Drafting, Pleading and Appearances

Paper Code: 
24BCS612
Credits: 
04
Contact Hours: 
60.00
Max. Marks: 
100.00
Objective: 

Course Objectives:

This course will enable the students to equip with practical aspects of drafting various types of agreements, documents, applications to the quasi-judicial bodies including Tribunals and to provide competency for pleading and appearances.

Course Outcomes: 

Course

Learning outcome

(at course level)

Learning and teaching strategies

Assessment Strategies

Course Code

Course

Title

 

24BCS612

 

Drafting, Pleading and Appearances (Theory)

CO 1:Explore the general principles of drafting and its documents.

CO 2:Develop necessary acumen ship in drafting legal agreements, documents and deeds.

CO 3:Create understanding about preparation of legal documents under companies act 2013 and Contracts and learn professional etiquettes.

CO 4: Construct awareness about history of pleading and fundamental rules of pleading.

CO 5:Evaluate the various tribunals and quasi judicial bodies.

CO 6:Contribute effectively in course – specific interaction.

Approach in

teaching: Interactive Lectures, Discussions, Tutorials, Problem solving sessions, Presentations

 

 

Learning activities for the students: Self-learning assignments, Case Study Analysis, Presentations, Group Discussions

 

Continuous Assessment Test, Semester End Examinations, Quiz, Assignments, Class Presentations, Individual and group projects.

 

 

12.00
Unit I: 
Document drafting essentials

Types of Documents:

  • Deeds, Agreements, Contracts, Difference between Deeds,
  • Agreements and Contracts, Circulars, Public Notices, Standard Bids and Tenders,
  • Letter of credit, bank guarantee, and performance guarantee, Bye Laws,
  • Show Cause Notices, Standing Orders, Bond.

General principles of Drafting:

  • Drafting, Conveyancing, Distinction between Drafting, Conveyancing and Contract,
  • General Principles of Drafting all sorts of deeds and conveyancing,
  • Basic Components of Deeds, Important Terms and Conditions in the Agreement,
  • Broad Outlines of deed, Guidelines for use of particular words and phrases for drafting and conveyancing, Use of Appropriate words and expressions, Aids to Clarity and Accuracy,
  • Endorsements, Stamping of the Deeds

Art of Opinion Writing:

  • Understanding facts of the case, Application of relevant Legal Provisions to the facts,
  • Research on relevant case Laws, Discussion,
  • Form of Opinion, Opinion writing, Case Study on Opinion writing

 

 

12.00
Unit II: 
Mastering Legal Drafting: Contracts and Commercial Agreements

Laws relating to Drafting and Conveyancing:

  • Communication, acceptance and revocation of proposals,
  • Essentials of Contracts, Contingent Contracts, Recovery of specific immovable property, Specific Reliefs, Contracts not specifically enforceable,
  • Declaratory Decrees, Sale, Mortgage, Lease, Licence, Gift, Actionable Claims,
  • Compulsory and Optional registration of Documents, Time and Place of Registration, Effects of
  • Registration and Non-registration of Documents, Adjudication and Payment of Stamp Duty, Law relating to Power of Attorney.

Drafting of Agreements, Deeds and Documents:,

  • Deeds of Power of Attorney i.e. General Power of Attorney and Special Power of Attorney, Lease Deed, License Deed, Mortgage Deed, Gift Deed, Sale Deed and Agreement to sell,
  • Alternate Dispute Resolution(ADR) Agreements, Employment Contracts, Settlement Agreements, Drafting of Bye-Laws of Societies, Drafting of Standing Orders,
  • Reply of Show Cause Notices, Notice under Section 138 of the Negotiable Instruments Act, Reply to Legal Notice under Section 138 of Negotiable Instruments Act.

Drafting of Commercial Contracts:

  • Limited Liability Partnership Agreement,
  • Joint Venture and Foreign Collaboration Agreements, Joint Development Rights Agreements,
  • Service Agreements, Dealership Contracts, Distributorship Contracts,
  • Franchise Agreements, Outsourcing Agreements, Non-disclosure Agreements,
  • E- Contracts.

 

12.00
Unit III: 
Leagl Documentation and Advocacy in Corporate Practice

Documents under Companies Act, 2013:

  • Deed of Transfer of Undertakings, Mortgage Deed, Debenture Trust Deed,
  • Share Purchase Agreements, Shareholders Agreements,
  • Underwriting and Brokerage Agreements,
  • Resolutions – Appointment of KMPs, Adoption of Financial Statements,
  • Distribution of Dividend, Corporate Social Responsibility,
  • Inter- corporate Loans, Borrowings and Investment by Company,
  • Approval of Related Party Transactions.

Commercial Contract Management:

  • Negotiation of best commercial and operational terms with vendors,
  • Create, analyze and execute contracts, Contract-related documents and correspondence,
  • Maintenance of contract documents, Compliance with mandatory provisions,
  • Tracking of contracts and extend, renew, and close,
  • Build and maintain relationships with vendors, clients,
  • Control over any charges for services out of the scope of the contract,
  • Actions in case of Breach of Contracts.

Art of Advocacy and Appearances:

 

  • Professional Etiquettes, Court Craft,
  • Preparatory Points, Duty towards Court, Client and Opponent,
  • Important Principles of Advocacy, Advocacy Tips,
  • Pre-requisites for entering appearances, Appearance Etiquettes.

 

12.00
Unit IV: 
Legal Framework and Pleading

Judicial & Administrative framework:

  • Types of Courts, E-Courts, Types of Tribunals/Quasi-Judicial Bodies, Jurisdiction,
  • Procedures, Reference, Review and Revisions,
  • Applicability of Civil Code on tribunals,
  • Types of Trials, Appellate forums

Pleadings:,

  • History of Pleadings, Meaning of Pleadings, Object of Pleadings,
  • Fundamental Rules of Pleadings, Suits, Suits for temporary and permanent injunctions,
  • Plaint Structure, Description of Parties, Written Statements, Interlocutory Applications, Petitions, Revision Petitions,
  • Execution Petition and Memorandum of Appeal and Revision, Writ Petition, Special Leave Petitions, Affidavit,
  • Drafting of Affidavit in Evidence, Arguments on Preliminary Submissions/Merits, Legal Pleadings and Written Submissions,
  • Applications, Witness, Improper Admission, Rejection, Appeal, Review, Undertakings, Indemnity Bonds, Legal Notices,
  • Response to Legal Notices.

 

12.00
Unit V: 
Legal Procedures and Appeals

Applications, Petitions and Appeals under Companies Act, 2013:

  • NCLT & NCLAT Rules, Appeal to NCLT against notice of refusal to transfer shares,
  • Application to NCLT for direction for calling the AGM and other meetings,
  • Application for Compromise and Arrangements including mergers and amalgamations, Application in case Oppression and Mismanagement,
  • Application for Class Actions, Application for compounding, Adjudication  and E-adjudication, Petition for Winding up,
  • Appeals before NCLAT, Case Studies on Mergers & Amalgamations, Oppression and Mismanagement, Class Action, Compounding, winding up

Adjudications and Appeals under SEBI Laws:,

  • Adjudicating Authorities, Process including Show Cause notices, Reply,
  • Personal Hearing, SEBI (Procedure for Holding Inquiry and Imposing Penalties) Rules, Penalties, Compounding, Consent Terms, Settlement Proceedings,
  • Appeals to Securities Appellate Tribunal, Constitution and Jurisdiction of Securities Appellate Tribunal(SAT), Procedure and Powers of SAT,
  • Procedure as per Securities Appellate Tribunal (Procedure) Rules, Adjudication, Appeals, Case Studies on Settlement Proceedings,
  • Insider Trading and Listing Obligation & Disclosure Requirements

Appearance before other Regulatory and Quasi-Judicial Authorities:

  • Appearing before Tribunals/ Quasi-judicial Bodies such as NCLT/SEBI/CCI/TRAI/Tax Authorities, Appearing before Appellate Tribunals and authorities such as RD/SFIO/ NCLAT/ RBI/ED/Stock Exchange/RERA/RERA
  • Appellate Tribunal/IPR Authorities, Case Study on Corporate Insolvency Resolution Process, Case study on combinations under the Competition Act, 2002.

 

 

Essential Readings: 

Essential Readings:

 

  1. Study Material Published by ICSI

 

References: 

Suggested Readings:

 

  1. Scanner- Arun Kumar (Shuchita Prakashans (P)Ltd
  2.  Practical Guide to Drafting Commercial Contracts by Bhumesh Verma
  3.  Drafting Pleadings and Appearances (Drafting/DPA) Cracker by Ritika Godhwani
  4.   Drafting, Pleadings & Appearances by Ankush Bansal

 

E- Content:

 

  1. https://www.icsi.edu/media/webmodules/ICSI%20New%20Syllabus%202022.pdf
  2. https://www.icsi.edu/e-journals/
Academic Year: