lOMoARcPSD|3848675

Important Question for Practical

Drafting of Pleading & Conveyancing

Q.1 What do you mean by Counter-Claim?

Ans. Counter claim is a claim set-up against the plaintiff in the same suit, being based on a cause of
action.
Q.2 What do you mean by cause of action?
And. The fact or facts which gives a person a right to judicial redress or relief against another”
Q.3 What is Replication?
And. The Court can in its discretion call upon the plaintiff to file a written statement in answer to
the please of the defendant or call upon the defendant to file an additional written statement in
answer to the claim of the plaintiff.
Q.4 What is set-off?
Ans. Set off is a claim for debt or damages set up by the defendant against the plaintiff in reduction of
his claim.
Q.5 What do you mean by F.I.R.?
Ans. FIR is a written document prepared by the Police when they receive information about the
commission of a cognizable offence. It is a report of information that reaches the police first in
point of time.
Q.6 What do you meant by Criminal complaint?
Ans. Complaint is a document which is sent or presented to the Magistrate with a view to his taking
action and not merely with a view to give information.
Q.7 Distinguish between complaint and F.I.R.?
Ans. A complaint is an allegation made orally one in writing to a Magistrate. F.I.R. is given in
writing or orally to a police officer.
Q.8 Distinguish between Inquiry and Investigation?
Ans. According to Sec.2(g) of CroP.C. – Inquiry means every inquiry, other than a trial, conducted
under this code by a Magistrate or court.
Investigation – According to Sec. 2(h) of Cr.P.C. 1973 Investigation includes all the proceedings
under this code for the collection of evidence conducted by a police officer or by any person
(other than a Magistrate) who is authorized by a Magistrate in this behalf.
Q.9 What do you meant by ‘Deed’?
Ans. A legal document that is signed and delivered, especially one regarding the ownership of
property or legal rights.
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Q.10 What are essential elements of ‘Gift’.

Ans. The essential elements of a gift are :-
(a) The absence of consideration
(b) The doner
(c) The done
(d) The subject matter
(e) The transfer and the acceptance.
Q.11 What do you meant by ‘Mortgage .
Ans. A mortgage is a way to use one’s real property, like land, a house or a building, as a guarantee
for a loan to get money.
Q.12 Differences between “Mortgage” & ‘Pledge’ & Will & Gift.
Ans. The security in Mortgaged is an immovable property, while in a pledge it is a movable property.

Q.13 What is your subject name?

Ans. Drafting of pleading and Conveyancing
Q.14 Which is main preliminary Civil Court?
Ans. District court
Q.15 On which article of the Indian Constitution deals with Superintendence of the High court?
Ans. Article 227 of the Indian Constitution.
Q.16 How many kinds of writs.
Ans. Five writs- Habeus Corpus, Mandamous, Certiorari, Prohibition and Quo-warranto.
Q.17 17Under which article of the Indian Constitution writ petition is the S.C & H.C ?
Ans. Article 32 and Article 226 of Indian Constitution.
Q.18 What do you mean by plaint and written statement?
Ans,. Plaint is the statement which is declared by the plaintiff and written statement which is reply by the
defendant for the plaint.
Q.19 Who are the Plaintiff and Defendant?
Ans. Which person files the plaint that plaintiff and which person given plaint’s answer that is defendant.
Q.20 What is the nature of civil suit?
Ans. Civil suit means the suit relating to the right to the property and right to the post.
Q.21 What is pleading?
Ans. Pleading means plaint or written statement
Q.22 Can you amend in pleading?
Ans. Yes
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Q.23 What do you mean by substantive law & Procedure law?

Ans. Substantive law means the law determined the right and duties of the parties and procedural law means
the law relating to the disposal of right and duties of the parties.
Q.24 What do mean by Conveyancing?
Ans. Conveyancing means the transfer of ownership or interest in real property from one person to another by
document, such as deed, sale and mortgage.