AFFIDAVITS AND IT CONTENTS (ONE FORMAT)

AFFIDAVITS

INTRODUCTION
Order 19 deals with the affidavits. An affidavit is a sworn statement of the facts by a person
who is familiar with the facts and circumstances have taken place. The person who makes it
and signs it is known as Deponent. In the affidavit, the contents are true and correct to the
knowledge of the person who signed it and he has nothing concealed material there from.
It is duly attested by the Notary or Oath commissioner appointed by the court of
law. The duty of the notary and oath commissioner is to ensure that the signature of the
deponent is not forged. The affidavit must be paragraphed and numbered as per the provision
of the code.

MEANING OF AFFIDAVIT:-
Though the expression “affidavit” has not been defined in the code, it has been commonly
understood to mean “a sworn statement in writing made especially under oath or on
affirmation before an authorized officer or Magistrate.”

SCOPE: Order 19 deals with Affidavits, Order 19 contains 3 rules, Order 19 has to be read
along with Section 30 and 139.

CONTENTS OF AFFIDAVIT
 An affidavit should only contain information that the deponent can personally attest
to. However the deponent is permitted to mention such facts in interlocutory
applications that are founded on belief under Rule 3(1) of order 19.
 A sense of responsibility should be shown when filing affidavits on behalf of the
state.
 Conflicting affidavits submitted by the same officer are inappropriate; the government
spokesperson exhibits complete neglect for the truth.

ESSENTIALS OF AFFIDAVIT
1. An affidavit must be in writing.
2. It must be in the first person.
3. It must be a declaration made by the deponent.
4. It must have been sworn or affirmed before an authorized officer.
5. Particulars facts or facts may be proved by affidavit.
6. There must be verification at the end of an Affidavit.
7. Affidavit must disclose nature and source of knowledge.
8. Oath on affidavit by whom to be administered: Section 139 provides that the
affidavit must be made before.
a) any Court or Magistrate; or
b) any Notary;
c) any officer or other person appointed by High Court;
d) any officer appointed by any other Court having competency to do so;
 9. Power to order discovery: Section-30 provides that the court may at any time,
either of its own motion or in the application of any party, order any fact to be
proved by affidavit.
10. Power of Court: Rule-1 of Order 19 provides that any court may at any time,
either of its own motion or on the application of any party, order any fact to be
proved by affidavit.
11. Rule-2 of Order 19 provides that upon any application, evidence may be given by
affidavit, but he Court may, at any instance of either party, order the attendance
for cross-examination of the deponent.
12. Matters to which affidavits shall be confined: Rule-3 provides that the affidavit
shall be confined to such facts as the deponent is able of his own knowledge to
prove, except on interlocutory applications, on which statements of his belief may
be admitted.
13. Costs: Sub-rule -2 of Rule 3 of order 19 provides that the costs of every affidavit
which shall unnecessary set forth matters of hearsay or argumentative matter, or
copies of or extracts from documents, shall (Unless the Court otherwise directs)
be paid by the party filing the same.
14. Before Quasi-judicial authorities: for obtaining Duplicate Certificates, etc the
person/deponent has to submit an affidavit stating the facts of loss of such
original.

CONCLUSION
It is clear that an affidavit is a very significant document. Even when authorized
representatives sign it, only those who are fully informed of the circumstances of the case are
expected to sign it and a person who is aware of the existence of such facts and circumstances
makes a sworn statement of those facts in an affidavit.
 FORMAT OF AFFIDAVIT
If the name of a person does not have a last name, then his/ her father's first name should be
filled in the mandatory 'Last Name' field. In such a case, an affidavit duly notarized by a
Notary Public should also be submitted along with DIN application, in the format given
below:

Specimen/Format of Affidavit:

Affidavit for Education Loan

AFFIDAVIT

I _________ son/daughter of _________ resident of _________, do hereby solemnly affirm

and declare as under:-

1. That I am citizen of _________.

2. That I am going to pursue/pursuing _________ full time course _________ from
_________.
3. That I and my other Brother [s] & Sister [s] named _________ and _________ have not
taken any education loan from any bank/Financial institution.
4. That my date of birth is _________, _________.
5. That I confirm my Father’s Real name is “_________”, which is on all his Legal
Documents.
6. That if any chance the information I am giving to organization is not true, I will take all
the responsibilities.
7. That I declare that the information furnish above by me is true to best of my knowledge
and belief and no information has been concealed by me.

DEPONENT

VERIFICATION:-

Verified at _________ on this _________, _________, that the contents of this affidavit are
true and correct to the best of my knowledge and belief and nothing has been concealed
therein.

DEPONENT
 CODICIL

INTRODUCTION
One of the most important elements in your life as a person is executing your will and testame
Your “Will” ensures that every asset you have acquired will be distributed on your death
accordance with your desire and design.
After making the Will for some reasons, you may decide to alter the specific content of your W
with time. Then one of the best options to make is to amend a part of the Will without having
rewrite afresh the entire document by using an instrument called Codicil.

WHAT IS A CODICIL?
A codicil is a legal document that you can use in the amendment of a Will and can allow you
alter the parts or elements of the Will without having to write the Will afresh. A codicil is o
applicable where the changes that are to be enacted are minor.
Section 2(b) of the Indian Succession Act defines a codicil as:
‘Codicil’ means an instrument made in relation to a Will, and explaining, altering or adding to
disposition, and shall be deemed to form part of the “Will”.

WHO CAN CHANGE A WILL BY A CODICIL?

It is only the creator of the last Will who is also referred to as the testator that can alter
content of the last testament. This implies that without the testator, no other person can m
changes to the existing Will.

WHAT ARE THE STEPS TO WRITE A CODICIL?

In writing your codicil, your name, address and date of enactment of your previous will must
clearly stated and then proceed to list your changes in the affected clauses.

HOW IS CODICIL EXECUTED?

Just like Will, every codicil must undergo processes of verification before it is executed wh
include:
It must have the same legal requirements as the original Will which include the signature of
testator and the impartial witnesses. It must be administered in same standard as a Will. Cod
states the aspect of your life that has been altered and must be stored in the same place as a W

CAN CODICIL BE REVOKED?

WHAT IF YOU HAVE DRAFTED MULTIPLE CODICILS?
If you have drafted more than three codicils in the past and you are now planning to draft
another, why not consolidate the changes and make a new Will? This will make the work of
the executioner easier because the documents will be in one piece instead of separate parts.
In addition to this, the court will be more apt to approve a single document as your final wish
than numerous pieces of paperwork that might introduce some ambiguity to your intentions.
If your Will appears to be confusing, the judge may declare it invalid or may decide to uphold
some of your codicils and jettison the others.

ADVANTAGES OF A CODICIL
 Drafting a codicil is cheaper than rewriting the will completely.
 You do not have to register a codicil as a new will.
 There is no limit as to how many codicils you can add to your will.

DISADVANTAGES OF A CODICIL
When administering an estate and a copy of the codicil has gone missing, such part Will not
be taken into consideration.
 Where the number of codicils was much and one is yet to be found, it will be difficult
knowing the main Will of the principal.
 In situations where the codicil fails to acknowledge issues like inheritance tax, the old
will may not be considered appropriate.

CONCLUSION
A codicil is a legal document that allows a person to make changes to their will without
having to create an entirely new will. It is used to add, remove, or modify provisions in a will,
as long as the changes are not too significant. A codicil must be signed and witnessed in the
same way as the original will, and it must be executed with the same formalities. Codicils are
typically used when a person wants to make a few minor changes to their will, rather than
creating a new one from scratch.
 CONVEYANCING

INTRODUCTION
Conveyance, The art of “conveyance‟ is of English origin. The word “to convey‟ means
transfer or to make over. The word conveyancing means an instrument or deed through wh
one or more living person transfer his or their interest in present or in future in or upon
immovable property to one or more living persons. In other words conveyance means an act
which property is conveyed or voluntarily transferred from one person to another by means o
written instrument and other formalities.
Section 2(10) of the Indian Stamp Act, 1899 defines the term “conveyance‟ as: Conveya
includes a conveyance on sale and every instrument by which property, whether movable
immovable, is transferred inter vivo and which is not otherwise specifically provided for
Schedule I.

WHAT IS A CONVEYANCE?
The term conveyance refers to the act of transferring property from one party to another. T
term is commonly used in real estate transactions when buyers and sellers transfer ownership
land, building, or home.
This is done using an instrument of conveyance—a legal document such as a contra
lease, title, or deed. The document stipulates the agreed-upon purchase price and
transfer, as well as the obligations and responsibilities of both parties.

 Conveyance is the act of transferring property from one party to another.

 The term is commonly used in real estate transactions when buyers and
ownership of land, building, or home.
 A conveyance is done using an instrument of conveyance—a legal document such a
contract, lease, title, or deed.
 Such transfers may be subject to a conveyance tax.
 Fraudulent conveyance is an unfair or illegal transfer of assets done in order to av
creditors during bankruptcy or to avoid taxes.

OBJECT AND FUNCTION OF CONVEYANCING

Movable property may be physically given and taken by actual delivery, while this is
possible in case of property in case of immovable properties. Thus, conveyancing is that bran
of the law of transfer of property which deals with the mode and form of transfer to which bo
Such transfers are not otherwise possible than by conveyancing. It incorporates the
expressions of the intention of the parties to the deed of conveyance so that accordingly it
shall take effect. In case of any doubt, dispute, ambiguity and susceptibility, the real intention
of the parties may be discovered from the words, phrases and the expression used in the deed.
A transferor may have passed the property intending to pass; but if he has not expressed
himself in suitable words of the language, the deed may be defective or susceptible of two or
more constructions; and so the benefits of the transfer may be lost to the transferee. Secondly,
where any adverse claimant interposes before the transferee, may get actual legal possession
of the transferred property, it may be quite possible that the transferor with all his willingness
may not be able to help the transferee. It helps the Court and judicial tribunals to determine
any dispute if subsequently arises between the parties to the deed. It serves the purpose of
both- the transferor and the transferee in protecting their interests. It protects the interests of
the transferee from any precedent and /or subsequent acts or omissions of the transferor or
any other person claiming through or under him against the expressed intention of the grant
and the covenant of the deed; and likewise, the interest of the transferor is also protected from
any subsequent acts or omissions of the transferee. It is a document of title to the property
and forms the basis of a record of rights maintained by the Government. It is, also, a
documentary piece of evidence.

CONCLUSION
Conveyance is the process of transferring property from one party to another. Often relating
to the transfer of investments such as real estate or securities, conveyance is heavily tied to
legal processes to ensure proper documentation is maintained and applicable gift taxes (or
exclusions) are followed. Conveyance not only transfers ownership of assets but delegates
ongoing responsibilities and obligations of both sides of the transaction.
 DIFFERENT KINDS OF MORTGAGES

INTRODUCTION
A mortgage is a type of home loan in which the lender provides a property loan against
mortgage of the property itself. This gives them the right to acquire and sell the property if
borrower defaults on the repayment or violates the set terms and conditions otherwise.
But it does have different types of mortgage in it. And it is important to know what the types
mortgages are and what the actual meaning is.
This will help you make wise decisions and also to choose the right kind of mortgage.

THERE ARE SIX COMMON TYPES OF MORTGAGES IN INDIA:

1. Simple Mortgage
In this, the possession of the mortgaged property is not delivered to the mortgagee*. Howev
the mortgagor^ legally binds themselves to repay the mortgage money, in return for which
mortgagee agrees to have them the right to sell off the property to earn their money back in c
they fail to repay.
Note: (the party which is granting a mortgage), (the receiver of a mortgage)

2. English Mortgage
In this, the mortgagor agrees to repay the mortgage money by a certain date and then transfer
property to the mortgagee. The mortgagee, on the other hand, agrees to retransfer the prope
back to the mortgagor once they have paid the mortgage money as per the terms and condition

3. Usufructuary Mortgage
In this, the mortgagor grants the possession of the property to the mortgagee until the repaym
of mortgage money and allows them to receive the profits earned from it (in the form of re
In this mortgage, the mortgagee provides their documents of title to the immovable property
to the mortgagor, with intent to create security on the same.
5. Mortgage by Conditional Sale
A mortgage by conditional sale is when the mortgagor sells the property to the mortgagee on
the condition that the sale will become absolute if there is a default of repayment. Also, on
the repayment of the money, the sale will become void and the mortgagee will transfer the
property back to the mortgagor.

6. Anomalous Mortgage
A mortgage that doesn’t come under any of the above-mentioned mortgage types is an
Anomalous Mortgage.
 FUNDAMENTAL RULES OF PLEADINGS

INTRODUCTION:
Pleadings are the specific documents filed by the parties in a lawsuit which states the position
of the parties in the litigation. Pleadings can be regarded as the backbone of any judicial
system.
They are the documents which contain the claims and counterclaims of the parties giving the
opposing parties an idea of what case they are to answer.
Pleadings contain complaint, answer, counterclaims and reply. A complaint in a civil case is
very important in declaring the plaintiff’s facts and stand in the case.
The aim of pleading is to ensure that the issues in the dispute are properly detailed to
eliminate further delay or expenses.

SCOPE:
Order 6 explains about the “Pleadings Generally”. Order 6 contains 18 rules.
Order 7 deals with “Plaint”. Order 7 contains 18 rules.
Order 8 deals with “written statement”, set-off and counter claims.
Rule 1-5 and 9 and 10 of the order 8 explain about written statement. Rules 6 and 7 of the
order 8 explain about set-off and Rules 6-A to 6-G of the order -8 explain about the counter
claim.

MEANING :
Pleadings: A formal statement of the cause of an action or defence.
Definition: Rule 1 of Order 6 defines “Pleadings”. “Pleadings shall mean plaint or written
statement”.
“Pleadings are the statement in writing drawn up and filed by each party to a case, stating
what his contentions will be at the trial and giving all such details as his opponent needs to
know in order to prepare his answer.”

OBJECT:

o To bring parties to specific issues

o To prevent surprise and miscarriage of Justice

o To avoid unnecessary expense and trouble

o To save public time

o To eradicate any irrelevance in the suit

o To assist court in reaching a proper and fruitful conclusion

 THE FUNDAMENTAL RULES RELATING OF PLEADINGS

The rules of pleading maybe divided into two parts for better understanding:

o Fundamental or Basic Rules

o Particular or Other Rules

Fundamental or Basic Rules:

Sub Rule (I) of Rule 2 of the code lays down the fundamental rules of pleading. It states,
“Every pleading shall contain, and contain only a statement in a concise form of the material
facts on which the party pleading relies for his claim or defense as the case may be, but not
the evidence by which they are to be proved”
After analyzing the above provision, we get the following general principles:
o Pleadings should state facts and not law.
o The facts stated should be material facts.
o Pleadings should not state the evidence
o The facts should be stated in a concise form

The principles shall be discussed in detail:

1. Pleadings should state Facts and not Law:

The first fundamental principle of pleadings is that they should only state facts and not the
law.
In the # KedarLal vs. HariLal
The court held that it is the duty of the parties to state only the facts on which they rely upon
for their claims. The court further said that it is the duty of the court to apply the law to the
facts pleaded.
The court in # Gouri Dutt Ganesh Lal Firm v. Madho Prasad summarised the law of
pleading in just four words, “Plead facts not Law”.
Therefore a custom or usage is a question of fact which must be specifically pleaded, also
intention is a question of fact and it must be pleaded. Similarly waiver or negligence is a plea
of fact which must be mentioned in the pleading. However a plea about maintainability of a
suit raises a question of law and thus need not be pleaded.

o The Facts stated should be Material Facts:

The second principle of pleadings is that they should contain a statement of material facts
only. However the term “material facts” has not been defined in the code.
The Supreme Court in # Udhav Singh Vs Madhav Rao Scindia has defined material facts
as, all the primary fact which needs to be proven at the trial by a party to establish the
existence of a cause of action or his defense are material facts.
It has been observed by the courts that what type of facts or information would amount to
material fact is a subjective issue and depends on the circumstances of a case and thus differs
from case to case.

o The Pleadings should state facts and not evidence:

 The third fundamental rule of pleadings says that in pleadings, evidence of facts
distinguished from the facts itself need not be pleaded. In other words, the pleadings should
contain a statement of material fact on which a party relies but not the evidence by which
such facts are to be proved.

Facts are of two types:

o Facta Probanda: The facts required to be proven (material facts).
o Facta Probantia: The facts by means of which they are to be proved (particulars or
evidence).
The pleadings should only contain the Facta Probanda or the material facts of the case. The
material facts on which the plaintiff relies for his claim or the defendant relies on for his
defense is called the Facta Probanda. The Facta Probanda must be mentioned in the plaint or
written statement. However the evidence by means of which the material facts are to be
proved which is known as Facta Probantia need not be stated in pleadings. They are not the
fact in issue but only are the relevant facts which required to be proved at the trial in order to
establish the fact of the issue.

o The Pleading should be Concise:

The fourth and the last fundamental rule of pleadings states that pleadings should be drafted
with sufficient brevity and they should also be precise.
In #Virendra Kashinath v. Vinayak N. Joshi, the court observed that pleadings should be
brief and concise, also niggling should be avoided. However that does not amount to the fact
that essential facts need to be omitted or missed in an attempt to get brevity in pleadings.
Every pleading should be divided into paragraphs and sub paragraphs. Each allegation should
be contained in separate paragraph. Dates, totals and numbers should be mentioned in figures
as well as in words.

Conclusions:
As mentioned earlier, pleadings are the backbone of a trial. It is the foundation stone on
which the case of a party stands. The proper formulating of pleading determines the future of
the case. Pleading from the side of the plaintiff is the Plaint and the reply to the allegations
made in the plaint is known as Written Statement. The plaint may also be amended subject to
the conditions and requisites as stated above.
 HIERARCHY OF COURTS WITH THEIR PECUNIARY
JURISDICTION

GENERAL
Suits may be of different types.
They may relate to movable properties or immovable properties; They may be based on
contracts or torts; They may be matrimonial proceedings, suits for accounts and so on. The
jurisdiction of a court to entertain deal with and decide a suit may be restricted by a variety of
circumstances, and the first thing which is to be determined is the place of suing.
Sections 15 to 20 of the code of civil procedure regulate the forum for the institution of suits.

SCHEME
Sec 15 requires the plaintiff to file a suit in the court of the lowest grade competent to try it.
Sections 16 to 18 deal with suits relating to immovable property. Section 19 applies to suits
for compensation for wrong to a person or an immovable property. Section 20 is a residuary
section and covers all cases not dealt with by Sections 15 to 19. Section 21 recognizes the
well established principle that the defect as to territorial or pecuniary jurisdiction can be
waived. It forbids appellate or revisional court to allow objection as to place of suing or
pecuniary limits. Section 21-A bars a substantive suit for setting aside a decree passed by a
court on the ground of want of territorial jurisdiction.

PECUNIARY JURISDICTION

a) General Rule
Every suit shall be instituted in the court of the lowest grade competent to try it.

b) Nature and Scope

Section 15 of the Code refers to the pecuniary jurisdiction of the court. It states that
every suit should be instituted in the court of the lowest grade competent to try it. The
rule laid down in the section is a rule of procedure and does not affect the jurisdiction
of the court. Hence a decree passed by a court of a higher grade cannot b said to be
without jurisdiction. It is merely an irregularity covered by Section 99 of the Code
and the decree passed by the court is not a nullity.

c) Object
The object underlying this provision is twofold,
i) To see that the courts of higher grade shall not be overburdened with suits; and
ii) To afford convenience to the parties and witnesses who may be examined in
such suits.
Thus, Bombay, Calcutta and Madras High Courts are having original jurisdiction like
City Civil Courts and Small Cause Courts. The pecuniary jurisdiction of a small cause
courts s say, up to Rs 50,000. Therefore, a suit to recover Rs.5000 as damages for
breach of contract can be tried by any of the courts. But according to Section 15 of the
Code, the suit must be filled in the lowest court, i.e., in the Small Causes Courts. But
 if the suit is filled in the City Civil Courts and the decree is passed by that court, it is
not a nullity.

d) Mode of Valuation
Prima facie, it is the plaintiff’s valuation in the plaint that determines the jurisdiction
of the court and the amount for which ultimately the decree may be passed by the
courts. Thus, if the pecuniary jurisdiction of the court of the lowest grade is, say, Rs
10,000 and the Plaintiff files a suit for accounts and finally the court finds on taking
the accounts that Rs.15000 are due, the court is not deprived of its jurisdiction to pass
a decree for that amount.

e) Power and duty of court.

Usually, a court will accept a valuation of the plaintiff in the plaint and proceed to
decide the suit on merits on that basis.
That does not, however, mean that the plaintiff in all cases is at liberty to
assign any arbitrary value to the suit, and to choose the court in which he wants to file
a suit. If the plaintiff deliberately undervalues or overvalues the claim for the purpose
of choosing forum, the plaint cannot be said to be correctly valued and it is the duty of
the court to return it to be filed In the proper court. If it appears to the court that the
valuation is falsely made in the plaint for the purpose of avoiding the jurisdiction of
the proper court, the court may require the plaintiff to prove that the valuation is
proper. ”when there is an objective standard of valuation, to put a valuation on the
relief ignoring such objective standard might be a demonstratively arbitrary and
unreasonable valuation and the court would be entitled o interfere in the matter.” But
if the court is unable to come to a finding regarding the correct valuation to the relief,
the court has to accept valuation of the plaintiff.
 WHAT IS LICENSE? EXPLAIN THE DIFFERENCE BETWEEN
LICENSE AND LEASE.

INTRODUCTION
The term ‘lease’ and ‘licence’ are defined under Section 105 of the Transfer of Property Act,
1882 and Section 52 of the Indian Easements Act, 1882 respectively. Section 105 of the
Transfer of Property Act, 1882 states that,
“A lease of immovable property is a transfer of a right to enjoy such property, made for a
certain time, express or implied, or in perpetuity, in consideration of a price paid or
promised, or of money, a share of crops, service or any other thing of value, to be rendered
periodically or on specific occasions to the transferor by the transferee, who accepts the
transfer on such terms.”
The transferor is called the lessor, the transferee is called the lessee, the price is called the
premium, and the money, share, service or other thing to be rendered is called the rent. The
incident mentioned in the starting is the example of lease.
Further, Section 52 of the Easements Act, 1882 provides that,

“Where one person grants to another, or to a definite number of other persons, a right to do,
or continue to do, in or upon the immovable property of the grantor, something which would,
in the absence of such right, be unlawful, and such right does not amount to an easement or
an interest in the property, the right is called a licence.”

The party who grants the licence is called the licensor and the party who gets the licence is
called the licensee. For example, the government of a country issues a licence to the Bar
owner to do his liquor business. Here the government is the licensor and the bar owner is the
licensee. Without a license one is not permitted to do liquor business. If we dissect the above
two statutory definitions of lease and license we can find the components of which these are
made of.
COMPONENTS OF LICENCE
A license is a kind of grant or permission, but not any transfer of interest or possession. After
getting a license, a licensee can do his business anywhere according to the nature of business.
Suppose, a bar owner does his business in his space, on the other hand a customs agent
licence entitles the licensee to do work in the concerned offices. A land-owner can give
permission to anybody or a definite number of people to enter into his premises and do his
job subject to paying fees or charges as determined by the landowner. This permission is a
kind of licence. If any person does the respective work without licence, that would be an
unlawful activity. The components have been stated hereunder:

 One person grants to another, or to a definite number of other persons,

 A right to do, or continue to do,
 In or upon the immovable property of the grantor,
 Something which would, in the absence of such right, be unlawful, and
 Such right does not amount to an easement or an interest in the property, the right is
called a license.
CONCLUSION
Lease and license are the two forms of regular business in our day-to-day life. When a lawyer
intends to draft an agreement on lease or license, he/she must be concerned that the clauses of
the agreement must comply with the discerning facts of the lease or license. So that the actual
intention of the parties does not get hindered.
 LOK-ADALAT

INTRODUCTION
‘Lok Adalat’ is a system of conciliation or negotiation. It is also known as ‘people’s court’.
Lok Adalat is a forum where the cases (or disputes) which are pending in a court or which are
at the pre-litigation stage are compromised or settled in an amicable manner.
o The term ‘Lok Adalat’ means ‘People’s Court’ and is based on Gandhian principles.
o As per the Supreme Court, it is an old form of adjudicating system prevalent in
ancient India and its validity has not been taken away even in the modern days too.
o It is one of the components of the Alternative Dispute Resolution (ADR) system and
delivers informal, cheap and expeditious justice to the common people.
o The first Lok Adalat camp was organized in Gujarat in 1982 as a voluntary and
conciliatory agency without any statutory backing for its decisions.

o In view of its growing popularity over time, it was given statutory status under the
Legal Services Authorities Act, 1987. The Act makes the provisions relating to the
organization and functioning of the Lok Adalats.

OBJECTIVES OF LOK ADALAT

The Lok Adalat was organized with the following objectives amongst others:

 To provide speedy justice.

 To generate awareness amongst the public regarding the conciliatory mode of dispute
settlement and legal sanctity of Lok Adalat.
 To gear up the process of organizing Lok Adalat.
 To provide a supplementary to the mainstream legal system.
 To encourage the public to settle their cases outside the formal set-up.
 To empower the public to participate in the justice delivery system.

ORGANIZATION:
 The State/District Legal Services Authority or the Supreme Court/High Court/Taluk
Legal Services Committee may organize Lok Adalats at such intervals and places
and for exercising such jurisdiction and for such areas as it thinks fit.
 Every Lok Adalat organized for an area shall consist of such number of serving or
retired judicial officers and other persons of the area as may be specified by the
agency organizing.
 Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer
(advocate) and a social worker as members.

JURISDICTION:
A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or
settlement between the parties to a dispute in respect of:
 Any case pending before any court, or
  Any matter which falls within the jurisdiction of any court and is not brought
before such court.
 Any case pending before the court can be referred to the Lok Adalat for
settlement if:
 Parties agree to settle the dispute in the Lok Adalat or one of the parties applies for
referral of the case to the Lok Adalat or court is satisfied that the matter can
be solved by a Lok Adalat.
 In the case of a pre-litigation dispute, the matter can be referred to the Lok
Adalat on receipt of an application from any one of the parties to the dispute.
 Matters such as matrimonial/family disputes, criminal (compoundable offenses)
cases, land acquisition cases, labor disputes, workmen’s compensation cases, bank
recovery cases, etc. are being taken up in Lok Adalats.
However, the Lok Adalat shall have no jurisdiction in respect of any case or matter relating
to an offense not compoundable under any law.

POWERS:
 The Lok Adalat shall have the same powers as are vested in a Civil Court under
the Code of Civil Procedure (1908).
 Further, a Lok Adalat shall have the requisite powers to specify its own
procedure for the determination of any dispute coming before it.
 All proceedings before a Lok Adalat shall be deemed to be judicial proceedings
within the meaning of the Indian Penal Code (1860) and every Lok Adalat shall
be deemed to be a Civil Court for the purpose of the Code of Criminal Procedure
(1973).
 An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an
order of any other court.
 Every award made by a Lok Adalat shall be final and binding on all the parties to
the dispute. No appeal shall lie to any court against the award of the Lok Adalat.

BENEFITS:
 There is no court fee and if court fee is already paid the amount will be
refunded if the dispute is settled at Lok Adalat.
 There is procedural flexibility and speedy trial of the disputes. There is no strict
application of procedural laws while assessing the claim by Lok Adalat.
 The parties to the dispute can directly interact with the judge through their counsel
which is not possible in regular courts of law.
 The award by the Lok Adalat is binding on the parties and it has the status of a
decree of a civil court and it is non-appealable, which does not cause the delay in
the settlement of disputes finally.
CONCLUSION

Lok Adalats can be functional at larger levels if people are willing and aware of its
advantages. Further, more provisions and innovative utilization is needed that could empower
permanent Lok Adalat and are made supplementary form of litigation for people who cannot
or should not resort to courts.
 COMPONENTS OF A DEED

INTRODUCTION

WHAT IS A DEED?
 A deed is a signed legal document that transfers ownership of an asset to a new
owner. Deeds are most commonly used to transfer ownership of property or vehicles
between two parties.

 The purpose of a deed is to transfer a title, the legal ownership of a property or asset,
from one person or company to another.

 A deed to real property must be properly filed with the local government for its
owner to be able to sell it, refinance it, or obtain a line of credit on it. This task is
usually undertaken by the property buyer's attorney or title insurance company.

 A deed is a signed legal document that grants its holder ownership to an asset but
may set a number of conditions on the transfer of the title.

 The deed is not a title. It is the vehicle for transferring a title.

 If the deed is not written, notarized, and entered into the public record, it could be
open to legal challenges and delays.
 There are three main deed types: the grant deed, the warranty deed, and the quitclaim
deed.

COMPONENTS OF A DEED:
A deed contains various paragraphs, wherein each paragraph is concerned with specific
details or information in a comprehensive language.

The key components of a deed are:

1) Heading of Document: It should mention the title of the deed.

2) Description of the deed title: The description of the deed title, which starts with the
name of the deed and so the deed must contain the accurate title, i.e. “This Deed of
Partnership” or “This Deed of Sale”. Further, these words have to be written in block
letters.

3) Date and place of execution: The execution date of the deed, follows the description
of the deed title, which is relevant in a document, for the applicability of the law,
maturity period, registration and transfer of title, etc.
4) Name and Description of the parties: Name and details such as age, address, etc. of
all the parties and inter-parties, concerned should be stated in the document. At the
time of describing the parties, the details of the transferor are stated prior to the details
of the transferee. And if there is any confirming party, his/her details are to be
mentioned after the details of the transferor.

5) Recitals: It includes the precise story of the property to the point; it is bestowed to the
transferors. It must be kept in mind that the recital is simple and abridged.

6) Description of Property: Full description of the property needs to be provided in the

document, presented for registration, as per the Registration Act. A complete
description of the property is also important because it makes it easier to identify the
property in the records of the Government and check if it is free from any charge.

7) Terms and Conditions: As the name suggests, terms and conditions specify the
general and special arrangements, rules, requirements, specifications, etc.

8) Exceptions and Reservations: It implies the introduction of specific rights to be held

by the transferor over the property to be agreed by the transferee.

9) Covenants and Undertakings: It alludes to the agreement under seal, by which the
parties concerned, promises for the truth of the certain fact. It is written as “The
Parties aforementioned hereto hereby mutually agree with each other as follows:”

10) Signature of the Parties and Witness: After attestation, the signature of the parties
and their witnesses need to follow.

11) Annexure or Schedule: A deed is regarded as incomplete unless the particulars

required by the registration law concerning the land or property are provided in the
Schedule to be attached with the deed. For the execution of a deed, a stamp paper of a
prescribed value is required
 SHORT NOTE ON PUBLIC INTEREST LITIGATION (PIL)
INTRODUCTION

 The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganized consumers, citizens
who were passionate about the environmental issues, etc.
 Public interest Litigation (PIL) means litigation filed in a court of law, for the protection
of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards
etc. Any matter where the interest of public at large is affected can be redressed by filing
a Public Interest Litigation in a court of law.
 Public interest litigation is not defined in any statute or in any act. It has been interpreted
by judges to consider the intent of public at large.
 Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body.
 The court can itself take cognizance of the matter and proceed suo motu or cases can
commence on the petition of any public spirited individual.

MATTERS ENTERTAINED UNDER PIL ARE:

o Bonded Labour matters
o Neglected Children
o Non-payment of minimum wages to workers and exploitation of casual workers
o Atrocities on women
o Environmental pollution and disturbance of ecological balance
o Food adulteration
o Maintenance of heritage and culture

LANDMARK JUDGMENTS:
 The seeds of the concept of public interest litigation were initially sown in India
by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.

 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that
focused on the inhuman conditions of prisons and under trial prisoners that led to the
release of more than 40,000 under trial prisoners.
Right to speedy justice emerged as a basic fundamental right which had been denied to
these prisoners. The same set pattern was adopted in subsequent cases.
 Vishaka v. State of Rajasthan: The judgment of the case recognized sexual harassment
as a violation of the fundamental constitutional rights of Article 14, Article 15 and
Article 21. The guidelines also directed for the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013.

FACTORS RESPONSIBLE FOR THE GROWTH OF PIL IN INDIA.

 The character of the Indian Constitution. India has a written constitution which through
Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides
a framework for regulating relations between the state and its citizens and between
citizens inter-se.

 India has some of the most progressive social legislations to be found anywhere in the
world whether it be relating to bonded labor, minimum wages, land ceiling,
environmental protection, etc. This has made it easier for the courts to haul up the
executive when it is not performing its duties in ensuring the rights of the poor as per the
law of the land.

 The liberal interpretation of locus standi where any person can apply to the court on
behalf of those who are economically or physically unable to come before it has helped.
Judges themselves have in some cases initiated suo moto action based on newspaper
articles or letters received.

 Although social and economic rights given in the Indian Constitution under Part IV are
not legally enforceable, courts have creatively read these into fundamental rights thereby
making them judicially enforceable. For instance the "right to life" in Article 21 has been
expanded to include right to free legal aid, right to live with dignity, right to education,
right to work, freedom from torture, bar fetters and hand cuffing in prisons, etc.

 In PIL cases where the petitioner is not in a position to provide all the necessary
evidence, either because it is voluminous or because the parties are weak socially or
economically, courts have appointed commissions to collect information on facts and
present it before the bench.

WHO CAN FILE A PIL AND AGAINST WHOM?

 Any citizen can file a public case by filing a petition:
o Under Art 32 of the Indian Constitution, in the Supreme Court.
o Under Art 226 of the Indian Constitution, in the High Court.
o Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
 However, the court must be satisfied that the Writ petition fulfils some basic needs for
PIL as the letter is addressed by the aggrieved person, public spirited individual and a
social action group for the enforcement of legal or Constitutional rights to any person
who are not able to approach the court for redress.

 A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party. The definition of State is the same as given under
Article 12 of the Constitution and this includes the Governmental and Parliament of India
and the Government and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the Government of India.

SIGNIFICANCE OF PIL
 The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
 PIL is an important instrument of social change and for maintaining the Rule of law and
accelerating the balance between law and justice.
 The original purpose of PILs has been to make justice accessible to the poor and the
marginalised.
 It is an important tool to make human rights reach those who have been denied rights.
 It democratises the access of justice to all. Any citizen or organisation who is capable can
file petitions on behalf of those who cannot or do not have the means to do so.
 It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
 It is an important tool for implementing the concept of judicial review.
 Enhanced public participation in judicial review of administrative action is assured by the
inception of PILs.

CONCLUSION
 Public Interest Litigation has produced astonishing results which were unthinkable three
decades ago. Degraded bonded labourers, tortured under trials and women prisoners,
humiliated inmates of protective women’s home, blinded prisoners, exploited children,
beggars, and many others have been given relief through judicial intervention.
 The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
 The PIL develops a new jurisprudence of the accountability of the state for constitutional
and legal violations adversely affecting the interests of the weaker elements in the
community.
 However, the Judiciary should be cautious enough in the application of PILs to avoid
Judicial Overreach that are violative of the principle of Separation of Power.
 STAGES OF A CIVIL SUIT

INTRODUCTION

To reach the ultimate verdict in a civil case, a variety of procedural stages must be taken. A
claim for damages or compensation for losses is the main focus of civil lawsuits, which are
frequently connected to financial transactions or property disputes.

A civil suit is one in which one or more parties are accused of breaking civil law. Instances of
civil lawsuits arise when one person wrongs another. The parties or litigants, in this case,
relate to both individuals. The settlement of disputes that are not criminal in nature is the
subject of civil litigation. The Code of Civil Procedure, 1908, governs civil court cases.

Any court case that involves disputes between individuals over money or any other injury to
personal rights is known as civil cases.

For a Civil Suit, there are two criterions- the cause of action and the claim for
damages/compensation. The Civil Suit must also fulfill all the conditions laid down in
Section 9 of the Code of Civil Procedure, 1908.

In India, a civil case in initiated when an individual (also known as the plaintiff) claims to
have suffered due to the action of another individual (also known as the defendant) thereafter
filing a complaint. Majority of the suits follow the principles laid down in the Code of Civil
Procedure, 1908.

STAGES OF A CIVIL SUIT:

The following are the most important stages of a suit:

1. Institution of a Suit: The person who wants justice from court has to file a suit
before the competent court.

Order 1 deal with the parties to the suit.

Order 2 deals with framing of the suit.

Order 3 deals with recognized agents and pleaders.

Order 4 deals with institution of the suits.

Order 5 deals with the issue and service of summons.

 Order 6 deals with pleadings generally.

Order 7 deals with Plaint.

Orders from 1 to 7 come into play to bring a suit before a court.

This is the first stage.

Presentation of the Plaint (Order 7 of CPC 1908)

Presentation of the plaint in a court is the initial step of the pleadings in a case. Every suit
commences when the plaintiff files a plaint to the court. The entire judicial system under the
civil law is set in motion by filing the plaint.

The Plaint should consist of the following contents:

 Name of the court where the suit is being brought.

 Name and place of residence of the plaintiff.
 Name and place of residence of the defendant.
 Whether the plaintiff or the defendant is a minor or of unsound mind.
 Facts constituting the cause of action and the time it arose.
 Facts showing the court has jurisdiction.
 Plaintiff’s claims.
 The damages in case of money suits.
 Proof of the defendant’s liability.
 List of the documents submitted with the plaint.

2. Issue and service of summons:

 After the plaint has been instituted, it is registered before the court and the court
orders that summons shall be issued to the defendant to appear and answer the claim
on day and date specified therein. (Sections 27,28,29 and order 5).
3. Written Statement:
The defendant has to answer the suit. His way of answer is “Written Statement”.
Order-8 explains the procedure of written statement. The defense of the defendant
depends upon the written statement. The defendant can produce the documents and
oral evidence fro his defense.

4. Effect of Appearance and Non-appearance of Parties:

The plaintiff and defendant have to appear before the court either personally or
through his advocate/s. If the plaintiff does not appear before the court on the dates
specified or he is not represented by his advocate, the court may dismiss the suit.
Where the plaintiff presents, but the defendant is not present or his advocate is not
present, then the court may proceed ex parte and pass an Ex-parte Order. (Order 9)

5. Discovery:
Every party to a suit is entitled to know the nature of his apparent case, so that he may
be able to put forth a proper reply to it. If the pleadings are not clear and do not
disclose the real state of affairs, if there is some ambiguity, a party is entitled to obtain
further information from the other side by serving interrogatories. ‘Discovery’ means
to disclose all the material facts which constitute a case and all cases necessary to
support his opponent’s case.

6. Settlement of Issues:
After filing the written statement, the stage is “Settlement of Issues”. By the
settlement of issues, the court comes to a position to find out the real question is
controversy between the parties. If the court finds that the parties are not at issue on
any question of law or fact it may at once pronounce the judgment. If the court finds
that pleadings are not clear on certain point, it may examine the parties. (Order 14)

7. Trial:
The trial of a case begins with the production of evidence by the parties to the
defendant, who produces the evidence and witnesses, whom the court examines. After
production of evidence, chief examination, cross-examination and re-examination are
the important stages in trial. After this stage, the court concludes the evidences. The
advocate of the plaintiff first places his arguments before the court. (Orders 10,12,13,
and 15 to 19).

8. Judgment:
After the case has been heard, the court shall pronounce judgment in open court either
at once or on some further date, of which due notice shall be given to the parties or
their pleaders (Order 20- Rule 1 to 6-B and 20).

9. Decree:
 After the judgment is pronounced, the successful party applies to the court for the
drawing up of the decree which is drawn up by an officer of the court. The decree
shall agree with the judgment. (Order 20 Rules from 7 to 20).

10. Execution:
It is the enforcement by the process of the court of its own decrees and orders. It is the
final stage of the suit. The successful party makes an execution application for
enforcement of the decree. (Section 36 to 74)(Order-21)

CONCLUSIONS

Unlike the criminal cases which aim at serving punishments, a civil suit pursues
compensation. It should also be kept in mind that prior to the final arguments; the
parties have a chance to make changes to their pleading. In such cases, prior
permission of the court is necessary. However, if the above-mentioned procedure is
not followed then the registry has the right to dismiss the suit.
 TYPES OF WRITS

WHAT IS WRIT?
Writs are a written order from the Supreme Court or High Court that commands
constitutional remedies for Indian Citizens against the violation of their fundamental rights.
Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen
can seek from the Supreme Court of India and High Court against the violation of his/her
fundamental rights.

TYPES OF WRITS
The Supreme Court of India is the defender of the fundamental rights of the citizens. For that,
it has original and wide powers. It issues five kinds of writs for enforcing the fundamental
rights of the citizens. The five types of writs are:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

HABEAS CORPUS.
It is a real sense signifies “to have a body of”. This writ is utilized to deliver an individual
who has been unlawfully confined or detained. By ideals of this writ, the Court coordinates
the individual so confined to be brought before it to analyze the legitimateness of his
detainment. Assuming the Court reasons that the detainment was unlawful, it guides the
individual to be delivered right away.
Conditions of unlawful detention are: The confinement was not done as per the method set
down. For example, the individual was not created before a Magistrate within 24 hours of his
arrest. The individual was captured when he didn’t abuse any law. A capture was made under
a law that is illegal.
This writ guarantees a quick legal audit of the supposed unlawful detainment of the detainee
and prompt assurance of his entitlement to opportunity.
In the case of #Bhim Singh v State of J and K, Bhim Singha a MLA of State of J and K was
improperly captured and confined in the police headquarters and was kept from going to the
State Legislative Assembly. The Court granted an amount of Rs.50,000 to the applicant as
pay for the infringement of his Constitutional right of individual freedom under Art. 21.

MANDAMUS
A writ of mandamus, which in Latin signifies “we order, or once in a while “we
command”, is the name of this right writ in the common law. It is given by a better court than
force a lower court or an administration official to perform obligatory or absolutely
ecclesiastical obligations accurately.
Mandamus is an order by the Supreme Court or High Courts to any open power to do or not
to accomplish something in the idea of public obligation. It is given against the people or
specialists who neglect to play out their compulsory obligations. For the motivation behind
giving writ of mandamus, the official should have a pubic obligation and should neglect to
perform such obligation. The candidate of this writ should likewise have the option to
constrain the presence of some obligation cast upon the power.
In the case of #Barada Kanta Adhikary v. The State of West Bengal. It was held that the writ
of mandamus doesn’t lie against a private individual or private association since they are not
dependent on a public obligation.

QUO-WARRANTO
It signifies ‘what is your authority?’ It is an Order scrutinizing the authority of an individual
holding a public office. It is given against the holder of a public office calling upon him to
show with what authority he holds such office. The object of this writ is to control the
leader’s activity in making arrangements to the public workplaces and furthermore to shield
general society from usurpers of public workplaces.
In the case of # K.Bhima Raju v State of Andhra Pradesh, the Government pleader was
named contrary to the principles. The solicitor documented a writ of Quo Warranto. The High
Court suppressed the arrangement of Government Pleader on the ground that the arrangement
was not made as per rules.

PROHIBITION
It signifies ‘to prevent. Each Court is relied upon to act inside the restrictions of their
purview. A writ of preclusion is given to keep a substandard Court or Tribunal from
surpassing its locale, which isn’t legitimately vested, or acting without a ward or acting
contrary to the standards of common equity. The writ of Prohibition can be given against the
Courts as well as against the specialists practicing legal or semi-legal capacities.
When can a Writ of Prohibition be granted?
When the inferior Court or quasi-judicial authority exceeds its jurisdiction. When the inferior
Court acts without lawful jurisdiction. When the inferior Court or quasi-judicial authority
acts against the rule of natural justice. When there is an apparent error on the face of the
judicial record.

When is the Writ of Prohibition not issued?

At the point when the Court acts inside its legitimate ward. At the point when the Court
notices standards of normal equity.

CERTIORARI
It intends ‘to certify’. Certiorari is a curative writ. It is an Order by the Supreme Court or the
High Courts to a substandard Court to eliminate a suit from such second rate Court and
mediate upon the legitimacy of the procedures or to suppress the Orders of the sub-par Court.
Writ of Certiorari can be given against any second rate Courts as well as against a body
practicing legal or semi-legal capacities. This writ is given under the administrative or unique
ward and not under the redrafting purview. Any individual whose central right is abused can
apply for a Writ of Certiorari.

When a writ of Certiorari can’t be allowed?

To eliminate pastoral demonstrations. To eliminate or drop leader acts. To pronounce an Act
as unlawful or void.

CONCLUSION
The privilege to protected cure is a piece of our fundamental construction and it can never be
repealed. Our Constitution has conceded the preeminent ability to give the writ to the
Supreme Court and the High court according to Articles 32 and 226 individually.
Writs are formal written petitions given by the courts to enforce the right to constitutional
remedies in instances of fundamental rights violation. The Supreme Courts and High Courts
of India are authorized by Article 32 and Article 226 respectively from the Indian
constitution. It is interesting to note that writs were adopted from the British law, in which
they were known as “Prerogative Writs”