Fundamental rules of Pleadings cover the essential documents used in civil court cases, primarily guided by the Code of Civil Procedure (CPC). This topic includes the drafting, structure, and purpose of core legal documents such as the plaint, written statement, and affidavit, along with rules for effective drafting.
Key subtopics include the differences between writs, plaints, and written statements, and important applications like those for extending time under the Limitation Act, setting aside ex-parte decrees, and enforcing judgments. The module also covers caveats, compromise applications, and writ petitions, providing a solid foundation in civil pleadings.
b) Plaint Structure
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c) Written Statement and Affidavit
d) Difference between Writ, Plaint and Written Statement
e) Fundamental Rules of Drafting
f) Application under Section 5 of the Limitation Act
g) Application for Setting aside ex-parte Decree
h) Application for execution
i) Application for caveat section 148A of CPC
j) Application for Compromise of Suit
Civil Pleadings in this unit focus on drafting specific types of suits, petitions, and applications frequently encountered in civil litigation. Students will learn the structure, requirements, and legal grounds for each type, as per the Code of Civil Procedure (CPC).
Topics include suits for recovery (Order XXXVII of CPC), permanent injunctions, and dissolution of partnerships and marriages. The unit also covers key applications and appeals, such as temporary injunctions (Order XXXIX), appeals from original decrees (Order 41), as well as revision and review petitions, giving a thorough grounding in civil pleading practices.
a) Suit for Recovery under Order XXXVII of CPC
h) Review Petition
Criminal Pleadings in this unit address the various applications and complaints used in criminal law, focusing on their structure, purpose, and relevant provisions under the Criminal Procedure Code (CRPC) and other applicable laws.
Topics include applications for investigation under Section 156 of the CRPC, bail, and maintenance under Section 125 of the CRPC. The unit also covers the compounding of offences through compromise (Section 320(i) of the CRPC), complaints under Section 138 of the Negotiable Instruments Act, 1881, and applications under Section 482 of the CRPC, providing a comprehensive overview of essential criminal pleadings.
a) Application under Section 156 CRPC
b) Application for Bail
c) Application under Section 125 CRPC
d) Compounding ofOffences by Way of Compromise under Section 320 (i) CRPC
e) Complaint under Section 138, Negotiable Instruments Act, 1881
f) Application under Section 482, CRPC
Conveyancing in this unit focuses on the legal documentation involved in the transfer of property and rights. It provides an overview of essential notices, agreements, and deeds that facilitate various transactions and legal arrangements.
Key topics include notices to tenants under Section 106 of the Transfer of Property Act and under Section 80 of the CPC, along with notices for specific performance of contracts and replies to such notices. The unit also covers important legal documents such as general and special powers of attorney, wills, sale-deeds, lease-deeds, partnership deeds, mortgage deeds, relinquishment deeds, and deeds of gift, equipping students with the necessary skills for effective conveyancing practices.
b) Notice under Section 80 of CPC
c) Notice for Specific Performance of Contract
d) Reply to Notice
e) General Power of Attorney
f) Special power of Attorney
g) Will
h) Agreement to SELL
i) Sale-Deed
j) Lease-Deed
k) Partnership Deed
l) Mortgage Deed
m) Relinquishment Deed
n) Deed of Gift
This section on Model Drafts provides practical examples of various legal petitions and applications essential for litigation and property matters. Each draft serves as a template for practitioners to follow when preparing formal documents for the court.
Key drafts include a petition for grant of probate or letters of administration, allowing for the administration of a deceased person’s estate. It also includes applications for the appointment of a receiver or local commissioner, and for the appointment of a guardian, addressing the needs of minors or incapacitated individuals.
Additionally, the section covers an application to sue as an indigent person under Order 33 of the CPC, appeals from orders under Order 43, appeals from appellate decrees, and references to arbitration along with the deed of arbitration, providing a comprehensive toolkit for effective legal drafting in various scenarios.
b) Application for Appointment of Receiver/Local Commissioner
c) Application for Appointment of Guardian
d) Application to Sue as an Indigent Person under Order 33 CPC
e) Appeal from orders under order 43 of CPC
f) Appeal from appellate decree
g) Reference to Arbitration and Deed of Arbitration
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