Event

Monday, 21 August 2023

Syllabus LP 0904 Practical Training Paper III - Drafting, Pleading and Conveyance

Fifth Year B.A. LL.B. - Semester IX

Fifth Year B.B.A. LL.B. - Semester IX

Third Year LL.B. - Semester V

LP 0904 Practical Training Paper III - Drafting, Pleading and Conveyance :

Go to Assignment LLB I Sem V

Objectives of the Course : This course relates to essential skills required by an Advocate - the skill of drafting, conveyances and pleadings. An advocate can develop this skill by practicing purposive writing, articulation, legal research, qualities of language, its clarity and precision. The object of the course is to develop these advocacy skills amongst the students. This course will also acquaint the students the knowledge of substantive and procedural law in the context of pleadings and conveyance. This course aims to acquaint the students with basic principles as to the skill of drafting of various types of Applications, Petitions, Notices, Plaints, Written Statements, etc. The goal of the course is to help the students to understand application of substantive and procedural laws in drafting, pleading and conveyance.

Scheme of Marking :

Part A : University Written Examination : 80 Marks

Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks) : 20 Marks

Part A : Syllabus for University Written Examination :

Module 01 General Principles relating to Conveyance :

1. Object of Conveyance, essentials of drafting

2. The drafting process - Know the laws, Know the transaction, Scheme of the draft

	3. Ascertain facts, Language, Style, Form, Need for precision and clarity, Use of precedents 4. Contents of a draft conveyance - Commencement, Parties, Recitals, Parcels 5. Operative part, Arrangement of obligations, Signatures, Attestation 6. Formalities - Writing, Attestation, Notarisation, Registration 7. Investigation of title, Chain of title, Public notices and their purpose, search and title report
Module 02	Transfers / Conveyances : 1. Agreement to sell immovable property 2. Sale deed of immovable property 3. Lease deed of immovable property 4. Simple mortgage of immovable property 5. Gift of immovable property 6. Sale of raw materials by its supplier to a manufacturing company
Module 03	Drafts of Contracts : 1. Partition deed between members of a joint Hindu family 2. General power of attorney 3. Partnership deed 4. Agreement to transfer shares of a private limited company 5. Indemnity bond 6. Leave and licence agreement
Module 04	Notices and other Documents : 1. Will 2. Affidavit 3. Acknowledgment in writing under Section 18 of the Limitation Act 1963 4. Public notice inviting objections to a transaction of immovable property 5. Notices - a) For dissolution of a partnership at will b) Under Section 106 of the Transfer of Property Act 1882 c) Under Section 138 of the Negotiable Instruments Act, 1882 d) Reply to notice under Section 138 of the Negotiable Instruments Act, 1882 e) Notice under Section 80 of the Civil Procedure Code
Module 05	General Principles relating to Pleadings : 1. Meaning and purpose of pleadings, Importance of pleadings in the administration of justice 2. Rules of pleadings, Types of pleadings, Orders VI to VIII of Civil Procedure Code 1908, Relationship between pleadings and evidence 3. 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 4. Jurisdiction, Limitation, Valuation, Court fees calculation
	5. Prayers, Verification
Module 06	Plaints, Applications and Petitions in Civil Proceedings : 1. Suit for recovery of price of goods sold 2. Suit for declaration of share and partition of property of a joint Hindu family 3. Suit for specific performance 4. Application for probate 5. Petition for divorce by mutual consent 6. Petition for divorce alleging grounds of divorce 7. Caveat application
Module 07	Written Statements and Reply in Civil Proceedings : 1. Written statement in a suit for recovery of price of goods sold 2. Written statement in a suit for declaration of share and partition of property of a joint Hindu family 3. Written statement in a suit for specific performance 4. Reply to an application for probate contesting the will 5. Reply to an application for succession certificate giving consent to grant of succession certificate 6. Reply contesting a petition for divorce 7. Reply to a petition for restitution of conjugal rights
Module 08	Pleadings in Criminal Proceedings : 1. Application for bail 2. Application for anticipatory bail 3. Criminal complaint alleging defamation, or affray and simple hurt 4. Application to court for recovery of motor vehicle seized by police 5. Application for compounding an offence of defamation or an offence under Section 498A of the Indian Penal Code 6. Application by a wife for maintenance for herself and her children
Module 09	Appeals, Petitions and other Proceedings : 1. Consumer complaint alleging defect in goods or deficiency in services 2. Reply to consumer complaint about defect in goods or deficiency in services 3. Writ petition under Article 14 or Article 19 or Article 21 of the Constitution of India 4. Appeal from a judgment and decree dismissing a suit for specific performance 5. Appeal from a judgment refusing to grant divorce

Note :

1. The college shall organise a visit to the office of Registrar / Sub-Registrar under the Registration Act, 1908. Alternatively, the college may organise interaction session(s) of experts in the concerned area with the students.

2. The purpose of the visit / interaction session should be to provide or to enhance the practical knowledge of the students with respect to the course.

3. The concerned teacher is advised to orient the students, before organisation of visit / interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.

Part B : Contents of Written Submissions (Journal) :

The Written Submissions (Journal) shall contain the writing of :

1. Seven Drafts - Those seven drafts must be on the topics given in Module Nos. 02, 03, 04, 06, 07, 08 and 09. The concerned teacher may have discretion to assign topics for those seven drafts.

2. Report on visit to office of Registrar / Sub-Registrar or on interaction session. A Report on visit / interaction session shall consists of : (a) Purpose of the Visit / Interaction, (b) Observations / Information Collected by the student, (c) Relevant Provisions of Law, (d) Comments on Linkage between Law and Practice. A concerned teacher may add in or modify the specified contents of report.

Viva Mock Video1

Recommended Readings :

1. Medha Kolhatkar, Drafting, Pleading and Conveyancing, LexisNexis, 2015.

2. S P Aggarwal, Pleadings, an Essential Guide, 2nd ed, LexisNexis, 2013.

3. S P Aggarwal, Drafting and Conveyancing, LexisNexis 2015.

4. Nayan Joshi, Legal Writing and Drafting, Kamal Publications, 2017.

5. K M Sharma and S P Mago, Criminal Courts, Pleadings and Practice, 3rd ed, Kamal Publishers, 2014.

6. A B Kafaltiya, Textbook on Pleadings, Drafting and Conveyancing, Universal Law Publishing, 2015.

7. DeSouza’s Forms and Precedents of Conveyancing, C R Datta and M N Das (eds), Eastern Law House, 2017.

8. G M Divekar’s Practical Guide to Deeds and Documents, S K Katariya and Gaurav Sethi (eds), Hind Law House, 2014.

9. A S R Rao, Modern Commercial Draftsman, Eastern Book Company, 1989.

10. A B Majumder, Law relating to Notices, Eastern Law House, 1993.

11. S K Mitra, Law of Notices, Orient Publishing Company, 2004.

12. Mogha’s Indian Conveyance, 14th ed, G C Mogha (ed), Eastern Law House, 2009.

13. Mogha’s Law of Pleadings in India, 18th ed, P C Mogha et al (ed), Eastern Law House, 2013.

14. P S Narayana, Criminal Pleadings and Practice, 9th ed, Asia Law House, 2013.

15. R.K. Sahni & B.L. Bansal, Criminal Pleadings & Art of Better Drafting, Capital Law House, 2015.

16. Rahul Mhaskar, Guide to Practical Criminal Drafting, Current Publications, 2015.

17. Rodney Ryder, Drafting Corporate & Commercial Agreements, 2nd ed, Universal Law, Publishing, 2011.

18. Tina Stark, Drafting Contracts - How & Why Lawyers Do What They Do, Indian Reprint, Wolters Kluwer, 2007.

19. N S Bindra’s Pleadings and Practice, 12th ed, H K Saharay (ed) Universal Law Publishing, 2017.

20. P K Majumdar, Law of Pleadings, Conveyancing & Advocacy, 5th ed, Orient Publishing Company, 2013.

21. P S Narayana, Civil Pleadings and Practice, 11th ed, Asia Law House, 2017.

22. P S Narayana, Pleadings and Practice (Civil and Criminal), 11th ed, Asia law House, 2017.

23. Hargopal's Legal Draftsman - A Comprehensive Guide to Deeds and Documents, 13th ed, Universal Law Publishing, 2013.

24. Kamya Chawla Gill, Drafting Pleading and Conveyancing, 2nd ed, Universal Law Publishing, 2016.

25. Murli Manohar’s Art of Conveyancing and Pleading, 2nd ed, R Prakash (ed), Eastern Book Company, 2004.

26. P Butt and R Castle, Modern Legal Drafting, (Guide to using clearer Language), Cambridge University Press, 2011.

S C Ghosh’s Principles and Forms of Pleadings, 5th ed, Eastern Law House, 2011.

Note for Syllabus of all Subjects :

1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.

2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.