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

ICSICS (2008)PPSyllabus and Books • 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

TitleAuthorPublisher
Forms and Precedents of Conveyancing DeSouzaC.r.Datta and M.N.Das.
Drafting, Conveyancing and PleadingsG.M.Kothari and
Arvind G.Kothari
N.M.Tripathi
The Indian ConveyancerP.C.MoghaJustice K.N.Goyal
The Indian Draftsman; guide to legal DraftingHargopalNitin Khanna & A.C.Moitra
Conveyancing Drafting & Interpretation of DeedsN.S.BindraS.K.Verma
Commerical Drafting & ConveyancingDr.J.C.VermaBharat Law House
Drafting Corporate & Commercial AgreementRodney D RyderUniversal Law Publishing

References

TitleAuthorPublisher
The Interpretation of StatutesMaxwellP. St.J.Langan
Drafting- Its Application to Conveyanceing and Commercial DocumentsStanley RobinsonButterworths
Draftsman RevKellyR.W.Ramage, Buttterworths
1st Ed., Chapter 9,Ruth Annand and Brain CainSweet & Maxwell
Conveyancing Precedents and FormsShiv GopalEastern Book Company
Principles & Precedents of the Law of
Conveyancing,Drafts man and Interpretation
of Deeds & Documents
G.M.KothariLaw Book Company
Procedure for Filing Forms and ReturnsK.V.ShanbhogueCompany Law Book Corporation
A Guide to the DeedsM.G.GurhaModern Law House