My New Blog: Update

Format Notice of Cheque Dishonour

Often we receive payment by cheque, unfortunately sometimes it gets dishonoured by the banker for insufficiency of funds in the drawer's account or for some other reasons. As a result we become bound to send legal notice to the drawer of the cheque.

Here is a format of such legal notice below, the format can be also downloaded in  free .pdf version from here.

FORMAT OF THE NOTICE

REGD./SPEED POST WITH A/D.

Ref. No. __________                            Date: ________ 

To
Mr. _____________
________________
________________

Re:    Notice U/S. 138 (b) of the Negotiable Instruments
        Act, 1881 as amended up-to-date.

Sir,
    Please take notice that in discharge of your existing legal liability and/or debts, you issued one A/c. payee cheque under your signature in my favour.

   Details of the said cheque are as follows: -

Cheque No. Cheque Date        Drawn on          Amount  
...............      .............           ________ Bank     ...........
                                             _______ Branch
                                             _____________   

    The abovementioned cheque on due presentation through my banker for encashment within its validity period, was returned unpaid vide cheque return memo dated ____________ with the endorsement “_________”.

It may further be mentioned that under Section 139 of the said Act, there is a presumption that the cheque above mentioned had been issued in discharge of a legally enforceable debt/liability owed by you.

In view of the aforesaid,  I do hereby call upon you and demand you to pay me the aforementioned amount of Rs. ________/- (Rupees ________________________) only, the amount of the said dishonoured cheque by pay order or bank draft or in cash within 15 days from the date of receipt of this notice, failing which, I will be constrained to institute legal proceedings against you under the provisions of Negotiable Instruments Act, 1881 as amended up-to-date, which will render you liable to be punished with imprisonment which may extend to two year or with fine which may extend to twice the amount of the cheque or with both.

Royalty Agreement - A Format

This is a format of Royalty Agreement. This is specifically drafted as an agreement to be entered into by and between an Author and a Book Publisher. A free .pdf version can be downloaded also from here.

FORMAT OF ROYALTY AGREEMENT
_______________________________________

AGREEMENT

1.    Date: 
2.    Place: 
3.    Parties:
3.1  ________ (Name), son / wife of ___________________, by Nationality–_______, residing at ____________________________ (with Police Station).
(Author, includes successors-in-interest and assigns)

AND

3.2    M/S.__________________________, a _______________ Concern, having its office at _______________________________ (with Police Station), being represented by its _________________, ______________________.
(Publisher, includes successors-in-interest and/or assigns)


Author and Publisher collectively Parties and individually Party.


NOW THIS AGREEMENT WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:


4.    Subject Matter of the Agreement:
4.1    Subject Property: A book in the form of a manuscripts or _______, under the name and style of _______________, written/authored by the Author and a copy whereof is set forth on Schedule A annexed hereto and made part hereof (Said Book).


5.    Basic Understanding:
5.1    Author’s Proposal: Author is willing to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher. Author doth hereby represent and warrant as stated hereinafter.
5.2    Acceptance by Publisher: Publisher doth accept the proposal of Author relying on his/her representation and warranties.
5.3    Discussions and Negotiations: Discussions and negotiations have taken place between Author and Publisher in respect of the subject matter hereof and essential terms and conditions in this regard have been finalized and agreed, which the Parties are recording hereunder.
5.4    Agreement: Pursuant to such discussions and negotiations, Author has agreed to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher for the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.


6.    Representations and Warranties of the Author:  
6.1    Sole Authorship: Author is the sole writer/author of the Said Book.
6.2    Original Work of Author: Said Book is the own original work and creation of Author and is not a copy of any other copyrighted work.
6.3    Author Absolute Owner: Author has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Publisher 
6.4    Author has Good Right: Notwithstanding any act, deed or thing whatsoever done, the Author has good right, full power, absolute authority and indefeasible right to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.


7.    Transfer:

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