CS_PP :: Professional Programme
Paper 2 : Drafting, Appearances and Pleadings
[One paper: Three Hours – 100 marks]
Level of Knowledge:
Working knowledgeObjectives:
To acquaint the students with fundamentals of drafting, pleadings and advocacy techniques.Detailed contents
1. | General Principles of Drafting |
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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 |
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