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Kindly be in Prayer Clauses

  • Polite Legal Phrasing: Kindly be (often may kindly be pleased to or may kindly be allowed) is a standard courteous formula in Indian court petitions' prayer clauses, requesting specific reliefs like quashing proceedings or granting declarations. E.g., It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow this application and quash the entire proceeding ["2025 Supreme(Online)(All) 2587"]; May kindly allow the present appeal and set aside the impugned order ["2022 Supreme(Online)(APTEL) 227"]. Repeated in contexts like withdrawing permissions or declaring regulations invalid ["2025 Supreme(Online)(All) 2587"] ["2022 Supreme(Online)(APTEL) 227"] ["SMT.JAMNA vs STATE and ORS - Rajasthan"] ["SMT.JAMNA vs STATE and ORS - Rajasthan"].
  • Common Usage Variations: Courts note or quote these prayers routinely, sometimes critiquing vagueness (e.g., prayer is ... in a very casual manner ["2025 Supreme(Online)(Chh) 7055"]) or allowing limited prayers (e.g., Learned counsel for the petitioner makes a limited prayer ... Petition may kindly be allowed ["SMT.JAMNA vs STATE and ORS - Rajasthan"]). Used for injunctions, quashing orders, costs, or directions (e.g., the respondents may kindly be directed to remove the illegal ... ["SMT.JAMNA vs STATE and ORS - Rajasthan"] ["SMT.JAMNA vs STATE and ORS - Rajasthan"]).

Analysis and Conclusion

  • Legal Convention: This phrasing embodies deferential Indian judicial etiquette in writs/petitions under Cr.P.C., Articles 226/227, emphasizing humility (most humbly and respectfully prayed). Courts evaluate specificity; vague prayers may be dismissed with liberty to refile (e.g., the present petition may not be entertained with such a vague and sketchy prayer ... liberty to file afresh with proper prayer ["2025 Supreme(Online)(Chh) 7794"] ["2025 Supreme(Online)(Chh) 7055"]). No independent meaning beyond polite request for relief ["SMT.JAMNA vs STATE and ORS - Rajasthan"] ["SMT.JAMNA vs STATE and ORS - Rajasthan"] ["2024 Supreme(Online)(MP) 27667"].
Using the 'May Kindly Be' Phrase in Indian Court Prayer Clauses: Precedent and Practice

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. 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. 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. 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. 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. 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. 2017 0 Supreme(Bom) 2102- Repeated for multiple crimes: Crime bearing No. I284/2016 ... may kindly be quashed. 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. 2025 Supreme(RAJ) 976 Here, the court upheld competence despite procedural issues, ignoring phrasing. 2025 Supreme(RAJ) 976

Witness protection cases also note: in each application the prayer is made to provide police protection, highlighting protective prayers. 2017 0 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. 2021 0 Supreme(Bom) 1634- By appropriate writ order... the impugned order dated 18-12-2017 ... may kindly be quashed and set aside. 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. 2021 0 Supreme(Bom) 482

Company law applications seek: The sale of 9 MIG flats... may kindly be considered. 2025 Supreme(Online)(P&H) 3965 Courts confirmed sales, granting directions without phrasing critique. 2025 Supreme(Online)(P&H) 3965

Voluntary retirement pleas include: your honour may graciously be pleased to kindly consider my prayer... on compassionate ground. 2015 0 Supreme(Megh) 91 Suspension challenges post-notice were quashed, affirming acceptance. 2015 0 Supreme(Megh) 91

Disciplinary matters pray: As an Ad interim prayer... may kindly be granted. 2020 0 Supreme(Guj) 964 Courts scrutinized procedures, allowing petitions on merits. 2020 0 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. 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. 2014 0 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. 2013 0 Supreme(Bom) 2393

SMT.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 2013 0 Supreme(Bom) 2393, 2022 0 Supreme(SC) 848, 2017 0 Supreme(Bom) 2102, 2017 0 Supreme(Bom) 1706, 2021 0 Supreme(Bom) 1634, 2021 0 Supreme(Bom) 482,

SMT.JAMNA vs STATE and ORS

, 2025 Supreme(Online)(P&H) 3965, and others cited inline. #IndianLaw,#LegalDrafting,#PrayerClause
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