DPC 1 – journal

Q1. Mr. Aman Verma is a Non-Residental Indian currently working and residing
in Canada. He is desirous of appointing Ms. Kavya Mehta, his sister as his
attorney for executing a leave and license agreement of his property Flat no.
123, Abode CHS, Vile Parle, Mumbai. He wants to confer on her the power to
find a suitable licensee, execute and register the leave and license agreement
on his behalf. Draft a power of attorney on behalf of Aman.

ANS. :-

POWER OF ATTORNEY

This Power of Attorney is made and executed on this [Date] at [Location]

BY

Mr. Aman Verma, son of [Father’s Name], aged about [Age] years, presently residing at
[Current Address in Canada], hereinafter referred to as the "Principal," which expression
shall, unless repugnant to the context or meaning thereof, include his legal representatives,
successors, and assigns.

IN FAVOUR OF

Ms. Kavya Mehta, daughter of [Father’s Name], aged about [Age] years, residing at [Address
in Mumbai], hereinafter referred to as the "Attorney," which expression shall, unless
repugnant to the context or meaning thereof, include her legal representatives, successors,
and assigns.

WHEREAS:

1. The Principal is the absolute owner of the immovable property bearing Flat No. 123,
situated at Abode CHS, Vile Parle, Mumbai (hereinafter referred to as the "said
Property").
2. The Principal is currently residing in Canada and is unable to personally manage and
execute matters concerning the said Property.
3. The Principal is desirous of appointing the Attorney to act on his behalf to find a
suitable licensee, execute, and register a leave and license agreement concerning the
said Property.

NOW THIS POWER OF ATTORNEY WITNESSETH AS FOLLOWS:

1. To find and finalize a suitable licensee for the said Property on such terms and
conditions as deemed fit by the Attorney.
 2. To negotiate, execute, and sign the leave and license agreement on behalf of the
Principal with such licensee.
3. To appear before the appropriate authorities, including the sub-registrar’s office, for
the purpose of registering the said agreement as per the applicable laws.
4. To pay any necessary fees, charges, and stamp duty related to the registration of the
leave and license agreement.
5. To represent the Principal in all legal and official matters concerning the execution of
the leave and license agreement for the said Property.
6. To perform all acts, deeds, and things that are necessary and incidental to the
execution and registration of the leave and license agreement.

The Principal hereby declares that all acts, deeds, and things done, executed, or performed by
the Attorney under this Power of Attorney shall be deemed to have been done, executed, or
performed by the Principal himself and shall be binding on him in all respects.

This Power of Attorney is granted voluntarily and shall remain in force until revoked in
writing by the Principal.

IN WITNESS WHEREOF, the Principal has executed this Power of Attorney on the day,
month, and year first mentioned above in the presence of the following witnesses.

Signed and Delivered by the Principal

Mr. Aman Verma

(Signature)
[Address]

Accepted by the Attorney

Ms. Kavya Mehta

(Signature)
[Address]

Witnesses:

1. Name: ________________
Address: ______________
Signature: _____________
2. Name: ________________
Address: ______________
Signature: _____________

Notarization:

This document has been executed and signed before me, [Name of Notary], Notary Public at
[Location] on this [Date], and is duly notarized under my seal and signature.

[Seal & Signature of Notary Public]

Q2. On 01.02.2010, Mr. Anand Shah got appointed as a U.D Clerk with M/S
Indiva Steels Ltd, a company wholly owned by the Government of India and
having its registered office in the Indiva Steels Building, Bandra Kurla Complex,
Mumbai. He continued to work with the company till January 2023. During this
period, he received his usual increments and promotions. However, on
30.03.2023 he was terminated from his services with immediate effect. The
order issued by the Managing Director of the company charges him with
misconduct and dereliction of duty on his part. He was relieved of his duties
the same day without holding any enquiry under the rules applicable to the
company employees. Draft an appropriate Writ petition on behalf of Mr.
Anand.
ANS. :-
Writ petition anand

IN THE HIGH COURT OF [State]

WRIT PETITION NO. [●] OF 2023

IN THE MATTER OF:

Mr. Anand Shah, S/o [Father’s Name], Residing at [Address], ...Petitioner

VERSUS

M/S Indiva Steels Ltd., A Government of India Undertaking, Having its registered office at
Indiva Steels Building, Bandra Kurla Complex, Mumbai. ...Respondent

TO, THE HON’BLE CHIEF JUSTICE AND OTHER HON’BLE JUDGES OF THE HIGH
COURT OF [State]

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. Facts of the Case:

1.1 The Petitioner, Mr. Anand Shah, was appointed as an Upper Division Clerk (U.D. Clerk)
with the Respondent Company, M/S Indiva Steels Ltd., on 01.02.2010.

1.2 The Respondent is a company wholly owned by the Government of India and is,
therefore, an instrumentality of the State under Article 12 of the Constitution of India.
1.3 The Petitioner diligently performed his duties and received regular increments and
promotions during his tenure, serving the Respondent Company till January 2023.

1.4 On 30.03.2023, the Petitioner was summarily terminated from his services with
immediate effect by an order issued by the Managing Director of the Respondent Company,
citing allegations of misconduct and dereliction of duty.

1.5 No departmental enquiry was conducted before passing the termination order, which is in
violation of the principles of natural justice and the service rules applicable to the employees
of the Respondent Company.

2. Grounds for Challenge:

2.1 Violation of Principles of Natural Justice: The termination of the Petitioner without
conducting an enquiry is arbitrary and illegal. The Petitioner was neither given an opportunity
to be heard nor was he issued a show cause notice before termination, which violates Article
14 and Article 21 of the Constitution of India.

2.2 Non-Compliance with Service Rules: The Respondent Company, being a Government
of India undertaking, is required to adhere to service rules and disciplinary procedures, which
include conducting a proper enquiry before taking punitive action against an employee. The
failure to do so renders the termination order null and void.

2.3 Malafide and Arbitrary Action: The termination order does not specify any details of
the alleged misconduct or provide any supporting evidence. Such an abrupt and arbitrary
action is in violation of Article 311 of the Constitution of India, which mandates that a
government servant cannot be dismissed or removed without a proper enquiry.

2.4 Right to Employment and Livelihood: The Petitioner's termination has resulted in a
loss of livelihood without due process. It is a violation of the fundamental right under Article
21 of the Constitution.

3. Reliefs Sought:

In light of the above facts and circumstances, the Petitioner humbly prays that this Hon’ble
Court may be pleased to:

A. Issue an appropriate writ, order, or direction, particularly a writ in the nature of

Certiorari, quashing and setting aside the termination order dated 30.03.2023 issued by the
Respondent Company.

B. Issue an appropriate writ, order, or direction, particularly a writ in the nature of

Mandamus, directing the Respondent Company to reinstate the Petitioner with full back
wages and all consequential benefits.

C. Direct the Respondent to conduct a fair and proper enquiry before taking any adverse
action against the Petitioner.

D. Pass any other order(s) or direction(s) as this Hon’ble Court may deem fit and proper in
the interest of justice.
4. Interim Relief:

Pending the hearing and final disposal of this Petition, the Petitioner prays for an order
directing the Respondent to:

(i) Stay the operation of the termination order dated 30.03.2023;

(ii) Allow the Petitioner to continue in service with all consequential benefits;

(iii) Not take any coercive action against the Petitioner.

5. Affidavit:

The Petitioner has not filed any other petition or proceeding on the same subject matter
before any other Court or Tribunal.

The Petitioner, therefore, prays that this Hon’ble Court may be pleased to issue appropriate
writ(s) or order(s) in terms of the prayers stated above and render justice.

Place: [City]
Date: [Date]

Petitioner
[Name: Anand Shah]
[Signature]

Through Counsel
[Advocate Name]
[Advocate’s Address & Contact]
Q3. Mr. Jayesh Singla is the owner of 23 B, Floral Villa, Bandra West since 1999. He

acquired the property by way of gift from his mother Jui Singla. He is selling the house

to Mrs. Yashvi Sen for 3 crores. Draft an agreement for Sale on behalf of Mr. Jayesh

including all the essential terms.

ANS. :-

AGREEMENT FOR SALE

This Agreement for Sale is made and executed on this [Date] at [Place] by and between:

Mr. Jayesh Singla, son of [Father’s Name], aged about [Age] years, residing at 23 B, Floral
Villa, Bandra West, Mumbai (hereinafter referred to as the "Seller," which expression shall,
unless repugnant to the context or meaning thereof, include his heirs, legal representatives,
successors, and assigns)

AND

Mrs. Yashvi Sen, wife of [Husband’s Name], aged about [Age] years, residing at [Buyer’s
Address], (hereinafter referred to as the "Purchaser," which expression shall, unless
repugnant to the context or meaning thereof, include her heirs, legal representatives,
successors, and assigns).

WHEREAS:

1. The Seller is the absolute owner of the property bearing 23 B, Floral Villa, Bandra
West, Mumbai, which he acquired by way of gift from his mother, Jui Singla, in the
year 1999.
2. The Seller has agreed to sell, and the Purchaser has agreed to purchase the said
property for a total consideration of Rs. 3,00,00,000/- (Rupees Three Crores only)
on the terms and conditions as mutually agreed upon.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. CONSIDERATION & PAYMENT TERMS

a) The total sale consideration for the said property is Rs. 3,00,00,000/- (Rupees
Three Crores only). b) The Purchaser has paid an advance amount of Rs. [Amount]
as earnest money to the Seller on the date of signing this Agreement, the receipt of
which the Seller hereby acknowledges. c) The balance amount of Rs. [Amount] shall
be paid by the Purchaser to the Seller at the time of execution of the Sale Deed and
registration thereof.
2. DESCRIPTION OF THE PROPERTY
a) The said property consists of land and a built-up structure, located at 23 B,
Floral Villa, Bandra West, Mumbai. b) The property is free from all encumbrances,
liens, claims, litigation, or charges.
3. POSSESSION & REGISTRATION
a) The Seller agrees to deliver vacant and peaceful possession of the said property to
 the Purchaser at the time of execution and registration of the Sale Deed. b) The Sale
Deed shall be executed and registered within [Timeframe] from the date of this
Agreement, subject to full payment of the sale consideration. c) The necessary stamp
duty, registration charges, and other incidental expenses shall be borne by the
Purchaser.
4. TITLE & REPRESENTATIONS
a) The Seller assures and represents that he has clear, marketable, and absolute
ownership rights over the said property. b) The Seller guarantees that there are no
pending legal disputes or government dues related to the said property. c) The Seller
agrees to indemnify the Purchaser against any claims, liabilities, or defects in title that
may arise in the future.
5. DEFAULT & TERMINATION
a) If the Purchaser fails to pay the balance consideration within the stipulated period,
the Seller shall have the right to forfeit the earnest money and cancel this Agreement.
b) If the Seller fails to execute the Sale Deed upon receiving full payment, the
Purchaser shall have the right to enforce specific performance of this Agreement
through legal means.
6. MISCELLANEOUS
a) This Agreement shall be binding upon both parties and their respective heirs,
successors, and assigns. b) Any dispute arising out of this Agreement shall be subject
to the jurisdiction of the courts in Mumbai. c) This Agreement has been executed in
duplicate, with both the Seller and the Purchaser retaining one copy each.

IN WITNESS WHEREOF, both parties have executed this Agreement on the date and place
first mentioned above in the presence of the following witnesses.

SELLER
Mr. Jayesh Singla
(Signature)

PURCHASER
Mrs. Yashvi Sen
(Signature)

WITNESSES:

1. Name: ________________
Address: ______________
Signature: _____________
2. Name: ________________
Address: ______________
Signature: _____________
Q4. Advait Vaidya purchased a Videocon Washing Machine from Seliance Digital, Malad

West on 17th January 2024. The machine was delivered to him on 21st January 2024.

After using the machine for only 3 times, it stopped working and started making a weird

sound. You approached seliance for the return of the same but they stated that return

was not possible. They, however, assured that an employee would come to check the

machine in 2 days. The employee inspected the goods and repaired the same however,

the machine again stopped working in two days. He again contacted and wrote to

Seliance but has received no response. Draft a consumer complaint on behalf of Mr.

Advait.

ANS. :-

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

[Name of District]
Consumer Complaint No. [●] of 2024

IN THE MATTER OF:

Mr. Advait Vaidya,
Residing at [Full Address],
...Complainant

VERSUS

M/s. Seliance Digital,

Malad West, Mumbai,
Through its Manager/Authorized Representative,
...Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT,

2019

MOST RESPECTFULLY SHOWETH:

1. The Complainant:
1.1 The Complainant, Mr. Advait Vaidya, is a consumer within the meaning of the Consumer
Protection Act, 2019, having purchased a Videocon Washing Machine from the Opposite
Party. The purchase was made for personal use and not for any commercial purpose.

2. The Opposite Party:

2.1 The Opposite Party, M/s. Seliance Digital, is a business entity engaged in the sale of
consumer electronics and appliances, having its registered store at Malad West, Mumbai.
3. Facts of the Case:
3.1 The Complainant purchased a Videocon Washing Machine from the Opposite Party on
17th January 2024, for a total consideration of Rs. [Amount], as evidenced by the invoice
attached herewith.

3.2 The said machine was delivered to the Complainant on 21st January 2024.

3.3 After using the washing machine only three times, the machine suddenly stopped
working and started making an unusual noise.

3.4 The Complainant immediately approached the Opposite Party and requested a return of
the defective product. However, the Opposite Party declined to accept the return, stating that
a return was not possible. Instead, they assured that a technician would visit the
Complainant’s premises to inspect the machine within two days.

3.5 The technician from the Opposite Party visited and attempted to repair the washing
machine. However, the machine again stopped functioning within two days of the repair,
rendering it unfit for use.

3.6 The Complainant made several attempts to contact the Opposite Party and also sent a
written complaint, but the Opposite Party has failed to respond or provide a resolution.

4. Grounds for the Complaint:

4.1 Deficiency in Service: The Opposite Party has failed to provide a product free from
defects and has not honoured its obligation to either repair or replace the defective machine
satisfactorily.

4.2 Unfair Trade Practice: The Opposite Party, by selling a defective product and
subsequently failing to address the consumer’s concerns, has engaged in unfair trade
practices under the Consumer Protection Act, 2019.

4.3 Breach of Warranty: The washing machine is covered under the manufacturer’s
warranty, and the Opposite Party is liable to replace or adequately repair the defective
product as per consumer rights.

4.4 Mental Harassment & Inconvenience: The Complainant has suffered mental agony,
inconvenience, and financial loss due to the negligence and lack of responsiveness on the part
of the Opposite Party.

5. Reliefs Sought:
In light of the above, the Complainant prays for the following reliefs:

A. A direction to the Opposite Party to replace the defective washing machine with a new
one or provide a full refund of Rs. [Amount].

B. Compensation of Rs. 50,000/- for mental agony, harassment, and inconvenience caused to
the Complainant.

C. Cost of litigation amounting to Rs. 10,000/-.

D. Any other relief that this Hon’ble Commission deems fit and proper in the interest of
justice.

6. Interim Relief:
Pending the final disposal of this Complaint, the Complainant prays for an order directing the
Opposite Party to take immediate steps to rectify the defect or provide a temporary
replacement machine.

7. Affidavit:
The Complainant states that the facts mentioned herein are true to the best of his knowledge
and belief, and no other complaint has been filed on the same subject matter before any other
forum.

Place: [City]
Date: [Date]

Complainant
Mr. Advait Vaidya
(Signature)

Through Counsel
[Advocate Name]
[Advocate’s Address & Contact]

Enclosures:

1. Copy of Purchase Invoice

2. Copy of Written Complaint to Opposite Party
3. Photographs/Videos (if any)
4. Any other relevant documents
Q5. A private limited company "ABC Pvt. Ltd. " has patented a technology for
production of drones. "ABC Pvt. Ltd." wishes to explore the application of
drones in different fields and develop software’s for such wide applications. For
the said purpose, "ABC Pvt. Ltd." wishes to engage software engineers, but the
company is concerned about its intellectual property being used without
permission or technology being leaked outside their company.
a) What document would you advise the company to execute with the software
engineers?
b) Draft the document from the point of view of the company to be executed
with the software engineers.
ANS. :-
a) Recommended Document:

To protect its intellectual property and proprietary technology, ABC Pvt. Ltd. should execute
a Non-Disclosure Agreement (NDA) and an Intellectual Property Assignment
Agreement (IPAA) with the software engineers.

 Non-Disclosure Agreement (NDA): Ensures that confidential information related to

the patented technology, software, and business operations is not disclosed or
misused.
 Intellectual Property Assignment Agreement (IPAA): Ensures that any software,
designs, or technology developed by the engineers during their employment remains
the exclusive property of ABC Pvt. Ltd.

b) Draft Document

Below is a comprehensive Confidentiality and Intellectual Property Assignment

Agreement to be executed with the software engineers:

CONFIDENTIALITY AND INTELLECTUAL PROPERTY ASSIGNMENT

AGREEMENT

THIS AGREEMENT is made and entered into on this [Date] by and between:

ABC Pvt. Ltd., a company incorporated under the Companies Act, 2013, having its
registered office at [Address] (hereinafter referred to as the "Company"), which expression
shall, unless repugnant to the context, include its successors and assigns,

AND

[Software Engineer’s Name], an individual residing at [Address] (hereinafter referred to as

the "Engineer"), which expression shall include their legal heirs, representatives, and assigns.
WHEREAS:

1. The Company is engaged in the development and production of drones and related
software and possesses patented technology related to the same.
2. The Company wishes to engage the Engineer to contribute to software development
for drone applications while ensuring the protection of its proprietary technology and
intellectual property rights.
3. The Engineer acknowledges that, during the course of engagement, they will have
access to confidential information and that any intellectual property created during the
engagement shall belong exclusively to the Company.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties agree as follows:

1. CONFIDENTIALITY OBLIGATIONS

1.1 Definition of Confidential Information: "Confidential Information" includes, but is not

limited to, proprietary technology, software, source codes, business plans, trade secrets,
financial data, client lists, patent applications, and other technical and business information
disclosed to the Engineer during their engagement.

1.2 Non-Disclosure and Use Restriction: The Engineer agrees to: (a) Maintain the strictest
confidentiality of all Confidential Information; (b) Not disclose, directly or indirectly, any
Confidential Information to any third party without prior written consent from the Company;
(c) Use the Confidential Information solely for the purposes of their engagement with the
Company.

1.3 Exceptions: Confidentiality obligations shall not apply to information that: (a) Is publicly
available without breach of this Agreement; (b) Is lawfully obtained from a third party
without confidentiality restrictions; (c) Is required to be disclosed by law or regulatory
authority, provided prior notice is given to the Company.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Ownership of Work: The Engineer agrees that any work, software, design, invention, or
innovation created, developed, or contributed to during their engagement shall be the
exclusive property of the Company.

2.2 Assignment of Rights: The Engineer hereby irrevocably assigns to the Company all
intellectual property rights, including copyrights, patents, trademarks, and any other
proprietary rights, in any work created during the course of engagement.

2.3 Moral Rights Waiver: The Engineer waives any moral rights or similar claims over the
intellectual property created under this Agreement and agrees not to claim authorship or
ownership over such work.
3. NON-COMPETITION AND NON-SOLICITATION

3.1 Non-Competition: During the term of engagement and for a period of [1-2 years] post-
termination, the Engineer shall not engage, directly or indirectly, in any business that
competes with the Company’s drone technology and software development.

3.2 Non-Solicitation: The Engineer shall not, during their engagement and for a period of [1-
2 years] post-termination: (a) Solicit or attempt to hire any employee or consultant of the
Company; (b) Solicit business from any client, vendor, or partner of the Company.

4. TERM AND TERMINATION

4.1 This Agreement shall remain in force for the duration of the Engineer’s engagement and
shall survive post-termination with respect to confidentiality and intellectual property clauses.

4.2 In the event of a breach of this Agreement, the Company reserves the right to seek
injunctive relief, damages, and legal remedies.

5. GENERAL PROVISIONS

5.1 Governing Law & Jurisdiction: This Agreement shall be governed by and construed in
accordance with the laws of India. Any disputes arising shall be subject to the exclusive
jurisdiction of the courts of [City].

5.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties
and supersedes any prior agreements, whether written or oral.

5.3 Severability: If any provision of this Agreement is held invalid, the remaining provisions
shall continue in full force and effect.

5.4 Amendments: No modification or amendment of this Agreement shall be valid unless

made in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
mentioned above.

For ABC Pvt. Ltd.

Authorized Signatory
[Name & Designation]

Engineer
[Software Engineer’s Name]
[Signature]

Witnesses:

1. Name: ___________ Signature: ___________

2. Name: ___________ Signature: ___________
Q6. Mr. Hiroo Shah is a human rights journalist working at Times of India,
Mumbai. On his last visit to the Byculla District Jail, observed that several under
trial prisoners were intermingling with the convicted prisoners, contrary to
directions of the Supreme Court in this regard. He also, observed that due to
overcrowding, several prisoners were forced to live in unhygienic conditions.
Draft a Public Interest Litigation on behalf of Mr. Hiroo.
ANS. :-

IN THE HON’BLE HIGH COURT OF [STATE]

(PUBLIC INTEREST LITIGATION JURISDICTION)

PUBLIC INTEREST LITIGATION NO. [●] OF 2024

IN THE MATTER OF:

Hiroo Shah, Human Rights Journalist, Times of India, Mumbai, Residing at [Address], …
Petitioner

VERSUS

1. State of [State], Through the Chief Secretary, Government of [State], [Address].

2. Inspector General of Prisons, [State], [Address].
3. Superintendent, Byculla District Jail, Mumbai, [Address].
...Respondents

PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

TO,
THE HON’BLE CHIEF JUSTICE AND OTHER HON’BLE JUDGES OF THE HIGH
COURT OF [STATE]

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. PREAMBLE:

1.1 The Petitioner, Hiroo Shah, is a human rights journalist working with Times of India,
Mumbai. The Petitioner has been actively working for the protection of human rights and
ensuring compliance with constitutional mandates in custodial settings.

1.2 The present petition is filed in the public interest to bring to the notice of this Hon’ble
Court the serious violations of human rights taking place inside Byculla District Jail,
Mumbai, where under-trial prisoners are being intermingled with convicted prisoners,
contrary to Supreme Court directives. The jail is also severely overcrowded, leading to
inhumane and unhygienic conditions.
2. FACTS LEADING TO THE PRESENT PETITION:

2.1 That the Petitioner, during his recent visit to Byculla District Jail in [Month, Year],
personally witnessed several under-trial prisoners being lodged together with convicted
prisoners, which is in direct violation of the Supreme Court’s directions in Sunil Batra v.
Delhi Administration (1978 AIR 1675) and other binding precedents.

2.2 That overcrowding in the jail has led to unhygienic conditions, with prisoners being
forced to live in spaces that lack basic sanitation, ventilation, and access to clean drinking
water.

2.3 That such conditions violate Article 21 (Right to Life and Personal Liberty) and Article
14 (Right to Equality) of the Constitution of India, as well as the Prison Manual and
directions issued by the Supreme Court and National Human Rights Commission.

3. GROUNDS FOR THE PETITION:

3.1 That the intermingling of under-trial prisoners with convicted prisoners exposes them to
potential violence, coercion, and negative influences, violating their fundamental rights.

3.2 That overcrowding in jails is a recognized problem that leads to human rights violations,
as highlighted in Re-Inhuman Conditions in 1382 Prisons (2016 SCC OnLine SC 1224).

3.3 That the Supreme Court has repeatedly emphasized the necessity of prison reforms and
humane treatment of inmates, yet the current situation at Byculla Jail remains in stark
contrast to these principles.

3.4 That the Respondents have a statutory and constitutional obligation to ensure that
prisoners are kept in conditions that respect their dignity and fundamental rights.

4. RELIEFS SOUGHT:

In light of the above facts and circumstances, the Petitioner prays that this Hon’ble Court be
pleased to:

A. Issue a writ of Mandamus or any other appropriate writ, order, or direction directing
the Respondents to immediately separate under-trial prisoners from convicted prisoners as
per the Supreme Court’s guidelines.

B. Direct the Respondents to conduct a thorough inspection of Byculla District Jail and
submit a compliance report before this Hon’ble Court regarding the separation of prisoners
and measures taken to decongest the jail.

C. Appoint a judicial commission to monitor the conditions of prisons in [State] and ensure
the implementation of prison reforms as per constitutional mandates.

D. Direct the State Government to submit a time-bound action plan for improving jail
conditions, ensuring hygiene, proper sanitation, and adequate living spaces for inmates.
E. Grant any other relief that this Hon’ble Court deems fit and proper in the interest of
justice.

5. INTERIM RELIEF:

Pending the final disposal of this Petition, the Petitioner prays for an order directing the
Respondents to take immediate steps to separate under-trial prisoners from convicted
prisoners and improve sanitation conditions in Byculla Jail.

6. AFFIDAVIT:

The Petitioner states that the facts mentioned herein are true to the best of his knowledge and
belief, and that no other petition has been filed on the same subject matter before any other
forum.

Place: [City]
Date: [Date]

Petitioner
Hiroo Shah
(Signature)

Through Counsel
[Advocate Name]
[Advocate’s Address & Contact]

Enclosures:

1. Copy of News Reports/Photographs of Jail Conditions

2. Copy of Supreme Court Orders on Prisoner Separation
3. Copy of Representations (if any) sent to Authorities
4. Any other relevant documents

[Filed in the Public Interest]

Q7. Mrs. Sheena Bora has started a confectionary business called Theos in 2000
in Borivali West. Theos sold brownies, cupcakes, pastries, and other
confectionary and soon became popular for its taste and quality. By the end of
2010 she has opened 2 more branches in Mumbai. She now wants to expand
her business in Thane and other cities and considers franchise as the best
option. Draft a franchise agreement on behalf Sheena Bora.
ANS. :-

FRANCHISE AGREEMENT

THIS AGREEMENT is made and entered into on this [Date], by and between:

Mrs. Sheena Bora, residing at [Address], the sole proprietor of Theos, a confectionary
business established in 2000, having its principal place of business at [Address] (hereinafter
referred to as the "Franchisor"),

AND

[Franchisee’s Name], an individual/company having its principal place of business at

[Address] (hereinafter referred to as the "Franchisee").

WHEREAS:

1. The Franchisor owns and operates the business under the brand name Theos, known
for high-quality brownies, cupcakes, pastries, and other confectionery products.
2. The Franchisor desires to expand its business through a franchise model and the
Franchisee is interested in operating a Theos outlet.
3. The Franchisor has developed a unique system of operation, including recipes,
branding, and marketing strategies, which it is willing to grant to the Franchisee under
specific terms and conditions.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties
agree as follows:

1. GRANT OF FRANCHISE

1.1 The Franchisor grants the Franchisee the non-exclusive right to operate a Theos franchise
at the approved location [Address]. 1.2 The Franchisee shall operate under the name Theos
and shall not use any other name for the business.

2. TERM AND RENEWAL

2.1 The term of this Agreement shall be [5] years, commencing from the date of execution.
2.2 The Agreement may be renewed for additional terms upon mutual agreement, provided
the Franchisee has complied with all obligations.
3. FRANCHISE FEE AND ROYALTIES

3.1 The Franchisee shall pay an initial franchise fee of INR [Amount] to the Franchisor upon
signing this Agreement. 3.2 The Franchisee shall pay a royalty fee of [Percentage]% of
gross sales on a monthly basis. 3.3 Any late payment shall attract a penalty of [Percentage]
% per month.

4. TRAINING AND SUPPORT

4.1 The Franchisor shall provide initial training on product preparation, operations, and
management. 4.2 The Franchisor shall provide marketing support, operational guidance, and
periodic quality inspections.

5. BRAND AND OPERATIONS COMPLIANCE

5.1 The Franchisee must strictly adhere to the standards, recipes, and operational guidelines
provided by the Franchisor. 5.2 Any modification to products or branding must have prior
written approval from the Franchisor. 5.3 The Franchisee must maintain hygiene and quality
standards in accordance with food safety regulations.

6. INTELLECTUAL PROPERTY

6.1 The Franchisee acknowledges that all trademarks, logos, recipes, and branding elements
remain the exclusive property of the Franchisor. 6.2 The Franchisee shall not register or claim
ownership of any intellectual property belonging to the Franchisor.

7. TERMINATION

7.1 The Franchisor may terminate this Agreement if the Franchisee: (a) Fails to pay royalties
for more than [Number] consecutive months. (b) Breaches any material term of this
Agreement and fails to rectify the breach within [Number] days of notice. (c) Engages in any
act that damages the reputation of Theos. 7.2 Upon termination, the Franchisee shall
immediately cease using all branding, recipes, and confidential business methods.

8. CONFIDENTIALITY

8.1 The Franchisee agrees to keep all business methods, recipes, and operational details
strictly confidential. 8.2 The confidentiality obligation shall survive the termination of this
Agreement.

9. DISPUTE RESOLUTION

9.1 Any disputes arising from this Agreement shall be resolved through
mediation/arbitration in [City]. 9.2 The decision of the arbitrator shall be final and binding
on both parties.
10. GENERAL PROVISIONS

10.1 Governing Law: This Agreement shall be governed by the laws of India. 10.2 Entire
Agreement: This Agreement constitutes the entire understanding between the parties. 10.3
Amendments: No amendment shall be valid unless made in writing and signed by both
parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.

For Theos (Franchisor)

Sheena Bora
(Signature)

Franchisee
[Franchisee’s Name]
(Signature)

Witnesses:

1. Name: ___________ Signature: ___________

2. Name: ___________ Signature: ___________