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

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Drafting Pleading and Conveyancing I

B.A. LL.B. (FIVE YEAR COURSE) · SEMESTER 6

Strictly as per the revised CBCS syllabus of the University of Mumbai

For students of the University of Mumbai and all its affiliated law colleges

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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 90
  16. Drafting and Stamping a Promissory Note 98
  17. A Promissory Note That Fails, and Why 104
  18. Changing Your Name, and the Affidavit That Does It 112
  19. An Affidavit for Change of Name 118
  20. A Declaration, and How It Differs from an Affidavit 125
  21. A Declaration 131
  22. Describing Land So That Nobody Can Dispute It 139
  23. A Schedule of Property for a Plot with a Structure 146

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 153
  2. A Public Notice 160
  3. The Power to Adjourn a Criminal Case 167
  4. An Adjournment Application in a Criminal Matter 174
  5. The Vakalatnama, and the Authority It Gives 183
  6. A Vakalatnama for the High Court 191
  7. A Vakalatnama for the City Civil or District Court 199
  8. The Reliefs the Domestic Violence Act Allows You to Ask For 205
  9. A Notice Under the Domestic Violence Act 215
  10. An Application to the Magistrate Under the Domestic Violence Act 224
  11. The Affidavit for an Ex Parte Order 235

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 246
  2. Which Commission, and Within What Time 254
  3. A Consumer Complaint 261
  4. The Affidavit, the Fee and the Sets That Go With a Complaint 272
  5. Appeal Under the Consumer Protection Act 282
  6. A Memorandum of Appeal 290
  7. Revision Under the Consumer Protection Act 300
  8. A Revision Petition 307
  9. Agency, and What a Power of Attorney Really Does 317
  10. A General Power of Attorney 325
  11. A Special Power of Attorney 336
  12. Stamping, Registering and Revoking a Power of Attorney 348
  13. An Agreement for Sale, and What It Is Not 360
  14. The Agreement for Sale of a Flat Under RERA 369
  15. The Model Agreement, Clause by Clause 378
  16. An Agreement for Sale 391
  17. Stamp Duty and Registration on an Agreement for Sale 405
  18. What a Franchise Agreement Has to Settle 415
  19. The Law a Franchise Agreement Must Respect 423
  20. A Franchise Agreement 434
  21. Confidentiality, and What the Law Will Protect 451
  22. A Confidentiality Agreement 460

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

  1. The Three Articles, and Which Court to Move 474
  2. What a Writ Petition Must Contain 484
  3. A Writ Petition Under Article 32 492
  4. A Writ Petition Under Article 226 505
  5. A Petition Under Article 227 520
  6. What the Court Requires of a Public Interest Petitioner 535
  7. A Public Interest Litigation Petition 548
  8. The Affidavit in Support, and the Papers That Travel with a Petition 567
  9. The Mistakes an Examiner Marks, and How to Correct Them 581
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