Drafting Pleading and Conveyancing III Notes | LL.B. (3 years) Semester 6 | Mumbai University | munotes

Contents

Module I Civil pleadings: the plaint, the summary suit, the written statement, and the applications that move a suit from filing to execution

1. What This Third Course Adds: From Documents to Pleadings 1
2. Which Court? The Civil Courts of Mumbai and Their Limits 8
3. The Rules Every Pleading Obeys: Order VI 15
4. What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected 24
5. The Plaint, Head by Head 33
6. A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat 42
7. The Commercial Suit: Pre-institution Mediation, the Statement of Truth, and the Other Pages a Commercial Plaint Carries 56
8. The Summary Suit: Order XXXVII, and the Claims It Can Be Used For 64
9. A Complete Summary Suit Plaint on a Promissory Note and a Dishonoured Cheque 71
10. Summons for Judgment: the Plaintiff's Summons and Affidavit Under Rule 3(4) 78
11. A Complete Affidavit for Leave to Defend 86
12. Notice of Motion: What It Is, Where It Survives, and the Interim Application That Replaced It in the High Court 93
13. The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears 100
14. A Complete Notice of Motion for a Temporary Injunction, With the Affidavit in Support 106
15. The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically 114
16. Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim 121
17. A Complete Written Statement With a Counterclaim 128
18. The Defendant's Affidavits: in Support of the Written Statement, in Reply to a Motion, and the Statement of Truth 138
19. Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares 145
20. Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order 151
21. A Complete Interim Application in the High Court, With the Undertaking Rule 126 Requires 159
22. Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI 167
23. Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree 174
24. The Chamber Summons: What It Is, What It Is Used For, and Where It Survives 181
25. A Complete Chamber Summons to Amend the Plaint and Join a Party, With the Affidavit in Support 188
26. Purshis: the Short Statement a Party Files in a Maharashtra Court 197
27. Praecipe: Asking the Registry, and the Court, for Something 206
28. Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time 217
29. A Complete Execution Application Under Order XXI Rule 11(2) 234

Module II Criminal pleadings: complaints, the cheque case, bail in all its forms, appeal and revision in the Sessions Court, and the inherent power

1. Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State 247
2. The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard 255
3. When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) 263
4. A Complete Complaint of Criminal Defamation 271
5. A Complete Application Under Section 175(3), With the Affidavit 281
6. Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint 291
7. A Complete Demand Notice Under Section 138, Proviso (b) 298
8. The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time 305
9. A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 314
10. After the Complaint: Interim Compensation, the Deposit in Appeal, and Compounding 324
11. Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property 332
12. Three Complete Miscellaneous Applications 340
13. Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs 347
14. A Complete Bail Application in the Sessions Court, and What Changes in the High Court 357
15. Anticipatory Bail: Section 482, What the Sanhita Kept and Left Out, and What Maharashtra Had Added 364
16. A Complete Anticipatory Bail Application 372
17. Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal 378
18. A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence 384
19. Criminal Revision Before the Sessions Court, With a Complete Revision Application 391
20. Transit Bail: Protection When the Case Is Registered in Another State 399
21. A Complete Transit Anticipatory Bail Application 404
22. The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes 410
23. A Complete Application to Quash an FIR Under Section 528 417
24. Quashing on Settlement: a Complete Application After a Matrimonial Compromise 423

Module III Appeals, revisions, reviews and corrections: civil, criminal and consumer, and the Bombay practice of speaking to the minutes

1. Civil Appeals and Revisions: the Map of Remedies, and the Time for Each 437
2. The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay 444
3. A Complete Memorandum of First Appeal to the High Court, With the Application for Stay 451
4. An Appeal From an Order: Order XLIII, and a Complete Appeal Against the Refusal of an Injunction 459
5. The Second Appeal: Section 100, and How to Frame a Substantial Question of Law 468
6. Civil Revision: Section 115, and What the Proviso Took Away 476
7. A Complete Civil Revision Application in the High Court 482
8. Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim 489
9. A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence 495
10. An Appeal Against Acquittal: Leave, Special Leave, and the Victim's Appeal 502
11. Criminal Revision in the High Court, With a Complete Revision Application 510
12. Review: What It Is Not, and Civil Review Under Order XLVII 518
13. A Complete Civil Review Petition 523
14. Review in Criminal Matters and Under the Constitution: Section 403, Article 137, and the Curative Petition 528
15. A Complete Review Petition Under Article 137 535
16. Correcting a Judgment or Order: Section 152 of the Code and Section 403 of the Sanhita 541
17. Complete Applications for Correction, Civil and Criminal 546
18. Speaking to the Minutes: Rule 297, the Appellate Side Note, and Why It Is Not a Review 552
19. Appeals and Revisions Under the Consumer Protection Act 2019: the Ladder From District Commission to Supreme Court 559
20. A Complete Appeal to the National Commission Under Section 51 564
21. A Complete Revision Petition to the National Commission Under Section 58(1)(b) 570

Module IV Drafting for the legislature and for the bench: Bills, Amendment Bills, judgments and orders

1. How a Bill Becomes Law: Parliament and the Maharashtra Legislature 575
2. The Anatomy of a Bill, Part by Part, and the Papers That Travel With It 580
3. The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act 585
4. A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons 590
5. Amendment Bills: Substitute, Insert, Omit, and the Principal Act 598
6. A Complete Amendment Bill 602
7. Judgments: What a Judgment Is, and What the Codes Require of One 606
8. How a Civil Judgment Is Written: Issues, Points, Findings, Reasons and the Operative Order 611
9. A Complete Civil Judgment 616
10. How a Criminal Judgment Is Written: Points for Determination, Reasons, and the Hearing on Sentence 624
11. A Complete Criminal Judgment in a Section 138 Case 633
12. Orders: Interim Orders, Speaking Orders, and the Order Sheet 646
13. A Set of Complete Orders: on a Notice of Motion, on a Bail Application, and in the Order Sheet 654
14. Twenty-Two Documents: the Errors an Examiner Marks, and the Correction for Each 666