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 (COs):
Course |
Learning outcome (at course level) |
Learning and teaching strategies |
Assessment Strategies |
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Course Code |
Course Title |
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BCS 612 |
Drafting, Pleading and Appearances (Theory)
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CO 211:Explore the general principles of drafting and its documents. CO 212:Develop necessary acumen ship in drafting legal agreements, documents and deeds. CO 213:Create understanding about preparation of legal documents under companies act 2013 and Contracts and learn professional etiquettes. CO 214: Construct awareness about history of pleading and fundamental rules of pleading. CO 215:Evaluate the various tribunals and quasi judicial bodies. CO 216:Contribute effectively in course – specific interaction. |
Approach in teaching: Learning activities for the students: |
Class test, Semester end examinations, Quiz, Assignments, Class interaction, Presentation, Case study analysis, Open ended questions, think-pair-share, Socratic seminar |
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
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
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
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
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:
Suggested Readings:
E- Content: