Professional Documents
Culture Documents
SYLLABUS
Course Teacher: Ms. Neha Sinha , Mrs Shreejaya Patil , Mr. Sheyas Vyas
Introduction:
By the art of legal drafting (also commonly called the legal composition) we
mean the art of composing or writing all documents which are either expressly intended to
be, or which frequently become the subject of legal interpretation. It is concerned chiefly
therefore, although not exclusively, with the documents which declare or regulate rights. This
at once distinguishes the art of legal composition from the art of ordinary composition or
literature, which deals not with rights but with thoughts or facts. Of course the bases of
literary composition and legal composition are all the same, grammar and logic. The latter,
perhaps, more strictly than the former kind o composition is bound by the rules of the
grammarian and logician but we do not intend, except incidentally, to touch on the rules of
have in view. This differs so much from literary composition that, though they have a
common basis, same rules do not apply to both. The style of good legal composition (for it
has a style of its own) is free from all colour, from all emotion, from all rhetoric. It is
impersonal as if the voice, not of any man, but of the law, dealing with the necessary facts. It
disdains emphasis and all other artifices. It uses no metaphor or figure of speeches. It is
always consistent and never contradicts itself. It never hesitates or doubts. It says in the
plainest language, with the simplest, fewest and fittest words, precisely what it means. These
are qualities which might be used to advantage more frequently than is common in literature,
and unfortunately they are not to be found in many legal compositions, but they are essential
for the benefit of the parties, but also and perhaps primarily for the assistance of the court by
defining with precision the area beyond which, without the leave of the court and
consequential amendment of the pleadings, the conflict must not be allowed to extend. The
proceedings.
character, Autolycus in The Winter’s Tale, ‘a snapper-up of unconsidered trifles’. Like this
amiable rogue, conveyancing takes from here, there and everywhere, from within the full
gamut of the law. Conveyancing rests and has been built upon the three foundations of land
law, contract law and equity and trusts. Because of this, a confident appreciation of land law
is crucial for success in conveyancing. You will also need to have a prior knowledge and
understanding of the details concerning the formation of contracts, the formalities of written
contract, misrepresentation and remedies for breach of contract. A detail understanding of the
influence of equity as well as trust will always be a prerequisite for a successful conveyancer.
So, the key to understand the nature of conveyancing is to appreciate how it calls
upon various disparate areas of law. It means that you must abandon a discrete approach to
applying the separate elements of the law. Conveyancing requires you to blend your
knowledge. Conveyancing does not relate just to the transfer of ownership of residential
properties. It covers the transfer of title to both houses and flats, new and second-hand
When students reach the legal practice course they should have developed a
general critical approach to the new law and to problem solving. The object of this course is to
present substantive law in the context of pleadings and conveyancing and to show how those
transactions are influenced by the legal considerations. A well drafted document instantly attracts
the attention of the court. Any failure however little, in bringing out the material issues would be
fatal to the matter under consideration. Therefore, it is pertinent that one has an accurate
understanding of the concerned issues, so that, relevant question are brought before the court for
successful adjudication. Pleadings assists student’s in their endeavor to enter active practice. This
course is created to help student’s understand the basics of pleadings and conveyancing.
Module I Pleadings
Suggested References:
2. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow.
4. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006, EBC, Lucknow.
6. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal Law
Cases
1. Lakshmi Narayan Deo Vasti Temple vs. Narayan F. Marathy (1995) 2 Bom CR 610
2. Prabodh Verma vs. State of UP (1984) 4 SCC 251
3. Someswer vs. Tribhuban AIR 1934 PC 130
4. Narinder Nath vs. Jaswant Singh AIR 1994 P&H 111
5. Syed Muhammed vs. Fattah Muhammed ILR 22 Cal. 324 (PC)
6. Viswanath vs. Ram Narayan AIR 1940 All 405
7. Tika Khawas vs. Pasupathi AIR 1986 Sikk. 6
8. Motilal vs. Yudhistir AIR 1950 PC 73
9. Brijlal vs. Parvathy AIR 1982 Del. 114
10. Firm Gopal & Co. Ltd vs. Firm Hazarilal AIR 1963 MP 37
11. Keshab Rao vs. Chandrabhan AIR 1980 Bom 380
12. Onkar Nath vs. Vedvyas 1978 Ren.CR 408 (HP)
13. Iyakku Matho vs. Julius Elias Metropolitan AIR 1962 Ker 19
14. Rooplal vs. Nachhittar AIR 1982 SC 1559
15. A K Gupta vs. DVC AIR 1967 SC 961
16. G. Nagamma vs. Siromanamma (1996) 2 SCC 25
Statutes
Suggested References:
1. Justice Thakker, Code of Civil Procedure, 5th Edn - 2007, EBC, Lucknow
2. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006, EBC, Lucknow.
[Part II]
LT P
3. KS Gopalakrishnans Pleadings and Practice, A ublications, Hyderabad, 2004.
[Part II]
4. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow. [ Part I,II]
Cases
1. Phula Devi vs. Mangtu Maharaj AIR 1969 Pat 284
2. Jagjiban Das vs. Gunan Bhai AIR 1967 Guj 1
3. N.Naidu vs. K.Naidu AIR 1969 Mad 329
4. N.Naidu vs. K.Naidu AIR 1969 Mad 329
5. Jogeshwar vs. Sheopujan AIR 1986 Pat 35
6. State of Maharatsra vs. Glaxo 1979 Bom CR 321
7. Raghunath Das vs. Union of India AIR 1969 SC 674
8. State of MP VS. Lajjaram AIR 1961 MP 339
Statutes
1. Civil Procedure Code, 1908
2. Specific Relief Act, 1963
Suggested References:
1. KNC Pillai, Lectures on Criminal Procedure, 3rd Edn - 2004, Ashok Law House,
Hyderabad.
2. Dr. Amit Sen, Leagal Language, Legal Writing and Legal Drafting, 2nd Edn - 2006,
LT P
3. KS Gopalakrishnans Pleadings and Practice, A ublications, Hyderabad, 2004.
[ Part II]
Statutes
1. Criminal Procedure Code, 1973
Module IV O ther important Pleadings - Substantive Aspects and Model Forms
Suggested References:
1. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006, EBC, Lucknow.[Part II]
LT P
2. KS Gopalakrishnans Pleadings and Practice, A ublications, Hyderabad, 2004.
[ Part II]
3. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow. [ Part I,II]
4. Dr. Amit Sen, Leagal Language, Legal Writing and Legal Drafting, 2nd Edn - 2006,
Kamal Law House, Kolkata. [ Chapter 27]
5. GC Mathur, Shiva Gopal’s Conveyancing, Precedents and Forms, 6th Edn - 2004, EBC,
Lucknow.[Chapter’s 39,42]
Statutes:
Suggested References:
2. NS Bindra, Conveyancing, Vol.1, Delhi Law House, Delhi, 2008 [ Chapter 1]
3. DK Gupta, A Guide to Conveyancing, Drafting and Deeds, Vol. 1, 2nd Edn - 2005,
Kamal Law House, Kolkata. [ Chapter 4]
4. MT Tijoriwala & SN Vimadalal, Law and Practice of Conveyancing, 4th Edn-2002, Snow
5. GC Mathur, Shiva Gopal’s Conveyancing, Precedents and Forms, 6th Edn - 2004, EBC,
Lucknow.[Chapter 1]
6. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow.
[Part I Chapter 1]
7. JM Srivastava & MC Agarwal Mogha’s Indian Conveyancer, 13th Edn - 2004, Eastern
Statutes
1. The Registration Act, 1908
2. The Indian Stamp Act, 1899
3. Indian Contract Act, 1872
4. Transfer of Property Act, 1882
Cases
1. State of Bombay vs. United Motors AIR 1955 SC
2. PS Santhi vs. SB Bhagwandas Kripalini AIR 1991 SC
3. Sonia Bhatia vs. State of UP AIR 1981 SC 1274
4. Sakunthala vs. State of Haryana AIR 1979 SC 843
5. Sasi vs. Shanker 54 CWN 936
Further Readings
1. DK Gupta, A Guide to Conveyancing, Drafting and Deeds, Vol. 2- 8 , 2nd Edn - 2005,
4. Rodney D. Ryder, Corporate and Commercial Agreements Drafting Guidelines, Forms
and Precedents, Universal Law Publishers, New Delhi 2005.