DRAFTING
General: To draft = To draw up = To outline in the form of rough notes.
Legal: An act of preparing the legal documents: Nexus between the LAW & the FACT in a language form.
It is the development & preparation of legal instruments such as statutes, regulations, ordinances,
pleadings, writings, deeds & documents.
It is first thinking and second composing.
First Draft Second Draft Final Draft
QUALITIES OF A GOOD DRAFT
1) Conciseness –Single/short word gives direct meaning & easily grasped / Avoid unnecessary &
immaterial things.;
2) Clarity –Use concrete words make meaning more clear & precise / No Vagueness/confusion, no stress. ;
3) Completeness – Free from all deficiencies / Not omit essential information & answer to all possible
question;
4) Selection of Correct Words – Consensus-ad-idem / familiar words are readily understood).,
5) Courtesy & Politeness – Hon’ble Supreme Court / Learned Counsel / Humbly Submitted
6) Logical Arrangement - Chronological & Systematically Arranged, No Repetition & Omit of any facts
7) Short Sentences – Avoid using long sentences, superfluous adjectives & strong words. Use Active Voice
over Passive Voice.
8) Style & Language – Transport Clear & Firm idea/thought in a simple and faultless vocabulary;
CONVEYANCING
TO CONVEY – To transfer or to make over.
CONVEYANCING –An instrument/deed through which one or more living person transfer his or their
interest in present or in future in or upon an immovable property to one or more living persons.
In other words conveyance means an act by which property is conveyed or voluntarily
transferred from one person to another by means of a written instrument and other formalities.
An act of alienation of the property. Transfer is INTER VIVOS (between living person)
DISTINCTION
Drafting Conveyancing
This gives a general meaning synonymous to This gives more stress on documentation much
preparation of drafting of documents. concerned with the transfer of property from one
person to another.
Conveyancing Contract
Conveyance does not create any right of any Contract remains to be performed & its specific
action but at the same time it alters the performance may be sought but conveyance
ownership of existing right. passes on the title to property to another person.
Transfer of immovable property is governed by the Contracts are governed by provisions of the
Transfer of Property Act, 1882. Indian Contract Act, 1872.
The deed of mortgage or sale would operate as A mere contract to mortgage or sale would not
conveyance of such interest. amount to actual transfer of interest in the
t
Plaint
PLEADING
Interlocutory
Proceedings
Written Statement Writ
“TO PLEAD”: To address the court as an advocate on behalf of the Plaintiff or the Defendant, i.e. Client.
The OBJECT of pleadings:
To assist the Court; &
To find out & narrow down the controversy between the parties.
FUNDAMENTAL RULES OF PLEADINGS:
1) Facts Only;
2) Not Law;
3) Not Evidence;
4) Immaterial Facts To Be Discarded;
5) To Be Signed & Verified; &
6) Others:
To give fair Opportunity/Notice of the case to the opposing party.
Should be read not by the piecemeal but as a whole and should be liberally construed.
Should be divided into paragraphs, numbered serially, each allegation being, so far as is
conveniently, contained in a separate paragraph.
Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.
Physical Appearances of Pleading
TYPES OF JUDICIAL BODIES
Supreme Court of India Revenue Courts & Tribunals
High Courts of India Lower Courts of India
Writ Civil Trial Criminal Trial
Habeas Corpus. Procedural aspects of working of
Warrant Cases: F.I.R. Investigation
Mandamus. Civil Courts & its Trial:
Prosecution Plea of guilty Charges
Prohibition. • Parties & Framing of Suit
Evidence Statement of the accused
Certiorari. • Cause of Action & Dispute
Judgement & Sentence Defense evidence
Quo-Warranto. • Jurisdiction & Limitation
• Stay / Sub-judicata / Bar / Res- Summons Cases: Pre-trial Charges Plea
Plaint Judicata of guilty Plea of guilty & absence of the
Written Statement • Summons – Parties & Witness accused Prosecution & defense evidence
Framing of Issues • Appearance of Parties Judgement
Evidence • Dismissed for want of prosecution Summary Trial: generally take only one or
Arguments • Ex-parte Decrees two hearings to decide the matter.
Order/Decree & • Adjournments
Judgement • Inspection & Production of Reference
documents Revision
Interlocutory • Appeal / Reference / Review / Appeal
Proceedings Revision & Execution Quashing U/s. 482 of Cr.P.C.
