Law 503 PDF

Download as pdf or txt
Download as pdf or txt
You are on page 1of 212

Chanderprabhu Jain College of Higher Studies

&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Class : 10th semester

Paper Code :503

Subject :drafting ,pleading, convincing

Unit 1 to 4 DRAFTING OF PLEADING AND CONVEYANCING

- General Principles of Drafting and Relevant Rules

CIVIL

- Plaint

- Written Statements

- Interlocutory Applications

- Original Petition

- Affidavit

- Execution Petition

- Memorandum of Appeal and Revision

- Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL

- Complaint

- Criminal Miscellaneous Petition

- Bail Application
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

- Memorandum of Appeal and Revision

CONVEYANCING

- Essentials of a Deed

- Sale Deed

- Mortgage Deed

- Lease Deed

- Gift Deed

- Promissory Note

- Power of Attorney

- Will

- Agreements

DRAFTING OF PLEADINGS AND CONVINCING

GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES

The art of drafting the pleadings has not yet fully developed in spite of the increase
in the civil litigation. As a matter of fact, the art of pleading should be the
foundation course and great emphasis should be laid on this paper. Because of this
absence of rigorous training, the young lawyers often indulge in prolixity rather
than clarity and conciseness. Many dead-sure-win cases drag on for years in the
courts only because of faulty drafting. Irrelevant matters, unnecessary details are
often included and the facts placed before the lawyer by his client are not
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

marshaled. The result is that the martial facts are often mixed up with inessential
matter.According to Lord Halsbury - "Where system of pleading may exist, the
sole object of it is that each side may be fully alive to the questions that are about
to be argued in order that they have an opportunity of bringing forward such
evidence as may be appropriate to the issue"Pleading is an art, of course, and art
which requires not only technical and linguistic skill but also an expertknowledge
of the law on the given point brought before a lawyer. Even experienced lawyers
and attorneys are not infallible and sometimes they also make mistakes. However,
in the matter of pleadings longer

experience and a great linguistic acumen are both essential ingredients. What
ultimately matters is howclearly and systematically have the facts been presented
before the court of law.

It is a matter of common knowledge that when a person comes to seek the


assistance of the court of law inany matter, he has to prepare a statement of his
claims, and the facts on which such claims are founded.Such statements fully
drawn up, setting out all contentions, are called "pleadings". Thus pleadings are the
foundation of all sorts of litigation; no judicial system in the world can do justice in
any matter unless anduntil the court of justice is fully aware as to the claims and
contentions of the plaintiff and of the counterclaims and defences of the
defendant.In the ancient times when the king was the fountainhead of all justice, a
petitioner used to appear before theking in person and place all facts pertaining to
his case before his majesty. After such oral hearing, the king used to summon the
other party and thereafter listen to the defence statements put forward by the
person so summoned. There used to be same sort of cross examination or cross
questioning of the parties by the

king himself. Thereafter, the decision was announced. There was hardly any
system of written statements;all the same "pleadings" did exist, although they were
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

oral. The king and his courtiers kept on what may be called a mental record of the
proceedings. Perhaps only r. few serious and otherwise significant cases, the
decisions were recorded .With the passage of time, judicial system underwent a
change. The administration at justice was separatedfrom the executive and
assigned to the court of law. Complexity of resulted in enormous litigation, and
oralhearing of the ancient times became almost impossible. Scribes used to keep
records of all theproceedings Gradually this procedure was also abandoned and the
litigants were allowed to bring theirclaims and contetions duly drawn up to fie
them before the Honb6e courts. When this change exactlyhappened, it is difficult
to say. Experience was a better teacher; and the changes in court procedure took

place not only in the light of the past experience but also in the face of expediency.
Written proceedings 2made the task of the courts of law easier and less
complicated than the earlier oral proceedings. By the turn

of 19th century the procedure of pleadings has become fairly elaborate and
systematized.When the civil codes came to be drafted, the principles of pleadings
were also given statutory form. Vide order VI Rule 1 "pleading". Shall mean plaint
or written statement. Mogha has elaborated this definition

when he remarked that "pleadings are statements, written, drawn up and filed by
each party to a case,stating what his contentions will be at the trial and giving all
such details as his opponent needs to know in

order to prepare his case in answer".The document stating the cause of action and
other necessary details and particulars in support of the claim of the plaintiff is
called the "plaint". The defence statement containing all material facts and other
details filed by the defendant is called the "written statement". The written
statement is filed by the defendant as an answer to the contentions of the plaintiff
and it contains all materials and other objections which the defendant might place
before the court to admit or deny the claim of the plaintiff. Pleadings are, therefore,
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the foundation of any litigation, and must be very carefully drafted. Any material
omission in the pleading can entail serious cones quinces, because at the evidence
and argument stages, parties are not permitted to depart from the points and issues
raised in the pleadings, nor can a party be allowed to raise subsequently, except by
way of amendment, any new ground of claim or any allegation of fact inconsistent
with the previous pleadings of the party pleading the same. In some cases the court
may allow amendment of the plaint or the written statement on the application of a
party. This can be done under order VI Rule 17 of Civil Procedure Code. Another
case of departure is where a party pleads for set-off .Pleadings contain material
facts, contentions and claim of the plaintiff, and the material facts, contentions
,denials or admissions of claims by the defendants. There may also be counter
claims by the defendant which may of two categories - (i) a claim to set-off against
the plaintiff's demand is covered by order 8 Rule

6, and (ii) and independent counter claims which is not exactly set off but falls
under some other statute.

While the former is permitted to be pleaded by the courts, the latter is not, but
when the .defendant files such counter claims, the written statements is treated as a
plaint.

Object of Pleadings

The whole object of pleading is to give a fair notice to each party of what the
opponent's case is. Pleadingsbring forth the real matters in dispute between the
parties. It is necessary for the parties to know each other's stand, what facts are
admitted and what denied, so that at the trial they are prepared to meet
them.Pleadings also eliminate the element of surprise during the trial, besides
eradicating irrelevant matters which are admitted to be true. The facts admitted by
any parties need not be pursued or proved. Thus the pleadings save the parties
much bother, expense and trouble of adducing evidence in support of matters
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

already admitted by a party, and they can concentrate their evidence to the issue
framed by the Court in the light of the facts alleged by one party and denied by the
other.There is another advantage of the pleadings. The parties come to know
before hand what points theopposite party will raise at the trial, and thus they are a
prepared to meet them and are not taken by surprise,which would certainly be the
case if there were no obligatory rules of pleadings whereby the parties
arecompelled to lay bare there cases before the opposite party prior to the
commencement of the actual trial.On the basis of above discussion we deduce the
following fundamental rules of pleading, which also havebeen incorporated in
order VI of the Civil Procedure Code 1908.

3Fundamental Rules of Pleadings

1) That a pleading shall contain, only a statement of facts, and not Law;

2) That a pleading shall contain all material facts and material facts only.

3) That a pleading shall state only the facts on which the party pleading relies and
not the evidence by

which they are to be proved,

4) That a pleading shall state such material facts concisely, but with precision and
certainty.

1. Facts and Not Law: One of the fundamental rules of pleadings embodied in
order VI rule 2 is that apleading shall contain and contain only a statement of facts
and not law. And it is for the judge to

draw such inferences from those facts as are permissible under the law of which he
is bound to takejudicial notice. A judge is bound to apply the correct law and draw
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

correct legal inferences and facts,even if the party has been foolish to make a
written statement about the law applicable of those facts. If a plaintiff asserts a
right in himself without showing on what facts his claim of right is funded or
asserts that defendant is indebted to him or owes him a duty without alleging the
facts out ofwhich indebtedness or duty arises, his pleading is bad.The parties
should not take legal pleas but state the facts on the basis of which such
legalconclusions may logically follow and which the court would take a judicial
notice of. Thus where aparty pleads that the act of the defendant was unlawful, or
that the defendant is guilty of negligence,or that the defendant was legally bound to
perform specific contract, such a pleading would be bad.In such cases, the plaintiff
must state facts which establish the guilt or negligence of the defendant,or how the
particular act of the defendant was unlawful, of the fact leading to the contract
which thusbound the defendant.Thus in a declaratory suit, it is not enough-to plead
that the plaintiff is the legal heir of the deceasedfor this is an inference of law. The
plaintiff must show how he was related to the deceased, and also show the
relationship of other claimants, and other material facts to show that he was nearer
inrelation to the deceased than the other claimants.Similarly on money suit it is not
enough that the plaintiff is entitled to get money from the defendant.He must state
the facts showing his title to the money. For example, he should state that
thedefendant took loan from the plaintiff on such and such date and promised to
return the moneyalong with specified interest on a particular date, and that he
requested the defendant to return thesaid amount after the date but that he refused
to return the money. If some witnesses were presentwhen the money was lent or
when the demand was made or when the refusal by the defendant wasmade, the
fact should be stated specifically, for at the time of the trial the court may order the
plaintiffto adduce evidence in support of his statement, and then he can rely on the
evidence of thewitnesses in whose presence he had lent money or in whose
presence he had made a demand forthe return of the money.In a matrimonial
petition, it is not enough to state that the respondent is guilty of cruelty towards the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

petitioner-wife and that she is entitled to divorce. The petitioner must state all
those facts which

establish cruelty on the part of the respondent. She may state that her husband is a
drunkard and

used to come home fully drunk and in a state of intoxication he inflicted physical
injuries on her, she

should specify dates on which such incidents took place; or that the husband used
to abuse her or

beat her in the presence of her friends and relations or that after her marriage she
was not allowed to

visit her parents or that he was forcing her to part with her dowry, giving threats of
physical beating;

or that immediately after her marriage till date the respondent did not even talk to
her nor he

cohabited with her. It is such facts which can establish physical or mental cruelty.

In another example plaintiff files a suit for negligence and damages. It is not
enough for him to state

negligence. First of all the plaintiff must state those facts which establish the
defendant's duty
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

towards the plaintiff. Thereafter, he must state how and in what manner was the
defendant guilty of

negligence. Thus he must state all the facts on which his plaint is based. The
inference of law to the

breach of duty should be left to the court because the correct legal principles will
be applied by the

court and the plaintiff cannot even add any prayer that a particular legal conclusion
which follows

must be applied. The only prayer that he may add is that the relief may kindly be
granted to him.

Omission to state all the fact renders the pleading defective whatever inferences of
law might

otherwise have been pleaded. Such a plaint may be rejected on the ground that it
discloses no

cause of action. The plaintiff or the defendant as the case may be, and his counsel
must be on their

guard not to omit any facts and straight-a-way jump to pleading legal interference
without stating

such facts.

For example, in a suit for recovery of money for the goods sold, the defendant
should not just take

the plea that he is not liable. Such a statement is a plea of law, and can hardly stand
and in spite of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

his good defence his case will fail. In such a case the defendant must clearly state
that he did not

purchase any goods from the plaintiff nor was there an agreement to do so. He may
also state that

though the goods were sent to him, but he did not take the delivery as he had
placed no order

therefore or that the goods were sold to him on credit and the money was to be paid
to the plaintiff

after the sale of such goods and the goods were still lying with him unsold, and that
he was willing to

return the goods to the plaintiff in accordance with the written or oral
understanding that in case of

the goods remaining unsold the same shall be taken back by the plaintiff. Such
facts would be valid

pleas.

In another example of a suit for defamation and damages, it is not sufficient for the
plaintiff to state

that the defendant defamed him and therefore he was entitled to damages or special
damages. The

plaintiff must state all the facts of the defendant act or acts such as his public
utterances in which he

named the plaintiff and made remarks about his character or profession or the
publications in which
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

he was painted in a manner as would in the opinion of a common man lower him in
the eyes or

estimation of society. Wherever possible the plaintiff must give the exact words
spoken or used in

the entire sentence or statement and also give the general, grammatical or implied
meaning of such

words spoken or used. Wherever there is any ambiguity, he may take the plea of
"inuendo" and

state how such a remark was commonly understood by persons known to him.
Thus the plaintiff

should build his case on facts from which the conclusion would naturally and
logically follow.

Examples of Bad Pleading:

A few instances of bad pleading for the benefit of the law students who whish to
join the Bar: A lawyer

should be careful while drafting a plaint or a written statement. Sometimes, there is


slight difference

between a statement of fact and a statement of law and a lawyer fails to notice it.
The mental

computer must constantly be at work marshalling the facts and separating such
facts from legal

inferences.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

5 I. The respondent has deserted the petitioner for a statutory period of one year
and above,and hence the petitioner is entitled to divorce. Here the legal inferences
have been pleaded.

II. The defendant has not so far paid back the money and hence the plaintiff is
entitled to

foreclose. Here only the legal plea has been taken. The plaintiff should have stated
all the facts

of mortgage and the details of the conditions pertaining to the mortgage.

III. The alienation of property by the father of the plaintiff was not made for legal
necessity or it

was made for immoral purposes and such alienation is not binding on the plaintiff.
Almost the

entire statement is a plea of law and does not state the facts. He should state the
nature of

alienation, the purpose for which, and the circumstances under which, the
alienation was made,

and whether it was made in the interest of the family. That at the time of the
alienation, no

particular benefit would have arisen to the family nor was the honour of the family
at stake

should be stated.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

IV. That the plaintiff has lost all his interest in the family property by virtue of his
adoption by

another family and therefore he is not entitled to any relief. The suit is
misconceived. The entire

statement contains a proposition of law. The defendant must state all facts relating
to the

adoption of the plaintiff whether there was actual giving and taking of the plaintiff
and by whom

and in whose presence.

V. That the defendant is liable to render account of income and expenditure in


respect of the

mortgaged property. The liability pleaded is a statutory liability which the court
will take notice of.

The plaintiff should however state all the facts and conditions of mortgage,
whether it was a

simple mortgage or a usufruct mortgage, and the terms and conditions of the
mortgage on the

basis of which such a liability on the basis of which such a liability is fixed.

VI. That the defendant has infringed his copyright and therefore he is entitled to
damages, in

addition to the account of the sales of all books sold so far and to the return of the
unsold ones, or
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

that the plaintiff is entitled to an injunction against the defendant directing him not
to publish, sell

or otherwise pass on the said book. The plaintiff should state the details of the
infringement of

his copyright, and also give the passage I chapters I materials in fringed by the
defendant has

stolen the ideas or the material as such. If he states that infringement of ideas, then
he should

specify how his ideas, have been utilized with similarities in plan and sequences,
scenes,

settings etc.

VII. That the mortgaged property belonged to a joint Hindu family of which the
plaintiff is also a

member and that the second defendant could not have legally transferred the same
to the first

defendant without his consent. A proposition of law has been stated.

Sometimes the strict rule of pleading that legal inferences must not be pleaded and
only facts should be

stated is followed in a somewhat diluted form and the courts do not normally insist,
in such cases, on the

strict observance of the above rule. Occasionally, a plea of law is taken more for
the sake of clarity and to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

show inter-connection between various facts which otherwise may appear to be


disjoined. Such pleadings,

if they do not embarrass the other party, are generally tolerated by the Courts. In a
suit for recovery of

money, if the guardian of the minor defendant pleads that at the time of the alleged
loan the defendant was a

minor and hence incompetent to contract, such a plea would be tolerated though
strictly speaking the

6 inference of law stated is unnecessary. It should be remembered that where such


inferences of law are

tolerated, they should not be pleaded without pleading the facts. Thus when facts
are so correlated as to

justify the legal inferences which necessarily follow, the pleadings can be
tolerated. But when legal

inferences are pleaded without setting out the facts the pleading would be bad.

The rule stated above applies to cases which fall within the purview of the law
which the courts are bound to

take judicial notice of. For ex., Indian Courts are bound to apply the Indian law to
the cases in India. But the

Indian court is not bound to take judicial notice of the foreign law. Thus where the
pleadings make any
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

reference to foreign law, or custom such foreign law or must be stated clearly with
proper reference to the

statute. Similarly custom may govern the parties to a suit and the Court may not
take notice of such custom

unless such custom is stated. In matrimonial matters custom has been recognised in
certain matters such

as marriage between the persons who are spind as or who area within the degrees
of prohibited

relationship. If a party proves that a custom prevailed in the community which


permitted such a marriage,

the pleading would be correct and not bad. Similarly in trade and commerce there
are many customs which

govern the business relations between the parties. Such customs ought to be
pleaded along with the facts.

At the same time, a custom which has been repeatedly brought to the notice of the
courts so that it has

acquired the force of law need not be pleaded, as the courts would take judicial
notice of such a custom.

The rule also permits the legal pleas denying the legal right of the other party. For
example, the defendant

can take a plea res-judicata as a valid defence against the plaintiff, or limitation can
be pleaded in defence.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Where a landlord files a suit against a tenant as a trespasser, the defendant can take
the legal plea of

estopple under s.116 of the Evidence Act. Such pleas can be taken, and in fact,
must be taken at the first

instance by either if the parties, because if such pleas are not taken into the first
instances the defaulting

party will not be allowed to adduce evidence to prove it. Such a defect may not
even be removed by an

amendment of the pleading as the courts would not permit such an amendment as it
takes away a right

which has accrued to the party.

(2) Material Facts: when a litigant comes to a legal practitioner, he brings all facts
and circumstances

pertaining to a case. In fact, he tries to narrate each and every event which may
possibly have a remote

bearing upon the case. Not all such facts are important. If every thing were to be
included in the plaint, then

the plaint is likely to become so voluminous that the learned judge is likely miss
the essential track and be

guided by the inessentials.

What is necessary therefore are the facts which are material; facts which have a
direct and immediate
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

bearing on the case, facts which are secondary or incidental may easily be omitted.
Of course, the lawyer

must weigh each fact and test its significance and relevance in relation to the given
case. Marshalling of

facts is what a good lawyer would always do before he sets them down in form of a
plain.

The second fundamental rule of pleading is therefore, that every pleading shall
contain and contain only, a

statement of the material fact as on which the party pleading relies for his claim or
defence. This rule is

embodied in order VI Rule 2 and it requires that -

I. the party pleading must plead all material facts on which he intends to rely for
his claim or defence

as the case may be; and

II. He must plead material facts only, and that no fact which is not material should
be pleaded, nor

should the party plead evidence.

7 The rule is indeed a strict one. The question would naturally arise: what are the
material facts? Indeed every

fact on which the cause of action or the defence is founded is material fact. The
purpose entertained by the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

rule is that every unnecessary and irrelevant fact need not be brought on record,
and the rule acts as a

damper to the litigants, habit of stating all details that strike their mind, whether
such details are relevant or

not, it necessitates the process of elimination on the part of the litigant. All facts
which will be required to be

proved at the trial in order to establish the existence of a cause of action or defence
are material facts. Then

there are other facts which do not directly establish the cause of action or defence
but which nonetheless

ate material facts in that the party pleading them has an inherent right to prove
them at the trial.

Whether a particular fact is material or not will depend upon the circumstances of
the case. A fact may not

appear to be material at the initial stage but it may turn out to be material at the
time of the trial. Thus if a

party is not able to decide whether a fact is material or not, or it he entertains a


reasonable double as to the

materiality of a particular fact, it would be better to include than to exclude, be


better to include than to

exclude, because if a party omits to state or plead any material fact, he will not be
permitted to adduce
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

evidence to prove such a fact at the trial unless the pleading is amended under
order VI rule 17. The general

rule is that a party cannot prove a fact which he has pleaded.

The task of a lawyer is therefore rather difficult. He must observe the rule that only
material facts are to be

pleaded, and, at the same time, he must not exclude any fact which may seem
apparently unnecessary but

which may turn out to be material as the trial progresses. Thus he must visualize all
the possible directions

or dimensions which the pleadings are likely to assume. An experienced lawyer


would marshal all the facts

placed before him by his client and by correlating them, and after carefully
examining the interplay between

such facts, decide what facts are material to establish the cause of action or
defence. There after he would

prepare or rough or a mental outline of the pleading and submit all such facts to a
close analysis in order to

make sure whether if he is able to prove all such material facts he would succeed.
Bya process of

elimination he must also see whether by excluding certain seemingly immaterial


facts from the outline he

has prepared, he would still succeed. If he can return an affirmative answer, he


should exclude such
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

irrelevant facts, but if the answer be in the negative, then he must include them
Another way of testing the

materiality of the facts would be to ask whether by proving a particular fact, he


would certainly establish the

cause of action or the defence.

The idea is that the pleading should not include any fact which would not assist the
party even if such a facts

is proved. And why at all waste energy, time and money is establishing the
correctness or otherwise of a fact

which does not advance the party's case? One of the reasons why the litigation
drags on for years is that the

litigants do not come to the point, there being much about nothing. In India the
courts are filled with all sorts

of litigation. The lawyers are taking briefs of all sorts and they are extremely busy.
They have hardly any

time to examine the materiality of the facts narrated to them by their clients. The
pleadings, therefore,

become un widely and voluminous, so much so that at the time of framing the
issues, the matter becomes

really a hard nut to crack. The litigation drags on withstanding the wishes of the
parties to the contrary. It is

the duty of the lawyers to ensure that the pleadings. conform to the rules laid down
in the code of civil
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

procedure. They should be guided more by their own sense of proportion rather
than succumb to every

whim or eccentricity of their clients.

Instances of Material Facts: In a petition for judicial divorce on the ground of


desertion, the fact that the

respondent left the petitioner without his consent and without any justifiable
excuse is material. Any other

fact directly bearing upon her animus desrendi, such as her declaration before the
neighbors or other

relations that she is leaving the petitioner and that she would not like to go back to
him, is also material.

8 In a suit for ejectment of a trespasser from the land and for injunction it is
material to allege that defendant

"threatens and intends to repeat the illegal act" similarly if a party seeks a stay
order against any authority's

act of demolition his premises, shop or building he must allege that he is owner of
the property and the plans

or the map thereof was duly sanctioned by the appropriate authority. Or if a


government land, he must

allege that he has been in undisturbed possession thereof for over twelve years.
Such facts are material,
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

because if proved, they will establish the cause of action.

In a suit for defamation, it is material to allege that the words were intended to
defame the plaintiff or at least

they were so understood by men at large, if the words are ambiguous, then
"innuendo" must be pleaded

that they were ironically used or were intended so to be understood.

Where a party claims the benefit of a special rule or custom then he must allege all
facts which bring the

case within the ambit of that special rule or custom. For example where a marriage
between two spindas or

between two persons within the degrees of prohibited relationship is challenged in


some property matter,

the party is challenging the validity of the marriage must allege that there was no
custom governing the

parties which permitted or sanctioned such a marriage between spindas. It is


material to allege the

existence of a long established family or caste custom governing the parties to the
marriage which

permitted or sanctioned such a marriage.

In a money suit, it is material to allege part-payment of the loan and also any other
fact which gives a new
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

lease of three years' time to the loan in order to save the suit ITom the bar of
limitation.

When a plaintiff bases his claim on some document, it is material to state the effect
of such a document. For

example, where the case is based on a sale-deed, it is material to state that a


particular person has sold

property to him by a sale-deed dated so and so which was duly registered.

In a suit for specific performance of a contract it is material to allege that the


plaintiff has always been willing

and is willing to perform his part of the contract.

Examples of Facts not Material

In a suit on a promissory note, it is not material to state that the plaintiff requested
the defendant to make the

payment and he refused, because no demand is necessary when the promissory


note becomes due and it

is payable immediately.

Similarly in a suit for recovery of money for the goods sold, it is not material to
state that the goods belonged

to the plaintiff or that the goods were sold to the defendant on the belief that he
would honestly make the

payment.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

In the case of damages general damages are presumed to be the natural or probable
consequence of the

defendant's act. Such damages need not be proved. But special damages will not be
presumed by law to be

the consequence of the defendant's act but will depend on the special
circumstances of the case.

Therefore, it will have to be proved at the trial that the plaintiff suffered the loss
and also that the conduct of

the defendant resulted in the loss so suffered by the plaintiff. In such cases the
proof of special damages is

essential to sustain an action. A person has no right of action in respect of a public


nuisance unless he can

show some special injury to himself which is over and above what is common to
others.

Thus it is clear that whereas general damages may not be pleaded the special
damages must be alleged,

9 and all facts on which such special damages are based are material to the
pleading. They are material

because they will have to be proved. All such facts must, therefore, be mentioned
or state. With necessary

particulars to show what special damage the plaintiff suffered. For example in a
suit for defamation it will
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

have to mentioned that services of the plaintiff were terminated as a result of a


particular article which

damaged the professional repetition of the plaintiff so much salary which he might
have continued to get but

for the publication of the defamatory article

Exception to the General Rules: The general rule as stated above is that only the
material facts should be

stated. The rule is, however, subject to the following exceptions:

i. The performance of occurrence of any condition precedent need not be pleaded


as its averments

shall be implied in the pleading. But where a party chooses to contest the
performance or

occurrence of such condition, he is bound to set-up the plea distinctly in his


pleading. However,

there are conditions which the law requires that they must be satisfied. For
example sec. 80 of civil

procedure code, requires a notice to the government where a plaintiff wishes to file
a suit against a

government official or state. He must clearly allege that such a notice has been
given. Similarly that

the notice has been given under S.111 of Transfer of Property Act, must be clearly
stated, as the law
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

requires such a notice to be given.

ii. Neither party to a suit need allege any matter which the law presumes in his
favour or as to the

burden of proof of which lies on the other party, for ex. in a suit on a promissory
note the plaintiff need

not allege consideration as sec.118 of Negotiable instruments Act raises a


presumption in his

favour. It is also not necessary to state that the defendant executed the bond 'of his
own free will,

and without any force or fraud because the burden of proving any fact invalidating
the bond lies

upon the defendant. But the case is different when the defendant is a pardah nashin
lady. In that

case, the plaintiff must state that the bond was read out and explained to her and
that she executed

it of her own free will after having independent advice because in this case the
burden of proving

these facts lies on the plaintiff himself.

Regarding legal presumptions the exception applies to only such facts as the court
"shall presume" and

not to those facts which the court may presume", and therefore the facts falling
under the latter class
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

must be pleaded.

iii. Another exception to the general rule are facts which are merely introductory.
Such facts only state

the names of the parties, their relationships, their professions and such
circumstances as are

necessary to inform the court as to how the dispute has arisen. Such facts are
hardly necessary or

material to the pleading, but they are generally tolerated and are set in the
pleadings by both the

parties in order to facilitate the court to take a stock of the situation of the parties.
It is better if such

perfactory remarks are cut down to the minimum.

(3) Facts not Evidence: While drafting a plaint, a lawyer must distinguish
between facts which are

asserted and which have to be established through evidence whether documentary


or oral, and facts which

are, by themselves, in the nature of evidence. At the initial stage only the former
facts have to be narrated,

and when the state of evidence comes, then the other facts will be represented as a
part of evidence in

order to establish the first set of facts. Thus much before the stage of evidence
comes, the opposite party
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

can Marshall himself and be ready to meet all the allegation set forth in the plaint.

10

The third fundamental rule of pleadings is that only facts must be stated and not the
evidence there of there

is a tendency among the litigants to mix up the bare facts with the facts which are
in realty the evidence. At

the stage of pleading, the court and the opposite party should be supplied with the
facts and such

contentions on which the claim is founded; the plaintiff must keep the facts in
evidence for a later stage of

evidence.

Now facts are classified under the following two categories:

(a) Facta probanda, the facts which are to be proved. These are the facts on which
a party relies.

(b) Facta probantia, these are the facts which are not to be stated because by their
means facta

probanda are proved. Thus these facts are the evidence as to the existence of
certain facts on

which the party relies for his cause of action or defiance as the case may be.

Facta probanda are not facts in issue, but they are relevant in that at the trial their
proof will establish the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

existence of facts in issue. No doubt in certain cases both the facts in issue and
there facts in evidence are

mixed up and are almost indistinguishable. For ex., A was married to B in


accordance with a particular

custom governing marriage between A and B. in this case the "custom" is a both
fact in issue and a fact in

evidence, because once the custom is proved, then the marriage also, stands
proved. In the pleading it is

sufficient to allege that the marriage was celebrated in accordance with a particular
custom. At the evidence

stage, it will be sufficient to refer to the manual of customary law which records
customs,

The following rules have been enacted under the code of civil procedure and
hereunder we

elaborate them with the help of suitable illustrations:

(1) Malice, Knowledge etc : Order VI Rule 10 clearly says that wherever it is
material to allege malice,

fraudulent intention, knowledge or other condition of the mind of any person, it


shall be sufficient to allege

the same as a fact without setting out the circumstances from which the same is to
be inferred. Thus it is

sufficient to allege that the defendant has cheated the plaintiff to the extent of Rs.
10,000/-. It is not
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

necessary, nor would it be in order, to plead how the defendant has cheated the
plaintiff. The "how" part

would be evidentiary and should not be pleaded. In a suit for malicious prosecution
the plaintiff should only

allege that the defendant was actuated by malice in prosecuting him. t.'4e should
not stated the details of

any previous hostility of the defendant's previous conduct to wards the plaintiff.

Notice: Order VI Rule 11 deals with notice. It says that wherever it is material to
allege notice to any person

of any fact, matter or thing, it shall be sufficient to allege such notice as a fact
unless the form or the precise

terms of such notice or the circumstances from which such notice is to be inferred,
are material. In many

cases notice has to be alleged as a material fact. For ex., in a suit to recover trust
property from a person to

whom a trustee has given it in breach of the trust or in a suit where priority for
subsequent transfer is

claimed. In such cases, it is sufficient to allege notice as a fact. It is not necessary


to state the entire from or

precise words of the note, nor any other circumstances from which such a notice
could be inferred

sometimes, however, the form or the precise words of the notice are material under
must be alleged. For
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

·ex., where the plaintiff claims to have determined the monthly tenancy by 15 days
notice to quit the

pleading should state "On 14th Jan. dated, the plaintiff served upon the defendant a
written notice calling

upon him to vacate the house and deliver up possession to him on the expiry of
January the 31st In such

cases the precise form and words of the notice are material and must therefore be
clearly stated in the

pleading.

(2) Implied Contract: Order VI Rule 12 states that wherever any contract or any
rotation between any

persons is to be implied from a series of letter or circumstances, it shall be


sufficient to allege such contract

11

or relation as a fact, and to refer generally to such letters conversations or


circumstances without setting

them out in detail. And if in such case the person pleading desires to rely in the
alternative upon more

contracts or relations than one as to be implied form such circumstances he may


state the same in the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

alternative. The reason for this rule is that what is really material is the effect of the
letter or conversation etc.

which are only a part of evidence. Take the case of carrier's contract. The moment
the goods are accepted

to be carried to a particular destination and the receipt is issued, there is an implied


contract, and the receipt

for the goods is an evidence of the contract. In this case, it would be sufficient to
plead the implied contract

by making a reference to the receipt issued. The evidence of the receipt and other
matters will come up

later. If any contract is to be inferred from letters, the dates of the letters must be
given.

(3) Presumptions of Law: Order VI Rule 13 states that neither party need in any
pleading allege any

matter of fact which the law presumes in this favour or as to which the burden of
proof lies up on the other

side unless the same has first been specially denied.

(4) Form of Pleading: And now we come the last fundamental rule of pleading.
This rule is that the material

rule is that the material facts should be stated in the pleading in a concise form but
with precision and

certainty the pleading shall be divided into paragraphs, numbered consecutively.


Dates, sums and
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

numbers shall be expressed in figure (order VI Rule 2). What this rules means is
that the pleading should be

brief and to the point. At the same time, there should be precision and clarity.
There should be no obscurity

or vagueness or ambiguity of any sort otherwise the very perpose of pleading will
be defeated. Another

point to remember is that no doubt brevity and conciseness are the rule, but brevity
should not be at the cost

of precision or clarity. Thus where brevity and precision cannot be achieved


without clarity, prolixity in

pleading would be justified. If the facts stated in the pleading are all material, then
they all must be alleged

not with standing the prolixity that might cause.

In order to bring precision, conciseness and clarity, a lawyer should have a good
command over the

language and grammatical structure, and should know the exact meaning of the
words. Longer and

complex sentence which is likely to become ambiguous should be avoided.

The following points should be kept in mind while drafting a pleading: -

a) The names of persons and places should be accurately given and correctly spelt;
spellings adopted

at one place should be followed throughout the pleading;


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

b) Pronouns like "he" "she" or "that" shout be avoided if possible. Anyway such
pronouns when used

should clearly denote the person or the thing to whom such pronouns refer.

c) The plaintiff and the defendant should be referred not only by their names. It is
better to use the word

"plaintiff' or "defendant".

d) Things should be mentioned by their correct names and the description of such
things should be

adhered to throughout. For ex., if a piece of land has been referred to as a "garden
with trees" it

should not be described later as "a land with trees".

e) Where an action is founded on some statute, the exact language of the statute
should be used. For

ex., where a policy provides that "it shall become void, if the assured died by his
own hand", then in

the pleading it should be stated that "the assured died by his own hand", and not
such language as

"the assured committed suicide" or that "he killed or shot himself'.

12

f) In any pleading, the use of "if', "but" and "that" should be, as far as possible,
avoided. Such words
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

tend to take away the "certainty" and can cause ambiguity.

g) Necessary particulars of all facts should be given in the pleading. If such


particulars are quite

lengthy, then they can be given in the attached schedule, and a clear reference
made in the

pleading. For example, in an action for special damages, it may be stated in the
body of the pleading

that the details of special damages are given in the attached schedule.

h) Pleading should be divided into paragraphs and such paragraphs should be


numbered

consecutively. The division of the pleading into paragraphs should be so done as to


endure that

each paragraph deals with one fact. At the same time, the entire pleading should
appears a running

and willknit matter, must not look like isolated fact placed together. Inter-relations
ships of

paragraphs must seem to exist.

i) Very often, pleadings are full of repetitions. Such a tendency makes the
pleadings not only lengthy,

but also results in confusion.

Pleading Must be Signed: Order VI Rule 14 makes it obligatory that the pleading
shall be signed by the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

party and his pleader (if any). Provided that where a party pleading is by reason of
absence or for ad cause,

unable to sign the pleading, it may be signed by any person duly athorized by him
to same or to sue or

defend on his behalf.

The main purpose of this rule is to prevent any possible denial by any party that he
did not authorize the

proceedings. Thus even if pleader produces the vakalat-nama duty authorizing him
to fie t or defend the

suit, the signature of the pleader alone would not do. The pleading must bear the
signature or thumb

impression or any other identification mark of the party concerned. The only
exception the party is unable to

sign by reason of absence or any other good cause. Mere absence would sufficient;
"absence" in this

context means such as would not enable the party to be present. Where the party is
unable to sing the

pleading as aforesaid, then a person duly authorised by such a 1st append his
signature to the pleading.

Such authority to sue or defend must be produced before the court

Verification of Pleading: Order VI Rule 15, states every pleading shall be verified
at the foot by the by any
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

of the parties pleading or by some other person proved to the satisfaction of the
court to ainted with the facts

of the case. The person verifying shall specify, by reference to the numbered
paragraphs of the pleading

what he verifies of his own knowledge and what he verified upon on received and
believed to be true. The

verification shall be signed by the person making it and te the date on which and
the place at which it was

signed. The aim of verification is only to fix :msibility of the statements made in
the pleading upon same one

before the cant proceeds to adjudicate upon them.

A person making a false verification is liable to be punished under the Indian Penal
Code, as making a false

statement is by itself an offence. Therefore the responsibility of verifications is


very great and its

significance and the consequences thereof must be realized.

After the signature to the pleading some space may be left out and them
verification should begin.

Verification:

I…….. (Name), son of Shri................... (Father's name) verify that the contents of
paragraphs alone to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

13

…………… Of the above plaint are true within my personal knowledge and that
the contents of paras

……….. (mention the paras by their number in the pleading) are believed to be
correct upon information

received and believed to be true.

Verified at ……….(Place) on this ………….. (Date) day of month/years.

Sd/- (Party)

Any defective verification is not fatal to the suit, nor can the court dismiss any suit
on that ground alone this

applies to both the plaint and the written statement. However, any defect in the
verification can be cured by

way of amendment, and when it is done, the plaint is deemed to have been
presented on the same date as

the original date of the initial pleading. This does not, and should not, minimize the
importance of

verification is defective, then not with standing the fact that the defect can be
removed at ant stage of defect

can cause considerable delay in the adjudication. Therefore it is incumbent upon


the parties to pay due care

to the verification part in the same manner as they would normally to pay the main
pleadings.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

In the code of civil procedure, it is laid down that particulars must be stated with
respect to fraud, breach

willful default or undue influence if pleaded. In other cases, when more particulars
than are exemplified in

the forms on Appendix A of CPC are necessary, they are to be stated, dates when
necessary should always

be given. Pleas should be definitely mentioned so that they can be properly


identified. Particulars of the

property about which a claim is made should be clearly given. In a suit for money,
particular of the account

by which the amount claimed has been arrived at should be given. Fraud should
pleaded with the greatest

possible care and party pleading it must fully realise his responsibility for doing so.
The proper way of

pleading fraud is to set out all the facts and representations alleged to be frivolous
in their full details and

then to state that whether the representations were in oral or in writing. If oral, the
substance of such

representations should be given alleging the data and place when and where they
were made and the and

the person by whom they were made it they were in writing, the document or
documents containing them
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

should be clearly identified in the particulars. The changes of fraud must be


substantially proved as alleged

and when one kind of fraud is changed, another kind of fraud cannot, upon failure
of its proof be substituted

for it, nor it is proper for an appellate court to entertain a case of fraud other than
the one specifically alleged

in the pleading.

b) Pleading

CIVIL

PLAINT: Particulars to be contained in plaint provided under order VII, Rule 1.


According to this rule the

plaint shall contain the following particulars.

a) The name of the court in which the suit is brought; for ex.

"in the court of District Judge al N. Delhi" when the suit is to be filed before the
district judge,

The number, of the suit has to be noted in the following line titled "suit No- of
2009".

b) Next to the heading the name, description and place of residence of the plaintiff,

c) The name, description and place of residence of the defendant, so far as they can
be ascertained;

d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a


statement to that
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

effect,

e) The facts constituting the cause of action and when it arose,;

14

f) The facts showing that the court has jurisdiction;

g) The relief which the plaintiff claims;

h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim,
the amount 50 allowed

or relinquished, and

(i) A statement of the value of the subject matter of the suit for the purpose of
jurisdiction and of courtfees,

so far as the case admits.

Plaint Structure

Name of the court in which the suit is filed indicated at the top of the first page.

Just below the name of the court, a space should left for the number of the suit.

Therefore the names of the parties to the suit with all necessary particulars should
be given. For ex.:

AS s/o CD aged…………yrs.

Resident of.............................................. plaintiff

Versus
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

MN, s/o OP aged ……….Yrs.

Resident of …………………. Defendant

If there are more plaintiff or defendant than the names of all plaintiffs/and
defendant should be given in

plaint as plaintiff No. 1/defendant NO.1 and so on.

After the names of the parties the title of the suit should be given for ex. "suit for
specific performance

and damages".

Or

"Suit for Recovery of money"

Or

"Suit for damages for malicious prosecution"

Or

"Petition for Judicial Separation 4/s 9 of the Hindu Marriage Act 1955"

Then follows the body of the suit/plaint all paragraphs should be numbered
consecutively. The body of the

plant consists of two parts (1) substantive part (2) formal part.

(1) Substantive parts of the plaint consist of the portion of the plaint in which a
statement of all facts

constituting the cause of action for the suit has to be stated. Those facts shall
consist of such particulars as
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

are necessary to state to obtain "the relied in the suit. The plaintiff seeking relief
for district claims or causes

of action founded upon separate and district grounds shall state all of them
distinctly and separately as far

as possible.

(2) Formal part of the plaint shall state the following essential particulars:

(i) date when the cause of action arose,

15

(ii) Statement showing that the court has jurisdiction;

(iii) Statement of the value of the suit for the purpose of jurisdiction and court fees
and it

should be stated that the necessary count fee has been affixed/paid.

(iv) When a suit is filed after the expiry the period of limitation a statement
showing the ground or

grounds on which he has claimed exemption from limitation.

(v) Every relief sought for by the plaintiff should be accurately worded. The
plaintiff can claim

more then one relief, in the suit. He can seek reliefs alternatively. If the plaintiff
can seek
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

more than one relief on the same cause of action he must seek all. If he omits to
seek a relief

in the suit his subsequent suit for such relief omitted would be barred under order
2. Rule 2

CPC unless he has obtained leave in the earlier suit to file a fresh suit on the said
relief

omitted.

Signature of the plaintiff along with the signature of the advocate.

At the foot of the pleading, the plaintiff should /or anyone else, who is acquainted
with the facts of the case,

should make verification.

Affidavit should also be enclosed with plaint as provided under CPC order 6 Rule
15 (4).

All documents on which the plaintiff relies for his claim should be enclosed with a
separate Iist of documents

according to order 7 Rule 14 (1) CPC 1908.

Name, Description and place of Residence of parties in plaint and written


statement when the

plaintiff or defendant is:

1) Individual person - AB, son of………….. Resi of…………..

2) Proprietary concern -AB, song …………. Resi. of ………….proprietor of


MIs XYZ and carrying on
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

business at ………….

3) Partnership firm - MIs XYZ, a partnership firm registered under the Indian
partnership Act. with its

principal place of business at ………….

4) A company - MIs XYZ, Pvt. Ltd. A company incorporated under the companies
Act having its

registered officiate………….

5) Company in Liquidation - MIs XYZ Ltd. In liquidation through liquidator Mr.


ABC having office at

………….

6) Statutory Corporation - The life insurance corporation of India established and


constituted under

the life Insurance Act, having its registered office at ………….

7) Municipality – Municipal corporation of Delhi through its chairman, town hall,


delhi.

8) Minor - AB, son of …………., a minor through his father and natural guardian
CD son of ………….

16

Resi. of ………….
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

9) Person, of unsound mind: AB son of …………. resi of a person of unsound


mind through his

guardian next friend CD son of …………. Resident of ………….

10) Government of India: The Union of India, through secy. Ministry of


education, New Delhi.

11) Any Government: State of Bihar through is Secretary, Patna.

12) Cooperative Society: MIs. XYZ Ltd. A cooperative Society registered under
the Delhi co- operative

societies Act, having its office at ………….

(ii) Written Statement (Order VII) C.P.C.

A written statement is required to be filed by the defendant in answer to the claim


made by the plaintiff in his

plaintiff, which is delivered to the defendant along with the summons to attend at
the first hearing of the suit.

The number of the suit is noted in the summons.

Before drafting a written statement, one should verify the provisions set out for
drafting a plaint under order

VI of CPC. Examine whether the suit is barred under order II Rule 2 CPC,
carefully study the material facts

and the documents referred to in the plaint, check whether the documents are duly
stamped, see that the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

material facts are specifically denied. Study order VIII, CPC, make sure set-off or
a counter-claim to be

pleaded or not. Verify also whether the claim is barred under principles of res
judicata.

In the written statement, the defendant should mention at the top the name of the
judge or court, trying the

suit. Next, the name of the parties first named are mentioned, as it is not necessary
to mention the names,

description and place of residence of all the parties in the title of the written
statement.

The answering defendant thereupon replies to each Para of the plaint, unless there
is some preliminary

objection, the consideration of which is necessary in the first instance before the
suit is tried on the merits of

the case. Objections relating to the maintainability of the suit, locus standi of the
plaintiff to file the suit, the

non-joinder or mis-joinder of parties as to the jurisdiction of the court or as to


limitation may: be included in

the preliminary objection. Similarly, objections relating to court fees paid or


valuation of the suit for process

of jurisdiction are taken up in the first instance,

The defendant may have additional facts to be stated which do not find and
appropriate place in reply to the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

assertions made by the plaintiff in his plaint such additional facts or pleas maybe
added in the written

statement as additional pleas.

The filing of a written statement by any defendant, whether it is a Government or


not a Government,

whether it is an ordinary person or a statutory body a corporation or any body else,


is covered by the same

provision, namely, order VIII, Rule 1.there is no other provision dealing with the
filing of a written statement.

It shall not be sufficient for a defendant in his written statement to deny generally
the grounds alleged by the

plaintiff, but the defendant must deal specifically with each allegation of fact of
which he does not admit the

truth except damages. Every allegation of fact in this plaint, if not denied
specifically of by' necessary

implication, or stated to be not admitted in the pleading of the defendant, shall be


taken to be admitted.

The pleading 'not know' is not tantamount to the pleading 'not admitted'. So also
the plea of no knowledge'

of fact pleaded in the plaint is not tantamount to a 'denial' of the existence of those
facts and does not even

amount to an implied denial according to order VIII, Rule 3 or Rule 5.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

WRITTEN STATEMENTS

Effect of non-filing of the Written Statement: If a defendant did not file his
written statement it could not

be said that he admitted all the facts pleaded by the plaintiff. The position in law,
in cases where the

defendant has not filed written statement is that even without filing a written
statement; the defendant can

take part in the hearing of the suit. He may cross-examine the plaintiff's witness to
demolish their version in

examination in chief, without written statement. However, he cannot be permitted


to crossexamine the

witnesses on questions of fact with he himself has not pleaded nor can he be
allowed to adduce evidence

on question of facts which have not been pleaded by him by filing any written
statement (Chunni Lal

Chawdhary V. Bank of Baroda, 1981 Sri L. J. 411)

Rules of proceedings are intended to be a hand-maid to the administration of


justice and a party cannot be

refused just relief merely because of some mistake negligence, inadvertence of


even in fraction of the rules

of procedure. The court always gives leave to amend the pleading of a party, unless
it is satisfied that the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

party supplying was acting malafied or that by his blunder, he had caused injury to
his opponent which may

not be compensated for by an order of costs. A defendant can be allowed to amend


the written statement to

enable him to raise an additional ground of defence if the additional grounds not
inconsistent with original

case setup by him in the written statement and arises out of the case put forward by
the plaintiff and does

not change the nature of defendant's own sand. If the amendment is likely to
resolve the real controversy

between the parties it should be allowed and it is not open for court to decide at
that stage whether person

seeking amendment will ultimately succeed in the plea or not.

Absence of Plea in Written Statement: Where a claim has never been made in
the defence, no amount of

evidence can be looked into upon a plea which was never put forward.

In the case of Gita Rani Paul V, Dibyendra kumar (AIR 1991 SC 393) The
Supreme Court reversed the

decision of the Calcutta High court and held that the High Court fell into an error
in accepting the appeal on

an issue which was neither raised nor ergued before the court below.

(III) Interlocutory applications (IA)


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Interlocutory applications or interim application are filed during the pendency or


course of litigation. Such

applications should be drafted with the same care as pleadings. Like pleading the
lA's should be both

precise as well as brief and devoid of irrelevant matters.

Drafting of Interlocutory Application: The grounds on which application is moved


should to the extent

possible be stated in the words of the law under which the application is fitted. For
ex., in an application for

setting aside an expert decree against the defendant, the defendant should say that
"the summons was not

duly served" or that "the defendant was prevented by any sufficient cause from
appearing when the suit

was called on for the hearing". It is not advisable to employ a language different
from the law under which

the application is made.

Like a plaint every application should have a heading and a title. The name of the
Court should be given at

the top and thereafter should follow the name of the applicant and the opposite
party. When the . application

is moved in connection with a suit or proceeding, the number and the cause title of
that suit or proceeding
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

alone should be given after the name of the court.

The body of the application should be either in the form of petition:

"The humble application of the plaintiff in the above mentioned suit, respectfully
submits as follows' or it

may be written like plaint. "Application for restituting under section 144, CPC by
the defendant in the above

mentioned suit

The applicant humbly begs to submit as follows:

It is not absolutely necessary that the law under which the application is filed
should be given.

Like pleadings facts in the application should be stated in brief and concise
language. The application

should be divided into paragraphs and one paragraph as far as possible should
narrate one allegation

except where two or more allegations are so connected with each other that it is
better to give them in one

paragraph. With some application affidavits are filed and if in such cases the facts
are too long things need

not be narrated in the application. They should only be narrated in the affidavit and
in such cases the

application should be worded in some such form:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

"For the reasons above in the annexed affidavit, the applicant prays that etc".

The application should end with a prayer. The payer should be in the following
form:

"The applicant! Plaintiff! Defendant, therefore prays": etc.

After prayer, should follow the signature of the applicant where law requires the
verification, the application

should also be verified.

Examples of Interlocutory Applications Provided under CPC

a) Application under order 6 Rule 17 CPC for amendment,

b) Application under section 95 CPC for compensation for arrest or attachment


before judgment on

insufficient grounds.

c) Application under sec. 144 for restitution.

d) Application under sec. 151.

e) Application under sec. 152 for amendment of judgments, decrees or orders,

f) Application under order IX Rule4 for setting aside an order dismissing a suit for
default of the

parties,

g) Application under order IX Rule 9 CPC for setting aside and order dismissing a
suit for plaintiff's

default,
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

h) Application under order IX Rule I, for leave to deliver interrogatories,

i) Objections under sec. 47 or sec.60.

j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order
XXI, Rule 98,

k) Substitution applications under order XXII CPC.

l) Application under order XXVIII Rule 1 or Rule 5,

m) Applications under order XXIX. For an interim injunctions, application under


order XL, for

appointment of receiver,

n) Application under order XLVII for review.

(iv) ORIGINAL PETITION

Petitions. or suits are interchangeable terms. However, in practice, the words


'petitions' and 'suits' are

generally used to mean formal applications for seeking legal remedy. Suit of a civil
nature is ordinarily tried

in civil court. Every person has a right to bring a suit of a civil nature and civil
court has jurisdiction to try an

the suits 01a civil nature. Due to increasing litigation and delays in civil suits,
parliament and state
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

legislative created special courts and Tribunals with special enactments. The
reason behind this exercise is

for speedy disposal of cases of various types. For ex. Cases of ejectment in respect
of urban buildings

between the land lord and tenant are now dealt with by special courts created under
various state

legislations. Railway accidents claims are decided by railway claim Tribunals,


claims by Industrial woken

for payment of wages are entrusted to prescribed authorities. So is the case with the
workman's

compensation claims. In some states and in center also service tribunal have been
created for adjudication

of cases of public servants in disputes arising out of their employment, including


dismissal, terminator of

service, etc. At many places family courts have been established to deal with
matrimonial disputes.

In such cases which are dealt with by special courts under special enactments the
party aggrieved

expected to approach such special courts or tribunal and the jurisdiction of the civil
courts under sec. 9 CPC

is barred. These tribunals are given various powers of a civil court while trying a
suit under CPC through
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

they are not regular civil courts. Very often the presiding officer of these tribunals
courts are also presiding

officer, of regular civil courts for ex. In family courts and Motor Vehicle Tribunal.

The provisions of the CPC do not as such necessarily apply to proceedings before
these tribunals although

proceedings are civil in nature. To what extent provisions of the CPC are applied to
a particular civil

proceeding depends on the statute under which the tribunal is created.

The fundamental rule of pleadings mentioned in the part I of this study material are
broadly applicable even

to civil proceedings, though because of the relatively summary nature of those


proceedings the same rules

may not apply in their full rigors. In may case the proceedings are commenced not
through -Plaint" but

through "petition".

Even though the fundamental rule should apply to a petition also, yet it is
necessary for the pleader to study

the statutory provisions carefully so that a blind adherence to the provisions of


CPC may not land him in

difficultly. For ex., Order 30, Rule I, permits a partnership firm to sue or to be sued
in the name of the name of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the firm. If the CPC has been applied as a whole to such civil proceedings, then of
course, order 30 Rule 1

would also apply, but if the statute is silent on this point, then it would be
necessary for all the partners the

firm to sue or to be sued jointly in their individual names, instead of in the name of
the firm. Like wise in

respect of a claim petition before a service tribunal it may be necessary to implied


the appointing authority of

the public servant. In a suit before the civil court it is the Union of India or the state
concerned which is

required to be sued vide Art, 300 of the constitution of India. The appointing
authority may be an authority

subordinate to the Government but in a civil court it is not necessary or proper to


impaled such and authority

as defendant. These points of difference should be kept in mind while drafting


pleading in such civil

proceedings.

Special Enactments

(1) Hindu Marriage Act. 1955

(2) Administrative Tribunals Act. 1988

(3) Consumer Projection Act. 1986


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(4) Arbitration and Conciliation Act. 1996

(5) Motor Vehicle Act. 1988

(6) Indian Succession Act.

(7) Guardians and Wards Act, 1890

(8) Companies Act. 1956

Form of petitions under special Enactments

SAMPLE FORM

In the Central/Sate Administrative Tribunal…

Between

AB Applicant …………….

And

State of ……………….represented by the concerned officer (depending on


whether the applicant is a

Central/ Govt. or a State Govt. servant). Respondant

Details of Application

1. Particulars of the applicant:

1) Name of the applicant.

2) Father's name of the applicant.

3) Designation of service and particulars of applicant's office.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

4) Office address of the applicant.

5) Address for service of all notices and processes.

2. Particulars of the Respondent :

(i) Designation of the Officer who passed the order challenged.

(ii) Office address of the respondent.

(iii) Address for service of all processes and notice

3. Particulars of the Order Against Which Application is Made:

(i) Disclose all references.

(ii) Date of the order.

(iii) Designation of the Officer who made the order.

(iv) Subject in brief (dismissal).

4. Jurisdiction of the Tribunal: the applicant declares that subject-matter of the


order against which he seeks relief prayed for is within the jurisdiction of the
Tribunal.

5. Limitation: The State that the application is filed within time prescribed under
Section 21 of the

Administrative Tribunals Act, 1985. It is beyond period of limitation set out


grounds to condone the

delay.

6. Facts of the Case: (set out in brief).


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

7. Relief Sought: (set out the same)

8. Interim Order: (If necessary, plead for the same)

9. Details of Remedies Exhausted: This requires careful study of service rules


(central or State)

and State that the venues provided for in the rules has been approached and
exhausted.

10. Matter not Pending with any Other Court: The applicant further declares
that the subject

matter of this application is not pending in any court of law or any other authority
or any other bench

of the Tribunal.

11. Particulars of Bank Draft: A Bank Draft No ……………. or a sum of Rs.


501- in respect of the

application fee drawn on State Bank of India is herewith enclosed.

12. Details of India: An index in duplicate containing the details of the documents
to be relied on is

enclosed as A-1.

13. List of Enclosures: A list of enclosures is annexed as A2.

In the Railway Claims Tribunal- Madras Bench

Application No. O.C. No . of 19…………….

... .. . ..... Applicant.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Versus

Union of India, owning Southern Railway,

Represented by is General Manager …………… Respondent.

PART II

SL. No. Description of Documents Attached Page No.

1. Application dated 1 & 4

2. Open Delivery I partial delivery Certificate dated 5

3. Claim Under Section 106 of Railways Act dated 6

4. Repudiation letter dated 7

5. Pattial dated 8

Date……………..

Place: Madras Applicant

Date of filing …………….

Registration No ………….

_____________

Before the District Consumer Disputes Redressed

Forum, Madras
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

O.P. No……………………………… of 1994

Mrs. Rhino Banu (alias)

Rahan Banu Complainant.

Versus

N. Pankajavali Opposite-party.

Petition filed under Section 12 & 13 of the

Consumer Protection Act

The Complainant above named states as follow:

1. The Complainant is the wife Mohammed Madhinulla Sheriff, Muslim, aged


about. years, residing at

Plot No. 65 (Door No.4) Thanikachala Nagar, madras-600 110.

The address for service of all notices and processes on the complainant is hat of her
Counsel.

2. The Opposite party is the wife of Late RS. Vishwanathan, Hindu, aged abut
………….years,

residing at No. 10, Eswaran Koil Street, Erukkancherry, madras-600 051.

3. The Complainant states that at Madras on 28.1.1993, she entered into and
agreement of Sale with

the Opposite Party I and by which, the Opposite Party agreed to sell a piece of
vacant land bearing
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Plot No. 164 Thankachala Nagar, Madras-600 100 in Lay-out plan L.A. 26/1970
comprised in S No.

11801 1 and 1180/2 situate at No. 34, Madhavarem Village, Saidapet Taluk,
Chingleput District

measuring about 2400 sq. ft. with a building thereon and more fully described in
the Schedule

hereunder, for a sum of Rs. 3,40,0001-. The Complainant states that at the time of
execution of the

aforesaid Sale Agreement, the building was incomplete and unfinished. It was,
therefore, agreed

between the parties hereto that opposite party shall complete the parties hereto that
the Opposite

Party Shall complete the incomplete building. In fact, under Clause IV of the
Agreement, the items of

the work to be completed before the registration of the Sale Deed, are:

i. Front Compound Wall - 40 feet.

ii. Other three sides fencing of the compound wall with R. C.C. Pillars 2' 5"
chaining mesh.

iii. O/H water Tank and Plumbing work with PVC pipes and fittings, and

iv. Well platform.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

It was further agreed that the sale be completed within 3 month after the
completion of the aforesaid four

works.

4. The Complainant states that the property to be conveyed was mortgaged by the
opposite

party with MIS Perambur Co- operative Bulding Society under a registered
Mortgaged Deed

dated 5.5.1992 (Document No. 2564/1992). Since there was pressure from the said
society for

payment of the mortgaged amount, the opposite party requested and insisted on the

complainant to complete the registration of the Sale Deed even before the
completion of the

aforesaid work. The Complainant states that due to the pressure given by the
opposite party,

she had to register the Sale Deed for the value of the land and the incomplete
building that was

in existence in the date of registration for a s um of Rs. 1,80,0001-. In addition, as


per the terms

of the sale agreement dated 28.01.1993, the complainant paid a further sum of Rs.
1,60,0001-

to the Opposite party for the completion of incomplete and unfinished items of
work referred to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

supra.

5. The complainant states that the Opposite party fails to keep up her promise and
did not take

any steps to commence and complete the work of the unfinished items of work,
despite receipt

of the entire amounted sale consideration. The complainant issued a lawyer's notice

dated18.06.1994, calling upon the opposite Party either to complete the unfinished
items of

work as agreed or to return the sum of Rs. 1,60,0001- paid by her for such work.
The aid notice

was acknowledged by the Opposite party on 22.06.1994 but did not care to send
any reply.

Hence, the complainant has filed present petition.

6. The complainant, therefore, states that a Consumer Disputes has arisen on


account of the

negligence and deficiency in service of the Opposite party, viz. the failure to
complete the

incomplete and unfinished items of work referred to supra even after receiving Rs.
1,60,0001-

for that purpose and also the failure to return the said sum of Rs. 1,60,0001-. The
complainant
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

states that on account of the negligence and deficiency in service of the opposite
party, she is

not in a position to put the property to any profitable use and thereby she suffered
heavy loss

besides suffering mental agony and strain.

7. The complainant, therefore, prays that this forum may be pleased to:

a) Direct the Opposite Party to return the sum of Rs. 1,60,0001- paid by the
complainant and a

liquidated damages of Rs. 20,0001- in all totaling Rs. 1 ,80,000/-.

b) Direct the Opposite party to pay the complementation of a sum of Rs. 75,0001-
for the

mental agony and strain suffered by the complainant;

c) To punish the Opposite party in accordance with the provisions of the Act; and

d) To pass such further of other orders as this Hon'ble Forum may deem fit and
proper in the

circumstances of the case and thus render justice.

Dated at madras this the …………….day of July, 1994.

Counsel for complaint complainant.

Verification
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

I, Mrs, Ryhana Banu alias Rahan Banu, the complainant above named, do hereby
verity that what is stated

above is true to my knowledge and belief.

Dated at Madras this the ………….day of July, 1994.

Complainant.

Before the motor Accidents Claims tribunal Madras

O.P. No. …………………………………….. of 19

Petitioners

Versus

Respondents.

Petition under section 166 of MV Actand Rule 30f M.A.C.T. Rules.

Necessary particulars in respect of i'njuredl deceased vehicle given below:

1) Name and Father's name of the person injured deceased:

2) Full address of the person injured 1 deceased:

3) Age of the person injured Ideceases:

4) Occupation of the person injured 1 deceased:

5) Name and address of the employer of any of the injured 1 deceased:

6) Monthly income of the person injured 1 deceased:

7) Does the person in respect of whom compensation is claimed pay income tax? If
so state the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

amount of income tax (to be supported y documentary evidence).

8) Place, date and time of the accident:

9) Name and address of the police station in whose jurisdiction the accident took
place or was

registered:

10) Whether the person in respect of whom compensations claimed traveling by


the vehicle involved in

the accident, if so, give names of starting of journey and destination:

11) Nature of injuries sustained:

(a). Details of the damage caused to the property on account of the accident:

12) Name and address of the Medical Officer practitioner if any who attended on
the injured/ deceased:

13) Period of treatmen5t and expenditure if any, incurred thereon:

(a). Disability for work if any caused:

14) Registration number and type of he vehicle:

15) Name and address of the owner of the vehicle:

16) Name and address of the insurer:

(a). Name and address of the driver in-charge of the vehicle at the time of accident:

17) Has many claim been lodged with the owner insurer, if so, with what result:
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

18) Name and address of the applicant:

19) Nature of relationship with deceased:

20) Title to the property of the decease:

21) Amount of compensation claimed:

(a). Particulars of the loss and expenses:

PART I

a. Loss earning from …………… to ……………

b. Partial loss of earning from ……………to ……………

c. At the net rate of Rs.

d. Transport to hospital …………… a day week.

e. Extra nourishment:

f. Damage to clothing and articles:

g. Others:

PART II

h. Compensation for pain and suffering:

i. Compensation for continuing or permanent disability, if any:

j. Compensation for the loss of earning power: ……………Total Rs. ……………


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

22) Where the application is not made within six months of the occurrence of the
accident the cause

thereof;

a. (i) Where the injured / deceased has been involved in any other Road accident
earlier (in case he

was, state details).

(ii) Whether the injured / deceased has been preferred a claim from damage if any,
on vehicle and if

so how?

(iii) Whether the injured! deceased was related to or has known the owner of he
vehicle and if so

how?

23) Any other information that may be necessary or helpful in the disposal of this
Claim here furnish a

brief account of how the accident occurred and state how the applicant so entitled
to claim

compensation and how the Respondents are liable to any compensation claimed.

(a). To state how the respondents are liable to pay compensation to the petitioner.

Verification

I do hereby solemnly declare that the facts and particulars stated above are true and
correct to the best of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

my! knowledge and that I/We have not claimed or obtained any compensation on
under the Workmen's

Compensation Act of 1923, so far as this case is examined. Petition under Article
226 of the Constitution of India for Issue of a Writ of Prohibition The
petitioner

above named states as under :

11. That he was appointed as Sub-Inspector of Police in the State ………….. of


…………..

on …………..

12. That he served the State in various capacities, to wit as ………….. in


…………..

at………….. and ………….. as ………….. in ………….. at. …………..

13. That while he was stationed at………….. and serving as ………….. he was
served with a

charge- sheet dated a copy whereof is filed herewith.

14. That enquiry into the said charges was made by respondent No.3 from
…………..

to………….. , who submitted a report dated …………..to respondent No. 2


finding the charges

mentioned in charge-sheet above-mentioned to be proved:

15. that according to Rule ………….. of ………….. the charges aforementioned


could not be
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

enquired into except by an officer of the rank of superintendent of police of


………….. Division or

with the approval of …………..respondent No. 2 of another Division in the State


of …………..

16. That on ………….. the petitioner received notice form respondent No.2 to
show cause why

68

Strictly for Internal Circulation - KCL

he should not be dismissed from service.

17. That the aforesaid enquiry was illegal and ultra vires. Respondent NO.2 had no
jurisdiction

to take into consideration the said enquiry or pass any order on the basis thereof.
The so-called

enquiry was held by person not duly authorized to do so.

18. The holding of a departmental enquiry by a Superintendent of Police is a


condition

precedent, a fact which must exist before respondent No.2 can assume jurisdiction
or authority

for the purpose of passing the final order of dismissal under Rule ………….. of
against the

petitioner.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Here is a case of acting without or in excess of jurisdiction.

19. That in any view of matter here is a case in which there is a substantial error
apparent on the

fact of the record and an error of jurisdiction for the purposes of 'certiorani" or
'prohibition. '

20. It is, therefore, prayed that a writ be issued prohibiting the respondent form
proceeding to

take further action against the petitioner by way of dismissal of the petitioner from
the police

force or doing any other act to the prejudice of the petitioner based on the
purported enquiry and

the findings thereon referred to in the petition.

N. B.: An Affidavit in support of the petition is also herewith.

A B, petitioner

Advocate

Dated ………….. For the petitioner

In the High Court of Judicature at. .

in fe, Article 226 of the Constitution of India

A B (add description and resident)

Versus

(1) C 0 (add description and residence)


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(2) E F, Chairman of the Municipal Board of.. at. .

(3) State of ………….., through Secretary, Local Self-Government.. .

Petition for a writ-of quo warranto and other direction or order

The petitioner above named states as under : .

4) That the Respondent No. 1 was nominated on ………….. by the Respondent


No. 2 under

Section ………….. of………….... Municipalities Act on the occurring of a


vacancy in the

Municipal Board …………..of…………..in respect of a seat to which a member


had to be

nominated.

5) That the respondent No. 1 was a candidate at the previous (19 ) general election
of this

Municipal Board and had failed in getting elected.

69

6) That under the proviso to Section ………….. of………….. Multiple Actr.19


………….. a

person who had stood as a candidate at the previous general election and had not
been elected

could not be nominated to the Board.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

7) That the respondent No. 1 was in contravention of the provisos of law and his
membership

of the Board is, therefore, invalid.

8) That the petitioner is a resident within the Municipality of ………….. and is a


voter at No

………….. .in ………….. Ward No …………..of the said Municipality.

9) In the circumstances, it is prayed that a writ of quo warrant to be issued


declaring that the

nomination of respondent No. 1 is not entitled to hold the office of a member


thereof and

directing him not to exercise or use the rights, liberties and privileges in respect of
the office of

the member of the Municipal Board of …………..

N. B.: An Affidavit in support of the petition is filed herewith.

Dated A B, Petitioner

Advocate

For the petitioner

CRIMINAL

(I) COMPLAINT: Cases relating to crimes are triable by the Criminal courts of
which the fir court is that of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

judicial or Metropolitan Magistrate Ordinary and simple crimes are tribal by


Metropolita Magistrates, while

the serious ones are initially investigated and then sent up to the sessions courts
trial. The schedule

appended to the code of Criminal procedure gives and provides a list of crimes and
offences tribal by

Metropolitan Magistrate and by the count of sessions.

What the students have to remember is that in cases of a serious nature where the
police take cognizance

of the case, it is the police which takes over the task of prosecuting the accused and
leads evidence to

establish the guilt of such. persons.

In the cases of defamation, malicious prosecution complaints are generally taken


up by the private

individuals on their own expenses;

Generally the formate used in all such complaints is similar because the complaint,
whatever it nature, has

to be filed before the Metropolitan Magistrate of the Area/District.

Normally a criminal case begins with the filling of an F.I.R. with the police station
of the area and if there is a

serious case, fatal! serious injury/ rape etc. the victim (s) have to undergo medical
examination in order to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

establish the nature of the injury and the real cause of the injury (death) etc.
thereafter the prosecution

completes the investigation and puts the accused on trial. Students are advised to
read the CR. P. C. of the

author for further commentary.

There are certain private complaints which may be taken direct to the Metropolitan
Magistrate with or

without the participation of the police. However the complainant must have
reported the nature and the

facts of the case to the local police and must have obtained a receipt thereof which
must from a part of the

complaint.

Hints on Drafting a Complaint : while drafting a complaint everyone should,


remember the "Ten

commandants" :-

1. Be brief,

2. Be positive,

3. Be precise,

4. Be relevant,

5. Plead fact and not evidence,

6. Plead fact not low,


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

7. Do not plead what the low or the court takes for granted or what the other side
has got to prove.

8. Give particulars of fraud etc.

9. Do not change your terminology and do not use fine language or words that you
do not understand.

10. Do not use the passive voice participle, phrases, pronouns or any sort of
ambiguity.

Form of Complaint: No specia1 form as such is provided by law. The minimum


requirements of a

complaint are:

i. It must be addressed to a Magistrate;

ii. Stating facts which fulfill the ingredients to the offence complained of,

iii. And praying for action against the offender for punishment.

Apart from the other legal requirement, in practice the complaints are drafted in the
following manner, and it

should state;

a. Name of the court in which the complaint is to be lodged;

b. The Criminal case No. of the court

c. The name and description including age, occupation and place of residence of
the complainant.

d. Then "versus" or "vs".


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

e. The name or names of the accused with his address.

f. The heading of· the complaint showing the section or section constituting the
offences and

prescribing punishment therefore.

g. The body or the substance of complaint. It is usually commenced in anyone of


the following

manners:

i. The complaint begs to state as follows:

ii. May it please the complainant above named begs to state on oath or solemn
affirmation as

follows:

iii. The complainant above named;

iv. The prayer,

v. The place and date;

vi. Lastly the signature or the thumb mark of the complainant.

vii. The list of witnesses to be examined.

While giving the substance of the offence in the main body of the complainant,
care should be taken to see

that all the ingredients of the offences are complied with and incorporated without
any exaggeration. It is
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

advisable to avoid, as far as practicable, the details and circumstances of the


commission of offence which

consequently widen the scope of the cross-examination.

To entitle a magistrate to take cognizance there should not, only a complaint,


which means allegation of

commission of offence, but it must contain facts which constitute the offence. The
basic facts and materials

should be pleaded on which the allegation is founded are required to be stated.


Factual details or evidential

details need not be however incorporated in the complaint, but it must contain the
path and substance of

primary facts on the basic if which the allegation of the commission of on offence
is being made.

Taking cognizance of an offence is the first and foremost step towards trial. The
code of Criminal procedure

has not defined the expression "cognizance of an offence" or "taking cognizance of


an offence". Literally

meaning of cognizance is knowledge or notice and taking cognizance of offence


means taking notice, or

becoming aware of the alleged commission of an offence. The judicial officer wit
have to take cognizance of

the offence before he could proceed to conduct a trial. Taking cognizance does not
involve any formal
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

action or indeed action of any kind but occurs as seen as a magistrate as such
applies his mind to the

suspected commission of an offence for the purpose of proceeding to take


.IbIBtIIl8Rtsteps (under sec.200,

or section 202, 204) towards inquiry or trial. It includes intention of illi.1'I9 a


judicial proceeding against an

offender in respect of an offence or taking steps to see whether there is a basis for
initiating Judicial

proceeding.

When a magistrate applies his mind not for the purpose of proceeding as
mentioned above, but for taking

action of some other kind, that is ordering investigation under sec. 156 (3), or
issuing a search warrant for

the purpose of investigation, he cannot be said to have taken cognizance of the


offence.

A magistrate can take cognizance of an offence only within the time limits
prescribed by law for this purpose

(sec. 467 - 473) the accused is entitled to raise on objection to the maintainability
of the complaint either on

the ground of limitation or of jurisdiction or any other analogous ground. It is


desirable that such preliminary

points should be raised and decided at the beginning so that the time of the court
could be saved and the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

accused person would also be saved from trouble and unnecessary expend time.

There may be cases in which preliminary points should not be allowed to be raised.
But there are cases

where the objection goes to the very root of the maintainability of the complaint
and in such cases it is not

only permissible but desirable that such objections should be raised at the earliest
opportunity and decided

so that unnecessary waste of time of the court and of the litigant public might be
avoided. An accused

person has a right to raise a preliminary objection to the maintainability of the


complaint and to have it

decided so that he may not be put to the necessity of under going a trial in case he
succeeds on the

preliminary objection.

The complaint is in the nature of an indictment. Therefore averments in a


complaint must be established

and properly proved by evidence. Before anyone can be convicted on charges


formulated in a complaint, all

those charge must be fully and properly proved in accordance with procedure and
the law of evidence

applicable to Criminal charges.

(II) CRIMINAL MISCELLANEOUS PETITION


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

In offences state becomes the party and the accused has to put up his defence. It is
the duty of the

prosecution on behalf of the state to prove the guilt of an accused. In such a


situation the aggrieved party is

not required to institute any petition. It is the responsibility of the state to launch
prosecution against the

criminal who has committed the offences of Criminal nature.

The constitution of India empowers the Supreme Court and the High Courts under
Art. 32 and 226 to

provide remedy to the petition by way of issuing writs the jurisdiction of the High
Court under 226 is in nature

of ordinary original jurisdiction. It empowers every High Court, within its


territorial jurisdiction to issue

directions, orders or writs including writs in nature of habeas corpus etc. for the
enforcement of any of the

fundamental rights as well as "for any other purpose".

By virtue of Art.227 every High Court has superintendence on all courts and
tribunals through out the

territories in relation to which it exercises jurisdiction except those constituted


under any law relating to

armed forces.

The High Court May


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

a) Call for returns from such courts;

b) Make and issue general rules and prescribe forms for regulating the practice and
proceedings of

such courts, and

c) Prescribe form in which books, entries and accounts shall be kept by the officers
of any such courts.

It must be remembered that in exercise of its jurisdiction under 227 High Court
does not act as a court of

appeal. It cannot, therefore, review or reweigh the evidence upon decision. The
supervisory jurisdiction

conferred under Art.227 is limited to seeing that the inferior court or tribunal
functions within limits of its

authority and not to correct any error of law. (Mohd.Yunus V. Mohd. Mustquim
AIR 1984 SC 38, 40)

Under the code of Criminal procedure High Court has also empowered its inherent
jurisdiction, under sec.

482 Under this sec. the High Court may be exercised its inherent powers in a
proper case either to prevent

the abuse of process of any court or to secure the ends of justice. Inherent power of
the High Court should

be exercised only in the exceptional cases. (Amar Chand V. Shanti Bose, AIR
1973 SC 799)
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

In the following cases the inherent jurisdiction of the High Court should be
exercised to quash the

proceedings. (R.P. Kapur V. state of Punjab AIR 1960 SC 866)

i. Where there is a legal bar against the institution or continuance of the


proceedings;

ii. Where the allegations in the first information or complaint do not constitute the
offence alleged; and

iii. Where either there is no 'legal evidence adduced in support of the charge or the
evidence adduced

in support of the charge or the evidence clearly or manifestly failed prove the
charge.

No limitation period has been prescribed for making an application under sec. 482
Cr. P.C. However the

application is to be filed within a reasonable time. The High Court may, to prevent
the abuse of the process

of court and secure the ends of justice, in a long drawn out proceedings where no
prima-facie case is made

out against the accused, internee and quash the proceedings, for more details for
this provision or inherent

powers of the High Court student should consult sec. 482 Cr. P.C. from their text
book and bare Act. of Cr.

P.C.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

MODEL FORMS OF CRIMINAL MISCELLANEOUS PETITION

In the High Court of ……………….

CR. MISC. petitioner/ No. ……………….

AB (add description) ……………….Respondent! complainant

Complaint no ……………….

Police station ……………….

To the Hon'ble chief justice and his companion judge of the High Court of
………………..

PRAYER

It is therefore most respectfully preyed that a notice may be issued against the
respondent.

Date: sd/-

Place: Advocate of the petitioner

Other petitions under sec. 107, 109,125 and 133 Cr P. C. maybe filed in Criminal
court.

(iii) BAIL APPLICATION

The concept of bail has a long history and deep roots in English and American law.
In medieval England, the

custom grew out of the need to free untried prisoners form disease ridden jails
while they were waiting for
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the delayed trials conducted by traveling justices, prisoners were bailed, or


delivered, to reputable third

parties of their own choosing who accepted responsibility for assuring their
appearance at trial. If the

accused did not appear, his' bailor would stand trial in his place. It became the
practice for property owners,

who accepted responsibility for assuring persons to forfeit money when their
charges failed to appear for

trial. In the event of non-appearance the bond is for feited.

'Bail' in English common law is the freeing or setting at liberty of one arrested or
imprisoned or imprisoned

upon any action, either civil or Criminal, on surety taken for his appearance on
certain day and a place

named.

Under the Indian law the word 'bail ' has not been defined in the code Criminal
procedure 1973 have defined

the expression 'bailable offence' and non- bailable offence respectively in section
4( 1) (b) and sec; 2 (a).

The word 'bail' means the security for a prisoner's appearance for trial. The effect
of granting bail is

accordingly not to set the prisoner free from jailor custody, but to release him form
the custody of law and to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

entrust him to the custody of his sureties who are bound to produce him to appear
at his trial at a specified

time and place.

Under the provisions of Cr P.C., bails may be studied under three heads:

(1) Bails in bailable offences.

(2) Bails in non-offences.

(3) Anticipatory Bail.

1. Bails in Bailable offences - where an arrested person is accused of a bailable


offence he shall be

released on bail at any time while n custody, if he is prepared to give bail. But the
officer in charge of a

police station detaining the accused without a warrant may, instead of taking bail
form such person,

discharge him on executing a bond without sureties for his appearance. In every
bailable offence bail is

granted as a matter of favour. No discretion has been granted to courts in such


cases. The granting of

bail is imperative under sec. 436 of code of Criminal Procedure.

Where a person fails to comply with the conditions of the bail bond regarding time
and place of

attendance, the court may refuse to release him on bail, when on a subsequent
accession in the same
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the appears before the court or is brought in custody and any such refusal shall be
without prejudice to

the powers of the court to call upon any person bond by such bond to pay the
penalty there of under sec.

446 in which the procedure when bond his been for feinted is given.

2. Bails in Non-Bailable Offences : All offences which do not fall under the
category of bailable

offences are non-bailable offences.

A person accused of a non-bailable offence maybe released on bail, subject to


certain restrictions. Sec.

437, Cr P.C., lays down that a person arrested for a non-bailable offence shall not
be so relapsed if there

appears reasonable grandees for believing that he has been guilty of an offence
punishable with death

or imprisonment for life. But there is also an exemption in the section, in the case
of a person under the

age. Of sixteen years or any woman or any sick or infirm person identification by
witnesses is no ground

for refusing bail.

3. Anticipatory Bails: Sec. 438 Cr. P.C. 1973 says the issuance of a direction that
in the event of arrest
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

of the application he shall be released on bail. Sec. 438 confers power on the High
Court as also the

Court of Session to grant bail to any person apprehending arrest on an accusation


of having committed

a non-billable offence in anticipation of his arrest, which is called anticipatory bail.

The object of this section is that if a person has already obtained an order from the
session judge or the

High Court, he would be released immediately without having to undergo the


rigours of jail even for a

few days which would necessarily be taken up if he has to apply for bail after
arrest.

Application for Anticipatory bail and its Contents

It is unrealistic to expect the applicant to draw up his application with the


meticulousness of a pleading in a

civil case and such is not the requirement of the section. But specific events and
facts must be disclosed by

the applicant in order to enable the court to judge the reasonableness of his belief.

Apart from the fact that the very language of the statute compels this contraction
there is an important

principle involved in the insistence that facts on the basic of which a direction
under sec. 438 (1) is sought
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

must be clear and specific, not vague and general it is only by the observance of
that principle that a

possible conflict between the right of an individual to his liberty and the right of
the police to on investigate

into crimes reported to them can be avoided.

Rule of prudence requires that the notice should be given to the other side before
passing a final order for

anticipatory bail so that wrong order of anticipatory bail so that wrong order of
anticipatory bail is not

obtained by a party placing incorrect or misleading facts or suppressing material


facts.

Authorities Competent to grant bail

Police officers, Magistrates, courts and Government are empowered to grant bail
under the various

provisions of the code of Criminal Procedure code.

(a) Police Officers: Police officer are empowered to grant bail to persons arrested
without a warrant under

sec. 41 (when police may arrest without warrant) or sec. 42 (Arrest on refusal to
give name and residence)

or Sec. 43 (Arrest by private person and procedure on such arrest) or Sec. 151 Cr.
P.C. (Arrest to prevent
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the Commission of cognizable offences) or to a person arrested under a available


warrant issued by a

court, or to accused person to appear before the court when required.

(b) Magistrates and Courts: The Magistrates and Court are empowered to grant
bail to any accused

person. The provisions elating to bail are laid down in various sections of the Cr.
P.C. like 436 to 439 in

chapter XXIII of the Cr. P.C. the question of granting bail for apprehending arrest
has been provided in sec.

438 of Cr.P.C.

(c) Government: Under sec.339 Cr. P.C. the Government may, upon and
application who is lunatic and on

such relations or friends giving security to the satisfaction of the state Government
concerned, Order

relatively or friend. Under sec. 432 Cr.P.C. The Government is empowered to


suspend or remit sentence.

The usual practice is that a person desiring bail should first approach the lower
court, but this practice is not

inflexible because under sec 439 Cr P.C. special power have been conferred on the
High Court or the court

of session regarding bail. Further when a person has reason to believe that he
may/be arrested on an
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

accusation of having committed a non-bailable offence he may under sec, 438 Cr


P.C. apply to the High

Court or the court of session for a direction under the said section and that the
Court may if it thinks fit direct

in the event such arrest that he shall be released on bail.

In order to enable the judge to decide whether bail should be granted or not and
what exactly are the terms

on which he should be granted bail. It would be advantageous of notice is given to


the public prosecutor.

Though there is no provision which compels the court to give notices to the public
prosecutor before

granting bail the court has such power to direct notice in appropriate cases. Since
bail in bailable cases is a

matter of right for the accused to be enlarged on bail, there is no scope for giving
notice to the Public

prosecutor.

The circumstances which should be weighted on behalf of the prosecution and


against the accused are:

1) That there is every liklyhood that the accused will be absconding on his release.

2) That there is a reasonable apprehension that the accused might tamper with the
evidence of the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

prosecution witnesses by his influence where by the prosecution would be hindered


and would not get a

fair opportunity of adducing incriminating evidence against the accused.

3) That there is danger of such offence being repeated and continued etc.

FORM OF BAIL APPLICATION

It is also keep in mind by the students that so long as an accused is not charge-
sheeted, the case against

him is not numbered as the court case on its file; and hence it is referred as Cr P.C.
No. (Crime Register

Number) which relates to the particular Police station to which the offence has
been reported to. But, as

soon as the charge-sheet is filed in the court, the case s numbered as Court-case on
its file.

In the Court of Judicial Magistrate,

Misc. Application No of 2009

Cr P.C. No ……………….of 2009

State V ……………….Accused

Offence u/s 304- AIPC

Police State ……………….

Application for Bail under Sec.436 Cr.P.C.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The humble application on behalf of MR. ………………. s/o


shri………….R/o………….police station

……………….District ………………. respectfully submitted:

1) That the application 1 accused was arrested by the Police of Police Station
.............. on

……………….and sent up for remand to custody in the above case.

2) That the applicant is innocent and has not committed the offence mentioned
above

3) That the offence is available and the applicant is prepared to furnish bail.

Prayer

It is, therefore respectfully prayed that the Court be pleased to order that the
applicant be released on bail

pending decision on the above case.

Place Applicant

Dated or

Counsel for the applicant

(File Vakalatnama of the accused along with this bail application.)

IN THE COURT OF JUDICIAL MAGISTRATE,

CRIMINAL CASE NO ……………… of 2009

State V……………….Accused)
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Offence under Sec. 13U.P.

Gambling Act

Police Station ……………….

Application under sec. 436 Cr P.C.

The humble application on behalf of………………. s/o shri.


……………….R/o………………., police

Station ………………. respectfully showeth as follows:

a. That the application is a respectable citizen and he has been falsely implicated
the above case.

b. That the offence is bailable and the applicant is prepared to furnish bail for his
appearance.

PRAYER

It is, therefore respectfully prayed that the court be pleased to grant bail to the
applicant. Applicant

Place or

Date Counsel for the applicant

BEFORE THE COURT OF JUDICIAL MAGISTRATE

MISC APP. No. …………………….. of 2009

In

Criminal case No ……………….……………….of 2008


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

State ………………. Vs ……………….Accused

Under sec.25 Arms Art,

Police station .

Application under sec. 437 Cr P.C. 1973

The humble application on behalf of Shri ……………….S/o Shri


……………….R/o……………….Police

Station ……………….District………………., respectfully showeth as follows:

1) That the applicant is a respectable citizen and has never before been arrested or
challenged

2) That the application is innocent and been falsely implicated in the above case
due to enimity.

3) That there was no recovery of any incriminating article from the possession of
the applicant.

4) That a pistol was recovered from a bush in front of the applicant's house, of
which the applicant was

unaware till the recovery.

5) That the offence of non-bailable but there is no evidence to connect the


applicant with it and the

circumstances do not exclude the possibility of some one having thrown, or


concealed the pistol

PRAYER
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

It is therefore, respectfully prayed that the court be pleaded to allow bail to the
applicant.

Dated: Applicant

Place: or

Counsel for the applicant.

In the court of Chief Judicial Magistrate, ………………. MISC Application No.


………………. Of 2009

In

Criminal Case No ……………….……………….of 2009

State of ……………….V………………. (Accused)

Under sec.147/302 IPC

Police Station .

Application under sec. 437 Cr P.C.

The humble application on behalf of shri……………….slo


Shri……………….R/o………………. Police

Station ………………. District………………. respectfully showeth:

1) That the applicant was arrested by the police Station and he has been in
detention since then.

2) That the applicant is innocent.

3) That the police have not completed their investigation and no-charge sheet has
yet been received
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

though more then 60 days have expired since the detention of the applicant in
custody.

4) That the detention of the applicant is under the circumstances illegal and
contrary to the provisions

of sec. 167 Cr P.C.

PRAYER

Place: Counsel for the applicant

Dated:

IN THE COURT OF SESSIONS JUDGE,

Criminal case No ……………….of ……………….

In

State of ……………….V ……………….Accused

Under sec. 147/3021PC

Police Station……………….

Application for bail under sec. 437 Cr P.C.

May it please your Honors?

The accused above named respectfully submits as follows:

1) That the applicant is a peace-loving, respectable. law-abiding citizen who has


been falsely

implicated in the above case.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

2) That the applicant was arrested on and he has since then been in custody for the
lost four months.

3) That the charge-sheet in the above case was submitted to the court about a
month ago but the

applicant has been remanded to custody to enable preparation of the copies of


documents to be

delivered to the applicant.

4) That there is no provision authorising the Magistrate thus to remand the


applicant to custody for the

purpose state above and the detention of the applicant is illegal and contrary to law.

PRAYER

It is, therefore respectfully prayed that the court be pleased to allow the applicant
to be released on bail.

Dated: Counsel for the applicant

Dated:

IN THE COURT OF SESSION JUDGE

Misc Application No ………………. of ……………….

In

Criminal Case no. ………………. of ……………….

State of………………. V……………….......... (Accused)

Under sec. 147/436, IPC


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Police Station . ……………….

Application for anticipatory bail under sec.438 Cr P.C.

The humble application of:

(1) Shri ………………. s/o………………. R/o………………..

(2) Shri ………………. s/o………………. R/o………………..

(3) Shri ………………. s/o………………. R/o………………..

Station respectfully showeth as follows:

1) That the applicants are the students of the University.

2) That the applicant No.(1) is a student of LL.B. Final yr. of the University.

3) That the applicant No. (1) was elected to the office of the General Secretary of
the University

students Union in the last academic session of the University and shall continue to
hold the said

office till the assumption of offices by the new office-bearers of the Union to be
ejected in the Union

Elections Scheduled to e held on: -

4) That remaining applicants numbered (2) (3) are the supporters 0 the application
No (1) and all

the applications are members of …………. which is an association of students in


the guiding
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

activities of the students n the various Universities and educational institutions of


the state and

sponsoring candidates for elections to various· offices of the students· Union in the
aforesaid

Universities and institutions.

5) That the applicant No.(1) was nominated by the said Association as its candidate
to contest election

for the office of the president of the Uni. Student Union at the next Union
Elections referred to in

paragraph (3).

6) That Canvass ingon behalf of applicant no. (1) Is in full swing and all the
applicants are actively

participating in it.

7) That on ………….the applicants led a peaceful demonstration of students


numbering several

hundreds to the residence of he Vice-Chancellor of the University to protest


against the partiality

and unfair discrimination exercised by the members of the Admissions Committee


of the University

in making admissions to the various classes of the University.

8) That when the applicants were having peaceful talks with the Vice-Chancellor
in the presence of the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

demonstrators who were also standing peacefully, there was the loud explosion of
a bomb

damaging a part of the residence of the Vice-Chancellor and setting at ablaze.

9) That the applicants and the demonstrators rushed to quench the fire and catch
hold of the

miscreants who managed to escape unnoticed.

10) That the applicants are innocent and it appears that the explosion was
manipulated by elements

opposed to the applicants and interested in damaging the election prospects of


applicant No. (1)

And causing the applicants to be arrested on the very eve of the said election.

11) That a case under section 147/436, IPC has been registered by the police and
the applicant

apprehend that they might be arrested therein and thereby prevented from carrying
on the , election

campaign.

12) That the offence is non-bailable. The application having no desire to evade the
due process of law

shall face the trial. The applicants shall make then selves available for interrogation
by a police

office as and when required.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

13) That the applicants shall not, directly or indirectly, make any inducement,
threat or promise to any

person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to 1lhe

court or to any police officer.

PRAYER

It is, therefore respectfully prayed that the court be pleased to give a direction that
in the event of the rest of

the applicants the applicants be released on bail for such amount of money as the
court deem it: to fix in the

interest of Justice.

Place: Applicants

Dated: or

Counsel for the applicant

IN THE HIGH COURT OF AT

Misc Application No ………….

In the matter of an application for bail under sec. 439 (1) (a) of Cr P.C. 1973.

And

In the matter of Criminal case No ………….of ………….the Court of Session


at…………... ………….under

sec. 122 I P.C.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

And

In the matter of ………….Shri………….son of………….R/o………….Police


station.

To,

The Hon'ble Chief justice and his companion Justices of said Hon'ble Court. The
humble petition of the

petitioner above named.

Most respectfully showeth :

1) That the petitioner along with 28 persons was committed to the Court of Session
on on a charge

under sec. 122 I.P.C., on the allegation that your petitioner conspired with certain
persons to wage

war against the Government of India and has been collecting arms, ammunition,
etc. for the

purpose.

2) That the trial at the session court Commenced on ………….and as many as 65


witnesses have

been examined by the prosecution at the trial.

3) That although the prosecution evidence has been closed and the statements of he
accused
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

persons are being recorded there is no likelihood of the trial being terminated soon
and that it will

protect for a considerable length of time.

4) That petitioner's application for bail at the trial court was rejected on
………….while some

application for bail of some of the accused were allowed.

5) That the petitioner is a social worker having done many social works known to
the people of the

locality where he is being held in great esteem.

6) That there was no impediment in granting bail to the petitioner as there is no


danger of the

petitioner's fleeing from justice nor of his tampering with the prosecution
witnesses.

7) That the petitioner is in jail for the last one year and so if he be kept in jail he
fears that he will not be

able to defend himself properly.

PRAYER

In the facts and circumstances set fort above your petitioner most humbly prays
that your lordships may be

graciously pleased to release your petitioner on jail.

And your petitioner as in duty bound shall ever pray.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Dated:

Place : Counsel for the Applicant

(IV) MEMORANDUM OF APPEAL AND REVISION

Ordinarily appellate jurisdiction involves a rehearing as it were in law as well as


fact and is invoked by an

aggrieved person. Ordinarily again revisional jurisdiction is analogous to a power


of Superintendence and

may sometimes be exercised without its being" invoked by a party. The conferment
of revisional jurisdiction

is generally for the purpose of keeping courts subordinate to the revising court
within the bounds of their

authority to make them act according to law, according to procedure established by


law and according to

well defined principles of justice. The extent of revisional jurisdiction is defined by


statute and has to be

82

considered in each case with reference to the language employed by the statute.

Appeal in Code of Criminal procedure

The right of appeal is not only a matter of procedure but it is a substantive right.
The right of appeal is a
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

creation of statute; it is neither a fundamental nor an inherent right. There can be


no inherent right of appeal

form any Judgment or order unless an appeal is expressly provided for by the law
itself. Statute governs the

right of appeal. Appellate powers depend on the language and words of the statute.
The provisions related

with Criminal appeal are provided under sec.372-394 of the code of Criminal
Procedure.

The expressions "appeal" and "memorandum of appeal" are used to denote two
distinct things: The appeal

is a judicial examination whereas the memorandum of appeal contains the grounds


on which the judicial

examination is solicited. The appeal is not a second trial but it is a continuance of


the same in a higher court.

Let us draft the memorandum of appeal. The first thing that we have to do is to
obtain the judgment of tile

trial court then it should be carefully and critically examined scrutinizing the
conclusions which the court has

come to in relation to the hypothesis and in the light of the actual evidence of the
case. This would help us in

noting the defects of the judgments, its faculty logic, its sweeping generalization,
its weaknesses for
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

accepting one patty's evidence against that of the other and the attempts made in
the Judgment to come to

a particular conclusion by the court. This gives us an insight of the working of the
mind of the author who

wrote the judgment.

Secondly we should note whether the rules of the procedure have been strictly
adhered to or have been

violated to the prejudice of the accused person thus after going through the
judgment; the memorandum of

appeal should be drafted setting forth grounds on which the judgment is not
sustainable and should be

presented aIong with a certified copy of the judgment of the trial court to the court
of Appeal. It may be

presented by the appellant or by his advocate. In an appeal against a concoction at


a session's trial the

memorandum of appeal should contain the question of law raised.

After the appeal is file, it is posted or fixed for preliminary hearing before
admission bench on one day when

the appellant or his advocate is heard; if the judge of the Bench is satisfied with the
grounds of appeal then it

is admitted and notice is issued to the other party and a date is fixed for the final
hearing of the appeal; and if
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

not satisfied then it is rejected No. Criminal appeal can be dismissed for default of
appearance by the party

(as in a civil case). The dismissed has always to be on the merits of the case. An
appeal abates only in case

of the death of the appellant (accused).

The appellate court has a number of alternatives before it. It an appeal from a
conviction it can reverse the

finding and the sentence and discharge or acquit the accused or order retrial which
is technically known as

"remand". In the case of an appeal from on order of acquittal, it can reverse the
order and direct further

enquiry to be made, or that the accused be retried or Committed for trial, or find
him guilty and pass

sentence on him.

With the memorandum of appeal the copy of the Judgment of the trial court should
be filed along with the

Vakalatnama.

Appeal can be filed in the High Court within 60 days to be reckoned form the date
of the sentence order of

the trial court. It is well settled principle of law that rules of limitation are not
meant to destroy the right of

parties.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

FORM OF MEMORANDUM OF APPEAL

In the Court of Session Judge ...

Criminal Appeal No of 2009

(Give particulars ) ……………… Appellant

Versus

State of ………….…………. Respondent

May it please your Honour,

For the following among other grounds the appellant herein begs to prefer this
appeal under sec, against

the judgment dt………….of the Judicial Magistrate …………., in Criminal case


No of…………..........

convicting the appellant under sec………….IPC and sentencing him to undergo


............... months SRI and

to pay a fine of Rs ………….

GROUNDS

a. That the learned Magistrate erred in law in taking cognizance of the case and as
such the conviction

is bad in law.

b. That the learned Magistrate overlooked the inherent improbabilities of he


prosecution case as
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

revealed by the evidence of prosecution witnesses.

c. That the learned Magistrate has hardly any material for coming to the conclusion
that the accused

had full knowledge of the facts and is maliciously involved in the matter.

d. That the conviction and sentence complained of are bad in law and improper in
that they are based

on erroneous hypothesis and assumptions not warranted by the legal materials on


the record.

e. For that at all events the accused ought to have been given the benefit of doubt
and acquitted.

f. For that the sentence is much too severe.

In the circumstances stated above your petitioner pray that your Honour may be
graciously pleased to

admit appeal, call for the record, admit your petitioner to bail pending the disposal
of this appeal and after

hearing set aside the conviction and sentence or pass such other order as the ends
of Justice may call for.

And your petitioner, as is duty bound, shall ever pray

In the High Court of ………….………….

Criminal Appeal No ………….………….

Name and full


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Description ………….………….Appellant / complainant

Versus

a. Name and

b. description of

c. accused

d. and

e. state of ………….Respondents / No. 1 to 4 or accused.

Under section ………….………….

Appeal, against acquittal under

Sec ………….R/w ………….of IPC in Criminal case No ………….of


………….passed by the learned

session judge ………….

The Appellant Most Respectfully showeth as follows:

1. the facts leading. to appeal are as below: -

(Facts of the case)

2. The said trial court decided the said case on ………….and acquitted the said
accused persons. A

certified copy of the said Judgment and order is annexed hereto and marked as
Annexure – 'A'
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

3. Being aggrieved by the said order of acquittal passed by the learned sessions
judge

………….on…………. in the said Criminal case No. 1- 4 are acquitted of the


charge framed against them.

The Appellant humbly and respectfully, bags to prefer this appeal against the same
to this Hon'ble court, for

leave to appeal against the said order of acquittal. The appellant, therefore, prays
that the record and

proceedings of the said Criminal case be called for, and the evidence in the case be
reassessed, and the

respondents herein (in original accused) be convicted of the offence charged, and
be punished according

to law on the following amongst other grounds:

(a) That the order of acquittal is not warranted by law and is against the weight of
evidence;

(b) That the learned session's judge approach to the entire case was that the
prosecution case was

false and hence he had accepted the defence without any reasonable ground. The
learned

Magistrate should have, on the contrary held that the prosecution has proved the
case beyond

reasonable doubt;
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(c) That the learned session's Judge should have held the story of the defence as
highly improbable;

(d) That the learned session's Judge has erred in relying on the prosecution witness
No. 4 who has

turned hostile and has suppressed the material facts.

(e) That the learned session's Judge erred in law and facts both by not having
accepted the evidence of

P W No.6 who is a Government Medical Officer who has clearly stated that the
injuries caused to the

complainant cannot be caused by fall.

(f) The learned session's Judge's judgment is against the weight evidence and
probabilities and is

based on inferences which are not sustainable in this Hon'ble court.

4. The appellant submits that he has filed, separately on application for leave to
appeal in this matter.

5. The appellant further submits that he has preferred no other similar petition in
the matter to this

Hon'ble Court.

And for this act of kindness and justice the Appellant shall as in duty bound ever
pray. Sd/-

Sd/-

Dated: Advocate for the appellant


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Place:

(This appeal against acquittal must accompany an application for leave to appeal
along with the certified

copy of the judgment and order appealed against)

CRIMINAL REVISION (Sec. 397 to 405)

In Criminal revision legality and the correctness of the propriety of any finding,
sentence of order or the

regularity of any proceeding can be questioned by the High Court or the session's
judge suomotu or on the

application made to it or him under sec. 397 and sec. 398 of the Cr P.C., 1973. Sec
401deals with the

revisional power of the High Court, and sec.399 and 400 respectively deal with the
power of revision of the

session judge.

Sec. 397 Cr P.C. congers on the High Court or a session Judge the power of
Superintendence by calling for

and examining the record of any proceeding before any inferior Criminal court
situate within the local limits

of its or his jurisdiction for the purpose of satisfying itself of himself of himself;

(i) As the correctness, legality or propriety of any finding, sentence or order; and

(ii) As to the regularity of any proceeding of such inferior court and may, when
calling for such record,
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

direct that the executing of any sentence or order be suspended and, if the accused
is in

conferment, that he be released on bailor on his own bond pending the examination
of the of the

record.

All Magistrate, whether executive of Judicial and whether exercising original or


appellate Jurisdiction shall

be deemed to be inferior to the session judge for the purposes of sub-section (1) of
sec.397 and sec.398

The powers of revision conferred shall not be exercised in relation to any


interlocutory order passed in any

appeal, inquiry, trial or other proceeding.

But, I an application under sec. 397 has been made by any person either to the
High Court or to the session

Judge, no further application by the same person shall be entertained by the other
of them.

Sec. 397 (3) is to prevent a multiple exercise or revisional power and to secure
early finality to order any

person aggrieved by and order of an inferior Criminal Court is given the option to
approach. either the

sessions judge or the High Court and once he exercises the option he is precluded
from invoking the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

revisional jurisdiction of the other authority.

When a revision petition is dismissed by the sessions Judge the order is final and
no second revision

petition lies before the High Court.

Distinction Between Appellate and Revisional Jurisdictions

a. Appeal is a statutory right given to the appellant which he can demand from the
Court either on a

question of fact or on a question of law or upon both. In revision the applicant has
no statutory right

beyond inviting the attention of the court. The court has a discretion to exercise its
revisional power or

not.

b. In appeal the High Court decides both on question of law and fact, in revision it
only decides or

adjudicates on a question of law and fact, in revision it only decides or adjudicates


on a question of law;

but it may, for the ends of justice, enter into questions of fact.

c. In appeal the High Court can convert an acquittal into conviction and Vice-
versa, but in revision it

cannot convert a finding of acquittal into one of conviction.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

FORM OF CRIMINAL REVISIONS

In the Court of Session Judge:

CRIMINAL REVISION NO -

A………….…………. petitioner

Versus

State of …………. Respondent

Revision petition under sec. 397 Cr P.C. against order dt ………….in


Criminal case no………….

The petitioner above named most respectfully submits this revision petition against
the order

aforementioned on the following amongst other grounds of revision.

GROUND OF RIVISION

a) Because the order passed by the learned magistrate is incorrect, illegal,


improper.

b) Because the order of the learned Magistrate is illegal and against the facts on
record.

c) Because the proceedings before the court of the magistrate are irregular due to
the following

reasons.

(a)
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(b)

(c)

PRAYER

It is therefore most respectfully prayed that the record of the Criminal case No
………….of ………….state V

. …………... be called for and examined and the revision petition may be allowed
and the sentence order

recorded therein be set aside. It is further prayed that the sentence may be
suspended pending the Criminal

revision in this court and the accused petitioner be released on bail.

Dated:

Place: Counsel for the petitioner

_________

CONVEYANCING

"Convincing" is an art of drafting deeds and documents whereby any right, title or
interest in an immovable

property is transferred from one person to another. Such persons may be natural or
artificial i.e. Corporate,

the company, the society or the corporate sole as the case may be.

Conveyancing is based on law and legal principles which have been evolved in the
sphere of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Conveyancing over years or rather Centuries. The objective of Conveyancing


cannot be possible without a

thorough knowledge an understanding of the legal provisions applicable on the


subject matter of transfer of

property· or right therein.

In the present world, the scope of Conveyancing has become very wide and
extensive in use and

advantage to different fields of business, profession and industries,

Drafting document is now a legal task and not merely a technical one. Different
types of deeds require

knowledge of different types of law on which those deeds are based. To draft a
trust deed, the law of the

country regarding creation of trusts is very much essential to be known.

In the ancient times in England the deed writing was optional and continued to
remain optional until the time

of King Charles II, particularly the cases in which the deed was required not to be
under seal. Writing was

required only in the matter of great importance. It was only during the reign of
king Charles II that the British

parliament enacted in 1677 a legislation requiring writing for creation and transfer
of interest in landed
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

property with an exception in case of lease for less than three years. The Real
Property Act. of 1845

required all grants of landed interest to be made by writing which became known
as "Conveyancing" the

pr8$entform of Conveyancing is based on the Conveyance of land Act of 1845 and


the Iaw of property Act

1925.

(1) In India the forms of Conveyancing are based on the present English forms.
No. legislation in India has

ever been passed on the law of Conveyancing. Conveyancing in India is not


unknown as the words,

"Qabuliyatnama", "Jagirdar", "Muafidar" and "charpatra". etc are accruing from


ancient days in the India

literatures. Thus, as in England and so in India, too, there are two types of deeds -
"Deed poll" and

"indenture". Charpatra (Redemption of rent), Jagir grants, Qabuliyats, etc. were all
of the nature of Deed

polls. The deed poll is a document which is executed unilaterally in the first person
while on indenture is a

bilateral or multilateral deed. Bonds, power of attorney and wills are "deed polls",
Mortgages, sales gifts,

and lease is bilateral document and so they are "Indenture".


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Principal of drafting of drafting of document may be classify into 4 parts-

(1) clarity of expression -

(2) Design of the draft -

(3) Precision of language -

(4) Communicability of the intention of the parties to the document.

(i) Clarity of Expression -

It is the first principle of drafting of Conveyance or document that what ever is


being scribed, it must be clear

in its expression. It should. be unambiguous, that is, it must not have two meaning
of any expression used in

drafting. The sentences for the purpose should be short and easily understandable,
should not have

compound and compels sentences, so that the reader or the person using the
document should not have

any difficulty in understanding the meaning of the sentence which is being scribed.
The words used should

not be technical or in a foreign language. Which the parties do not understand at


all. Everyday language of

the place or state should be used in the drafts being prepared.

(ii) Design of the draft -


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The design of the drafts should be in conformity with law. But however it should
not be too technical which

may entangle the parties in the technical design of the document itself and the real
intention of the

document may be kept behind that technical draft concealed under it. As a matter
of fact the parts or parcels

of a document are not prescribed by any law. These are simply the production of
document expects for the

sake of convenience to learn the art but it is not the end of goal of the art it self. It
is merely for the practice of

the art of Conveyancing so that the draftsman may express the statement of the
document serially and

chronologically and rather systematically the design is simply to be followed so


that nothing material or

relevant may be left or omitted and nothing unnecessary may be included in the
document, which is quite

irrelevant for the purpose. A well-drafted deed is that which is strictly logical step
by step and has nothing

emotional or imaginary or unsystematic.

(iii) Precision of language -

The language of the document must be precise, the words used for a particular
meaning should be used. If
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the words used in the draft do not convey the exact meaning, then the draftsmen
should not hesitate to

explain the same. The deed must be intelligible to laymen even. It should no be
made a classic to be

understood only by the advocated or traditional draftsmen. It should not become a


subject of interpretation

in order to come to a conclusion what does the expression or the language means to
convey. A draftsman

should keep· in mind the following rules:

i. Familiar words of every day common language should be preferred over too
technical words.

ii. Concrete words should be preferred over the abstract words or words of the
imaginary world.

iii. Short words should be preferred to the long or compound words.

iv. Simple Sentences should be preferred to compound or complex sentences, and

v. Active voice of grammar should be preferred to the passive voice.

vi. Communicability of the intention of the parties to the document.

The only purpose of scribing a deed is to communicate the intention of the parties
to the other parties to the

document and the public at large who may come in contact with the document or
the property which is the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

subject matter of that document the real intention of the parties to the deed should
be very honestly

expressed and communicated by such document. The intention aforesaid should e


so expressed, as it may

make it easily to be understood and be made operative by way of the deed. The
principle of communication

of the intention of parties to the deed should be well respected and followed by a
draftsman

(I) ESSENTIALS OF A DEED

An instrument Or deed usually consists of three parts: -

(A) The non-operative part,

(B) The operative part, and

(C) The format part

The non-operative part contains: -

(i) Description or name - It is usual but not necessary to begin a deed by giving it
a name. The name has to

be chosen with great case. The name should be indicative of the true contents of
the deed, sometimes in

construing a deed. The name has also to be taken into consideration. The nature of
the transaction

depends entirely upon the terms of the deed.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(ii) Date of the deed - It is usual to give the date on which a deed is executed
either after the name or at the

end before the signatures. The date is stated thus:

This deed of sale made on the fifth day of September, one thousand nine hundred
and eighty-two (5th day

of September) between ………….

If the deed does not mention the date on which it will come into effect a
presumption arises that it will come

into effect from the data of execution. Certain deeds take effect from the date if
delivery of the deed. In such

cases it is the date of delivery which is the date of the deed. Wills take effect not
from the date of execution.

Certain deeds take effect from the date of delivery of the deed. In such cases it is
the date of delivery which

is the date of the deed. Wills take effect not from the date of execution but from the
date of the death of the

executants (testator)

(iii) Parties to the deed: -

(a) After the name and date of the deed the names of the parties to the deed are
setout. The names name

and particulars of the parties should be given in such detail from which the parties
can easily be identified. It
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

is usual to describe parties by their name, age, parentage, occupation and


residence. In cases where it is

intended that the successors the parties win also be bound by the deed it is usual to
add a clause after the

description of the parties stating;

The parties shall include their heirs, successors, assigns and legal representative it
is necessary for the

draftsman to determine the parties who should be joined before drafting a deed.

(b) Description of certain parties: -

Companies and firms are described thus:

The Delhi sugar Mills Co. Ltd. A company registered under the companies Act,
1956 having its registered

office at………….(add ress) Delhi.

A B, son of …………. resident of, ………….a partner of, and acting for and on
behalf of the firm carrying on

business under the name and style of ………….(firm's name) at…………. (firm's
address)

Minor: can act only through their guardians:

A B, son of …………. resident of ………….a minor, acting through his


………….and natural guardian

………….C.D., son of ………….resident of …………. a lunatic can act only


through a manager appointed
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

by the court. He is to be described thus:

A B, son of ………….resident of …………., a lunatic, acting through acts through


its trustees:

A,B,C,D and E,F, trustees of the trust known as ………….trust, situate at..
………….

Government :

Contracts on behalf of the Union and state Government are entered into in the
name of the president or the

Governor as the case may be. (Act. 299 constitution) they are executed by persons
who are authorized in

this behalf by the president or the Governor.

(c) Reference to parties in the body of the deed:

Unilateral deeds: Since there is only one party he can refer to himself as 'I' or as
"the executants" in the

body of the deed.

Bilateral deeds: it is usual to describe the parties by their capacities like:

Between A B………….(Herein after called the Lessee) and C.D. …………. (Here
in after Called the Lessee)

………….

In subsequent parts of the deed they be referred to as the lessor and the lessee.
Multilateral deeds: the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

description is:

This deed of partition dated ………….between A B ………….(Party of the first


part), C,D, ………….(Party of

the second part), E, F………….(part of the third part)

In the body of the deed they are referrer to as "party of the first part" etc.

(iv) Recitals: These are a narrative of what has led to the necessity or desirability
of executing the deed or

document. They contain a brief history or in short form the motive for making the
deed. Recitals begin with

the familiar words "whereas the parties are desirous of or have agreed on some
particular course of action,

etc." Recitals usually show the reasons and the history of title designed to show
that the grantor is entitled to

make the disposition. These must beset out in such a manner as to show a complete
unbroken chain and is

such order that they are properly connected and consistent.

Where the operative part of a deed is unambiguous the recitals have no effect on
the construction of the

deed but if the operative part is ambiguous, the recitals govern the construction.

(B) The operative part contains:

(i) Testatum or premises: - After the recitals the operative parts of the deed begin
generally with the words
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

"Now this deed witnesses that". 'This part gives effect to the intention of the parties
and sets out in detail the

transaction between the parties. It sets out the capacities in which the parties are
acting and the payment

and receipt of consideration. Words like "grants", "agrees", "confirms", "sells",


"transfers", "conveys",

"assigns" etc. are used to denote the purpose and object of the deed. In this part the
property which is the

Subject of the deed is also described.

(ii) Hebendum: Next follows the habendum. This part of the deed used to be
introduced by the words "to

have and to hold", now generally shortened to "to hold". This purpose of the
habendum is to define the

interest conveyed and to set out the limitation on the property involved. It shows
whether or the creation of a

trust or an obsolete sale. It mentions whether the property is encumbered or not. It


also names the grantee

again. The habendum is not an essential or necessary part of a deed.

(iii) Exception and reservations: In this part of the deed all the exceptions and
reservations which are
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

intended to be attached to the transfer should be clearly stated. For example, if it is


desired to lease out a

parcel of land the transferor may desire to retain the right to extract minerals
therefrom, or again a person

may reserve the right to pass rainwater over the land demised-all such exceptions
and reservations must

be clearly set forth in this part of the deed .

(iv) Covenants:- Almost every document, whether a sale, lease or mortgage must
contain terms by which

the parties bind themselves. It is not necessary to mention such covenants as are
attached by law to a

particular transaction, but if any special terms or agreements are made at variance
with the implied

covenants then these must be clearly 'state'. For instance, a lease under the transfer
of property Act implies

the right to sublet, but the parties may impose conditions against subletting. In such
a case the terms must

clearly be given in the deed.

(c) The formal part contains:

(i) The Testimonium: - This set forth the fact that the parties have signed the deed.
It usually begins with the

words:
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

In witness whereof the parties aforesaid, namely, have on the day and year just
above- mentioned put their

signatures in the presence of the witnesses.

It the date of the execution of the deed has not been given in the beginning it is to
be given in this part. In

place of the words "the day and year just above-mentioned" the words "this day

of ………….20 …………." are to be substituted;

(ii) Signature and attestation: -Immediately following the testimonium the


parties put their signatures.

There after the witnesses put their signatures if the deed requires attestation then
the executants must sign

in the presence of the witnesses and the witnesses must sign in the presence of the
executants. In such a

case after the signatures of the executants the following words are written:

Signed by the above-named parties in our presence and we have signed in his
presence.

Then follows the signature of the witnesses. Where a document consists of more
than are page the-parties

and witnesses must sign each page.

(iii) Parcels of description of the property: - the property is described in detail


accurately and correctly
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

either at the foot of the deed or in schedules annexed to the deed. The object of the
description is to make

the property easily identifiable. Sometimes a plan is attached and made part of the
deed. Some guidance in

this respect may be taken from the provisions of sec. 21 and 22 of the Registration
Act, 1908.

Sec. 21- Description of property and maps or plans: -

a) No non-testamentary document relating to immovable property shall be


accepted for registration

unless it contains a description of such property sufficient to identify the same

b) House in towns shall be described as situate on the north or other side of the
street or road (which

should be specified) to which the front, and by their existing and former
occupancies, and by their

numbers if the houses in such street or road are numbered.

c) other houses and lands shall be described by their names, if any, and as being in
the territorial

division in which they are situate, and by their superficial contents, the roads and
other properties on

which they about and their existing occupancies, and also, whenever it in
practicable by reference to a

government map or survey.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

d) No non-testamentary document containing a map or plan of any property


comprised therein shall

be accepted for registration unless it is accompanied by a true copy of the map or


plan, or, in case such

property is situate in several districts, by such number of time copies of the map or
plan as are equal to

the number of such districts.

Sec. 22 Description of the houses and land by reference to government maps or


survey: -

(i) Where it is, in the opinion of the state Government practicable to describe
houses, not being houses in

towns, and lands by reference to a government map or survey, the state


Government may, by rule made

under this Act, require tat such houses and lands as aforesaid shall, for the purpose
of sec. 21 be so

described.

(ii) save as otherwise provided by any rule made under sub-section (i) failure to
comply with the provisions

of sec 21, sub sec. (2) or sub-section (3), shall not disentitle a document to be
registered if the description of

the property to identify that property.

Attendant requirements of execution:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

It is essential for the draftsman before putting pen to paper to consider whether the
parties to a deed are free

to contract in the capacity in which they intend to contract. For instance, a minor
cannot contract except

through a guardian, natural or one appointed under the provisions of the Guardian
and wards Act, 1890 and

sometimes the leave of the court has to be taken before the deed can be executed.
In the case of joint Hindu

families a contract by a kurta has to be in his personal capacity and as manager of


his joint family. These

and such like impediments have to be taken into account and the draftsman would
be well advised to

thoroughly study this aspect of the matter.

After the deed has been drafted, if the parties are illiterate the deed should be read
out to them and

thoroughly explained to them. Execution includes attestation and the necessary


number of witnesses must

be present at the time when the parties put their signature or mark or cause the
same to be put upon the

deed. Thereafter the witnesses must be sign in the presence of the parties

Construction or interpretation of documents

Some of the main rules of constructing deeds are:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

a. The meaning of the document or of a particular part of it is to be sought for in


the document it self.

The intention of the parties must be discovered, if possible, from the expressions
they have used.

The question is not what the parties intended to say, but what they have said.

b. Clear and unambiguous words prevail over an intention, but if the words used
are not clear or

unambiguous the intention will prevail.

c. The plain, ordinary meaning of the words used is to be adopted in constructing a


document. Words

are to be taken in their literal meaning.

d. The literal meaning which the parties were in the habit of affixing to the
expression employed.

e. Technical legal terms will have their legal meaning.

f. Extrinsic evidence may be admitted, not for finding out the writer's intention, but
only to interpret the

language used.

g. The deed must be construed as a whole.

Exclusion of oral evidence by documentary evidence:

Once a document has been executed no oral evidence will be permissible in proof
of the terms of the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

contract, grant or other disposition of property except the document itself or


secondary evidence of the

contents of the document when permissible (sec.91, evidence Act, 1872)

When the document has been proved, no evidence of any oral agreement or
statement shall be admitted

for the purpose of contradicting, varying, adding to or subtraction form the terms
contained therein (sec.92

evidence Act, 1872)

When the language used in a document is on its face, ambiguous or defective,


evidence may not be given

of facts which would show its meaning or supply its defects. See 93 evidence Act.
1872)

When the language used in a document is plain in itself, and when it applies
accurately to existing fads,

evidence may not be given to show that it was not meant to apply to such facts.
(Sec.94)

When a language used in a document is plain in itself, but is unmeaningful in


reference to existing fact,

evidence may by given to show that it was used in a particular sense. (sec. 95,
Evidence Act)

Sec.96. when the facts are such that the language used might have been meant to
apply to anyone and
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

could not have been meant to apply to more than one, of several persons or things
evidence may be given

of facts which show which of those persons or things it was intended to apply to.

Sec.97. when the language used applies partly to one set of existing facts, and
partly to another set of

existing facts, but the whole of it does not apply correctly to either, evidence may
be given to show to which

of the two it was meant to apply.

Sec.98. Evidence may be given to sow the meaning of illegible or not commonly
intelligible characters, of

foreign, obsolete, technical, local and provincial expressions, of abbreviations and


of words used in a

particular sense.

Attestation:

To attest means to be witness to, Attestation is defined in sec. 3 of Transfer of


Property Act, 1882 thus

"Attested" in relation to an instrument, means and shall be deemed always to have


meant, attested by two

or more witnesses each of whom has seen the executants sign or affix his mark to
the instrument, or has

seen some other person sign the instrument in the presence and by the direction of
the executants, or has
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

received from the executants a personal acknowledgement of his signature or


mark, or of the signature of

such other person, and each of whom has signed the instrument in the presence of
he executants, but it

shall not be necessary that more than are of such witnesses shall have been present
at the same time, and

no particular form of attestation shall be necessary.

Some of the documents which are required by law to be attested are; Bonds
(sec.265 of stamp Act, 1899),

Gift deed in respect of immovable property (sec. 123, transfer of property Act,
1882) Mortgagee (sec.59,

Transfer of property Act, 1882) and wills (sec.63, Indian Succession Act, 1925).
Attestation is not necessary

for the validity of documents not required by law to be attested but in practice it is
invariably, adopted as the

witnesses can be called to prove the execution of the deed when required. The
witness must sign as a

witness and for the purpose of attesting the execution. A party to the document
cannot be and attesting

witness. It is not necessary that the attesting witnesses should be made aware of the
nature or contents of

the document. They are merely witnesses of the execution of the document by the
executants.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The rules relating to proof of execution of documents by attesting witnesses are


contained in sections 68 to

92 of the Indian Evidence Act, 1872. These sections real as below:

Sec.58. Proof of execution of document required by law to be attested: If a


document is required by

law to be attested, it shall not be used as evidence until one attesting witness at
least has been called for the

purpose of proving its execution, if there be an attesting witness alive, and subject
to the process of the

court and capable of giving evidence.

Sec.59. proof where no attesting witness found: It no such attesting witness can
be found, or if the

document purports to have been executed in the United Kingdom, it must be


proved that the attestation of

one attesting witness at least is in his handwriting, and that the signature of the
person executing the

document is in the handwriting of that person.

Sec.70. admission of execution by the party to attested document: The


admission of a party to an

attested document of its execution by himself shall be sufficient proof of its


execution as against him,

though it be a document required by law to be attested.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Sec.71 : Proof when attesting witness denies the execution may be proved by other
evidence.

Sec.72. proof of document not required by law to be attested: It the attesting


witness denies or does not

recollect the execution of the document, its execution may be proved by other
evidence.

Stamp Duty: Sec. 3 of the Indian stamp Act, 1899, provides that every instrument
shall be chargeable with

duty of the amount indicated in Schedule I Amendments have been made to the
stamp act by almost every

state. On account of this the duty chargeable on an instrument values from state to
state. Duty on an

instrument is payable as prescribed in the state in which the instrument is executed.


If the instrument is

sought to be used in another state, where the duty prescribed for that instrument is
higher, then the

difference between the two has to be paid in addition to the duty already paid
before the instrument can be

so used. A draftsman must be conversant with the requirements of the stamp Act;
He must familiarize

himself with the duty chargeable on the instrument in the state where the
instrument is executed. An
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

efficient draftsman has not only to Sec. that the proper duty is paid on an
instrument but also to be seen that

no extra or avoidable burden is placed in the executants. A clever and able


draftsman will easily be able to

word his instrument in such a manner as to be chargeable with the minimum duty

Sec. 10 and the rules made there under prescribed how stamp duties are to be paid
most instruments have

to be written on non-judicial stamp-paper of the requisite value. Sec. 11


enumerates the instruments which

maybe stamped with adhesive stamps.

An instrument not duly stamped is not invalid, but it is incapable of being used in
evidence until it is stamped

properly. Sec. 35 of the stamp Act lays down the disabilities with which an
instrument not duly stamped

suffers. Sec. 62 provides that every person executing, making or using an


instrument without the some

being duly stamped shall be punishable with fine which may extend to five
hundred rupees.

Registration

(i) Compulsorily and optionally registrable documents.- Sec. 17 of the


Registration act, 1908 enacts
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

that where a document is executed to effectuate any of the transactions spe~ified in


Sec. 17,' such

document must be registered not with standing that the transaction is one which the
law does not require to

be in writing. The registration of these documents is compulsory. Sec. 18 specifies


the documents of which

registration is optional. In fact every document can be registered some state


amendments provide that the

registering officer shall refuse to register any document presented to him for
registration unless it is

accompanied by a time copy thereof.

(ii) Time of Presenting: A document must be presented for registration within


four months of its execution

(Sec. 23). Where a document is executed by different persons at different times it


may be presented for

execution within four months form the date of each execution. The sub-registrar
has no power to extend the

time or to condone the delay in presenting a document for registration. But where a
document could not be

presented within time owing to urgent necessity or unavoidable accident" the


Registrar, when the delay in

presentation does not exceed four months may condone the delay on payment of a
fine not exceeding ten
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

times the amount of the proper registration fee. There does not appear to be any
power to condone delay

beyond four moths. However, a will may be presented for registration at any time.

(iii) Place of Presenting: A document relating to property has to be presented for


registration in the office of

the sub-registrar within whose sub-district the whole or some portion of the
property to which the

documents relates is situate. Other documents maybe presented for registration


either in the office of he

sub-Registrar in whose sub-district the document was executed or in the office of


any other subRegistrar

under the state Government at which all the person executing and claiming under
the document desire it to

be registered.

The Registrar may in his discretion receive and register any document which might
be registered by ay subregistrar subordinate to him.

(iv) Who may present document for registration registration: A document to


be registered is

required to be presented at the proper registration office:

(a) By some person executing or claiming under it;

(b) By the representative or assign of such person, or


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(c) By the agent of such person, representative or assign, duly authorised by a


power of attorney

executed and authenticated in accordance with the provisions of Sec.33

(d) Effect of registration : A registered document operates from the time from
which it was intended to

operate and not from the date of registration.

A registered document, other than a will relating to property, takes effect against
any oral agreement or

declaration relating to such property except when the oral agreement or declaration
is accompanied or

followed by delivery of possession and the same constitutes a valid transfer under
the law.

(vi) Effect of non-registration: A document which is compulsorily registrable but


is not registered fails to

effect and is void as regards immovable property. It cannot affect any immovable
property comprised

therein or confer any, power to adopt. It cannot be received in evidence of any


transaction affecting such

property or conferring such power. But such a document may be received as


evidence of a contract in a suit

for specific performance or as evidence of part-performance of a contract for


purposed of Sec. 53-A of the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

transfer of property Act, 1882. Or as evidence of any collateral transaction not


required to be effected by a

registered instrument (Sec. 49 of the Registration Act, 1908) Sec. 49 hits


instruments and not transactions.

A registered document relating to immovable property takes effect as regards the


property comprised

therein against unregistered document relating to the same property even j the two
documents are not of

the same nature (Sec. 50)

Hints on drafting: on drafting: The object with which a document is executed is


to state the intentions of the

parties in the dearest possible language in order to keep the evidence of those
intentions in writing. The first

duly d a draftsman, therefore, is to have a clean conception of what the intentions


of the parties are and then

to examine how far their wished can be carried out without contravening the
provisions of law for this he

must have a sound knowledge of laws. This will also enable him to find out the
facts from the parties which

are necessary for drafting a proper which are necessary for drafting a proper deed.
Nothing should be

inserted or omitted for which there is no satisfactory reason. Only material facts
should be stated. All facts
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

are material, the statement of which is essential to the validity of the transaction.
Conclusions or inferences

of law or facts should be avoided. It is a common error of unskilled draftsmen to


make negative statements.

This should not be done. Thus, in stating that A and B took as tenant- in-common
it is unnecessary to add

"and not as Joint tenants". Where however, the happening of a condition


subsequent depends upon the

non-existence of a particular fact or event, a statement of the negative fact or event


becomes material. The

language of the document be clean and precise.

It is desirable to use technical expressions which have acquired a clear meaning


and to avoid unusual

words and expressions which cause confusion. Facts should, as a general rule, be
stated in chronological

order both in the recital and the operative parts.

(ii) SALE DEED

Sale of immovable property is defined in Sec. 54 of the Transfer of Property Act,


1882 as a transfer of

ownership in exchange for a price paid or promised or part paid and part promised.

Sale of goods (movable property) is defined in Sec. 4 of the Sale of Goods Act,
1930 as a contract whereby
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

property in goods is actually transferred by the seller to the buyer for a price.

Price: Price is not defined in the transfer of property Act, but is defined in Sec. 2
(10) of the Sale of Goods

Act to mean the money consideration for a sale of goods. In he case of CITV.M. &
G. Stores, (AIR 1968 SC

200) the Supreme Court has held that in the absence of any definition in the
transfer of property Act, the

word 'price' used in Sec. 54 of that Act must be construed in the same sense in
Which it is used in a See A

read with Sec. 2(10) of the sale of Goods Act that is money consideration it has
further been observed by the

Supreme Court in the abovementioned case that the presence of money


consideration is an essential in a

transaction of sale and that if the consideration is an essential in a transaction of


sale and that if the

consideration is not money but some other valuable consideration the transaction
may be an exchange not

a sale. Money consideration does not necessarily mean case consideration. A


decretal amount,

outstanding debts and other monetary liabilities can be price in a sale. If no price is
paid or promised even a

registered deed does not affect a sale.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The law does not require that the consideration should be immediately
ascertainable in money. It is

sufficient if it is ascertainable at the time when payment is made. The actual


payment of prince is not

essential to the completion of a sale. The sale is complete as soon as the sale deed
is registered even if the

payment of price is promised on a future date provided it has been ascertained or


made as certain able.

Immovable and Movable Property:

Immovable property is defined in Sec. 2 (26) of the General Clauses Act, 1897
thus:

"Immovable property" shall include land, and things attached to the earth, or
permanently fastened toanything attached to the earth.In Sec. 3 of the transfer of
property Act it is stated that for purposes of this Act, "Immovable property" does
not include standing timber, growing crops or grass. Thus, in the transfer of
property Act, "Immovable property" has a slightly restricted meaning.Movable
property is defined in Sec. 2 (30) of the General clause Act to mean property of
every description

except immovable property. The Sale of Goods Act, does not define movable
property but defines "goods"

to mean every kind a movable stock and shares, growing crops, grass and things
attached to or forming

part of the land which are agreed to be served before sale or under the contract of
sale.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Intangible Property: The words 'tangible' means something that can be touched,
i.e., a material object. All

abstract right are incapable of being touched and are hence intangible. Some
examples of intangible

property are good will of business, chooses in action, mortgagee rights, lessee
rights and the interest of a

partner in a partnership.

What may be Transferred or Sold: Generally, the right to property includes the
right to transfer it to

another person. Sec. 6 of the transfer of property Act provides that property of any
kind may be transferred,

except as provided buy this Act or by any other low for the time being in force. To
this rule clauses (a) to (i) of

Sec. 6 constitute exceptions. These clauses read:

a. The chance of an heir-apparent succeeding to an estate, the chance of a relation


obtaining a legacy

on the death of a kinsman or any other mere possibility of a like nature, cannot be
transferred

b. A mere right of reentry for breach of a condition subsequent cannot be


transferred to anyone except

the owner of the property affected thereby'


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

c. An easement cannot be transferred apart from the dominant heritage.

d. An interest in property restricted in its enjoyment to the owner personally cannot


be transferred by

him.

(i) A right to further maintenance, in whatsoever manner arising, secured or


determined, cannot be

transferred.

e. A mere right to sue cannot be transferred.

f. A public office cannot be transferred, nor can the salary of a public officer,
whether before or after it

has be become payable.

g. Stipends allowed to military, naval, air force and civil pensioners of the
government and political

pensions cannot be transferred.

h. No. transfer can be made.

b) Insofar as it is opposed to the nature of the interest affected thereby, or

c) For an unlawful objected or consideration within the meaning of section 23 of


the Indian contract

Act, 1872, or

d) To a person legally disqualified to be transferee.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

i) Nothing in this shall be deemed to authorize a tenant having an un transferable


right of occupancy,

the farmer of and estate in respect of which default has been made in paying
revenue, or the lessee

of an estate under the management of a court of wards, to assign his interest as


such tenant, former

or lessee.

Persons Competent to Transfer:

see. 7 at the Transfer of Property Act deals with the competency to be a transfer.
The transfer must be:

(i) Competent to contract, and

(ii) Have title to the property, or authority to transfer if not his own.

Who is competent to contract is laid down in Sec. 110f the contract Act, Sec. 11,
reads:

Every person is competent to contract who is of the age of majority according to


the law to which he is

subject, and who is of sound mind, and is not disqualified from contracting by any
law to which he is subject.

Consequences of Transfer and Rights and Liabilities of Buyer and Seller:

Section 8 lays down the consequences which follow from the transfer of property.
All interests which the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

transferor is capable of passing passes forthwith to the transferee, if the property is


land, the easements

annexed, the rents and profits accruing after the transfer and all things attached to
the earth pass to the

transferee and if the property is machinery attached to the earth, the movable parts
thereof. In the case of a

house, the casements annexed to it. The rent the locks, keys, bars, doors, windows
and all other things

provided for permanent use there in pass to the transferee. It the property is a debt
or other actionable

claim, the securities therefore but not arrears of interest accrued before the transfer.
And if the property is

money or other property yielding income, the interest or income accruing after the
transfer passes to the

transferee. But it is open to the parties to provide, expressly or by necessary


implication that consequences

other than those mentioned above will flow from the transfer.

The rights and liabilities of the buyer and seller are set out in detail in section 55 of
the transfer of property

Act. These conditions are implied in every transfer and it is not necessary to
mention them in the deed of

transfer. But it is open to the parties, by agreement, to supplement these or to vary


them or anyone or more
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

of. When this is done specific mention must be made in the deed of the added
condition or of the varied

condition.

Unlawful Conditions which may not be Included in Deeds of Transfer:

Sec. 10 makes void a condition absolutely restraining the transferee from parting
with or disposing of his

interest in the property. Sec. 11 provides that in cases of transfers of absolutE:


interest a condition

restricting the enjoyment of the property will be ignored. Sec. 12 enacts that a
condition making the interest

of the transferee determinable on insolvency or attempted transfer shall be void.


This section doesn't apply

to a condition in a lease for the benefit of the lesser. By Sec. 13 an interest created
for the benefit of an

unborn person subject to an interest created by the same transfer, shall not take
effect unless the interest

created for the benefit of the unborn person extends to the whole of the remaining
interest of the transferor

in the property. Sec. 14 lays down the rule against perpetuity.

It makes inoperative a transfer which postpones the power of alienation to one or


more lives in existence
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

and the period of minority of a person who shall be in existence at the expiration of
those lives.

It is advisable for the draftsman to study these provisions before in cooperating


conditions in a deed of

transfer.

Sale how effected: Registration

There are only two modes of transfer by sale and these are: -

(1) By registered instrument, and

(2) By delivery of possession.

(i) Tangible immovable property of the value of RS.1 00 and upwards,

(ii) A reversion, and

(iii) Other intangible thing can be made only by a registered instrument. A sale of
tangible

immovable property a value less than Rs. 100/- can be made either by a registered
instrument or by

delivery of property.

Sec. 54 of the Transfer of Property Act has been amended in Utter Pradesh with
the result that a sale of

immovable property or whatever description and of whatever valuation can be


made only by a registered
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

instrument. A contract for the sale of immovable property can also be made only
by a registered instrument.

Form and Content of a Sale Deed :

A sale deed is usually executed as a deed poll by the vendor and written in the first
person. The law does not

require execution by the purchaser also. Sometimes it is executed as a deed


between the ' vendor and the

purchaser, particularly when it contains covenants binding on the purchaser.

A sale deed must contain, apart from the description of the deed and the date,
details of the following

elements:

(i) The parties,

(ii) The capacity and capability of the vendor to transfer the property,

(iii) The vendor title to the property,

(iv) The property and its capability of being transferred,

(v) The encumbrances and charges, if any, upon the property and whether the sale
is subject to the

encumbrance and charges, and whether any money was being left with the
purchaser to payoff the

encumbrance and charges.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(vi) The price settled, how and when paid or to be paid, (earnest money if paid to
be set-off).

(vii) The other terms agreed upon (the implied terms and conditions set out in
section 55 of the Transfer

of Property Act. need not be mentioned unless there is a variation in any of them).

(viii) Delivery of possession, actual or constructive.

Though not so required by any law, a sale deed is usually attested by two
witnesses.

Sale and agreement to sell movable goods may be made either in writing, or by
word of mouth or partly in

writing and partly by word of mouth, or may be implied by the conduct of the
parties. Writing is not necessary

in any case whatever may be the nature or value of the property. An agreement to
sell is generally drawn up

in writing when the property is or large value or it is not in existence at the time of
the agreement.

Stamp Duty:

Stamp duty in a sale deed is chargeable under Art. 23 schedule I of the Stamp Act.
Transfers covered by Art

62 and assignment of copy right under the copy right Act, 1957 are not covered by
this article. The duty

chargeable is advalorem.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Effect of Non-registration :

If a sale deed which is required to be registered, there is no transfer and property


does not pass. This is so

even if the sale deed is executed in respect of tangible immovable property of


value less than Rs.100

though the sale is not required to be effected by a registered instrument, but if such
a sale deed is

accompanied by delivery of possession the sale would be effective in spite of non-


registration. An

unregistered sale deed maybe used as evidence of the character of possession.


Twelve years possession

under an unregistered sale deed of immovable property, of whatever value will


create title by adverse

possession.

Students can draft the sale deed with the help of different books of conveyancing

(iii) MORTGAGE DEED

Definition of Mortgage: The Transfer of Property Act, 1882, Sec. 58, defines a
mortgage. A mortgage is :

(a) The transfer of an interest,

(b) In specific immovable property.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(c) For the purpose of securing.

(i) The payment of money advanced or to be advanced by way of loan, or

(ii) An existing or future debt, or

(iii) The performance of an engagement which may give rise to pecuniary liability.

The transfer of an interest in immovable property must, in order to Constitute


institute a mortgage, before

one of the purposes mentioned on (c) above. Not only rights of ownership but other
interest in immovable

property can be mortgage, like lessee's rights, mortgaged, rights and mortgage's
rights. A mortgage by the

owner is known as a mortgage of proprietary rights, of mortgager's rights as


mortgage of equity of

redemption or subsequent mortgage and of mortgage rights as sub-mortgage.

Transfer of an Interest

These words are to be contrasted with the words "transfer of ownership" used in
the definition of sale in

section 54. In a sale all the rights of ownership, which the transferor has, pass to
the transferee. In a

mortgage out of the bundle of tights which constitute ownership, some are
transferred to the mortgagee and

some remain vested in the mortgagor. The rights remaining with the mortgagor
(also called equity of
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

redemption) can again be transferred.

Specific Immovable Property

The word "specific" shows that the description of the immovable property should
not only be free from

ambiguity and uncertainty, but that it should be specific as distinguished from


general. The description must

at least be sufficient to identify the property. The ruses laid down in Sec. 21 and 22
Registration Act for

description of property must be followed. A proper description of the property is


necessary to create a

mortgage and for its registration.

Securing payment of money advanced or to be advanced by way of loan a


mortgage maybe exacted to

secure a loan of money already taken or to secure a future loan. A "security",


speaking generally, is anything

that makes the money more assured in its payment or more readily recoverable. It
is the assurance in its

payment or ready recoverability that constitutes a particular thing a security for the
debt. A mortgage may be

executed for the purpose of providing a security for the repayment of a loan
already taken or for a loan to be

taken in future. A mortgage may not only be made for a specific sum but to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

secure a current account . between the parties up to a limit named. It is sufficient if


the money is left at the

mortgager's disposal in a bank deposit

Securing an Existing or Future Debt:

A mortgage may be made as security for the payment of a present debt or for the
payment of a debt that may

be incurred in future. A mortgage may be made to secure the unpaid price of a


house purchased. A future

debt may be a contingent liability, e.g. to secure the payment of the respondent's
costs in appeal. A security

bond given to an officer of the court to secure an amount that may be decreed or
ordered by the court is a

mortgage to secure a future debt.

Securing the Performance of An Engagement:

The word "engagement" means a contract and the qualification "as may give dse to
pecuniary liability"

means a contract the fulfillment or non fulfillment of which may result in a liability
to pay money. In other

words it contemplates a liability to pay money arising out of a contract. It includes


cases in which there is a

legal obligation to pay damages or to pay for the value of improvements due to a
person who is to continue
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

in possession of the land.

Kind of Mortgages:

Section 58 of the transfer of property Act enumerates six kinds of mortgages.

(i) Simple Mortgage: the salient features are:

(a) Mortgager under takes personal liability for repayment.

(b) No possession of mortgaged property is delivered.

(c) On mortgager's default in making payment mortgagee is entitled to cause


mortgaged

property to be sold.

(d) There is no foreclosure of the mortgaged property.

(e) No power of sale out of court. Power to sell mortgaged property is only
obtained on a decree

for sale being obtained.

(f) The mortgage must be effected by a registered deed even if the consideration is
below Rs.

100.

(ii) Mortgage by Conditional Sale: the salient features

(a) The mortgage ostensibly sells the mortgaged property.

(b) The stipulation being that the sale shall be absolute in default of payment by a
particular
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

date or that the sale shall be void on payment by a particular date and the property

retransferred.

(c) The remedy of he mortgage is by foreclosure and not by sale.

(d) The mortgage must be by registered deed if the consideration is Rs. 100 or
more. If the

consideration is less than Rs. 100 possession is necessary.

(e) The transaction must be embodied in a single deed.

(iii) Usufructuary Mortgage: the salient features are:

(a) There is delivery of possession of the mortgage property to the mortgagee.

(b) The property remains in the possession of the mortgagee till full repayment.

(c) The profit of the property is appropriated by the mortgagee towards liquidation
of the

advance.

(d) The property is returned when the amount due is personally paid or is
discharged by rent

and profits received.

(e) There is no remedy by sale or foreclosure.

(f) The mortgage must be affected by a deed registered if the consideration is Rs.
100;
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

registration is optional but delivery of property is essential.

(iv) English mortgage: the salient features are:

(a) The mortgage property is transferred absolutely by the mortgage to the


mortgagee.

(b) There is a personal covenant to repay on a certain date.

(c) There is a stipulation for its retransfer in case of repayment of the loan.

(d) the remedy of the mortgagee is by sale and not by fore closure.

(e) power of sale out of court is conferred on certain persons under some
circumstances (Sec.

69)

(v) mortgage by deposit of title deeds: the salient features are:

(a) Such a mortgage is only created in the towns of Calcutta, Chennai, and Mumbai
in any other

town which the state Government may by notification in the official Gazette,
specify. A

number of towns and cities have been specified.

(b) It is created by delivery of the material title deeds in respect of the mortgaged
property to the

mortgagee; no delivery of possession of property takes place.

(c) It is made only for the purposes of securing a past debt or advance or to cover
future
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

advances.

(d) No registration is necessary even if there is a writing recording the deposit.

(e) The remedy is by sale and not by fore closure.

(f) All the provisions relating to a simple mortgage apply to an equitable mortgage

(vi) Anomalous mortgagee: The salient features are:

(a) A mortgage which is not a mortgage of the 5 kinds enumerated above is an


anomalous

mortgage.

(b) It may be a combination of two or more kinds of mortgages

(c) The remedy is by sale or by foreclosure depending on he terms of the deed.

(d) It the mortgage is foe a consideration of Rs. 100 or more the deed must be
registered, if

below Rs. 100 delivery of possession is essential, registration is optional.

Mortgage Registration:

(i) A simple mortgage can, whatever be the amount secured, only be made by a
written

instrument signed by the mortgagor attested by at least two witnesses and


registered.

(ii) For a mortgage by deposit of title deeds no formalities are prescribed. It can be
either oral or
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

written. When such a mortgage so reduced to writing it must be attested by at least


two

witnesses and registered if the money secured is a Rs. 100 or more. But a mere

memorandum of an oral mortgage does not require registration.

(iii) The other four kinds of mortgage, if the amount secured is Rs. 100 or above
can only be

effected by a written instrument signed by the mortgage, attested by at least two


witnesses

and registered. If the amount secured is less than RS.1 00 the mortgages can be
effected

either by a written instrument signed by the mortgagor, attested by at least two


witnesses

and registered or by delivery of the property.

A mortgage may be drafted either as added poll (unilateral document) exacted by


the mortgagor and the

mortgagee.

Right of Redemption:

The mortgager's right of redemption after the date fixed for payment is called the
equity of redemption. The

mortgagor who has parted with some rights of ownership has the right to resume
what he has parted with.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The right cannot be fettered or taken away by any term or condition in the
mortgage deed.

The right of redemption arises when the principal money secured by the mortgage
has become due and

may be exercised at any time thereafter, subject of the law of limitation. It is,
however, permissible for the

parties to make a provision that the mortgagor may discharge the debt within a
specified period and take

back the property. The right is exercised by the payment or tender to the mortgagee
at the proper time and

at the proper place of the mortgage money.

The right of redemption is regulated by sec. 60 of the transfer of property Act, and
the right of usufructuary

mortgagor to recover possessor is governed by Sec. 62.

Right of foreclosure:

The right of foreclosure is a right of the mortgagee to obtain a decree absolutely.


Debarring the mortgagor

from exercising his right to redeem the property. The result of the passing of a
decree for foreclosure is that

the mortgaged property vests in the mortgagee and the mortgagor cannot recover it.
But this right can only
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

be exercised in the case of a mortgage by conditional sale and in an anomalous


mortgage the terms

whereof provide for foreclosure.

Another right which a mortgagee has is applying to the court for a decree for the
sale of the mortgage

property to satisfy the amount secured by the mortgage. A usufructuary mortgagee


and a mortgagee by

conditional sale cannot exercise this right.

These rights can be exercised, in the absence of a contract to the contrary after the
mortgage money has

become due and before a decree for redemption had been passed or the mortgage
money has been paid or

deposited (Sec. 67).

Mortgagee's right to sue for mortgage money: -

While Sec. 67 provides remedies against the mortgaged property Sec. 68 provides
a personal remedy

against the mortgager. The circumstances in which a suit for the mortgage money
can be filed are

enumerated in Sec. 68.

Stamp Duty on mortgager of immovable property - stamp duty is chargeable under


Art. 40 schedule I of the

stamp Act.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(iv) LEASE DEED

A lease of immovable property is defined in Sec. 105, of the Transfer Act. 1882. It
consists of the

following elements:

(i) There must be a transferor (lessor) and a transferee (lessor) who both agree to
the

transaction;

(ii) The lease must be a for a certain time, express or implied, or in perpetuity
(period or

duration),

(iii) There must be transfer of the right to enjoy immovable property

(iv) The transaction must be in consideration of a price paid or promised


(premium, salami or

nazrana);

(v) In consideration of money a share of crops, service or any other thing of value
to be

rendered periodically or on specified occasions to the transferor by the transferee


(rent).

Essentials of lease: - The essential elements of a lease are:

(i) The lessor must have the capacity and the right to granta lease. Under Sec. 7 of
the transfer of property
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Act every person competent to contract and entitled to transferable property not his
own, is competent to

transfer such property. Though a minor cannot, his guardian can grant a lease. The
manager of a lunatic,

the karta of a joint Hindu family, can grant a lease. But one out of several
Conveyancing-shares cannot

grant a lease unless he is authorized by all the Co-sharers to do so;

(ii) The immovable property should be transferable;

(iii) The commencement date and the period or duration of the lease;

(iv) The premium to be fixed,

(v) The rent payable and the time when it is to be paid.

Duration and commencement of lease: -

The commencement of a lease must be certain in the first instance, or capable of


being ascertained with

certain after wards, so that both the time when it begins and the time when it
begins and the time when it

ends is fixed.

It is open to the parties to fix the duration or period of the lease. They can even
make a perpetual lease.

Where land is let out for building purpose and no period is fixed the presumption is
that it was intended to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

create a permanent tenancy. (AIIR 1962 SC 413) Sec. 106 of T P Act provides that
in the absence of a

contract or local law or usage to the contrary for agricultural or manufacturing


purposes shall be deemed to

be lease from year to year, and a lease for any other purpose shall be deemed to be
a lease from month to

month.

Sometimes a lease contains a renewal clause. The renewal May be at the option of
the lessor or the lessee

or of both. The option does not affect the duration. of the lessee or of both. The
option does not affect the

duration of the lease because until exercise it creates no interest in the added ferm.

Premium and rent: -

A lease may be granted on payment of premium alone or rent alone or on payment


of both premium and

rent. A "zarpeshgi lease" is a lease for a premium. Though in some cases premium
in the form of pugree or

salami or nazrana is also taken in addition to rent, most of the lease are for rent
alone. Premium can also be

paid in installments.

In a month-to month tenancy rent is usually payable monthly. But even in a yearly
tenancy the parties may
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

stipulate payment of rent monthly. This can be done even in cases of tenancies for
fixed periods.

Right and liabilities of the lessor: -

In the absence of a contract or local usage to the contrary the lessor possesses and
is subject to the

liabilities mentioned below;

(a) The lessor is bound to disclose to the property, with reference to its intended
use, of which the

former is and the latter is not aware and which the latter could not with ordinary
care discover;

(b) The lessor is bound on the lessee's request to· put him in possession of the
property.

(c) The lessor shall be deemed to contract with the lessee that, if the latter pays the
rent reserved by the

lease and performs the contract binding on the lessee he may hold the property
during the time

timed by the lease without interruption.

The benefit of such contract shall be annexed to and go with the lessee's interest as
such, and may be

enforced by every person in whom that interest is for the whore or any part there of
from time to time vested.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

These will be implied in every lease unless provided otherwise. It is not necessary
to set them out in the

lease deed.

Rights and liabilities of the lessee:-

In the absence of a contract or local usage to the contrary the lessee possesses and
is subject to the

liabilities mentioned below:

a) If during the continuance of the lease any accession is made to the property such
accession

(subject to the law relating to alluvion for the time being in force. Shall to be
comprised in the lease;

b) if by fire, tempest or flood, or violence of any army or of a mob, or other


irresistible force, any material

part of the property be wholly destroyed or rendered substantially and permanently


unfit for the purpose

for which it was let, the lease shall at the option of the lessee, be void;

Provided that, if the injury be occasioned by the wrongful act or default of the
lessee, he shall not be

entitled to avail himself of this benefit of this provision;

c) If the lessor neglects to make within a reasonable time after notice, any repairs
which he is bound to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

make to the property, the lessee may made the same himself; and deduct the
expense of such repairs

with interest form the rent, or otherwise recover it from the lessor;

d) If the lessor neglects to make and payment which he is not made by him, or
recoverable form the

lessee or against the property, the lessee may make such payment himself, and
deduct it with interest

form the rent, or otherwise recover it from the lessor;

e) The lessee may even after the determination of the lease remove, at any time
whilst he is in

possession of the property leased, but not after-wards, all things which he has
attached to the earth;

provided he leaves the property in the state in which he received it;

f) When a lessee he or his legal representative is· entitled to all the crops planted or
sown by the

Lessee and growing upon the property when the lease determines, and to free
ingress and egress

together carry them;

g) The lessee may transfer absolutely by way of mortgage or sublease the whole or
any part of his

interesting the property, and any transferee of such interest or part may again
transfer it. The lessee
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

shall not by reason only of such transfer, cease to be subject to any of the liabilities
attaching to the

lease;

Nothing in this clause shall be deemed to authorize a tenant having an un


transferable right of

occupancy, the farmer of an estate in respect of which default has been made in
paying revenue, or the

lessee of an estate under the management of a court of words, assign his interest as
such tenant,

farmer or lessee;

h) The lessee is bound to disclose to the lessor any fact as to the nature or extent of
tile interest which

the lessee is about to take of which the lessee is, and the lessor is not, aware, and
which materially

increased the value of such interest;

i) The lessee is bound to payor tender, at the proper time and place, the premium or
rent to the lessor

or his agent in this behalf;

j) The lessee is bound to keep, and on the termination of the lease to restore, the
property in as good a

condition as it was at the time when he was put in possession, subject only to the
changes caused by
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

reasonable wear and tear or irresistible force, and to allow the lessor and his agent
at all reasonable

times during the term to enter upon the property and to allow the lessor and his
agents, at all reasonable

times during the term, to enter upon the property and inspect the condition there of
and give or leave

notice of any defect in such condition, and when such defect has been caused by
any act or default on

the part of he lessee, his servant or agents, he is bound to Take it good within three
months after such

notice has been given or left;

k) If the lessee becomes aware of any proceeding to recover the property or any
part thereof or of any

encroachment made upon, or any interference with the lessor's rights concerning
such property he is

bound to give, with reasonable diligence, notice thereof to the lessor;

l) The lessee may use the property and its products ((if any) as a person of ordinary
prudence would

use them if they were his own, but he must not use, or permit another to use, the
property for a purpose

other than that for which it was leased, or fell or sell timber, pull down or damage
buildings belonging to
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

the lessor, or work mines or quarries not open when the lease was granted or
commit any other act

which is destructive or permanently injurious thereto;

m) He must not without the lessor's consent, erect on the property any permanent
structure, except for

agriculture purposes;

n) On the determination of the lease, the lessee is bound to put the lessor into
possession of the

property.

Lessee holding over

Where a person who has been in possession under a lawful lease continues in
possession after the lease

has been determined without the consent of the lessor he is said to be a tenant at
sufferance. In such a case

the possession was rightful in its inception but wrongful in its continuance; whist
the possession of a

trespasser is wrongful both in its inception and in its continuance. Such a tenant
can be evicted without

giving notice to quit.

If a lessee remains in possession after determination of the lease and the lessor
accepts rent from him or
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

otherwise assents to his continuing on possession the lease is renewed from year to
year or from month to

month according to the purpose for which the property was leased. The tenant is
called a tenant holding

over.

A tenancy at will is one which is terminable at the will either of the landlord or of
the tenant. It can be created

by express agreement

Leases How Made : Registration

A lease of immovable property -

(a) from year to year, Of

(b) For any term exceeding one year, or

(c) Reserving a yearly rent,

Can be made only by a registered instrument. All other leases of immovable


property may by made by a

registered instrument or by oral agreement accompanied by delivery of possession.


The lease deed is to be

executed both by the lessor and the lessee. A lease should be drafted as a deed
between the landlord

(lessor) and the tenant (lessee) .

Determination of leases
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

A lease of immovable property determines

(a) By efflux of the time limited thereby;

(b) Where such time is limited conditionally on the happening of some event, by
the happening of such

event;

(c) Where the interest of the lessor in the property terminates on; or his power to
dispose of the same

extends only to the happening of any event, by the happening of such event;

(d) In case the interests of the lessee and the lessor in the whole of the property
become vested at the

same time in one person in the same right

(e) By express surrender, that is to say in case the lessee yields up his interest
under the lease to the

lessor, by mutual agreement between them;

(f) By implied surrender;

(g) By for feature, that is to say

(1) In case the lessee breaks an express condition which provides that on breach
there of the lessor

may re-enter, or

(2) In case the lessee renounces his character as such by setting up a title in a third
person or by
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

claiming title in himself;

(3) The lessee is adjudicated an insolvent and the lease provides that the lessor may
re-enter on the

happening of such event; and in any of these gives notice in writing to the lessee of
his intention to

determine the lease;

(h) On the expiration of a notice to determine the lease, or to quit, the property
leased, duly given by one

party to the other.

Notice to Quit : Waiver of Notice

A lease from year to year can be terminated either by the lessor or the lessee by
giving to the other six

months notice expiring with the end of the year of the tenancy. And a lease from
month to month can be

terminated either by the lessor or the lessee by giving to the other fifteen days
notice expiring with the end of

the month of tenancy. Simple notice to quit or the expiry of six months in the case
of tenancies from year to

year and 30 days in the case of tenancies from month to month, from the date of
the receipt of the notice, is

sufficient in U.P.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The notice must be in writing, signed by or on behalf of the person giving it, and
either be sent by post to the

party who is intended to be bound by it or be tendered or delivered personally to


such party or to one or his

family or servants at his residence, or (if such tender or delivery is not practicable)
affixed to a conspicuous

part of the property.

A notice to quit is waived, with the express or implied consent of the person to
whom it is given, by any act on

the part of the person giving it showing an intention to treat the lease as subsisting.
A typical case of waiver

is acceptance of rent for a period after the expiry of the notice.

Effect of rent and eviction control legislation:

In every state there is legislation affecting the rights of lessors and lessees of
residential and commercial

buildings. They override the provisions of the Transfer of Property Act. Legislation
in one state differs from

that in another, but all such legislations control and restrict the rent payable and the
grounds on which a

tenant may evicted. Some enactments regulated duration ofa lease, some forbid the
payment of premium
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

and some even control the letting out to the extent that this function is exercised by
the authorities. It is

desirable to study the local rent control and evection legislation before entering
into a transaction of lease

and before taking any action on the basis of a lease.

Execution and stamp duty -

Leases can either be oral or written and registered. A lease which is permitted to be
made by oral

agreement will be valid only if accompanied by delivery of possession it such a


lease is reduced to writing it

must be registered and delivery of possession will not validate it. An unregistered
written lease is a not valid.

A written registered leases should be attested by at least to witnesses.

Stamp duty on a deed of lease is chargeable under Art. 35, schedule I of the Stamp
Act. The amendments

made by the relevant state legislation may be studied to find out the actual amount
of stamp duty payable.

For drafting of lease deed students refer book on drafting of Conveyancing.

(V) GIFT DEED

Section 122 of the Transfer of Property Act, 1882 defines 'gift' thus:

(i) Gift is the transfer of certain existing movable or immovable property and not
of future
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

property;

(ii) It must be voluntary; it should not be induced by coercion, undue influence,


fraud or

misrepresentation;

(iii) It should be without consideration: it can be for natural love and affection or
for past

consideration. it cannot be for natural love and affection or for past consideration,
it

cannot be for present or future consideration;

(iv) It must be accepted by the donee. It may be pointed out that the definition of
gift in the Gift

Tax Act.1958, includes a transfer for inadequate consideration, a release, a


discharge

and surrender. But this definition is for the purposes of gift tax only.

Persons Capable of Making Gifts :

A person who is competent to contract can make a valid gift. A minor or a lunatic
cannot make a gift. The

donor must also have a disposing power over the property sought to be gifted.

Who can be Donee: The donee must be on existing person. He must be an


ascertained or ascertainable

person. A gift can be made in favour of a minor or a Hindu idol. But a gift in
favour of the public, to dharma or
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

for worship of God is void for vagueness of donee. A gift can be made in favour of
a legal person. It can even

be made in favour of government.

Acceptance of Gift: Acceptance of a gift be in behalf of the donee is essential to


the validity of a gift. The

acceptance must be made during the lifetime of the donor and while he is still
capable of giving. If either the

doner or the donee dies before acceptance the gift is void the acceptance can be
made either orally or by

conduct (e.g., by taking possession of the property) or in writing.

The best and the safest course is to join the donee as a party to the deed and to state
the acceptance of the

gift in the deed itself. Or a separate endorsement may be made by the donee on the
deed accepting the gift

and signed by him

A gift may be accepted on behalf of a minor by his guardian and on behalf of an


idol by its manager. The

donee's receiving the gift deed form the donor after execution thereof, and
presenting it for registration and

getting its registered, amounts to acceptance of the gift.

Gifts under Hindu Law:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The right given and the restrictions imposed by Hindu law in respect of the powers
of a Hindu to make a gift

still apply but the made of making a gift is governed by the provisions of chapter
VII of the Transfer of

Property Act. Thus a gift by a Hindu of his separate and self-acquired immovable
property can only be made

in the manner prescribed by Sec. 123 of the transfer of property Act, and it has to
be accepted by the donee.

Gift under Mohammedan Law

The Mohammedan law of gifts is unaffected by the provisions of the Transfer of


Property Act. Since

Mohammedan law permits an oral gift even with respect to a gift of immobile
property a registered

instrument is not necessary for such a gift by a Mohammedan under Mohammedan


law the essentials of a

gift are a declaration of gift by the doner, the acceptance of the gift b Y the donee
and delivery of possession

such as the subject of 'the gift is susceptible of even a registered deed of gift is
ineffectual under

Mohammedan law if it is not accompanied by delivery of possession.

Under Mohammedan law a Mohammedan can make a valid gift to a Hindu or any
other person and such a
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

gift is governed by the law of the donor.

Gift How Made

The mode of making gifts is prescribed by Sec. 123 of the transfer of property, can
only be made by a written

instrument signed by the donor, attested by at least two attested. A gift of movable
property may be made

either by a written, attested and registered document or by delivery of the property


to the donee.

It is permissible to make conditional gifts. The donor and donee may agree that on
the happening of any

specified event which does not depend on the will of he donor a gift shall stand
revoked. A gift which the

parties agree shall be revocable at the will of the donor. A gift can be made which
is effective only during the

lifetime of the donee. A donor can reserve a right in himself for life to take the
profits of the property gifted or

he may also, while making an outright gift, impose a condition that the donee shall
maintain him. A gift may

also be made for a specific purpose and on the failure of that purpose the property
reverts to the donor.

Revocation of Gifts
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

A gift once duly made and accepted cannot be revoked. A conditional gift which
provides that it shall stand

revoked on the happening of a specified event which does not depend on the will
of the donor is revoked

when that event happens. A gift may also be revoked if it has been obtained by
coercion, undue influence,

fraud or misrepresentation. A gift for specific purpose can be revoked on the


failure of that purpose.

Stamp Duty

An instrument of gift is chargeable with stamp duty under Art. 33 of schedule I of


the Stamp Act. The duty is

the same as is payable on a conveyance which is for a consideration equal to the


value of the gifted

property. A conveyance is charged under article 23.

(VI) PROMISSORY NOTE

A promissory not is an instrument on writing, not being a bank note or a currency


note, containing an

unconditional undertaking, signed by the maker, to pay a certain sum of money


only to, or to the order of, a

certain person, or to the bearer of the instrument. The essential requisites of a


promissory note are:

(i) It must be in writing signed by the maker;


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(ii) The promise to pay must be unconditional;

(iii) The sum of money to be paid must be certain;

(iv) The drawer must be a certain person, and

(v) The drawee must be a certain person.

It may provide for payment on demand, or within a fixed time or on a specified


date. Where it is silent on this

point, it is payable on demand.

Stamp duty is payable under Art. 49, schedule I, stamp Act. Registration is not
required.

FORM OF PROMISSORY, NOTE

ON DEMAND I ………….. aged about ………….. years, son of …………..,


resident of…………..,

promise to pay to ………….., aged about …………..years, son of resident of


………….., or order the

………….. sum of Rupees ………….., (Rs …………..) only, with interest at


…………..% per annum until

repayment for value received.

DATED AND DELIVERED at …………… this the …………….. day of


………..20………….

(VII) POWER OF ATTORNEY


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

A power of attorney is a document whereby one or more persons give authority to


one or more persons to

act in his or their place. It is defined in Sec. 2 (2) of the Stamp Act thus.

"Power of attorney" includes any instrument (not chargeable with a fee under a law
relating to court fees for

the time being in force) empowering a specified person to act executing it.

It is a delegation of authority in writing by which one person empowers another to


act on his behalf. The

giver of the authority is called the 'donor' and the recipient is called the 'donee'. If
the appointment is made

for specified act or acts the deed is called "special power of attorney" and if it is
made generally for certain

acts, it is called "general power of attorney".

A power of attorney can be executed by any person who is able to contract.

A power of attorney can be executed by or in favour of two or more persons. When


executed in favour of

more than one person it is desirable to state whether the donee's will act only
jointly or severally and jointly.

Authority of donee

So long as the donee acts within the powers delegated to him, his acts will be
deemed to be the acts of the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

donor and will bind him. Sec. 2 of the power of attorney Act, 1882 (as amended in
1982) provides;

The donee of a power of attorney may, if he thinks fit, execute or do any


instrument or thing in and with his

own name and signature, and his own seal, where sealing is required, by the
authority of the donor of the

power and every instrument and thing so executed and every instrument and thing
so executed and done,

shall be as effectual in law as if it had been exacted or done by the dinee of the
power in the name, and with

the signature and seal, of the donor thereof.

Normally after the revocation of the power of attorney the donee ceases to be an
agent of the donor. But

Sec. 3 protects persons making payment and doing acts in pursuance of the power
of attorney even after

the death etc. of the donor in certain circumstances. This section reads:

Normally after the revocation of the power of attorney the donee ceases to be an
agent of the donor. But

Sec. 3 protects persons making payments and doing act in pursuance of the power
of attorney even after

the death etc. of the donor in certain circumstances.

This Sec. reads:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Any person making or doing any payment or act in good faith in pursuance of a
power of attorney, shall not

be liable on respect of the payment or act, by reasons that before the payment or
act, the donor of he power

had died, or become of unsound mind, or bankrupt or insolvent, or had revoked the
power, if the fact of

death, unsoundness of mind, bankruptcy, insolvency or revocation was not at the


time of the payment or

act, known to the person making or doing the same.

Execution, attestation and authentication

A power of attorney has to be in writing signed by the donor. It is executed in the


form of a deed poll, a

unilateral document, usually in the first person.

No law requires a power of attorney to be attested but it is useful to have it attested


by witnesses.

Though no law requires a power of attorney to be authenticated it is desirable to


have this done so as to

avail of the presumption under sec. 85 of the Evidence Act. This section provides:

The court shall presume that every document purporting to be a power of attorney,
and to have been

executed before, and authenticated by a Notary public, or any Court, Judge,


Magistrate Indian Counsul or
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Vice Counsul or representative of the contra Govt., was so executed and


authenticated.

Stamp duty and Registration

Stamp duty on a power of attorney is payable under Article 48 of he stamp Act. A


deed canceling a power of

attorney is chargeable to duty under Article 17.

A power of attorney is not compulsorily registrable. But by virtue of the provisions


of Sec. 32 and 33 of the Evidence Act, a power of attorney specifically presenting
a document for registration must be itself registered.

Deposit in High Court or District court

Section 4 of the Power of Attorney Act as amended in 1982 provides that: -

(a) An instrument creating a power of attorney, its executing being verified by


affidavit, statutory declaration

or other sufficient evidence may, with the affidavit or declaration, if any be


deposited in the High Court or

District court within the local limits of whose jurisdiction the instrument may be.

(b) A certified copy of an instrument so deposited shall, without further proof, be


sufficient evidence of the

contents of the instrument and of the deposit there of in the High Court or District
Court.

(viii) WILL
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

The law relating to wills is contained in part VI of the Indian Succession Act,
1925. But this is not applicable

to wills made by Mohammedans. They are governed by the Mohammedans Law


under which wills maybe

made orally or in writing and formalities of signatures, attesting witnesses etc. are
not required to be

followed. There is however, nothing to prevent a Mohammedans from execution a


written will duly singed

and attested as required by the a Act. All the provisions of part VI do not apply to
Hindus, Buddhists, Sikhs

and Jains. The provisions of this part which apply to Hindus, Buddhists, Sikhs and
Jains are enumerated in

schedule III to the Act. But by virtue of Sec. 30 of the Hindu Succession Act,
1956, a Hindu, Buddhist, Sikh or

Jain may execute a will in accordance with the provisions of the Indian Succession
Act.

"Will" is defined in Sec. 2 (h) of the Act to mean the legal declaration of the
intention of the testator with

respect to his property which he desires to be carried into effect after his death. The
fundamental idea of a

will is that the testator should thereby dispose of his property or such part of it as
his personal law permits
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

him to bequeath by will, in such a manner as seems to him best. The two essential
characteristics of a will

are that:

(1) It must be intended to come into effect after the death of the testator, and

(2) It must be revocable by the testator at any time.

Though usually wills are made for disposing property they can also be made for
appointing executors, for

creating trusts and for appointing testamentary guardians of minor children.

"Codicil" is defined in section 2(b) of he Act to mean an instrument made in


relation to a will, and explaining,

altering or cadding to its dispositions, and shall be deemed to from part of the will
when the alteration and

additions are minor a codicil is the proper thing but if substantial changes are to be
made in the will it is

desirable to execute a fresh will and to revoke the earlier one. If there is
inconsistency between the will and

the codicil the codicil will prevail. A codicil requires the same formalities as a will.

A will or any part of a will, the making of which has been caused by fraud or
coercion which takes aw3.Y the

free agency of the testator, is void.(Sec. 61)

Privileged and unprivileged wills:


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

A privileged will is one which is made by a solider employed in an expedition or in


actual warfare, or an

airman so employed or engaged or a mariner at sea. He must have completed 'the


age if eighteen years. A

will executed by persons other than these is known as an unprivileged will.

A privileged will can be oral or in writing. The formalities prescribed for


unprivileged wills like signature and

attestation do not apply to privileged wills. They are governed by rules set out in
Sec. 65 (2) of he Indian

Succession Act. The provision s relating to privileged wills in the Act. apply to
Mohammedans, Hindus,

Buddhists, Sikhs and Jains also.

The following requirements have to be complied with in executing an unprivileged


will.

(a) The testator shall sign or affix his mark to the will, or it shall be signed by some
other person on his

presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for
him, shall be so

placed that it shall appear that it was intended thereby to give effect to the writing
as a will.
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(c) The will shall be attested by two or more witnesses, each of whom has seen the
testator sign or affix his

mark to the will or has seen some other person sign the will, in the presence of and
by the direction of the

testator, or has received form the testator a personal acknowledgment of his


signature or mark, or the

witnesses shall sign the will in the presence of the testator, but it shall not be
necessary that more than are

witness should be present at the same time, and no particular form of attestation
shall be necessary.

These formalities are not applicable to wills made by Mohammedans. If the will
consists of more than one

page; each page should be signed or marked by the testator and signed by the
attesting witnesses.

No particular form of will is prescribed by law. It is not necessary that any


technical words or terms of art be

used in a will, but only that the wording be such that he intention of the testator can
be known there from

(Sec. 74) a will or bequest not expressive of any definite intention is void for
uncertainty (Sec. 89).

Capacity:- The testator must be of sound and disposing mind at the time of the
execution of his will sec 59
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

says that every person of sound mind not being a minor may dispose of his
property by will.

A married woman may dispose by will any property which she could alienate by
her own act during her life.

Persons who are deaf or dumb or blind are not thereby incapacitated for making a
will if they are able to

know what they do by it.

A person who is ordinarily insane may make a will during an interval, in which he
is of sound mind,

No person can make a will while he is in such a state of mind, whether arising
form intoxication or from

illness or from any other cause that he does not know what he is doing.

Property, that can be bequeathed

All property, movable and immovable, of which the testator is owner and which is
transferable can be

disposed of by a will. Property which is legally non-transferable cannot be


bequeathed. If a person has only

a life interest in a property, he cannot make a will in respect of it.

Sec. 30 of the Hindu Succession Act, 1956, provides:

Any Hindu may dispose of by will or other testamentary disposition any property,
which is capable of being
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

so disposed of by him, in accordance with the provisions of the Indian Succession


Act, 1925, or any other

law for the time being in force and applicable to Hindus.

Signature and attestation: -

The testimonium Clause (signature) and the attestation clause (witnesses) are the
most important parts of

a will. If these are not made strictly in accordance with the requirements of law it
will not be a valid will.

The testator and all the attesting witnesses must sign on every page of the will. The
attesting witnesses

need not know the contents of the will. They ate only witnesses to the signature or
mark of the testator. The

scribe of a will can be a competent attesting witness if he signs as an attesting


witness. "Executor" is

defined in Sec. 2 C. of the Indian Succession J\ct to mean a person to whim the
execution the last will of a

deceased person, is by the testator's appointment, confide. An executor is charged


with the duty and

conferred with the power to carry out the directions contained in the will. He has to
collect and realise the

estate of the deceased pay his debts and distribute the legacies.

Stamp Duty: registration


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

No stamp Duty is chargeable on a will, and registration is opt10nal. A will can be


registered by the testator in

his lifetime or by the executor or legatee after testator's death.

Sec. 42 to 46 of the Registration Act, 1908 made provisions for the deposit of
wills. Revocation of wills.

Revocation of wills

Sec. 62 of the Indian Succession Act provides that a will is liable to be revoked or
altered by the maker of it at

any time when he is. competent to dispose of his property by will. Sec. 69 enacts
that every will shall be

revoked by the marriage of the testator. Sec. 69 does not apply to wills made by
Hindus, Buddhists, Sikhs

and Janis or by Mohammedans. The mode of revocation of unprivileged wills or


codicils is laid down in Sec.

70 and that of privileged will in Sec. 72.

Probate and letters of administration

Sec. 213 of the Indian Succession Act enacts that no right as executor or enacts
that n right as executor or

legatee can be established in any court of justice, unless a court of competent


jurisdiction in India has

granted probate of the will under which the right is claimed, or has granted letters
of administration with the
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

will or with a copy of an authenticated copy of the will annexed.

This Sec. applies only to wills made: -

(i) By Christians and Jews;

(ii) By Hindu, Buddhists. Sikhs and Janis Within the territories of West Bengal or
the presidency

Towns of Madras and Mumbai or in respect of immovable properties situate in


these territories, and

(iii) By parsi within the local limits of the ordinary civil jurisdiction of the High
Courts at Calcutta, Madras

and Mumbai or in respect of immovable properties situate within those limits.

It does not apply to wills made by Hindus, Buddhists, Sikhs and Jaonis out side the
territories maintained in

(ii) above in respect of immovable properties situate outside these territories. Nor
does it apply to wills made

by Parsis outside the limits mentions in (iii) above in respect of properties situate
outside those limits.

"Probate" is defined in Sec. 2 (f) to mean the copy of a will certified under the seal
of a court of competent

jurisdiction with a grant of the administration to the estate of the testator. Probate
of a will when granted
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

established the will from the death of the testator, and renders valid all
intermediate acts of the executor as

such. It establishes conclusively the legal character of the person to whom the
grant is made. It is

conclusive evidence of the validity and due execution of the will and of the
testamentary capacity of the

testator Probate can be granted only to the executor appointed by the will. It cannot
be granted to a person

who is a minor or is of unsound mind, nor to any association of individuals unless


it is a company which

satisfies the conditions prescribed by rules made by the Sate Government in this
behalf. Other provisions

relating to probate will be found in Sec. 224to 227 and 276.

(IX) AGREEMENTS

Agreement and Contract

A proposal when accepted becomes a promise, and every promise and every set of
promises forming the

consideration for each other is an agreement. An agreement enforceable by law is a


contract, for a lawful

consideration and with a lawful object, and is not expressly declared by the
Contract Act, 1872 to be void. An
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

agreement not enforceable in law at the option of one or more of the parties
thereto, to but not at the option

of the other or others, is a Voidable contract.

Persons Competent to contract

Every person is competent to contract:-

(i) Who is of the age of majority according to the law to which he is subject,

(ii) Who is of sound mind, and

(iii) Who is not disqualified form contracting by any law to which he is subject.

Under Sec. 3 of the Indian Majority Act, 1875 a minor becomes a major when he
attains the age of 18 years

except a minor of whose person or property or both a guardian has been appointed
by any court, who

becomes a major when he attains the age of twenty-one years. Sec. 12 of the
Contract Act, 1872 lays down

what is a sound mind for purposes of contracting.

Voidable· agreements

An agreement into which a party has entered without free consent is a contract
Voidable at the option of the

party. Two or more persons are said to consent when they agree upon the same
thing in the same sense.

Consent is said to be free when it is not caused by: -


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(i) Coercion (Sec. 15, Contract Act)

(ii) Undue influence (Sec. 16, Contract Act)

(iv) Misrepresentation (Sec. 17, Contract Act)

(v) Mistake (Sec. 20, 21 and 22 Contract Act)

Thus a contract into which a party has been induced to enter on account of
coercion, undue influence,

fraud, misrepresentation or mistake is Voidable at his instance.

Void agreements

An agreement is void:

(i) If the consideration for the object is unlawful (Sec. 24 Contract)

(ii) If it is without consideration (Sec. 25 Contract)

(iii) If it is in restraint of marriage (Sec. 26 Contract)

(iv) If it is in restraint of trade or profession (Sec. 27 Contract)

(v) If it is in restraint of legal proceedings (Sec. 28 Contract)

(vi) If its meaning is not certain or capable of being made certain (Sec. 29 Contract
Act) or

(vii) If it is by way of wager (Sec. 30)

The consideration or object of an agreement is lawful, unless: -

(i) It is forbidden by law; or


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

(ii) It is of such a nature that, if permitted, it would defeat the provisions of any
law, or

(iii) Is fraudulent; or

(iv) Involves or implies injury to the person or property of another, or

(v) The court regards it as immoral or opposed to public policy.

Agreements binding on representatives

Legal representatives of parties have a right to require specific performance of a


contract or are bound by

the promise to perform the contract in the absence of a contrary intention. This
does not apply where the

obligation is personal in nature As a rule obligations under a contract cannot be


assigned except with the

consent of the promise. On the other hand, rights under a contract are assignable
unless the contract is

personal in nature or the rights are incapable of assignment either under the law or
under the agreement

between the parties. It is, however, usual to have a clause in a deed specifically
stating that the parties shall

include their executors, administrators, heirs, legal representatives and assigns.

Attestation

It is not necessary for an agreement to be attested by any witness. But agreements


are usually attested by
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

one witness. Where registration is desired the agreement should be attested by two
witnesses.

Stamp Duly

The stamp duty for different kinds of agreements varies from state to state.
Agreement are covered by

Article 5 of Schedule I to the stamp Act. While drafting an agreement the


draftsman should ascertain the

proper stamp duty having regard to the changes made in the Stamp Act. In the state
where the agreement is

executed.

Registration

Agreements not relating to immovable property and agreements not creating an


interest in immovable

property are not compulsory registrable. Only agreements creating an interest in


immovable property worth

more then Rs. 100/- are required be law to be registered.

IMPORTANT QUESTIONS

Q.1. What do you mean by pleading? Discuss its fundamental rules.

Q.2. What do you mean by deed? Discuss in brief its components.

Q.3. What do you understand by cause of action?

Q.4. What do you mean by attestation?


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Q.5. What do you mean by plaintiff?

Q.6. What do you mean by interlocutory orders?

Q.7. What do you mean by Deed Poll and deed indenture? Q.8. What do you mean
by a Codicil?

Q.9. What is exparty decree?

Q.10. What do you mean by legal representative? Q.11. How can a plaint be
amended?

Q.12. What is interpleaded suit?

Q.13. What do you understand by an Affidavit?

Q.14. What is pauper suit?

Q.15. What do you mean by written statement and what are the two parts of w.s.?

Q.16. What do you mean by Conveyancing?

Q.17. Draft a plaint and ws. for specific performance of a contract for purchase of
car? Q.18. Draft a plaint

for recovery of money.

Q.19. Draft a plaint for compensation for malicious prosecution?

Q.20. Draft a petition under Art. 226 of Indian Constitution for issue of a writ of
Habeas Corpus.

Q.21. Draft a petition for divorce by mutual consent under Sec. 13 B of HM Act
1955.

Q.22. Draft a Criminal Complaint for wrongful confinement.


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

Q.23. Draft a bail application on behalf of an accused arrested for the offence of
bigamy.

Q.24. Draft a sale deed for sale of Joint family property by father for a legal
necessity and antecedent debt.

Q.25. Draft a notice for payment of arrears of rent.

Q.26. Draft a special power of attorney for recovery of debt. Q.27. Draft a
promissory note.

Q.28. Draft a mortgage deed.

Q.29. Draft a petition on behalf of the wife for judicial separation on the ground of
desertion under Hindu

Marriage Act, 1955.

SUGGESTED READINGS

1. Pleading and Practice, N.S. Bindra

2. Conveyancing, Precedents & Forms, Shiva Gopal

3. Drafting of Pleadings, N.H. Jhabwala

4. Principles and Forms of Pleadings and Conveyancing, A.N. Chaturvedi

5. Law of Pleadings & Conveyancing, M.K. Majumdar

6. Law of Pleadings in India, P.C. Mogha, M.C. Agarwal, G.C. Mogha

7. Art of Conveyancing and Pleading, Murli Manohar

8. Pleading, Drafting & Conveyancing, R.N. Chaturvedi


Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

9. Indian Conveyancer, P.C. Mogha, K.N. Goyal, G.C. Mogha

NOTES
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

You might also like