Lesson Wise Summary Drafting, Pleadings and Appearances

Submissions, Application, Petitions, Revision Petitions, Notice of Motion, Witness, Improper Admission,
Rejection, Appeal, Review, Suits, Undertakings, Indemnity Bonds, Writs, Legal Notices, Response to
Legal Notices.
7. Art of Writing Opinions : Understanding facts of the case; case for opinion writing, Application of relevant
Legal Provisions to the facts; Research on relevant case Laws; Discussion and Opinion writing.
8. Appearances & Art of Advocacy: Requisites for entering appearances; Appearing before Tribunals/
Quasi-judicial Bodies such as NCLT/ NCLAT/ / CCI/ TRAI/ Tax Authorities and Appellate Tribunals/
and authorities such as ROC/ RD/ RBI/ ED/Stock Exchange/ SEBI/ RERA; Art of advocacy.
Case Laws, Case Studies & Practical Aspectsvi
LESSON WISE SUMMARY

DRAFTING, PLEADINGS AND APPEARANCES
Lesson 1- Judicial and Administrative Framework
Under the Constitution, the primary function of the legislature is to make law, that of the executive is to
execute law and that of the judiciary is to enforce the law.
In view of the multifarious activities of a welfare state, the legislature cannot work out all the details to fit the
varying aspects of complex situations. It must necessarily delegate the working out of details to the executive
or any other agency. Therefore, one of the most significant developments of the present century is the
growth in the legislative powers of the executives. There is no such general power granted to the executive
to make law, it only supplements the law under the authority of legislature.
The objective of the lesson is to introduce the students regarding:
– Legislative Functions of Administration
– Types of Tribunals/Quasi-Judicial Bodies
– Types of Courts
– Procedural aspects of working of Civil Courts
– Procedural aspects of working of Criminal Court
– Appellate Forum
– Reference, Review and Revisions under CPC
Lesson 2- General Principles of Drafting and Relevant Substantive Rules
Drafting may be defined as the synthesis of law and fact in a language form. The importance of the
knowledge about drafting and conveyancing for the corporate executives has been felt particularly for the
three reasons viz., obtaining legal consultations; for carrying out documentation departmentally and for
interpretation of the documents.
Knowledge of drafting and conveyancing for the corporate executives is also essential for doing
documentation departmentally. An executive can make a better document with all facts known and judging
the relevance and importance of all aspects to be covered therein.
A number of documents are required to be studied and interpreted by the corporate executives. In India, in
the absence of any legislation on conveyancing, it becomes imperative to have knowledge about the
important rules of law of interpretation so as to put right language in the documents, give appropriate
meaning to the words and phrases used therein, and incorporate the will and intention of the parties to the
documents.
It is expected that, at the end of this lesson, student will, inter- alia, be in a position to:
– Drafting, its meaning
– Conveyancing, its meaning
– Drafting and Conveyancing: Distinguishedvii
– Distinction between Conveyance and Contract
– General Principles of Drafting
– Legal Implications and Requirements
– Components of Deeds.
Lesson 3- Secretarial Practice in Drafting Notice, Agenda and Minutes of Company’s
meetings
A company is an artificial judicial person created by law having its own distinct entity form and capable of
entering into contracts. Though company is bestowed with the characteristic of separate legal entity but it
cannot take decision on its own. It is capable of acting in its own name, entering into contracts. It is capable
of owning and holding property in its own name, sue others and to be sued by others in its name. Despite all
these powers, since it is not a natural person, it expresses its will or takes its decisions through natural
persons i.e. directors or members.
Members or directors of a company can exercise their powers and can bind the company only when they act
as a body at a validly convened and held meeting. As a company secretary you need to guide the members
on the conduct of affairs of the company and facilitate the convening of meetings and attend Board and
Committee meetings and maintain minutes of these meetings.
The objective of the lesson is to facilitate the students to acquaint with:
– Collective decision making process in companies
– Secretarial Standards- Introduction
– Secretarial Standard on Board Meetings
– Secretarial Standard on General Meetings
– Important points to be remembered while drafting notice of Board Meeting
– Practical Aspect of Drafting Resolutions and Minutes
Lesson 4-Drafting and Conveyancing Relating to Various Deeds and Documents (I)
An agreement which is enforceable at law is called a contract. Generally when a contract is reduced to
writing, the document itself is called an agreement. A company has to execute countless commercial
agreements and other contracts during the course of its business. It is very much desirable and useful to
keep in view certain important points in regard to the drafting of contracts, particularly commercial and
international trade contracts.
There is no particular form prescribed for the drawing up of trade contracts, except that they must fulfil all the
essential requirements of a valid contract under the law applicable to the contract. If the law requires any
particular category of contracts to be in writing or to be registered, these formalities must be complied with. A
contract may be hand written, type written or printed. It may be as brief or as detailed as the circumstances
of a particular trade transaction demand.
The purpose of the lesson is to familiarize the students with:
– Drafting of Agreements
– Important

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Submissions, Application, Petitions, Revision Petitions, Notice of Motion, Witness, Improper Admission,

LESSON WISE SUMMARY

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