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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.
Guidelines for Drafting Warrant of Arrest of Witness (Order 16, Rule 10 CPC):
A warrant of arrest of a witness under Order 16, Rule 10 of the Code of Civil Procedure (CPC) is utilized when a witness fails to attend court despite being summoned. Follow these guidelines for effective drafting:
Clearly Identify the Witness: Clearly state the name and details of the witness for whom the warrant is sought. Include relevant information such as the witness's address and the case in which their testimony is required.
Specify Non-Attendance Reason: Clearly articulate the grounds for seeking the arrest warrant, emphasizing the witness's failure to attend court. Provide details on whether the witness was duly summoned and the reasons for non-attendance.
Provide Court Details: Include comprehensive details about the court proceedings, case number, and relevant dates. Clearly mention the importance of the witness's testimony to the proceedings.
Adhere to Procedural Formalities: Ensure strict compliance with the procedural rules outlined in Order 16, Rule 10 CPC. Adherence to these rules is crucial for the validity and enforceability of the warrant.
Common Mistakes to Avoid:
Vague or Incomplete Information: Avoid providing vague or incomplete details about the witness or the reasons for seeking the warrant. Clarity is essential for the court to consider the application.
Failure to Establish Non-Attendance: Clearly demonstrate that the witness was summoned and has failed to attend. Failure to establish non-attendance may impact the court's decision on the warrant.
Neglecting Proper Documentation: Ensure all necessary court documents, including the witness summons, are attached. Neglecting documentation may weaken the application.
Ignoring Legal Formalities: Familiarize yourself with legal requirements and procedural rules under Order 16, Rule 10 CPC. Neglecting these formalities may hinder the court's issuance of the arrest warrant.
By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive warrant of arrest of a witness under Order 16, Rule 10 CPC, increasing the likelihood of obtaining the court's approval for the arrest in case of non-attendance.