A broad approach to drafting of any Application / Petition /
Complaint may be undertaken in three chronological “Heads” –
1.
Reliefs prayed for /
claimed;
2.
Grounds for Reliefs
prayed for / claimed; (both factual and legal);
3.
Narration of facts
substantiating the said grounds.
Further, there may be narration of
such facts in the beginning of the draft, which would lay
foundation for “material facts of the case”.
Grounds for Reliefs prayed for / claimed implies (a) the
essence / conclusion of material facts; and (b) other legal provisions which
supports the reliefs prayed for / claimed.
Framing of Appeal challenging the Conviction
u/s 374 CrPC, 1973
Short title
Index
Proforma (Roznama)
Main points to be urged:
The
grounds for the Reliefs prayed may be set out as points to be urged.
Heading –
Name and place of the
court [S.374(1)(2)(3) as may be applicable to the case]
Case no.
Full Cause title –
Full Name, Age, Adult,
Religion followed, Indian Inhabitant, place of residence of the Appellant.
The main grounds of
Appeal (for example):
(a) The trial Court failed to consider the credible
evidence of the Appellant;
(b) The trial Court have relied upon the
irrelevant / inadmissible evidence of the prosecution;
(c) The trial Court have incorrectly records
the finding that ____
(d)
a. Drawing
main points to be emphasized upon:
b. Limitation: . That the
Appeal is preferred within the limitation period of ____ days. If the Appeal is
filed beyond limitation period, then, a statement showing the grounds on which
the exemption from the law of limitation is claimed.
c. A Para narrating facts that
this court has jurisdiction to entertain the present Complaint.
Reliefs
Prayed (S.386):
a.
Be pleased to reverse
the finding and sentence and acquit or discharge the accused, or order him to
be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court
or committed for trial;
b.
Be pleased to reverse
the finding an order the Accused to be re-tried by a Court of competent
jurisdiction subordinate to such Appellate Court or committed for trial;
c.
Be pleased to alter
the finding, maintaining the sentence;
d.
Be pleased to, with or
without altering the finding, alter the nature or the extent, or the nature and
extent, of the sentence, but not so as to enhance the sentence;
e.
Be pleased to take the
additional evidence itself, or direct it to be taken by a Magistrate / Court of
Session, as the case may be. (S.391)
f.
Be pleased to make any
amendment or any consequential or incidental order that may be just or proper:
The
Appellant and the Advocate of the Appellant (If there is any) shall Sign at the
end of the Appeal, i.e. after Prayer Clause.
Vakalatnama
Exhibits
/ documents annexed in the Complaint
[S.382 – copy of impugned Judgment / Order]
Docket
Steps
after Institution of complaints
Hearing of the Appeal
(S.384, 385)
Wherein it is alleged by the Appellant Accused
that Complainant has in any way made false statements / false declarations; or
has filed false Affidavit or has filed a forged document; or wherein it is
alleged by the Complainant that Accused has made a false statements / false
declarations in his deposition or has filed a forged document, Please refer
following links:
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Tap “Lawyer” in your Cell to explore.
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Thank you.
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