Practical Training (III): Drafting Pleading and Conveyance

Unit 1 — Drafting And Pleading

1. Meaning and purpose of drafting, pleadings and conveyance. · 2. Meaning and purpose of pleadings. Importance of pleadings in the administration of Justice. · 3. The General principles of Drafting, Pleading and Conveyancing. · 4. Rules of pleadings. Types of pleadings. Relation between pleadings and evidence. · 5. The pleading process – Know relevant substantive laws, identify provisions applicable, know presumptions, ascertain facts, use of precedents. · 6. Introduction to the concept and principles of title and search report

Unit 2 — Writing Exercises on Drafting and Pleading (Civil)

1. Plaint · 2. Written Statement · 3. Summary suit and leave to defend · 4. Caveat · 5. Injunction Application / Preliminary issue application · 6. Execution Petition · 7. PIL Petition / Petition under Article 226 / Article 32 of Constitution of India · 8. Application Motor Vehicle Act- M.A.C.P. · 9. Divorce Petition – H.M.P. · 10. Adjournment Application · 11. Pursis

• 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
• Execution Petition
• Purshis /, Praecipe
• Writ Petition U/A 32, 226 and 227 of the Constitution
• Public Interest Litigation Semester: III/VII
• Matrimonial Petitions — Divorce Petitions, Mutual Consent Divorce Petitions

Unit 3 — Writing Exercises on Drafting and Pleading (Criminal)

1. Bail Application – Bail and Bond for attendance before officer in charge of police station or court Secs. 478, 480 and 485 (BNSS, 2023) · 2. Anticipatory Bail application Sec. 482 (BNSS, 2023) · 3. Criminal Miscellaneous Petition- Maintenance Application Sec. 144 (BNSS, 2023) · 4. Criminal complaint Sec. 174 (BNSS, 2023) · 5. Application to Magistrate under Domestic Violence Act · 6. Complaint for dishonour of cheque under Sec. 138 of Negotiable Instruments Act. · 7. Application to court recovery of motor vehicle seized by police. · 8. Application for compounding of an offence.

• Bail Applications
• Anticipatory Bail Applications
• Application for Maintenance
• Criminal Complaints
• Domestic Violence Act — Notice, Application
• Complaints of dishonour of cheque (S. 138, N I Act)
• Miscellaneous applications

Unit 4 — Writing Exercises On Appeals, Revisions, Petitions And Other Proceedings

1. Appeal in Civil Proceedings · 2. Appeal in Criminal Proceedings · 3. Revision in Civil Proceedings · 4. Revision in Criminal Proceedings · 5. Consumer Complaint and reply alleging defect in goods or deficiency in services. · 6. Divorce Petition – H.M.P. · 7. Application for Divorce by Mutual Consent · 8. Review application

• Civil — Memorandum of Appeal and Memorandum of revision
• Criminal — Memorandum of Appeal and Memorandum of revision
• Consumer Complaint under CPA, 2019
• Matrimonial Petitions — Divorce Petitions, Mutual Consent Divorce Petitions
• Review Petitions — civil, criminal and constitutional

Unit 5 — Writing Exercises on Notices and Other Documents

1. Notice – Meaning, its importance · 2. Notice before filing of case/suit · 3. Public Notice for verification of title to immovable property · 4. Notice under section 80 of Civil Procedure Code. · 5. Acknowledgement in writing under Section 18 of the Limitation Act, 1963.

• Public Notice
• Legal Notice for Defective Goods

Unit 6 — Deeds / Parts of Deed

(a) Writing Exercises on Conveyancing · 1. Agreement to sell with arbitration clause · 2. Sale Deed · 3. Mortgage deed · 4. Leave & License Agreement · 5. Lease Deed · 6. Gift deed · 7. Power of Attorney · 8. Partition deed between members of a joint Hindu family · 9. Will · 10. Trust deed · 11. Partnership deed · 12. Indemnity bond · 13. Deed of declaration · (b) Commercial Agreements · 1. Non-Disclosure Agreement – sharing of trade secretes · 2. Share Purchase Agreement · 3. Term sheet for a transaction to purchase equity shares of existing share Sholder to acquire a private limited company · 4. Franchise agreement in relation to food joint

• Agreement for Sale
• Sale Deed
• Mortgage Deed — Simple, English, Mortgage by Conditional sale, Usufructuary, mortgage
• Lease deed, Leave and License Agreement
• Gift Deed
• General Power of Attorney, Special Power of Attorney
• Will and Codicil
• Trust Deed
• Partnership Deed
• Declaration
• Schedule of Property — plot of land with structure thereon
• Registration of Documents — S 17, 18 Indian Registration Act, 1908
• Confidentiality Agreement
• Franchise Agreement

Unit Part B — Part B: Contents of Written Submissions (Journal)

The written Submissions (Journal) shall contain the writing of: · 1. The course may include not less than 15 practical exercises in Drafting of pleadings from Module 02 to Module 05 (Minimum THREE exercises/drafts must be on the topics given in Module 02 to 05 each). Those drafts must be carrying the total of 45 marks (3 marks for each) and minimum 10 exercises in Drafting of Conveyance/ Deeds from Module 06 carrying another 45 marks (3 marks for each). · 2. The college shall organize a visit to the office of Registrar / Sub-Registrar Office and interactive session(s) of experts in the concerned area with the students. Students have to write / submit the report on visit to the office of Registrar / Sub-Registrar as well as interactive session(s) held in the college. This Report carry 15 marks (10 Marks for visit and 05 Marks for Interactive session). The report shall consists of ; · a) Date, Time and place of the visit · b) Purpose of the Visit / Interactive session · c) Observations / Information Collected by the student.