Sunday, 28 September 2014

How to lodge FIR? What to do if Police Refused to register FIR ? View FIR


FIR
Its Meaning, Form, Legal Provision and What to do If Police refuses a person to register the FIR?  


View Fir (Registered in Delhi) 
http://delhipolice.serverpeople.com/firwebtemp/Index.aspx

What is FIR? (First Information Report)
Fir is a written document prepared by the Police when they receive information given by a person or victim to the police official to register a criminal case against the accused (person who commit offence).

Mode of Information
Information can be given Orally or in Writing

Legal provisions of FIR
Code Of Criminal Procedure 1973
Section 154. Information in cognizable cases  
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

Ingredients:
A.Information may be given orally
B. Immediate it shall be reduced to Writing ( In Delhi, All Firs are Computer Generated )
C. Information must be  Signed by the Person Given It.
D. Substance/ Information shall be entered in a book kept by the Police Officials.
FORM OF FIR IN DELHI AND WHERE TO GET THE FIR?
In Delhi, the FIR is Computer Generated means Typed Copy. 
It is easily available on the internet : 
http://delhipolice.serverpeople.com/firwebtemp/Index.aspx
What to do if Police refuses to Register the FIR?
Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information  may send the substance of such information, in writing and by post, to the Superintendent of Police/Commissioner of Police concerned 




By:  Mohit Popli
Advocate

Saturday, 27 September 2014

Sample Form - Agreement to Sell

Agreement to Sell
THIS AGREEMENT of sale made at ……………… on this ………….. day of ………………. 2014, between A, son of ………………… resident of ……………… hereinafter called the vendor of the ONE PART and B, son of …………………………. resident of ………………………… hereinafter called the purchaser of the OTHER PART.
WHEREAS the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder:
AND WHEREAS the vendor has agreed to sell his house to the purchaser on the terms and conditions hereafter set-forth.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
(1) The vendor will sell and the purchaser will purchase that entire house No………………….. Road …………………. more particularly described in the Schedule hereunder written at a price of Rs. …………….. free from all encumbrances.
(2) The purchaser has paid a sum of Rs. …………….. as earnest money on ……………………. (the receipt of which sum, the vendor hereby acknowledges) and the balance amount of consideration will be paid at the time of execution of conveyance deed.
(3) The sale shall be completed within a period of……… months from this date and it is hereby agreed that time is the essence of the contract.
(4) The vendor shall submit the title deeds of the house in his possession or power to the purchaser’s advocate within one week from the date of this agreement for investigation of title and the purchaser will intimate about his advocate’s report within ……………. days after delivery of title deeds to his advocate.
(5) If the purchaser’s Advocate gives the report that the vendor’s title is not clear, the vendor shall refund the earnest money, without interest to the purchaser within …………….. days from the date of intimation about the advocate’s report by the purchasers. If the vendor does not refund the earnest money within ………………. days from the date of intimation about the advocate’s report, the vendor will be liable to pay interest @ ……………. p.m. upto the date of repayment of earnest money.
(6) The vendor declares that the sale of the house will be without encumbrances.
(7) The vendor will hand over the vacant possession of the house on the execution and registration of conveyance deed.
(8) If the purchaser commits breach of the agreement, the vendor shall be entitled to forfeit the earnest money paid by the purchaser to the vendor and the vendor will be at liberty to resell the property to any person.
(9) It the vendor commits breach of the agreement, he shall be liable to refund earnest money, received by him and a sum of Rs. …………….. by way of liquidated damages.
(10) The vendor shall execute the conveyance deed in favour of the purchaser or his nominee as the purchaser may require, on receipt of
the balance consideration.
(11) The vendor shall at his own costs obtain clearance certificate under  Income tax Act, 1961 and other permissions required for the completion of the sale.
(12) The expenses for, preparation of the conveyance deed, cost of stamp, registration charges and all other cut of pocket expenses shall be borne by the purchaser.
Schedule above referred to
IN WITNESS WHEREOF the parties have set their hands to this Agreement on the day and year first here in above written.
Signed and delivered by Shri A…………..
the within named vendor
Signed and delivered by Shri B ………..
The within named purchaser
WITNESSES;
1.
2