DRAFTING, PLEADING AND APPEARANCES

Paper Code: 
BCS 415
Credits: 
03
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

Course Outcomes (COs):

Course Outcomes

Learning and teaching strategies

Assessment

Strategies

On completion of this course, the students will be able to;

CO 136:To gain a knowledge about preparation of legal documents.

CO 137:Correlate the nexus between Law, fact and language.

CO 138:to provide practical orientation and develop necessary acumen ship in drafting legal documents.

CO 139:Assess the various acts and rules. Keeping abreast of latest developments.

CO 140

     
     
     

:Gain knowledge about the various tribunals and quasi judicial bodies.

 

Class lectures

Seminars

Tutorials

Group discussions and

Workshops

Question preparation

Class test, Semester end examinations, Quiz,  Assignments, Class interaction, Presentation, Case study analysis, Open ended questions, think-pair-share, Socratic seminar

 

9.00
Unit I: 
Judicial & Administrative framework

Judicial & Administrative framework: Procedure; Jurisdiction and Review; Revisions; Reference; Appellate forum.

General Principles of Drafting and relevant Substantive Rules: Drafting: Concept, General Principles and relevant substantive rules thereof; Drafting in simple language, nuances of drafting, common errors and its consequences like litigation, liability. Drafting policies, code of conduct, guidance note, waivers, releases, disclaimers, Basic Components of Deeds, Endorsements and Supplemental Deeds, Aids to Clarity and Accuracy, Legal Requirements and Implications; Supreme Court Rules and other guiding principles for drafting.

                                                

9.00
Unit II: 
Secretarial Practice and Drafting:

Secretarial Practice and Drafting:                                                                                   

Principles relating to Drafting of various resolutions; Drafting of notices & Explanatory Statements; Preparation of Agenda for meetings; Drafting and recording of minutes.

Drafting and Conveyancing Relating to Various Deeds and Documents (I)

Drafting of Agreements, Important Points Regarding Drafting of Contracts , Terms and Conditions in Agreement to Sell /Purchase , Building Contracts , Commercial Agency Contracts, Collaboration Agreements, Arbitration Agreements, Guarantees, Hypothecation Agreement , Outsourcing Agreements, Service Agreements, Electronic Contract & its Essentials , Leave and License Agreements, Will, Gift

9.00
Unit III: 
Drafting and Conveyancing Relating to Various Deeds and Documents (II) Promissory Note, Deeds of Power of Attorney, Hire-Purchase Deeds, Family Settlement Deeds Drafting and Conveyancing Relating to Various Deeds and Documents (III) Essential Requiremen

Drafting and Conveyancing Relating to Various Deeds and Documents (II)

Promissory Note, Deeds of Power of Attorney, Hire-Purchase Deeds, Family Settlement Deeds

Drafting and Conveyancing Relating to Various Deeds and Documents (III)

Essential Requirements and Drafting of Deed of Sale of Immovable Property, Mortgage & its Types /Drafting, License/License when transferable/Revocation, Lease, Lease Documents, Distinction between lease and license, Specimen forms

Drafting and Conveyance Relating to Various Deeds and Documents (IV)

Deeds of Assignment, Assignment of Business Debt/ Shares in a Company, Policies of Insurance, Patents, Trade Marks, Copyrights, Business and Goodwill, Partnership Deeds, rust Deeds

9.00
Unit IV: 
Drafting of Agreements under the Companies Act and Pleading

Drafting of Agreements under the Companies Act

Promoters’ Contract-Pre- Incorporating Contracts, MOA, AOA, Underwriting and Brokerage Agreements, Shareholders Agreement, Contract of Appointment with MD/Manager/Secretary, Deeds of Amalgamation of Companies: Transfer of Undertakings, Compromise, Arrangements and Settlements, Slump Sale Agreement 

 

Pleadings

Pleadings in General; Object; Fundamental Rules of Pleadings; Civil: Plaint Structure; Description of Parties; Written Statements, Interlocutory Applications, Original Petition, Affidavit, Execution Petition and Memorandum of Appeal and Revision, Special Leave Petition; Criminal: Complaints, Criminal Miscellaneous Petition, Bail Application and Memorandum of Appeal and Revision; Drafting of Affidavit in Evidence; Arguments on Preliminary Submissions; Arguments on Merits; Legal Pleadings and Written Submissions, Application, Petitions, Revision Petitions, Notice of Motion, Witness, Improper Admission, Rejection, Appeal, Review, Suits, Undertakings, Indemnity Bonds, Writs, Legal Notices, Response to Legal Notices.

9.00
Unit V: 
Art of writing opinions and art of Advocacy

Art of Writing Opinions

Understanding facts of the case; case for opinion writing, Application of relevant Legal Provisions to the facts; Research on relevant case Laws; Discussion and Opinion writing.

 

Appearances & Art of Advocacy

Requisites for entering appearances; Appearing before Tribunals/Quasi-judicial Bodies such as NCLT/ NCLAT/ / CCI/ TRAI/ Tax Authorities and Appellate Tribunals/ and authorities such as ROC/ RD/ RBI/ ED/Stock Exchange/ SEBI/ RERA; Art of advocacy.

Essential Readings: 

ESSENTIAL READINGS:

·       Study Material Published by ICSI

 

SUGGESTED READINGS:

·       Scanner-Arun Kumar(ShuchitaPrakashans(P) Ltd)

Academic Year: