Caveat Application Number ..... of year .....
-in the Expected/ has been made, main proceedings-
Civil Suit No...... year ....
Smt.aaa and Anr Vs. Sh.ddd and Anr.
MEMO OF PARTIES
1) Smt.aaa, aged ... yrs, W/o Shri bbb and
2) Shri bbb, aged ... yrs, S/o Shri ccc;
Both Resident of address:... New Delhi.
.........Caveators/ Applicants.
VERSUS
1. Sh.ddd, aged ... yrs, Son of Sh.eee,
Resident of address:... New Delhi.
2. Sh.fff, aged ... yrs, Son of Sh.ggg,
Resident of address:... New Delhi.
... Respondents.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
Through
Advocate
====================================================
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS, DELHI
Caveat Application Number ..... of year .....
-in the Expected/ has been made, main proceedings-
Civil Suit No...... year ....
Smt.aaa and Anr
... Caveators/ Applicants.
Vs.
Sh.ddd and Anr.
....... Respondents.
CAVEAT
MOST RESPECTFULLY SHEWETH:-
1. The Caveator Applicants are husband and wife, resident of same address as given in the Memo of Parties, which are not being repeated for the sake of brevity. The name and address of the respondents are same as given in the Memo of Parties, which are not being repeated for the sake of brevity.
2. The Caveators are owners, bhoomidars and in the possession of 1/2 shares each in agricultural land, area measuring 10 bighas 13 biswas + 10 bighas 13 biswas = 21 bighas 6 biswas, out of mustil/Khasra No….. situated in the revenue estate of Village ..., New Delhi.
3. On 18-03-..., the Caveator Applicants/ petitioners and respondents made an “agreement to sell” of the above property, vide “AGREEMENT TO SELL” dated 18-3-...., in two pages. A true copy of the said document is annexed herewith as ANNEXURE P-1. Other than these two pages as one document, the parties had not made any other documents. The said agreement did not transfer the Ownership and POSSESSION to the respondents. The date stipulated for completion of sale is 17-03-..., only if the respondents will make complete payment by that date. Only after getting POSSESSION, the respondents can enter inside that property.
4. Before entering into “agreement to sell”, the respondents never told the Caveator petitioners that, they will convert the agricultural land into Un-approved residential colony. However, in the month of September year..., the Caveator petitioners found a few Foundation and DPC (= floor level which is above the Foundation/ road, in the said land). Upon enquiry, it was revealed that, the respondents had already started re-selling the land and giving possession to their clients. Being Caveator petitioners are having POSSESSION of the said land, they took the help of Delhi Police and removed all those un-authorised and illegal constructions, on 30-9-2005.
5. The caveator petitioners do not want to give POSSESSION of the property, unless they get the complete payment. The respondents can take possession and do any legal activities, only after they make complete payment. However, the Caveator petitioners fear that, the respondents will twist, tell lies and file false Cases, before Hon’ble Courts, against the Caveator petitioners thus depriving the Caveator petitioners of their valuable Fundamental and legal rights in the property.
6. Vide the Sec.148-A of the Civil Procedure Code, it is submitted that, an Application or Suit or Proceedings is about to be instituted in this Hon’ble Court, by the respondents against the Caveator petitioners and the Caveator petitioners have the right to appear before this Hon’ble Court.
7. To be on safer side, the Caveator petitioners is filing Caveat before Hon’ble Courts of Senior Civil Judge, District Judge and Hon’ble High Court of Delhi at New Delhi, against the respondents; because they fear that, by exaggerating the value of the suit, they may file litigation before any other Court.
8. The Respondents have been given Advance copies of the Caveat and Annexure, by Speed Post and the Postal Receipt is enclosed, by pasting upon the copy of the Letter about Service of Advance copy, of this Caveat.
PRAYER:-
The Caveator petitioners pray to this Hon’ble Court that, no order as feared above, be made in the above matter, without notice to the Caveator petitioners.
AND FOR THIS ACT OF KINDNESS THE CAVEATORS PETITIONERS SHALL EVER DUTY BOUND PRAY.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
Through
Advocate
VERIFICATION:
Verified that the contents of above Caveat are read out in Hindi, understood and signed by the Caveator Petitioners and contents are true and correct to our personal knowledge and belief and We believe them to be true and correct.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
Through
Advocate
====================================================
IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS, DELHI
Caveat Application Number ..... of year .....
-in the Expected/ has been made, main proceedings-
Civil Suit No...... year ....
Smt.aaa and Anr
... Caveators/ Applicants.
Vs.
Sh.ddd and Anr.
....... Respondents.
AFFIDAVIT
MOST RESPECTFULLY SHEWETH:-
1. The Caveator Petitioners are husband and wife, namely ...., resident of the address...
2. The contents of Caveat are read out in Hindi, understood and signed by the Caveators/ Applicants/ Petitioners and contents are true and correct to our personal knowledge and belief and We believe them to be true and correct.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
VERIFICATION:
Verified that the contents of above Affidavit are read out in Hindi, understood and signed by the Caveators Applicants/ Petitioners and contents are true and correct to our personal knowledge and belief and We believe them to be true and correct.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
(THE AFFIDAVIT SHOULD BE ATTESTED BY A OATH COMMISSIONER OR ANY OTHER OFFICER, AS PER THE HIGH COURT RULES).
=======================================================
Lecture given by the Author:- The above given is sample of complete “paper-book” about a Caveat. Further only Caveat's samples are given at different occasions:-
Question 1:- Your client, Mr.aaa had been an Applicant before a Labour Court and Industrial Tribunal. He had won in the said Court. He fears that, opposite party Mr.bbb will file further proceedings before appropriate Court and get some relief, through Ex-parte Stay. Frame necessary pleadings.
Answer:- There is no Appeal or Revision against the Award/ Judgment/ Order of a Labour Court and Industrial Tribunal. Thus what the opposite party can file is a Writ Petition, praying Certiorari Writ or any other Appropriate Writ or orders. Thus the Caveat will have to be filed before the High Court. To be on safer side, before the Supreme Court also a Caveat can be filed, but the Registry of Supreme Court do some times refuse to accept the same, saying the remedy before the High Court will have to be exhausted by the opponent, prior to approaching Supreme Court. Complete caveat only is written, as a sample.
IN THE HON’BLE HIGH COURT at the place:-...
Caveat Application Number ..... of year .....
-in the Expected/ has been made, main proceedings-
Writ Petition (Civil) No...... year ....
Sh.aaa
... Caveator/ Applicant.
Vs.
Sh.bbb
....... Respondent.
CAVEAT
MOST RESPECTFULLY SHEWETH:-
1. The Name and address of the Caveator Applicant and the Name and address of the the respondent are same as given in the Memo of Parties, which are not being repeated for the sake of brevity.
2. The Caveator had been the Workman (Note:- the Management also can file this, if they had won the case), who had been the applicant in the Labour Court Application No.... of the year...; before the Hon'ble Industrial Tribunal cum Labour Court at the place... The Hon'ble Court below had allowed the Application of the Caveator, vide it's Award/ Order dated....; an attested photocopy of the same is enclosed herewith and marked Annexure P-1.
3. Vide the Sec.148-A of the Civil Procedure Code, it is submitted that, a Writ Petition (Civil), or Proceedings is about to be instituted in this Hon’ble Court, by the respondents against the Caveator petitioners and the Caveator petitioners have the right to appear before this Hon’ble Court.
4. To be on safer side, the Caveator petitioner is filing Caveat before Hon’ble High Court at ... and Hon'ble Supreme Court of India, New Delhi, against the respondent; because he fear that, the respondent/ Management will do anything to deny relief to the Caveator/ Workman.
5. The Respondents have been given Advance copies of the Caveat and Annexure, by Speed Post and the Postal Receipt is enclosed, by pasting upon the copy of the Letter about Service of Advance copy, of this Caveat.
PRAYER:-
The Caveator petitioners pray to this Hon’ble Court that, no order as feared above, be made in the above matter, without notice to the Caveator petitioners.
AND FOR THIS ACT OF KINDNESS THE CAVEATORS PETITIONERS SHALL EVER DUTY BOUND PRAY.
New Delhi
05-10-year ...
Right Thumb Impression, Smt aaa
Caveator/ Applicant No-1
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
Through
Advocate
VERIFICATION:
Verified that the contents of above Caveat are read out in Hindi, understood and signed by the Caveator Petitioners and contents are true and correct to our personal knowledge and belief and We believe them to be true and correct.
New Delhi
05-10-year ...
Sd/-. Sh.bbb
Caveator/ Applicant No-2.
Through
Advocate
====================================================
Question 3:-
Your client is an Accused person in an Accident Case. The Medico Legal Case Report of the Accident Victim, despite being original, had been marked only as “Mark No..” and not “Exihibit No...”, means the said document cannot be read in evidence by the Court, because a correct person did not come to testify the case of the Prosecution. Client want to ensure that, the Prosecution should not get an easy opportunity to challenge the said document's decision. File appropriate pleadings?
(Note: there is another chapter in this book, explaining the words “Exihibit” and “Mark” while identifying documents, while recording evidence in the courts).
Answer:- The accident case will be tried by a Magistrate Court. The orders of not accepting certain evidence is related to exercise of jurisdiction, thus Criminal Revision Petitions can be filed in the Sessions Court. The Prosecution/ Victim may file Writ Petition U/a 227 Constitution of India; in the High Court. It can file a Criminal Miscellaneous Main Petition u/s 482 Crl PC before the High Court. Thus, total three Caveat can be filed. The suggested headings are: Before the Sessions Court at the place:... 'Caveat Application Number ..... of year ..... -in the Expected/ has been made, main proceedings- in the Revision Petition (criminal) No...... year .... Before the High Court at the place:... Caveat Application Number ..... of year ..... -in the Expected/ has been made, main proceedings- Writ Petition (Crl) No...... year .... AND Before the High Court at the place:... Caveat Application Number ..... of year ..... -in the Expected/ has been made, main proceedings- Crl Miscellaneous Main No...... year .... The language to be used in the Caveat is not repeated, to save pages in the book.
========= ============== =============
CHAPTER 26 : ANONYMOUS AND PSEUDONYMOUS LETTERS
1. What are Anonymous and Pseudonymous letters/ complaints. The Definition can be obtained from para 402.2 of the Indian Railways Vigilance Manual 2006, which reads:- Any complaint that does not bear the name and address of the complainant is an ANONYMOUS COMPLAINT. A complaint which does not bear the full particulars of the complainant or is unsigned or is not subsequently acknowledged by a complainant as having been made is a PSEUDONYMOUS COMPLAINT.
1.1. At the para 20 of the Judgment reported as 1983 Legal Eagle (Delhi) 180, there is a Definition, the complete judgment is printed in this book.
2. Vide Section 507 of the IPC, writing Anonymous letter with an intention to do criminal intimidation is a punishable offence. It is not legislated that, to whom it should be written as to find it punishable. To find what is Criminal Intimidation, please read Section 503 IPC. Thus, what you had written and to whom it had been written, whether that will be an offence is a ‘Question of Fact’ or ‘Mixed question of Fact and Law’. However, total possible imprisonment is 4 years or 9 years, or fine or both. Prior to getting the said “punishment” from the Court, there is a tiring procedure of getting Bail and appearing each Date of Hearing without default, taking repeated Bail, if convicted, from Superior Court. Thus, it is not legally adviceable to make any complaint through anonymous and pseudonymous letters.
3. However, making direct complaint will some times cause loss of life and Honour to yourself and your family. A few examples of such incidents are given below:-
4. Example 1:- Kindly refer the Judgement of Hon'ble Central Administrative Tribunal, on dated 19/12/2007 in which the Facts had been, the Delhi Policemen had been dismissed for revealing details of the Complainant to the Criminals: Sub Inspector Sanjay Kumar Gaur S/O Shri Bhanu Prakash And Ors. VERSUS Government Of NCT Of Delhi Through Commissioner Of Police, Joint Commissioner Of Police, Northern Range Through Police Hqrs. And Deputy Commissioner Of Police, North West District Through Police Headquarters. In the Internet, it can be read from the page: Indian Kanoon − http://indiankanoon.org/doc/1241603.
EXTRACTS from the ORDER passed by Hon'ble Mr. V.K. Bali, J. (Chairman):- “Para 2. The charge that came to be framed by the enquiry officer against the applicants after recording the evidence of the department reads as follows: I, H.V.S. Rathi, E.O./ACP/D.E. Cell Delhi, charge you SI Sanjay Gaur No. D−920 (PIS No. 16920058), Head Constable Vijender Singh No. 1313/NW (PIS No. 28871462), Constable Satbir Singh No. 2676/NW (PIS No. 28950684), Constable Satish No. 1229/NW (PIS No. 28860576) and Constable Parminder Singh No. 719/NW (PIS No. 28881411) that while you were posted at P.S. Mangol Puri, Delhi, as Division Beat Officers of Division No. 1 and Beat No. 1 respectively, one complaint regarding facilitating of consumption of liquor by some Rehri Walas near Bus Stop B−Block Mangol Puri Delhi was made by one Sh. Jai Praakash, General Secretary of Jan Jagriti Residents Welfare Association (Regd. Office at B−448, Mangol Puri, Delhi) on which enquiry conducted by P.G. Cell, North West established that you all failed to prevent/take necessary legal action against the consumption of liquor being facilitated by some Rehariwalas at around B−Block, Bus Stop Mangol Puri Delhi. Besides Constable Parminder Singh No. 719/NW had also disclosed, the name of the complainant to the Rehariwala, who later on threatened the complainant of dire consequences. The above act on the part of you SI Sanjay Gaur No. D−920, HC Vijender Singh No. 1313/NW, Ct. Satbir Singh No. 2676/NW, Ct. Satish No. 1229/NW and Ct. Parminder Singh No. 719/NW amounts to gross misconduct, negligence, carelessness and dereliction in the discharge of your official duties and unbecoming of a Govt. Servant which renders you all liable for punishment under the provisions of Delhi Police (Punishment and Appeal) Rules−1980”.
5. Example 2:- Kindly refer the Periodical Tehelka Saturday 12-12-2009, Volume 6, Issue 49, New Delhi; www.tehelka.com; page 56 Music, “When the rebel met the pause” about the folk singer Bant Singh; at para 2:- In his status as a member of the Party CPI(ML) “he mobilised small farmers for the Mazdoor Mukti Morcha. He successfully compaigned to get a corrupt ration depot owner's license cancelled. Soon after, his 17-year-old daughter was raped.... He paid for it with his limbs: upper-caste men smashed him with a handpump handle, reducing his arms and legs to stumps. Theleka broke the story of the rebel's indomitable spirit in 2006”.
6. Example 3:- Kindly refer the Periodical Frontline, 2004; from the Internet page: http://www.hinduonnet.com/fline/fl2112/stories/20040618002504600.htm Issue in focus: “Defending the whistle-blower”. In which the tragic death of Late Satyendra Dubey on 29-11-2003 is reminded and the “GOI Resolution on Public Interest Disclosure and Protection of Informer” is reported.
7. The said News Report, and connected Press Release had been incorporated in the CENTRAL VIGILANCE COMMISSION VIGILANCE MANUAL VOLUME I. Sixth Edition – 2005. At the CHAPTER III – Complaints. 10. GOI Resolution on Public Interest Disclosure and Protection of <