CS PP Module I : Drafting Appearances and Pleadings - June 2009

CS PP - Module I • Drafting Appearances and Pleadings • June 2009

This Paper has 46 answerable questions with 0 answered.

Roll No………
Time allowed : 3 hours	Maximum marks : 100
Total number of questions : 8	Total number of printed pages : 4

NOTE : Answer SIX questions including Question No.1 which is compulsory.

NOTE : Answer SIX questions including Question No.1 which is compulsory.

Draft any four of the following :

(i)

Define ‘document’. Explain various kinds of deeds.

(0)

(ii)

What are the important points that should be taken into consideration while drafting contracts ?

(0)

(iii)

What are the pre–requisites of ‘arbitration’? Draft the specimen of an arbitration agreement to refer dispute to an arbitral tribunal.

(0)

(iv)

Define the following :

(a)

Contract of guarantee

(0)

(b)

Hypothecation agreement

(0)

(c)

Lease

(0)

(d)

License

(0)

(e)

Mortgage.

(0)

(v)

Draft a specimen of memorandum of mortgage by deposit of title deeds.

(0)

(5 marks each)

(a)

Write short notes on any two the following :

(i)

Del credere agency

(0)

(ii)

Usufructuary mortgage

(0)

(iii)

Power of attorney and letter of authority.

(0)

(3 marks each)

(b)

Choose the most appropriate answer from the given options in respect of the following :

(i)

A deed kept for twenty years or more in man’s escritoire or strong box is called –

(a)	Pretended deed
(b)	Lawful deed
(c)	Warranty deed
(d)	Latent deed.

(0)

(ii)

A ‘guarantee’ guaranteeing an employer against the misconduct of an employee or to answer for the debt or default of another is called —

(a)	Performance guarantee
(b)	Bank guarantee
(c)	Counter guarantee
(d)	Fidelity guarantee.

(0)

(iii)

In English law, mortgage by deposit of title deed is called as –

(a)	Usufructuary mortgage
(b)	English mortgage
(c)	Equitable mortgage
(d)	Anomalous mortgage.

(0)

(iv)

Power of attorney executed for the purpose of generally representing another person or for performing more than one act is called –

(a)	General power of attorney
(b)	Special power of attorney
(c)	Particular power of attorney
(d)	Revocable power of attorney.

(0)

(v)

In case of a company, mortgage of the property should be duly authorised –

(a)	By objects clause of the memorandum of association and approved by a resolution of the Board
(b)	Only by objects clause of the memorandum of association
(c)	Only by a resolution passed in the meeting of the Board
(d)	By articles of association.

(0)

(1 mark each)

(c)

Mention the procedure to be followed for carrying through a compromise or arrangement under section 391 of the Companies Act, 1956.

(0)

(5 marks)

(a)

Distinguish between the following :

(i)

‘Conveyance’ and ‘contract’.

(0)

(ii)

‘Instrument’ and ‘deed’.

(0)

(iii)

‘Partnership’ and ‘trust’.

(0)

(4 marks each)

(b)

Write a short note on ‘retirement and expulsion of partners’.

(0)

(4 marks)

(a)

State, with reasons in brief, whether the following statements are correct or incorrect:

(i)

Drafting is first thinking and second composing.

(0)

(ii)

If a document is not properly stamped, it is rendered inadmissible in evidence.

(0)

(iii)

Testimonium is the clause in the first part of the deed.

(0)

(2 marks each)

(b)

"Practising of good professional etiquettes is necessary for professional success in the emerging business scenario." Discuss.

(0)

(4 marks)

(c)

Bharat requests Ajay to sell and deliver to him goods on credit. Ajay agrees to do so, provided Chandan guarantees the payment of the price of the goods. Is this a sufficient consideration for Chandan’s promise and is this arrangement a valid contract of guarantee? Discuss.

(0)

(6 marks)

(a)

Explain in detail the general principles of drafting and conveyancing and other writings.

(0)

(12 marks)

(b)

Write a short note on ‘covenants and undertakings’.

(0)

(4 marks)

Attempt any four of the following:

(i)

What is meant by ‘pre–incorporation contracts’? Can a company ratify a contract entered into by the promoters on its behalf before its incorporation? Explain with reasons.

(0)

(4 marks)

(ii)

Mention important guidelines which are required to be followed while entering into a foreign collaboration agreement.

(0)

(4 marks)

(iii)

Draft an affidavit of creditor in proof of his debt in proceeding for the liquidation of a company.

(0)

(4 marks)

(iv)

Define the following :

(a)

Appeal

(0)

(b)

Affidavit

(0)

(c)

Articles of Association

(0)

(d)

Rejoinder.

(0)

(1 mark each)

(v)

What is ‘compounding of offences’? How does compounding of offences take place under the Code of Criminal Procedure, 1973?

(0)

(4 marks)

(a)

Re–write the following sentences after filling–in the blank spaces with appropriate word(s)/figure(s):

(i)

Outsourcing is the contracting out of a company’s non–core, non–revenue producing activities to a __________.

(0)

(ii)

The present day system of pleadings in our country is based on the provisions of the _____________supplemented from time to time by rules in that behalf by the High Courts of the States.

(0)

(iii)

___________ is an application by any party to an appellate court asking it to set aside or revise a decision of a subordinate court.

(0)

(iv)

___________ compels courts to act within their jurisdiction when a tribunal acts without or in excess of jurisdiction or in violation of the rules or law.

(0)

(v)

In compounding of offences, ______________ make a joint application to the court that the parties have come to terms and the case may not be proceeded with.

(0)

(1 mark each)

(b)

State the general guidelines of drafting notices under the Companies Act, 1956.

(0)

(5 marks)

(c)

What is meant by a ‘consent order’? What remedies are available with the Securities and Exchange Board of India if the consent order is violated by a party ?

(0)

(6 marks)

(a)

Explain the guidelines for professional dress of Company Secretaries.

(0)

(6 marks)

(b)

Why is art of advocacy important ? What are the important factors which Company Secretaries should keep in mind while making written pleadings ?

(0)

(10 marks)

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