DRAFTING JOURNAL ASSIGNMENTS NUMBER 1-15

Note- wherever required students may assume the reasonable facts

ASSIGMENT NO 1

Topic 1.1 Drafting of Legal Notice

Mr. Ajit invests money in share market though Share broking Firm M/s Abdc
Enterprises a sole trading firm owned by Mr. Sumeet. On 5th August,2018 Mr. Ajit
instructed Mr. Summet to sell 200 shares at Rs.550/- each , as per the instruction
Mr. Sumeet sold the shares and handed over a cheque for an amount of Rs.
1,10,000/- dated 10th August 2018 bearing no. 882345 drawn on HDFC Bank
Pune Branch to Mr. Ajit.

Mr. Ajit deposited the said with his bank namely State Bank of India on 10 th
August, 2018... On 13th August, 2018.. he learnt that the said cheque has retuned
unpaid as there were no sufficient funds to honour the said cheque in the a/c of Mr.
Summet.

Ajit have approached you for taking legal action against Mr. Sumeet .

Your need to advice Mr. Ajit as to what action can be taken against Mr. Sumeet.

Send a Legal Notice to Mr. Sumeet under the relevant provisions.

OR

ASSIGMENT NO-1
DRAFT ANY OTHER LEGAL NOTICE BASED UPON OTHER FACTS .
Assignment 2 (Topic 3:4) PETITION FOR DIVORCE

Question: Mr. AAA married Mrs. BAA in Pune. Both are Hindus married as per
the provisions of Hindu Marriage Act 1955. They lastly resided together at Thane.
Mrs. BAA left the company and cohabitation of AAA on 3rd May 2012 and hence
they have been residing separately. They have approached you on 14th August
2013 and wish to file for Divorce by Mutual consent. Advice them on the same.

OR

Question: Mr. X married Mrs. Y on 1 January 2005 in Nagpur. They lastly resided
together at Nagpur. Both are Christians. Now, due to disputes they have been
residing separately since August 2007. The Wife is residing at Pune. They have
arrived at a decision that they wish to file for a divorce by mutual consent. Draft a
Petition for Divorce by Mutual Consent to be filed before the appropriate court.

OR
QU 2 DRAFT MUTUAL CONSENT DIVORCE APPLICATION BASED
UPON ANY OTHER FACTS.

Assignment 3 - (Topic 7)

A start-up company WEB Vigilante Pvt. Ltd. has developed a technology through
which they can track any laptop which is lost or stolen. They are going to offer this
service through their website www.laptoptracer.com at a prescribed fee. Any
interested user needs to provide certain technical specifications of their laptops.
Draft the Terms of Service for this Website as Service Contract.

Assignment 4 (Topic3:1)
ABC Pvt. Ltd. runs the business of manufacturing of automobile spare parts. It has
head office at Mumbai.XYZ and Sons is a registered partnership firm. It runs the
business of retail sale of automobile spare parts at Pune. XYZ and Sons placed a
purchase order to ABC Pvt. Ltd. for supply of spare parts worth Rs. 11,00,000/-
.ABC Pvt. Ltd. delivered the goods to XYZ and Sons at Pune. XYZ and Sons
acknowledged the delivery of goods 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 facts, which will not be in
contradiction with given material facts.

Assignment 5 (Topic 3:4)

Manish a soft ware engineer in Hyderabad and Jacinta (Goa) B.Com graduate
got married under Special Marriage Act. They had a happy married life for 9
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 2012 due to rift, misunderstandings
they started staying separately. Meanwhile Jacinta filed for a divorce and is
pending before the court. Manish refused to pay her maintenance.

She needs a help to file an application for Maintenance under suitable law.

ASSGN -6 ASSIGMENT NUMBER 6 on Topic 4:8 -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:

 icensor/ Owner: ABC Private Limited

 Licensee: XYZ & 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 mobile phones and accessories

 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. 40,000 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. 2,00,000 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

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

Regular Bail Application

Topic 3:9

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 2008, in addition to being a recipient of a number of
medals and rewards.

The case of the prosecution is that the criminal gang of Latif 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 kill Latif 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 Latif. It is further alleged that accused
no. 3 reliably learnt that Latif 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 Latif 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 Latif. 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 Latif was staying in Sunmark Hotel, Carter Road, Bandra,
Mumbai under the assumed name of Usman. 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 Latif. Accused No. 23 alongwith the other accused brought Latif to
Bandra Crime Unit and made a station diary entry recording the arrest of Latif
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 Latif to Jaipur for the purposes of
investigation and requested accused no. 22 and 23 to provide them vehicles to take
Latif 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 Latif was killed in an encounter during the
early hours of 24th 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 of political parties and
human rights organizations were crying foul that none of the police officers from
Mumbai were not arrested at the instance of the ruling party at the center as the
ruling party at Maharashtra Government was an ally of the ruling party at the
center. Later, CBI issued press release stating that they have filed a supplementary
chargesheet against NB and GSR before the court of 2nd Addl. C.M.M. (CBI
Cases), Mazgaon Court, Mumbai. GSR came to be arrested on 15th July 2013 and
was produced before the Magistrate on the same day. The Ld. 2nd 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.
 OR

ASSNM 7 & 8

STUDENT MAY ASSUME ANY OTHER NEW SITUATION/NEW FACTS

AND MAY DRAFT THE ABOVE TWO APPLICATIONS PERTAING TO
ASSIGNMENT NO-7 AND ASSNMNT 8

Topic 7- Service Contracts

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

Firm, intending to Franchise its Confectionery Business to Y 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. 5,000,000 [Rupees Five

Million Only];

Periodic Renewal Fee : Rs. 3,000,000 [Rupees Three

Million Only];

License to use Trademark & Logo : “ABC”;

Number of Outlets/ Stores : 1 [One];

Outlet/ Store Name : ABC 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

ABC Confectionary;
Sub-Assignment/ Sub-Franchising : Not Permitted;
Territory/ Area : Pune City.

Assignment number 10

Mr Shekhar Gupta ,Bank Manager in the Nationalised Bank working in Delhi

purchased a Laptop in Delhi of Rs- 47000/-manufactured by Zigma Company
,Korea on June 1st , 2018 and gifted to his friend Mr Rakesh Thanekar ,
Management and Motivational Trainer at Pune on 8th June 2018. After one week
the laptop was found faulty and was not performing the various functions due to
which he has suffered a lot .Mr Rakesh repeatedly called to Call centre (Service)
for help and also informed Mr Shekhar about the faulty piece of Laptop.

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

OR

ASSGNMNT-10 DRAFT ANY CONSMUER COMPLAINT AT SUITABLE

FORUM BASED UPON ANY OTHER FACTS

Qu 11. ABC Corp. Construction Co. from Singapore wants to invest in the real
estate industry in Pune an amount of US $ 50, 00,00,000. The company has
approached to Pune based Construction and Development Company by name AZ
Developers Ltd.

Draft the Joint Venture Agreement between the parties wherein under the Joint
Venture a new JV company will be formed with equal participation in equity.

OR

Qu 11. ‘Zukunaki ’ a motorbike company of Japan want to enter into Joint venture
agreement
with a ‘Shakti’ -an Indian Automobile company to promote their business of the
motorbikes.
Draft the Joint Venture Agreement.
OR

QU 11 DRAFT ANY JV OF ANY POPULAR BUSINESS

Qu 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.

OR

Qu 12 A lawyer named……founder of the NGO ‘Apna Haq’ came across that the
State of ………. has not appointed full time protection officers u/s 8 0f Domestic
Violence Act, 2005 and rules there under, to provide assistance to the aggrieved
woman with respect to the medical examination, facilitating legal aid, safe shelter,
for implementation of court orders etc.. However the State of …. has given the
additional responsibility to other revenue officers who are already burdened with
their work and unable to do the needful to aggrieved women. This has resulted into
violation of various fundamental rights and protections guaranteed by the
Constitution of India.

Draft a petition of Public Interest Litigation.

Reference-

 Articles- 14, 15 (3), 21 of the Constitution of Law.

 Convention on Elimination of all forms of Discrimination against Women ,
1989
 The Vienna Conference, 1994, The Beijing Declaration and The Platform
for Action, 1995
 The Protection of Women from Domestic Violence Act, 2005 and Rules
there under

Qu 13 Viren,Rajesh,Amit ,Deepak, Raju 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

OR

Qu 13 Mr. D and Mr. E both brothers have lost their suit for partition of
immovable property against their uncle Mr. F.

Prepare a Memorandum of appeal from district court to High Court in a civil

matter

Qu. 14 A Petitioner -Mr….a Civil Engineer 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 forgive 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. One of the villager informed to him
that her (wife’s) parents are going to send her to her elder sister’s place in another
country.

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.

Reference –
 Article 226/227 of the Constitution of India
 IPC, Cr PC ,Evidence Act
 Probable Parties –The Secretary ,Home Department ,State
 The Superintendent of Police /Commissioner of Police
 The Station House Officer
 Those parties who threatened the petitioner and those who must have
detained his wife
 Wife

Qu 15 Mr X,Y,Z has been convicted by the lower court on the charges of causing
Murder of the deceased named………and grievous hurt to named……..by using
deadly weapons . The learned High Court confirmed the punishment of Mr X
and acquitted the rest of two- Mr. Y and Z.

According to petitioner the lower court and High Court is erred in convicting Mr.
X merely on the testimony of highly interested witnesses and the order is
impugned, erroneous and void.

The High Court would have considered the role of petitioner and would have
applied rule of Parity with other appellants before this High Court.

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

OR

DRAFT ANY OTHER SLP BASED UPON ANY OTHER FACTS .