DRAFTING, PLEADING AND CONVEYANCING

INDEX

I. General principles of Drafting, pleading and conveyancing

1) Pleading- 

Meaning - formal statement of the cause of action or defence eg.

Definition - not defined

Object

Importance

Rules of pleading (explain 4 rules with exceptions) - 

1.facts, not law 

2.only material facts 

(material facts - main and important facts on which the parties relies for his claim or defence )

3. only facts not evidence

2) Drafting

Meaning - preliminary or initial stage document for purpose of discussion and correction

Distinction between Pleading and drafting

3) Conveyancing

Meaning - an instrument or deed through which a living person transfer property in present or future to one or more living persons.

Definition

Advantages

Distinction between conveyancing and drafting

4)Deed

Meaning

Definition

Essentials of deed(explain)

Types of deeds

II. Exercise of Drafting

Plaint - is pleading of the plaintiff. Order VII and rule 1 CPC 1908 essentials- 

1 -the heading and title

2- body of the plaint, 

3- relief claimed 

4-signature and verification

Written statement -  pleading of the Defedent . Order VIII and rule 1 CPC 1908 ,reply to the plaint. Defedent deals with every material facts alleged by the plaintiff in the plaint

admission or denials - admit or deny all the material facts serially 

essentials - heading and title 

,body of written statement,

signature and verification

Affidavit -statement or declaration in writing mode on oath or affirmation .

ammendment - 

at the instance of court itself,

at the instance of the opposite party ,

one's own pleading with the leave of court   

complusory ammendment 

 voluntary amendment

Caveat

Execution petition

Appeal (civil

Revision civil

Application under motor vehicle act

Divorce petition

Adjournment application

PIL petition

Complaint

Appeal (criminal) Revision ( criminal)

Criminal Miscellaneous petition Maintenance u/s 144 of BNSS

Bail application    -  word derived from the french verb bailier - give or deliver , latin word - bajulare - bear a burden - in english common law - freeing or setting at liberty of one arrested or imprisoned upon any action either civil or criminal on surety taken for his appearance on certain day and place named. 

authorites competent to grant bail -

 police officers -

, magistrates, courts and government

bailable offence and non-bailable offences

anticipatory bail-

III. Exercise on conveyancing (deeds) 

 Agreement to sale-

Sale deed

Mortgage deed

Lease deed

Gift deed

Power of attorney

Promissory note

Will and codicil

Trust deed

Partnership deed

Guarantee deed

Leave and license deed

Adoption deed

Partition deed

Deed of Declaration 

contents of deed 

date

parties to the deed

recitals (A recital is a statement in a legal document that provides background information or context about the document, such as the purpose of the document, the parties involved, or the terms and conditions. Recitals are often found at the beginning of legal agreements, such as contracts or leases, and are also known as "whereas" or "preamble" clauses. )

testatum - witnessing clause .operative portion of the deed starts with testatum . starts with " Now this deed witnesses" as follows : 

consideration - valuable consideration is the basis of legal obligation.

reciept - an acknowlegement in writing of consideration , which may be incorporated in the deed itself. 

operative words- very important component of the deed which may varry according to the nature of the property and transaction.-the motive and intentions of the parties and should not be ambigous.

parcel- technical term -description of the actual property transferred.

general words- after Parcel -every minute details od the ceasements and legal incidents intended to be conveyed.-begain- together with buildings ,fixtures ,fences,appurtenances"

exceptions and reservations- if any -exclusion of anything which is not intended to be trasffered alongwith property.reservation- someting not in existance but it is newly created by the grant.

Habendum-"To have and to hold"followed by the deatils of the different particulars of the properties transffered and then ends with the words and all premises herein before expressed to be hereby granted or assigned or dismissed.

covenants- any agreement ,convention or promise of two or more parties , by deed in writing signed sealed and delivered by which either of the parties pledges himself to the other that something is either done or shall be done or stipulates for the truth of certain facts.

he who thous promises is called convenantor. whom it is made the conventee.

Testimonium- last and final clause - sets forth the fact of the parties having singned the deed.it is written in the following form-

"In witness whereof the parties hereto have set their respective hands and seals the day and year first above written."

Signature and Attestation:- at the end the deed should bear the signatures of the parties and also of the attesting witnesses.

SALE DEED

sale is the transfer of property for price. 

transfer of ownership - seller to buyer.

MORTAGE DEED

mortgage is the transfer of an interest in specific immovable property for securing the payment of money,or a present of future debt.it may be-

(i) simple without possecision (ii) usufructuary with possesion

 Convey- to transfer tittle from one person or class of persons to another

carry

to bear

deed which passes or conveys land or thing from one man to lanother

conveyance - transfer title or interest

defn

according to section 2(1) of the Stamp Act 

Conveyance includes:

(a) a Conveyance of Sale

b)le is tr

EVERY instrument

i. by which property whether movable or immovabale transferred inter vivos

ii. which is not otherwise specifically provided for by scedule i

DEED is written or printed document betn parties able to contarct under the hans of the obliger

 pleading

meaning:  in general use are

                plaint 

                written statement    

                petition

                affidavit

                counter - claim

                rules for drafting pleadings in india have been incorporated in Orders VI VII and VIII of CPC

Orders VI of CPC

 General principles to be adhered while drafting pleading

Orders VII

rules to be followed in drafting a plaint

Order VIII

rules to be followed in drafting   written statement    

Object : 

both parties to the dispute should know the exact points of such dispute

bring parties to real issue

avoid unnessary delay

reduce expense

give fair notice

provide brief summary of the case

assitance to the court by stating with precision thea area beyond which the dispute must not be permitted to extend

Rules of  Pleading

Plead Fact And not law

pleading of material facts and material facts only

material facts not evidence

pleading should be concise and Precise

Exception

presumptions

foreign law

mixed questions of law and fact

condition precedent

COURT Questions

No.	Section	Question	Answer
1	a-COURT	Supreme Court was established in India by following Charter-	Charter of 1774
2	a-COURT	During 1774, Supreme Court was established at –	Calcutta
3	a-COURT	In medieval period in Muslim period who had power to decide who should be allowed to appear as vakils?	Court
4	a-COURT	Before 1726, the courts derived power from-	East India Company
5	a-COURT	The Mayor’s courts were established by-	Charter of 1726
6	a-COURT	The Indian High Court Act which empowered the Government to establish High Courts in Presidency towns was passed in-	1861
7	a-COURT	All judges of State Courts are addressed as-	your honour
8	a-COURT	Language in the court should be	Clear and simple
9	a-COURT	Which of the following is the official language of state HC and Supreme Court?	English
10	a-COURT	Which of the following is the official language of District and Local courts in Maharahstra State?	Marathi and English
11	b-profession rules dress	Profession is an occupation that requires –	Advanced education and special training
12	b-profession rules dress	Which of following are equipment of an advocacy	All of above
13	b-profession rules dress	Legal profession is a	Noble profession
14	b-profession rules dress	solicitor is a lawyer that performs following functions	all of above
15	b-profession rules dress	Which of the following is not included in seven lamps of advocacy	Punctuality
16	b-profession rules dress	Rules of etiquette –	All of above
17	b-profession rules dress	The person who pleads or speaks in favour of another is known as-	Advocate
18	b-profession rules dress	To represent individual who may not be able to speak for themselves is known as-	Advocacy
19	b-profession rules dress	Direct representation of an individual or group of people in a judicial proceeding is known as ….advocacy	Judicial
20	b-profession rules dress	Which of the following is not an effective quality of an advocate?	Instigating litigants to file false case
21	b-profession rules dress	Which of the following is not a type of advocacy?	social
22	b-profession rules dress	Which of the following is the dress code of male advocate in India?	White shirt, black coat, white band, black/white trouser
23	b-profession rules dress	Advocates Right to practice can be related to which to which fundamental right under Indian constitution	Art 19(1)(g)
24	b-profession rules dress	Choose correct option 1)Advocate shall not personally engage in any business 2)He may be a sleeping partner in a firm which is not inconsistent with dignity of profession	both i and ii is correct
25	c- ACTS	Which Act permitted qualified Hindu and Muslims to enroll as pleaders-	The Bengal Regulation Act 1793
26	c- ACTS	Which committee recommended establishment of All India Bar ?	All India Bar Committee 1951
27	c- ACTS	The Advocates Act was enacted based on recommendations of	All India Bar Committee 1951
28	c- ACTS	Who were not within scope of Indian Bar Council Act, 1926	Pleaders and mukhtars
29	d- Advocates Act 1961	which of the following enactment prescribes rules about Lawyer’s profession in India	the Advocates Act 1961
30	d- Advocates Act 1961	According to which section of Advocates Act, advocates are only recognized class of persons entitled to practice	S.29
31	d- Advocates Act 1961	The certificate of Practise to the Advocate is to be issued within-----days of the date of declaration of results	30 days
32	d- Advocates Act 1961	The Advocates Act 1961 contains-	60 sections
33	e - Legal Practitioners Act	The Legal Practitioners Act was enforced during year-	1846
34	e - Legal Practitioners Act	According to Legal Practitioners Act 1879 the term Legal Practitioner means-	All of above
35	e - Legal Practitioners Act	Choose correct option- The Legal Practitioners Act 1846 allowed-	both correct
36	f - Code of Civil Procedure	Rules of drafting and pleading are prescribed under-… of the Code of Civil Procedure	Order VI
37	f - Code of Civil Procedure	Which of the following statement is incorrect?	There can be private communication with a judge before or during a hearing
38	f - Code of Civil Procedure	Which of the following enactment prescribes procedure for civil proceedings in Indian Courts?	The Code of Civil Procedure 1908
39	f - Code of Civil Procedure	Which of the following are fundamental principles of pleadings	All of above
40	f - Code of Civil Procedure	In the examination of witness a question may be objectionable if the form of question is-	All of above

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Question-Answer Table

No.	Question	Answer
1	Profession is an occupation that requires	Advanced education and special training
2	Which of following are equipment of an advocacy	All of above
3	Legal profession is a	Noble profession
4	solicitor is a lawyer that performs following functions	all of above
5	Which of the following is not included in seven lamps of advocacy	Punctuality
6	Rules of etiquette	All of above
7	The person who pleads or speaks in favour of another is known as	Advocate
8	To represent individual who may not be able to speak for themselves is known as	Advocacy
9	Direct representation of an individual or group of people in a judicial proceeding is known as ….advocacy	Judicial
10	Which of the following is not an effective quality of an advocate?	Instigating litigants to file false case
11	Which of the following is not a type of advocacy?	social
12	Which of the following is the dress code of male advocate in India?	White shirt, black coat, white band, black/white trouser
13	Which Act permitted qualified Hindu and Muslims to enroll as pleaders	The Bengal Regulation Act 1793
14	Which committee recommended establishment of All India Bar ?	All India Bar Committee 1951
15	According to Legal Practitioners Act 1879 the term Legal Practitioner means	All of above
16	which of the following enactment prescribes rules about Lawyer’s profession in India	the Advocates Act 1961
17	The Advocates Act was enacted based on recommendations of	All India Bar Committee 1951
18	According to which section of Advocates Act, advocates are only recognized class of persons entitled to practice	S.29
19	Advocates Right to practice can be related to which to which fundamental right under Indian constitution	Art 19(1)(g)
20	The Advocates Act 1961 contains	60 sections
21	The Legal Practitioners Act was enforced during year	1846
22	Who were not within scope of Indian Bar Council Act, 1926	Pleaders and mukhtars
23	Which of the following enactment prescribes procedure for civil proceedings in Indian Courts?	The Code of Civil Procedure 1908
24	Which of the following are fundamental principles of pleadings	All of above
25	In the examination of witness a question may be objectionable if the form of question is	All of above
26	Choose correct option 1Advocate shall not personally engage in any business 2He may be a sleeping partner in a firm which is not inconsistent with dignity of profession	both i and ii is correct

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` cell containing the question number. This will produce a well-formatted HTML table with borders and question numbers as requested. answer table by Sudhir ingale-patil on 2024-12-22T06:38:00-08:00 Read in ... (-Words) Scroll Down   Question Answer Profession is an occupation that requires Advanced education and special training Which of following are equipment of an advocacy All of above Legal profession is a Noble profession solicitor is a lawyer that performs following functions all of above Which of the following is not included in seven lamps of advocacy Punctuality Rules of etiquette All of above The person who pleads or speaks in favour of another is known as Advocate To represent individual who may not be able to speak for themselves is known as Advocacy Direct representation of an individual or group of people in a judicial proceeding is known as ….advocacy Judicial Which of the following is not an effective quality of an advocate? Instigating litigants to file false case Which of the following is not a type of advocacy? social Which of the following is the dress code of male advocate in India? White shirt, black coat, white band, black/white trouser Which Act permitted qualified Hindu and Muslims to enroll as pleaders The Bengal Regulation Act 1793 Which committee recommended establishment of All India Bar ? All India Bar Committee 1951 According to Legal Practitioners Act 1879 the term Legal Practitioner means All of above which of the following enactment prescribes rules about Lawyer’s profession in India the Advocates Act 1961 The Advocates Act was enacted based on recommendations of All India Bar Committee 1951 According to which section of Advocates Act, advocates are only recognized class of persons entitled to practice S.29 Advocates Right to practice can be related to which to which fundamental right under Indian constitution Art 19(1)(g) The Advocates Act 1961 contains 60 sections The Legal Practitioners Act was enforced during year 1846 Who were not within scope of Indian Bar Council Act, 1926 Pleaders and mukhtars Which of the following enactment prescribes procedure for civil proceedings in Indian Courts? The Code of Civil Procedure 1908 Which of the following are fundamental principles of pleadings All of above In the examination of witness a question may be objectionable if the form of question is All of above advocacy skill aecc by Sudhir ingale-patil on 2024-12-22T06:06:00-08:00 Read in ... (-Words) Scroll Down                                                COURT questions 1)Supreme Court was established in India by following Charter- Charter of 1774   2)During 1774, Supreme Court was established at – Calcutta 3)In medieval period in Muslim period who had power to decide who should be allowed to appear as vakils? Court 4)Before 1726, the courts derived power from- East India Company 5)The Mayor’s courts were established by- Charter of 1726 6)The Indian High Court Act which empowered the Government to establish High Courts in Presidency towns was passed in- 1861 7)All judges of State Courts are addressed as- your honour 8)Language in the court should be Clear and simple 9)Which of the following is the official language of state HC and Supreme Court? English 10)Which of the following is the official language of District and Local courts in Maharahstra State? Marathi and English                                     profession rules dress 11)Profession is an occupation that requires –  Advanced education and special training   12)Which of following are equipment of an advocacy   All of above  13)Legal profession is a Noble profession 14)solicitor is a lawyer that performs following functions all of above  15)Which of the following is not included in seven lamps of advocacy  Punctuality 16)Rules of etiquette – All of above  17)The person who pleads or speaks in favour of another is known as- Advocate 18)To represent individual who may not be able to speak for themselves is known as- Advocacy 19)Direct representation of an individual or group of people in a judicial proceeding is known as ….advocacy   Judicial 20)Which of the following is not an effective quality of an advocate?  Instigating litigants to file false case 21)Which of the following is not a type of advocacy?  social 22)Which of the following is the dress code of male advocate in India? White shirt, black coat, white band, black/white trouser 23)Advocates Right to practice can be related to which to which fundamental right under Indian constitution   Art 19(1)(g) 24)Choose correct option  1)Advocate shall not personally engage in any business  2)He may be a sleeping partner in a firm which is not inconsistent with dignity of profession   both i and ii is correct                                      ACTS 25)Which Act permitted qualified Hindu and Muslims to enroll as pleaders-  The Bengal Regulation Act 1793 26)Which committee recommended establishment of All India Bar ?  All India Bar Committee 1951 27)The Advocates Act was enacted based on recommendations of  All India Bar Committee 1951 28)Who were not within scope of Indian Bar Council Act, 1926   Pleaders and mukhtars                                                  Advocates Act 1961  29)which of the following enactment prescribes rules about Lawyer’s profession in India  -  the Advocates Act 1961  30)According to which section of Advocates Act, advocates are only recognized class of persons entitled to practice  S.29 31)The certificate of Practise to the Advocate is to be issued within-----days of the date of declaration of results  30 days 32)The Advocates Act 1961 contains- 60 sections                                                 Legal Practitioners Act  33)The Legal Practitioners Act was enforced during year- 1846 34)According to Legal Practitioners Act 1879 the term Legal Practitioner means-  All of above 35)Choose correct option- The Legal Practitioners Act 1846 allowed- both correct                                                                                                Code of Civil Procedure                                           36)Rules of drafting and pleading are prescribed under-… of the Code of Civil Procedure    Order VI 37)Which of the following statement is incorrect?  There can be private communication with a judge before or during a hearing 38)Which of the following enactment prescribes procedure for civil proceedings in Indian Courts?  The Code of Civil Procedure 1908 39)Which of the following are fundamental principles of pleadings  All of above 40)In the examination of witness a question may be objectionable if the form of question is-  All of above by Sudhir ingale-patil on 2024-12-21T23:02:00-08:00 Read in ... (-Words) Scroll Down  FORM NO.51 RULE 188 - APPLICATION FOR CERTIFIED COPIES IN THE COURT OF THE_________________________________________________                                                                                                                                               No._____of 20 Between:-                                                                                                                     Petitioner/Plaintiff/ Complainant And Respondents/Defendants/ Opposite party To Judge of the said Court, It is requested that certified copies of the documents hereunder mentioned may be furnished to _________________ the above named or to his/their Advocate of Sri.______________________________________________________ and the same be sent to said address. [The said copies are urgently required for the reason that________________ _____________________. On the_______ day of__________________ application for copies of the documents numbered was made to __________________the pleader of the _________________________who has for more than two days neglected to furnish same.] Sl. No. Date of filing document Date of document Description of documents Order, if any, under which application is made Date:- Advocate for the___________ IN THE COURT OF THE____________ _______________________________ No.________of 20 Between:- _______________________________ Petitioner/Plaintiff/ Complainant And _______________________________ Respondent/Defendant/ Opposite party FORM NO.51 RULE-188 APPLICATION FOR CERTIFIED COPY                                                                                                                     FILED ON:-                                                                                                                      FILED BY:- THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 CHAPTER I PRELIMINARY by Sudhir ingale-patil on 2024-12-21T22:11:00-08:00 Read in ... (-Words) Scroll Down Preamble:  to consolidate and amend the law relating to Criminal Procedure. The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof,  shall not apply—  (a) to the State of Nagaland; (b) to the tribal areas,  "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. it means  State of Nagaland by notification apply such provisions which it thinks fit either whole or partialy. Extra information: The Sixth Schedule of Indian Constitution contains provisions related to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. The Sixth Schedule provides for the administration of certain tribal areas as autonomous entities. The provisions of the sixth schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution.  Tribal Areas under Sixth Schedule of Indian Constitution Part I (Assam) The North-Cachar Hills District (Dima Haolang) The Karbi-Anglong District The Bodoland Territorial Area District Part II (Meghalaya) The Khasi Hills District The Jaintia Hills District The Garo Hills District Part II-A (Tripura) The Tripura Tribal Areas District Part III (Mizoram) The Chakma District The Mara District The Lai District SEMESTER - VI LAW OF CRIMES-II (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) ( PAPER – I ) SHIVAJI UNIVERSITY, KOLHAPUR by Sudhir ingale-patil on 2024-12-21T20:58:00-08:00 Read in ... (-Words) Scroll Down SEMESTER - VI LAW OF CRIMES-II (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) ( PAPER – I )   extent  Unit-I: Introductory 1. Salient features of the Bharatiya Nagarik Suraksha Sanhita 2023 2. Important Definitions 3. Functionaries under the Suraksha Sanhita -The police, the prosecutors, the criminal courts, the defense counsel, Prison authorities and their powers and functions 4. Classification of offences- Cognizable and Non-cognizable, Bailable and Non-Bailable, Compoundable and Non-Compoundable 5. The concept and component of Fair Trial and its importance Unit-II: Pre-Trial Process-I 1. First Information Report (Ss. 173-174) 2. Investigation by the police (Ss. 175-195) 3. Summons and Warrant (S.63-83) 4. Proclamation, attachments and other rules (S. 84- 93) 5. Production of things – Summons, Search and seizure (Ss. 94-110) Unit-III: Pre-Trial Process-II 1. Arrest of persons – with and without warrant- by whom and how - procedure and circumstances (Ss 35-62) 2. Rights of arrested person 3. Provisions relating to Bail and Bond (Ss.478-496) 4. Discretionary bail- Mandatory bail – circumstances 5. Anticipatory Bail (S. 482) Unit-IV: Trial Process 1. Trial meaning and nature, types of trial, Common features of trial 2. Proceedings before magistrate, Commencement of proceeding, Condition Requisites for Initiation of Proceeding (S. 210-222) 3. Complaint to Magistrates (S. 223-226) , Commencement of proceedings before Magistrates (S. 227- 230) 4. Charges in Criminal Trial (Ss. 234-247) 5. Plea Bargaining (S. 289-300,) and compounding of offences (S. 359) Unit-V: Trials and their procedures 1. Trial before Court of Session (Ss. 248-260) 2. Trial of warrant cases by Magistrates (Ss. 261- 273) 3. Trial of summons cases by Magistrates (Ss. 274- 282) 4. Summary Trials (Ss. 283- 288) 5. Inquiries and Trials (Ss. 301-378) Unit-VI: Judgment (S.392-406) Appeals (S. 413- 435) 1. Form, content and Modes of providing Judgment (Ss. 392-393) 2. Compensation and Cost (S. 395-399,403-404) 3. Post Conviction order (S. 401-403) 4. Right of Appeal, Appeal against conviction (S. 413-418), Appeal against Acquittal (S. 419) 5. Procedure of Appeal (S. 420- 435) Unit - VII Reference and Revision (Ss. 436- 445), Execution, Suspension, remission, and Commutation of sentences 1. Reference to High Court (S. 436) 2. Revisional Jurisdiction (Ss. 438 -447) Revisional Conditions & Powers of Revisional Courts. 3. Execution of sentences (S. 453 - 464) 4. Suspension (S.473), Postponement (S. 455, 456) 5. Remission (S. 472-473) and Commutation of sentences (S.474- 475) Unit-VIII: Preventive Measures, security proceedings and maintenance of wives, children and parents 1. Preventive action of the Police (S. 168 - 172) 2. Unlawful Assemblies (S. 148 -151) 3. Removal of public nuisance (S. 152 -162) 4. Maintenance of wives, children and parents (S. 144 -147) 5. Limitation period under Code of Criminal Procedure (S. 513 -519) References: 1. Bare Acts on Bhartiya Nyaya Sanhita 2023 For cross reference, the following books of old law may be referred to 1. Ratanlal&Dhirajlal: Criminal Procedure Code, Universal Publications. 2. Kelkar, R V: Lectures of Criminal Procedure, Eastern Book Company. 3. Tondon: The Code of Criminal Prodedure, Allahabad Law Agency. 4. Takwani, C K: Criminal Procedure Code, Butterworths Wadhawa Company, Nagpur. 5. S. N. 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