Drafting, Pleading and Conveyance Notes | LL.B. (Three Years) Semester 5 | KSLU | munotes

Contents

Unit I Drafting, including legislative drafting and plain language drafting

1. Drafting, Pleading and Conveyance: What This Paper Asks of You, and How to Use This Book 1
2. The Parts Every Legal Document Has 5
3. The Language of a Legal Document 11
4. Describing the Parties, and Writing the Recitals 16
5. Execution, Attestation and the Witnesses 23
6. Legislative Drafting: What It Is, and How a Law Carries Out a Policy 30
7. From Policy to Provision: Turning a Government Decision Into Clauses 35
8. How a Bill Becomes Law: Parliament and the Karnataka Legislature 40
9. The Anatomy of a Bill, Part by Part, and the Papers That Travel With It 45
10. The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act 50
11. A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons 55
12. Amendment Bills: Substitute, Insert, Omit, and the Principal Act 63
13. A Complete Amendment Bill 67
14. Subordinate Legislation: What It Is, and the Limits a Draftsman Must Respect 71
15. Drafting Rules, Regulations and Notifications: The Structure, and the Words That Give Them Force 77
16. A Complete Set of Rules, With Its Notification 82
17. Plain Language Drafting: What It Is, and Why the Law Now Asks for It 88
18. Plain Language Techniques: Twelve Ways to Make a Legal Text Clear Without Changing What It Does 92

Unit II Pleadings- Civil

1. Which Court? The Civil Courts of Karnataka and Their Limits 98
2. Civil Pleading in Karnataka Since 5 June 2025: What the State Amendments Changed 105
3. The Rules Every Pleading Obeys: Order VI 114
4. What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected 123
5. The Plaint, Head by Head 132
6. A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat 141
7. The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically 154
8. Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim 162
9. A Complete Written Statement With a Counterclaim 168
10. Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares 179
11. Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order 184
12. A Complete Interlocutory Application for a Temporary Injunction, With Its Affidavit 191
13. Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI 197
14. Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree 204
15. The Original Petition: Proceedings That Begin With a Petition, Not a Plaint 211
16. Guardianship: Who May Apply, and to Which Court 215
17. A Complete Application to Be Appointed Guardian, With the Inventory 226
18. Affidavits, Oaths, and What a Notary Does 239
19. The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears 246
20. Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time 252
21. A Complete Execution Application Under Order XXI Rule 11(2) 268
22. Civil Appeals and Revisions: the Map of Remedies, and the Time for Each 280
23. The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay 288
24. A Complete Memorandum of First Appeal to the High Court, With the Application for Stay 295
25. The Second Appeal: Section 100, and How to Frame a Substantial Question of Law 303
26. Civil Revision: Section 115, and What the Proviso Took Away 311
27. A Complete Civil Revision Application in the High Court 317

Unit III Pleadings - Criminal

1. Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State 324
2. The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard 332
3. When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) 340
4. A Complete Complaint of Criminal Defamation 348
5. A Complete Application Under Section 175(3), With the Affidavit 358
6. Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint 368
7. A Complete Demand Notice Under Section 138, Proviso (b) 375
8. The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time 382
9. A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 391
10. Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property 401
11. Three Complete Miscellaneous Applications 409
12. Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs 416
13. A Complete Bail Application in the Sessions Court, and What Changes in the High Court 426
14. Anticipatory Bail: Section 482, and What the Sanhita Kept and Left Out 433
15. A Complete Anticipatory Bail Application 439
16. Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal 445
17. A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence 451
18. Criminal Revision Before the Sessions Court, With a Complete Revision Application 458
19. Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim 466
20. A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence 472
21. Criminal Revision in the High Court, With a Complete Revision Application 479
22. The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes 487
23. A Complete Application to Quash an FIR Under Section 528 494

Unit IV Conveyance

1. The Seven Questions to Settle Before You Draft Any Deed of Transfer 500
2. Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule 506
3. Registration: Section 17, and What Must Be Registered 512
4. Section 18, Presentation, and What Section 49 Does to an Unregistered Deed 518
5. Sale: What Section 54 Requires, and When Ownership Passes 524
6. Section 55: The Rights and Liabilities the Law Writes Into Every Sale 529
7. The Sale Deed, Head by Head 534
8. A Complete Sale Deed of a Flat, and the Errors in It 539
9. Mortgage: Section 58, and the Six Kinds It Names 547
10. Simple Mortgage, and Mortgage by Conditional Sale 552
11. Usufructuary Mortgage, and English Mortgage 557
12. A Complete Simple Mortgage Deed 562
13. A Complete English Mortgage, and a Complete Usufructuary Mortgage 569
14. What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It 577
15. Lease: Section 105, and the Line Between a Lease and a Licence 582
16. Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends 589
17. A Complete Lease Deed of Commercial Premises 596
18. Gift: Sections 122 to 129, and What Makes a Gift Complete 606
19. Onerous Gifts, and When a Gift Can Be Taken Back 612
20. A Complete Gift Deed 618
21. What Makes an Instrument a Promissory Note 626
22. Drafting and Stamping a Promissory Note 634
23. A Promissory Note That Fails, and Why 640
24. Agency, and What a Power of Attorney Really Does 648
25. A General Power of Attorney 656
26. A Special Power of Attorney 668
27. Stamping, Registering and Revoking a Power of Attorney 680
28. The Will: Who May Make One, and How Section 63 Says It Is Executed 693
29. What a Will Must Say, and the Clauses That Cause Litigation 700
30. A Complete Will 708
31. The Codicil: What It May Do, and What It May Not 719
32. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 726
33. A Complete Trust Deed, Private and Public 732
34. Partition: What It Is, and What a Deed of Partition Must Settle 743
35. A Complete Deed of Partition 748
36. Rectification: What a Deed of Rectification Can Correct, and What Only a Court Can 753
37. A Complete Deed of Rectification 757
38. Partnership: Section 4, and What the Deed Must Settle 761
39. A Complete Partnership Deed, and the Registration of the Firm 768
40. The Errors That Destroy a Deed of Transfer 780

Unit V Drafting of Writ Petition

1. The Three Articles, and Which Court to Move 787
2. What a Writ Petition Must Contain 797
3. A Writ Petition Under Article 32 805
4. A Writ Petition Under Article 226 818
5. What the Court Requires of a Public Interest Petitioner 833
6. A Public Interest Litigation Petition 846
7. The Affidavit in Support, and the Papers That Travel with a Petition 866

Unit R

1. Your Practical Record: The Thirty Exercises, and How to Present Them 880
2. Five Legislative Drafting Exercises, With Model Answers 885
3. Five Plain Language Exercises: Re-drafting and Annotating Real Texts 893
4. The Viva Voce: What It Tests, and How to Prepare 899