CS - Professional Programme : Module I - Drafting, Appearances and Pleadings

CS_PP :: Professional Programme
Paper 2 : Drafting, Appearances and Pleadings
[One paper: Three Hours – 100 marks]

Level of Knowledge:

Working knowledge

Objectives:

To acquaint the students with fundamentals of drafting, pleadings and advocacy techniques.

Detailed contents

1.	General Principles of Drafting
	General principles and rules of drafting of deeds and conveyance, basic components of deeds, endorsement and supplemental deeds, aids to clarity and accuracy, legal requirements and implications.
2.	Drafting of Agreements
	Drafting of various Agreements including collaboration agreements, arbitration; guarantees, counter guarantees; bank guarantee, hypothecation agreement, outsourcing agreements, service agreements, leave and license, etc. Procedure for incorporation of private/public companies, companies limited by guarantee and unlimited companies and their conversions/ re-conversion/re-registration; obtaining certificate of commencement of business; obtaining certification of re-registration; commencementof new business and certification; filing of agreements with managerial personnel;
3.	Drafting of Various Deeds
	Deed of sale of land, building, mortgage, licence, lease, assignment, trust, partnership, Power of Attorney, etc.
4.	Drafting of Agreements under the Companies Act
	Pre incorporation contracts; Memorandum and Articles of Association and other agreements.
5.	Appearances and Pleadings
	Appearance before tribunals/quasi judicial bodies such as CLB, SAT, NCLT, CCI TRAI, etc. and appellate authorities. Drafting of petitions/applications; drafting of written statement, counter affidavit, reply and rejoinder. Drafting of Affidavit in evidence ; arguments on preliminary submissions, arguments on merits ; legal pleadings and written submissions. Drafting and filing of Appeals, writ petitions, special leave petition, revision and review applications, affidavits. Dress code, etiquettes and court craft.
6.	Compounding of Offences
	Compounding of offences under the Companies Act, SEBI Act, FEMA etc. Consent Orders.

Readings

Title	Author	Publisher
Forms and Precedents of Conveyancing	DeSouza	C.r.Datta and M.N.Das.
Drafting, Conveyancing and Pleadings	G.M.Kothari and  Arvind G.Kothari	N.M.Tripathi
The Indian Conveyancer	P.C.Mogha	Justice K.N.Goyal
The Indian Draftsman; guide to legal Drafting	Hargopal	Nitin Khanna & A.C.Moitra
Conveyancing Drafting & Interpretation of Deeds	N.S.Bindra	S.K.Verma
Commerical Drafting & Conveyancing	Dr.J.C.Verma	Bharat Law House
Drafting Corporate & Commercial Agreement	Rodney D Ryder	Universal Law Publishing

References

Title	Author	Publisher
The Interpretation of Statutes	Maxwell	P. St.J.Langan
Drafting- Its Application to Conveyanceing and Commercial Documents	Stanley Robinson	Butterworths
Draftsman Rev	Kelly	R.W.Ramage, Buttterworths
1st Ed., Chapter 9,	Ruth Annand and Brain Cain	Sweet & Maxwell
Conveyancing Precedents and Forms	Shiv Gopal	Eastern Book Company
Principles & Precedents of the Law of Conveyancing,Drafts man and Interpretation of Deeds & Documents	G.M.Kothari	Law Book Company
Procedure for Filing Forms and Returns	K.V.Shanbhogue	Company Law Book Corporation
A Guide to the Deeds	M.G.Gurha	Modern Law House