DRAFTING JOURNAL ASSIGNMENTS NUMBER 1-15

FOR 3 MARKS EACH

Note- wherever required students may assume the reasonable facts

ASSIGMENT NO 1

Drafting of Legal Notice

Notice to recover a medical bill

Mr. Ram had been admitted to Mr. Shyam Hospital as a patient on 15 th June 2024
and was treated there till the end of the month, and during this period, Mr. Shyam
had also called the other doctors to treat you. The total bill of the hospital was
10,000 /- to cover the nursing bill of Mr. Shyam. Mr. Ram had no cash in hand
issued a cheque which got dishonoured by the bank for want of necessary funds.
Mr. Shyam have approached you for taking legal action against Mr. Ram.
Your need to advice Mr. Shyam as to what action can be taken against Mr. Ram.
Send a Legal Notice to Mr. Ram under the relevant provisions.

Assignment 2
PETITION FOR DIVORCE

Question: Mr. AAA married (Hindu) Mrs. BAA(Christian) in Pune. They lastly
resided together at Thane. Mrs. BAA left the company and cohabitation of AAA
on 3rd Jan. 2022 and hence they have been residing separately. They have
approached you on 14th march 2024 and wish to file action for Divorce by
Mutual consent. Advice them on the same.

Assignment 3 -

A start-up company wanted to sell its product online. Draft the Terms of Service
for this Website as Service Contract.
Assignment 4

Ashya Pvt. Ltd. runs the business of manufacturing of ceramic pots. It has head
office at Mumbai.XYZ and Sons is a registered partnership firm. It runs the
business of retail sale of ceramic pots at Pune. XYZ and Sons placed a purchase
order to ABC Pvt. Ltd. for supply of ceramic Pots worth Rs. 100000/-.Ashya Pvt.
Ltd. delivered the pots to XYZ and Sons at Pune. XYZ and Sons acknowledged the
delivery of pots and issued cheque for payment of purchase price.
The said cheque is dishonoured.

Based on above mentioned material facts, Draft a Plaint /Suit for Recovery of
Money.
Note-It is expected that students shall read relevant law provisions before drafting
the plaint. Students may choose other supporting reasonably assumed facts, which
will not be in contradiction with given material facts.

Assignment 5

Kartik is an advocate by profession in Hyderabad and Jacinta (Goa) B.Com

graduate got married under Special Marriage Act. They had a happy married life
for 10 years and have two kids, a 8 year old daughter Jessi and a four year old son
Jis. Mrs Jacinta was a housewife. From Jan 2020 due to rift, misunderstandings
they started staying separately. Meanwhile Jacinta filed for a divorce and is
pending before the court.

Help her to file an application for Maintenance under suitable law.

ASSGN -6
Leave and Licence Agreement

Draft a leave and license agreement based on the following commercial terms. You
are representing the licensor/owner of the premises:

 Licensor/ Owner: Apolo Private Limited

 Licensee: Brothers & Associates, a partnership firm

 Premises: Shop No. 18F, admeasuring approximately 1000 square feet, First
Floor, Plaza Shopping Centre, MG Road, Pune

 Use: Restricted to sale of gym equipment.

 Duration: 4 years

 Lock-in period: (i) For the licensor – entire duration of the agreement (ii) for
licensee – 2 years from date of execution

 License fees: Rs. 50,000 per month with a 10% annual escalation.

 Payment of license fees: Payable in advance on the 3rd day of every month

 Interest free security deposit: Rs. 2,50,000 payable as follows (i) 50% on
execution and (ii) balance 50% payable 2 months after execution of the
agreement.

 Security deposit to be refunded by the licensor 1 month after termination/expiry

of the agreement.

 All utility and other charges relating to use of the premises to be paid by the
licensee

 Electronic items such as air-conditioner, water cooler, coffee machine and

inverter is provided by the licensor, however, maintenance of these is
responsibility of the licensee.
 Apart from the electronic items, the premises is not furnished, and licensee can
make the interiors as per their requirements.

 Any delayed payments by licensee shall carry an interest of 18% per annum.

 Licensee to indemnify licensor.

 Charges relating to stamp duty and registration to be borne equally by the

parties

 Licensee cannot transfer/assign its rights under the agreement.

 All operational licenses (necessary permits, consents and authorisations

required by any authority) to be procured by the licensee, without which
licensee shall not be permitted to commence commercial operations from the
premises.

 Any other appropriate representations and warranties may be given by either

party.

 Appropriate termination clause may be drafted.

Assignment no 7-Assignment Problem for Draft of Anticipatory Bail

Application for a offence under Information Technology Act

Assignment no 8 based on the below mentioned Problem for Drafting of

Regular Bail Application

The applicant’s -nos.1 NB (i.e. accused no 22) and applicant no 2 GR (i.e. accused
no 23 ) both are arrayed ,as need to file an application for anticipatory bail in this
case.

‘NB’ and ‘GR’ are fictitious names of the applicants

Facts:
Accused no.22 is of the rank of Dy. Inspector General of Police, Maharashtra
State, and has put in 19 years of service and he is a permanent resident of Mumbai.
Accused No. 22 was awarded a number of medals including the President’s Police
Medal for Distinguished Service, Police Medal for Gallantry, etc. The accused
no.23 is the Senior Police Inspector, Detection Crime Branch, Mumbai City and
has put in 23 years of service and he is a resident of Nagapada Police Quarters,
Mumbai. Accused no. 23 was known for his good track record of detecting
complicated cases and was awarded the best investigation officer trophy for 4
consecutive years since 2018, in addition to being a recipient of a number of
medals and rewards.

The case of the prosecution is that the criminal gang of Mr X was very much active
in the State of Rajasthan and was involved in various criminal cases registered in
the states of Rajasthan, Gujarat and Delhi. Latif was causing a lot of trouble to
businessmen of Rajasthan. It is alleged that Accused no. 1, 2, 3, 4 and 5 hatched a
conspiracy to killed Mr X by way of a fake encounter. In furtherance to the
conspiracy hatched accused No. 1 directed accused no. 6 to register a case against
Latif and other gang members for the offences u/s. 121, 124-A. Thereafter accused
no. 2-6 were directed to launch a search for Mr X. It is further alleged that accused
no. 3 reliably learnt that mr X was hiding in Bandra Area of Mumbai. Accused No.
3 approached his IPS batchmate i.e. accused no. 22 (as he was posted as Addl.
Commissioner Police, Crime Branch, Mumbai), stating that X is a wanted criminal
in the State of Rajasthan and requested his assistance so as to arrest Latif. At that
relevant time accused no. Based on the representation made by accused no. 3,
accused no. 22 directed accused no. 23 to render necessary assistance to Rajasthan
Police so as to apprehend X. Thereafter a team consisting of accused no. 3, 4,5,6,7
and 8 reached Mumbai and approached accused No. 23. In order to render
assistance to Rajasthan Police team accused no. 23 activated his network of
informers and also provided necessary logistical support to the Rajasthan Police so
as to nab Latif. On 23/10/2011 accused no. 23 received secret information from
one of his informers that X was staying in Sunmark Hotel, Carter Road, Bandra,
Mumbai under the assumed name of Y . Accused no. 23 in turn informed Accused
No. 22 about the same. Subsequently 23/10/2011 at around 15:30 Hrs Accused No.
23 alongwith accused no. 3, 4,5,6,7 and 8 went to Sunmark Hotel and arrested X.
Accused No. 23 alongwith the other accused brought X to Bandra Crime Unit and
made a station diary entry recording the arrest of X from Hotel Sunmark and also
prepared an arrest panchnama. Thereafter, accused no. 3, 4,5,6,7 and 8 stated that
they need to take X to Jaipur for the purposes of investigation and requested
accused no. 22 and 23 to provide them vehicles to take X to Jaipur. After the
vehicles were procured, accused no. 3, 4,5,6,7 and 8 left for Jaipur. Accused No.
23 was directed by accused no. 22 to accompany the Rajasthan Police Party and
accordingly Accused No. 23 left with them towards Jaipur. As the convoy of
vehicles reached Bhilad checkpost at Gujarat State, The Rajasthan Police asked
accused no. 23 go back to Mumbai as they have reached Gujarat and would take
assistance from Gujarat Police. Hence accused 23 returned back to Mumbai. Later
it was learnt that X was killed in an encounter during the early hours of 24 th near
Navsari and this incident came to be widely publicized in the media. A number of
human rights organizations dubbed the encounter as fake and a writ petition was
filed in the Hon’ble Supreme Court seeking a CBI investigation. The Hon’ble
Supreme Court directed a CBI investigation into the encounter killing. The CBI
registered a case initially arraying accused no. 1 to 8 and arrested them. Later a
number of police officers and private persons including a minister came to be
arrested. At the same time a number human rights organizations were crying foul.
Later, CBI issued press release stating that they have filed a supplementary
chargesheet against NB and GSR before the court of 2 nd Addl. C.M.M. (CBI
Cases), Mazgaon Court, Mumbai. GSR came to be arrested on 15 th July 20.. and
was produced before the Magistrate on the same day. The Ld. 2 nd Addl. C.M.M.
remanded GSR to magisterial custody and since then GSR was in magisterial
custody.

Assignment no -7 - NB was advised by his lawyers to file an anticipatory bail

application.(3 marks )

Assignment no 8 -GR was advised by his lawyers to file a regular bail

application.(3 marks)

Task and Tips:

Draft an application for anticipatory bail for NB and regular bail application for
GR, contending; a) no offence is made out, b) raising such grounds applicable in
cases for grant of anticipatory bail and regular bail applications, c) also quote the
relevant case laws applicable in the applications.

Assignment 9

Draft a Franchise Agreement for M/s -------------Confectionery, a Partnership

Firm, intending to Franchise its Confectionery Business to ----------Private
Limited on the basis of the following agreed terms and conditions:

Terms and Conditions:

Term : 5 [Five] years;

Periodic Renewal : 3 [Three] years;

One Time Franchise Fee : Rs. 8,000,000 [Rupees Five

Million Only];

Periodic Renewal Fee : Rs. 5,000,000 [Rupees Three

Million Only];

License to use Trademark & Logo : “-----------”;

Number of Outlets/ Stores : 1 [One];

Outlet/ Store Name : ------------ Confectionery;

Outlet/ Store Setup Cost : To be borne by the Franchisee;

Marketing and Advertisement Cost : To be borne by the Franchisee;

Confectionery Products : To be sourced only from M/s

------------ Confectionary;

Sub-Assignment/ Sub-Franchising : Permitted;

Territory/ Area : Nagpur City.

Assignment 10

Mr. Shriram Gupta Purchased a AC of Rs- 47000/-manufactured by AIR COOL

Company ,Korea on June 1st , 2018 and gifted to his friend Mr. Rakesh kochar ,
After one week of installment the AC was found faulty and was not performing
the functions . Mr. Rakesh repeatedly called to Call centre (Service) for help and
also informed Mr. Shriram about the faulty piece of AC.

Based on the above facts draft a Consumer Complaint under the Consumer
Protection Act 1986

Assignment 11.
Two construction companies’ one national and one international want to start a
new project in Nasik.
Draft the Joint Venture Agreement between the parties.

Assignment 12

12 In one of the television show APB TV –‘Satyam Shivam Sundaram’ hosted

by a popular bollyhood actress Miss Sameera showed that there is human rights
violations in relation to basic need and lack of implementation of government
welfare schemes for the tribal community in the State of Viratashtra . The show
highlighted that tribal members are denied of the right to education, right to health,
right to food. Which resulted in to few deaths due to mal nutrition, lack of essential
care, protection etc. They are living in unhygienic conditions. The show exposed
that the government had a separate budget allocated for tribal welfare schemes but
not much of being spent on them. It showed that the staff employed by the State is
very insensible to the needs of the tribal. Also due to land acquisition for power
projects, they are getting nothing and are about to lose every hope about their life.

Miss. Smitha a founder activist of ‘Nyadhara –NGO’ working for Human Rights
participated in the show and decided to file a Public Interest Litigation to bring
the justice to tribal community .
Draft a petition of Public Interest Litigation to seek the appropriate remedy.

Assignment -13

3 accused convicted for a robbery committed at a jewelry shop decided to appeal

against the District and Sessions Court to the Hon’ble High Court of the State .

Draft an appeal from District court to High Court

Assignment -14

A Petitioner -Mr….a Civil contractor from ….married to Miss….from ...with the

help of marriage bureau located at…….. .After few months both were invited at
the residence of parents of wife (in laws residence) in another district .Throughout
a day he was taken at various places to show her father’s properties, estates power
and so on. At the evening he asked about his wife and to his surprise he was
surrounded, beaten and threatened by his in laws and few more peoples by saying
‘to forget her and do not return to ask about her otherwise be ready to face dire
consequences ’.They illegally detained her and did not allowed her to meet ,speak
to him .He went to police station to seek their help to release his wife from
unlawful detention and to conduct his medical examination as he has received
various injuries but nothing is been done by the police . Also he approached to
various higher police authorities showed marriage certificate, photos etc who
assures but no positive steps were undertaken.

After using various legal measures with no results he decided to file a petition in
the Hon'ble High Court for a Writ of Habeas Corpus.

Assignment 15

Draft a Special Leave Petition (SLP) to be filed in the Supreme Court of India.