Drafting, Pleadings and Conveyancing
 

Drafting, Pleading and Conveyancing is specially designed for students pursuing a three-year or five-year degree course in law education.  It will also be an interesting reference for practitioners and law researchers.

AFFIDAVIT

AFFIDAVIT

Affidavit is a written declaration. on oath. A written statement sworn before a person having authority to administer on oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications on which statements as to his belief, with the grounds thereof, may be admitted.

BAIL APPLICATION

BAIL APPLICATION

BAIL APPLICATION:- The concept of bail has a long history and deep roots in English and American law. In medieval England, the custom grew out of the need to free untried prisoners form disease ridden jails while they were waiting for the delayed trials conducted by traveling justices, prisoners were bailed, or delivered, to reputable third parties of their own choosing who accepted responsibility for assuring their appearance at trial. If the accused did not appear, his' bailor would stand trial in his place. It became the practice for property owners, who accepted responsibility for assuring persons to forfeit money when their charges failed to appear for trial. In the event of non-appearance the bond is for feited.

CIVIL- PLEADING - PLAINT

CIVIL- PLEADING - PLAINT

PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain the following particulars.

CONVEYANCING

CONVEYANCING

CONVEYANCING
Conveyancing is a system of documentation relating to transactions of properties movable or immovable as well as contracts.

CRIMINAL

CRIMINAL

COMPLAINT: Cases relating to crimes are triable by the Criminal courts of which the fir court is that of judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by Metropolita Magistrates, while the serious ones are initially investigated and then sent up to the sessions courts trial. The schedule appended to the code of Criminal procedure gives and provides a list of crimes and offences tribal by Metropolitan Magistrate and by the count of sessions.

CRIMINAL MISCELLANEOUS PETITION

CRIMINAL MISCELLANEOUS PETITION

In offences state becomes the party and the accused has to put up his defence. It is the duty of the prosecution on behalf of the state to prove the guilt of an accused. In such a situation the aggrieved party is not required to institute any petition. It is the responsibility of the state to launch prosecution against the criminal who has committed the offences of Criminal nature.

Drafting, Pleadings and Conveyancing

Drafting, Pleadings and Conveyancing

GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES
The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter.

EXECUTION -  PETITION

EXECUTION - PETITION

EXECUTION PETITION
Execution is the enforcement of decrees and orders of courts by the process of the court.n It is the act if carrying into effect the final judgment of a court or other tribunal. In its practical sense, execution is the formal method prescribed by law, whereby the party, entitled to the benefit of a judgment or of any obligation equivalent to the judgment, may obtain that benefit.

INTERLOCUTORY APPLICATIONS (IA)

INTERLOCUTORY APPLICATIONS (IA)

INTERLOCUTORY APPLICATIONS (IA)

Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters.

MEMORANDUM OF APPEAL AND REVISION

MEMORANDUM OF APPEAL AND REVISION

MEMORANDUM OF APPEAL AND REVISION

The memorandum of appeal shall set forth concisely and under distinct heads, the grounds of objection to the decree appealed form without any argument or narrative and such grounds shall be numbered consecutively. (Order XVI Rule 1 C.P.C.)The memorandum according to order XLI, Rule 1 shall be accompanied by a copy of the decree appealed from and unless the appellate court dispenses there with, of the judgment on which it is founded. The word 'copy' means a certified copy. This is a mandatory requirement, in the sense that an appeal filed without a certified copy of the decree makes the appeal incompetent. defective and [competent. But where the circumstances require it, the court has power to treat the appeal as competent and maintainable even in the absence of a copy of the decree attached. (Phool Chand V. Gopal Lal, AIR 1967 SG 1470)

ORIGINAL - PETITION

ORIGINAL - PETITION

ORIGINAL PETITION:- Petitions. or suits are interchangeable terms. However, in practice, the words 'petitions' and 'suits' are generally used to mean formal applications for seeking legal remedy. Suit of a civil nature is ordinarily tried in civil court. Every person has a right to bring a suit of a civil nature and civil court has jurisdiction to try an the suits a civil nature.

PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION

PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION

PETITION UNDER ARTICLE 226 AND ARTICLE 32 OF THE CONSTITUTION

This section deals with the writs. The writs ate obviously intended to enable the Supreme Court and High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in vacation of the principles of natural justice,

PLEADING

PLEADING

PLEADING
Pleading is an art, and like any other art, its perfection depends only on practice. Pleadings are the backbone of litigation. Defective and bad pleadings are too many, and they are like bad diseases.

WRITTEN STATEMENT (ORDER VII) C.P.C.

WRITTEN STATEMENT (ORDER VII) C.P.C.

WRITTEN STATEMENT (ORDER VII) C.P.C- A written statement is required to be filed by the defendant in answer to the claim made by the plaintiff in his plaintiff, which is delivered to the defendant along with the summons to attend at the first hearing of the suit. The number of the suit is noted in the summons.