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Kindly be in Prayer Clauses

Analysis and Conclusion

Understanding 'May Kindly Be' in Indian Prayer Clauses

In the formal world of Indian legal drafting, certain phrases carry a unique blend of courtesy and convention. If you've ever wondered, what is 'kindly be in prayer'? – or more precisely, the ubiquitous may kindly be – you're not alone. This deferential expression is a staple in prayer clauses of writ petitions, criminal applications, and other pleadings filed in Indian courts. It serves as a polite imperative, humbly requesting judicial relief without altering the substance of the claim.

Far from being mere formality, may kindly be underscores respect for the court, aligning with the cultural emphasis on humility in legal communications. This article delves into its meaning, usage across cases, and best practices, drawing from judicial precedents. Note: This is general information; consult a legal professional for specific advice.

The Meaning and Role of 'May Kindly Be'

The phrase may kindly be (often shorthand as kindly be) prefixes requests for primary reliefs, such as allowing a petition, quashing an order, or issuing directions. It has no substantive legal effect but enhances the courteous tone, making pleadings more palatable to judicial benches.

Key characteristics include:- Ubiquitous usage: Found in prayer clauses for core reliefs like quashing impugned orders or granting writs.- Polite deference: Acts as a humble imperative, e.g., This Writ Petition may kindly be allowed.- Versatile application: Spans writs, criminal quashing, compassionate appointments, and tribe validity claims. Savita VS Zingaraji - 2013 0 Supreme(Bom) 2393

As seen in numerous judgments, courts accept this phrasing without comment, focusing instead on the merits. For instance, prayers like the impugned order dated 23.09.2016... may kindly be set aside maintain a uniform, respectful structure. St. Mary’s Education Society VS Rajendra Prasad Bhargava - 2022 0 Supreme(SC) 848

Usage in Writ Petitions and Civil Matters

Writ petitions under Article 226 of the Constitution frequently employ may kindly be to seek restoration or quash orders. Typical examples:- (A) This Writ Petition may kindly be allowed; (B) Record and proceedings may kindly be called for; (C) The order dtd. 6.9.2007 ... may kindly be quashed and set aside. Savita VS Zingaraji - 2013 0 Supreme(Bom) 2393- The Order and Judgment passed by the Hon. Member, Industrial Court, Jalgaon... may kindly be quashed and set aside. 25-C. The appropriate writ may kindly be issued. Murlidhar Makdu Sapkale VS State of Maharashtra - 2017 0 Supreme(Bom) 1706

This phrasing frames requests for judicial intervention politely. In service disputes, it appears as: the impugned order dated 23.09.2016 passed by the appellant... may kindly be set aside. St. Mary’s Education Society VS Rajendra Prasad Bhargava - 2022 0 Supreme(SC) 848

Additional precedents reinforce this: In a miscellaneous petition, petition, following prayer has been made by the petitioner... may kindly be allowed. SMT.JAMNA vs STATE and ORS Courts review such prayers on merits, as in cases where limited prayers were made without opposition. MAULIK vs STATE

Application in Criminal Proceedings

Criminal applications for quashing FIRs post-compromise routinely use the phrase:- This Criminal Application may kindly be allowed and the Crime bearing No. I292/2016 ... may kindly be quashed. Sanjay s/o. Divanji Gerange VS State of Maharashtra, Through its Police Inspector, MIDC Police Station - 2017 0 Supreme(Bom) 2102- Repeated for multiple crimes: Crime bearing No. I284/2016 ... may kindly be quashed. Sanjay s/o. Divanji Gerange VS State of Maharashtra, Through its Police Inspector, MIDC Police Station - 2017 0 Supreme(Bom) 2102

In appeals, prayers extend to: the impugned order/judgment dated 27.01.2027... may kindly be quashed and set aside and the writ petition filed by the appellant-petitioner may kindly be allowed. KAMLESH MEENA Vs. THE STATE OF RAJASTHAN - 2025 Supreme(RAJ) 976 Here, the court upheld competence despite procedural issues, ignoring phrasing. KAMLESH MEENA Vs. THE STATE OF RAJASTHAN - 2025 Supreme(RAJ) 976

Witness protection cases also note: in each application the prayer is made to provide police protection, highlighting protective prayers. Bhikhalal Kalyanji Jethava VS Central Bureau of Investigation (CBI) - 2017 Supreme(Guj) 1587

Employment and Specialized Disputes

In compassionate appointments and validity claims:- the impugned order dated 18-12-2017... may kindly be quashed and set aside. Yogita W/o. Shivsing Nikam VS State Of Maharashtra - 2021 0 Supreme(Bom) 1634- By appropriate writ order... the impugned order dated 18-12-2017 ... may kindly be quashed and set aside. Yogita W/o. Shivsing Nikam VS State Of Maharashtra - 2021 0 Supreme(Bom) 1634- This Writ petition may kindly be allowed and petitioner may kindly be held and declare as belongs to 'Mannervarlu', Scheduled Tribe. Mrunmayi D/o Sanjay Kudmulwar VS State of Maharashtra - 2021 0 Supreme(Bom) 482

Company law applications seek: The sale of 9 MIG flats... may kindly be considered. M/S JCT ELECTRONICS LTD. (IN LIQUIDATION) vs THE ASSETS RECONSTRUCTION COMPANY (INDIA) LTD. - 2025 Supreme(Online)(P&H) 3965 Courts confirmed sales, granting directions without phrasing critique. M/S JCT ELECTRONICS LTD. (IN LIQUIDATION) vs THE ASSETS RECONSTRUCTION COMPANY (INDIA) LTD. - 2025 Supreme(Online)(P&H) 3965

Voluntary retirement pleas include: your honour may graciously be pleased to kindly consider my prayer... on compassionate ground. Anjan Chakraborty VS Chief Secretary to the Govt. of Meghalaya - 2015 Supreme(Megh) 91 Suspension challenges post-notice were quashed, affirming acceptance. Anjan Chakraborty VS Chief Secretary to the Govt. of Meghalaya - 2015 Supreme(Megh) 91

Disciplinary matters pray: As an Ad interim prayer... may kindly be granted. Satish S/o. Ramprasad Agnihotri VS Union of India - 2020 Supreme(Guj) 964 Courts scrutinized procedures, allowing petitions on merits. Satish S/o. Ramprasad Agnihotri VS Union of India - 2020 Supreme(Guj) 964

Exceptions, Limitations, and Court Responses

No restrictions on usage appear; courts never reject prayers for this phrasing. Focus remains on substance:- Prayers may be non-pressed or amended independently. Mrunmayi D/o Sanjay Kudmulwar VS State of Maharashtra - 2021 0 Supreme(Bom) 482- In one case, Learned counsel for the petitioner makes a limited prayer... Petition may kindly be allowed. was unopposed. MAULIK vs STATE

Resignation withdrawals note: I do hereby request you to kindly accept my prayer. but hinge on rules like CCS (Pension) Rules. Shailendra Kumar VS Union of India - 2014 Supreme(Gau) 1058

Best Practices and Recommendations

To align with convention:- Use in primary prayers: Prefix reliefs like quashed and set aside, allowed, or directed.- Reserve for formal sections: Avoid in arguments; maintain decorum.- Ensure clarity: Pair with specific actions.

Drafting tip: This petition may kindly be allowed mirrors precedents across High Courts. Savita VS Zingaraji - 2013 0 Supreme(Bom) 2393SMT.JAMNA vs STATE and ORS

Key Takeaways

  • May kindly be is a courteous staple in Indian prayer clauses, promoting judicial respect.
  • Ubiquitous yet non-substantive, it spans writs, criminal, and employment matters.
  • Courts prioritize merits, accepting phrasing universally.

For litigants and lawyers, mastering such nuances ensures polished pleadings. Always tailor to case specifics and seek expert guidance – this overview is for informational purposes only.

References include judgments like Savita VS Zingaraji - 2013 0 Supreme(Bom) 2393, St. Mary’s Education Society VS Rajendra Prasad Bhargava - 2022 0 Supreme(SC) 848, Sanjay s/o. Divanji Gerange VS State of Maharashtra, Through its Police Inspector, MIDC Police Station - 2017 0 Supreme(Bom) 2102, Murlidhar Makdu Sapkale VS State of Maharashtra - 2017 0 Supreme(Bom) 1706, Yogita W/o. Shivsing Nikam VS State Of Maharashtra - 2021 0 Supreme(Bom) 1634, Mrunmayi D/o Sanjay Kudmulwar VS State of Maharashtra - 2021 0 Supreme(Bom) 482, SMT.JAMNA vs STATE and ORS, M/S JCT ELECTRONICS LTD. (IN LIQUIDATION) vs THE ASSETS RECONSTRUCTION COMPANY (INDIA) LTD. - 2025 Supreme(Online)(P&H) 3965, and others cited inline.

#IndianLaw,#LegalDrafting,#PrayerClause
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