Drafting Pleading and Conveyancing I Notes | B.A. LL.B. (Five Year Course) Semester 6 | Mumbai University | munotes

Contents

Module I Letters, an accountable receipt, a promissory note, an affidavit, a declaration and a schedule of property

1. What This Course Is, and What a Draftsman Actually Does 1
2. The Parts Every Legal Document Has 6
3. The Language of a Legal Document 12
4. Describing the Parties, and Writing the Recitals 17
5. Stamp Duty: The Question Asked of Every Document 24
6. When a Document Must Be Registered 32
7. Execution, Attestation and the Witnesses 39
8. Affidavits, Oaths, and What a Notary Does 46
9. Writing to a Public Authority 53
10. A Letter Seeking Permission from a Statutory Authority 58
11. Attornment, and Why a Tenant Is Asked for It 64
12. A Letter of Attornment 70
13. Receipts, and What Makes One Accountable 77
14. An Accountable Receipt 83
15. What Makes an Instrument a Promissory Note 91
16. Drafting and Stamping a Promissory Note 99
17. A Promissory Note That Fails, and Why 105
18. Changing Your Name, and the Affidavit That Does It 113
19. An Affidavit for Change of Name 119
20. A Declaration, and How It Differs from an Affidavit 126
21. A Declaration 132
22. Describing Land So That Nobody Can Dispute It 140
23. A Schedule of Property for a Plot with a Structure 147

Module II A public notice, an adjournment application, vakalatnamas, and a Domestic Violence Act notice and application

1. A Public Notice: What It Achieves, and What It May Not Say 154
2. A Public Notice 161
3. The Power to Adjourn a Criminal Case 168
4. An Adjournment Application in a Criminal Matter 175
5. The Vakalatnama, and the Authority It Gives 184
6. A Vakalatnama for the High Court 192
7. A Vakalatnama for the City Civil or District Court 200
8. The Reliefs the Domestic Violence Act Allows You to Ask For 207
9. A Notice Under the Domestic Violence Act 217
10. An Application to the Magistrate Under the Domestic Violence Act 226
11. The Affidavit for an Ex Parte Order 237

Module III Consumer complaints and appeals, powers of attorney, and agreements for sale, franchise and confidentiality

1. Who May Complain Under the Consumer Protection Act 248
2. Which Commission, and Within What Time 256
3. A Consumer Complaint 263
4. The Affidavit, the Fee and the Sets That Go With a Complaint 274
5. Appeal Under the Consumer Protection Act 284
6. A Memorandum of Appeal 292
7. Revision Under the Consumer Protection Act 302
8. A Revision Petition 309
9. Agency, and What a Power of Attorney Really Does 319
10. A General Power of Attorney 327
11. A Special Power of Attorney 338
12. Stamping, Registering and Revoking a Power of Attorney 350
13. An Agreement for Sale, and What It Is Not 362
14. The Agreement for Sale of a Flat Under RERA 371
15. The Model Agreement, Clause by Clause 380
16. An Agreement for Sale 393
17. Stamp Duty and Registration on an Agreement for Sale 407
18. What a Franchise Agreement Has to Settle 417
19. The Law a Franchise Agreement Must Respect 425
20. A Franchise Agreement 436
21. Confidentiality, and What the Law Will Protect 453
22. A Confidentiality Agreement 462

Module IV Writ petitions under Articles 32, 226 and 227, and public interest litigation

1. The Three Articles, and Which Court to Move 477
2. What a Writ Petition Must Contain 487
3. A Writ Petition Under Article 32 495
4. A Writ Petition Under Article 226 508
5. A Petition Under Article 227 523
6. What the Court Requires of a Public Interest Petitioner 538
7. A Public Interest Litigation Petition 551
8. The Affidavit in Support, and the Papers That Travel with a Petition 570
9. The Mistakes an Examiner Marks, and How to Correct Them 584