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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 145 of the Code of Criminal Procedure (Cr.P.C.)" is used in cases of disputes over the possession of land or water. It's typically filed when there is an apprehension of a breach of the peace regarding the disputed property. Here's a guideline for drafting such an application and common mistakes to avoid:
Heading: Begin with court details, including case name, parties, and jurisdiction.
Introduction: Clearly state the purpose of the application, which is to prevent a breach of the peace in a land or water dispute.
Case Details: Include the case number, area or property description, and any relevant legal provisions.
Parties' Details: Specify the names, addresses, and identifying information of the parties involved.
Facts of the Dispute: Summarize the key facts and circumstances that led to the apprehension of a breach of the peace.
Urgency: Explain why immediate action is necessary to prevent a breach of the peace.
Relief Sought: Specify the relief you are seeking, such as the attachment of the property or a prohibitory order against any party.
Legal Basis: Reference Section 145 of the Cr.P.C., which empowers the court to act in such disputes.
Common Mistakes to Avoid:
Inaccurate Information: Ensure all case details and parties' information are presented accurately.
Failure to Serve Notice: Notify the parties involved, the police, and relevant authorities, allowing them to respond or attend court proceedings.
Lack of Supporting Documents: Provide documents or affidavits to support the apprehension of a breach of the peace.
Improper Language and Formatting: Use clear, legally appropriate language and formatting in the application.
Ignoring Legal Procedures: Follow the correct procedures for such applications and court hearings.
Drafting an Application under Section 145 Cr.P.C. is vital for maintaining peace and resolving property disputes. Avoiding common mistakes ensures the application's legal validity and the effective prevention of breaches of the peace. Legal consultation or guidance is advisable when preparing such applications to ensure adherence to legal processes.