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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 to address and prevent disputes related to the possession of immovable property. This provision is often invoked when there is an apprehension of a breach of the peace concerning land, buildings, or other immovable properties. Here's a guideline for drafting such an application and common mistakes to avoid:
Heading: Begin with the court's name, case details, and parties involved.
Introduction: Clearly state the purpose of the application, which is to prevent a potential breach of the peace arising from a property dispute.
Identification of Property: Provide detailed information about the disputed property, including its location, boundaries, and any relevant documents.
Apprehension of Breach of Peace: Describe the specific circumstances that have given rise to the apprehension of a breach of the peace, such as competing claims to the property.
Evidence and Affidavits: Include supporting evidence and affidavits from witnesses, if available, to substantiate your claims.
Prayer for Relief: Request the court to take action under Section 145 of the Cr.P.C. to prevent a breach of the peace and to decide the rightful possession of the property.
Common Mistakes to Avoid:
Inadequate Grounds: Ensure that the grounds for invoking Section 145 are clearly presented and based on genuine apprehension of a breach of peace.
Procedural Errors: Follow the specific court rules and procedures for filing such applications, including the proper parties' involvement.
Incomplete Details: Include all necessary information about the property and the parties involved to avoid confusion.
Lack of Clarity: Use clear and concise language to prevent misinterpretation or ambiguity.
Failure to Serve Notice: Notify the opposing parties as required by law, giving them an opportunity to present their side of the dispute.
A well-drafted Application under Section 145 Cr.P.C. is essential for maintaining law and order in property disputes. Avoiding common mistakes ensures the application's legal validity and the potential resolution of disputes without breaches of the peace. Legal consultation may be advisable for effective preparation and presentation of such applications.