How to File Case Without Lawyer or In Person with Sample Draft.

How to File Case Without Lawyer or In Person with Sample Draft-

Sample Legal Draft for Courts, Commissions & Authorities-Since i have started legal awareness & protest movements past many years against the corrupt system and also have achieved success in most of the matters like refunding illegal fees to the students, getting orders of criminal prosecution & imposing fine against the most reputed law college of the country, dismissal of the guilty school principals harassing the children for want of illegal fees, scrapping of unjust government resolutions, delivering justice to the students who were victim of the defective moderating & revaluation system of the university, i have noticed that whether before courts, commissions or authorities or even during the peaceful protests if people prepare their drafts in professional manner it surely yields high results against the corrupt system before various courts, commissions & authorities.

I have also observed that as the common people fail to put their legitimate grievances specifically & briefly for want of professional legal drafts before the courts, commissions & authorities irreparable damage is caused to their overall grievances against their fight against the corrupt system. Many people keep focusing on their emotional aspects only before such courts, commissions & authorities which obviously bears no fruit as the any administrative or judicial system substantially focuses on legal aspects mainly & rarely or partially emotional aspect is taken into consideration.

It is needless to mention that the professional draft of lawyers & those prepared by the common people with sample drafts could not be compared . However i firmly believe that if people file their matters before the appropriate courts, commissions & authorities in the manner given below with sample draft, not only they would be saved from the irreparable damages but also their success rate would increase drastically against their fight against the corrupt system & common people would perform far better than their usual performance before many courts, commissions & authorities.

I have also observed that there are many people who have tremendous potential to argue & fight their legal battles before various authorities, commissions & courts in person & just because they do not have any fixed format, sample drafts or basic guidelines about filing such complaints or cases they fail to get their cases or complaints filed in professional manner before the courts, commissions & authorities.

Hence i have been always thinking to make common draft format for common people which should be useful for them at various courts, commissions & authorities. It is never an easy task to prepare common legal draft for the courts, commissions & authorities altogether as all of them mostly have different procedural aspect of filing, yet i have done my best to at least prepare such model draft which should reduce the chances of the gross mistakes & errors people commit in their drafts.

If people prepare their drafts in manner given below, this draft i believe that those who have some basic knowledge of law can fight their cases in person before most of the courts, commissions & authorities.

How to File Case Without Lawyer or In Person with Sample Draft- For courts, Commissions & Authorities-

For the purpose of explaining how the common people who have no money to hire a lawyer or want to fight their cases in person before authorities, commissions or courts for inevitable reasons, i have taken the issue of filing complaint before Child Rights Commission against the harassment of the children for the want of illegal & excessive fee issue for explaining the Sample legal draft.

I would suggest that every such complaint or case should be made in following formats & sequences-

  1. Index
  2. List of Events or Chronological Synopsis
  3. The Complaint/Petition-
    The Complaint/Petition aspect is further divided into-
    a.Name & address of the parties including complainant & respondents.
    b.The main categorized complaint.
    c.Points to be urged.
    d.Prayers.
    e.Affidavit if required.

It can clearly be seen that mere following the titles mentioned in the above format in any complaint would remove most of the irrelevant parts & mistakes which many common people do commit unfortunately while making the complaint before many courts, commission & authorities. Yet i feel it proper to explain the each & every category above mentioned in detailed manner for the common people is necessary and the same is given as follows.

How to File Case Without Lawyer or In Person with Sample Draft.

1.Sample Index-

Index should be put first before any complaint or case. Index though would be prepared after the whole complaint or petition is ready, but should be put first on in any complaint. In short Index means details in tabular form about how your complaint is categorized & how the documents are attached & numbered in sequential manner in your complaint or case. Sample Index is as follows-

Before the Hon’ble Maharashtra

State Commission for Protection of Child Rights, Maharashtra

Complaint No     of 2018

Mr.ABC
(Complainant)

Vs.

The Principal of XYZ School & Others

(Respondents)

Index

Sr.No Particulars Page No’s
1 List of Events/Chronological Synopsis  1-7
2 Synopsis 8-10
3 The Complaint/Petition 11-25
4 Annexure A-
Copy of the fee receipts paid by the Complainant for academic years of 2014-2017.
 26-30
5 Annexure B-
Copy of the Letter of Dy. Director of the Education Dtd.25.04.2018 declaring fee hike of the Respondent School illegal and further mentioning of illegalities committed by the Respondent School.
31
6 Exhibit C-
Copy of the notice served by the Respondent School Dtd.01.05.2018 to pay the illegally hiked and fee and further threatening of de enrollment of the Complainant’s daughter.
32
7 Exhibit D-
Copy of the reply sent by the Complainant Dtd.07.05.2018 to the notice of de enrollment by the Respondent School reiterating her stand that the demand of hiked fee by the Respondent School is illegal.
33
8 Exhibit E-
Copy of the report of the Education Officer, Shikshan Mandal Dtd.06.07.2018 based on 5 Member Committee of the Pune Municipal Corporation recommending to the senior authorities to take actions against the many illegalities committed by the Respondent School under many provisions of existing laws.
 34-36
9 Exhibit F-
Copy of the Government Notification declaring compulsion of purchasing stationeries by the schools and further making provisions for procedures of ‘Blacklisting’ such institutes and other strict actions.
 37-39
10 Exhibit G-
Copy of the relevant paras of the Judgement given by Hon’ble Supreme court of India in PA.Inamdar’s case.
 40-42
11 Exhibit H-
Copy of the notice of civil as well as criminal actions issued by the Complainant Dtd.14.10.2018 against the Principal Secretary of Sports and Education Department for his willful omission to take action against the Respondent School.
43-44
 

12

Exhibit I-
Copy of the complaint made by  Complainant Dtd.10.11.2018 to the Sr.Police Inspector, PQR Police Station under the existing laws to take the criminal action against the Respondent School.
45-48
13 Exhibit J-

True Downloaded copy of The Right of Children to Free and Compulsory Education Act, 2009 from the official website of Hon’ble Bombay High Court.

 49-64
14 Exhibit K-
True Downloaded copy of The Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 from the official website of Hon’ble Bombay High Court.
 65-79
15 Affidavit      80

2.Sample Chronological Synopsis-

After the Index, you need to put the Chronological Synopsis very briefly as follows-

Chronological Synopsis-

Date/Year Event
2014-15 The Complainant secured admission for her daughter Miss Angel for the Grade I at the ABC school (hereinafter referred as Respondent School) for the academic year of 2014-15.
2014-15 to 2017 The Complainant paid all the fees demanded by the respondent school management amounting Rs.120000/- totally till the academic year of 2017.
25.04.2018 The Dty.Director of Education declared the fee hike of the respondent school management violative of the existing laws especially of Maharashtra Education Institutions Regulation of Fees Act 2011 wide his letter Dtd.25.04.2018.
01.05.2018 In spite of declaration of the fees of the respondent school management as illegal by the Dy.Director of Education, the school management served the notice to pay the fees & also threatened of dire consequences of expulsion of the complainant’s minor daughter from the school.
07.05.2018 The complainant issued the cheque of Rs.45000/- as an under protest payment to the respondent school management in the interest of running cost of the school administration against their demand of Rs.55000/-  with additional fee demand of Rs.8000/- for the compulsory stationeries which has been prohibited by the existing laws & also not approved by the Parent Teachers Association’s Executive Committee.
15.05.2018 The respondent school management returned the cheque of Rs.45000/- to the complainant for want of illegally hiked excessive & capitation fees of Rs.55000/- with additional fee demand of Rs.8000/- for the compulsory stationeries which has been prohibited by the existing laws & also not approved by the Parent Teachers Association’s Executive Committee. In the same notice the respondent school management has threatened the complainant of dire consequences of expulsion of the minor daughter of the complainant for the nonpayment of fees.
10.07.2018 The respondent school management stopped providing the stationeries, books & uniform to the daughter of the complainant for want of illegal, excessive & capitation fees & also not letting  information of the shops where  complainant can purchase the books, uniforms & stationeries which is mandatory under the existing laws.
  That there is continuous harassment of the daughter of the complainant and also likely further danger of violation of statutory and fundamental rights including the expulsion of the complainant’s daughter from the school for want of illegal, excessive & capitation fees which is declared as cognizable offence under the existing laws because of the inaction of the respondent public officers.

Hence this complaint.

You can thus see that mere perusal of the Index & Chronological Synopsis above given portrays complete scenario in the mind of reader right? It clears 99% of your issue for the reader. In the same way once you put file the complaint in this way it takes concerned courts, commissions & authorities to understand your matter quickly which saves their considerable time & gives a good impression about your drafts.

 

How to File Case Without Lawyer or In Person with Sample Draft.

3.The Complaint/Petition-

The Complaint/Petition aspect is further divided into-
a.Name & address of the parties including complainant & respondents.
b.The main categorized complaint.
c.Points to be urged.
d.Prayers.
e.Affidavit (if required).

a.Name & address of the parties-

It should be noted that many people file their complaints by merely addressing the concerned courts, commissions & authorities and mention only parties against whom they think they have grievances.

However people must include the head of the government department along with all the related government officers as respondents in their complaints. Thus for the above mentioned sample matter, the list of the parties at the beginning of the complaint would be as follows-

Name & address of the parties-

Miss Angel through Guardian ABC

Address-

                                              …Complainant

 

Vs

1) The Principal of XYZ School

   Address-

2) XYZ2, Chairman, President of —– Trust, running the school

Address-

3) State of Maharashtra through its Principal Secretary School Education & Sports Department) State of Maharashtra.

Address-

4) Commissioner (Education), School Education Sports Department, State of Maharashtra.

Address-

5) Director (Primary), School Education Sports Department, State of Maharashtra.

6) Jt.Director (Primary) School Education Sports Department, State of Maharashtra.

7) Commissioner of —- Municipal Corporation

Address-

8) Dy.Director of Education

Address-

9) The Administrative Officer, Education Council, —–Municipal Corporation, Pune.

Address-

10)  Education Officer, — Municipal Corporation

Address-

11) The Commissioner of Police

Address-

12) Sr.Police Inspector, —– Police Station

Address-

Though including more respondents is likely to increase the cost of complaint or case, it is always advised to include all the public servants including head of their department so that no defect is left in your prayers for want of jurisdiction. Also you can further pray for appropriate disciplinary action to the top most officer against the sub ordinate officers for not performing their statutorily binding duties.

How to File Case Without Lawyer or In Person with Sample Draft.

b.Categorized complaint-

The people should make a detailed complaint narrating the whole cause of action, illegalities, violations of statutory & fundamental rights in a categorized manner. The sample categories in view of the above mentioned complaint can be seen as follows-

i.Payment of fees till date by the complainant.

ii.Declaration of fees as illegal by the Dy.Director of Education.

iii.Demand of illegal fees by the school management.

iv.Refusal of under protest payment by the school management-

v.Harassment of the daughter of the complainant.

vi. Statutory details of the violations of the school management for demanding the fees.

vii.Compulsion of the stationeries in violation of the existing laws.

Thus if people can explain their grievance in categorical manner, it gives not only categories to the complaint properly but during the course of arguments you can jump directly to the categorized part of the complaint.

Thus when issue of ‘illegality of the fees’ is discussed you can turn to specific pages of your complaint for reference as you have already categorized it separately. Further when school alleges you have ‘not paid’ the fees you can jump to the category of ‘under protest payment’ issued category and argue well before the courts, commissions & authorities.

How to File Case Without Lawyer or In Person with Sample Draft.

c.Points to be urged-

This is also the most important part of the complaint as all the complaint is briefly narrated in this filed. It happens many times that during the course of hearing the appropriate courts, commissions & authorities ask to explain the people their grievances briefly and people instead of explaining briefly and specifically start explaining the whole issue in narrative way. Also this filed is useful when opposite party tries to mislead their illegalities by diverting the issues yet you can humbly interrupt and repeat these points so that issue is never get diverted.

The sample points to be urged category in view of the above mentioned complaint can be explained as follows- (In this matter we presume that the incident has happened in State of Maharashtra hence some statutes applicable to State of Maharashtra are mentioned below)-

Points to be urged-

  1. That the Respondents No.1 & 2 School Management are guilty of inflicting mental harassment and cruelty upon the minor daughter of the Complainant for want of illegal, excessive and capitation fees & thus have committed the violation of the conditions of the recognition under the rules framed under the Form II of the rules of 2011 under the Right of Children To Free and Compulsory Education Act, 2009 & hence are liable to be punished under S.18(3) of the act for withdrawal of the recognition of the school.
  2. That the respondent school management has acted in a manner detrimental to the public interest and hence their management needs to be taken over under the S.6 of The Maharashtra Educational Institutions (Transfer Of Management) Act, 1971.
  3. That the Respondents No.1 & 2 School Management are guilty of inflicting mental harassment and cruelty upon the minor daughter of the Complainant for want of illegal, excessive and capitation fees & thus have committed the violation of S.17 of the Right of Children To Free and Compulsory Education Act, 2009 & hence are liable to be punished under service rules applicable to them & also Respondent No.1 is liable to be punished severely under U/S.29 of the  Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 & also liable for the prosecuted under S.75 & of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  4. That the Respondent No.1 & 2 school management has committed the offence of demand & collection of the illegal, excessive & capitation fees in an extortionate way from the complainant in violation of the existing laws & hence is liable to be prosecuted under U/S.3 & S.7 of The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 & U/S.16 of Maharashtra Educational Institutions (Regulation of Fee) Act, 2011.
  5. That the Respondents No.5 to 10 public servants are guilty of S.3 and its sub sections of Maharashtra Civil Services (Conduct) Rules 1979 & or applicable service rules to them.
  6. That as the Respondents No.5 to 10 have criminally conspired with the school management and have willfully failed to perform their statutorily binding duties have further caused tremendous loss to public exchequer & hence are liable to be prosecuted and punished as per the applicable service rules to them.

How to File Case Without Lawyer or In Person with Sample Draft.

d.Prayers-

It is to be noted that the points to be urged & prayers are both interrelated completely and whatever is urged is to be put in prayers with statutory provisions. However most important part to remember here is always put an extra effort to know who is appropriate authority to take action against the illegalities.

I have recently seen many cases in Maharashtra in illegal fee matters where the concerned officers and even commissions have directed the school to stop the collection of illegal fees or readmit the expelled child in the school, however same has been set aside by the Hon’ble Bombay High Court for want of jurisdiction.

Hence it is always advised if the officer who has passed the order in your favor, instead of thanking him first get the information if he has real authority to issue such orders or he has willfully put a trap on you so that such orders get automatically set aside in the courts ultimately!

Some sample prayers with reference to above mentioned matter are explained as follows-

In view of the facts mentioned in the Paras 1 to 8, it is most humbly prayed before this Hon’ble Commission to recommend (as the child rights commission have recommendatory power only)-

  1. 1.Respondent No.3 to take criminal as well as disciplinary action against the Respondent No.4 to 10 under the service rules applicable to them.
  2. Respondent No. 3 to take strictest action U/S.13, S.17, S.18 & S.19 of the Right of Children To Free and Compulsory Education Act, 2009 against the Respondents No.1 & 2 School Management.
  3. Respondents No.3 to prosecute the Respondents No.1 & 2 School Management U/S.3 & S.7 of The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987.
  4. Respondent No.3 to Prosecute the Respondents No.1 & 2 School Management & impose fine of twice of the illegally collected amount collected U/S.16 of Maharashtra Educational Institutions (Regulation of Fee) Act, 2011.
  5. Respondent No.3 to ban Respondents No.1 & 2 School Management from holding any post in any school or management U/S 16(3) of Maharashtra Educational Institutions (Regulation of Fee) Act, 2011.
  6. The Respondent No.3 to take over the management of the respondent school U/S.6 of The Maharashtra Educational Institutions (Transfer of Management) Act, 1971.
  7. The Respondent No.3 to take strictest disciplinary action under S.29 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.
  8. That any other recommendation in the interest of justice be passed.
  9. In this case as we have prayed against the head of the education department, generally he will direct his sub ordinate to take appropriate action and hence issue of sanction of authority should not come.

    How to File Case Without Lawyer or In Person with Sample Draft.

    e.Affidavit-

    It is to be noted that courts require affidavits in almost all the matters. However some authorities and commissions need not to provide the affidavit. Information should be derived in this matter before filing the complaint or case otherwise the concerned authority or court would ask to submit the affidavit first and put the hearing on next date and unnecessarily time may be wasted.

    Sample Affidavit-

    I, ABC, Age- **Yrs, Residing At:, the Complainant above named, do hereby state on solemn affirmation that whatever stated in paragraph Nos.  to  are true and correct to the best of my knowledge and belief. Hence, verified and signed at ——-, on      —- Day of the month of October, 2018 at ——.

                                                                                                                                            Deponent

    Identified by me,

                                                                                                                                                                    Before Me

    I have done my best to explain the importance of putting the complaint or case categorically, specifically or to put in brief professionally.  After reading this article i think most of the people would understand how important it is to file the case in the above given manner.

    I believe if people follow this pattern before many courts, commissions & authorities  huge amount of the time consumed deliberately by the public servants could be controlled and success ratio of their fight against corrupt system would increase considerably.

    The most important advise i would like to give is after preparing the complaint or case in above mentioned manner always consult lawyer before filing it before appropriate courts, commissions & authorities, as the concerned lawyer may charge very small amount only for consulting the draft or making necessary changes or corrections which would make the draft perfect & error free.

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    -Adv.Siddharthshankar Sharma
    Founder President-Bharatiya Krantikari Sangathan

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    Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

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