Jai Ganeshaya Namaha

Q1. Explain the term ‘Pleading’. What are the fundamental rules of pleadings ?
Explain.
Order 6, Rule 1 of The Code of Civil Procedure, 1908 defines ‘pleading’. It means
either a plaint or a written statement.
According to Halsbury’s Law of England, A ‘pleading’ is used in civil cases to denote
a document in which a party to a proceeding in a court of first instance is
required by law to formulate in writing his/her case or part of his/her case in
preparation for the hearing.
Pleadings
The backbone of every suit of civil nature is what is called as pleadings. The
meaning of the term ‘plead’ is to ‘state and argue a case’. It is the main
paperwork that is required by advocates while arguing their cases.
In a civil suit, there are two parties – the one who institutes the plaint/complaint,
i.e. the plaintiff, and the other, who gives a reply to the plaint in the form of a
written statement, i.e. the defendant. The plaint contains the cause of action, or
the issue(s) in controversy. The written statement contains the defences and
denials in the form of a reply. All the legal documents, such as petitions, motions,
rejoinders, declarations, memorandums, etc. are included in pleadings.
In India, the adversarial legal system is followed, which means that there are two
parties to a suit. One of them stakes a claim, and the other disputes that claim.
The case will proceed only when the pleadings from both parties are submitted,
along with relevant documents.
Objective of Pleadings
The main objectives of pleading, as explained in Ganesh Trading Co. v. Moji Ram,
Equivalent citations: 1978 AIR 484, 1978 SCR (2) 614 are:
• To inform the other side of a suit against them, so that they are not taken
by surprise
• To allow the court to determine the relevant issues between the parties
• To reduce expenses and delay in the process of suits
The overall objective of pleading is to narrow down the issues of the parties upon
which adjudication would take place, instead of raising irrelevant contentions and
wasting the time of the courts.
Fundamental Rules of Pleading
Order 6 of the Code lays down the four fundamental rules of pleading. They are:
1. Every pleading must state material facts on which the party relies (facta
probanda). Unnecessary facts must not be stated. The facts so pleaded will
be validated through laws by the court.
2. Pleading must state facts and not law. A question of law need not be
pleaded, but a question of fact should be pleaded. In case the question is one
where facts and laws are mixed, that question needs to be specifically
pleaded.
3. The pleading must not contain any evidence of the facts presented. Once the
issues (facta probantia) are settled, only then will the facts be authenticated
through evidence. Also, only material facts should be stated. Material facts
are those which must be proved by a party to a trial to establish the cause
of action or defence.
4. All material facts need to be stated concisely. To be concise is to mean that
the facts presented must be to the point and not vague or implied. Every
fact should be stated separately, and the pleading must be in paragraphs,
with numbers. Dates, figures and amounts should be mentioned in digits as
well as in words.
General Points
The names and places must be mentioned with correct spellings and the spellings
must be the same throughout the pleading. The use of pronouns should be avoided
so that confusion is not created. The plaintiff and the defendant must be
mentioned by the word ‘plaintiff’ and ‘defendant’ in the pleading. If the parties on
either side are more than one, then the names of the parties along with their side
(plaintiff/defendant) can be used. All facts must be presented boldly and personal
language must be avoided at all costs, because it alters the case. Ifs and buts should
be avoided, as well as complex sentences. Pleadings should always be signed by the
party and their advocate, and verification must also be done. In case the dispute is
with a company, the secretary or any principal officer of the company is
responsible for signatures and verification. The law permits a person to rely on
more than one right and similarly, the defendant can also take up more than one
defence. Pleadings can be amended, but only according to Order 6 Rule 17 of the
Code of Civil Procedure.

Draft a plaint for damages on account of rash and negligent driving.

In the Court of the Munsif of Allahabad.
Suit No of 1951
Alternatively
In the Court of Motor Accident Claims Tribunal (DJ)
Motor Accident Claim No. 235 of 2022

A, son of X, caste Khatri, resident of Katra, Allahabad occupation service, aged 50

years Plaintiff.

B, son of Y, caste Brahmin, resident of Civil Lines, Allahabad, occupation business,

aged 40 years Defendant No. 1.

And

C, son of Z, caste Kurmi, resident of Attar Suiya, Allahabad, occupation business,

aged 18 years Defendant No. 2.

The plaintiff above-named begs to state as under—

1. That the plaintiff is a foreman in the service of the Leader Press, Allahabad.

2. The defendant No. 1 is the owner of car No. U.P.C. and defendant No. 2 is his
driver.

3. That on the 10th April, 1951,- while the plaintiff was returning to his house
from the Press at about 6 in the evening and was near the Purshottam Dass Park,
defendant No. 2, who was driving the car rashly, took a wrong turn towards the
right and in so doing knocked the plaintiff down and overran him by his car.

4. That In consequence of this accident the plaintiff sustained serious injuries

inasmuch as he got severe bruises in his right leg and two of his teeth were
knocked off. Besides these, there were four contusions on different parts on his
body. All this necessitated his stay in the hospital for a month.

5. That the plaintiff has, as a result of the injuries, been permanently

incapacitated and has been put to great expense in his treatment. He has had to
absent himself from duty on account of these injuries from the 11th of April for
which he has lost his salary.

6. That the cause of action for the suit arose on the 10th of April, 1951, when
the accident took place.

7. That the accident took place at Allahabad within the jurisdiction of the court.

8. That the valuation of the suit for purposes of jurisdiction and court-fee is Rs,
840.

Relief:
The plaintiff, therefore, prays:

1. That a decree for Rs. 840 be awarded to him Particulars of Special Damages

Expenses on account of medicine Rs. 100

Room rent in the hospital for 30 days Rs. 90

Food and extra nourishment Rs. 100

Loss of salary for two and a half months Rs. 250

Rs. 540

General Damages Rs. 300

Total Rs. 840

2. That interest pendente lie and future be awarded to him.

Verification:
I, A, do verify that the facts stated in paragraphs 1 to 5 of the above plaint are
true to my personal knowledge and the contents of paragraphs 6 to 8 are believed
by me on information received to be correct. I append my signature to this
verification at Allahabad on the 30th day of June, 1951.

(Sd) A (Plaintiff)

(Sd. S.B. Misra),

Pleader.

Q2. What do you understand by ‘Revision’ ? On what grounds, a revision can be

made ?
Introduction:
The Code of Civil Procedure, 1908 is a procedural law related to the
administration of civil proceedings in India. Section 115 of the Civil Procedure
Code, 1908 provides the provisions on the Revision. It empowers the High Court to
look into the cases which have been decided by the subordinate courts. Hence, the
High Court has revisional jurisdiction. In other words, the Higher courts exercise
the power of supervision on the lower courts. Section 115 limited to errors of
jurisdiction only.
Object:
• The main object of the revision is to prevent the subordinate court from
acting arbitrarily or illegally.
• To empower the High court to look at proceedings of the subordinate court
are in accordance with the law and acting within the jurisdiction of the
court.
• To correct the errors of jurisdiction done by the subordinate courts.
• To ensure the aggrieved party that if the order passed against them is non-
appealable then it can be rectified by the High Court.
Nature and scope of Revision:
The High Court should satisfy itself on 3 Matters:
 • The order which is passed by the lower court is within the jurisdiction of
that court.
• The case is of such nature that the court is ought to exercise its jurisdiction.
• That the subordinate court has acted legally, acted within the four corners
of law and acted without committing any error.
If the high court satisfies these three matters then it has no power to interfere.
Where there is no question of jurisdiction the decision cannot be corrected by the
High Court. Hence, the question must arise out of jurisdiction.
Who may file?
1. Application by aggrieved party – When the order passed by the subordinate
court and the party who is aggrieved by such order can apply for the revision in
the High Court.
2. Suo moto – Under section 115 of the Civil Procedure Code, 1908 the High
Court may exercise suo moto action of revisional jurisdiction. In simple words, the
High court may act of its own motion call any record and accordingly pass the
orders.
Grounds of revision under CPC
The High Court’s revisional power cannot be invoked unless the following conditions
exist:
1. Court has decided the case:
In general sense, the case must be decided by the court and should not be pending.
In case of Baldevdas Shivlal v. Filmistan Distributors India Pvt Ltd., the Apex Court
held that a case may be said to have been decided if the court adjudicates for the
purpose of the suit some right or obligation of the parties in controversy. Every
order in the suit cannot be regarded as case decided within the meaning of Section
115 of the code.
2. Such court is subordinate court:
Unless the order is passed by a subordinate court, the High Court cannot exercise
the power of revisional jurisdiction. Therefore, it is necessary that the case should
be decided by the subordinate court. The subordinate courts sometimes known as
inferior or lower courts.
Where it is provided that a matter should be decided by particular court, the
presiding officer of such court will act as a court. But where it is provided that a
particular judge should decide a matter, the provisions of the statute will have to
be considered for the purpose of determining whether the judicial officer acts as a
court or as a persona designate.
3. Non -Appealable order:
There must not be any appeal lying against the case decided by the subordinate
court. The High Court cannot revise a case if there is a pre-existing appeal against
the case as the revision interferes with the appeal and vice-versa. The revision can
only be filed once the appeal is dismissed. The word “appeal” includes both the first
appeal and second appeal. Therefore, the revision can only lie when the appeal is
dismissed or does not lie.
4. Jurisdictional errors:
The revisional jurisdiction can be applied by the High Court when the subordinate
court appears to have:
1. Acted in excess of jurisdiction vested in it by law, or
2. Failed to exercise the jurisdiction vested in it by law, or
3. Displayed material irregularity and exercised its power illegally or in
breach of the provisions of law.
a) Exercise of jurisdiction not vested by law –
Here, the assumption of the subordinate court is that it vested some powers but in
reality, the subordinate court does not have such powers and acted beyond its
boundaries. In such cases, the High Court is empowered to correct the decision
given by the subordinate court.
example
• The wrong assumption by the lower court that it has jurisdiction
• Entertain an appeal which it has no jurisdiction
• Makes an order which it has no jurisdiction
• Grants injunction order without considering relevant facts
b) Failed to exercise jurisdiction vested in it –
If the subordinate court having power vested in it but not acting accordingly and
declines to exercise its duty or act then revisional power of the High Court takes
place or High can interfere in such case.
example
• Refuse to give summons to deponent for cross examination
 • Fails to execute the decree
• Reject the plaint, application etc.
• Rejection of counterclaim
c) Exercise of jurisdiction illegally or with material irregularities:
When the subordinate court does not act legally or acting arbitrarily, capriciously
in the exercise of their jurisdiction. In simple words when the court misuses its
powers and in case of errors of jurisdiction committed by the Subordinate Court,
the revisional jurisdiction taken by the High Court.

5. Alternative remedy
The power of revisional jurisdiction and its application lies under the discretion of
the High Court and cannot be claimed as a right by any aggrieved party. Several
factors are considered before the authority of revisional jurisdiction is exercised. If
there is the presence of an efficacious or alternate remedy available to the
aggrieved party, the court may not exercise its revisional jurisdiction and instead
suggest the alternate remedy and relief to the aggrieved party. This is done to
prevent the misuse of revisional jurisdiction and make it applicable only in cases
where necessary.

Limitation:
Article 131 of the Schedule of Limitation Act provides a limitation period of 90
days for filing the revision under the Code of Civil Procedure from the date of
decree or order or sentence sought to be revised. Thus, the limitation period
prescribed for filing the revision against the impugned order is 90 days. The
application for revision must be filed with the High Court within the limitation
period.

Sample draft Revision Petition

IN THE HIGH COURT OF MADRAS
CIVIL APPELLATE JURISDICTION
CIVIL REVISION NO.333 OF 2020
Name……………………………………………………………..Petitioner
Versus
Name……………………………………………………………..Respondent
REVISION PETITION UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE,
1908 CHALLENGING THE ORDER PASSED ON _____IN THE CASE NO._____.
The Petitioner MOST RESPECTFULLY SHOWETH:
1. That, the instant Revision Petition is filed by the Petitioner under Section 115
of the Code of Civil Procedure (CPC), 1908 being aggrieved by the Order dated
_______ passed by the Ld. Civil Judge, ______________, New Delhi in Civil
Suit No. ________of 2019 seeking to set aside the same. The certified copy of
the impugned order is annexed hereto and marked as Annexure A1.
2. The Petitioner seeks the intervention of the Hon’ble Court as the subordinate
court had refused to summon two important witnesses who were determinant to
the case. Without the court intervention, and thereby issuing an Order of
Summons, there is no way that they would appear and answer on Oath. The
non-appearance of the witness would lead to grave injury caused to the
Petitioner. Thus, this petition to direct the Subordinate Court to issue summons
to the witness and thereby exercise the jurisdiction the court has.
BRIEF FACTS OF THE CASE
3. The money suit was filed by the Petitioner on __________based on the
contract entered into by the Plaintiff and the Defendant for jointly bidding a
tender floated by the Public Sector Unit (PSU). It was agreed that the sale
proceeds would be distributed equally to the bidders.
4. The parties secured the tender in their favour for Rs.5,00,000 and the
amount was credited to the Defendants account. But, the value of the tender
would least amount to Rs. 10,00,000.
5. The Defendant after receiving the sale proceeds informed the Plaintiff that he
had accepted the tender for Rs. 5,00,000. When the Plaintiff enquired the
Defendant as to why such low amounts were secured, the Defendant gave
evasive response and never explained why such less amount was received,
when clearly the value of movies is much higher. As per the terms and
conditions of the contract half of the financial proceeds belong to the Plaintiff.
6. That the trial court framed issues on 19/01/2019 and directed the Petitioner
to produce evidence, upon which the Petitioner promptly furnished to the court
below four witnesses making a request that the witness should be summoned
by that Court.
7. The Plaintiff listed 4 witnesses out of which there are 2 witnesses from the
PSU.
8. The Judge refused to entertain such a request and directed the Plaintiff to
secure the attendance of the 2 PSU witnesses on his own.
9. The Judge, after cross-examining the two other witnesses had passed an
order to close the witness of the Plaintiff (order dated 15/07/2019).
10. Two witness of the petitioner had appeared and their statements were
recorded. However, the learned Presiding Officer of the court below passed an
order that the remaining witnesses be produced by the petitioner-plaintiff on his
own without seeking the assistance of the court. This order was passed despite
a request by the petitioner that at least those witnesses named in the list who
are State employees should be summoned by the court, as they are required to
produce and prove some official records.
GROUNDS:

i. That on the date of hearing the learned trial court by the order impugned
in this revision closed the evidence of the petitioner-plaintiff on the
ground that the remaining witnesses were not produced by him.
ii. That the impugned order has caused great prejudice to the petitioner and
if the same is allowed to stand the petitioner’s suit is bound to fail.
iii. The Judge has failed to exercise the powers granted to him under Order
XVI, Rule I of the Civil Procedure Code, 1908.
iv. That the trial court has unjustifiably denied assistance of the court to the
petitioner-plaintiff to secure the attendance of his witnesses. The
interests of justice demand that he is provided with all legal assistance
in this regard.
v. The purpose of summoning the two PSU witnesses has a great impact on
the case. Only on them giving testimony can the rights of the parties
be decided and the justice can be upheld and the real rights of the
parties be decided.
vi. That it is violative of the principles of natural justice and fair trial.
11. The Plaintiff submits that all court fees have been paid.
12. The Plaintiff submits that there is no appeal in the High Court or any other
Court subordinate to it.
PRAYER
In the facts and circumstances discussed above the petitioner prays that this
Hon’ble Court be pleased to

1. Quash and set aside the order under revision.

2. Direct the court below to provide assistance of the court for
summoning the plaintiff-witnesses.
And pass any such other orders as the court may deem fit and proper in the
light of the given circumstances and thus render justice.

Q3. What are the kinds of Mortgage ? Draft a simple mortgage deed.
Definition of Mortgage
Section 58(a) of the Transfer of Property Act, 1882: A mortgage is the transfer
of an interest in specific immoveable property for the purpose of securing the
payment of money advanced or to be advanced by way of loan, an existing or
future debt, or the performance of an engagement which may give rise to a
pecuniary liability.
NB: A pecuniary liability occurs when an employer pays a bill or a debt for goods
or services that is in law the liability of the employer. Examples will be where the
employer pays the telephone bill of the employee, the contract for the provision of
the telephone is between the telephone company and the employee.
The transferor is called a mortgagor, the transferee a mortgagee; the principal
money and interest of which payment is secured for the time being arc called the
mortgage-money, and the instrument (if any) by which the transfer is effected is
called a mortgage-deed. For example, X takes 5 lakh rupees from Y by giving his
house as security. Here X is the mortgagor and the Y is mortgagee and house is
immovable property.

At its core, a mortgage is a loan that enables individuals or families to buy a home
or other types of real estate. The property serves as collateral, which means that if
the borrower fails to repay the loan as agreed, the lender has the right to foreclose
on the property and sell it to recoup their losses. Mortgages are typically repaid in
regular instalments over a fixed term, usually ranging from 15 to 30 years,
although there are other term options available as well.
Essentials Of Mortgage
There are three main essential elements of mortgage that should be fulfilled to
make the mortgage.
• Transfer of Interest by the mortgagor to the mortgagee
• The property belonging to the mortgagor and the security should be
immovable property
• Purpose of transfer of interest is must be for the security of debt

There are six common types of mortgages in India:

1. Simple Mortgage
It has below characteristics:-
i) That the mortgagor must have bound himself personally to repay the loan
ii) That to secure the loan, he has transferred to the mortgagee the right to have
the specific immovable property sold in the event of his having failed to repay
iii) That the possession of the property is not delivered to the lender.
2. English Mortgage
It has below characteristics:-
i) That the mortgagor should bind himself to repay the mortgage money/loan on
a certain day/date;
ii) That the mortgaged property should be transferred absolutely to the
mortgagee ; and
iii) That such absolute transfer should be made subject to a proviso that the
mortgagee will re-transfer it to the mortgagor, upon the payment by him of the
mortgage money as agreed on the appointed day.
3. Usufructuary Mortgage
It has below characteristics:-
i) That the possession of the property is delivered to the mortgagee;
ii) That the mortgagee is to get rents and profits in lieu of the interest or
principal or both;
iii) That no personal liability is incurred by the mortgagor and
iv) The mortgagee cannot foreclose or sue for sale.
v) That no time limit can be fixed expressly during which the mortgage is to
subsist.
Usufructuary mortgage is not prevalent in India.
4. Mortgage by Deposit of Title Deeds
Known as the equitable mortgage and defined under Section 58 (f) of Transfer of
Property Act, 1882. The essential requisites of such mortgage are:
i) a debt should be there
ii) deposit of the title deed with the lender (most essential)
iii) said deposit is with intention that the said title deed shall be security for the
debt.
Section 96 of the Transfer of Property Act, 1882 places mortgages by deposit of
title deeds on the same footing as simple mortgage. As such, the security can, like
a simple mortgage can be enforced by a suit for sale of mortgaged property, of
course, by the process of the law. And this kind of mortgage does not require
registration and is at par with any other legal mortgage.
5. Mortgage by Conditional Sale
Where the mortgagor ostensibly sells the mortgaged property —
i) on condition that on default of payment of the mortgage-money (loan) on a
certain date the sale shall become absolute, or
ii) on condition that on such payment being made the sale shall become void, or
iii) on condition that on such payment being made the buyer shall transfer the
property to the seller,
the transaction is called a mortgage by conditional sale and the mortgagee a
mortgagee by conditional sale:
Provided that no such transaction shall be deemed to be a mortgage, unless the
condition is embodied in the document which effects or purports to effect the sale.
This kind of mortgage came into vogue in India during Muslim rule and was given
legal recognition in the Bengal Regulation Act, 1978.
6. Anomalous Mortgage
A mortgage that doesn’t come under any of the above-mentioned mortgage types
is an Anomalous Mortgage.

Draft of Simple Mortgage Deed

This Deed of Mortgage made at ...................... this ................ day of ................... Between
X, son of ............................... resident of ............................ hereinafter called as a
mortgagor of the ONE PART and Y, son of ...................... resident of ..................
hereinafter called as a mortgagee of the OTHER PART.

WHEREAS, the mortgagor is absolutely seized and possessed of or otherwise well

and sufficiently entitled to the house bearing municipal no................ situated on
........................ Road, ....................... more particularly described in the Schedule
hereunder written;

AND WHEREAS, the mortgagor has requested the mortgagee to lend him a sum of
Rs. ........................ which the mortgagee has agreed on the mortgagor mortgaging his
property.

NOW,This Deed Witnesseth

That in pursuance to the said agreement and in consideration of the sum of Rs.
.................. at or before the execution of these presents paid by the mortgagee to the
mortgagor (the receipt whereof, the mortgagor doth hereby admit and
acknowledge and of and from the same hereby release and discharge the
mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay
on the ..................... day of ................. (hereinafter called "the said date"), the said sum
of Rs. ................. with interest @ ........ % per annum from the date of these presents
till the repayment of the said sum in full, every quarter the first instalment of
interest to be paid on the ................... day of .......... 20___ and each subsequent
instalment on the ................ day of July, October, January and April of each
succeeding year until the said sum is repaid in full.

AND this deed further WITNESSETH that

In consideration aforesaid, the mortgagor doth hereby transfer by way of

mortgage his house bearing municipal no ................. situated on .............. Road .
...................... and more particularly described in the Schedule hereunder written as a
security for repayment of the said sum with interest @ ................ per annum with
the condition that the mortgagor, his heirs, executors, administrators or assigns
shall on the said the pay to the mortgagee, his heirs, executors, administrators or
assigns the said sum of Rs .............. together with interest thereon at the rate
mentioned above, the said mortgagee, his heirs, executors, administrators, or
assigns shall at any time thereafter upon the request and at the cost of the
mortgagor, his heirs, executors, administrators or assigns reconvey the said house,
hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his
heirs, executors, administrators or assigns or as he or they shall direct.

And It Is Hereby Agreed And Declared that if the mortgagor does not pay the said
mortgage amount with interest when shall become due and payable under these
presents, the mortgagee shall be entitled to sell the said house through any
competent court and to realise and receive the said mortgage amount and
interest, out of the sale proceeds of the house.
And It Is Further Agreed And Declared by the mortgagor that during the period,
the mortgage amount is not paid and the said house remains as a security for the
mortgage amount, the mortgagor shall insure the said house and take out an
insurance policy in the joint names of the mortgagor and mortgagee and continue
the said policy in full force and effect by paying premium and in case of default by
the mortgagor to insure or to keep the insurance policy in full force and effect, the
mortgagee can insure the said house and the premium paid by the mortgagee will
be added to the mortgage amount, if not paid by the mortgagor on demand.

And It Is Further Agreed That the mortgagor can grant lease of the said house
with the consent of the mortgagee in writing.

And It Is Further Agreed by the Mortgagor that he shall bear stamp duty,
registration charges and other out of pocket expenses for the execution and
registration of this deed and reconveyance deed but however each party will bear
cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first
hereunder written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;

1.

Q4. What do you understand by ‘Conveyancing’ ? What are the different

component parts of a deed ?
The art of “conveyancing” is of English origin. The word “To convey”means, to
transfer, to make over. The word conveyancing means and denote an instrument
or 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.
Object and Function of Conveyancing
Movable property may be physically given and taken by actual delivery, while this
is not possible in case of immovable properties. Thus, conveyancing is that branch
of the law of transfer of property which deals with the mode of and form of
transfer to which both transferor and transferee have agreed upon. Its main object
is to enable the owner of real property to make voluntary transfer of their right,
title and interest therein for some specific purpose and for a specified period. Such
transfers are not otherwise possible than by conveyancing.
It incorporates the expressions of the intention of the parties to the deed of
conveyance so that accordingly it shall take effect. In case of any doubt, dispute,
ambiguity and susceptibility , the real intention of the parties may be discovered
from the words, phrases and the expression used in the deed.
It is a document of title to the property and forms the basis of a record of rights
maintained by the Government. It is, also, a documentary piece of evidence.
A conveyance deed is the transfer of property rights, titles, and ownership from
one person to another, not necessarily always for consideration.
Therefore, a conveyance deed is necessary to make sure that the buyer, who buys
the property has all the right over it and can hold, or sell it on his or her wish. The
seller transfers all the legal rights of the property (movable or immovable) to the
name of the buyer after signing the conveyance deed for a valid monetary
consideration.
What is the difference between Conveyance Deed and Sale Deed ?
The terms conveyance deed and sale deed are often used interchangeably and
while they refer to the same contract, there is a subtle difference between the two.
All sales deeds are conveyance deeds but conveyance deeds can also include gift,
exchange, mortgage and lease deeds.
Can Conveyance Deed be cancelled ?
 According to Sections 31 to 33 of the Specific Relief Act, 1963, cancellation is
possible when and if an individual feels that the deed is voidable or has a doubt
that such a deed will cause him injury if left outstanding. If the deed was
registered according to the laws prescribed in the Indian Registration Act, 1908
the cancellation may be executed by mutual consent of all parties.
Conveyance deed vs sale deed

Conveyance deed Sale deed

Conveyance deed is transfer of property

Sale deed is needed when a property is sold
rights and ownership from one person to
to buyer in exchange of consideration
another and need not be for consideration

Always involves consideration. Monetary or

Consideration is not necessary
non-monetary

Transfer of rights of the property for a

Transfer of rights of the property is permanent.
limited time period

While buyer can use the property, he can’t

Buyer has the right to use and sell the property.
sell it.

Components of A Deed:
A deed contains various paragraphs, wherein each paragraph is concerned with
specific details or information in a comprehensive language. The key components of
a deed are:
Heading of Document: It should mention the title of the deed.
Description of the deed title: The description of the deed title, which starts with
the name of the deed and so the deed must contain the accurate title, i.e. “This
Deed of Partnership” or “This Deed of Sale”. Further, these words have to be
written in block letters.
Date and place of execution: The execution date of the deed, follows the description
of the deed title, which is relevant in a document, for the applicability of the law,
maturity period, registration and transfer of title, etc.
Name and Description of the parties: Name and details such as age, address, etc. of
all the parties and inter-parties concerned should be stated in the document. At
the time of describing the parties, the details of the transferor are stated prior to
the details of the transferee. And if there is any confirming party, his/her details
are to be mentioned after the details of the transferor.
Recitals: It includes the precise story of the property to the point, it is bestowed to
the transferors. It must be kept in mind that the recital is simple and abridged.
Description of Property: Full description of the property needs to be provided in
the document presented for registration, as per the Registration Act. A complete
description of the property is also important because it makes it easier to identify
the property in the records of the Government and check if it is free from any
charge.
Terms and Conditions: As the name suggests, terms and conditions specify the
general and special arrangements, rules, requirements, specifications, etc.
Exceptions and Reservations: It implies the introduction of specific rights to be held
by the transferor over the property to be agreed by the transferee.
Habendum: This is familiar “to have and to hold” (in Latin, Habendumet tenendum) clause of the English precedents. In
India such phrases as ‘to have and hold” or such an expression as “to the use of the purchaser” are not strictly necessary
but there is no harm in continuing the established practice.

Covenants and Undertakings: It alludes to the agreement under seal, by which the
parties concerned, promises for the truth of certain facts. It is written as “The
Parties aforementioned hereto hereby mutually agree with each other as follows:”
Signature of the Parties and Witness: After attestation, the signature of the parties
and their witnesses need to follow. The last part of a deed is the testimonium which sets forth the fact
of the parties having signed the deed. This is not an essential part of the deed, but as it marks the close of the deed there
is no harm in continuing the established practice. The usual English form of testimonum is as follows: “In witness whereof
the parties hereto have hereunto set their respective hands and seals the day and year first above written.
The use of seals is not common in India except in cases of companies and corporations, and the proper form in simple
language would be somewhat as follows:
“In witness whereof the parties hereto have signed this deed on the date first above written.”

Annexure or Schedule: A deed is regarded as incomplete unless the particulars

required by the registration law concerning the land or property are provided in
the Schedule to be attached with the deed. For the execution of a deed, a stamp
paper of a prescribed value is required.
Sample Conveyance Deed

This conveyance made on ………… day of ………… between Mr. ‘X’ hereinafter called
as “The Vendor” (which expression shall unless excluded by repugnant to the
context be deemed to include his successors in office and assigns) of the one part
and Shri/ Smt. / Kumari/ daughter/ wife/ widow of Shri ………… …………. A
resident of ………… ………… ………… through his or her attorney Shri/ Smt. / Kumari/
daughter/ wife/ widow of Shri ………… ………… ………… hereinafter called the
“Allottee” (which expression shall unless excluded by repugnant to the context be
deemed to include his successors in office and assigns) of the second part and Shri/
Smt. / Kumari/ daughter/ wife/ widow of Shri ………… …………. A resident of …………
………… ………… hereinafter called “The Purchaser” (which expression shall unless
excluded by repugnant to the context be deemed to include his successors in office
and assigns) of the third party.

WHEREAS the Allottee is a member of the Co-Operative Society which was

allotted land measuring ………… sq. mts at ………… ………… vide lease deed dated ………
……… ……… and registered with Sub-Registrar of Delhi as document no. ……… in
book no. ……… volume no. ……… at pages ……… to ……….

WHEREAS vide Allotment letter No. ……… dated ……… Flat No. ………. Block No.
……… situated at ……… ……… ……… (Full particulars of the property may kindly be
mentioned here) was allotted to the side allottee herein, subject to the limitation,
terms and conditions mentioned therein.

AND WHEREAS the allottee had given the possession Shri/ Smt. / Kumari/
daughter/ wife/ widow of Shri ……….. A resident of ……… ……… ……… has executed
the power of attorney on ……… appointing Shri/ Smt. / Kumari/ daughter/ wife/
widow of Shri ………. A resident of ……… ……… ……… as his or her attorney
authorizing him or her to sell the property on his or her behalf.

AND WHEREAS representing that the said allotment is still valid and subsisting the
said allottee has applied to the vendor through his attorney for grant of
revisionary interest of the vendor in the land underneath the flat allotted or leased
or conveyed to him or her in favour of the purchaser and the vendor has agreed to
convey the revisionary interest in the land underneath the demised property to
the purchaser subject to the terms and conditions appearing hereinafter.

Q.5 Distinguish between:

• Complaint and FIR
• Inquiry and Investigation
• Cognizable and Non Cognizable Offence
Complaint and FIR
Definition of Complaint
The term ‘complaint’ can be defined as any type of accusation excluding a police
report, made verbally to the Magistrate, to make him/her take action as per the
Criminal Procedure Code, that a person has committed an offence.
Although, a police report in a case is also considered as a complaint when after
investigation it is revealed that a non-cognizable offence is committed. In such a
condition, the officer who prepares the report is deemed as the complainant. In a
civil lawsuit, a complaint is termed as a plaint.
Any person is allowed to file a complaint, except in the case of marriage and
defamation, where only aggrieved party can complain. In a complaint, the
complainant requests to penalise the culprit appropriately.
Definition of FIR
First Information Report shortly known as FIR can be described as every
information concerning the cognizable offence, verbally provided to the officer in
charge of the police station by the victim or the witness or any person who is
aware of the commission of the crime.
The officer may write down the information provided by the informant in the
format prescribed after which the FIR made is read over by the officer and duly
signed by the informant after completely verifying the details provided. A copy of
FIR is given to the informant.
Similarities between Complaint and FIR
• Both Complaint and FIR are means to inform the police of a suspected
criminal activity
• Both are made by an individual or a group of people
• Both require the providing of details such as date, time, and location of the
crime
• Both Complaint and FIR are related to criminal offenses
• Both Complaint and FIR are the initial steps taken before any legal
proceedings.

Basis of First Information Report Complaint

Difference
Definition FIR is not defined in the code. Complaint is defined u/s 2 (d),
However, it can be said to be an CrPC, 1973 which means any
information given to the police allegation made orally or in writing
first in point of time relating to a to a magistrate, with a view to his
cognizable offence. taking action under the code, that
some person whether known or
unknown has committed an
offence. It, does not include a police
report
Who may First information report may be Whereas, Complaint can be filed by
Apply? lodged by any person such as the any person subject to certain
aggrieved party or an eye witness exceptions.
Whom to First information report is made Complaint is made to a magistrate
Apply? to the competent police officer
Nature of First Information Report must A complaint may relate to a
Offence relate to a cognizable offence on cognizable or non-cognizable
the face of it. offence.
Investigation When a FIR is lodged, a policer Whereas, when complaint is filed
officer starts with investigating no investigation is done by the
the matter. police officer until directed by the
competent authority.
Cognizance At the first instance, no A Magistrate takes cognizance on
cognizance is taken by the the complaint made to him at the
Magistrate until particular FIR is very first stage.
reported to him.
Format There is prescribed format by law No prescribed format is given for
for FIR filing a complaint. But some
essential ingredients are to be
satisfied.
Basis of First Information Report Complaint
Difference

Inquiry and Investigation

What is an Inquiry
An inquiry is a process where people investigate or explore a specific issue or
question to gather information and knowledge. Inquiries can take various forms,
such as formal or informal, internal or external, and public or private.
For example, public inquiries generally help to investigate and address issues of
public concern, such as corruption, human rights violations, or misconduct by
public officials.
The primary objective of an inquiry is to conduct a thorough and impartial review
of the issue at hand and produce a report or set of recommendations. This report
or recommendations will help to address the problem or prevent similar issues
from occurring in the future.
What is an Investigation
An investigation is a systematic and thorough process of gathering and analyzing
evidence and information to uncover facts or details about a particular issue or
problem. The purpose of an investigation is to determine the truth or accuracy of a
situation, usually in a legal, law enforcement, or regulatory context.
In a legal context, an investigation is a formal process of gathering evidence and
information to determine whether a crime has been committed or to identify the
perpetrator of a crime. Law enforcement agencies or other government bodies
with the authority to investigate crimes generally carry out such investigations.
BASIS FOR
INVESTIGATION INQUIRY
COMPARISON
Meaning The investigation is the executive Inquiry is a legal process, which
procedure of systematically is initiated with an aim of
collecting the facts and evidence, clearance of doubt, finding out
and determining the the truth or furtherance of
circumstances of the case. knowledge regarding the case.
Defined in Section 2 (h) of CrPC Section 2 (g) of CrPC
Conducted by Police Officer or any other Magistrate or Court
person authorized by Magistrate.
Stage First Stage Second Stage
Objective Collection of facts and evidence Determination of truth and
falsehood of the allegations
Commencement When an FIR or complaint has When charge-sheet is filed.
been lodged.
Ends in Filing of Police Report Framing of Charges
Nature of Administrative Process Judicial or Non-Judicial Process
Process
BASIS FOR
INVESTIGATION INQUIRY
COMPARISON

Cognizable and Non-Cognizable Offence

An offence is a prohibited act or crime that can be reported to the police, a court,
etc., and is subject to punishment.
What is A Cognizable Offence?
A cognizable offence is one for which a police officer may arrest the defendant
without a warrant and launch an inquiry without the magistrate’s prior approval
under the first schedule or any other law currently in effect.
What is Non-Cognizable Offence?
The offences specified in the Indian Penal Code's first schedule that are bailable are
non-cognizable offences. In the event of a non-cognizable offence, the police are
prohibited from detaining the suspect without a warrant and from opening an
inquiry without the court's approval.
Difference between Cognizable Offence and Non-Cognizable Offence
Particulars Cognizable Offence Non-Cognizable Offence
Definition As per section 2(c) of As per section 2 (l) of
Code of Criminal CrPC, “non-cognizable
Procedure, 1973, offence” means an offence
“cognizable offence” for which, a Police officer
means an offence for has no authority to arrest
which a Police officer may without warrant
arrest without warrant in
accordance with the First
Schedule or under any
other law for the time
being in force
Meaning Offences which are serious Non-cognizable offences
in nature, whereby Police are criminal offences
are authorised to initiate against private persons,
investigation and make whereby arrests can be
arrests without a judicial made by the Police only
warrant after the warrant is
issued by concerned
courts/ Magistrates
Nature of offence Cognizable offences are Non-Cognizable offences
 serious in nature
Initiation Cognizable offences are
wrongs against the state,
against the public at
large. Hence, prosecution
is taken care of by the
state, i.e. the government
Punishments under IPC Offences punishable by
death penalty, life
imprisonment or
imprisonment for a term
more than 3 years
Warrant Not necessary for Police
before conducting search
or arrests.
Court’s approval Police does not require an
approval from court for
the purpose of
commencing investigation
Information Cognizable offences can be
reported directly to the
police in the form of FIR.
If Police refuse to register
an FIR, complaint can be
lodged with the
Magistrate as well
Examples Cognizable offence
are criminal in nature but
comparatively less serious
than cognizable offence
examples
These are private offences
against another person.
That is why prosecution
in such crimes has to be
initiated by the victims
themselves
Non-cognizable offences
are those punishable with
imprisonment of a term
less than 3 years.
Warrant issued by
Magistrate is required by
the Police before
proceeding for arrest or
search of any premises
In order to start
investigating on a matter,
Police requires prior
approval from court of
appropriate jurisdiction
Police officials are not
legally bound to register a
complaint for non-
cognizable offences. Hence,
a criminal complaint has
to be registered with the
Magistrate
Examples of non-
 examples include rape, cognizable offences include
murder, theft, etc. forgery, cheating,
defamation, etc.

Q.6 What is a Sale Deed ? What are its components ? Draft a Sale Deed of
Immovable Property.
A sale deed is a document through which the Seller transfers his rights and
interest in a property to the purchaser/ buyer, who in turn acquires absolute
ownership over the property.
The Components of a Sale Deed are:
1. Description of parties
• The first clause in the original sale deed is a description of parties which
states the basic details of the buyer and seller, such as their names,
addresses, occupations, and the date of execution of the deed.
• The parties may be an individual or a company, a corporate body trust, etc.
therefore; one must ensure that the person is eligible to contract.
2. Description of the Property
• The subject matter must be precisely defined; therefore, an accurate
description of parties must be given, which includes the carpet area,
measurement of the plot, registration number of the land, the length of the
property, construction details of the building, exact location, etc.
• A proper understanding of these details’ schedules may be attached to the
deed or a graphical representation.
3. Sale Consideration
• One of the most important clauses in any deed is the consideration which
means something in return for executing a valid deed; there must be a
proper consideration.
• Therefore, a proper price must be decided between the parties. To avoid
confusion, one must mention the cost in numbers and words in the deed.
• In the case of the original sale deed, the general practice is to pay a certain
amount of money in advance to ensure that the buyer does not back out
from the deal at a later stage.
 • The amount received in advance must be mentioned in the deed and the
remaining amount to be paid in the future. This serves as an
acknowledgment to a buyer from the seller.
• Also, the mode of payment decided between the parties must be mentioned.
It may be in cash, demand draft, cheque, or via internet banking as suitable
to both the parties.
4.Transfer of Title clause
Transfer of ownership is the main goal of buying a property; in the original sale
deed, transfer of title refers to the transfer of ownership; the such transfer may
happen immediately, or after a specified period of time; upon transfer of
ownership, the date of possession is decided and which is specifically mentioned in
the original sale deed.
5. Indemnity and Encumbrance clause
The seller must ensure that the property transferred is free from any
encumbrances such as charges, taxes, demands, and outstanding bills, and this
must be, and a clause is added in the original sale deed in this respect. If such
charges remain, the buyer who pays them off has the right to ask the seller to
indemnify him. The seller must also ensure that the property is free of any type of
litigation.
6. Liability in case of default
If either of the original sale deed’s parties is at fault, that party is responsible for
making good for the loss caused to the not-at-fault party so that the original sale
deed’s execution is not jeopardized.
7. Right to call off the deal
• One can include a clause in an original sale deed that allows them to ‘back
out’ of a business transaction if certain circumstances arise.
• It gives them the right to refuse to continue and perform any future
obligations related to the completion of the transaction in certain
circumstances. The right to call off clause is a type of provision.
8. Dispute Resolution
• People seek to include a dispute resolution clause in their original sale deed
to avoid this situation and seek alternative measures. It establishes a
 procedure agreed upon by the parties for how to proceed in the event of a
dispute.
• The most common is arbitration. If any of the parties is still dissatisfied with
the decision, they can petition the Court to resolve the dispute.
9. Witness
At least two witnesses must attest original sale deed, along with their personal
information such as name, age, and address and the signatures of the vendor and
the vendee.
10. Time of essence clause
This provision essentially reinforces the idea that parties to a transaction may
suffer losses if the transaction is not completed on time.
Points to Remember When Executing a Sale Deed
The sale deed must include a clause that indicates the transfer of ownership rights
to the buyer after the purchase is complete.
The title of the property must be free from all encumbrances.
The buyer must verify the encumbrance status of the property from the sub-
registrar office.
All utility bills, including water and electricity bills, property tax, etc., related to
the property must be paid.
There must be no further dues, such as mortgages, litigation or charges on the
property.
The sale deed must specify all the terms and conditions of the sale of the
property.
The sale deed must specify the rights and liabilities of the buyer and seller over the
property.

Deed of Sale of Immovable Property

THIS DEED OF SALE executed on the…………………. day of……………, between V, son of
VF, resident of…………………., hereinafter called vendor of the one part and P son of
PF, resident of…………………, hereinafter called the purchaser of the other part. (The
expression "Vendor" and "Purchaser" wherever they occur in these presents, shall
also mean and include their respective heirs, executors, administrator, legal
representatives and assigns).
WHEREAS the vendor is the sole and absolute owner of the property more fully set
out in the Schedule hereunder:
AND WHEREAS it is agreed that the vendor shall sell and the purchaser shall
purchase the said property for the sum of Rs.…………………. (Rupees in words) free of
all encumbrances.
NOW THIS DEED OF SALE WITNESSES AS FOLLOWS:
1. The price of the property more fully set out in the Schedule is fixed at
Rs.…………………. (Rupees………………….) free of all encumbrances.
2. The purchaser has paid to the vendor this day the sum of Rs………………….
(Rupees………………….) by way of earnest money for the due performance of this
deed of sale, the receipt of which the vendor doth hereby admit and acknowledge.
3. The time for performance of this deed of sale shall be…………………. months from
this date, and it is agreed that time fixed herein for performance shall be the
essence of this contract.
4. The purchaser shall pay to the vendor the balance sale price of Rs………….
(Rupees………………………..………………….) before registration of the sale deed.
5. The vendor agrees that he will deliver vacant possession of the property to the
purchaser before registration of the sale deed.
Alternatively
The vendor agrees that he will put the purchaser in constructive possession (if
vacant possession is not possible) of the property by causing the tenant in
occupation of it to attorn their tenancy to the purchaser.
6. The vendor shall execute the sale deed in favour of the purchaser or his nominee
or nominees as purchaser may require.
7. The vendor shall hand over all the title deeds of the property to the purchaser
or his advocate nominated by him within………………. days from the date of this
deed of sale for scrutiny of title and the opinion of the vendor's Advocate
regarding title of the property shall be final and conclusive. The purchaser shall
duly intimate the vendor about the approval of the title within……………. days after
delivering the title deeds to him or his Advocate.
8. If the vendor's title to the property is not approved by the purchaser, the
vendor shall refund to the purchaser the earnest money received by him under this
deed of sale and on failure of the vendor to refund the earnest money
within………… days, he shall be liable to repay the same with interest thereon
at…………………. per cent per annum.
9. If the purchaser commits a breach of the deed of sale, he shall forfeit the
earnest amount of Rs…………………. (Rupees………………….) paid by him to the vendor.
10. If the vendor commits a breach of the deed of sale, the vendor shall not only
refund to the purchaser the sum of Rs.……………. (Rupees………………….) received by
him as earnest money, but shall also pay to the purchaser an equal sum by way of
liquidated damages.
11. Nothing contained in paras 9 and 10 supra shall prejudice the rights of the
parties hereto, to specific performance of this deed of sale.
(Schedule of Property)
IN WITNESS WHEREOF the vendor and the purchaser have set their hands to the
deed of sale the…………………. of…………… in the presence of the witnesses:

Witness: Vendor
Witness: Purchaser

(2A) Specimen Schedule of the Property

1. Municipal No./Ward No./Plot No./Khasra No.:
2. Location: Street No.:
Street Name:
3. Place/Area
North:
South:
East:
West:
4. Sub-District Hqrs./Tehsil/Taluka:
5. Police Station:
6. District/State:
7. Exact Measurement:
Total Area: Measurement of all sides:
Plinth area/floor area: Sketch/plan:
Carpet area:
8. Fixtures & Fittings:
9. Any other items to be covered in sale deed.
10. Permitted use of the land/building:

In case of agricultural land, the schedule may be modified to include the Khasra
Nos./Plot Nos. with area and location as per the revenue records supplied by the
Patwari or revenue office of the Sub District/Tehsil/Taluka.

It is also a requirement that a survey is done as to ascertain the exact

measurement of area and compare it with what is mentioned in the title deed.
Buyer can make sure that he is buying a property of a particular measurement.

Q.7 What do you understand by ‘Bail’ ? Draft a Bail application.

The word bail has been coined from the French word ‘bailer‘, which means to
deliver or give. The tentative release of an accused from custody is termed as bail.
In other words, bail is the security for the accused person.
The Indian Constitution under Article 21 guarantees the right to life and personal
liberty to every individual. A person is assumed to be innocent unless proved guilty.
Hence, an accused shall not be deprived of personal liberty unless prescribed by a
fair and just procedure.
The term ‘bail‘ is nowhere defined in the Criminal Procedure Code, 1973.
However, bail provisions have been defined in CrPC under sections 436-450.
The first schedule of CrPC also defines which offences are bailable and which are
not. Generally, non-bailable offences are more heinous crimes.
Bail in Bailable Offence
Section 436 of CrPC deals with provisions for bail in bailable offences. This
provision is mandatory in nature, and the police or the court has no discretion
over it.
Case Law: Vaman Narayan Ghiya vs the State of Rajasthan: The apex court has
held that no jurisdiction lies to any court while granting bail under section 436
CrPC except asking for security.
Note: 2005 Amendment of CrPC removed the sureties in the case of indigent or
poor, needy persons.
Bail in Non-Bailable Offence
Section 437 of CrPC deals with provisions for bails regarding non-bailable offences.
It is based purely on the discretion of the court (other than the High Court and
Sessions court).
Case Law: Kalyan Chandra Sarkar vs Rajesh Ranjan: The apex court observed that
the detention of the accused in non-bailable offences could not be questioned as
being violative of Article 21 of the Constitution.
Stages or Types of Bail
1. Anticipatory Bail
Anticipatory bail is filed before the arrest is made. In other terms, it is also known
as pre-arrest bail. The accused apprehending arrest can approach the High Court
of the concerned state for anticipatory bail application under section 438 of CrPC.
2. Bail on Arrest
This is filed after the arrest of the accused person. Under Section 437 of CrPC, the
arrested person can approach the court for bail.
3. Bail for Convict
This is filed post-conviction by the court, and an appeal lies against the same.
When the accused has been convicted by the court and has preferred an appeal,
the accused can apply to the appellant court for bail.
4. Default Bail
When the charge-sheet is not filed in the court within the prescribed time period
or in other words, the investigation remained incomplete within the stipulated
time period; the accused is entitled to default bail.
5. Interim Bail
Interim bail is nowhere defined in CrPC. The concept of interim bail was started by
the Hon’ble Supreme Court in 2009, stating that interim bail be granted pending
disposal of bail application because arrest and detention of a person may cause
irreparable loss. In Lal Kamlendra Pratap Singh vs State of U.P. and Ors. (2009) ,
the Supreme Court reaffirmed that a judge considering a regular bail application
has the inherent authority to grant interim bail while the bail case is being decided
on in its entirety.

Draft Bail Application under section 437 of Code of Criminal Procedure

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT (give the name of the
police station or the Illaka Magistrate where the bail application is being filed)

IN THE MATTER OF
STATE
VS
(Mention the name of the applicant)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
Accused under custody since: (Give the date on which accused has been arrested)

APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF

THE ACCUSED (name of the applicant of the bail along with his father’s name,
address and other details)
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts
stated in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant and arrested him in the
present case, the applicant is a respectable citizen of the society and is not involved
in any criminal case.
3. That the facts stated in the complaint against the applicant are civil disputes
and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required, nor any recovery is to be made at the instance
of the applicant.
5. That the applicant is having very good antecedents, he belongs to good family
and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and
when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to any police
officer.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the
Court.
11. That the applicant is ready and willing to accept any other conditions as may
be imposed by the Court or the police in connection with the case.

PRAYER
It is therefore prayed that the court may order for the release of the applicant on
bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in favor of the applicant.

APPLICANT

THROUGH
COUNSEL

Q.8 What do you understand by ‘Writ’ ? How many types of writs are there ?
Draft a writ petition under article 226.
Writs are orders given by courts to uphold the Fundamental Rights of people
(citizen or alien). Writs are written orders issued by the Supreme Court or a High
Court directing Indian citizens to pursue constitutional remedies in the event that
their basic/fundamental rights have been violated.
The five types of writs are:
• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
 • Quo Warranto
Habeas Corpus Writs
Habeas Corpus Writ is issued by the Courts to bring a person in front of the court.
The Writ safeguards the fundamental right of protection of life and liberty of
people against unlawful detention by the state or private authority. The Latin
meaning of Habeas Corpus is ‘to have the body of’.
The following points must be noted with respect to the Habeas Corpus Writ:
The court can issue it against the state or private authority.
It cannot be issued when,
Detention is ordered by the court itself.
Detention is lawful, and is for contempt of court or contempt of the legislature.
Mandamus Writs
Mandamus’ meaning can be translated to ‘We Command’. Thus, it is an order
given by Courts to executive authorities to perform certain actions to safeguard the
fundamental rights of people. A Mandamus writ can be issued against any public
body, tribunal, corporation, or lower court.
The following points must be noted with respect to the Mandamus Writ :
It cannot be issued against private individuals or organizations.
It cannot be issued to enforce departmental instructions that are not backed
statutorily.
It cannot be issued against the constitutional office of the President or the
Governor.
Prohibition Writs
Prohibition translates to ‘to forbid’. Prohibition Writs are issued by the higher
courts to the lower courts and the Tribunals when the higher court feels that the
lower courts and the Tribunals are going beyond their jurisdiction. It is an order
forbidding them to proceed in a particular matter.
The following points must be noted with respect to the Prohibition Writ :
It is only issued against the lower courts or the tribunals.
Certiorari Writs
Certiorari can be translated to ‘to be certified or informed’. The Court issues this
writ to lower courts or tribunals to transfer certain cases pending before them or
to quash orders issued by them in certain cases. This is done when the Supreme
Court or the High Court feels that the lower court or tribunal has gone beyond its
jurisdiction. It is remedial in nature in contrast to Prohibition Writ, which is only
preventive in nature.
The following points must be noted with respect to the Certiorari Writ :
It can even be issued against administrative authorities affecting the Fundamental
Rights of people (after the Supreme Court ruling in 1991).
It cannot be issued against law-making bodies and private individuals or
organizations.
Quo Warranto Writs
Quo Warranto can be translated to ‘by what authority or warrant’. Clearly, it is
issued by the court to prevent the usurpation of public offices when it violates the
fundamental rights of people. Using this, a court questions the claim of an
individual over a public office.
The following points must be noted with respect to the Quo Warranto Writ:
It can be issued only when public offices are created by statutorily or under the
Constitution.
It cannot be issued against the ministerial office.
Writs Jurisdiction: Writ Jurisdiction of the Supreme Court or the High Courts
upholds their position as protector of the fundamental rights of people. It
complements the fundamental right to constitutional remedies under Article 32 of
the Indian Constitution. As discussed above, the courts can issue 5 types of writs to
bring this into effect.

Draft a writ petition under Article 226

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1. Mr. ____________ son of _________
Resident of _________ PETITIONER
VERSUS
1. _____________
___________ College
New Delhi
Through its Principal RESPONDENT NO. 1
2. The Chairman
University Grant Commission
New Delhi RESPONDENT NO. 2
3. Mr. _________________
Assistant Professor
___________ College RESPONDENT NO. 3
New Delhi
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO
THE RESPONDENTS AND REMOVE RESPONDENT NO. 3 FROM THE POST OF
ASSISTANT PROFESSOR.

To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226 of the
constitution of India Praying for direction or order in the nature of Quo Warranto
to the respondents and remove Respondent No. 3 from Assistant Professor Post.
2. That, the Petitioner is a Law abiding Citizen of India and residing the above
address.
3. That the Petitioner has approached this Hon’ble Court seeking issuance of a writ
in nature of a Quo Warranto against Respondent No. 3, questioning his
appointment and for his consequent removal from the post of the Assistant
Professor.
4. That, on__________, the Respondent No. 3 has been appointed as Assistant
Professor with _____________ College. Copy of Appointment letter is attached herewith
and marked as Annexure P1.
5. That Respondent No. 3 has not qualified NET examination and not eligible to
appoint as Assistant Professor as per the UGC Regulations to appoint as Assistant
Professor. His appointment is in violation of Section ____ of UGC Act and UGC
Notification Dated ______. Copy of relevant sections of UGC Act and UGC
Notification dated _____ is attached herewith and marked as Annexure P2.
6. The Petitioner aggrieved by the impugned Appointment order of the
Respondent No. 1 has approach this Hon’ble Court.
7. The Petitioner submits that the order dated ______by Respondent No. 1 is in
Violation of UGC Act and UGC Notification regarding qualification of teachers to be
appointed in colleges.

GROUNDS
8. That the present Writ Petition is being filed on the following, amongst other,
grounds without prejudice to each other;
A. Because the appointment order dated ______ is in violation of UGC Act.
B. Because Respondent No. 3 has not cleared National Education Test examination,
hence he is not eligible to be appointed as Assistant Professor in a Government
College under UGC.
C. Because UGC Notification dated____ clearly states that a Person qualified NET
examination only can be appointed as Assistant professor in a College.
D. Because the appointment is illegal and unsustainable in law as the eligibility
conditions are totally ignored / violated.

PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed
that this Hon’ble Court may be pleased to:-
a) Issue a Writ in the nature of Quo Warranto to the Respondents to remove
Respondent No. 3 from the Post of Assistant professor;
b) Any other relief, order or direction this court may deem fit and proper under
the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL
EVER PRAY.
FILED BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON:
Drawn by:
New Delhi
Date:

Format of a writ petition for High courts

WRIT OF HABEAS CORPUS

In the High Court of Judicature at ________

Writ Petition No._________

Under Article 226 of the Constitution of India

……………PETITIONER

VERSUS

……………RESPONDENTS

To

The Hon’ble Chief Justice and His Companion Judges of the aforesaid Court.

The humble petition of the petitioner above named respectfully showeth:

1. Facts
2. Question(s) of law
3. Grounds
PRAYER

Draft a Habeas Corpus petition under Article 226

 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. OF 2020
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

______ S/O ___________

AGED ABOUT ____ YEARS

RESIDENT OF __________

THROUGH ____ S/O ___, AGED _____

YEAR AS NEXT
FRIEND PETITIONER

VERSUS

1. STATE GOVERNMENT HOME DEPARTMENT

DELHI RESPONDENT NO. 1

2. DISTRICT MAGISTRATE TEES HAZARI COURT

NEW DELHI RESPONDENT NO. 2

3. SUPERINTENDENT TIHAR JAIL

NEW DELHI RESPONDENT NO. 3

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION

OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF
HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3 THEREBY
QUASHING THE IMPUGNED ORDER AND DIRECTING THE
RELEASE OF THE PETITIONER AND GRANTING REASONABLE
COMPENSATION TO THE PETITIONER

To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.
 The humble petition of the
Petitioner above named.

1. That the Petitioner is filing the present writ petition under article
226 of the constitution of India praying inter alia for issuing writ of
habeas corpus to respondent no. 1, 2 and 3 thereby quashing the
impugned order and directing the release of the petitioner and
granting reasonable compensation to the petitioner.
2. That the petitioner resides in _________ and has been a law
abiding citizen of India.
3. That on ___day of____, the Petitioner was arrested and detained
for a period of 2 months in the Tihar Jail, New Delhi, wherein the
Respondent No. 3 is the Superintendent, with an order passed by the
Respondent No.1 dated ___under the National Security Act, 1980. A
copy of the order by the Respondent No. 1 has been annexed herewith
as Annexure 1.
4. That, on the date of getting detained and arrested in the Tihar Jail.
The Petitioner was not informed about the grounds of his detention by
Respondent No. 3.
5. That after Ten days of getting arrested and detained, the Petitioner
was informed of his ground of arrest and detention.
6. The report of the ground of detention was furnished to the
Petitioner in English, which is not understood by the Petitioner.
7. The Petitioner's father is interested in the release of the Petitioner
from the detention.
8. That the Petitioners have no other efficacious remedy except to
approach this Hon'ble Court by way of this Petition under Article 226 of
the Constitution of India.
9. That the Petitioners have not filed any other petition or preceding in
any court or tribunal throughout the territory of India regarding the
matter.
10. Therefore, the order by Respondent No. 1 dated______, is illegal,
arbitrary and with lack of jurisdiction because of the following grounds
given below:-

GROUNDS
That the present Writ Petition is being filed on the following, amongst
other, grounds without prejudice to each other;
a. Because the grounds of detention were furnished to the Petitioner
after prolonged delay.
b. Because the Petitioner's detention is violative of Article 21 of the
Indian Constitution.
c. Because the grounds of detention of the Petitioner was given in
English, which is not comprehensible for the Petitioner.
d. Because the grounds of detention is very arbitrary and vague.

PRAYERS
In view of the facts & circumstances stated above, it is most
respectfully prayed that this Hon'ble Court may be pleased to:-
a) Issue a Writ of Habeas Corpus to the Respondent 1 to 3 thereby
quashing the impugned order;
b) Issue an appropriate Writ Directing release of the Petitioner;
c) Issue appropriate Writ granting reasonable compensation to the
Petitioner;
d) Any other relief, order or direction this court may deem fit and
proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY
BOUND SHALL EVER PRAY.

FILED BY:

(________________)
ADVOCATE FOR THE PETITIONER

DRAWN ON:
Drawn by:
New Delhi
Date:

Draft a Gift Deed

GIFT DEED

This deed of gift made this ______ Day of __________(month) ____________(year) between;

Mr. __________________, Age ____years,

Resident of _____________________
 (Hereinafter called the “Donor”) of the One part
And,

Mr/Miss ___________________, Age ____ years,

Resident of __________________
(Hereinafter called the “Donee”) of the other part.
Witnesseth as follows:

1. In consideration of natural love and affection being son/daughter of Donor, the donor hereby
assigns unto the donee sum of Rs._____________ (amount) and to have and to hold the same
unto the donee absolutely.
2. The possession of the Rs._____________(amount) vide cheque No. ________Drawn on
_____________________ , _____________ Branch dated _/_/__ hereinabove donated unto the
donee and has been physically handed over to the donee as absolute owner before execution of
this Gift Deed.
3. The said gift of the Rs.______________(amount) has been accepted by Mr/Miss
___________________________.
4. The donor from this date reserves no right or interest on the said sum hereby gifted which shall
from this day be the sole and exclusive property of the donee.
5. The property hereby gifted is the donor’s self-acquired property accumulated out of income
earned and has full right and authority to dispose off it any manner he may think fit.

In witness whereof, the parties hereto have put their respective signatures on this deed of gift in
presence of witnesses.

SIGNATURE, NAME AND Donor

ADDRESS OF THE WITNESS ________________________

______________________ (______________________)

______________________

______________________

______________________ _________________________

_______________________ (__________________________)
 DRAFT OF WILL

I, ______________, son of Shri _______________, aged __ years, resident of

_____________________________, do hereby revoke all my former Wills, Codicils and Testamentary
dispositions made by me. I declare this to be my last Will and Testament.

I maintain good health, and possess a sound mind. This Will is made by me of my own independent
decision and free volition. Have not be influenced, cajoled or coerced in any manner whatsoever.

I hereby appoint my ________________, as the sole Executor of this WILL.

The name of my wife is _________________. We have two children namely, (1) __________________
(2) ________________, I own following immovable and movable assets.

1. One Flat No.___ in _______________________.

2. Jewellery, ornaments, cash, National Saving Certificate, Public Provident Fund, shares in
various companies, cash in hand and also with certain banks.

All the assets owned by me are self-acquired properties. No one else has any right, title, interest, claim or
demand whatsoever on these assets or properties. I have full right, absolute power and complete
authority on these assets, or in any other property which may be substituted in their place or places which
may be Acquired or received by me hereafter.

I hereby give, devise and bequeath all my properties, whether movable or immovable, whatsoever and
wheresoever to my wife, _____________________, absolutely forever.

IN WITNESS WHEREOF I have hereunto set my hands on this ____ day of ____, 2000 at
____________.

TESTATRIX

SIGNED by the above named Testatrix as his last WILL and Testament in our presence, who appear to
have perfectly understood & approved the contents in the presence of both of us presents, at the same
time who in his presence and in the presence of each other have hereunto subscribed our names as
Witnesses.

WITNESSES:

1.

2.