SYLLABUSSession: Jan. to April 2014 DRAFTING, PLEADING AND CONVEYANCING Course Teacher: Dr. Aneesh V. Pillai Introduction: By the art of legal drafting (also commonly called the legal composition) we mean the art of composing or writing all documents which are either expressly intended to be, or which frequently become the subject of legal interpretation. It is concerned chiefly therefore, although not exclusively, with the documents which declare or regulate rights. This at once distinguishes the art of legal composition from the art of ordinary composition or literature, which deals not with rights but with thoughts or facts. Of course the bases of literary composition and legal composition are all the same, grammar and logic. The latter, perhaps, more strictly than the former kind o composition is bound by the rules of the grammarian and logician but we do not intend, except incidentally, to touch on the rules of grammar or logic. It is composition as legal - as dealing with or affecting rights - which we have in view. This differs so much from literary composition that, though they have a common basis, same rules do not apply to both. The style of good legal composition (for it has a style of its own) is free from all colour, from all emotion, from all rhetoric. It is impersonal as if the voice, not of any man, but of the law, dealing with the necessary facts. It disdains emphasis and all other artifices. It uses no metaphor or figure of speeches. It is always consistent and never contradicts itself. It never hesitates or doubts. It says in the plainest language, with the simplest, fewest and fittest words, precisely what it means. These are qualities which might be used to advantage more frequently than is common in literature, and unfortunately they are not to be found in many legal compositions, but they are essential to good legal composition and not essential to literary composition. Pleadings are statement in writing drawn up and filed by each party to a case, stating that his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. The function of pleadings is not simply for the benefit of the parties, but also and perhaps primarily for the assistance of the court by defining with precision the area beyond which, without the leave of the court and consequential amendment of the pleadings, the conflict must not be allowed to extend. The purpose of rules regarding pleadings is to advance justice and to prevent multiplicity of proceedings. Autolycus in The Winter’s Tale. This course is created to help student’s understand the basics of pleadings and conveyancing. there and everywhere. In many ways conveyancing is like Shakespeare’s character. Conveyancing does not relate just to the transfer of ownership of residential properties.Conveyancing is the process by which legal title to property is transferred. Pleadings assists student’s in their endeavor to enter active practice. A well drafted document instantly attracts the attention of the court. in bringing out the material issues would be fatal to the matter under consideration. Conveyancing rests and has been built upon the three foundations of land law. the key to understand the nature of conveyancing is to appreciate how it calls upon various disparate areas of law. over time. new and second-hand properties and commercial property of all kinds. When students reach the legal practice course they should have developed a general critical approach to the new law and to problem solving. so that. It means that you must abandon a discrete approach to applying the separate elements of the law. conveyancing takes from here. from within the full gamut of the law. contract law and equity and trusts. You will also need to have a prior knowledge and understanding of the details concerning the formation of contracts. As a consequence. ‘a snapper-up of unconsidered trifles’. A detail understanding of the influence of equity as well as trust will always be a prerequisite for a successful conveyancer. the formalities of written contract. The object of this course is to present substantive law in the context of pleadings and conveyancing and to show how those transactions are influenced by the legal considerations. Conveyancing requires you to blend your knowledge. Therefore. a conveyancing has become the description for the document effecting such transfer. So. it is pertinent that one has an accurate understanding of the concerned issues. Because of this. misrepresentation and remedies for breach of contract. a confident appreciation of land law is crucial for success in conveyancing. relevant question are brought before the court for successful adjudication. Any failure however little. It covers the transfer of title to both houses and flats. . Like this amiable rogue. Firm Gopal & Co.Order 6 of CPC . [Part II Chapter’s 1-5] 3. Fattah Muhammed ILR 22 Cal. Mogha’s Pleading. G. Yudhistir AIR 1950 PC 73 9. Meaning and Importance -Functions of Pleadings . EBC. Chandrabhan AIR 1980 Bom 380 12.Essentials of Pleading . Parvathy AIR 1982 Del. Marathy (1995) 2 Bom CR 610 2. KS Gopalakrishnans Pleadings and Practice. Hyderabad. Odgers on Pleadings and Practice.1908 . Suggested References: 2. Universal Law Publishing Co. MC Agarwal & GC Mogha. [Part I Chapter’s 1-10] 6. Pasupathi AIR 1986 Sikk. Onkar Nath vs. Delhi. Viswanath vs. [Part I Chapter’s 1-3. DVC AIR 1967 SC 961 16.Amendment in Pleadings . Conveyancing and Pleading. GF Harwood.2006. 2nd Edn -2004. Vedvyas 1978 Ren.1971. Rooplal vs. Lakshmi Narayan Deo Vasti Temple vs. Ltd vs. 324 (PC) 6. 2004. Ram Narayan AIR 1940 All 405 7. Siromanamma (1996) 2 SCC 25 Statutes 1.Module I Pleadings 1. Tribhuban AIR 1934 PC 130 4. ALT Publications. A K Gupta vs. EBC. Nagamma vs.Particulars of Pleading – Sriking out pleadings. Murali Manohar. Firm Hazarilal AIR 1963 MP 37 11. Brijlal vs. 24] 4. Nachhittar AIR 1982 SC 1559 15. Tika Khawas vs. Iyakku Matho vs. Syed Muhammed vs.Signing and verification.CR 408 (HP) 13. Jaswant Singh AIR 1994 P&H 111 5. Keshab Rao vs. Lucknow. 114 10. Someswer vs.. Narayan F. State of UP (1984) 4 SCC 251 3.Applicability of Order 6 CPC in Other Proceedings. Motilal vs. 17th Edn . Prabodh Verma vs. 6 8. Pvt Ltd. [ Chapter 6] Cases 1. Narinder Nath vs. Civil Procedure Code. Lucknow. Julius Elias Metropolitan AIR 1962 Ker 19 14. 20th Edn. K.Module II Civil Pleadings .Naidu vs. Revision Petition 7. Plaint (Order 7 of CPC) 2. Notice under Sec. 2nd Edn -2004. Mangtu Maharaj AIR 1969 Pat 284 Jagjiban Das vs. Review Petition 8.Naidu AIR 1969 Mad 329 N. 3. Conveyancing and Pleading. [Part II] 3. 7. [Part II] 4. Injunction Application 6.2007.Substantive Aspects and Drafts 1. Code of Civil Procedure. [ Part I. Specific Relief Act. Sheopujan AIR 1986 Pat 35 State of Maharatsra vs. 17th Edn . Glaxo 1979 Bom CR 321 Raghunath Das vs.2006. KS Gopalakrishnans Pleadings and Practice. Justice Thakker. 5. 8.80 of CPC 4. K. 1908 2. Hyderabad. Phula Devi vs. 5th Edn . EBC. Lucknow. 1963 . 6. MC Agarwal & GC Mogha. EBC. ALT Publications. Civil Procedure Code. Lucknow 2. Murali Manohar. 2004. Union of India AIR 1969 SC 674 State of MP VS. Lucknow. EBC. 2. Gunan Bhai AIR 1967 Guj 1 N. Interlocutory Application 6. Mogha’s Pleading. 4.II] Cases 1.Naidu vs. Written Statement (Order 8 of CPC) 3.Naidu AIR 1969 Mad 329 Jogeshwar vs. Lajjaram AIR 1961 MP 339 Statutes 1. Appeals Suggested References: 1. 2004. 2nd Edn -2004.Substantive Aspects and Model Forms (No. Ashok Law House.[Part II] 2.2006. 2. Meaning . Suit for Permanent Injunction 4. [ Part II] 3.42] . 3rd Edn . Lucknow. of Lectures 8) 1. [ Chapter’s 23. Dr. 125 of the Code of Criminal Procedure. Leagal Language. Hyderabad.II] 4.138 of Negotiable Instruments Act 2. Amit Sen. 1973 Module IV Other important Pleadings . 437 of Cr PC) 4. Kolkata. Hyderabad. Complaints Under Sec. [ Chapter 27] 5. 6th Edn .26. Complaint(Sec.28] 3.2006. Writ Petition under Article 226 of Constitution of India Suggested References: 1. 2nd Edn . Leagal Language. Kamal Law House.[Chapter’s 39. Petition for Dissolution of Marriage under Hindu Marriage Act 3. Hyderabad. Criminal Procedure Code.Substantive Aspects and Drafts 1. MC Agarwal & GC Mogha. KS Gopalakrishnans Pleadings and Practice. Amit Sen. ALT Publications. Anticipatory Bail (Sec. Shiva Gopal’s Conveyancing. Legal Writing and Legal Drafting. GC Mathur. [ Part I. EBC.436.2004. Application for Bail (Sec.2006. 17th Edn . Legal Writing and Legal Drafting. Application U/S. 1973 Suggested References: 1. Precedents and Forms. Kolkata. Dr. Mogha’s Pleading. KNC Pillai. Application for Temporary Injunction 5.2d of Cr PC) 3. Conveyancing and Pleading. EBC.438 of Cr PC) 5. Lucknow.Module III Criminal Pleadings . KS Gopalakrishnans Pleadings and Practice. 2nd Edn . Sec. Murali Manohar. Lucknow.Criminal Pleadings in India 2. EBC. Lectures on Criminal Procedure. [ Part II] Statutes 1. 2004. 2004. ALT Publications. Kamal Law House. 2. [Part I.Statutes: 1. Vol. GC Mathur. 13th Edn . EBC.1. Transfer of Property Act. Lucknow. Snow White Publications. 6th Edn . II. 2008 [ Chapter 1] 3. 1908 2. Mumbai. 13th Edn-1999. Delhi. Conveyancing and Pleading. Gift Deed 6. Negotiable Instruments Act. Indian Divorce Act. Mortgage Deed 4.2004. Delhi. The Indian Stamp Act. 2nd Edn -2004. Lucknow. Delhi Law House. EBC. Drafting and Deeds.Meaning and Definition 2.[Part I] 5. [ Chapter 4] 4. A Guide to Conveyancing. Eastern Law House. 1955 Module V Conveyancing (No. MT Tijoriwala & SN Vimadalal. Conveyancing . 1872 4. Sale Deed 3. Kamal Law House. Vol. State of UP AIR 1981 SC 1274 Sakunthala vs. CR Datta. NS Bindra. Eastern Law House. [Part I Chapter 1] 7. 3.2005. Lease Deed 5. The Registration Act. III] Statutes 1. Partnership Deed Suggested References: 1. State of Haryana AIR 1979 SC 843 Sasi vs. SB Bhagwandas Kripalini AIR 1991 SC Sonia Bhatia vs. 1899 3.[Chapter 1] 6. 5. DK Gupta. [Chapter 1] 2. D’ Souza’s Conveyancing. State of Bombay vs. Law and Practice of Conveyancing. Shiva Gopal’s Conveyancing. Shanker 54 CWN 936 .2004. of Lectures 6-8) 1. 4. Murali Manohar. MN Das. 1881 2. 1. 2nd Edn . Conveyancing. United Motors AIR 1955 SC PS Santhi vs. 1869 3. 1882 Cases 1. Precedents and Forms. Kolkata. Indian Contract Act. Hindu Marriage Act. New Delhi. 4th Edn-2002. JM Srivastava & MC Agarwal Mogha’s Indian Conveyancer. Rodney D. Pvt Ltd. 4. Corporate and Commercial Agreements Drafting Guidelines. Universal Law Publishing Co. Delhi Law House. 2nd Edn . 2. Universal Law Publishers. GF Harwood. Conveyancing. 2. NS Bindra. Vol. 2008 3. Forms and Precedents. Ryder.2005.8 . Delhi.. Kamal Law House. 20th Edn.1971.Further Readings 1. Kolkata. Drafting and Deeds. DK Gupta. New Delhi 2005. A Guide to Conveyancing. Delhi.2-7. Vol. Odgers on Pleadings and Practice. .