Drafting, Pleading and Conveyancing (Practical-3)

Unit a — Drafting

General principles of drafting and relevant substantive rules shall be taught.

Unit b — Pleadings

Pleadings in general, object of pleadings and fundamental rules of pleadings. · Civil: Plaint, written statement, interlocutory application, original petition, affidavit, execution petition, memorandum of appeal and revision, petition under Article 226 and 32 of the Constitution of India. · Criminal: Complaint, criminal miscellaneous petition, bail application, memorandum of appeal and revision. · Form of Pleadings: practical exercises on any 15 of the 25 prescribed forms (15x3 = 45 marks), including suit for recovery under Order XXXVII CPC; suit for permanent injunction; temporary injunction applications; suit for ejectment and damages; matrimonial petitions under the Hindu Marriage Act, 1955; petition for probate; letters of administration; contempt petition; writ petition under Article 226; caveat; special leave petitions; applications for bail and anticipatory bail; complaint under S. 138 N.I. Act; application under S. 125 Cr.P.C.; curative petition; complaint under S. 12 of the Consumer Protection Act, 1986.

• Drafting of the Plaint in Suit and Summary suit, Notice of motion and Affidavit in support
• Drafting of Written Statement and affidavit in support
• Interlocutory Applications
• Criminal Complaints
• Complaints of dishonour of cheque (S. 138, N I Act)
• Bail Applications
• Anticipatory Bail Applications
• Writ Petition U/A 32, 226 and 227 of the Constitution

Unit c — Conveyancing

Conveyancing in general, object of conveyancing and component parts of a deed. · Forms of deeds and notices: practical exercises on any fifteen of the following (15x3 = 45 marks): sale deed; mortgage deed; lease deed; gift deed; promissory note; power of attorney (general and special); will; trust deed; relinquishment deed; partnership deed; deed of dissolution of partnership; hire-purchase agreement; deed of family settlement between rival claimants of an estate; notice of ejectment to the tenant under S. 106 of the T.P. Act; notice under S. 80 of the Code of Civil Procedure, 1908.

• Sale Deed
• Mortgage Deed — Simple, English, Mortgage by Conditional sale, Usufructuary, mortgage
• Lease deed, Leave and License Agreement
• Gift Deed
• Trust Deed
• Partnership Deed
• Will and Codicil
• Promissory note
• General Power of Attorney, Special Power of Attorney

Unit d — Viva-voce

Viva-voce examination of 10 marks on the practical works and the general principles of drafting, pleadings and conveyancing.