Drafting, Pleading and Conveyance (Clinical Course)
Solapur University · LL.B. Semester 6 · SEC-I
Unit 1 — DRAFTING:
1.1 General principles of drafting and relevant substantive rules
Unit 2 — PLEADING:
2.1.Meaning and purpose of pleadings, Importance of pleadings in the administration of Justice · Rules of pleadings, Types of pleadings, Orders VI to VIII of Civil Procedure Code 1908, · Relationship between pleadings and evidence. The pleading process: Know relevant substantive laws, Identify provisions applicable, Understand essential elements of provisions, · Know presumptions, Ascertain facts, Select facts, Language, Style, Form, Need for precision and clarity, Use of precedents. Jurisdiction, Limitation, Valuation, Court fees and calculation · Prayers and court fees, Verification. · 2.2 Civil: · 2.2.1 Plaint Suit for recovery of price of goods sold Suit for declaration of share and partition of property of a joint Hindu FamilySuit for specific performance Application for probate Petition for divorce by mutual consent Petition for divorce alleging grounds of divorceCaveat application · 2.2.2 Written Statement, Written statement in a suit for recovery of price of goods sold, Written statement in a suit for declaration of share and partition of property of a jointHindu family, · Written statement in a suit for specific performance, Objection to an application for probate contesting the will, Objection to an application for succession certificate giving consent to grant of Succession certificate, Say to a petition for divorce (contesting Matter), Say to a petition for restitution of conjugal rights · 33 of · 2.2.3 Other Proceedings, Interlocutory application, Affidavit Execution petition, Memorandum · Appeal ,Revision, Consumer complaint alleging defect in goods or deficiency in services with it’s · Reply, Petition under Article 32 of the Constitution of India violating Articles 14 or Article 19or · Article 21 of the Constitution of India Petition under Article 226 of the Constitution of India violating · Articles 14 or Article 19 or Article 21 of the Constitution of India · 2.3 Criminal · Application for bail · Application for anticipatory bail · Criminal complaint alleging defamation, or affray and simple hurt Application to court for recovery of motor vehicle seized by police · Application for compounding an offence of defamation or an offence under 498-A of IPC · Application by a wife for maintenance for himself and herself and her children Memorandum of · Appeal,Revision.
Unit 3 — Conveyancing
3.1 General principles relating to conveyancing: · Object of Conveyancing, essentials of drafting the drafting process: Know the laws, Know the transaction, Scheme of the draft, Ascertain facts, Language, Style, Form, Need for precision and clarity, · Use of precedents. Contents of a draft conveyance: Commencement, Parties, Recitals, Parcels, Operative part, Arrangement of obligations, Signatures, Attestation. Formalities: Writing, Attestation, Notarisation, · Registration Investigation of title, Chain of title, Public notices and their purpose, search and title report. · 3.2 Transfers · Agreement to sell immovable property · Sale deed of immovable property · Development agreement · Lease deed of immovable property · Simple mortgage of immovable property · Gift of immovable property · Sale of raw materials by its supplier to a manufacturing company. · 3.3 Contracts · Partition deed between members of a Joint Hindu Family · General power of Attorney · Partnership deed · Trust Deed · Indemnity bond · Leave and licence agreement · 3.4 Notice and other documents: · Will Affidavit Acknowledgement in writing under section 18 of the Limitation Act 1963 · Public notice inviting Objections to a transaction of immovable property · 3.5 Notices · For dissolution of a partnership at will Under section 106 of the Transfer of Property Act 1882 · Under section 138 of the Negotiable Instruments Act, 1882 · Reply to notice under section 138 of the Negotiable Instruments Act, 1882 · Notice Under section 80 of the Civil Procedure Code