good faith with a view to agreeing to one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable to such invalid, illegal or unenforceable provision failure to agree upon
any such provisions shall not be subject to the dispute resolution procedure set forth
under this agreement or otherwise

9) No Partnership
This agreement shall not be interpreted or construed to create an association, venture, or
partnership between the Parties, or to impose any partnership obligations or labelling
upon either Party and neither party shall have any right, power or authority to enter into
any agreement or undertaking for, or act on behalf of or to act as or be an agent or
representative of, or to otherwise bind, the other party except as expressly provided under
the terms of this agreement.

10) Third Parties

This Agreement is intended solely for the benefit of the parties and their respective
successors and permitted assignee and nothing in this agreement shall be continued to
create any duty to, standard of care with reference to or any liability to, any person not a
PARRY to this agreement.
IN WITNESS WHERE OF THE PARTIES HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED.

For and on behalf of the ‘System Integration’ by:

Ms Kanchan Tejwani

For and on behalf of the buyer by:

Mr. Sumeet Vyas

In the presence of:

1. Mrs. Reshma Nair

2. Mrs. Sandhya Gandhi
 Question-4

ABC Pvt. Ltd. runs the business of manufacturing of automobile spare parts. It has head
office at Mumbai. XYZ and Sons is a registered partnership firm. It runs the business of retail
sale of automobile spare parts at Pune. XYZ and Sons placed a purchase order to ABC Pvt.
Ltd. for supply of spare parts worth Rs. 11,00,000/-. ABC Pvt. Ltd. delivered the goods to XYZ
and Sons at Pune. XYZ and Sons acknowledged the delivery of goods and issued cheque for
payment of purchase price. The said cheque is dishonored. Based on above mentioned
material facts, Draft a Plaint /Suit for Recovery of Money. It is expected that students shall
read relevant law provisions before drafting the plaint. Students may choose other supporting
facts, which will not be in contradiction with given material facts.

Suit for Recovery of Money

IN THE COURT OF DISTRICT JUDGE AT PUNE

CIVIL SUIT NO. ----- 2018

Plaintiff: - M/s ABC Pvt. Ltd.

Defendant: - M/s: - XYZ Pvt. Ltd.

SUIT FOR RECOVERY UNDER ORDER XXXV11 OF THE CODE OF CIVIL P

ROCEDURE, 1908

Sr. No. Annexure Particulars Page No.

1 Annexure-A Copy of Resolution 1-5
2 Annexure-B Copy of Purchase 6-8
order
3 Annexure-C Copy of Bill 9-13
4 Annexure- D Copy of Notice 14-15

Dated: - 18th, October, 2018

COUNSEL FOR PLAINTIFF

 IN THE COURT OF DISTRICT JUDGE AT PUNE

CIVIL SUIT NO. ----- of 2018

(Under Order XXXV11 of the Code of Civil Procedure, 1908)

M/s. ABC Pvt. Ltd

105/A, M.G Road,

Mumbai – 400017

Plaintiff

VERSUS

M/s. XYZ and Sons

302, Avishkar Complex,

Nagar Road,

Pune – 411009

Defendant

SUIT FOR RECOVERY OF RUPEES 11,00,000 ALONGWITH INTEREST

Court Fee Paid – Rupees 26,430/-

RESPECTFULLY SHOWETH:

1) That the plaintiff is a company under the name and style of M/s. ABC Pvt. Ltd. Company
and Mr. Jay Salunke though whom the present suit is being instituted is the Director of
the Plaintiff company and he has been authorized by the Plaintiff vide resolution dated
20th September, 2018 and he is fully competent to engage the counsel sign the
Vakalatnama, plaint, affidavit, applications etc. to depose before this Hon’ble Court and
to do such other acts, deeds and things. The copy of the resolution is enclosed as
Annexure –A.
2) That the Plaintiff is engaged in the business of manufacturing of automobile spare parts.
3) That during the course of business the Plaintiff has supplied spare parts worth rupees
11,00,000 to the defendant. A purchaser order to this effect was received by the Plaintiff
on 25th February, 2018, a copy of which is enclosed as Annexure – B. The Plaintiff did
the job work according to the defendant. During the course of business, the Plaintiff
issues proper bills to the defendant, which were accepted and acknowledge by the
defendant. The copy of the bill is enclosed as Annexure-C.
4) That the defendant issued the Cheque bearing no. 133596 dated 28th July, 2018 for the
sum of rupees, 11,00,000 drawn at State Bank of India, Kalyani Nagar, Pune to the
Plaintiff towards the consideration for the articles purchased from the Plaintiff.
5) That the Plaintiff presented the cheque through his own banker i.e. ICICI bank but the
same was returned unpaid on 7th August, 2018 with the endorsement of insufficiency of
funds in the account of the defendant as per the remarks of the banker of the Defendant.
6) The other necessary particulars are as under for the conveyance of this Hon’ble Court: -
a) Date of Cheque: - 28th July, 2016
b) Date of presentation of Cheque before the Bank: - 30th July, 2016
c) Date of receipt of memo of dishonor of cheque: - 7th August, 2016
d) Date of sending of notice: - 9th August, 2016
(within 30 days from 7th August, 2016)
e) Date of service of Notice- 10th August, 2016
f) Date when the cause of action arose- 25th August, 2016
(15 days after service on 10th August, 2016)
7) That the defendant has apparently issued the cheque without caring to ensure adequate
funds in his account and with the ulterior motive to cheat the plaintiff.
8) That the memo to that affect was duly communicated to the plaintiff by its banker on 7th
August, 2016. A copy of the same is enclosed as Annexure- D.
9) That the said cheque drawn by the defendant on an account maintained by him with the
above banker for payment of the amount of money to the plaintiff from out of that
account was issued for the for the discharge of the above said debt/ Liability.
10) That the said cheque returned by the bank unpaid because of the amount of money
standing to the credit of amount of the defendant is insufficient to honor the cheque or
 that it exceeds amount arranged to be paid from that account by an agreement made with
the book.
11) That the cheque has been presented to the bank within a period of six months from the
date on which it is drawn i.e. on 28th July, 2016.
12) That the plaintiff in due course of the cheque has made a demand for the payment of the
said amount of money by giving a notice in writing to the defendant within statutory
period of 30 days of the receipt of the information by him from the bank regarding the
return of the cheque as unpaid. The said notice was sent on the correct address of the
defendant through a registered AD letter as well as through UPC on 9th August, 2016 and
the said registered letter has been received back with the endorsement “Unclaimed” as is
evident form the endorsement of post office seal on it, which legally is presumed to have
been served as otherwise too, the UPC has not been received back and the same has been
duly delivery to the defendant. A copy of the same is notified in Annexure – E.
13) That the defendant has failed to make the payment of the amount of money to the
plaintiff in due course of the cheque within fifteen days of the receipt of the said notice.
14) That it is pertinent to mention here that the debt/liability for which the cheque was issued
by the defendant to the plaintiff is a legally enforceable debt/liability.
15) That the cause of action accrued to the plaintiff on 4th August, 2016 when the cheque was
dishonored and thereafter on 10th August, 2016 when the legal notice was sent to the
defendant through registered letter and UPC.
16) That the office as well as residence of the defendant is located within the territory of this
Hon’ble Court, hence this Hon’ble court has each and every jurisdiction to try and
entertain the suit.
17) That the value of the suit for the purposes of jurisdiction has been fixed at rupees
11,00,000/- and for the purposes of recovery and correct and authorized court fee stamp
of rupees 26,430 has been affixed on the plaint.
18) It is therefore, most respectfully prayed that: -
a) A decree for recovery to the effect that plaintiff is entitled to recover a sum of rupees
11,00,000/- along with interest @ 18% W.e.f 4th August till the date of the
realization of amount.
b) Cost of this suit, be passed in favor of plaintiff and against the defendants.
 c) Such other reliefs as deemed fit and proper in the facts and circumstances of the case
may also be passed in favor of the plaintiff and against the defendant in the interest of
justice.

AND FOR THIS ACT OF KINDNESS THE HUMBLE PLINTIFF AS IN DUTY BOUND
SHALL EVER PRAY.

PLAINTIFF

Through Counsel

Advocate XYZ

VERIFICATION

I, Jay Salunke, Age 48, Adult, Occupation; - Service Office Address: 4, Privet Drive, Andhin
(East), Mumbai – 40093, state and verify that the contents of paragraph No. 1 to 13 of the plaint
are true and correct to best of my knowledge and paragraphs no. 14 and 16 of the plaint are true
to best of my knowledge and belief.

Pune

Date: - 1/10/2016 Jay Salunke

Authorized representative

of ABC Pvt. Ltd.

 Question-5

Manish a software engineer in Hyderabad and Jacinta (Goa) B. Com graduate got married
under Special Marriage Act. They had a happy married life for 9 years and have two kids, 8-
year-old daughter Jessi and a four-year-old son Jis. Mrs. Jacinta was a housewife. From Jan
2012 due to rift, misunderstandings they started staying separately. Meanwhile Jacinta filed
for a divorce in Goa which is pending before the court. Manish refused to pay her
maintenance. She needs a help to file an application for Maintenance under suitable law.

Application for Maintenance

IN THE COURT OF THE JUDGE, FAMILY COURT, HYDRABAD MARRIAGE PETITION

NO. --/2019

Smt. Jacinta,

D/o Jacques Fernandes,

R/o Gera Appartments,

Panjim, Goa- 403001……………………………………………………………… Petitioner

VERSUS

Shri Manish,

S/o Manoj Sharma,

R/o Falt no. 11 mansi Kripa Society,

Anand Nagar, Hyderabad –

500004…………………………………………………………………….... Respondent

AN APPLICATION FOR MAINTAINANCE PENDENTE LITE AND EXPENSES OF

PROCEEDINGS

The Petitioner above named submits this application of proceedings

The petitioner above named submits this applications, paying to state as follows: -
1. That the Petitioner maintains that the proceedings for divorce v/s Section 28(2) of the Special
Marriage Act, 1954 are pending between the parties before this Hon’ble Court and that this
application for maintenance pendent life is made v/s Section 37 of the said Act.
2. The petitioner also submits that the next day for hearing of the case is fixed for 28 th
December,2016.
3. That the petitioner and the respondent were married for 9 long years and have two children
from their marriage; one 8-year-old daughter Jessi and a four-year-old son Jis.
4. That the petitioner is a B-Com graduate but has been a housewife since marriage, as was
required for the care of the children. The petitioner and Respondent have been living
separately since January 2012, due to severe rifts and misunderstanding and have since filed
for divorce.
5. The petitioner does not own any immoveable property and has no source for income for her
livelihood or the livelihood of their children. That since the petitioner has no independent
income that is sufficient for herself as well as the care and needs of the children, who have
been entrusted to her, she has not been in position to incur the necessary expenses for the
proceedings pending before this case.
6. That the petitioner further submits that the respondent has not made any provision for
maintenance of the petitioner.
7. That the petitioner also submits for the kind of this court that the respondent is working as a
software engineer in Hyderabad with WIPRO Tech Limited and draws a handsome salary
which provides him with sufficient means.
8. That the petitioner also submits that the respondent owns moveable and immoveable property
as mentioned below:

a. Housing property at Mahada Colony, Viman Nagar, Pune and

b. Family property at Jubilee Heights, Hyderabad; amongst others

9. That the petitioner also submits that there are no persons who are dependent on the
respondent as parents passed away a year before their marriage.
10. That the petitioner submits, having taken into consideration the income of the respondent, an
amount of Rs 20,000/- (Rupees twenty thousand only) per month be kindly granted from the
respondent to the petitioner as maintenance pendente lite towards the substance of her
 lifestyle and the care of their children including expenses for schooling and others. Further
that a lump sum of Rs 5000/- (Rupees Five thousand only) be paid to the conduct of the
proceedings pending before this Hon’ble court.
11. That the petitioner also submits that the amount asked for by the petitioner by the submission
of this application towards the maintenance pendent lite and expenses for the proceedings are
just and proper.
12. That the petitioner, therefore, prays that:
A. That the respondent may please be directed and order to pay unto this
petitioner a sum of Rs 20,000/- (Twenty thousand only) per month during the
pendency of these proceedings.
B. The respondent may also please be ordered to pay unto this petitioner a lump
sum of Rs 5000/- (Rupees five thousand only) towards the expenses for the
conduct of the proceedings in the Hon’ble court.
C. Any other order that the court may deem fair and proper in the interest of
Justice may be kindly passed.

Smt. Jacinta

Petitioner

Drawn at: Hyderabad

Dated: 4/09/2016

Advocate for petitioner

Verification

I, Jacinta, the petitioner above named, do hereby state on solemn affirmation that the contents of
this application in paragraphs 1 to 11 are true and correct to the best of my knowledge and belief
and so I have signed here under at Hyderabad this 4th day of October,2014.

Smt. Jacinta
 Petitioner

Question-6

Draft a leave and license agreement based on the following commercial terms. You are
representing the licensor/owner of the premises: -

 Licensor/ Owner: ABC Private Limited

 Licensee: XYZ & Associates, a partnership firm
 Premises: Shop No. 18F, admeasuring approximately 1000 square feet, First Floor,
Plaza Shopping Centre, MG Road, Pune
 Use: Restricted to sale of mobile phones and accessories
 Duration: 4 years
 Lock-in period: -
(i) For the licensor – entire duration of the agreement
(ii) for licensee – 2 years from date of execution
 License fees: Rs. 40,000 per month with a 10% annual escalation.
 Payment of license fees: Payable in advance on the 3rd day of every month
 Interest free security deposit: Rs. 2,00,000 payable as follows (i) 50% on execution and
(ii) balance 50% payable 2 months after execution of the agreement.
 Security deposit to be refunded by the licensor 1 month after termination/expiry of the
agreement, provided peaceful and vacant possession of the premises in handed over to
the Licensor.
 All utility and other charges relating to use of the premises to be paid by the licensee
 Electronic items such as air-conditioner, water cooler, coffee machine and inverter is
provided by the licensor, however, maintenance of these is responsibility of the
licensee.
 Apart from the electronic items, the premises is not furnished, and licensee can make
the interiors as per their requirements.
 Any delayed payments by licensee shall carry an interest of 18% per annum.
 Licensee to indemnify licensor.
 Charges relating to stamp duty and registration to be borne equally by the parties
 Licensee cannot transfer/assign its rights under the agreement.
 All operational licenses (necessary permits, consents and authorizations required by
any authority) to be procured by the licensee, without which licensee shall not be
permitted to commence commercial operations from the premises.
 Any other appropriate representations and warranties may be given by either party.
 Appropriate termination clause may be drafted.
 Leave and License Agreement

This agreement of leave and License made at Pune this the third day of October 2019 between
M/s ABC private limited, a company registered under the companies act,1956 having its offices
at 16,Hare Krishna Mandir road, Model Colony , Pune- 411014, hereinafter called “THE
LICENSOR” (which expression shall unless it be repugnant or contrary to the meaning thereof
shall mean and include its successors in title and assigns) of the ONE PART and XYZ &
associates , a partnership firm , registered under the Indian Partnership Act, 1932 , having
address of 4, Terrace Heights , Happy Colony Pune-411006, hereinafter called “The License”
(which expression shall unless it be repugnant or contrary to the meaning thereof shall mean and
include its successors in title) of the OTHER PART;

WHEREAS: -

(a) The licensor is the absolute owner of the premises bearing shop No. 18F, admeasuring
approximately 1000 square feet, and situate at, first floor, Plaza Shopping Centre, MG
Road and Pune (hereinafter referred to “the solid premises”
(b) The License has approached the Licensor with a request to allow the use and occupation
of the said premises, restricted to sale of mobile phones and accessories, by way of pure
and simple licence to use and occupy the said premises along with fixtures and furniture
lying therein for a period of 4 years commencing from 15 th October,2016 to 15th
October2020. The license shall occupy without claiming any other rights, therein upon
the terms and conditions appearing hereinafter.

IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1) In pursuance of the said agreement, the Licensor hereby grants, the leave and License to
the License to use and occupy the said premises along with fixtures and furniture lying
therein for a period of 4 years commencing from 15 th October 2016 to 15th October,2020.
The locking period of the agreement will be the duration of 4 years for the Licensor and a
period of 2 years from the day of execution for the license.
2) In consideration of the grant of the License to use the said premises as foresaid, the
licence shall pay to the Licensor a license fee at the rate of Rs 40,000/- (Rupees Forty
Thousand Only) per month, payable in advance on or before the 3 rd day of every licensed
 month commencing in the month of October 2016. The license fee is subject to the 10%
annual escalation.
3) In the event of any delay it shall carry interest at 18% p.a in addition to the said monthly
compensation, the license shall on or before execution hereof despite a deposit a sum of
Rs 20,000 (Rupees two lakh only) with the Licensor as interest free security deposit for
due performance of this agreement by the License the security deposit is payable as
follows: -
4) 50% on execution and (ii) balance 50% payable 2 months after execution of the
agreement the said deposit will be returned within one month after termination/expiry of
the said agreement , to the License without interest and after deducting amount, if any ,
payable by the License to the Licensor under this agreement and only on its handing over
the keys of the said premises to the Licensor on expiry of this agreement by efflux of
time or on earlier determination of the License hereby granted the license shall not be
obliged to vacate the premises and pay any compensation for the use thereof until the
return of the deposit.
5) In addition to the payment of the aforesaid licensed fee, the License shall also bear and
pay all utility expenses and other charges relating to use of the premises which include
the actual maintenance charges, taxes, other outgoings and electricity charges in respect
of the Licensed premises. The said amount shall be paid by the License to the Licensor
within a period of seven days from their making demand for the same failing which it
will carry interest at 15% p.a for the delayed period the Licensee shall also bear and pay
all expenses for repairs and maintenance in good tidy condition.
6) The License will be responsible for the maintenance of all electronic items such as air-
conditioner, water cooler, coffee machine and inverter as provided by the Licensor apart
from the electronic items, the premises is not furnished, and Licensee can make the
interiors as per their requirements.
7) Further, the Licensee will be liable to indemnify the Licensor for any damage to the
property according to the reasonable assessment by the Licensor. The License is
expected:
8) To use in a prudent manner, the said premises for the purpose of office only and for no
other purpose whatsoever. The Licensee shall not carry on any illegal activities in the
said premises.
a) Not to damage any of the walls, partition walls, flooring and ceiling of the licensed
premises or any of the Licensor fixtures, fittings and articles therein and to keep the
same in good order and condition.
b) to hold the Licensor responsible or liable for any loss or damage suffered by the
Licensee on account of destruction caused to or in the said premises in the said property
except for willful default or negligence on the part of the Licensor.
c) To make good to the Licensor any loss or damage that may be caused to the said
premises and equipment or apparatus or any other fittings, fixtures, articles of property
of the Licensor therein as a result of negligence on the part of the Licensee, its servants,
employees, agents, customers, visitors and/or person calling at the said premises in
connection with the business of the Licensee.
d) Not to do or permit to be done upon the said premises anything which may be or become
a nuisance to the Licensor or the other occupiers of the said premises or to any of the
neighboring premises or which may prejudicially affect the rights of the Licensor.
e) Not to hold the Licensor responsible or liable for any loss or damage suffered by the
Licensee on account of destruction caused to or in the said premises or to any property
brought by the Licensee in the said premises either by fire, accident, theft or otherwise or
by any act of omission on the part of the occupants of the other premises in the said
property except for willful default or negligence on the part of the Licensor.
f) The leave and License granted hereunder is strictly for the use of the Licensee during the
period of the License period and for its office work only. All operational licenses
(necessary permits, consents and authorizations required by any authority) is to be
procured by the Licensee, without which Licensee shall not be permitted to commence
commercial operations from the premises the charges relating to stamp duty as per
section 36A under schedule 1 of the Bombay stamp Act,1958 and registration as per
section 55 of Maharashtra rent control Act, 1999 is to be borne equally by the parties.
g) Licensee can’t transfer/assign its rights under the agreement. The Licensee shall not
induct any other person in the said licensed premises or any part thereof for any purpose
 it is expressly agreed that the License granted to the Licensee to use the said premises is
purely personal to the Licensee and shall in no case exclude the Licensor or its agents,
servants, representatives etc. from looking after the said premises.

1.) The Licensor shall deliver one set of duplicate keys of the main door of the said
premises to enable the Licensee to enter and use of the said premises. However, the
possession of the said premises physical and judicial along with original set of keys
shall always remain with the Licensor.
2.) The Licensor shall permit the Licensee, its servants and agents against the execution
hereof, to enter the said premises. However, if the Licensee fails to pay the various
amounts to the Licensor as mentioned herein within the stipulated time, the time being
of the essence, the Licensor will have a right to prevent the Licensee, its servants and
agents from entering the said premises for the said purpose notwithstanding the
provisions of this agreement.
3.) The Licensee shall use the Licensed premises with due care and caution and shall keep
the said premises in good order and condition and upon the expiry of this License, the
Licensee shall leave the same in as good condition as they are on the date hereof and
shall make compensation for any damage alone (reasonable wear and tear expected)

4.) The Licensee shall use the Licensed premises as bare Licensee only and such use shall
cease forthwith on efflux of time or upon sooner determination of this leave and
License given to licensee.

5.) In witness whereof, the parties shall hereto have executed this agreement, in duplicate,
the day and year first herein are written
The Common seal of the within named ABC Private Limited, the Licensor, was hereunto affixed
in the presence of

(i) Managing director and

(ii) Director,
And the partners of XYZ and A
(1) Partner
(2) Partner

Further: -

RECEIPT

Received of and from the within named Licensee a sum of Rupees 1,00,000 (rupees one lakh
only) being 50% of the security deposit as mentioned herein above by cheque no. 116926 dated
5th October,2016 drawn on HDFC Bank, Kothrud Branch.

WE SAY RECEIVED

ABC PRIVATE LIMITED

(DIRECTOR/AUTHORISED SIGNATORY)

and in the presence of Witness

1 Ms. Emma Watson

2 Mr. Daniel Radcliffe

 Question-7
Draft of Anticipatory Bail Application in relation to the offence under IPC/Any other Special
Act.
IN THE COURTS OF SESSIONS FOR GR. MUMBAI

ANTICIPATORY BAIL APPLICATION NO________OF 2019

Nitin Bajaj
Age: 48 years
Occupation: Deputy Inspector General
R/o: 121, Konark Campus
Sec 4, Mumbai- 411014
Maharashtra ……………Applicant

v.

State of Maharashtra …………...Respondent

To,
THE HON’BLE PRINCIPAL JUDGE
AND THE OTHER ADDITIONAL JUDGES
OF THE HON’BLE SESSION COURT FOR GREATER MUMBAI

HUMBLE APPLICATION OF THE

APPLICANT ABOVE NAMED

Most respectfully showeth:

1. The applicants are the citizen of India and are entitled to all the fundamental rights under
the constitution of India. The applicants are having the addresses as shown in the same
cause title. The respondent is the State of Maharashtra
2. The facts of the case are as under:
i. The applicant is the Dy. Inspector of Police of Maharashtra state, and has put in 19
years of service and he is a permanent resident of Mumbai. He was awarded a no. of
medals including President’s Police medal for distinguished service, Police medal for
gallantry etc.
ii. That the criminal gang of Latif was very much active in Rajasthan and was involved
in various criminal cases registered in state of Rajasthan, Gujarat and Delhi. Latif
troublesome for the businessmen of Rajasthan.
iii. That as a part of the conspiracy to kill Latif in a fake encounter, accused no.3
approaches his IPS batch mate i.e., the applicant, stating that Latif is a wanted
criminal in Rajasthan and requested his assistance so as to arrest Latif.
iv. That the applicant, based on the representation made by Accused No. 3, approached
Accused No. 2 (herein referred to as GR) to render necessary assistance to Rajasthan
police so as to apprehend Latif.
v. That GR activated his network of informers and on 23/10/2017, he received secret
information from one of his informers that Latif was staying in Sunmark Hotel, Carter
Road, Mumbai under the assumed name of Usman.
vi. The GR informed the applicants and subsequently GR and his team along with the
Rajasthan Police force went to Sunmark Hotel and arrested Latif. He was brought to
Bandra Crime unit and subsequent formalities were completed. Thereafter, Latif was
taken to Jaipur and GR accompanied the Rajasthan Police force till Bhilad check post
in Gujarat subsequent to which he was told that Gujarat Police would take over.
vii. That later it came to the GR’s knowledge and the applicant that Latif was killed in an
encounter during the early hours of 24th near Navsari and this incident came to be
widely publicised by the media, a no. of human rights organizations dubbed the
encounter as fake and a writ petition was filed in the Hon’ble Supreme Court seeking
a CBI investigation.
 viii. That CBI initiated investigation and a lot of arrests were made. CBI also issued press
release stating that they have filed a supplementary charge sheet against Nitin Bajaj
and GR before the court 2nd Addll. CMM (CBI cases), Mazgaon court, Mumbai. GR
came to be arrested on 15th of July, 2017 and was produced before the Magistrate on
the same day.
ix. The applicants apprehend his arrest in connection with the aforementioned and
therefore, the Applicant is hereby approaching this Hon’ble court with prayer of
anticipatory bail, on the following amongst the other grounds which without urged,
without prejudice to one another.

GROUNDS-

a) The applicant has been fully roped into the case and that involvement in the impugned
fake encounters. Moreover, there is no prima facie case against applicant.
b) It is pertinent to note that the applicant was approached by Accused No. 3 and that
applicant found the complaint against Latif to G.R. on the basis of a true and honest
belief that Accused No. 3 representations was true and accurate.
c) It is to be noted that the applicant had no active involvement in the entire case and he
merely acted on instructions of his senior, i.e. GR. The applicant did not take any active
step to initiate conspiracy against him
d) The respondent has failed to prove a case of fake encounter and furthermore had moved
to show the participation of the applicant in the said conspiracy. That it is evident from
the facts of the case that Latif was a wanted criminal and hence arrested on the grounds
of criminal complaints previously filed against him. Hence no offence is made out in the
first place.
e) The petitioner being government servant cannot hide, and if necessary he will co-operate
in CBI. investigation. Moreover, the office is a respectable senior officer having no
criminal antecedents and has received awards for his honest and distinguished services.
f) The applicant undertakes to cooperate with the investigation and will attend the police
station if directed by the Hon’ble court
g) In the light of the judgement of the supreme court in the case of Siddharam Mehta v.
State of Maharashtra, the pause under Section 438 needs to be exercised only in
 exceptional cases where balance has to be stuck. between applicant’s liberty and free/fair
investigation and arrest should be the last option
h) The applicant shall abide by all the terms and condition as may be imposed by this
Hon’ble court.
i) The applicants have not preferred any applications before this Hon’ble court or before
any Hon’ble court touching the subject matter

The applicant therefore prays: -

1. In the event of the arrest of the applicant in connection with MECR NO.----------, the
applicant may be released on bail on such terms and condition as this court may dim fit and
proper.
2. Pending the final hearing and disposal of the present anticipatory bail application, the
interim relief may be granted by directing the respondents not to arrest the applicant
3. Any other further reliefs as the nature and circumstances of the case may require

Dated: 12th October, 2019

(Signature)
Advocate for the Applicant

VERIFICATION
I, Nitin Bajaj, the applicant above named, on solemn affirmation do hereby state declare that
whatever stated in the aforesaid paragraphs of application is true to the best of my knowledge
and beliefs, and I believe the same to the court.

Solemnly affirmed at Bombay

Dated: 12th October, 2018

IDENTIFIED BY ME: BEFORE
ME:

(Signature) (Signature)

Applicants Advocate for the

Applicants

Question-8

Draft a Regular Bail Application in relation to the offence under IPC/Any other Special Act.

IN THE COURT OF THE SESSION JUDGE, MUMBAI

AT MUMBAI

Shri Ganesh Gaikwad,

Age: 34 years
Occupation: Service Police Inspector
R/o Bandra, Mumbai …………………Applicant

v.

State of Maharashtra …………………Respondent

AN APPLICATION FOR THE GRANT OF BAIL U/S 437 OF THE CRIMINAL

PROCEDURE CODE, 1973

The applicant above named submits this application, praying to the state as follows:

1. That the applicant is a respectable law abiding and a decorated officer of the State who has
been falsely implicated in the above case.
2. That the applicant was arrested by the police on 15th October, 2018, in lien of the
supplementary charge sheet filed against him before the 2nd Additional CMM, Mazgaon
Court, Mumbai and sent up for remand to custody in the above case.
3. That the applicant submits that he should please be granted bail as he is absolutely innocent
and the charges levied against him are baseless and concocted by the respondent in response
to the pressures exerted by the political parties and the human rights organizations
4. That the charge sheet is false and there is no offence that is made out against the applicant
because he was not part of the conspiracy that was hatched by the members of the Rajasthan
Police team and was merely fulfilling his duty as guardian of society when he was assisted in
the arrest of gangster Latif.
5. That the applicant is a well-respected resident of Mumbai and has roots in the community
which guarantees the fact that he is not a flight risk nor will he be a threat to witness.
6. That the applicant was in full compliance of the law at the time of arrest at which time he
ensured that there was an entry was made in station diary and an arrest panchnama was
prepared.
7. That the applicant was ordered was ordered by his superiors to accompany the team of
Rajasthan Police in their transit and the purpose of the same was to ensure the safe return of
the team along with the arrest gangster.
8. That the applicant was asked by the Rajasthan tam of Police at Bhilad check-post to return to
Mumbai as the team has entered into the jurisdiction of Gujarat Police and would now seek
their assistance.
9. That the applicant was asked by the Rajasthan Police and thereafter the applicant was not
aware of anything that followed and was shocked to hear the news about the encounter of
Gangster Latif near Navsan.
10. That the applicant submits that he has had good track record in his service and in case the
bail is not granted by this Hon’ble Court to the applicant, he shall suffer irreparable loss and
injury and also shall be subjected to heavy mental trauma and excruciating torture for no
fault on his part.
11. That the applicant respectfully submits that he will obey and abide by the orders and terms
and conditions as may be imposed by this Hon’ble Court and he will not abscond, but on the
contrary extend full co-operation to the police and face the trial to indicate his innocence.
12. That the proper court fees are paid herewith and the applicant is furnishing the bail.
13. That the applicant, therefore, prays that a notice be issued to the State and bail be kindly
granted after hearing the parties.
14. That pass any orders in the interest of justice be kindly issued.

It is therefore prayed that the Court may release the applicant on bail on the terms and conditions
as the Court may deem fit and proper in the facts and circumstances of the case.

Any other order which the court may deem fit and proper in the facts and circumstances of the
case be also passed in favor of the Applicant.

(Signature) (Signature)
Advocate for the Applicant Applicant

VERIFICATION

I, Shri Ganesh Gaikwad, Senior Police Inspector, Detection Crime Branch, Mumbai, resident of
of Bandra, Mumbai, do hereby solemnly affirm that the facts contained in Paragraphs 1 to 14 are
true to the best of my knowledge.

(Signature)

Applicant

Solemnly affirmed by Shri Ganesh Gaikwad on the 11th day of October, 2018 at the Sessions
Court House, Mumbai.
 Question-9

Draft a Franchise Agreement for M/s ABC Confectionery/Pizza House, a Partnership Firm,
intending to Franchise its Confectionery /Pizza House Business to Y Private Limited on the
basis of the following agreed terms and conditions: -

1) Type of Relationship- Exclusive

2) Term- 5 [Five] years
3) Periodic Renewal- 3 [Three] years
4) One Time Franchise Fee- Rs. 5,000,000 [Rupees Five Million Only]
5) Periodic Renewal Fee - Rs. 3,000,000 [Rupees Three Million Only] per year
6) License to use Trademark & Logo- “ABC”
7) Number of Outlets/ Stores- 1 [One]
8) Outlet/ Store Name- ABC Confectionery
9) Outlet/ Store Setup - To be borne by the Franchisee
10) Marketing and Advertisement Cost- Fixed annual marketing cost to be borne by the
Franchisee over and above the annual renewal fee
11) Confectionery Products- To be sourced only from M/s ABC Confectionary
12) Sub-Assignment/ Sub-Franchising - Not Permitted
13) Territory/ Area- Pune City
 This agreement is made at Pune on the 1st day of September,2019 by and between: -

M/S ABC Confectionary, a partnership firm having its principal place of business at Pune, India
(hereinafter referred to as ‘THE FRANCHISOR’)

AND

Y Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its principal
place of business at Pune, India (hereinafter referred to as ‘THE FRANCHISEE’)

WHEREAS

a) The Franchisor has been carrying on confectionary business under the brand name of “ABC
CONFECTIONARY” in India.
b) The Franchisor is a registered owner of trademark/brand ‘ABC’ and the substantive goodwill
and reputation attaching to the said business as referred to above.
c) Pursuant to the discussion between the parties, the Franchisor wishes to appoint the
franchisee as the franchisee and the distributor of the products manufactured by them for the
sale of the products of the confectionary traded by Franchisor under the brand name of ABC.
d) The Franchisee is willing to act as the Franchisee and distributor of the products
manufactured by ABC Confectionary under the brand name of ‘ABC’ in certain parts of
Pune on the specific terms and conditions approaching hereinafter.

IT IS HEREBY AGREED AND RECORDED AS FOLLOWS:

I. TERRITORY-
 1. The Franchisor hereby appoints the Franchisee as it’s Franchisee to sell and promote the sale
of the products under the brand name of ABC in Pune.
2. The relationship between Franchisor and Franchisee shall be solely that of the seller and
buyer and Franchisee shall have no right or authority to create or assume any obligations or
responsibility of any kind in the name of or on behalf of franchisor. Franchisee shall not have
any right to represent Franchisor for any purpose whatsoever unless otherwise agreed to in
writing on a case to case basis.

The Franchisor has granted the Franchisee the license to use the trademark and logo of
‘ABC’ under this agreement.
3. The Franchisee at its own cost will advertise and popularize the product in its local territory
with the approval of Franchisor only to maintain uniformity in the advertisements.
4. The initial period of the present arrangement shall be for a period of 5 (five) years
commencing from 1st September, 2019 and expiring on 31st August, 2024. The Franchisee
will pay to the Franchisor a onetime Franchisee fee of Rs. 50,00,000/- (Rupees Fifty Lakhs
only)
5. On the expiry of the initial period, the parties may periodically renew the Franchise
Agreement for a period of 3 years for which the Franchisee will have to pay the Franchisor a
periodic renewal fee of Rs. 30,00,000/- (rupees thirty lakhs only)
6. The Franchisee will set up a new outlet at The Franchisee shall set up, decorate and furnish
the outlet at its own expenses as per the design and layout provided by the Franchisor.
Franchisee shall put up the ABC name board on its showroom as per the logo provided by
the Franchisor. The Franchisor shall also provide carry bag designs, advertisements,
commercials and logos at the cost of the franchisor.
7. The goods will be exported from ABC confectionary by the Franchisor only. The Franchisee
will place the order at the Franchisor’s principal place of business by making cash payment
at the wholesale prize. the Franchisor may give goods worth Rs. 1,00,000/- on credit for 60
days. In the events of delay, the Franchisee shall pay compensation to the Franchisor in the
form of liquidated damages @15% p.m. on the outstanding amount till payment.
II. PROHIBITION
 1. The Franchisee will at no time make any claims or express any right, title and interest in the
ownership of the trademark and logo ‘ABC’ as the same is exclusively owned by the
Franchisor.
2. The Franchisee will only store and sell the products of the Franchisor only at the ‘ABC
Confectionary’ store located at the Viman Nagar, Pune.
3. The Franchisor has no right of sub assignment or sub franchising under this agreement.
4. The Franchisee will not do any acts, deeds, things, etc., whereby the name and goodwill of
the franchisor is distributed and/or affected and/or degraded in any manner but will always
promptly and diligently take all steps and measures to protect and safeguard the Franchisor’s
said mark/name/brand ‘ABC’ and Franchisor’s goodwill and reputation attached hereto.
III. Franchisee shall regularly furnish reports and information such as sales/inventory, market
conditions and any other available information to the Franchisor. Franchisor shall have the
right to inspect the showroom maintained for the Franchisor’s products by the Franchisee
with regards to the quality of the goods and services provided by the franchisee as also shall
have the right to inspect the relevant books and all other records maintained by the
franchisee.
IV. Franchisee hereby acknowledged that any and all patents, utility models, trademarks, designs
and any other marks used or embodied in the products shall remain the sole property of the
franchisor. Franchisee shall not use directly or indirectly, part or whole franchisor’s patents,
utility models, trademarks, designs and any other marks except in the manner and to the
extent the Franchisee expressly consents in writing.
V. The Franchisor shall have the right to terminate the agreement in the event of there being any
delay in payment or the Franchisee does not maintain adequate stock or does not provide
good after sale services or does not meet the minimum stipulated turnover or if he is found
selling goods not purchased from the franchisor or commits breach of this agreement. The
agreement shall terminate automatically if and when the Franchisor’s does so.
VI. TERMINATION
1. The Franchisee shall as early as possible but not later than 30 days from the date of the
termination, directly or indirectly stop using word/name/mark ‘ABC’ or any other similar
name resembling to ‘ABC’ as to like cause confusion or deception in any manner
including the using of its trade name.
 2. The Franchisee shall accordingly change the name of the outlet.
3. The Franchisee shall withdraw and deliver to the Franchisor all advertising material and
other documentation relating to the business, trademark/mark or the said goods.
VII. In the event of any disputes and differences between the parties the courts at Pune, alone
shall have jurisdiction to try and entertain the same.

This Agreement has been executed on the date set forth herein in two (2) copies of which the
Parties have taken one each.

For M/s ABC Confectionary For Y Private Limited

Authorized Signatory Authorized Signatory
(Partners, M/s ABC Confectionary) (Managing Director, Y Pvt. Ltd.)
Witness I: (Signature) Witness I: (Signature)
 Question-10

Mr. Shekhar Gupta, Bank Manager in the Nationalized Bank working in Delhi purchased a
Laptop in Delhi of Rs- 47000/-manufactured by Zigma Company, Korea on June 1 st 2018 and
gifted to his friend Mr. Rakesh Thanekar, Management and Motivational Trainer at Pune o.
8th June 2018. After one week the laptop was found faulty and was not performing the various
functions due to which he has been unable to prepare his presentations on time and at times
the laptop had crashed during his sessions. Mr. Rakesh repeatedly called to Call center
(Service) for help and also informed Mr Shekhar about the faulty piece of Laptop. Based on
the above facts draft a Consumer Complaint under the Consumer Protection Act 1986.

IN THE HON’BLE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, PUNE

AT PUNE

Complaint No. 481/2018

Shri Rakesh Thanekar

Age: 55 years, Occupation: Services
S/o Shri Chandrankant Thanekar
R/at: A-104, Rosewood Estate,
Kharadi Pune - 411003 …Complainant

Versus

ZIGMA CO. PVT. LTD., KOREA

A co. within the meaning of the Companies Act, 1956
And having a branch office at
11/12, Persistent Business Park, Kailash Nagar
Pune - 411004 …Respondent

Complaint Under Section 12 of the Consumer Protection Act, 1986

The complainant above-named most
RESPECTIFULLY SHOWETH:

INTRODUCTION

That the Complainant is a Management and Motivational Trainer, residing at Pune. The address
for service of communications to the Complainant is as above.

That the Opposite Party is a Private Company headquartered in Korea, but having branch offices
in various parts of India, including Pune and official dealership showroom in Delhi. They are
engaged in the business of electronics, and selling to the public consumer electronic durables.
The address for service of communications to the Opposite Party is as above.

(3) TRANSACTION

That one Mr. Shekhar Gupta, on 1st June 2013, bought a laptop in Delhi manufactured by Zigma
Company, Korea, from their showroom in Karol Bagh, Delhi for a consideration of Rs. 47,000
vide cash memo 98765/2014. A copy of the cash memo is included as Annexure-A. The said
laptop was gifted to the complainant on 8th June 2013, who is the current user. The said laptop
model is Zigma “Elite N4300”, with a 14-inch screen, and is blue in colour.

(4) DEFECT/DEFICIENCY

That the laptop was found faulty and suddenly stopped functioning with no negligence on the
part of the Complainant on 15th June 2013, one week after 8th June 2013. The complainant
immediately reported the matter of the defective good to the Zigma Service Centre, New Delhi
on 9th June 2013 and also to Mr. Shekhar Gupta. The Service Centre however did not respond to
the complaint of the complainant despite repeated calls and there existing a service warranty on
the laptop for one year after the purchase. Thus the complainant had to prefer this complaint.
Copy of the service warranty is included as Annexure-B.

That the complainant is unhappy with the service meted out to him and he stands on very firm
legal ground in claiming relief. This apathetic attitude of the Opposite Party reflects its
indifference to the complainant’s plight.

(5) JURISDICTION
That the Cause of Action arose partly in Pune, which is within the local limits of this Hon’ble
Forum, and thus this Hon’ble Forum has got jurisdiction to entertain this Complaint. Further, the
compensation claimed does not exceed Rs. 20,00,000/-, which is within the pecuniary
jurisdiction of this Hon’ble Forum. The requisite fee of Rs. 100 has been paid herewith.

(6) LIMITATION

That the cause of action to file this complaint arose on 15 th June 2014 when the laptop was found
faulty. Hence the present complaint is within the limitation as prescribed under the Consumer
Protection Act.

(7) PRAYER

It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to: -

i. Direct the opposite party to replace the defective good, and also pay
damages amounting to Rs. 2000 towards the mental agony and actual damages
suffered by the complainant.
ii. Award any other relief (s) which this forum may deem fit and proper under the
circumstances of the case may be passed in favour of the complainant and against the
opposite parties.
iii. Direct that the cost of complaint be awarded.

For which act of kindness, the Complainant shall, as is duty bound, ever pray. 

[Pune] Shri Rakesh Thanekar

Dated : 10th day of September 2014 (Complainant)

[Sambhav Jain]
Advocate, High Court, Mumbai

Verification
I, Rakesh Thankekar, the above-named Complainant, do hereby state and verify that the
contents of Para nos. 1 to 6 of the complaint are true and correct to the best of my
knowledge and belief.

[Pune] Shri Rakesh Thanekar

Dated: 3rd day of October 2014 (Complainant)

Documents enclosed by Complainant:

1) Annexure (A).
2) Annexure (B).
 Question-11

Zukunaki’ a motorbike company of Japan want to enter into Joint venture agreement with a
‘Shakti’ -an Indian Automobile company to promote their business of the motorbikes. Draft
the Joint Venture Agreement.

This JOINT VENTURE AGREEMENT is made and entered into on this 14 th day of September,
2018 in Pune, India by and between:

Shakti, a company registered in India, under the Companies Act, 1956 and having its registered
office at 28, Viman Nagar, Pune, India (hereinafter referred to as the ‘Shakti’) which expression
shall unless repugnant to the context include the party of the First Part’s permitted successors
and assigns

AND

Zukunaki, a company incorporated under the Companies Act, and having its registered office at
11, Cross Road, Japan (hereinafter referred to as the ‘Zukunaki) which expression shall unless
repugnant to the context include the party of the Second Part’s permitted successors and assigns.

WHEREAS the parties are desirous to set up a project to manufacture, distribute and sell
motorbikes in India.

AND WHEREAS, each party understand that the creation under Indian laws of a limited liability
company jointly owned by the parties or their approved associates or nominees will be
instrumental to the accomplishment of their objective.

AND WHEREAS, each party upon agreed ratios, terms and conditions is willing to provide the
required capital, technology, equipment’s, services for the manufacturing of motorbikes in the
JVC so incorporated.

NOW THREFORE, in consideration of the premises and mutual covenants herein contained,
Shakti and Zukunaki, agree as follows:

The parties shall undertake to incorporate and form a JVC to be registered in India under the
Companies Act, 2013 by the name. The registered office of the JVC will also be its headquarters
and will be located at:
1. OBJECTIVE
a. The main objective of the JVC shall be the manufacture and sale of motorbikes in India.
The JVC shall take up any other objects as specified under the Memorandum of
Association and Articles of Association subject to applicable laws, only after having the
consent of both the parties in writing.
2. SHARE CAPITAL
b. The initial authorized capital of the JVC will be Rs.1,00,00,000/- divided into 10,00,000
equity shares of Rs.10/- each. Shakti and Zukunaki have agreed to subscribe to the share
capital of the proposed JVC in the 3:2 proportion i.e., Shakti to take 3,00,000 equity
shares of the aggregate value Rs. 30,000/- and Zukunaki to take 2,00,000 equity shares
of the aggregate value of Rs.20,00,000/-.
c. On addition to the initial subscription mentioned hereinabove, the parties agree to
subscribe to the further issue of share capital of JVC as may be required in the 3:2
proportion i.e., Shakti 60% and Zukunaki 40%.
3. REGISTRATION
d. On signing this agreement, the parties agree to take necessary action for the registration
of the JVC within 30 days hereafter.
4. MANAGEMENT
e. The JVC shall be owned, operated and managed by the parties jointly in accordance with
this agreement and the Memorandum and Articles of Association.
f. The JVC shall have a Board of Directors composed initially of 5 directors, 3 of which
shall be of Shakti’s choice and 2 of Zukunaki.
g. The Chairman of the Board of Directors shall for the first accounting period of the JVC,
be one of the members of the Board of Directors appointed by Shakti and for the
duration of the second accounting period be one of the members appointed by
Zukunaki, where after the parties shall after natively have the right to appoint the
Chairman during the subsequent accounting periods of the company.
h. Parties shall ensure the appointment and termination of directors is done with mutual
consent. In case, any director vacates his office due to any reason, including operation of
law, the party which had appointed such director shall have the right to fill in such
 vacancy by appointment of another director to fill such vacancy and parties shall ensure
the Board fills such vacancies as provided above.
i. All major policy matters of the JVC shall be decided by the Board of Directors of the
JVC. The day to day implementation of the projects and operations shall be controlled
by the meeting of the Board of Directors, normally all the matters should be decided
unanimously. However, in case of difference of opinion matters shall be decided by a
majority of directors present at the meeting. However, following matters shall be
decided only by the affirmative vote of the holders of at least3/4 of the equity shares of
the company, or of, at least one vote in favor from the group of directors appointed by
Zukunaki, it being the intent of the parties that the following matters will not be decided
by the Board of Directors without the consent of at least on director appointed by Shakti
and one by Zukunaki:
i) Amendments of Articles of Association.
ii) Increase of Share Capital of the company.
iii) Terms relating to engagement of Managing Director of the Company.
iv) Declaration of Dividends.
v) Merger of the Company.
vi) Dissolution or winding up of the company or disposition by the company
substantially all of his assets.
5. MEETINGS
j. The Board of Directors shall meet regularly at least four times a year i.e., once in each
quarter.
k. At least 21 days’ prior notice shall be given to all Directors of the Board whether
residing in India or otherwise. Each notice shall set out in sufficient detail, the Agenda
of items to be transacted at each meeting. A meeting may be held at shorter notice if it is
agreed by all the Directors in writing.
l. The quorum necessary for transacting any business or taking any decision of the Board
of Directors shall consist of at least 4 members of whom at least 2 shall have been those
appointed by Shakti and 2 by Zukunaki.
6. CONFIDENTIALITY & NON-COMPETE
 m. It is agreed by the parties that during the term of this agreement, they shall hold in
confidence and shall not disclose to any third party without a mutual agreement any
technical know-how, advice, statistical or other data or information that the parties or the
company may receive or possess.
n. Parties hereto agree and undertake during the term of this agreement not to compete with
each other in India, directly or indirectly of the business of JVC.
7. RECORDS
o. The JVC shall keep true and accurate accounting records of all operations and such
records shall be open for inspection to the parties or to their authorized representatives at
all reasonable times.
8. AUDIT AND FINANCIALS
p. The Auditors of the JVC shall be ____________M/S or such firm of Chartered
Accountants as may be agreed by the parties hereto.
q. The Bankers of the JVC shall be____________having its office at____________, or
such other banks as may be agreed to by the parties hereto.
r. The JVC may offer further shares in the Share Capital of the company to the public only
by written agreement of each of the parties hereto.
s. Parties shall not pledge, hypothecate or cucumber their shares in the JVC except with
the prior consent in writing of the other party.
9. TERM
t. The terms of this agreement shall remain in form until ____________, or so long as the
parties hold the shares in the JVC. In case any party hereto transfers all or any shares to
any other party, then this agreement shall be decided to have been terminated.
10. ARBITRATION & GOVERNING LAW
u. In the event of any dispute arising between the parties in respect of their duties, rights
and obligations under or arising out of this agreement, shall be resolved by arbitration to
be held in accordance with the Indian Arbitration Act.
v. This agreement will be governed and constituted in accordance with the Indian law.

IN WITNESS OF THE WHERE OF THE PARTIES, hereto has put their respective hands and
seal the day and the year first hereinabove written.
SIGNED, SEALED AND DELIVERED

Shakti
Through the hands of (Signature)
In the presence of (Witness)

Zukunaki
Through the hands of (Signature)
In the presence of (Witness)
 Question-12

A lawyer named- founder of the NGO ‘Apna Haq’ came across that the State of- has not
appointed full time protection officer’s u/s 8 0f Domestic Violence Act, 2005 and rules there
under, to provide assistance to the aggrieved woman with respect to the medical examination,
facilitating legal aid, safe shelter, for implementation of court orders etc. However, the State
of …. has given the additional responsibility to other revenue officers who are already
burdened with their work and unable to do the needful to aggrieved women. This has resulted
into violation of various fundamental rights and protections guaranteed by the Constitution of
India. Draft a petition of Public Interest Litigation.

IN THE HIGH COURT OF JURISDICTION AT THE BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO. 123 OF 2016

In the matter of Article 14,15(3) and

21 of the Constitution of India;

AND

In the matter of the Convention on Elimination of all

forms of Discrimination against Women Act, 1989;

AND

In the matter of Vienna Conference,1994;

AND

In the matter of the Beijing Declaration and

the Platform for Action, 1995;

Arpan Singh,
founder of NGO ‘Apna Haq’
having his office at RCG Colony,
near Ashish Theatre, Chembur,
Mumbai~400071 ……………………Petitioner
v.

1) State of Maharashtra
through the Chief Secretary,
having his office at,
Mantralaya, Mumbai-400032

2) Municipal Corporation of Mumbai

having its office at
Municipal Head Office,
Mahapalika Marg, Mumbai-400001
3) The Revenue Office
having his office at
Revenue Head Office,
Mahapalika Marg, Mumbai-400001 ……………………Respondent

To,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES
OF THE HON’BLE HIGH COURT
OF JUDICATURE AT BOMBAY.
THE HUMBLE PETITION OF
THE PETITIONER ABOVE NAMED
Most Respectfully Showeth:

1. The Petitioner is a lawyer and founder of an NGO named ‘Apna Haq’ with a registered office
at RCG Colony, near Ashish Theatre. The petitioner has 30 members in his NGO at present.
 Respondent No. 1 is the State of Maharashtra, Respondent No. 2 is the Municipal
Corporation of Greater Mumbai, a statutory authority incorporated under the provisions of
the Bombay Municipal Corporation Act,1888. Respondent No. 3 is the Revenue officer or
Greater Mumbai who exercises powers and functions under various statutes.
2. In this petition filed in Public Interest, the petitioner is complaining of the inaction on the
part of the Respondents for appointing full time protection officer’s u/s 8, of the Domestic
Violence Act ,2005 to provide assistance to the aggrieved woman with respect to medical
examination, facilitating legal aid, safe shelter for implementation of court orders etc.
However, the State of Maharashtra has given the additional responsibility to other revenue
officers who are already burdened with their work and are unable to do the needful to
aggrieved women.
3. The facts giving rise to this petition are as under:
i. The petitioner is a founder of an NGO named ‘Apna Haq’ which actively fights for
various Human Rights.
ii. In the past few months, while on a project, the petitioner for the first time witnessed the
situation as it was. Several women were aggrieved with respect to the medical
examination, facilitating legal aid, safe shelter, for implementation of court orders, etc.
iii. Respondent No. 1 has not appointed a fulltime protection officer as required U/S 8 of the
Domestic Violence Act,2005.
iv. These women who were previously scared of the result of standing up for their rights,
have finally come out in the open to voice their opinion.
v. However, the failure on part of Respondent No. 1 has resulted in gross violation of the
fundamental rights of these women. Being no officer appointed in charge, justice is not
only delayed but denied.
vi. Further, Respondent No. 1 has given this additional responsibility to Respondent No. 3.
vii. Respondent No. 1 has given the responsibility to other revenue officers who are already
held up with their work and are unable to do the needful to aggrieved women.
4. The petitioner submits that their right to protection against domestic violence must be
safeguard by the State, the same has been enshrined in articles 14,15(3) and 21 of the
Constitution. This is the well settled legal position. As such it is the duty of various
authorities and functionaries of the State to ensure that the Petitioner and other people realise
 this right, which is the most fundamental of rights that should be accorded to every woman of
the State.
The petitioner submits that apart from the Constitution these are various statutory provisions
enacted by the Parliament as well as the State Legislature to ensure that the right to
protection of woman is realised by every Indian. Some of the statutory provisions are set out
below: -
A. CONVENTION ON ELIMINATION ON ALL FORMS OF DISCRIMINATION
AGAINST WOMEN, 1989:
Resolution 1325 and 1820, and CEDAIN share the following agenda on women’s human
rights and gender equality-
i. Demand women’s participation in decision making at all levels.
ii. Rejection of violence against women and it is impeding the advancement of women and
maintains their subordinate status.
iii. Equality of women and men under the law, protection of women and girls through the
rule of law.
iv. Demand security forces and systems to protect women and girls from gender based
violence.
v. Recognition of the fact that distinct experiences and burdens of women and girls come
from systematic discrimination.
vi. Ensure that women’s experiences, needs and perspectives are incorporated into the
political, legal and social decisions that determine the achievement of justice and peace.
B. THE BEIJING DECLARATION &PLATFORM FOR ACTION, 1995

Violence against women is an obstacle to the achievement of the objectives of equality,

development and peace. Violence against women both violates and impairs or nullifies the
enjoyment by women of their human rights and fundamental freedoms. The long standing failure
to protect and promote those rights and freedoms in the case of violence against women in a
matter of concern to all states and should be addressed. Knowledge about it’s caused and
consequences, as well as it’s incidence and measures to combat it, have been greatly expanded
since the Nairabi Conference. In all societies, to a greater or less extent, women and girls are
subjected to physical, sexual and psychological abuse that cuts across lines of income, class and
culture. The low social and economic status of women can be both a cause and consequence of
violence against women.

C. THE VIENNA CONFERENCE, 1994

The key result of the world conference on Human Rights was the Vienna Declaration and
Program of Action, which was formulated late in the meeting and was adopted by consensus of
171 states on 25th June,1993. While one possible interpretation sees this document as a “well-
crafted but empty exhortation “it did come to represent as much of a consensus as could be found
on human rights in the early 1990s and set in fact new marks in human rights work in several
areas.

D. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Section 8: - Appointment of Protection officers

i. The State Government shall be notification, appoint such no. of protection officers in
each district as it may consider necessary and shall also notify the area or areas within a
protection officer shall exercise powers and perform duties conferred on him by or under
this Act.
ii. The Protection officers shall as far as possible be women and shall possess such
qualifications and experience as may be prescribed.
iii. The terms and conditions of service of the Protection officer and the other officer’s sub-
ordinate to him/her shall be such as may be prescribed.
5. In the circumstances aforesaid, the Petitioner says and submits that the inaction/failure on
the part of the Respondents to appoint a full time protection officer is illegal and
unconstitutional on the following amongst other grounds whih are without prejudice to one
another:
GROUNDS
 A. The petitioner submits that by virtue of the various provisions of the Constitution of
India and other statutes, conventions referred to above by the petitioner have the right
to protection against domestic violence.
B. The petitioner says that the respondents have a statutory duty to ensure that the life and
dignity of all women within the state must be preserved. This includes not only the
physical aspect but also mental violence.
C. The petitioner says that the respondents have a duty to appoint a full time protection
officer to ensure the safety and dignity of all women.
6. In the circumstances, the Petitioner says and submits that the Hon’ble Court be pleased to
issue a Writ of Mandamus, or a writ in the nature of Mandamus or any other appropriate writ,
order or direction under Article 226 of the Constitution against the Respondents, directing the
Respondents subordinate officers, servants and agents to take all such steps and actions as
may be necessary.
1) To assist the aggrieved party/person in making the complaint U/S of the Act. If
aggrieved person so desire;
2) To provide information on the rights of aggrieved persons under the act.
3) To prepare a safety plan including measures to prevent further domestic violence to
the aggrieved person after making an assessment of the dangers involved in the
situation and on an application being moved u/s 12.
4) To provide legal aid to the aggrieved person, through the State Legal Aid Services
Authority.
5) To assist the aggrieved person and any child in obtaining medical aid at a medical
facility including providing transportation.
6) To assist in obtaining transportation for the aggrieved person and any child to the
shelter.
7) To provide all possible assistance to ensure that the aggrieved person is not victimized
or pressurized as a consequence of reporting the incidence of domestic violence.
8) To liaise between the aggrieved person or person’s policy and services provider in the
manner provided under the act and these rules.
9) To maintain peace and proper records of the service provider, medical facility and
shelter home in the area of his jurisdiction.
7. The petitioner says and submits that pending hearing and final disposal of the case, the
Hon’ble Court be pleased to issue a mandatory order and injunction ordering and directing
the Respondents, their servants, or agents to take all such steps and actions as may be
necessary.
8. The petitioner submits that until and unless the ad. Interim and interim reliefs in the above
terms and conditions are granted, grave and irreparable harm, loss and injury will be caused
to the petitioner.
9. The petitioner has no alternate remedy. In these circumstances the remedy by way of a writ
and orders prayed for herein will be complete and effective.
10. The petitioner has not filed any other petition relation to the subject matter of the present
petition either in this Hon’ble Court or in any High Court or in the Supreme Court.
11. The Respondents have their offices in Mumbai. The said NGO too is located in Mumbai. The
entire cause of action has arisen in Mumbai.
12. The petitioner has paid a fixed Court fee of Rs. 1000/- on this petition.

THE PETITIONERS, THEREFORE PRAY

a) This Hon’ble Court be pleased to issue a Writ of Mandamus as a Writ in the nature of
Mandamus order, any other appropriate Writ, or directions under Article 226 of the
Constitution against the Respondent, directing them and their subordinate officers, servants
and agents to adopt and take up necessary steps as this Hon’ble court deems fit.
b) Pending the hearing and final disposal of the Petition, this Hon’ble be pleased to issue a
mandatory order and injunction ordering and directing the Respondents, their servants and/or
agents to take all such steps and actions as necessary.
c) for ad-interim relief in terms of proper clause (b)
d) Costs for the petition be provided for.
e) for such further and other writs orders and directions under Article 226 as this Hon’ble Court
may deem fit and proper.

Dated this 12th day of October 2018.

(Signature)
FOUNDER
(Signature)
ADVOCATE FOR THE PETITIONER

VERIFICATION

I, Mr. Arpan Singh, of Mumbai, Indian Inhabitant, being Petitioner No. 3 in the captioned
petition residing at RCG Colony, Near Ashish Theatre, Chembur, Mumbai 400071, do hereby
solemnly declare that what is stated in paragraph 1 to 5 is based on the records maintained by the
Petitioner and what is stated in the remaining paragraph 6 to 12 is stated on information and
belief, and I believe the same to be true.

SOLEMNLY DECLARED AT MUMBAI

THIS 12TH DAY OF OCTOBER, 2018

(SIGNATURE)

FOR APNA HAQ(NGO)

(SIGNATURE)

FOUNDER
(SIGNATURE)

ADVOACTE FOR THE PETITIONER

Question-13

Viren, Rajesh, Amit, Deepak, Raju convicted for a robbery committed at a jewelry shop.
decided to appeal against the District and Sessions Court’s order to the Hon’ble High Court of
the State. Draft an appeal against the District court’s order to High Court.

IN THE HIGH COURT OF BOMBAY AT BOMBAY

Criminal Appeal No. 172 of 2016

1) Viren Jain
Age- 27 years
S/o- Prakash Jain………………………………………………… Appellant 1
2) Rajesh Verma
Age- 26 Years
S/o – Amit Verma………………………………………………. Appellant 2
3) Amit Kumar
Age- 22 years
S/o- Vijay kumar ……………………………………………...... Appellant 3
4) Deepak kumar
Age- 24 Years
S/o – Vijay Kumar………………………………………………. Appellant 4
5) Raju Kumar
Age- 27 Years
 S/o- Vijay Kumar…………………………………………………. Appellant 5

VERSUS
State of Bombay……………………………………………………Respondent

U/S 390 IPC

Criminal Appeal U/S 374 Cr. Pc.

Respected sir,

Humble criminal appeal against the order dated 15th April, 2018 passed by the learned sessions
Court Judge, Justice Sawant in criminal case no. 13/2018 in the State vs. Viren Jain and others
vs. Section 390 of the Indian Penal Code, 1860 convicting the appellants for 10 years of rigorous
imprisonment u/s Section 392 of the Indian Penal Code, 1860. It is preferred for appeals on the
following grounds amongst others.

Appeal against Order of the learned Sessions Judge

7th August, 2018

IN SESSIONS TRIAL NO. 40/2016

To,

The Hon’ble Chief Justice

And Companion Justices

of the Bombay High Court

The Appellants above named most respectfully Showeth: -

1. That this criminal appeal appeal aforesaid arises out of the impugned judgement and
order passed by the sessions court aforesaid and the facts leading up to this appeal are as
follows:

2. That the appellants in this appeal are the accused No.1 being Viren, Accused No.2
Rajesh, Accused No. 3 Amit, Accused No. 4 Deepak and Accused No. 5 Raju who are
alleged to be present at the premises of Balaji Jewels, a Jewellery Store located at Shop
No. 15, Ganpati Chowk Market, Viman Nagar, Pune – 411014 on the night of 11th March,
2017 when there occurred a scene of robbery at the store.

3. The case of the accused persons is that they were not involved in the robbery at the Balaji
Jewels jewellery store and that the entire sequence of events was planned and executed
by one of the rival groups of the accused persons.

4. XYZ, a mutual ally of both the groups i.e. the Appellants and the rival group
communicated via an untraceable mobile phone to Accused No. 1 and told him to come
opposite the jewellery store along with the other Accused, urgently.

5. Sensing distress in XYZ’s tone, accused 1 gathered the other Accused and rushed to the
jewellery store.

6. Upon doing so they saw that the store glass was broken and gold ornaments were
missing. They also saw 3 bikers with bikes, two with passengers and one riding solo,
fleeing away from the scene.

7. As the Appellants, who came in a white Maruti Suzuki Swift Dzire, with number plate
MH 12 CW 9756, started to rush towards their car, and follow the rival gang, they heard
Police sirens and two Police cars rushing in on the street right in front of their car.

8. The policemen asked them to drop any weapons they had and asked them to step out of
the car immediately.
9. They were immediately taken to the nearest Police Station, i.e. Police Station, Viman
Nagar Chowki where they were beaten black and blue without being given a chance for
explanation. The Police accused them of robbery and smuggling the stolen jewels and
jewellery through XYZ, who has been missing since the incident.

10. Since the CCTV camera outside Balaji Jewels was smashed by one of the thieves who
wore a mask, there is no CCTV footage of the entire incident.

11. That it is a fact that the members of the rival group, namely, Shashank, Anmol, Saumay,
Prateik and Gaurav have since not been found in the city.

12. The CCTV camera outside Kapra Kothi, a Cloth Shop in the same market, which is after
4 shops from Balaji Jewels, in the same line, recorded only the car of the Appellants,
since the rival gang came from the opposite direction and left in the opposite direction as
well.

13. There is one ATM at the end of the street, whose guard, being aged, did not comprehend
much out of the entire incident.

14. That it is a fact that whatever was stolen and missing from the jewellery store is yet not
found on or recovered from any of the Accused.

15. That it is a fact that the police do not have any CCTV footage to show that my clients
were at any point of time, that night inside the jewellery store.

16. The Sessions judge without appreciating the same held the accused persons guilty under
section 392 of Indian Penal Code, 1860 and sentenced them to imprisonment.

17. That my clients have been in judicial custody since 13th of March, 2017.
Hence, this appeal.

Grounds of Appeal
 (1) The judgement or order of the learned Sessions Judge is patently wrong and the evidence
proves otherwise.
(2) The conviction and sentence is not maintainable in law and facts on record as _____.

PRAYER
The Appellants above named most respectfully pray that this Hon’ble Court be pleased to: -
a) Acquit the appellant of offences under Section 395 of the Indian Penal Code, 1860.
b) Reverse the judgment of the learned Sessions Judge.

AND FOR THIS ACT OF KINDNESS, THE APPELLANTS AS IN EVER BOUND, SHAL
HUMBLY PRAY
Mumbai Sd/-
7th August, 2018 Adv. of Appellant

VERIFICATION
(Of all the appellants)

We Viren, Rajesh, Amit, Deepak and Raju, the present Appellants, do hereby state on solemn
affirmation that the contents of this petition in paragraphs 1 to 16 are true and correct to the best
of our knowledge and beliefs, and so we have signed hereunder on this 3rd day of October, 2017
at Mumbai.

MR. VIREN KUMAR

(Accused 1) __________________

MR. RAJESH MEHTANI

(Accused 2) __________________
 MR. AMIT SANA
(Accused 3) __________________

MR. DEEPAK TIJORI

(Accused 4) __________________

MR. RAJU SRIVASTAVA

(Accused 5) __________________

Question-14

A Petitioner –Mr. a Civil Engineer from married to Miss- from with the help of marriage
bureau located at-. After few months both were invited at the residence of parents of wife (in
laws residence) in another district. Throughout a day he was taken at various places to show
her father’s properties, estates, power and so on. In the evening he asked about his wife and to
his surprise he was surrounded and beaten by his in-laws and few more people threatened him
by asking him ‘to forget her and do not return to ask about her otherwise be ready to face dire
consequences’. They illegally detained her and did not allow her to meet and speak to him. He
went to police station to seek their help to release his wife from unlawful detention and to
conduct his medical examination as he has received various injuries but nothing is being done
by the police. He also approached various higher police authorities, showed them the
marriage certificate, photos etc. who kept on giving him assurances but no positive steps were
undertaken. One of the villager informed to him that her (wife’s) parents are going to send
her to her elder sister’s place in another country. After using various legal measures yielding
no results he decided to file a petition in the Hon'ble High Court for a Writ of Habeas Corpus.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Criminal Writ Petition No. ____/2018

Kamal Sharma
Age: 32 years
Occupation: Civil Engineer
R/o: 37, Jawahar Road
Mumbai, 400001 ……………. Petitioner

v.

1. State of Maharashtra
Through the Principal Secretary
Dept. of Home, Govt. of Maharashtra

2. The Superintendent of Police

Worli Naka Police Station
Ganpatraao Kadam Marg
Worli, Mumbai- 400018

3. The Station House Officer

Sai Nath Nagar Police Station
Pathardi Road, Nashik District
Maharashtra- 412342

4. Mr. Raman Lal

Aged: 52 years
R/o Gopal Park,
Nashik District, Maharashtra- 402342

5. Mr. Chandan Lal

Age: 29 years,
R/o 52 Gopal Park, Nasik
Maharashtra- 402342

6. Mrs. Sita Devi

Age: 28 years
W/o: Kamal Sharma
R/o: Gopal Park,
Nashik- 402342 ………………Respondent

IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA

To,
The Hon’ble Chief Justice and his companion Judges of Hon’ble High Court of Maharashtra at
Bombay.

The humble petitioner most respectfully begs to submit as under:

1. That the Petitioner is an Indian citizen and thus able to file the petition u/s 226.
2. That the Petitioner, Kamal Sharma, married Sita Devi, Respondent No. 6, on 6 th
September, 2018 at Bombay as per Hindu rites and rituals.
3. That the marriage was solemnized by taking aid and assistance of the marriage bureau
located in South Mumbai, Mumbai- 400012.
4. That the Petitioner on 7th September, 2018, and his wife were invited to the in-law’s
house of the Petitioner at Nashik and was taken around the village showcasing the
properties of the father-in-law of the Petitioner.
5. That in the evening when the Petitioner reached the house of his in-laws and enquired
about his wife, the Petitioner was all-surrounded by and beaten up by his in-laws.
6. That the Petitioner was warned not to make further enquires about his wife, else he will
face consequences.
7. That the Petitioner decided to lodge a FIR in the nearby Police Station however on
account of the influence of the in-laws of the Petitioner the authorities refused to file the
FIR.
8. That the Petitioner decided to approach higher authorities too but to no avail since, no
adequate action was taken by the police.
9. That the present petition is filed seeking a Writ of Habeas Corpus to be issued, directing
the Respondent No. 1 to 5 to produce before him/this Hon’ble Court, Smt. Sita Devi,
who has been illegally detained by Respondent No. 4 and 5 at Nashik.
10. That it has also came to the knowledge of the Petitioner that, his wife is to be sent to
some other country where, the sister of the Petitioner’s wife resides.

GROUNDS

i. That the wife of the Petitioner has been detained illegally and that he has been denied the
company as a consequence.
ii. That the wife of the Petitioner is wrongfully confined as per Section 340 of IPC.
 iii. That the Petitioner was not provided with legal help and due procedure of law as not
followed by the authorities in seeking the release of the lawfully wedded wife of the
Petitioner. The marriage certificate of the said marriage is annexed and marked as
Annexure P-1.
iv. Because the Petitioner was brutally consulted and threatened to death by the Respondent
4 and 5.
v. Because the Petitioner has no other remedy but to file this petition in order to get his wife
released.

PRAYER

It is therefore most humbly prayed that this Hon’ble Court may graciously be pleased to accept
this petition and further be pleased to direct:

1. That the wife of the Petitioner be freed from illegal detention by the Petitioner’ s in laws.
2. That the criminal proceedings be initiated against the in laws of the Petitioners and
appropriate action be taken against the concerned authorities.

AND/OR

Pass any other order which the Court deem fit and prefer in the interest of Justice, Equity and
Good Conscience.
(Signature)
Kamal Sharma
Humble Petitioner

Through Counsel
(Signature)
Ram Singh
Advocate

VERIFICATION
I, Kamal Sharma, S/o Shri Sumeet Sharma, Aged: 32 years do hereby solemnly affirm as
follows:
1. I am the petitioner in the instance case and knows the facts of the same.
2. The statements made in the said petition are true to the best of my knowledge and belief.
3. I sign this on 25th September, 2018 at Mumbai.

(Signature)

DEPONENT Dated: 25th September, 2018

Question-15

Mr. X, Y, Z has been convicted by the lower court on the charges of causing death of the
deceased named………and grievous hurt to named…….by using deadly weapons. The
learned High Court confirmed the punishment of Mr. X and acquitted the rest of two- Mr. Y
and Z. According to petitioner the lower court and High Court have erred in convicting Mr. X
merely on the testimony of highly interested witnesses and the order is impugned, erroneous
and void. The High Court would have considered the role of petitioner and would have
applied rule of Parity with other appellants before this High Court. Draft a Special Leave
Petition (SLP) to be filed in the Supreme Court of India.

SPECIAL LEAVE PETITION

IN THE SUPREME COURT OF INDIA

(CRIMINAL APPELLATE JURISDICTION)

SPECIAL LEAVE PETITION (CRL) NO. 414 OF 2018

(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA, 1950)

(Arising out of the impugned judgment and final order dated 27th September, 2018 passed by the
Hon’ble High Court of Judicature at Mumbai in Criminal Misc. Third Application No. 543 Of
2018 Misc. Crl. Case No. 2017 of 2018)

BETWEEN:

MR. X
AGE: 32 YEARS
S/O MR. W
R/O 302/A, AMARCHAND APARTMENTS
BORIWALI WEST, MUMBAI - 400021 …….………...Petitioner
v

State of Maharashtra and Ors. ..……….…Respondent

In the matter of:

PETITION FOR SPECIAL LEAVE TO APPEAL AGAINST THE JUDGEMENT AND

FINAL ORDER DATED 27TH SEPTEMBER, 2018 PASSED BY THE HON’BLE HIGH
COURT OF JUDICATURE IN MUMBAI IN CRIMINAL MISC. THIRD APPLICATION
NO. 543 OF 2018 IN CRIMINAL APPEAL NO. 2017 OF 2018

To.

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA

The humble application of the applicant/petitioner above named most respectfully showeth:

By this Petition under Art. 136 of the Constitution of India Special Leave to Appeal is sought
against the final judgment and order dated 27 th September, 2018 passed by the Hon’ble Court of
Judicature at Mumbai in Miscellaneous Criminal Case No. 2017 of 2018 wherein the appeal filed
by the applicant was dismissed and the accused was convicted for the murder of one Mr. Rohit
Dhawan, under S.300 and 302 of Indian Penal Code, 1860 and causing grievous hurt to one Mr.
Karan Singha, under S. 326 of Indian Penal Code, 1860.
1. Brief Facts for filling of the present Petition are as under:
1. The petitioner Mr. X, s/o Mr. W r/o 302/A, Amarchand Apartments Boriwali West,
Mumbai - 400021 is a resident of Mumbai, who runs a small enterprise in Dadar.
2. The petitioner, Accused No.3, is an old friend of Mr. Y, the Accused No.2, and an
acquaintance of Mr. Z, Accused No. 1.

3. The petitioner comes from a dignified middle class family and has made a decent name
for himself in the locality where he works. Mr. Z, however, is the son of a local political
leader who has considerable influence in the city. Mr. Y is Mr. Z’s cousin brother who
became friends with the petitioner in school.
4. The deceased Mr. Rohit Dhawan and Mr Karan Singha were partners in a flourishing
textile business and had sought to attract revenue by offering Mr. Z partnership. Mr. Z
being inexperienced struck a bargain without any due diligence on his part.
5. The partners having exploited Mr. Z, did not hold their end of the bargain.
6. The petitioner on the night of the alleged incident received a phone call from Mr. Y
requesting the former to meet him at Mr. Z’s house.
7. The petitioner, having so obliged, reached Mr. Z’s residence, whereupon, he found the
dead body of Mr. Rohit Dhawan and saw Mr. Y gaging Mr. Karan Singha and an enraged
Mr. Z stabbing him in his stomach and shoulder.
8. In the belief that Mr. Rohit Dhawan was dead, the two siblings handed the petitioner the
knife used for the murder while stabbing the other and asked him to help burn the bodies
and other evidences.
9. At the same time, the police learnt about the events from a local informant.
i. While the petitioner was yet recovering from the shocking incident he had
witnessed, all of a sudden he heard the police barge in through the door. Having
panicked the petitioner ran with the knife in his hands.
ii. The police apprehended all the accused and trial was initiated and evidence framing
the petitioner were brought forward.
iii. Accused No. 1 and 2, with the help of the former’s father’s influence were able to
manipulate evidence and create alibi.
iv. The police investigation was conducted in a faulty manner
 v. The High Court on the basis of insufficient evidence acquitted the two accused and
convicted the petitioner on circumstantial grounds.
vi. It was argued by the petitioner that the witnesses that testified in favour of Accused 1
& 2’s acquittal are parties that are highly interested in the present case and their
testimony should not be relied upon.
2. GROUND
A. Because the applicant is innocent and has been falsely implicated the police and
others have been systematically harassing him and his family.
B. Because the entire case is misrepresented and is based on circumstantial evidence of
the petitioner being witnessed by the police while just holding the knife, the petitioner
should be acquitted as there was no motive in the present instance. Even though
motive is not important, however, it has been held in Wakkar v. State of U.P (2011) 3
SCC 306, that in cases based on circumstantial evidence motive is important.
C. Because the testimonies that secured the acquittal of the Accused 1 & 2 were given
by parties that have a vested interest in the case as their concerns shall be affected if
the said accused were convicted. One of the witness being the father of Mr. Z, who is
a political leader, his reputation will be severely affected if his son were to be
convicted.
D. Because grant of the petition is the privilege of the Hon’ble Court, it is asserted that
there exists substantial question of law in the above case.
3. PRAYER
The Petitioner, therefore, most respectfully prays that this Hon’ble Court may be pleased
to:
a) grant special leave to appeal to the Petitioner against the Final Judgment and
order dated 27th September, 2018 passed by the Hon’ble High Court of Judicature
at Mumbai in Misc. Cri. C 2017 of 2018.
b) pass any such order or further order as this Hon’ble Court may deem fit in the
interest of Justice, Equity and Good Conscience.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY
 (Signature)
PETITIONER

(Signature)
ADVOCATE FOR THE PETITIONER

Question-16

Mr. Aditya from Mumbai intends to buy a open piece of non- agricultural land admeasuring
5000 sq ft located at Koregaon Park, from two brothers Mr. Rakesh and Mr. Mukesh Pune.
Mr. Aditya approached to a lawyer to issue the public notice to ensure the clear title. In the
light of above facts Draft a Public Notice to be published in the newspaper.

Public Notice

This is to bring to your notice that vendors Mr. Rakesh and Mr. Mukesh are intending to sell and
our client Mr. Aditya of Mumbai is intending to purchase the property more particularly
described in the schedule as under free from encumbrances. Any person having any claim or
right in respect of the said property by way of inheritance, share, purchase, mortgage, lien,
inheritance, possession, hypothecation, tenancy, transfer of title or any other beneficial interest
under any trust right of prescription or under any agreement or any decree or award otherwise
claiming, Howsoever are hereby requested to make the same known in writing together with
supporting documents to the undersigned at their office at C-3 Flat number 11 Rohan Mithila
Viman Nagar, within 14 days of the date of publication of the notice and failure of which will
lead to the completion of the transaction without the mention of the claim and if any claim then
the claim is considered to be waived/Abandoned and is not enforceable against our client.

Schedule as referred to above:

Land bearing gat no – 10/2

Total extent – 5000 Square Foot

Place- Koregaon Park

District- Pune

State- Maharashtra

Boundaries- India

Towards East- Remaining portion of gat no 10/2

Towards West- Main Road

Towards South- gat no 11/2, open land

Dated this 10th September, 2018

ADVOCATE FOR THE INTENDING PURCHASER

Arvind Singh Jalmeria

C-3 Flat no 11

New Airport Road, Rohan Mithila, Viman Nagar

Pune, Maharashtra.
 Question-17

Mr. Manish Shah an elder brother wants to authorize his brother Mr. Bhavesh by giving
power of attorney to appear in the court of law for court proceedings in the matter of disputed
joint property in a dispute contested by their other relatives. Draft a power of attorney.

Power of Attorney

To All of whom, these presents shall come, I Manish Shah of Mumbai send Greetings

Whereas,

1) Mr. Manish shah, shall appoint some fit and proper person to carry on acts for me and
manage all my affairs.
2) I nominate, constitute and appoint my brother, Mr. Bhavesh Shah as my true and
Lawfully appointed attorney (herein after called as the Attorney) to act for me in the
court of law for court proceedings in the matter of disputed joint property.

NOW THIS PRESENT WITNESSETH AS FOLLOWS: -

 1) The attorney shall handle all the affairs with regard to court proceedings in the matter of
disputed joint property.
2) All the filings of applicants and suits in the court of law.
3) All the appearances in the court proceedings.
4) All the costs, expenses and fess with regard to court proceedings.
5) The fess to be paid to the lawyer appointed.
And I, Mr. Manish Shah undertake to ratify all the acts of the attorney or any agent
appointed by him.
IN WITNESS WHEREOF, I set and subscribe my hand on this 6th October, 2018.
……………..
Signed and Delivered by within named.
Mr. Jignesh Shah above named in the presence of: -
1) …………………... Mr. ABC
2) ……………………Mr. XYZ
3)

Question-18

Mr. A gave Rs- 5 lacs (out of Rs 13 lacs) partly in cash and partly by cheque as an advance
amount to Mr. B by written instrument agreement on a stamp paper and signing Transfer
form against purchase of heavy Transport vehicle and to pay remaining after vehicle loan
have been sanctioned in a month. Mr. B refused after one and half month to deliver the
vehicle due to high price offered by other Mr. C and Mr. A being little late to complete the
transaction. Mr. A got various dependent works and he relied on the same purchase
agreement of the vehicle.

A Prayer Clause in the Suit for Specific performance of the contract.

The plaintiff therefore prays that: -

1) The Hon’ble Court be pleased to order the defendant to transfer the ownership of the
heavy transport vehicle described above to the plaintiff by way of a registered written
instrument,
 2) The Hon’ble Court be pleased to order the defendant to pay damages of the amount of
Rupees 5 Lakh {Rupees Five Lakh Only} to the plaintiff and
3) The Hon’ble Court be pleased to order, the defendant to pay the plaintiff’s costs of suit.

Plaintiff’s Advocate Plaintiff

(Advocate Sobesh Kumar) (Mr. A)

Question-19

Mr. X a civil (road) contractor resident of Pune and Mrs. XY B. Com graduate from (…
place) got married as per Hindu rituals with the help of marriage bureau on 1st Jan 2010 in
Pune. In April 2011 Mrs. XY got selected for the post of bank clerk in the bank located in
Pune. The husband and her in- laws saw her many times with her male colleague working in
the same branch escorting her to the bus stop. Her husband and her in -laws started harassing
her on the suspicion on her character and beaten her many times. This is being repeated
many times; she informed to her family members who conducted meetings after meetings to
satisfy on their mere suspicion and baseless allegations but proved in vain. Meanwhile a
complaint for domestic violence is being lodged for the protection order. Now she wants to live
with her parents and seek the divorce. Draft a Petition on behalf of Mrs. XY (Wife) for
Divorce (contested).
 Petition for Divorce

In the Court of Pune

M.J NO 23 OF 2016

Mrs. XY,

E-204, Rohan Mithila,

New Airport Road,

Viman Nagar, Pune- 411014………………………………………………………(Petitioner)

VERSUS

Mr. X

E-204, Rohan Mithila,

New Airport Road,

Viman Nagar, Pune-

411014……………………………………………………………………………(Respondent)

Petition for divorce under section 13

The Petitioner respectfully submits as under: -

1) That the petitioner Mr. X, is a civil road contractor of Pune and Mrs. XY, a B. Com
graduate from St. Xavier’s, Mumbai.
2) That Mr. X of 28 years and Mrs. XY of 22 years got married on 1st January, 2010 in Pune
as per the Hindu rituals.
3) That in April 2011, Mrs. XY got selected for the post of bank clerk in the bank located at
Pune.
4) That Mr. X and his parents saw Mrs. XY many times with her male peers working in the
same branch escorting her to the bus stop.
 5) That Mr. X and his parents started beating up Mrs. XY and harassing her on the suspicion
of her character.
6) That Mrs. XY informed her family members who conducted meetings after meetings to
satisfy on their mere suspicion and baseless allegations but proved in vain.
7) That meanwhile a complaint was for Domestic Violence is being lodged for the
Prosecution Order.
8) That no petition has been filed previously neither before this Court nor any other Court.
9) That this Court has the jurisdiction to try and entertain this suit.
10) Therefore, it is prayed that the Hon’ble Court grants the petition for divorce and award
any other costs as it deems fit in the interest of justice.

[Adv. Mukesh Kumar] [Mrs. XY]

VERIFICATION

I, Mrs. XY, residing at Pune, Indian Inhabitant being the petitioner do hereby solemnly declare
that what is stated in paragraphs 1 to 9 is stated on my belief to be true.

[MRS. XY]

Question-20

Fifty residents of Laxmi co-operative housing society (30 yr. old) located at Prabhat road,
Pune passed a resolution in the annual general body meeting to demolish the old building to
re-develop by re-construction of the building with additional FSI to build new flats, shops
along with other amenities. A proposal of BK Builder and Developers at out of many
applicants is considered for a contract of re-development agreement. Draft a (Re)
Development agreement between BK Developers and residents of Laxmi Society.

Development Agreement
This Development Agreement made at Pune on this 6th October, 2018 BETWEEN Laxmi
Cooperative Housing Society, a Cooperative Housing Society registered under Maharashtra
Cooperative Societies Act, 1960 [Herein called as the “Society”]

AND

B. K Builders, a Company registered under The Companies Act, 1956 and registered at E-24,
204, Rohan Mithila, Viman Nagar, Pune-411014 [Herein referred as the “Developer”]

WHEREAS: -

1) The society is well and sufficiently entitled to the entire property situated at Pune more
particularly described in the Schedule 1.
2) The society is 30 years old and the building is decapitated.
3) The society is desirous to demolish the existing structure and develop a new society on
the said property and wants it to be redeveloped by B.K Builders.
4) B.K Builders has handled many developmental projects and is a reputed company and
has agreed to develop the society.
5) The Developer submitted a proposal for the redevelopment to the society.
6) The society passed a resolution in the annual general meeting to accept the proposal to
redevelop by reconstruction of the building with additional FSI to build new flats, shops
along with other amenities.

NOW THIS DEED WITNESSETH AS FOLLOWS: -

1) The Developer has agreed to redevelop the housing society and the society has agreed to
transfer the property for redevelopment by obtaining transfer of Development rights and
in consideration for temporary habilitation of the present tenements and payment of sum
of Rupees 1,00,000 to each tenement as given in schedule 2.
2) The Developer will obtain all the sanctions and approvals in the name of the society.
3) The Developer will at its own expense and costs redevelop the society.
4) The Developer will not encumber the developed property.
 5) The redeveloped property will be distributed to the current tenants and surplus property
will be offered to the third party.
6) The car parking spaces will mutually decided by the members of the society.
7) The Developer will transfer the possession of the Property to the society after the
redevelopment is completed.

SCHEDULE 1

Land bearing Gat no. 10/2

Total Extent: - 20 Hectares

Village: - Pirangat

District: - Pune

BOUNDARIES: -

Towards East: - Remaining portion of gat no 10/2

Towards West: - Main Road

Towards South: - Gat no 11/2, SIP Public School

Towards North- Open Land

SCHEDULE 2

Sr. Name of the Tenant Carpet Sq. ft.

1. Mr. A 120
2. Mr. B 210
3. Mr. C 200
 4. Mr. D 180
5. Mr. E 240
6. Mr. F 300
7. Mr. G 180

IN WITNESS HEREOF, the parties have set and subscribed their respective hands on this day
and year first herein above written.

Signed and Delivered by with named Laxmi Cooperative Housing Society above named society
in the presence of: -

1) ……………….. Mr. SUKU KUMAR

2) ………………...Mr. KESHAV SARKAR

Signed and Delivered by with named B.K. Builders, above named Developer in the presence of:
-

1) ……………….. Mrs. SAKASHI SHARMA

2) ………………...Mr. KARTIKAY CHOWDRY

Question-21

Mr. Manohar Gokhale is the owner of a 320 sq. ft. shop in the City’s Big Mall which has
multiple amenities. He wishes to lease out the shop on a leasehold basis to Ice Cream Parlor.
Period of lease: 5 years, Payment: Rs. 1/- Lac as security deposit and Rs. 15000/- as rent.
Based on the facts Draft a Lease Deed.

Lease Deed
This deed made at Pune on 5th October, 2018 BETWEEN Mr. Manohar Gokhale., R/o E-204,
Rohan Mithila, New Airport Road Viman Nagar, Pune-411014 herein after referred as the
“LESSOR” (which expression shall include successor, assigns, administrators and executors.)

AND

Ferrero Ice Cream registered at shop no. 2, Gokhale Road, Pune- 411014 herein after referred as
the “LESSEE” (which expression shall include successor, assigns, administrators and executors.)

WHERAS

1) The Lessor is well and sufficiently entitled to shop no. 56 admeasuring 320 Sq. ft. shop in
a big mall.
2) The Lessor wants to purchase the said shop.
3) The Lessor agrees to sell and at the request of the Lessee, executes the agreement to that
effect.

NOW THIS DEDD WITNESSETH AS FOLLOWS: -

In consideration of the sum of rupees 15,000 monthly rent and 1,50,000 rupees received by the
Lessor for a period of 5 years where yearly rent is to be paid, the Lessor transfers the possession
of the shop to the lessee.

THE LESSE CONVENANTS WITH THE LESSOR AS FOLLOWS: -

1) That the Lessee will pay the yearly rent regularly on the 10 th day of January and failure to
pay the same will lead to the payment of interest of 15% along with the annual rent.
2) That the Lessee at his own expenses and costs, will modify the interiors of the shop.
3) That the Lessee at his own expense and costs, will maintain the shop.
4) That the Lessee will not cause or suffer to be done any act that amounts to annoyance or
nuisance or injury to the neighboring shops.
5) That the Lessee will quietly surrender and transfer the possession of the shop to the
Lessor at the end of the tenure of the deed.
6) That the Lessor will not interfere or disturb the Lessee while the Lessee is in the
possession of the shop.
IN WITNESS WHREOF, the parties have set and subscribed their respective hands on the day
and year first herein above written.

Signed and delivered by within named Mr. Manohar G. the above named “Lessor” in the
presence of: -

1) …………………….. Mr. SAINI MITRA

2) ……………………...Mr. KHUSHI KHOSH

Signed and delivered by within named FERRORO ICE CREAM the above named “Lessee” in
the presence of: -

3) …………………….. Mrs. SONI GUPTA (Director of Ferrero ice cream)

4) ……………………...Mr. SUNNY GUPTA (Deputy director Ferrero ice cream)

Question-22

Miss Preeti runs three beauty parlors in the city. One of her staff member Miss Rosy was
removed from her services due to her rude, undisciplined behavior and multiple reasons. Few
days later Miss Preeti found defamatory blogs on the social media sites, internet, face book
and heard rumors, found defamatory pamphlets about her beauty parlor. The parlor owner
has all reasonable evidence to initiate the legal action. Draft a Prayer Clause under Criminal
Complaint for punishment or Civil suit to claim damages for Defamation.

Criminal Complaint

IN THE COURT OF PUNE AT PUNE

Complaint no. 27 of 2016

Miss Preeti Sahai

D/o Mr. Prem Sahai

R/o E-24. 204 Rohan Mithila,

Viman Nagar Pune [Complainant]

VERSUS

Miss Rosy D’Sousa

D/o Mr Anand D’Sousa

R/o E-2, Flat no. 11

Ganga Nebula Viman Nagar, Pune [Accused]

Complaint under section 500 and 501 of the Indian Penal Code, 1860

It is most humbly submitted as under: -

1) That the complainant runs 3 beauty parlors in Pune.

2) That one of the complainant’s staff, Ms. Rosy was removed from her services due to her
rude and undisciplined behavior.
3) That few days later Ms. Preeti found defamatory blogs on the social media sites on
internet like Facebook and twitter on 1st October, 2018.
4) That the complainant has evidence of the blogs and pamphlets in Annexure A and B.

Therefore, it is prayed that the defendant be charged with and tried under sections 500 and 501 of
the Indian Penal Code, 1860 and be punished according to the law.
List of documents: -

A) Print out of defamatory blog.

B) Defamatory Pamphlet.

[Adv. Sunil Batra] [MS. PREETI SAHAI]

Complainant’s Advocate Complainant

Question-23

Mr. Bhawesh and Mr. Ritesh both were the business partners of the firm having business of
Fruit processing unit at the hill station, Mahabaleshwar decided to dissolve their partnership
due to their gap of mutual understanding on the various issues including loss and profit. Draft
Dissolution of Partnership deed.

Dissolution of Partnership deed

This deed made at Pune on 5th October, 2018 Between Mr. Bhavesh Mandal, S/ Mr. Mukesh
Mandal and R/o E-204, Rohan Mithila, New Airport Road Viman Nagar, Pune-411014

AND

Mr. Ritesh Menon, S/o Mr. Suresh Menon, R/o C-3 Flat no. 11 Gangapuram Society Viman
Nagar, Pune 411014.

WHERAS: -

1) The partners carry on the business of fruit processing under the partnership deed dated 5 th
October, 2018 under the name and style of Fruitter Pvt. Ltd registered at Plot no. 22,
Mahabaleshwar.
2) On account of personal reasons, the partners mutually consent to dissolve the partnership.

NOW THIS DEED WITNESSSETH AS FOLLOWS: -

1) In pursuance of the Agreement between the parties hereto, the parties hereto state and
declare that the partnership business being carried on between the parties in the firm’s
name and style of M/s Fruitter Pvt. Ltd. that has been dissolved.
2) That the accounts of the assets and liabilities have been assessed and the final balance
sheet prepared and the partners have inspected the accounts and are satisfied of the same.
3) That the partners have agreed to dissolve the partnership subsisting between the partners
under the partnership deed dated 5th September, 2019.
4) That the partners will not carry out professional activities in the name of the firm except
to realize the assets and discharge the liabilities except the capital accounts of the
partners.
5) That the credit or debit amount in the capital accounts will be mutually adjusted by the
partners in the future.
 6) That the parties hereto shall be liable for income –tax and sales tax for the period till they
have carried on the business to their respective shares in the partnership business as
mentioned in the Deed of partnership dated 5th October, 2018.
7) The parties hereto agree to pass such further and other writings as may be necessary and
required by the parties hereto.
8) All the disputes and differences in connection with this deed arising among the partners
and the heirs and/or legal representatives shall be referred to arbitrators one to be
appointed by each party in dispute and in case of differences of opinion between the
arbitrators then to the determination of the umpires selected by the arbitrators.
This will be governed by the Indian Arbitration Act or statutory modification thereof.

In witness WHEREOF the parties have set and subscribed their respective hands on this day and
year herein above first written.

Signed and delivered by within named, Mr. Bhavesh Mandal in the presence of: -

1) ……………………… Mrs. SHAH HONE

2) ………………………. Mr. COLE MANER

Signed and delivered by within named, Mr. Ritesh Menon in the presence of: -

1) ……………………… Mr. KARTIKAY CHOWDRY

2) ……………………… Ms. MANSVANI COWDRY

Question-24
 Draft a Promissory note on behalf of Dealer promising to pay the distributor of electronic

products.

Payment On demand

Amount Rupees- 64,000/- (Sixty-Four Thousand Only)

Place- Pune

Date- 5th September, 2018

On Demand, I Mr. XYZ, S/o ABC, Owner of Sai Traders located at Town square, Viman Nagar,
Pune-411014. The promisor unconditionally promises to pay the sum of rupees 64,000 thousand
rupees, against the order placed by him and the returned, by way of cash or another order placed
by him in future whenever he demands the electronic product.

PROMISOR

(Mr. XYZ)

Revenue Stamp

Attached- Invoice of the past order which was returned.

Question-25
 Prepare a Draft of Usufructuary Mortgage deed between Agriculturist and financer Creditor.

Usufructuary Mortgage deed

This deed made at Pune on 5th October, 2018 Between Mr. Sham Singh r/o E -24 Rohan Mithila,
Viman Nagar, Pune- 411014 herein after called as the “Mortgagor” which expression shall
include unless contrary to the context, his successors, administrators, executors and assigns.

AND

Mr. Resham Kumar, R/o E-2 202, Ganga Nebula Viman Nagar, Pune- 411014 herein after called
as the ‘Mortgagee’ which expression shall include unless contrary to the context, his successors,
administrators, executors and assigns.

WHEREAS: -

1) The Mortgagor is well and sufficiently entitled to agricultural land bearing gat Number-
102 more particularly described in the schedule.
2) The Mortgagor is in the need of sum of rupees 5,00,000 to meet family expenses and the
Mortgagee agreed to pay the said sum to the Mortgagor on security of the agricultural
land more particularly described in the schedule with interest at 15% per annum.

NOW THIS DEED WITNESSETH AS FOLLOWS: -

1) In consideration of the sum of rupees 5,00,000 to be received by the Mortgagor, the

Mortgagor will transfer the possessions of the property to the Mortgagor and the
Mortgagee can receive the rent and profits on the security and appropriate the same
towards the payment of the principal amount of the loan as well as interest.

THE MORTAGAGOR COVENANTS WITH THE MORTGAGEE AS FOLLOWS: -

1) That the mortgagor will pay all the rates, taxes and charges on the said property.
2) That the said property is free from all encumbrances charge, lien or attachment by the
government or otherwise.
 3) That the property will be re-transferred to the Mortgagee on the payment of the principal
amount of the loan together with the interest.

IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on this day
and year first herein above written.

Signed and Delivered by with named, Mr. Sham Singh above named Mortgagor in the presence
of: -

1) ……………. Mrs. SHALINI SINGH.

2) …………… Mrs. ARYA GAUTAM.

Signed and Delivered by with named, Mr. Resham Kumar, above named Mortgagee in the
presence of: -

1) ……………Mr. RAHUL GUPTA

2) ……………Mrs. SURABHI SINGH
SCHEDULE OF THE PROPERTY

Agricultural Land bearing gat number 10/2

Total extent: - 5 hectares

Village- Pirangat

District- Pune

BOUNDARIES: -

Towards East: - Remaining portion of gat no 10/2

Towards West: - Main Road

Towards South: - Gat no 11/2, SIP Public School

Towards North- Open Land

Question-26
Mr. Navin Batra a Textile businessmen want to add to his ‘Will’ few more beneficiaries by
including the names of his assistant cum driver, his manger in the light of his previous Will
authorizing only his brother’s son to enjoy the estate. Draft a Codicil to Will.

Codicil to will

I, Mr. Navin Batra s/o Mr. Sai Batra, Indian Inhabitant, R/O E-4, 204 Rohan Mithila Apartments,
New Airport Road, Viman Nagar, Pune, would hereby make the first codicil as under: -

1) I executed the last will and testament on 30th September, 2018 under which Shri Mukesh
Batra and Shri Suresh Batra were Appointed as executors of the will.
2) I would grant and bequeath property on plot no. 22 situated on New Airport Road, Viman
Nagar upon Shri Ram Chandra my assistant and driver and Shri Kal Mukha my manager
in addition to the beneficiaries of will executed on 30th September, 2018.
3) Sri Ram Chandra and Shri Kal Mukha have taken care of me and my estate out of
affection, I bequeath my estate upon them.
4) I have written the herein above in sound health and mind and consciously.

IN WITNESS WHEREOF, I would set and subscribe my hand on this 4th October, 2018.

Signed by within named, Mr. Navin Batra in the presence of: -

1) …………………….. Shri Chandra Nitesh

2) …....………………...Shri Kumar Mukund.
 Question-27

Draft a Sale Deed based on the following facts-

Particulars of the Vendor: Mr. Chandan Nakhate, Age: 40 yrs., Occupation: Agriculturist-
R/A: R/A: S.No.11, Maruti Mandir, Nakhate Niwas Village -Pirangut District- Pune -410030

Particulars of the Purchaser- Mr. Rocky Topiwala, Age- 39 Yrs., Occupation: Business A/p-
Sylven hights, Baner, Pune, Price: Rs. 50/- Lacs to be paid in full at the time of Registration
by cheque no. 5678 Dt. Oct 2013, drawn in the Bank of India Pirangut Branch.

Description of the property: Agricultural Land bearing Gat No. 10/2 admeasuring 5 Hectares
0 Ares situated at Nakahte Farm A/p- Pirangut T/D-Pune and bounded as follows: - On or
towards East: Remaining portion of Gat No, 10/2, On or towards West: Main Road, On or
towards South: Gat no 11/2, ZP school, On or towards North: Gat No 9/2, open land.

DEED OF SALE

This Deed made at Pune this 4th October, 2018 by Mr. Chandan Nakathe, Age 39 and doing
agricultural business, R/o S.N. 11, Maruti Mandir, Nakhate Niwas, Pirangat, Pune – 411014
herein referred as the “VENDOR” [which expression shall include unless contrary to the context,
his succession, administrators, executors and assigns.]

TO AND IN FAVOUR OF

Mr. Rocky Topiwala aged about 39 years and a business man, R/o Apartment no. 22, Sylven
hights, Baner, Pune- 411014 herein after referred as the “PURCHASER” [which expression shall
include unless contrary to the context, his succession, administrators, executors and assigns.]

WHEREAS:

1) Vendor is well and sufficiently entitled to the agricultural land bearing Gat no 10/2 which
is more particularly described in the schedule.
2) Vendor has enjoyed and peaceably held the land till date.
3) Due to personal reasons and family commitments, the vendor agrees to sell the said
property at rupees 50,00,000 [Rupees Fifty Lakh Only] and the purchaser has agreed to
purchase the property at the said price.
NOW THIS DEED WITNESSETH AS FOLLOWS: -

That in pursuance of the aforesaid agreement and in consideration of sum of Rupees 50,00,000 to
be received by the vendor by way of cheque no. 5678 drawn in the Bank of India, Pirangat
Branch, the Vendor will admit, acknowledge and discharge further payment to be made by the
Purchaser and the Vendor will sell, transfer, convey and assign the said property into the
Purchaser together with titles, interests, water ways, easements and advantages.

THE VENDOR EXPRESSLY COVENANTS WITH THE PURCHASER AS UNDER: -

1) That the purchaser can enjoy and peaceably hold the property without any interruption or
disturbances from the Vendor or anyone claiming under him.
2) That the said property is free from any encumbrances, charges, lien or any attachments by
the government or otherwise.
3) That the Purchaser will be indemnified by the Vendor if claim against said property.
4) That the rates and taxes to the local bodies have been paid by the Vendor till date.

IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on day and
year herein above first written.

Signed and delivered by with named, Mr. Chandan Nakathe, above named Vendor in the
presence of: -

1) …………………….. Mr. MUKSEH BATRA

2) ……………………...Mr. SURESH MENON

Signed and delivered by with named, Mr. Rocky Topiwala, above named Purchaser in the
presence of: -

1) ……………………. Mr. RAKESH ROSHAN

2) ……………………. MR. ABHIJEET SAWANT

SCHEDULE OF PROPERTY
Agricultural Land bearing Gat no. 10/2 admeasuring 5 Hectares situated at Nakathe Farms.

TOTAL EXTENT: 5 Hectares

BOUNDARIES: -

Towards East- Remaining portion of Gat no. 10/2

Towards west- Main Road

Towards North- Gat no. 9/2, open road

Towards South- Gat no. 11/2, ZP School

 Question-28

Draft Affidavit to be submitted along with the civil suit/Criminal complaint.

Affidavit

IN THE COURT OF PUNE, AT PUNE

IN THE MATTER OF

A VS. B

Suit No. 42 of 2018

Suit for recovery of 1,00,000 [One Lakh Only]

AFFIDAVIT

I, A aged about 40 years old, adult, R/o Rohan Mithila Viman Nagar, New Airport Road Pune-
411014, do hereby solemnly declare and affirm under an oath as under: -

1) That I gave a loan of rupees 1,00,000 with interest of 15% per annum to Mr. B.
2) That Mr. B has to pay the amount of rupees 1,00,000 and interest to me.
Mr. A
[Respondent]
VERIFICATION

I, Mr. A of Pune, Indian Inhabitant being the petitioner, residing at E -24, 204 Rohan Mithila
Viman Nagar, New Airport Road Pune- 411014, do hereby solemnly declare that what is stated
in paragraphs 1 and 2 is based on the records maintained by the petitioner and is stated on
information and belief of the same to be true.

Mr. A

[Rspondent]
 Question-29

Draft the Application for Injunction based upon any other issues.

Application for temporary injunction

[Order XXXIX, Rule 1, CRPC]

Mr. Rakesh Batra

Age: - 40

Occupation: - Doctor

Residing at E- 204,

Kola Road, Hissar

VERSUS APPLICANT

Sai Ganesh Trust

Registered at temple Road,

Kola Street, Hisar. DEFENDANT

Application for issuance of temporary injunction

Under Order- XXXIX, Rule 1, CRPC

Sir,

The plaintiff most respectfully submits as under: -

1) That the Plaintiff lives on plot number 22, E-204, Kola Road, Hissar.
2) That the Trust authorities erected their office adjacent to the plaintiff’s land on 10th
September, 2018.
 3) That the Trust authorities have been building further structures that are encroaching upon
the land of the plaintiff.
4) That the plaintiff erected a structure to separate that Trust Land from his land.
5) That the Trust authorities are remaining his structures.

Therefore, it is prayed that a temporary injunction should be issued against the defendant from
erecting further structures on the plot of land in question during the pendency of the suit and
costs be awarded for forcible action.

……………. …………………….

ADV. MANU KUMAR ADV. RAKESH BATRA

(Applicant’s Advocate) (Applicant)

VERIFICATION

I, Mr. Rakesh Batra residing at Pune, Indian inhabitant, being the applicant, do hereby solemnly
declare that what is stated in paragraphs 1 to 5 is true to my knowledge.

MR. Rakesh Batra

(Applicant)
 Question-30

Draft a collaboration Agreement regarding Licensing Trademarks use within India with
foreign party.

Trade Mark Licensing Agreement

This trademark licensing agreement made at Pune on 4th October, 2018 between ZEX
Corporation Ltd. Registered at Camelin Road, Marboro, New York. United States of America
called as the “Licensor”

And

Fox Corporation Ltd registered at E-24 204, Rohan Mithila, New Airport Road, Viman Nagar,
Pune- 411014 Maharashtra India, herein after called as the “Licensee”.

BACKGROUND

The licensor owns the ZEX logo for the products and services provided by ZEX Corporation Ltd.
And the Licensee wishes to obtain license to use the ZEX Logo.

TERMS AND CONDITIONS

1) LICENSEE- Licensor allows the license to use the logo throughout the territory of India
but not beyond India. The License has the sole licensing nights in India.
2) FORM OF USE- Licensee has to use the ZEX Logo in the form and manner prescribed
by the licensor.
3) REPRESENTED INTREST- Licensor is the sole owner of the ZEX Logo.
4) INFRINGEEMNT PROCEEDINGS- Licensor has the sole right to bring infringement
proceedings. The licensee must inform the licensor in case of an infringement.
5) INDEMENITY- The Licensor shall be indemnified by the licensee in case losses incurred
by the use of ZEX logo for its products and services.
6) LIMITED LIBILITY- The licensor cannot be held liable for the acts of the licensee.
 7) TERMINATION OF AGREEMENT- The agreement may be terminated by either party
in case of breach of conditions or covenants of the agreement by giving 15 days’ notice
and if the default is not corrected then the agreement will be terminated within 30 days.

IN WITNESS WHEREOF, the parties have set and subscribed their respective hands on the day
and year hereinabove first written.

Signed and Delivered by ZEX Corporation Ltd., above named Licensor in the presence of: -

1) ……………Mr. MUKESH BHATRA, Director of ZEX Corporation Ltd.

2) ……………Mrs. NEEMA BHATION, Deputy Director of ZEX Corporation Ltd.

Signed and Delivered by within named, Fox Corporation Ltd. Above named License in the
presence of: -

1) ……………. Mrs. SHALINI SINGH, Director of FOX Corporation Ltd.

2) …………… Mrs. ARYA GAUTAM, Deputy Director of Fox Corporation Ltd.