Drafting Pleading and Conveyance

Group – A

1. What is drafting?Discuss the principles of drafting?

Ans - Drafting is a science and can be acquired only by long practice. In simple terms,
drafting refers to the act of writing legal documents. The key feature of drafting is that it
presents a brief knowledge about the significant facts of the situation or issue. Drafting
demands a lot of skills combined with patience from the advocates. A properly drafted
document aims at accuracy and truth.

The whole process of drafting should follow three drafts before it is ready to be presented
before the authority. These drafts and their purposes are:-

● The first draft:- Aims at the comprehensiveness and fullness of the facts.

● The second draft:- Aims at the improving of the first draft by the correction of the form and
the language by a considerable amount of trimming.
● The final draft:- As the name suggests, it aims at giving a final touch and the finish up to
make the document authoritative and able to convince.

  What is a “draft” ?
In a general sense, it is an outline of a document or of something that needs to be done. One
may prepare it as a rough sketch of a document from which a final document is prepared.

Terminology

Draftsman: One who draws documents like a will, gift deed etc.

Dragoman: One who interprets pleadings and other writings.

The process of drafting is generally governed by 4 principles:

● Formation of outline in a satisfactory manner: -“the draft is the skeleton of a document.”

This statement suggests that the prepared draft should be elaborate and should address all
important issues. In a nutshell, a draft should be:
o As detailed as possible
o Not be vague
o Able to fulfill the consideration of relevancy, content unity, chronology and
coherence.
o Such that every paragraph should contain one major point.

● Emphasis on the arrangement of facts: – A deep emphasis should be put on the manner in
which the facts of the case are arranged. The facts should be arranged step by step to reflect
 an organized analysis of the problem. There must be uniformity and consistency in the
presentment of ideas.

● Style and language: – Style is an important factor for the transport of ideas. A clear
presentation is an essential requirement for clear thinking. The style should be simple with
the most appropriate use of legal terms that would convey the facts in a precise and simple
manner. The language too should be simple and faultless. Illogical paragraphing, poor
punctuation, incorrect spelling and other such language that virtually render a promising
document to be worthless shall be avoided. Repetitions should be avoided.

● Physical characteristics: – The draft should be typed on standard quality paper (20 by 30
cms) with margins of 4 cms. at the top and left side and 2.5 to 4 cms. on the right side and
bottom.

Other physical characteristics include:-

● Numbering of each page

● Numbering of preliminaries in Roman Numbers  (i , ii , iii)  and Main Text in Arabic  (1, 2, 3
etc.)
● Number of pages should appear in the upper right corner 2.5 cms., from the top and side
● The body  of the document to be double spaced normally.
● Each paragraph should be intended 5 spaces and every paragraph should be numbered.
● All sheets to be strongly tied together.

Rules of “Drafting.”
Following set of rules should be followed: –

● Before making a draft, a design of it should first be conceived.

● One should make sure that none of the facts are omitted or admitted at random.
● Negative statements should generally be avoided.
● Technical language should be followed.
● The legal language employed should be precise and accurate.
● Draft should be readily intelligible
● Due care and attention should be placed on the rules of legal interpretation and the case law
pertaining to the related matter.
● The drafted document should be clearly understood by a person who has competent
knowledge of the subject matter.
● The draft should be self-explanatory as far as possible.
● The draft should be divided into paras and each para should contain a distinct subject
matter.
● Arrangement of facts should be done logically
● Use numbers and letters for sub-clauses and paragraphs.
● Choices of words should be such that they easily convey the meaning of the writer.
● The words used should reflect politeness in order to convey more in a kind, natural and
justifiable manner.
● The draft should be read once or twice before passing it for consideration
 2. Draft a writ petition?

Ans - IN THE HIGH COURT OF PUNJAB AND HARYANA

(EXTRAORDINARY CIVIL JURISDICTION)

CIVIL WRIT PETITION NO. ------------OF 2010

IN THE MATTER OF :

Fatehpal Singh Singh

R/o Panchkula

PETITIONER

VERSUS

1. Union of India

Through its Secretary

Govt. of India New Delhi

2. Bar Council of India

Through its Chairman

New Delhi.

RESPONDENTS

AND IN THE MATTER OF :

Article 14 read with Article 19 (1) G

AND IN THE MATTER OF:

Article 246 read with entry 77 list 1, 7th schedule.

AND THE MATTER OF:

Denial of the right to practice as provided in the Advocates Act, 1961

provisions: Section 2 (1) A, Section 24 (1), Section 24 (3) and Sections 29, 30 and 33.

AND THE MATTER OF:

Civil writ petition under Article 226 of Constitution of India Challenging

the arbitrary and unreasonable actions of the Bar Council of India in laying down rules to

conduct the Bar Exams to grant the Right to Practice of enrolled Advocates.

TO,

THE HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUSTICES OF THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH.

The petitioner above named most respectfully S H E W E T H:-

1. The petitioner is a citizen of India. He was born on 24th October 1983 ( Twenty Forth

October Nineteen Eighty Three).

2. The Petitioner has passed his B.A., LL.B Degree from Nalsar Law University, Hyderabad

on May 25th, 2010. He has further been admitted to the rolls of the Bar Council of

Punjab and Haryana (Check name) on 1st of June 2010. The true copies of the provisional

certificates and marks statement of the petitioner in respect of his B.A., LL.B Degree are

marked as Annexure-A. His certificate of enrollment is marked as Annexure – B.

3. Respondent No. 1 is the Union of India through The Secretary, Ministry of Law and

Justice, responsible under the Constitution for lay down legislation related to the

practice of law and the conduct of advocates.

4. Respondent No. 1 appoints Commission and Committees to advise it on the national

pattern of legal education general policies for the development of legal education,

legal petition and law as a whole in all stages.

5. Respondent No. 1 is also responsible under the Constitution for the administration of

the Union Territories and has executive and legislative authority for all subjects

including reforms and legal education.

6. Respondent No. 2 is a body created in furtherance of the provisions of the Advocates

Act, 1961. Its primary responsibility is to the determine and co-ordinate the stands of

legal education in the Country and law down qualifications and conditions necessary for

enrollment to the State Bar Councils in the Country.

7. It is respectfully submitted the all the above name Respondents have to Act in co-

ordination with each other in order to ensure fair an uniform system for the legal

profession as envisaged by national policies and National Knowledge Commission.

8. That around 14 December 2009, the Hon’ble Supreme Court in Union of India v. Bonnie

Foi Law College and Ors., SLP No 22337/2008 had asked the Union of India about the

conducting of such Bar Exam. The Hon’ble Chairman of the Bar Council of India, then

acting as the Solicitor General of India for the Union of India, had submitted that a three

member panel had been formed to see the viability of the exam and the manner in

which it ought to be conducted. He also submitted to Court that a Directorate of Legal

Education would come into force by the 31st of December 2010. A copy of the Order of

the Supreme Court is marked as Annexure C.

9. Respondent No. 2 adopted a resolution on 10th April 2010 to conduct an All India Bar

Exam. The exam was to be conducted so that the passing of the same would entitle an

advocate to practice law in India. No official news of the same resolution was published

until and around the 2nd of June 2010 where in the news of the resolution and the draft

rules were put up on the website of Respondent No. 2. A copy of the draft rules and

resolution as available on the Bar Council of India website as late as 27th June 2010 is

marked as Annexure –D .

10. That on the 2nd of June, 2010, newspapers reported that an All India Bar Exam would be

conducted and that private legal consulting firm Rainmaker would be in-charge of

conducted the exam. That presentations were also made by the firm as to how the

exam would be conducted. A copy of the newspaper items is marked as Annexure – E. A

copy of the presentation made by consulting firm Rainmaker about the conduct of this

exam is marked as Annexure- F.

11. Till the 12th of June, 2010, no official notification was passed regarding the conduct of

the exam and the petitioner’s future along with other law students was left hanging till

such time. On the 12th of June, the said draft rules on the website of Respondent No. 2
were notified.

12. As the delayed notification of the exam came as a sudden shock to the Petitioner’s

future, he was further informed that he wouldn’t be able to practice or appear in Courts

till such time he passed the exam. In effect, he would be unemployed or under a senior

without a source of income till the passing of such exam. The source of such information

was the website of respondent No. 2 that in the Frequently Asked Questions (FAQ’s)

page categorically stated that all those persons graduating in the academic year 2009-

2010 have mandatorily to pass the bar exam before they will be permitted to practice

the profession of law. Moreover, that the qualification of passing the Bar Exam shall not

apply to those persons who have graduated prior to 2009-2010. A copy of the same is

attached herewith as Annexure G.

13. That the petitioners herein have graduated from one of the premier law institutes in the

country. Moreover, that throughout the course in law school, the petitioners have

mandatorily been made to undergo several internships at law firms, corporate house,

and lawyers.

14. In view of the enrollment procedure provided by the State Bar Council and the Advocate

Act, The petitioner enrolled as an Advocate on the state rolls on 01 June 2010.

15. The Petitioner met the qualifications prescribed to be enrolled and entail a right to

practice under the Advocates Act, 1961 and paid the required fees for the purposes of

enrollment which was completed on 2nd June 2010. The petitioner’s name was

subsequently entered on the state rolls of Punjab and Haryana Bar Council.

16. The present petition raises vital questions of public as well as private importance for

determination by this Hon’ble Court. The vital question of law involved concerns the

career of a large number of young students who in spite of economic and financial

difficulties have obtained their education.

17. This petition also raises the question of the definition of an ‘Advocate’ as per the

Advocates Act, 1961.

18. The present petition also raises a cry on the ground of restriction of the Right to Practice

which is adversely oppressing his Right to Work.

19. The impugned rules of the Bar Council of India is ultra vires the Constitution and the

Advocate Act, 1961, arbitrary, discriminatory, unreasonable, unjust, invalid and unfair
and following amongst others

GROUNDS

A. That Section 24 of the Advocates Act, 1961 (the Act) deals with enrollment of

Advocates, and that Section 24 of the Act is further subject to other provisions of the

Act and the Rules framed there under.

B. That as per the three – member Committee report submitted by the Chairman of

Respondent No. 2 to the Hon’ble Supreme Court, at page no. 54, the Chairman has

categorically stated that the requirement to clear the Bar Exam shall be introduced only

by means of a statutory amendment.

C. That Respondent No. 2 is not empowered under its constituent statute to conduct a Bar

Exam. As such, only the Law Ministry may prescribe the requirement of an All India Bar

Exam, and not Respondent No. 2. The object and purpose of the establishment of

Respondent No. 2 is to deal with only those classes of persons qualified as advocates,

and not those who are in the process of qualifying.

D. That the Rules issued by Respondent No. 2 are arbitrary and devoid of any logic,

inasmuch as they specify that only those graduating in the academic year 2009-2010 are

required to pass the Bar Exam. As such, the object of the Act and the Notice is to

regulate and raise the level of those persons permitted to practice law. Adopting this

stance, the Petitioner has passed his B.A., LL.B Degree from Nalsar Law University,

Hyderabad on May 25th, 2010. He has further been admitted to the rolls of the Bar

Council of Punjab and Haryana on 01 June 2010. The true copies of the provisional

certificates and marks statement of the petitioner in respect of his B.A., LL.B Degree are

marked as Annexure-A. His certificate of enrollment is marked as Annexure – B.

E. That the Respondents have willingly delayed the issuance of the notice. The Ministry of

Law and Justice and Respondent No.2 have been in talks since January 2010 regarding

the possibility of holding an All India Bar Exam, but an official statement was only

released as late as June 2010. Moreover, the Rules were released as a draft on June 2,

2010, specifying that the date of the exam is scheduled for December 5, 2010. As such,

those graduating in 2009-2010 will be denied the right to perform official legal work by

virtue of the notice. Such draft rules were notified only on the 12th of June 2010.

F. That several persons graduating in 2009-2010 have already enrolled themselves at

several State Bar Councils. Though Section 30 of the Act is subject to other provisions

and Rules framed under the Act, there exists no post enrollment qualification to be

fulfilled prior to which such persons will be allowed to practice law.

G. That having once cleared the requirements of Section 24 of the Advocates Act, 1961, the

Petitioner has a right to practice as laid down under Section 30 of the said Act and there

can be no further qualifications prescribed. The process of prescribing a post enrollment

Bar Exam without having a corresponding Section in the Act would have the effect of

denying any vested rights that would have accrued to those persons already enrolled.

H. That the right to practice and conditions pertaining thereto are contained in Chapter IV

of the Advocates Act, 1961, whereas the rule making power of the Respondents is contained in
Chapter VI of the said Act. Moreover, that Chapter IV is an exhaustive, exclusive code in itself, being
more specific in character, and thus cannot be governed

by the provisions of Chapter VI of the said Act.

I. That the conduct of Respondent No. 2 has been haphazard inasmuch as all the notices and
clarifications have been issued, in June 2010, which is a mere month prior to the commencement of
work for most 2010 graduating law students, and considering this,

none of them will be allowed to work in the capacity of ‘advocates’, but will be put in the same
position as interns.

J. That on enrollment, one of the rights that accrues to a person is the right to practice.

Thus, the notice cannot have retrospective effect of denying any such rights that may

have accrued to those persons enrolled.

K. That Section 30 of the Advocates Act gives a right to all registered under S.24 of the act

with their names on the state rolls to practice though out the territory to which the act

extends thus vesting a right upon those registered as advocates nemo potest mutare

consilium suum in alterius injuriam therefore no one is allowed to change his mind to

the injury of other. So the legislature should also not change its mind to prejudice of a

vested right. This can only be taken away by amending the act by the legislature.

L. That the Petitioner has passed his B.A., LL.B Degree from Nalsar Law University,

Hyderabad on May 25th, 2010. He has further been admitted to the rolls of the Bar

Council of Punjab and Haryana on 01 June 2010. The true copies of the provisional

certificates and marks statement of the petitioner in respect of his B.A., LL.B Degree are

marked as Annexure-A. His certificate of enrollment is marked as Annexure – B.

M. Whereas the power of a rule making authority is conferred for promoting the policy and
purpose of the act and the power cannot be used for any extraneous or irrelevant

purpose such a over ridding the provisions of the parent act. This power cannot be

exercised in such a way as to bring into existence substantive rights or disabilities not

contemplated by the parent act itself.

N. Further the Bar exams were expressly excluded from the preview of the Act in 1973.

Clearly a rule including them again is beyond the rule-making power of the Ba Council.

Whereas in the final report of the 3 member committee on reform of legal education it

has been submitted in its conclusion and recommendation on page 54 that “The

Committee is therefore, of the opinion that qualifying a bar examination should be

made a requirement prior to admission to the Bar by all State Bar Councils across the

country. In light of the decision of the Supreme Court in the V. Sudeer case, such a

requirement may be introduced in the Advocates Act, 1961 by means of a statutory

amendment.”

O. Whereas the Supreme Court has in several cases has restricted a rule making body from

making rules with retrospective effect.

P. Whereas Chapter III of Part VI of the Bar Council India Rules bare the intent of being

rules governing misconduct and discipline and not enrollment conditions as advocates

as they law no bearings to S.24 and S.30. The intent of the act under s.49 1(ah) is to

provide penal authority to the bar council for disciplinary proceedings and not powers

to evaluate the educational quality.

Q. Whereas the standard of education under S.49 1(j) can be affected only if they have but approved
by the Chief Justice.

R. That the role of examinations can be to the academic/intellectual/physical capability of

the person undergoing it for which had been provided for in S.24 sub-section 1 clause

(d) which has been omitted by Act 60 of 1973,S.18(w.e.f. 31-1-1974).

S. That such a discrimination is only put against students joining the profession and not

other class of people such as judicial officers who also are permitted to join the

profession. Taking an exam for the right to practice whereby making an exclusive right

for the students graduating in the year 2009-2010 or making it mandatory for anyone

who wishes to join the profession this year. Thereby giving preferential treatment to

judicial officer retiring this year or who wish to join the profession.
T. That if the Bar exams are to take place it shall change the definition of Advocate under

S.2(a) of Advocates Act,1961 also will have change S.24 Person who may be admitted as

advocates on State roll.

U. Whereas the role of the State roll under S.30 and Enrolment under S.24 of the Act shall

be omitted by the Right to practice by the Bar Council Rules 9 to 11 in Part VI, Chapter III

of the Bar Council of India Rules – Conditions for Right To Practice – under Section

49(1)(ah) of the Advocates Act, 1961] giving it authority over the Advocates Act, 1961.

17. The Petitioner has no other efficacious remedy except to approach this Hon’ble Court.

18. The Petitioner has not filed any other similar petition either before this Hon’ble Court or

before the Supreme Court of India.

19. The Petitioner craves leave of this Hon’ble Court to amend or add to the grounds if so

required.

20 The Petitioner is a resident in the State of Punjab and his name is on the roles of the Bar

Council of Punjab and Haryana. This Hon’ble Court has therefore jurisdiction to entertain and

try this petition.

21 There has been no undue delay in filing of this petition.

22. The requisite court fees of -----------has been affixed on this petition.

PRAYER:

The Petitioner most humbly prays that this Hon’ble Court may be please to:

a) Declare the impugned rules framed by Respondent No. 2 as invalid, unconstitutional

and arbitrary;

b) Issue appropriate writ in the nature of mandamus directing the Respondents to grant

the Right to practice to the Petitioner; and

c) Issue any other further order/orders or direction/directions as this Hon’ble Court may

deem fit and appropriate on the facts and in the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER PRAY.

PETITIONER

THROUGH

CHANDIGARH ADVOCATE
Dated :

3. Draft a Public Interest Litigation?

Ans - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

(ORIGINAL JURISDICTION)

W.P. No. _____/ 2017

BETWEEN

Ms. X

Aged 34 Years

Residing at: Guliga Ajja Kall Karkera Garden

Near Janatha Kendra, Bolar

Mangalore

Dakshin Kannada District,

Karnataka- 575001 …PETITIONER

AND

1. The State of Karnataka

Department of Law,

Ground Floor, Vidhana Soudha,

Bangalore 560001

Through the Principal Secretary

2. The Health Officer/Registrar of Birth & Death Certificate

Mangaluru City Corporation,

M.G Road, Lalbaug

Mangaluru … RESPONDENT

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

The Petitioner submits as follows:

1. The present petition has been brought by the Petitioner who is a transgender person
challenging Section 15 of The Registration of Births and Deaths Act, 1969 and Rule 11 of the
Karnataka Registration of Births and Deaths Rules, 1999, which provide that correction in a birth
certificate can only be made in accordance with the rules framed by the State Government if it is
proved to the satisfaction of the Registrar that the entry was made fraudulently or incorrectly, or is
erroneous in form or substance. It makes no provisions for an alteration on account of any voluntary
act for change in name and gender by a transgender person. It is, therefore, contended that Section
15 of the Registration of Births & Deaths Act, 1969 violates the Right to Life and Gender Identity of
the Petitioner guaranteed under articles 21 and 19 of the Constitution. The impugned Section and
Rule should be read down so as to include the option of change of name and gender by a person
voluntarily. The Petitioner is also approaching this Hon’ble Court against the inaction of the 2nd
Respondent in not issuing to the Petitioner a new birth certificate reflective of her change of name
and gender identity. This is in complete violation of the fundamental rights to life, equality and
gender identity of the Petitioner and her right to live a dignified life and to have her privacy
protected under Articles 14, 15, 19(1)(a) and 21 of the Constitution respectively. Being thus
aggrieved by the inactions of the Respondents No. 1 to 5, the Petitioner has filed this petition.

2. The name of the petitioner has been concealed in order to protect the privacy of the
petitioner and the petitioner has filed the present petition under the alias of “Ms. X”.

Brief Facts:

3. The Petitioner is a male-to-female transgender person. She was born male on 06/04/1983
and named Bharath Raj at birth.

(A Copy of the Petitioner’s certificate of Birth bearing Registration No. 557, registered on 20.04.1983
recording the date of Birth, gender and name assigned to the petitioner at birth is annexed hereto
and marked as ANNEXURE-A)

4. The Petitioner is also a person belonging to the Billava Community, which has been
recognised as a Backward Class by the Government of India, Ministry of Welfare under Serial No.
155.

(A copy of the Petitioner’s OBC Certificate dated 31.05.2013 bearing No. N132615512 has been
annexed hereto and is marked as ANNEXURE-B)

5. The Petitioner completed her schooling and passed her S.S.L.C. examination in March 2000
and was awarded a S.S.L.C. Certificate by the Karnataka Secondary Education Examination Board, on
30.05.2000. She then completed her Pre-University Education from St. Aloysius PU College,
Mangalore, and was awarded a Pre-University Education Pass Certificate by the Respondent No. 3,
Department of Pre-University Education, Government of Karnataka on 26.05.2002.
(A Copy of the Petitioner’s S.S.L.C. certificate with register number 507906 dated 30.05.2000 is
annexed herein and marked as ANNEXURE – C)

(A Copy of the Petitioner’s Pre-University Education Pass Certificate with register number 600125
dated 26.05.2002 is annexed herein and marked as ANNEXURE – D)

6. It is submitted that in the Birth Certificate of the Petitioner issued by Respondent No. 2 the
name of the petitioner has been recorded as Bharath Raj and the sex of the Petitioner has been
recorded as male.

7. The Petitioner has self-identified as female since a young age. Being conflicted with her birth
gender as male and her gender identity as female, she wished to undergo Sex-Reassignment
Surgery. The Petitioner had subjected herself to psychological evaluation at the KMC Hospital on
16.07.2007 and was found suffering from Gender Dysphoria. The concerned Consultant Psychologist
had recorded that there was no psychiatric contradiction for sex re-assignment procedures in the
case of the petitioner. The Petitioner had further undergone Psychiatric evaluation at the Victoria
Hospital, Bangalore wherein she had stated that she felt like a girl in her body. The same
observations of no psychiatric contradiction for sex re-assignment procedures in the case of the
petitioner were made and the Petitioner was stated to be fit for Sex Re-assignment Surgery.
Subsequently, on 17.04.2009, at 25 years of age, she underwent Sex-Reassignment Surgery from
male to female at the A J Hospital & Research Centre, Mangalore. She was admitted to the hospital
on 13.04.2009 and discharged on 02.05.2009. She successfully underwent Neovaginoplasty and
urethroplasty after phallus reduction and orchidectomy. In addition, the Petitioner also underwent
bilateral breast augmentation with implants and facial feminization procedure.

(A copy of the Certificate issued by the Consultant Psychiatrist, Dr. V.K. Bhat of the KMC Hospital
dated 16.07.2007 issued to the Petitioner is annexed hereto and marked as ANNEXURE –E)

(A copy of the Certificate issued by the Consultant Psychiatrist, of the Victoria Hospital dated
16.06.2008 issued to the Petitioner is annexed hereto and marked as ANNEXURE –F)

(A Copy of the Petitioner’s Discharge Summary from A.J. Hospital & Research Centre dated
22.05.2009 is annexed herein and marked as ANNEXURE – G)

8. It is submitted that the Petitioner has changed her name from Bharath Raj to Ms. X. She had
executed an Affidavit dated 22.02.2008 on a Certified Certificate for a sum of Rs. 20 issued by the
Corporation Bank on Behalf of the Government of Karnataka recording her change of name and
gender. She had subsequently executed an Affidavit with Certificate No. In-KA89656380616444L
dated 03.06.2013 stating that the Petitioner had undergone sex- re-assignment surgery and had
relinquished her previous identity of Bharath Raj and adopted the identity of a female with her name
as Ms. X. The Affidavit was notarized at Mangalore on 03.06.2013. The Petitioner subsequently
issued a public notice regarding the change of name in two newspaper publications, one in English
and the other in the local vernacular language, Kannada. The public notice was issued in English in
the Hindu edition dated 24.03.2008 and in Kannada in the Vijaya Karnataka edition also dated
24.03.2008.
(A copy of the Stamp Certificate for Rs. 20 dated 22.02.2008, recording the name and gender change
of the Petitioner is annexed hereto and marked as ANNEXURE- H)

(A copy of the Affidavit of the Petitioner dated 03.06.2013 recording name and gender change is
annexed hereto and marked as ANNEXURE- J)

(A Copy of the public notice issue in the Hindu dated 24.03.2008 is annexed hereto and marked as
ANNEXURE – K)

A copy of the public notice issued in the Vijaya Karnataka edition dated 24.03.2008 is annexed
hereto and marked as ANNEXURE – L)

9. Pursuant to the Petitioner having undergone sex re-assignment surgery and change in name
and gender, she has been issued an Aadhaar Card, a passport, a Permanent Account Number (PAN),
a passport and a Driving license bearing the current name and gender identity (female) of the
Petitioner. It is therefore submitted that the identity of the Petitioner for all purposes is Ms. X who is
a female in all government records barring the birth certificate of the Petitioner.

(A copy of the Petitioner’s Aadhaar Card bearing No. 905824672024 dated 19.09.2012 is annexed
herein and is marked as ANNEXURE – M)

(A copy of the Passport Number R1218130 issued to the Petitioner on 26.05.2017 at Bengaluru is
annexed hereto and marked as ANNEXURE- N)

(A copy of the PAN No. ADDPU8583C issued to the petitioner is annexed hereto and marked as
ANNEXURE- P)

(A copy of the Driving License bearing No. KA1920140018104 issued to the Petitioner on 19.09.2014
is annexed hereto and marked as ANNEXURE – Q)

10. It is submitted that the Petitioner’s birth certificate still bears her old name and gender
identity, Bharath Raj (male), and is hence inconsistent with her present name and gender identity,
the Petitioner having transitioned to the female gender. However, the government identification
documents of the Petitioner bear her true name and gender identity as adopted subsequent to her
transition. This inconsistency in legal documentation prior to her sex-reassignment surgery, and her
present legal identity, which is also reflected in government identification documents results in
grave inconvenience and hardship to the Petitioner. It leads to a dual life, one on documentation and
one in reality, and this is and can be in the future a cause for harassment and discrimination against
the Petitioner.

11. Pursuant to the Petitioner having undergone Sex Reassignment Surgery, the Petitioner,
seeking to prevent such harassment, embarrassment or discrimination, sent a representation to the
2nd Respondent requesting that the name and sex of the Petitioner on her birth certificate be
changed to reflect her current name and gender (female). However, 2nd Respondent has not
responded nor has he taken any action pursuant to such representation for the change of the
Petitioner’s name and gender on the birth certificate.
(A copy of the Application sent by the Petitioner to the Respondent requesting change in name and
gender on the birth Certificate is annexed hereto and marked as ANNEXURE – R)

(A copy of the acknowledgment receipt for the Application of the Petitioner dated 13.11.2017 is
annexed hereto and marked as ANNEXURE – S)

12. It is submitted that the Registration of Births and Deaths Act 1969 (“Act”) is also extremely
restrictive to the kind of changes that can be made in one’s birth certificate. Section 15 of the Act
provides that the Registrar may only alter an entry of a birth in the register if the same is erroneous
in form or substance or has been made fraudulently at the time of birth. The Section therefore
precludes changes that have been undergone owing to sex change operations as falling within the
purview of the Act.

(A copy of the Registration of Births and Deaths Act, 1969 is annexed hereto and marked as
ANNEXURE – T)

13. Further, under Rule 11(4) of the Karnataka Registration of Births & Deaths Rules, 1999
formulated under the Act states that, “If any person asserts that any entry in the register of births
and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed
under section 15 upon production by that person a declaration setting forth nature of the error and
true facts of the case made by two credible persons having knowledge of the facts of the case.”

(A copy of the Karnataka Registration of Births and Deaths Rules, 1999 is annexed hereto and
marked as ANNEXURE – V)

14. However, the Law Commission of Karnataka published its 24th report on 20.07.2013
wherein it has been recorded that that a citizen has the right to change the name registered in the
birth register and be identified with reference to the name of one’s own choice. Forcing an individual
to be identified with the name assigned to them by others would be a curtailment of their Right to
Life as guaranteed by Article 21 of the Constitution as the name is an expression of the identity of a
person. The Law Commission of Karnataka in its 24th report had therefore in paragraph 25
recommended as under:

“As Section 15 provides only for correction or cancellation of the entry in the register of births and
deaths and does not provide of effecting change of name, the Commission is of the opinion that in
the interest of the general public desiring to change their name the Act should be suitable amended
empowering the State of Karnataka to prescribe a proper procedure for effecting change of name
entered in the register of births and deaths maintained under the Act.”

This recommendation could be read so as to include the change in one’s gender identity as well.

(A copy of the 24th Report of the Law Commission of Karnataka dated 20.07.2013 has been annexed
hereto and marked as ANNEXURE-W)

15. It is submitted that the Petitioner wishes to enter into a marriage with a Dutch national in
the Netherlands and in order for her to be able to enter into a legally valid marriage requires a copy
of her Birth certificate recording her current name and gender. The Petitioner would be severely
disadvantaged and suffer great personal loss and hardship and would be unable to marry the person
of her choice if the change in name and gender identity are not carried out on her Birth Certificate.

16. Being aggrieved by the inaction of the 2nd Respondent in not issuing a new birth certificate
to the Petitioner reflective of her name change and gender identity despite her representation, and
in having no other alternative and equally efficacious remedy, the Petitioner has filed the present
writ petition before this Hon’ble Court. The Petitioner has not filed any other Petition either before
this Hon’ble Court or any other Court in respect of this course of action. The Petition is filed on the
following, among other grounds:

GROUNDS:

17. THAT the Petitioner has the right to a change of her name and gender identity and the
inaction on the part of the Respondents in carrying out such change and the text of Section 15 of the
Act and Rule 12 (4) of the Rules in limiting such change only to errors or fraud is unconstitutional as
it violates the Petitioner’s right to life and liberty guaranteed under Article 21 of the constitution.

18. THAT a Division Bench of the Hon’ble High Court of Gujarat in Mulla Faizal @ Fazilabanu
Suleman Ibrahim Vs. State of Gujarat & Ors. 2000 SCC OnLine Guj 31, allowed the appeal filed by the
appellant who was claiming change of entry in the Register of Births regarding his sex on the basis
that he was born as a natural male child, but his identity had been confused owing to the fact that
his penis was concealed at the time of birth. The Hon’ble High Court held that Section 15 of the Act
provides that a change can be made if it is proved to the satisfaction of the Registrar that any
register kept by him under this Act is erroneous in form or substance…and in giving such an
expansive interpretation directed the authorities to conduct an enquiry and change the name and
sex of the Petitioner.

19. THAT the Hon’ble Supreme Court in National Legal Services Authority v. Union of India
(2014) 5 SCC 438 (hereinafter referred as “NALSA”) recognized the right of persons to self-identify
their gender as man, woman, transgender or other identified categories. Noting gender identity to
be one’s deeply felt internal and individual experience of gender, the Hon’ble Court recognized that
this includes “the personal sense of the body which may involve a freely chosen, modification of
bodily appearance or functions by medical, surgical or other means and other expressions of gender,
including dress, speech and mannerisms.” Therefore, a change in the name and gender as assigned
at birth and recorded on the birth certificate is essential to transgender persons leading a dignified
life, for to deprive them of the option to get their Birth Certificate altered to reflect their true name
and gender does not only impose an arbitrary condition contrary to the decision in NALSA (supra),
but also subjects them to a life without their true identity and is thus violative of Articles 14, 19 and
21 of the Constitution.

20. THAT the Hon’ble Supreme Court in NALSA recognized the discrimination faced by
transgender persons and ruled that discrimination on the ground of gender identity violates Article
14 of the Constitution by impairing equality before law and the equal protection of the law. The
Hon’ble Supreme Court noted that, “(d)iscrimination is so large and pronounced, especially in the
field of health care, employment, education, leave aside social exclusion” and also that “non-
recognition of identity of Hijras/transgender persons results in them facing extreme discrimination in
all spheres of society, especially in the field of employment, education, healthcare etc.” It is
submitted that the act of the Respondent in not issuing new birth certificate to the petitioner which
reflects her change of name and gender results in grave inconvenience to the Petitioner who has
undergone sex-reassignment surgery and has changed her name and gender identity from that
assigned at birth. The ruling of the Hon’ble Supreme Court seeks to prevent discrimination on
grounds of gender identity, which puts persons through "immense stress, trauma, humiliation and
embarrassment".

21. THAT the Hon’ble Supreme Court in NALSA also observed that any discrimination on the
ground of ‘sex’ under Article 15 and 16 includes discrimination on the ground of gender identity. The
Court observes that both biological characteristics such as genitals, chromosomes and secondary
sexual features, as well as gender attributes such as one’s self-image and the deep psychological and
emotional sense of sexual identity and character, constitute distinct components of sex. It is
submitted that section 15 of the Act which limits alterations in the Birth Certificate only to instances
of error or fraud and the inaction of the 2nd Respondent inaction in issuing a new birth certificate
reflecting the current sex and name of is the Petitioner amounts to discrimination against the
Petitioner on the basis of sex and is therefore violative of Article 15 and 16.

22. THAT the Hon’ble Supreme Court in NALSA ruled that the “values of privacy, self-identity,
autonomy and personal integrity are fundamental rights guaranteed to members of the transgender
community under Article 19(1)(a) of the Constitution of India and the State is bound to protect and
recognize those rights.” It is submitted that the decision to undergo sex-reassignment surgery is one
of the Petitioner’s free will and that which must be respected and protected by the Respondents. In
ignoring the request of the Petitioner’s to change her name and gender on her birth certificate, the
Respondents are not recognizing the Petitioner’s right to self-identify as a female with a new name.

23. THAT the Hon’ble Supreme Court in NALSA ruled that gender being a core and integral part
of a person’s identity, the “non-recognition of gender identity is, therefore, part of right of dignity
and freedom guaranteed under our constitution.” Thus, the Hon’ble Supreme Court has ruled that
recognition of gender identity is at the heart of Article 21 and the fundamental right to life with
dignity. It is submitted that the act of the 2nd Respondent results in violation of this fundamental
right to life with dignity of the Petitioner by forcing her to live dual lives, one on paper with her old
identity as male with the name of Bharath Raj and the other, the present life and gender identity as
female with the name Ms. X. The incongruence between the name and gender identity on the birth
certificate of the petitioner and the identification documents issued to the petitioner by the
Government of India, including the Aadhaar Card, Passport, PAN card and Driving License, wherein
her new name and gender identity has been recorded, leads to the Petitioner facing several
questions, harassment, embarrassment and discrimination. It is thus a violation of her right to life
with dignity and personal liberty and is thus violative of her rights under Article 21 of the
Constitution.
24. THAT the Hon’ble Supreme Court of India in Justice K. Puttaswamy (Retd.) & Anr. v. Union of
India & Ors. 2017 SCC OnLine SC 996 has recognized the right to privacy as one of the facets of the
right to life and dignity. The right to identity, personal autonomy and the right to be left alone, all
form a part of this right to privacy that is infringed by implementation of the Act. In the NALSA
judgment, the Supreme Court of India held that Article 21 of the Constitution protects one’s right to
privacy. This has been recognized by the 9 judge Supreme Court bench in Justice K. Puttaswamy
(Retd.) (supra) wherein the Hon’ble Supreme Court has held that the NALSA judgment indicated the
rational for grounding the right to privacy in protection of gender identity in Article 15, and that the
intersection between Article 15 and 21 “locates a constitutional right to privacy as an expression of
individual autonomy, dignity and identity.” It is submitted that the restrictive language of Section 15
of the Act and the inaction on the part of the 2bd Respondent in not issuing a new birth certificate to
the Petitioner results in the subsequent invasion of privacy of the Petitioner who is forced to disclose
her past identity of being male and having a different name and not living as per her true identity.
This is a direct violation of her fundamental right to privacy under Article 21 of the Constitution.

25. THAT the act of the 2nd Respondent in not acting upon the Petitioner’s request results in
violation of her right to self-identify her gender identity. The Hon’ble Supreme Court in NALSA
concluded that discrimination on the basis of sexual orientation or gender identity would include any
discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing
equality by the law or the equal protection of laws guaranteed under the Constitution. It is
submitted that the act of the Respondents in not responding to the request for issue of a new birth
certificate by the Petitioner is in direct violation of the operative directions of the Hon’ble Supreme
Court in NALSA. The Hon’ble Supreme Court directed that “(t)ransgender persons’ right to decide
their self-identified gender is also upheld and the Centre and State Governments are directed to
grant legal recognition of their gender identity such as male, female or as third gender.” The act of
the Respondents in refusing the grant legal recognition of the Petitioner’s gender identity is in direct
violation of the Supreme Court’s ruling.

26. THAT the Madurai Bench of the Hon’ble Madras High Court in a decision dated 28.08.2014 in
S. Swapna (Transgender) vs the State of Tamil Nadu W.P.(MD)No.10882 of 2014, dealing with the
question of name and gender change in educational certificates has ruled that in cases where
transgender persons undergo sex reassignment surgery and make applications for change of name
and sex in relevant records, especially on the basis of documents such as the certificate issued by a
medical officer, there the concerned departmental authorities must make the changes in the
records. The Hon’ble Court directed the respondents to make the appropriate changes in all the
relevant records, and stated:

“The regulations were all made long back without seeing the future developments. When a
transgender undergoes a sex reassignment surgery and makes an application thereafter for change
of name and sex in the relevant records on the basis of various documents including the certificate
issued by the Medical Officer, the concerned authorities are expected to verify the records and make
consequential changes in the concerned records. The petitioner cannot be dragged from pillar to
post on the ground that there are no rules permitting such changes in educational records. The
petitioner has produced sufficient documents to prove her identity. The application should have
been considered on merits by the third respondent. The authorities in a case of this nature must
extent their helping hand to a transgender rather than denying the relief on technical reasons. I am
therefore of the view that the third respondent erred in rejecting the request by the petitioner.”

If this is the ruling of the Hon’ble Madras High Cpurt, then the same guidelines can be applied for the
reading down of Section 15 of the Act so that it may be read to include all alterations to one’s birth
certificate to reflect the voluntary change of name and gender identity.

27. THAT in K.Prithika Yashini vs The State of Tamil Nadu and Ors. 2015 SCC OnLine Mad 7054
the Hon’ble Madras High Court dealt with a similar case of a transgender person seeking change of
name in all certificates and records after sex-reassignment surgery (male-to-female). The Hon’ble
High Court relied on the judgment laid down in S. Swapna (supra) and stated that the petitioner was
entitled to have her name changed on educational certificates on account of the sex re-assignment
surgery which has been recognized and certified. The Hon’ble Court observed that while in S.
Swapna’s (supra) case the applications for change of name were rejected, in this case it was pending
with no acknowledgement by the respondents, and still ruled that the appropriate changes must be
made. It is submitted that the 2nd Respondent has not acknowledged or responded to the
representation made by the Petitioner.

28. THAT in the case of K. Gowtham Subramaniyam vs The Controller of Examination W.P. No.
7536 of 2017, the Hon’ble Madras High Court reiterated the above rulings. In this case, the
Petitioner was a female-to-male transgender person, who upon requesting his educational
institutions for change of name after his sex re-assignment surgery was asked by the respondent
institution to get a certificate from a District Magistrate as mandated under the Transgender
(Protection of Rights Bill, 2016). The Hon’ble High Court noted that the Bill was not in operation, and
that where the petitioner had submitted sufficient documents such as the medical certificates and
the government identity card, Aadhaar, in the present name, there was no impediment on the
educational institutions making necessary changes in the certificates based on the Petitioner’s
representation.

29. THAT an expansive reading needs to be given to Section 15 of the Act to include changes to
be made to one’s Birth Certificate for the inclusion of one’s new name and gender which was even
recommended by the Law Commission of Karnataka in its 24th Report dated 20.07.2013 in order to
enable a person desirous of name change to be able to do so and had recorded as under:

“Article 21 guarantees the right to a decent living, right to one’s identity being the basic necessity in
a civilized society. Therefore, it is obvious that every citizen has a right to be identified with
reference to a name of one’s own choice. It being a very well recognized right of a citizen it cannot
be curtailed by insisting that he should be known by the name given to him by others when he was a
minor and therefore, it is obviously without his consent. He having the right to be known by the
name of his choice cannot be made to suffer with the name given to him by others without his
consent. Denial Deprival of such valuable right to one’ s own name is not just, fair or reasonable.”
30. THAT international jurisprudence on the question of change of name and gender on birth
certificates has evolved in favour of transgender persons to ensure that they are provided the option
to get all legal documentation altered to reflect their true name and gender. The law in each state in
the United States of America recognizes the significance of a name and gender change on a legal
document as crucial as a birth certificate and permits transgender persons to change their name and
gender after tendering a request for the same and providing additional documents in support of
such request as per the law in the respective States. In Re Petition for Change of Birth Certificate, 22
N.E. 3d 707 (Ind. Ct. App. 2014) the Court of Appeals in Indiana in December 2014 allowed for a
change in name and gender in the birth certificate of a transgender person and clarifying the process
for the same recorded as under:

“Though never addressed by this court, the amendment of a birth certificate with respect to gender
is not novel. The vast majority of states, including Indiana, have allowed it in practice for some time.
See In re Heilig, 816 A.2d 68 (Md. 2003) (recognizing that, at the time, twenty-two states had
enacted statutes expressly enabling such amendments and twenty states had statutes dealing
generally with amendments to birth certificates; only Tennessee statutorily forbade an amendment
as to gender). See also Dean Spade, Documenting Gender, 59 Hastings L.J. 731, 768 (2008) (forty-
seven states allow gender reclassification on birth certificates (Idaho, Ohio, and Tennessee do not)
twenty-eight of these states “specifically authorize gender reclassification by statute or
administrative ruling, while the other nineteen have no written rule stating that they allow sex
designation change, but in practice do provide sex designation change upon application”)

31. THAT The United Kingdom’s Gender Recognition Act, 2004 enables a Transgender Person
who has been living in their preferred gender identity for two years or more to obtain a Gender
Recognition Certificate (GRC) on the basis of which a legal change in gender may be granted and a
new birth certificate shall be issued to the person recording their new name and gender.

32. Thus, it is submitted that by not permitting the change of name and gender to be carried out
in her birth certificate, the Petitioner is being deprived of her right to life with dignity and gender
identity as guaranteed under Articles 19 and 21 of the Constitution and further recognised by the
Hon’ble Supreme Court in NALSA (supra). Further, the Respondents are obligated to not violate any
of the Constitutional or Fundamental rights of the Petitioner and must follow the directions of the
Hon’ble Supreme Court and the Hon’ble High Courts of the country.

PRAYER

WHEREFORE, in light of the above facts and circumstances, and owing to the urgency of the case of
the Petitioner, the Petitioner most respectfully prays that this Hon’ble Court be pleased to:

A. Declare that Section 15 of the Registration of Births & Deaths Act, 1969 and Rule 11 (4) of
the Karnataka Registration of Births and Deaths Rules, 1999 be read down so as to include all
voluntary changes to name and gender identity in one’s birth certificate;
B. Issue a writ in the nature of mandamus directing the Respondent No.2 to issue to the
Petitioner a new Birth certificate reflecting her current name and gender identity; and

C. Grant any other relief, which the Hon’ble Court deems fit in the circumstances of the case in
the interests of justice and equity.

Place: Bangalore Counsel for the Petitioner

Date: AAKASH KAR ROY

Address for Service:

D6, Dona Cynthia Apartments,

35 Primrose Road

Bangalore – 560025.

Group B

4. What is a plaint? Draft a plaint?

Ans - A Plaint is a legal document that contains the content of any civil suit
which shows the Plaintiff’s claim after filing suit. The plaint is the first step of
the Plaintiff in the form of a legal document for the commencement of suit
and it shows what a Plaintiff wants from that suit. The concept of a plaint is
mentioned in the Civil Procedure Code. Through the help of plaint, the
plaintiff narrates or describes the cause of action and related information
which is considered as essential from the viewpoint of the suit.

In the case of plaint, the cause of action consists of two divisions, first is the

legal theory (the factual situation based on which the plaintiff claims to have

suffered) and second is the legal remedy that the plaintiff seeks from the

court. A plaint is considered an important concept because it is the foremost

and initial stage to initiate any lawsuit and helps to find a civil court of

appropriate jurisdiction.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In

Order VII of CPC, there are many different rules which deal with different
constituents of plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule

9 of CPC deals with how the plaint will be admitted and after that Rule 10 to

10-B talks about the return of the plaint and the appearance of parties. And

the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which

circumstances the plaint can be rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted
by the presentation of a plaint or in such other manner as may be
prescribed.” This section clearly shows that plaint is very much necessary for
the establishment of a suit before the civil or commercial court.

Necessary Contents of A Plaint

A plaint is a legal document that contains a lot of necessary contents in the

absence of which, it cannot be considered as a plaint. The contents necessary

for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are

mentioned below:

● Plaint should contain the name of the commercial or civil court

where a suit will be initiated.

● Plaint should contain details of the plaintiff such as the name,

address, and description.

● Plaint should contain the name, residence, and description of the

defendant.

● When a plaintiff has some defects or problems in health or any type

of disability, the Plaint should contain a statement of these effects.

● Plaint should contain the facts due to which cause of action arises

and where the cause of action arises it should also be mentioned.

● Plaint should not only mention facts due to which cause of action

arises but also those facts which help in recognizing the jurisdiction.
 ● Plaint should also contain about that relief which the plaintiff seeks

from the court.

● When the plaintiff is ready to set off a portion of his claim, the Plaint

should contain that amount which has been so allowed.

● Plaint should contain a statement of the value of the subject-matter

of suit not only for the purpose of jurisdiction but also for the

purpose of court-fees.

● At last, the content that should be on plaint is the plaintiff

verification on oath.

This shows that the plaint is a necessary component for the successful

initiation of suits in commercial or civil courts and plays a very important role

throughout the suit. Some additional particulars which were not mentioned

above include the following: Plaintiff shall state the exact amount of money

to be obtained from the defendant as given under Rule 2 of order VII

whereas Rule 3 of order VII of CPC states that when the plaint contains

subject matter of immovable property, then the property must be duly

described.

Rejection of plaint
The Plaint shall be rejected in certain situations when requirements are not

fulfilled. Some of the situations in which the plaint is rejected are as follows:

● The plaint is rejected in a case where the cause of action is not

disclosed. If the cause of action is not disclosed then it is not

possible to prove the damage caused to the plaintiff. To seek relief

against the defendant, the facts need to be mentioned clearly. In

the case of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier
 Corporation, the plaint was rejected and the suit dismissed under

Order 7, Rule 1(a) of the C.P.C.,1908.

● The plaint is also rejected in a case where the plaintiff relief is

undervalued and the plaintiff is requested by the court to correct the

valuation within the given time frame but the plaintiff fails to do so.

● The plaint is rejected in a case where all the documents are not

properly stamped and the plaintiff on being required by the court to

supply the required stamp paper within a time to be fixed by court

fails to do so.

● The plaint is mostly rejected due to the statement mentioned in the

plaint secured by any law or statute that doesn’t give any right to

the plaintiff to file the suit.

● When a duplicate copy of the plaint is not submitted whereas it is

mentioned that it is mandatory to submit the duplicate copy then in

that condition plaint is liable to be dismissed.

● The plaint is rejected when the plaintiff fails to comply with the

provisions of Rule 9 of Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and

now what are the provisions that are related to the rejection of the plaint

under Code of Civil Procedure. Some of the provisions regarding the rejection

of a plaint are mentioned below:

1. Order VII Rule 12 of C.P.C states the procedure on rejecting the

plaint so that it can be used as a precedent for future cases.

2. Order VII Rule 13 of C.P.C states that rejection of the plaint does

not stop the presentation or filling of the fresh plaint.

Two modes which are mentioned to show the manner in which the plaint can

be rejected:

1. The defendant has the right to file an application in the form of an

interlocutory application at any stage of proceedings for the

rejection of the plaint.

2. Suo moto (on its own): The meaning of the suo moto itself defines

the way of rejection of the plaint. Suo moto rejection is under Order

7 Rule 11 which states Rejection of the plaint. A court can itself try

a suit under Order 7 Rule 11 if the plaint fulfills the conditions

discussed in the first point.

Drafting of Plaint

IN THE CIVIL COURT  AT  SAKET NAGAR, DELHI

                                                              Suit  No. 166 of 2020

Abhinav Sharma ……
Plaintiff

B104, Malviya Nagar, New Delhi                                         

 Sharmistha Sharma ………..

Defendant

Malviya Nagar, New Delhi                                                           

Suit for the Injunction On the use of Unused land as a dumping area

The Plaintiff submitted as under:

1. The plaintiff is a resident of Malviya Nagar, New Delhi, and the

Defendant is a neighbor of the plaintiff.
2. Unused land is near the house of the plaintiff, which is used by the
resident of B106 i.e. defendant as a dumping yard for the waste
material of her house.
3. That the Defendant was all the time throwing the waste material in
that unused land near the house of the plaintiff.
4. Since a very long time of being used as a dumping yard by the
defendant, there is a collection of huge waste material that leads to
the health problem of the plaintiff.
5. That the court has jurisdiction on this matter to fix an injunction on
the use of unused land as a dumping area as it restricts his free
movement and also leads to affect health due to defendant action.

Prayer:

It is Prayed that a decree for the injunction is passed in favour of the plaintiff
against the defendant. And some other relief as the court thinks fit.

Place: Malviya Nagar                                                                                     
Signature

Date: 12/07/2021                                                                    (Abhinav
Sharma)

Verification:

In the above-named plaintiff do hereby verify that the contents of the paras
no. 1,2,3 and 4 are true to my knowledge and the contents of remaining
paras are according to legal advice from my advocate which I believe to be
true.
Place: Malviya Nagar                     s/d of plaintiff

 Date;12.07.2021   (Abhinav Sharma)

5. Draft an application for bail in connection with non-bailable offence under the Code
of Criminal Procedure, 1973?

Ans –

6. Draft a sale deed?

Ans-

Sale and Purchase Agreement

This sale and purchase agreement is executed at Kolkata on this

------ day by Mr. / Ms. --------------- son/ daughter
of---------------------------- aged about ------------------------
resident of -----------------------------------------, hereinafter called
the Vendor,

IN FAVOUR OF
Mr. / Ms. ---------------------------------- son/ daughter
of---------------------------- aged about ------------------------
resident of -----------------------------------------, hereinafter called
the Vendee.
The expression Vendor and Vendee shall means and include their
heirs, successors, executors, administrators and assigns of the
respective parties.

Whereas the Vendor is the bonafide owner of the property described

below with all rights and title and has absolute right to sale, alienate
the aforesaid property to the Vendee.

Description of the property:

i) Plot No. ---- and address

ii) Area

iii) Floors

iv) Location

v) Facilities and amenities

Whereas the Vendor has agreed to sale the aforesaid property to

the vendee for her bonafide needs and requirements with fittings
and fixtures and the Vendee has agreed to purchase the same for a
sum of rupees 200000 .

NOW THIS SALE AND PURCHASE AGREEMENT WITNESSETH

AS UNDER
That the consideration amount of mentioned above stands already
paid to the vendor as full and final settlement as stated above prior
to execution of this sale and purchase agreement, vendor do here
by acknowledges the receipt of the same and the vendor do here by
sell, conveyed, transfer and assigns all his rights, title and interest
of the above said property under sale unto the vendee.

1. That the vendor hereby assure and declared that he is the

conveyance deed holder and is the sole, absolute, exclusive and
rightful owner of the aforesaid property under sale alongwith
freehold rights of the land underneath and he is fully competent and
has full rights and power to sale and transfer the same.

2. The vendor hereby absolutely assigns, conveys and transfers to

the Vendee all her rights of ownership, titles and all interests in the
above mentioned property under sale hereby conveyed under this
sale and purchase agreement.

3. The vacant and peaceful possession of the above mentioned

property under sale has already been given to the Vendee by the
Vendor, who has occupied the same.

4. The Vendee shall hereinafter hold use, enjoy as he/she likes and
to sell, mortgage, lien, let-out or make additions/alterations or
renovations in the same as her own property without any hindrance,
claim or demand whatsoever from the vendor.

5. That the Vendor hereby assures the vendee and declares that he
is the sole, absolute, exclusive and rightful owner of the above
mentioned property under sale, and is fully competent and has full
power, absolute authority and unrestricted rights to sell and transfer
the same, and the same is free from all sorts of encumbrances,
burden, sale, mortgage, gift, lien, decree, charges, court injunction
orders, stay orders, liability, transfer, attachment, litigation, legal
flaws, dispute, notices, surety, security, notifications, acquisition
etc. and there is no legal defect in the title of the Vendor. If it is
proved otherwise, the Vendor and the property both moveable and
immoveable shall be liable to indemnify the vendee in full or part to
the extent of loss sustained by the vendee at the prevalent market
value of the said property at that time with all cost, expenses and
damages, etc. and the vendee shall have full rights to recover the
same, alongwith the cost and expenses of additions, alterations,
renovations, modifications, etc. through the court of law.

6. That the Vendee can get the above mentioned property under
sale mutated and transferred in his/ her own name on the basis of
this sale and purchase agreement with the concerned government
department.

7. That all dues such as house tax, electric and water bills, etc.
outstanding, if any, in respect of the above mentioned property
under sale, shall be paid and borne by the Vendor upto the date of
execution/registration of this sale and purchase agreement and later
on by the Vendee.

8. The Vendee has spent all cost of stamp papers and registration
fee, etc. for the present sale and purchase agreement.
9. The Vendor has handed over all the Original documents
establishing the chain of title of the said property.

10. That the Vendee is fully empowered to transfer or get the fresh
electric and water connections in respect of the above mentioned
property under sale in his/her own name after the
execution/registration of this sale deed from the respective
departments at his/her own cost and expenses.

12. The Vendee shall maintain the above mentioned property under
sale at her own cost and expenses.

14. That the Vendor, her heirs, successors, executors,

administrators, legal representatives and assignees have been left
with no rights, titles or interests in the said property and the Vendee
has become its absolute owner.

In Witness Whereof this sale and purchase agreement is executed

at------- on the day, month and year above written.

Vendor

Vendee

Witnesses:

1.

2.