Drafting, Appearances and Pleadings NEW COURSE JUNE 2021 ATTEMPT

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very professional should possess both the knowledge of and the skills in Drafting,
Appearances and Pleadings in order to reach the pinnacle of success. In today’s scenario
there should be proper blend of knowledge and presentation to attain the goals beyond
imaginations. Good Drafting skills assist in perfect presentation of the facts in unequivocal
manner.
This book will prove to be very helpful for attaining full-fledged knowledge of Drafting,
Appearances and Pleadings. While preparing this book implications faced by the Learners
were kept in mind. This book is consists of many special features to provide
comprehensive knowledge like:
➢ Concepts based Flow Charts.
➢ Covered whole study material in Simplified manner for easy Understanding.
➢ Consist of all the Past years Questions along with Answers
➢ Tabular Presentation of the concepts in order to make user friendly.
➢ Images are inserted for removal of doubts.
It is hoped that this book will be utmost use to the person who are keen to learn Drafting,
Appearances and Pleadings and I am very thankful to almighty God for blessing me with
such a golden opportunity to prepare this book.
In the event of any doubt, students may write for clarification at
Learnersguide0905@gmail.com or 9996065006.
All suggestions for improving this book are quite welcome and will be gratefully
acknowledged.
CS ANKUSH BANSAL
[LLB, LLM, B.COM]
INDEX
“Winners never quit, and Quitters never win”
Chapter
No.
Chapter Name
Page
No.
Chapter 1
General Principles of Drafting and
Relevant Substantive Rules
1-23
Chapter 2
Drafting and Conveyancing Relating
to Various Deeds and Agreements-I
24-68
Chapter 3
Drafting and Conveyancing Relating
to Various Deeds and Agreements-II
69-102
Chapter 4
Drafting and Conveyancing Relating
to Various Deeds and Agreements-III
103-154
Chapter 5
Drafting and Conveyancing Relating
to Various Deeds and Agreements-IV
155-206
Chapter 6
Drafting of Agreements under the
Companies Act
207-237
Chapter 7 Drafting under Secretarial Standards 238-324
Chapter 8 Judicial and Administrative Framework 325-339
Chapter 9 Pleadings 340-387
Chapter 10 Criminal Proceedings 388-399
Chapter 11
Drafting of Appeals, SLP, Reference,
Review, Revision and Writs
400-429
Chapter 12 Art of Legal Opinions 430-438
Chapter 13 Appearances 439-450
Chapter 14 Art of Advocacy 451-456
Question Paper of December 2019 457-459
Question Paper of December 2020
FIRST EDITION AUGUST 2018
SECOND EDITION JANUARY 2019
THIRD EDITION JUNE 2019
FOURTH REVISED EDITION – 30th JULY 2019
FIFTH EDITION JANUARY 2020
SIXTH REVISED EDITION- 21st MARCH 2020
SEVENTH EDITION- 15th JANUARY 2021
©All rights including Copyrights reserved and vested with the Author. No Part of
this book may be reproduced or copied in any form or by any means [Graphic,
Electronic or mechanical], or reproduced on any information storage device,
without the written permission of the Author.
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CS ANKUSH BANSAL
General Principles of Drafting and Relevant Substantive Rules 1 | P a g e
General Principles of Drafting and
Conveyancing
CONCEPTS COVERED UNDER THIS CHAPTER
1. INTRODUCTION AND MEANING OF –
➔ Drafting
➔ Conveyancing [Section 2(10) of The Indian Stamp Act, 1899]
➔ Contract [Section 2(h) of The Indian Contract Act, 1872]
➔ Deed
➔ Documents [Section 3(18) of General Clauses Act, 1897]
➔ Instruments. [Section 2(14) of The Indian Stamp Act, 1899]
2. DISTINGUISH BETWEEN-
➔ Drafting and Conveyancing.
➔ Conveyancing and Contract.
➔ Contract and Agreement.
➔ Document and Instrument.
➔ Deed poll and Deed pool.
3. GENERAL PRINCIPLES OF DRAFTING
4. DO’S AND DON’TS
5. GUIDELINES FOR USE OF PARTICULAR WORDS AND PHRASES FOR
DRAFTING AND CONVEYANCING
6. LEGAL IMPLICATIONS AND REQUIREMENTS
7. INTRODUCTION AND MEANING OF DOCUMENTS, INSTRUMENTS AND DEEDS
8. VARIOUS KINDS OF DEEDS
9. SOME IMPORTANT TERMS WHICH IS CONNECTED WITH THE DEED
10. COMPONENTS OF DEED
11. INTERPRETATION OF DEEDS AND DOCUMENTS
12. LAWS RELATING TO DRAFTING
The
Constitution
of India;
The Transfer
of Property
Act, 1882;
The
Registration
Act, 1908;
The
Indian
Stamp
Act, 1899;
The Indian
Contract
Act, 1872;
The Indian
Evidence
Act, 1872;
The
Companies
Act, 2013;
CS ANKUSH BANSAL
General Principles of Drafting and Relevant Substantive Rules 2 | P a g e
1. INTRODUCTION AND MEANING
A. DRAFTING
➔ For better understanding of drafting the NEXUS (connection /relation) between the law, the
facts, and the language must be fully understood and accepted.
[Thus, the essence of the legal drafting is the Law, the Fact and the Language]
➔ Drafting may be considered as the synthesis (Combination) of law and fact in a language form.
• All three aspects on equal footing (rank equally) while drafting.
• Legal drafting is crystallised form of a legal right, privilege, function, duty, or status.
• It is the development and preparation of legal instruments such as constitutions, statutes,
regulations, ordinances, contracts, wills, conveyances, indentures, trusts and leases, etc.
➔ Drafting of legal documents requires, the following pre-requisite,
(i) The skills of a draftsman,
(ii) The knowledge of facts and law
➔ To reduce the available information into writing with legal meaning; serious thinking along with
prompt action is required (Therefore drafting, is first thinking and second composing.)
➔ The process of drafting operates in two planes:
(i) The conceptual and
(ii) The verbal.
➔ Besides seeking the right words, the draftsman seeks the right concepts.
B. CONVEYANCING
Conveyancing is the art of drafting of deeds and documents whereby land or interest in land i.e.
immovable property, is transferred by one person to another; but the drafting of commercial and
other documents is also commonly understood to be included in the expression.
In India the forms of conveyancing are based on the present English Forms. It is to be taken note
that no legislation in India has ever been passed on the law of conveyancing.
AS PER STAMP ACT:
The term “Conveyance”, is defined under Section 2(10) of the Indian Stamp Act, 1899,
Conveyancing “includes:
(a) a conveyance on sale and
(b) every instrument-
(i) by which property, whether movable or immovable, is transferred inter vivos (between the living) and
(ii) which is not otherwise specifically provided by Schedule I of the Act.”
Drafting, in legal sense, means an act of preparing the legal documents like
Agreements
Contracts
Deeds
So as to put facts in a systematised sequence
CS ANKUSH BANSAL
General Principles of Drafting and Relevant Substantive Rules 3 | P a g e
AS PER TRANSFER OF PROPERTY ACT:
Whereas Section 5 of the Transfer of Property Act, 1882 the word “conveyance” in the wider
sense as referred to above.
Thus, conveyance is an act of conveyancing or transferring any property whether movable or
immovable from one person to another permitted by customs, conventions and law within the
legal structure of the country.
Section 5 of the Transfer of property Act, does not require that the person who conveys property
should necessarily be the owner thereof. In other words, the act of conveyance must, however, be
by a living person either he is the owner of the property or he is authorised to convey such property.
The property transferred may be outside India, if the act of conveyance is within the territory of
India, the rights and liabilities of the parties to the conveyance shall be liable to be effected.
`
PAST EXAMINATION QUESTIONS
Q1. Drafting is the synthesis of Law and Fact in a language form? [Refer Heading 1(A)]
Q2. Conveyance is an act of transfer of any property? [Refer Heading 1(B)]
Or
Explain the meaning of conveyancing. Distinguish between drafting and conveyancing?
Q3. Drafting and Conveyancing have same meaning and are interchangeable words?
Ans. Both the terms “drafting and conveyancing” provide the same meaning although these terms
are not interchangeable. Conveyancing gives more stress on documentation and must concerned
with the transfer of property from one person to another, whereas “drafting” gives a general
meaning synonymous to preparation of documents.
It may be PARTIAL such
as lease and Mortgage,
in which case not the
whole interest but
conveyance of specific
rights only amounts to
transfer.
CONVEYANCE
It may be
ABSOLUTE such as
➔ Sale,
➔ Exchange,
➔ Gift and
➔ Will.
Includes transfer of any right
in the property and not necessarily
all the interest of the transferor in
the property;
Does not Includes,
Transfer by operation of law.
For example, acquisition of
property by inheritance does
not amount to transfer.
CS ANKUSH BANSAL
General Principles of Drafting and Relevant Substantive Rules 4 | P a g e
WHICH WILL LEADS TO: –
• Better interaction while seeking legal advice from the legal experts.
• Laying down rights and obligations of the parties.
• Better communication,
• Extraction of more information,
• Attain workable solutions, and
• Settlement of the draft documents, engrossment and execution thereof,
2. DISTINGUISH BETWEEN
A. DRAFTING AND CONVEYANCING
Both the terms “drafting and conveyancing” provide the same meaning although these terms are
not Interchangeable.
BASIS DRAFTING CONVEYANCING
Manner
Drafting is the way and the manner of
preparation of any documents.
Conveyancing is the way and the manner
of preparation of only those documents
which involves transfer of property
from one person to another.
Purpose
It gives a general meaning synonymous
to preparation of drafting of documents.
It gives more stress on documentation,
more concerned with the transfer of
property from one person to another.
Scope
The concept of drafting is wider than the
concept of Conveyancing.
The concept of Conveyancing is
narrower than the concept of drafting.
Defining
Act
Document may include documents
relating to transfer of property as well as
other documents such as per Section
3(18) of General Clauses Act, 1897, as
per Sec 2(4) of Sale of Goods Act, 1930,
as per Companies Act, 2013.
Whereas the term conveyancing is defined
under section 2(10) of Indian Stamp Act,
1899.
Examples Retainership Agreement, Services
Agreement, Arbitration Agreements etc.
Sale Deed, Mortgage Deed, etc.
For obtaining legal
consultations,
For carrying out
Documentation departmentally
For interpretation
of the documents
IMPORTANCE OF THE KNOWLEDGE ABOUT DRAFTING AND CONVEYANCING
for the corporate executives has been felt particularly for the following three reasons viz.
CS ANKUSH BANSAL
General Principles of Drafting and Relevant Substantive Rules 5 | P a g e
B. CONTRACT