Drafting, Appearances and Pleadings

Paper Code: 
BCS-613
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire expert knowledge of drafting, pleadings and advocacy techniques.

9.00
Unit I: 
General Principles of Drafting and Relevant Substantive Rules

• Drafting: Concept, General Principles and relevant substantive rules thereof
• Basic Components of Deeds, Endorsements and Supplemental Deeds, Aids to Clarity and Accuracy, Legal Requirements and Implications

9.00
Unit II: 
Drafting and Conveyancing relating to Various Deeds and Agreements

• Conveyancing in General, Object of Conveyancing
• Drafting of various Agreements including Sale Agreements, Joint Venture and Foreign Collaboration Agreements, Arbitration; Guarantees, Counter Guarantees; Bank Guarantee, Hypothecation Agreement, Outsourcing Agreements, Service Agreements, E-Contracts, Leave and License
• Promissory Note, Power of Attorney- General and Special, Will,
Relinquishment Deed, Deed of Dissolution of Partnership, Hire-Purchase Agreement, Deed of Family Settlement and Other Deeds
• Deed of Sale of Land, Building, Mortgage, License, Lease, Assignment, Trust, Gift, Partnership
• Drafting of Writs, Partnership Deed, Sale Agreements, Collaboration Agreements, Hypothecation Agreements, E-contracts
• Shareholder’s Agreement

9.00
Unit III: 
Drafting of Agreements under the Companies Act

• Pre incorporation Contracts; Memorandum and Articles of Association and other Agreements like slump sale.
Pleadings
• Pleadings in General; Object of Pleadings; Fundamental Rules of Pleadings
• Civil: (i) Plaint Structure; Description of Parties (ii) Written Statement (iii) Interlocutory Application (iv) Original Petition (v) Affidavit (vi) Execution Petition and (vii) Memorandum of Appeal and Revision (viii) Petition under Article 226 and 32 of the Constitution of India (ix) Special Leave Petition
• Criminal: (i) Complaints (ii) Criminal Miscellaneous Petition (iii) Bail Application and (iv) Memorandum of Appeal and Revision
• Application for Setting Aside Ex-Parte Decree; Ordinary Suit of Recovery; Suit under Order XXXVII of Code of Civil Procedure, 1908
• Suit for Permanent Injunction; Application for Temporary Injunction; Suit for Specific Performance; General Principles of Criminal Proceedings; Application under Section 125 of Code of Criminal Procedure, 1973; F.I.R under Section 154 of Code of Criminal Procedure, 1973

9.00
Unit IV: 
Appearances

• Appearance before Tribunals/Quasi Judicial Bodies such as CLB, SAT, NCLT, CCI, TRAI and Appellate Authorities
• Drafting of Affidavit in Evidence; Arguments on Preliminary Submissions, Arguments on Merits; Legal Pleadings and Written Submissions
• Dress Code, Etiquettes and Court Craft
Compounding of Offences
• Compounding of Offences under the Companies Act, SEBI Act, FEMA
• Consent Orders

9.00
Unit V: 
Practical Exercises

Notice to the Tenant under section 106 of Transfer of Property Act
• Notice under Section 80 of Code of Civil Procedure, 1908
• Reply to Notice
• General Power of Attorney
• Will
• Agreement to Sale
• Deed of Sale
• Suit for Dissolution of Partnership
• Petition for grant of Probate / Letters of Administration
• Petition under Section 397 of Companies Act, 1956
• Application for Appointment of Receiver/Local Commissioner
• Application for Compromise of Suit
• Application for Appointment of Guardian
• Application to Sue as an Indigent Person under Order 33, Code of Civil Procedure
• Appeal from Original Decree under Order 41, Code of Civil Procedure
• Appeal from Orders under order 43 of Code of Civil Procedure
• Revision Petition / Review Petition
• Application under Section 5 of Limitation Act
• Application for Execution
• Application for Caveat Section 148A of Code of Civil Procedure
• Writ Petition
• Application under Section 482 of Code of Civil Procedure
• Compounding of Offences by way of Compromise under Section 320(i) Code of Criminal Procedure
• Lease Deed / Mortgage Deed
• Special Power of Attorney
• Relinquishment Deed
• Partnership Deed / LLP Agreement
• Reference to Arbitration and Deed of Arbitration
• Deed of Gift
• Notice under Section 434 of the Companies Act
• Notice for Specific Performance of Contract

References: 

1. Study Material Published by ICSI
2. Scanner-Arun Kumar (Suchitra Prakashan (P) Ltd
3. Drafting, Conveyancing and Pleadings (1982),- G.M Tripathi and Arvind G Kothari( 2nd Ed N.M Tripathi (P) Ltd Bombay)
4. Commercial Drafting & Conveyancing, Dr J.C Verma (1988 Ed Bharat Law House New Delhi)
5.The Indian Conveyancer,(1987): P.C Mogha( Eastern Law House Calcutta)
6. Conveyancing Drafting & Interpretation of Deeds (1995) N.S Bindra(Law Publisher Allahbad)
7.Drafting Corporate & Commercial Agreements (2005): Rodney D Ryder (Universal Law Publishing Co Delhi)

Academic Year: