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Drafting, Pleading and Conveyance

Semester 5 · 19 topics in 5 units

Unit I 3 topics

  1. General principles of draftingWhat drafting is, the rules that apply to every legal document, the substantive law that must be known before a word is written, the standard parts of a deed, and how the clinical record and viva are marked.6 min
  2. Legislative drafting: from policy to Bill, and subordinate legislationHow a policy becomes a Bill, the standard architecture of an Act, the General Clauses Act rules a drafter relies on, the limits on delegation, and model clauses for a short State Bill and the rules made under it.7 min
  3. Plain language draftingWhy legal writing should be readable, the techniques that make it so without changing its legal effect, what plain language must not do, and worked redrafts of a statutory provision, a deed clause and a pleading paragraph.5 min

Unit II 6 topics

  1. Principles of civil pleading and the legal noticeThe rules of Order VI of the CPC that govern every pleading, signing, verification and the supporting affidavit, amendment and striking out, and how to draft a legal notice, including the statutory notices under section 80 CPC and section 138 of the Negotiable Instruments Act.6 min
  2. The plaint: contents and a model suit for recovery of moneyThe particulars Order VII of the CPC requires in every plaint, the paragraphs on cause of action, jurisdiction, valuation and limitation, the grounds of rejection under Order VII Rule 11, and a complete model plaint for recovery of a loan with interest.7 min
  3. The written statement: defence, set-off and counter-claimThe time limit under Order VIII Rule 1, specific denial and deemed admission, new facts that must be specially pleaded, set-off and counter-claim, and a model written statement answering the money suit in the previous note.7 min
  4. Interlocutory applications and affidavitsThe common interlocutory applications in a civil suit, the three tests for a temporary injunction under Order XXXIX, the ex parte procedure of Rule 3, the rules of Order XIX on affidavits, and a model injunction application with its supporting affidavit.6 min
  5. Original petitions and execution petitionsWhat an original petition is and how it differs from a plaint, a model petition for a succession certificate under section 372 of the Indian Succession Act, the particulars an execution petition must give under Order XXI Rule 11(2), limitation for execution, and a model execution petition.6 min
  6. Memorandum of civil appeal and civil revision petitionFirst and second appeals under sections 96 and 100 CPC, the form and grounds of a memorandum under Order XLI, deposit and stay, limitation, the limited scope of revision under section 115, and model drafts of a first appeal and a revision petition.7 min

Unit III 3 topics

  1. Criminal complaints: information to the police and private complaints under the BNSSThe three routes for setting the criminal law in motion under the BNSS (information under section 173, application to the Magistrate under section 175(3), and a private complaint under section 223), the drafting rules for each, and model drafts of an FIR-type complaint and a private complaint for cheating.7 min
  2. Bail applications: regular, default and anticipatory bail under the BNSSWhich court and which section for each kind of bail under sections 478 to 483 and 187 of the BNSS, the grounds a bail petition should plead, the leading Supreme Court guidance, and a model anticipatory bail petition.6 min
  3. Criminal miscellaneous petitions, criminal appeals and revisionsCommon criminal miscellaneous petitions, the petition to quash under section 528 BNSS and the Bhajan Lal categories, appeals against conviction and acquittal under sections 413 to 419, suspension of sentence, criminal revision under sections 438 and 442, and model drafts of each.6 min

Unit IV 5 topics

  1. Conveyancing principles and the sale deedSection 54 of the Transfer of Property Act, compulsory registration and its effect, the checks a conveyancer makes before drafting, why GPA and agreement-of-sale transfers do not pass title after Suraj Lamp, and a model sale deed of a residential site.6 min
  2. Mortgage deed and lease deedThe kinds of mortgage under section 58 of the Transfer of Property Act and the formalities of section 59, the clauses every mortgage deed needs, the lease under sections 105 to 108 and its registration, and model drafts of a simple mortgage deed and a three-year lease of a shop.7 min
  3. Gift deed and promissory noteThe essentials of a gift under sections 122 to 126 of the Transfer of Property Act, registration and attestation, acceptance and revocation, and the definition, form, stamp and limitation of a promissory note under the Negotiable Instruments Act, with a model of each.6 min
  4. Power of attorney and willThe Powers-of-Attorney Act and the law of agency, general and special powers, authentication for registration, why a GPA is not a conveyance, the execution and attestation of a will under section 63 of the Indian Succession Act, suspicious circumstances, and model drafts of both.7 min
  5. Trust, partition, rectification and partnership deedsCreating a private trust under sections 5 and 6 of the Indian Trusts Act, partition deeds and family settlements after Kale, correcting a mistake by a rectification deed or a suit under section 26 of the Specific Relief Act, and the clauses of a partnership deed with registration under the Partnership Act, each with a short model.7 min

Unit V 2 topics

  1. Writ petitions under Articles 32 and 226Choosing between Article 32 and Article 226, the five writs and when each lies, the alternative-remedy rule and its exceptions after Whirlpool, the parts of a writ petition, interim relief under Article 226(3), and a model writ of certiorari and mandamus before the Karnataka High Court.5 min
  2. Public interest litigation petitionRelaxed standing after S.P. Gupta and Bandhua Mukti Morcha, the Balwant Singh Chaufal safeguards against misuse, what a PIL petition must disclose about the petitioner and the research behind it, and a model PIL before the Karnataka High Court on encroachment of a public tank.5 min