Course Objective:
This course will enable the students to -
To acquire knowledge of various forms.
Course Outcomes (COs):
Course |
Learning outcomes (at course level) |
Learning and teaching strategies |
Assessment Strategies Paper Code |
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Paper Code |
Paper Title |
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BCS 516 |
Drafting, Pleading and Appearances |
The students will be able to –
CO 162: To gain a knowledge about preparation of legal documents. CO 163: Understand the nexus between Law, fact and language. CO 164: to provide practical orientation and develop necessary acumenship in drafting legal documents. CO 165: Understand the various acts and rules. CO 166: Keeping abreast of latest developments. |
Approach in teaching: |
Class test, Semester end examinations, Quiz, Assignments, Class interaction, Presentation, Case study analysis, Open ended questions, think-pair-share, Socratic seminar |
Procedure; Jurisdiction and Review; Revisions; Reference; Appellate Forum.
General Principles of Drafting and Relevant Substantive Rules
Drafting, Concept, Drafting in simple language, common errors and its consequences. 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.
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
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 , Trust Deeds
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.
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.