The Maharaja Sayajiirao University of Baroda

Name : Karishma Kahar

PRN: 2020033800073943
Subject : drafting and pleading assignment

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1. Draft a suitable Power of Attorney to be executed by the Owner of an immovable property,
authorising her attorney, who is her younger brother, to sell and transfer Flat
No:1, Baroda House, Alkapuri, Vadodara, and consideration to be collected in the name of the
Owner. Also provide a foot note on legal compliances as regards payment of Stamp Duty and
Registration.

POWER OF ATTORNEY TO EXECUTE A DEED OF SALE

TO ALL TO WHOM THESE PRESENTS SHALL COMEPOWER OF ATTORNEY

TO EXECUTE A DEED OF SALE

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 TO ALL TO WHOM THESE PRESENTS SHALL COME I Mr.X residing
at Flat no.1, Baroda House, Alkapuri, Vadodara send Greetings –

WHEREAS I have agreed to sell my property situated at Flat no.1, Baroda House, Alkapuri,
Vadodara and which is more particularly described in the Schedule hereunder written, by an
agreement for sale dated 28/10/2023 entered into with Mr. Y
AND WHEREAS the sale is expected to be completed within a short time to execute the said
Deed of Conveyance and other required documents.

AND WHEREAS I, therefore propose to appoint my younger brother Mr. Y as my true and
lawful attorney with full power to do and execute the following acts, deeds and things which he
has agreed to do.

NOW KNOW YOU ALL AND THESE PRESENTS WITNESSES That I, Mr. X hereby appoint
and constitute Mr. Y to be my true and lawful attorney or agent with full authority or power to do
and execute the following acts deeds and things.

On or at the time of completion of the sale of the said property, to execute the Deed of
Conveyance In terms of the draft approved by my advocate In favour of the said Purchaser or his
nominee.

To receive the sale price payable by the Purchaser under the said agreement and to pass a valid
receipt for. the same.

To sign the necessary transfer forms for transferring the said property to the name of the
Purchaser in the records of the Municipal Corporation and In the Revenue records of the Govt.

To execute any other documents Incidental to the Deed of conveyance if required and as advised
by my advocate.

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To lodge the Deed of Conveyance and other documents if any executed and requiring registration
in the office of the Registrar or Sub Registrar of Assurances concerned and or to admit execution
made before him.
To give formal possession of the said property to the Purchaser by handing over vacant
possession of such part of the said property as is in my personal occupation and by attorning to
the Purchasers, the tenants who are occupying the said property.
To make an account of the rents and outstanding of the said property by way of taxes, and other
charges, deductions etc. as on the date of completion and if after making account and
adjustments thereof any amount is found payable by me to the Purchaser, to pay the same or if
any amount is found payable by the Purchaser to me. to receive the same and give valid receipt
for the same.
To pay stamp duty and registration charges in respect of the said document or any part thereof, if
I am liable to pay the same under the said agreement or in law.
To settle and pay my advocate's fees in respect of the sale out of the sale proceeds.
To credit the net sale proceeds when received to my Bank Account with Bank of Baroda
To apply for and obtain Income Tax Certificate under section 230A of the Income Tax Act, 1961
for registration of the said Deed.
And to do all other acts and things as may be required to be done for completing the sale, of the
said property and executing the Deed of Conveyance, as I would do if personally present.
AND I, hereby agree to ratify all lawful acts and things done by the said attorney in
pursuance of the powers herein contained.
IN WITNESS WHEREOF I have put my hand this Saturday day of 28th october,2023.

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 THE SCHEDULE ABOVE REFERRED TO

Signed and
delivered by
the withinnamed Mr. Y
in the presence of Mr. Bn

FOOTNOTES:

● For the drafting the transfer of attorney of immovable property to draft the documents as
per the guidelines given.
● Then has to purchase stamp paper by paying stamp duty.
● Stamp duty is decided as per the square feet area of immovable property.
● The basic rate of stamp duty in Gujarat is 3.50%, while the total rate is 4.90% ,
registration fee in Gujarat is 1%
● Along with the drafted documents with details of both the parties and approved by the
both the parties and with stamp paper it is legally notarized I front of notary and thumb
impression is taken and the transfer of attorney becomes legal and the immovable
property is transferred to the purchaser.
1) INDIA STAMP ACT, 1889.
2) Proxy lodged with the company under Section 105 of Companies Act, 2013, is also a power of
attorney.
3) If a power of attorney executed in one State has to be sent to another state in which stamp duty
is higher than it should be stamped with difference in duty before it is so used otherwise the
power of attorney could be impounded.

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4) REGISTRATION IS NOT COMPULSORY but in some cases it may be compulsory under
REGISTRATION ACT, 1908.
5) General power of attorney even if it deals with immovable property but does not comes under
purview of Indian Registration Act it does not requires registration.

2. Mr. Sumul Bandhi, a Politian and a Member of Parliament was accused of committing
offences of Defamation, under the Indian Penal Code. During a campaign before the Lok
Sabha Elections, in a public address, Sumul, focusing on the Corruption, stated that those who
indulge in corruption carry the surname “Sodhi”. Pritam Singh Sodhi, MLA from Patiala filed a
private Complaint before the Patiala Court under Sec. 499, 500 of the Indian Penal Code.
Complaining that the statement amounted to defaming all “Sodhis” in the State of Punjab &
Hariana. The Patiala Court convicted Sumul and held him guilty of criminal defamation and
sentenced him to two years of imprisonment. However, The Court suspended his sentence,
granted bail and allowed him to appeal to the High Court. Draft suitable Appeal to the High
Court, challenging the Judgement of Conviction passed by the Patiala Court. Also provide a foot
note on the applicable legal provisions, case laws applicable against conviction that amounted to
a restriction in exercise of right to freedom of speech and for an excessive punishment that would
eliminate him from public life and Politics.

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IN THE HIGH COURT OF JUDICATURE AT PUNJAB

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 20XX

DISTRICT : XXX

MR. SMUMUL BANDHI

APPELLANT (ORI. ACCUSED NOS. 13)

APPELLANT (ORI. ACCUSED NOS. 13)

Age 23 years, Occ: Agriculturist

R/o village XXX, Tal. XXX

District – XXX

(At present serving the sentence

of rigorous imprisonment).

VERSUS

THE PATIALA HIGH COURT RESPONDENT

TO,

THE HONORABLE CHIEF JUSTICE AND

THE OTHER HONORABLE COMPANION JUDGES OF

THE HONORABLE HIGH COURT OF JUDICATURE

AT BOMBAY.

HUMBLE APPEAL OF
THE APPELLANT

ABOVENAMED.

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MOST RESPECTFULLY SHEWETH:

I. The Appellant is approaching this Hon’ble Court with the prayer that this Hon’ble
Court may be pleased to call for the entire record and proceedings in authorities owes
no responsibility whatsoever in respect of averments made respect of the Judgment
and Order of Conviction and Sentence, dated 01/01/0001 passed by the learned
Second Ad-hoc Additional Sessions Judge, XXX in Sessions Case No. 00 of 0000
and after perusal of the same be pleased to quash and set aside the said impugned
Judgment and Order of Conviction and Sentence and set the Appellant at liberty. By
the said Judgment and Order of Conviction and Sentence dated 01/01/0001 the
learned Judge was pleased to convict the present Appellant committed offences U/s.
499 and 500 the accused appellant was sentenced to suffer imprisonment for a period
of 2 years.
II. Facts of the case MAY BE incorporated here.
III. Being aggrieved and dissatisfied by the said impugned Judgment and Order of
Conviction and Sentence passed by the learned Second Ad-hoc Additional Sessions
Judge at Patiala district court, dated 01/01/0001, passed in Sessions Case No. 00 of
0000, the Appellant approach this Hon’ble Court with the prayer that this Hon’ble
Court may be pleased to quash and set aside the impugned Judgment and Order of
Conviction and Sentence on following amongst other grounds which are taken
without prejudice to one another. Hereto annexed and marked as “EXHIBIT - A” is
copy of the said Judgment and Order of Conviction and Sentence dated 01/01/0001
passed by the learned Second Ad-hoc Additional Sessions Judge at Thane, in
Sessions Case No.00 of 0000.

GROUNDS
1. Also as per the article 19(1)(a) right of freedom of speech has given to every citizen of
India and so if anyone restricts that right then it will be violation of fundamental right of
a citizen so here in name of defamation , rights of Mr. Sumul Bandhi has been restricted
which is an offence, so appleant Mr. Sumul bandhi appeals the court to set aside and
quash the conviction against him
2. So here appeal is made under article 226(1) which provides every individual remedy to
protect their own right so here the article 19(1)(a) is infringed.

3. As far as the limitatios of the article19(1)(a) Mr. Sumul Bandhi did not give any specific
statement about any particular person or which hurts the dignity of the country so the

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 conviction judgement given by te Patiala ditrict court is no considerable so it is the
appeal to the high court to set aside the conviction of the Mr Sumul Bandhi.

4. At the outset the Appellant most respectfully submit that the learned Judge has recorded
the findings and observations in the impugned Judgment and Order, which are totally
contrary, and against the principles laid down not only by the statutory provisions but
also against the principles laid down by the Apex Court. Hence, the impugned Judgment
and Order is bad in law and improper on facts and therefore the same is liable to be
quashed and set aside;
5. It is most respectfully submitted that accused did not specifically mentioned about the
Pritam Singh Sodhi he just mentoned “sodhis “ and he enlightened the topic of the
corruption held by them during campaign before the Lok sabha elections in a public
address he did not pin pointed Mr. Pritam Singh Sodhi or any other specific name of
Sodhi, so the appellant Mr. Sumul Bandhi is requesting the court quash and set aside the
conviction order against him.
6. The appellant most respectfully states that there is no such evidence on basis of which
Mr. Pritam Sigh Sodhi can prove that the Mr. Sumul Bandhi was specifically was talking
about him therefore the Ld. Judge should not have convicted the present appellant.
7. The appellant further states that the Mr Sumul Bandhi was addressing in general public
and in general tone to the public about corruption and was not intended to hurt
sentiments of the “Sodhi” community people so the Ld. Judge should not have convicted
the present appellant.
8. The Appellant most respectfully states that the as per the definition of the sec 499 IPC it
states that Public conduct of public servants.—It is not defamation to express in good
faith any opinion whatever respecting the conduct of a public servant in the discharge of
his public functions, or respecting his character, so far as his character appears in that
conduct, and no further.
This means any statement given in good faith cannot be considered as the
defamation so Mr. Sumul Bandhi was addressing the campaign before the Lok
Sabha elections and it was a public address which was public conduct and was
done by the public servant Mr. Sumul Bandhi and hence the impugned Judgment
is liable to be quashed and set aside.
9. The appellant most respectfully states that as per sec 499 IPC
another exception Imputation of truth which public good requires to be
made or published.—It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation should be
made or published. Whether or not it is for the public good is a question of fact.

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 this explains that the Mr. Sumul Bandhi was expressing truth for public good
during public address to make people aware about the corruption carried out by
the people but he didn’t specified the name of the Mr. Pritam Singh Sodhi so
hence the appellant request the court to quash and set aside the Judgment.

10. It is submitted that the complaint is a fabricated and afterthought document and the same
is prepared by the Police in order to falsely implicate the accused in this offence and as
per the sec 499 IPC
Sixth Exception.—Merits of public performance.—It is not defamation to
express in good faith any opinion respecting the merits of any performance which
its author has submitted to the judgment of the public, or respecting the character
of the author so far as his character appears in such performance, and no further.
So Mr. Sumul Bandhi was carrying out public campaign which is considered as
the public proceedings so the stamen he gave about corruption was intended for
public god and in good faith so it was ot a defamation case which Mr. Sumul
Bandhi was accused of, so here the appellant to set aside the conviction.

the Hon’ble High Court of Punjab.

The Appellant, therefore, pray that:-

(a) This Hon’ble Court may be pleased to call for the entire record and proceedings in respect of
the impugned Judgment and Order of Conviction and Sentence passed by the learned Second
Ad-hoc Additional Sessions Judge at XXX, dated 21st February 0000, in Sessions Case No. 00
of 0000;

(b) After perusal of the same this Hon’ble Court may be pleased to quash and set aside the
impugned Judgment and Order of conviction and sentence and set the present Appellant at
liberty;

(c) Affidavit of the Appellant may kindly be dispensed with as the Appellant are in jail.

(d) Any other order in the interest of justice may kindly be passed.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE APPELLANT SHALL, AS IN
DUTY BOUND, EVER PRAY. Mumbai

Dated this 3rd day of March, 0000

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 ADVOCATE
FOR THE APPELLANT

Mr.XX

FOOTNOTE:

● Section 379 – Appeal against conviction by High Court in certain cases

Where the High Court has, on appeal reversed an order of acquittal of an accused person
and convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term often years or more, he may appeal to the Supreme Court.
● Case law regarding the appeal made against the conviction that amounted to a restriction
in exercise of right to freedom of speech

1. Kaushal kishor v. state of Uttarpradesh &Ors.

2. Bhasin v.UOI.
● Here in his appeal to grant the appeal legal provisions are used:
● Exceptions of sec 499 IPC such as
Exception no. 1: Imputation of truth which public good requires to be made or published
Exception no.2: Public conduct of public servants.
Exception no.6: Merits of public performance

● Punishment that would harm Mr. Sumul Bandhi personal life and his political career so in
here political career and personal life which cover major part of every individual and as
under Indian constitution every citizen has given right to life under article 21 so if the
excessive punishment is given to Mr. Sumul Bandhi then it will led to diminishing the
career and personal life of Mr. Sumul Bandhi which will be infringement to the right
given to every citizen so it is appeal to court to avoid give excessive the punishment .

● So here appeal is made under this article 226 (1) as the fundamental right of the Mr.
Sumul Bandhi right freedom of speech is violated which is mentioned under article 19(a)
and remedy is given under Article 226(1) of the Indian Constitution states that every
High Court shall have powers to issue orders or writs including habeas corpus,
mandamus, prohibition, quo warranto, and certiorari, to any person or any government
for the enforcement of fundamental rights and for other purpose.

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 3. Draft a plaint on behalf of the creditor, who is an unpaid seller against the purchaser of
goods. As per the agreed terms, the delayed payment will attract interest @ 12% p.a., and
the transaction is subject to the exclusive jurisdiction of the Vadodara Courts. The
Creditor served a legal notice and in response, the buyer requested for time, pleading
financial crunch.

Suit for Recovery of unpaid amount from Buyer

In the Judicature of District Court, Vadodara

Suit No Of

(Space for Court-fee Stamp)

Mr. X S/o CD Age 25 Resident of Vadodara plaintiff

Versus

Mr. YS/o RS Age 45 Resident of Vadodara defendant

Suit for Recovery of unpaid amount from Buyer

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The plaintiff respectfully stated as follows: Inducement

1. Plaintiff is a creditor doing business at above suit address.

2. Defendant is a purchaser of goods from the plaintiff. Facts of the Suit:

3. That the defendant purchased the goods from plaintiff worth Rs. 6,00,000/- and made a part
payment of Rs. 1,00,000/- and remaining amount Rs. 5,00,000/- within 3 months to the plaintiff
with interest at 12% p.a. even after expiry of said 3 months period of the defendant fails to make
payment of remaining amount Rs. 5,00,000/- to the plaintiff. Thus, plaintiff is unpaid seller
against the purchaser of goods.

4. As per the agreed terms between plaintiff and defendant the delayed payment of goods will
attract interest at 12% p.a.

5. Plaintiff has served a legal notice and in response defendant has request for time, pledging
financial crunch on the around that due to seriousness there was no safe of the goods purchased
in the market.

Cause of action and limitation

6. The cause of action for the present suit on delay of payment. This delay of payment attracts
interest at 12% p.a. and despite of given notice by plaintiff to clear the due amount, the defendant
did not pay the same this wall the reason why plaintiff failed a suit. The suit is filed within period
of limitation.

Valuation

7. The suit is valued for the purpose of jurisdiction and court fee at Rs. 5,00,000/- plus interest at
the rate of 12% p.a. plus legal notice charge rs.1500/- Rs. 5,00,000/- Claim the money Rs.
15,000/- Court fee Rs. 60,000/- Interest (12% p.a.) Rs. 1500/- Legal notice charges
_________________________________________________ Rs. 5,76,500/- Total amount

Jurisdiction

8. The transaction was done in Vadodara and the plot is located in Vadodara, which is within this
court territorial jurisdiction.

9. The value of the contract is Rs. 5.00,000/- which is within this court’s pecuniary jurisdiction.

Prayer:

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10. The plaintiff thereof prays to claims that the court be pleased to order to the defendant to pay
the remaining amount of Rs. 5,00,000/- plus 12% p.a. interest and legal notice charge of Rs.
1500/- from the date of the suit till recovery is fall. 11. The plaintiff be permitted to deposit the
balance of consideration in the Hon’ble Court. The defendant be ordered to pay compensation
for mental harassment loss of wages and cost litigation.

12. 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 applications.

Date:

Place: Vadodara

_____________________________

(Signature of
Plaintiff)

________________________

(Advocate
for plaintiff)

Verification

I, the under signed creditor state that the above facts mentioned in suit are correct and true to the
best of our knowledge, belief and information.

Date:

Place: Vadodara

___________________

Signature
of plaintiff

(Creditor)

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__________________

(Advocate)

Affidavit

I undersigned Creditor, Aged: Adult, Occupation: Business, residing at Vadodara, do hereby

declare on oath that all the facts stated in above suit are correct and true to the best of our
knowledge, belief and intention.

Date:

Place: Vadodara

_________________________

Signature of
plaintiff

_______________________________ I know this signatory Advocate

IN THE COURT OF SMALL CAUSE JUDGE AT VADODARA

Money Suit
No. ____ of 2023

Plaintiff Creditor

Defendant Seller

List of Document

Sr No. Subject Date

1 Receipt of Sale of Goods -

2 Demand Notice Giving to seller along with Dispatch -

Proof

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3 Acknowledgment -

Date:

Place: Vadodara

____________________________

(Advocate for plaintiff)

4. Canadian Foods, a Company operating from Vadodara, is a proprietor of the Trade Mark
“Singh’s Biryani” along with the name, a picture depicting a Chef holding Biryani Bowl
is also registered. Canadian Foods operates a restaurant chain and retail outlets for take
away food. The Trade Mark & the picture are registered in India & in Canada. Draft a
Notice on behalf of Singh’s Biryani, to be served upon Mr.ABC, who is operating a
restaurant and take away outlet in Vadodara, in the name and style as “King’s Biryani”
selling Biryani and other food products for having adopted a deceptively similar mark
and is also using the picture of the King holding a Biryani Bowl in middle, with intention
to cause deception in the minds of the consumer and for diluting the goodwill and
reputation of the brand. Provide a footnote on the Case Laws pertaining to dilution of the
mark, impact on the reputation of a Trade Mark “Singh’s Biryani” which is associated
with a particular food product, having trans border reputation and associating the same
with local food. Please also specify whether the products sold belong to which class
under the Trade Marks Act and whether the food products sold under the registered brand
and the products sold by the infringing party belong to the same class

From,
Singh’s Biryani
To Mr.ABC
King’s Biryani

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Vadodara, Gujarat
Sub: Cease and Desist Trademark Use
1 To whomsoever it may concern, This law firm represents Singh’s Biryani in connection
with its intellectual property rights. It has come to our knowledge that you and your
business are using the trademark for your service or product. We believe your use
infringes our ownership if the registered trademark. We learned of your use of similar
trademark. We believe, we have exclusive rights to use the trademark. Singh’s Biryani
Originally situated and operating from Vadodara and holds Trademarks registration under
its name in Vadodara and Canada. It is a registered trademarkowner of its Mark “ Singh’s
Biryani” in India since 1979. Singh’s Biryani uses this mark in and around the Globe for
seling and providing eating services. The trademark was registered and recorded by
Canada Patent and Registrtion of Trademark Office.

Mr ABC has been using the similar name or trademark which is legally owned and used
by my client that you have been using itin the food serving Industry Only. Hence you are
in clear violation of trademark laws that you have been operating a road side stall by
name of “Singh’s Biryani” That you have been selling Biryani and have adopted a
deceptively

FOOTNOTE:
Section 29 of the trademark act ,1999 states that if in India my trademark is violated of
its exclusive rights that are granted to the proprietor registered under the act. That the
rights that are violated are those which are granted in relation to goods and services.
Section 29 & 30 of the same act lay down the provisions of protecting the registered mark
in case it is infringed by someone else. The products sold by the registered brand and the
infringing party will belong to the same trademark class.

similar. That by the use of the said deceptive domain mark you are infringing our
intellectual property rights and diluting the good will2 and reputation of client brand.

Hence you have neither requested or received permission from my client to use the
trademark in any business and are liable to fine and you shall

(1) Cease the use of trademark

(2) Prompt written assurance that you will cease and resist any

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 further unauthorized uses of trdemark within 16 days.
It is in your best interest to have the issue amicably solved and if you failed to comply to
this notice we will have to take a stringent legal resource of action. You may reply at
contact no. xxxxxxxxxx or mail us at Singh’sBiryani@yahoo.com.

Yours Sincerely,
Advocate xxx
(Sr. Advocate Patel and Sons)

7. Discuss and explain the following: a. Flower’s Five Rules of Drafting. b. Four P’s essential for
a successful Lawyer, as advised by Hon’ble Justice MR Shah, while speaking at the convocation
of a NLU. c. Provisions relating to (i) Order 6 – applicable for drafting of pleadings, (ii) Order 8
– applicable for drafting of a Written Statement, including a Counter Claim and (iii) Order 6,
Rule 17, for amendment of pleadings in Civil Proceedings.

i. FOWLER’S FIVE RULES OF DRAFTING:-

According to Fowler, “anyone who wishes to become a good writer should

endeavour, before he allows himself to be tempted by more showy qualities, to be
direct, simple, brief, vigorous and lucid.”
The principle referred to above may be translated into general in the domain of
vocabulary as follows:

a. Prefer the familiar word to the far fected

b. Prefer the concrete word to the abstract
c. Prefer the single word to the circumlocution
d. Prefer the short word to the long
e. Prefer the saxon word to the Roman

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 ii. SKETCH OR SCHEME OF THE DRAFT DOCUMENT Mr. Davidson
says as follows:

“The first rule on which a draftman must act is this-that before his darft is commenced, the
whole design of it should be conceived for if he proceeds without any settled design, his draft
will be confused and incoherent, mant things will be done which ought to be done and left
undone which ought to be done. He will be puzzled at every step of his progress in determining
what ought to be inserted and what is to guide him in his decision because he does not know
what his own object is.”

iii. SKELTON DRAFT AND ITS SELF-APPRAISAL

After the general scheme of the draft has been conceived, the draftsman should note
down briefly the matters or points which he intends to incorporate in his intended
draft. In other words, he should frame what is called a “skeleton draft” which should
be filled in or elaborated as he proceeds with his work. Once the draft of the
document is ready, the draftsman should appraise it with reference to the available
facts, the law applicable in the case, logical presentation of the facts, use of simple
language intelligible to layman, avoidance of repetition and conceivable
mis-interpretation, elimination of ambiguity of facts, and adherence to the use of
Fowler’s rules of drafting so as to satisfy himself about its contents.

iv. SPECIAL ATTENTION TO BE GIVEN TO CERTAIN DOCUMENTS

Certain documents require extra care before taking up the drafting. Further, in
all the documents where transfer of immovable property is involved through
any of the prescribed legal modes, it is necessary to ensure the perfect title of
the transferor to such property proposed to be transferred by causing
investigation and searches in relation to such title done through component
lawyer or solicitor in the concerned offices of Registrar of Assurance, local
authorities, Registrar of Companies etc. In addition, the requisite permissions
required under different enactments viz., Incometax Act, Land Ceiling Laws,
Companies Act, 2013, Lessor’s consent in the case of leasehold land, or any

19
 compliance desired under other Central or State laws or personal laws etc.
Should be planned to be obtained in advance and recited in the documents
wherever throught necessary.

v. EXPERT’S OPINION The draftman should bear in mind the following

principles of drafting:

a. As far as possible the documents should be self-explanatory.

b. The draftman should begin by satisfying himself that he appreciates what he

means to say in the document.

c. The well drafted document should be clear to any person who has competent
knowledge of the subject matter.

d. The darft must be readily intelligible to a layman.

e. Nothing is to be omitted or admitted at random on the document that is to say

negative statements should generally be avoided.

f. Use of juridical language should be made.

g. The active voice is preferable to the passive voice, unless the passive voice in
a particular connection makes more clear.

2) FOUR P’S ESSENTIAL FOR A SUCCESSFUL LAWYER BY JUSTICE M.R.SHAH:

Those who want to join litigation, must learn some basic requirements to become a successful
lawyer. According to me while appearing in the court ina a case 4 P’s are important

1. Prepare

2. Perfection

3. Presentation

4. Politeness

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3)

A. FUNDAMENTAL RULE OF PLEADINGS:

AIt is a rule to observe in all Courts that a party complaining for an inquiry and suing for redress,
can recover only secandum allegata et probate. The four fundamental rules of pleadings are:

1) That a pleading shall contain, only a statement of facts and not Law;

2) That a pleading shall contain all material facts and material facts only;

3) That a pleading shall state only the facts on which the party pleading relies and not the
evidence by which they are to be proved,

4) That a pleading shall state such material facts concisely, but with precision and certainty.

B. ORDER 8 – APPLICABLE FOR DRAFTING OF A WRITTEN SATEMENT,

INCLUDING A COUNTER CLAIM:

When the defendent relies on several distinct facts, they should be stated in separate paragraphs
(Order 8, Rule 7), and when a ground is applicable, not to the whole claim but only to a part of it,
its statement should be prefaced by words showing distinctly that it is pleaded only to that part of
the claim, thus: “As to price of cloth said to have been purchased by the defendant, the defendant
contends that, etc.” As per Black’s Law Dictionary defines it as a claim for relief asserted against
an opposing party after an original claim has been made, especially a defendant’s claim in
opposition to or as a set-off against the plaintiff’s claim . Counter claim must be treated as a
plaint. It shall have the same effect as a cross suit so as to enable the Court to pronounce
judgement in the same suit, both on the original claim and on the counter claim.

C. ORDER 6, RULE 17, FOR AMENDMENT OF PLEADINGS IN CIVIL

PROCEEDINGS:

It may be noted that if any of the important point is omitted from being given in the reply, it
would be suicidal as there is a limited provision for amendment of pleadings as provided in
Order VI, Rule 17 C.P.C, and also the same cannot be raised in the Affidavit-in-Evidence at the
time of leading of evidence. Because if any point has not been pleaded in the pleadings, no
evidence could be led on that point. General rule is that no pleadings, no evidence. [ Mrs. Om
Prabha Jain v. Abnash Chand Jain, AIR 1968 SC 1083; 1968(3) SCR 111]

21
8. Draft an application for maintenance by wife under Section 125 of Criminal Procedure Code,
against the husband. Provide a footnote containing the provisions of law and at least THREE
case laws on the aspect of (i) right of the wife to claim maintenance (ii) on the income of the
husband and (iii) entitlement of the wife to claim maintenance

In the matter of petition for maintenance of petitioner W from the husband H under sec.125,
Cr.P.C.

The humble petition of W(wife), the petitioner above-named

Most respectfully Showeth:

1. Your petitioner W is the married wife of the opposite party. The marriage between them was
solemnized according to the Hindu rites on 7th December 2009 at Surat.

2. The opposite party H is a clerk on the staff of AB & co.Ltd. holding a responsible position and
drawing salary of Rs. 15,000 per month.

3. The opposite party severely assaulted the petitioner on 9th July 2011 and drove her away
from the matrimonial house on 9th July 2011 in presence of several gentlemen of the locality.

4. That the opposite party leads a life of drunkenness and debauchery. He is besides a man of
uncertain temperament and would fly into rage in season and out of season without any reason
whatsoever. He has lost all sense of decorum and would use extremely filthy language.

5. Your petitioner after being driven out of the house by the opposite party came over to her
father’s place on the same day and has been staying at father’s house with his family members

6. The opposite party was served with a pleader’s notice to send your petitioner Rs. 30000 every
month for her maintenance but with no result. Having regard to the violent temper of H and his
inhuman way of beating your petitioner she does not venture to go back to the place of the
opposite party.

Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite
party and after taking evidence of both sides be pleased to order the opposing party to pay the
petitioner maintenance at the rate of Rs. 30000 per month.

And your petitioner, as in duty bound, shall ever pray.

W (Petitioner)

22
Through

Advocate AB

AFFIVADIT

I, W daughter of MN resident at Surat do hereby solemnly affirm and say as following:

1. I am the petitioner above-named, and know the facts and circumstances of the case and I am
able to depose thereto.

2. The statement in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my
knowledge and that I have not suppressed any material fact.

Solemnly affirmed by the said

Mrs. W on the 8th August 2011 in the Court House at Surat

Before me

Notary / Magistrate.

______________________________________________________________________________
__ FOOTNOTES:

CASE LAWS:

1. Right of the wife to Claim Maintenance Manoj Kumar vs Champa Devi, 2015 Jyoti Prakash
Banerjee vs Chameli Banerjee and Anr. , 1974 Manoj Vanaja vs Gopu, 1990.

2. Income of the Husband Neeta Khurana vs Sunderlal Khurana, 1989 Krishna Bai & Anr. Vs
Murarilal, 2014 Chandrapal vs Smt. Harpyari & Anr., 1991.

3. Entitlement of the Wife to Claim Maintenance Parvin Firoz Shaikh vs Firoz Shaefuddin
Shaikh, 2013 Shardaben Pankajkumar Vyas vs Pankajkumar Sureshchandra Vyas and Anr., 1995.

23
9. ABC (Pvt.) Ltd., had drawn a cheque for payment of sale price of goods purchased from XYZ.
The Cheque was dishonoured by the Bank as the funds in the Bank account were not sufficient to
honour the cheque. Draft suitable notice under applicable provisions of law, for dishonour of
Cheque. Provide a footnote on (i) the applicable legal provision (ii) who will be joined as party
to the complaint and the legal provisions relating thereto.

CHEQUE DISHONOUR NOTICE

ADVOCATE

Ref:Date:From

XYX

(Address)

To,

ABC Private Limited

Western On shire

Waghodia.

Sub: Matter regarding Dishonor of cheque

Respected Sir,

Please take the notice that in the discharge of your existing legal liability you issued account
payee cheque under your signature in favor of my client.

Details of the said cheque are as follows:

Cheque no: 005664

Cheque date: 8th August 2018

Drawn on Bank of India Amount – Rs.1, 00,000

Branch: Waghodia

24
The above mentioned cheque on due presentation through my client’s banker for encashment
within its validity period, was returned unpaid vide cheque return memo dated 11th august, 2018.

It may further be mentioned that under Section 139 of the Negotiable Instrument Act, there is a
presumption that the cheque above mentioned had been issued in discharge of a legally
enforceable liability owed by you.

In a view of the aforesaid , I do hereby call upon you and demand you to pay my client the
aforementioned amount of Rs.1,00,000/- (Rupees One Lakh Only), the above dishonored cheque
by pay order or bank draft or in cash within 15 days from the date of receipt of this notice, failing
which, I will be constrained to institute legal proceedings against you under provisions of
Negotiable Instrument Act,1881 as amended up to date, which will render you liable to be
punished with imprisonment which may extend to two years or with fine which may extend to
twice the amount of cheque or with both.

THE CONSEQUENCES THAT MAY FOLLOW IF YOU FAIL TO COMPLY TO LEGAL

EXPECTATION STATED HEREINBEFORE:-

a) That if you had given the aforementioned chequed knowing completely well with the ulterior
rationale to cheat my above said customer and as subsequently you have likewise made yourself
subject for the commission of offense under Section- 420 of Indian Penal Code additionally for
which my above said customer claim his authority to hold up F.I.R against you.

b) Take notice that the summary suit also be filed against you in the competent count of
jurisdiction.

c) An insolvency petition can be filed against you.

d) All costs of above litigation will be recovered from you. IT IS SEEN THAT THE
OFFENDERS OF LAW TAKES FOR GRANTED THE MACHINERY AND AUTHORITY OF
LAW AND ADOPT MAN DILATORY TACTICS TO PROLONG THE LITICATION BY
BLATANTLY DO MISPRESENTING FACTS, MAKES INCONSISTENT STATEMENTS,
ETC., Nevertheless you are informed you are thusly mentioned to make the payment of Rs. 1
Lakh, within time of 30 days from the receipt of this notification bombing which my client will
be compelled to dispatch common just as criminal continuing in the capable official courtroom at
your expense and danger. Yours Sincerely ADVOCATE*
________________________________________________

FOOTNOTES

i. J8,139, 142,143(1)-Negotiable Instrument Act Section 420- IPC

25
ii. Parties- Drawer, Drawee, Payer Holder, Section 142, Crpc

Q10. WXY served a notice for dishonor of cheque, as mentioned in (9 above. ABC (Pvt)Ltd, did
not make the payment in response to the notice and raised disputes as regards the quality of
goods supplied. Draft suitable compliant as required by law, for dishonor of cheque.

COMPLAINT UNDER SECTIONS OF THE NEGOTIABLE INSTRUMENT

ACT, 1881

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT VADODARA

Complaint no.105 of 2020

ABC (Pvt) Ltd.

Aged:45 years

Resident :D/301 Sky Harmony, Karelibagh (COMPLAINANT)

VERSUS

XYZ Aged:59 years

Resident: 34, Ushanagar Society, Karelibagh (ACCUSED)

Subject: Complaint Under Section 138 of Negotiable Instrument Act,1881

Respected Sir/Ma’am,

i. That the complainant is working as businessman and is residing at above mentioned

address.

26
ii. ii. That I, complainant know the accused from the last 4-5 years and on the account
accused has gained the faith and confidence of complainant. The accused demanded a
loan from complainant to the amount of Es.1, 90,000/- for purpose of sale price of
goods purchased on 5th June, 2020. Complainant obliged accused for providing the
said amount.
iii. iii. Earlier the accused issued a cheque on 6th june, 2020 for Rs1,90,000 drawn on
16th June 2020, in order to discharge partial liability at the time of issuing the cheque.
The complainant accused that the same is the value of good and will be honored as
and when presented.
iv. iv. The complainant had deposited the cheque in his account in the said Bank of
Baroda, New VIP Road, during the period of its validity on 16th june, 2020 which
was returned to the firm by the Bank of India, Laxmipura on 17th june,2020 on the
ground that there was no sufficient fund in the account of accused with said bank.
v. The deposit of telephonic reminder accused considerably had failed to make the
payment due to complainant. Furthermore accused stated to put the matter off and on.
Thus , we served accused a legal notice on date 30th june,2020.
vi. The accused had considerably failed to comply with provision of loss and this is
guilty of offenses under section 138 N.I.A and is also liable to be prosecuted under
section 420 of IPC.
vii. In this view of the facts and circumstances, the complainant had a cause of actions
and rights to file, the present complaint. The case of action has arisen in for the
complainant when on the expiry of the notice period. The accused has not come
forward to pay the amount relating to the dishonored cheques. The cause of action is
still subsisting and continuing in nature.
viii. The cause of action is at vadodara at the cheque was issued at Bank of India and was
dishonored. Therefore this Hon’ble Court has jurisdiction to try and adjudicate upon
the present complainant.
ix. That a list of documents and list of witnesses are announced with this complain.
PRAYER

Summon, prosecute and punish the accused and also direct the accused to pay the
amount as double to the amount covered under the said dishonored cheque under the
provision of Section 138 read with Section 142 of the Negotiable Instrument
Act,1881 as amended by the Negotiable Instrument Act,2002. In accordance with the
section 357 of Code of Criminal Procedure,1974 out of penalty imposed the accused
be ordered to compensate the complaint to the extent of Rs.1,90,000/- . further orders
be passed as may be deemed fit and proper by this Hon’ble Court.

27
 Place: Vadodara
Date:16th July, 2020.

COMPLAINANT

Q11. Draft a Will on behalf of Nishi Kumar, bequeathing all his immovable estate to his wife
Mitu Singh, for life and thereafter to their granddaughter. The property comprises of one flat
situated at Alkapuri and an office. All investments in Bank, Shares to be distributed between the
son Banbir and his wife Malia in equal proportion. Rent received from the office will be taken by
Mitu Singh , during her lifetime. Draft must comply with all legal requirements and also add a
footnote on the formalities relating to execution, registration, stamp duty, as may be applicable.

WILL

I, Mr. Nishi Kumar, 75 years old, residing at C/41, Nikunj Vihar, Nizampura, Vadodara, Hindu
by religion, do hereby revoke all my previous Wills (or) Codicils and declare that this is my last
Will, which I make on this 30th November 2021.

I do hereby execute this Will in sound state of mind after having given full thoughts and wishes
as to how my immovable assets should dealt with and I am therefore, making this Will and
testament and which shall into operation after my demise.

I’m residing at the address mentioned here in above and I had been married on 24-02-1967. I
have a wife, named Mitu Singh and son, named Banbir, born out of our wedlock.

WHEAREAS, I’m in possession of:

a. Flat situated at Alkapuri and an office.

b. Investments in bank and shares.

c. Rent received from the office.

28
 I’m in exclusive possession of the said properties and except me, nobody has right of any nature
in the said property. As I have now advanced in age and not keeping fit, I have thought it proper
to make a will, voluntarily will in full senses. I hereby declare that all above mentioned property
are self-acquired. I’m also very happy with the service rendered to me by my son.

WHEAREAS,I’m anxious to make necessary arrangement in respect of the enjoyment of my

assets after my lifetime so that unnecessary misunderstanding or dispute between our family
members be avoided, therefore, I’m executing this Will and Testament of mine of my own free
Will voluntarily, without any compulsions or pressure of any person and with a sound disposing
mind and declare as follows:

a) The flat and office property and the rent received from office would be handed over to my
wife, Mitu Singh, and thereafter to my son, Banbir.

b) Investments and shares will be shared bt wife and son equally,i.e; ½ each.

That my above said wife and son will have right to let out the said premises and not to use the
said premises for commercial purpose.

WHEREAS, I hereby declare that after my death my son will be absolute and undisputed owner
of the above-mentioned property as per their shares only after my wife’s death. Till my wife’s
death, the investments in bank and shares will be shared equally. That the property will not be
sold till the concerned parties agreed mutually. There will not be any trespassing in each other’s
privacy and comfort. Lease and renting of this property is allowed. Nobody is allowed to do any
such activity which may disturb the peace of the others. All major repairs of the flat will be done
by all the beneficiaries equally.

I have executed this Will on this 30th November, 2021 in the presence of the under mentioned
two witnesses.

_______________________

(Sign of Nishi Kumar)

TESTATOR

We, the under mentioned two witnesses do hereby confirm that the above Will was executed by
Nishi Kumar in our presence and both of our have in his presence and in the presence of our
another appended our signature to this will as witnesses attesting.

WITNESSES:

29
1. Ayaan Mukherjee
__________________
(signature)

2. Armaan Jain

____________________
(signature)
Drafted by,
Aryan kumar
(Advocate)

___________________________________________________________________
A will must be intended to come into effect after the death of the Testator.

The producer for depository a Will with the registrar is in Section 42 to 45 of the
Registration Act,1908. A will dosent attract stamp duty.

A nominal fee is payable for registration which may differ from state to state.

30
Q13. Discuss and explain the following: (essential provisions only)
a. Requirement of Registration & Stamping of the Sale Deed.
b. Requirement of attesting Witnesses of a Will.
c. Requirement of Stamp Duty and Registration of a Will.
d. Effect of non payment of stamp duty on the enforcement of a document executed
without such payment.
e. Explain the meaning of Boilerplate Clauses.

a) Stamp Duty: Registration Of Sale Deed

Any unregistered sale deed has no worth in the eyes of the law; therefore, sale deed
should be registered in the local sub-registrar office. The importance and price of
these papers are the money you want to pay as the stamp duty, and the details must be
typed on non-judicial stamp papers.

Sale deed must be registered at the jurisdictional sub-registrar office, which can be
mandatory to draft on non-judicial stamp paper.

Will is an important legal document that must be carefully executed to ensure it is

valid. Wills under the Indian Succession Act are required to have a minimum of two
witnesses attesting the Will, in addition to the signature of the testator (the person
writing the Will). In this article, we look at the regulations pertaining to attesting or
witnessing of a Will in India

b) Signing of Will by Witness

After the testator signs, the Will requires an attestation from two or more witnesses.
Each witness requires to see the testator sign or affix his mark to the Will or see some

31
 other people sign the Will, in the presence and by the direction of the testator. Also,
the witnesses can receive from the testator a personal acknowledgement of his
signature or mark, or of the signature of such other person and it would be valid.
Finally, each of the witnesses must sign the Will in the presence of the testator. There
is no requirement that more than one witness should be present at the same time. It
also does not requires attestation of the particular form.

Non-judicial stamp paper is purchased as per circle rates of state in the country,
according to the stamp act of the respective state. An example of a secure
understanding; Stamp duty is 6% for a man and 4% for a woman in Delhi. So, the
stamp duty is Rs.60, 000 if you’re a man and buying a property worth Rupees 10
lakh.

Moreover, for your knowledge, different preferences of e-stamp are obtainable in

the states- Karnataka, Delhi, Uttarakhand, Gujarat, Rajasthan, Punjab, Odisha, Tamil Nadu,
Jharkhand, Daman & Diu, Himachal Pradesh, Dadra & Nagar Haveli, Assam, Uttar Pradesh,
Chhattisgarh, Puducherry, Andhra Pradesh, Jammu & Kashmir, and Chandigarh. One has to fill
the form physically in the case of other states.

c) Requirement of Stamp Duty and Registration of a Will

When registering a Will, you need not pay stamp duty but you have to pay a
registration fee. Here is a look at why you should register a Will and what it costs.

REGISTRATION OF WILL

A registered Will has more legal sanctity. If you plan to register your Will, you could
take the help of a lawyer or a legal professional. You can even register it at the office
of the local subregistrar on your own. The testator (person making the Will) and two
witnesses need to be present during its presentation.

There is no stamp duty payable on registration of a Will. However, you may have to
pay a nominal registration fee, which varies across states.
d) Every person who executes or signs, otherwise than as a witness, any instruments
which is not duly stamped but the same was chargeable with stamp duty, can be held
liable for monetary fines. In case of an intentional evasion of stamp duty, criminal
liability can also be imposed

32
 d) Boilerplate clause

A boilerplate clause is a standard section in a contract that is found at the end or

bottom of the document. This clause normally outlines certain conditions enforced to
which parties must adhere, including when a contract is broken and how any
problems and disputes are resolved

14. Ria and Rahul were married according the Hindu rites and registered their marriage in
Vadodara in the year 2010. After 2 years owing to differences, they separated. They have now
decided to dissolve their marriage by mutual consent and hence, draft suitable petition for
divorce by mutual consent. Please provide relevant legal provisions and section numbers
applicable.

BEFORE THE PRINCIPLE JUDGE, FAMILY COURT AT VADODARA

HMA PETITION No.______ OF 2012

IN THE MATTER OF:

PETITIONER NO.1

Ria Sharma Rahul

Pandey

Resident of Vadodara versus Resident of

Vadodara

Manjalpur, Vadodara, 390011 Akota,

Vadodara,390020

Age -30years Age-32

years

Occupation- Housewife
Occupation- Doctor

PETITION UNDER SECTION 13 (1) (I-b) OF THE HINDU MARRIAGE ACT FOR
DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

33
MOST RESPECTFULLY SHOWETH:-

a) That the marriage between the parties was solemnized on 5 February 2009 at Vadodara, by
Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties
co-habited as husband and wife at the matrimonial home i.e., Vadodara.

b) That the parties could not adjust with each other due to temperamental differences and their
marriage has broken down irretrievably and it is now not possible between the parties live as
husband and wife anymore

c) That the parties have now decided to dissolve the marriage legally through a decree of divorce
on mutual consent. The parties have settled all their claims, counter claims etc. And the
respondent wife has received her entire Stridhan, Permanent alimony etc and there is no due with
regard to any other claim between them.

d) That , now finally without putting any allegation or complaints against each other, both the
petitioners have decided to bring the end of their married life as earlier as possible. Hence , this
application U/S 13 (B) of Hindu Marriage Act, 1955 for Divorce by mutual consent.

e) As the marriage is solemnized at Vadodara among the relatives and friends of the petitioners,
thus this Hon’ble Court has jurisdiction to entertain the present petition.

PRAYER

Therefore, both the petitioners most humbly pray before you Honour that, The Hon’ble Court
may be pleased to allow this petition u/s 13 (B) of Hindu

∙ Marriage Act for Divorce by mutual consent, and May be pleased to pass an order for Decree
of Divorce declaring this marriage

∙ to be dissolved, or Any other relief which the Hon’ble court may deem fit, in the interest of
justice,

∙ be granted.

VERIFICATION

34
 I, undersigned, Ria Sharma, age-30 years, occ.-house wife, resident at Manajpur, Vadodara,
390014, do hereby verify and declare that, whatever the facts are stated hereinabove are true and
correct as per my knowledge and belief.

Place: Vadodara

Date: 7-05-2012 _______________

Advocate for petitioner no.1

(Name)

VERIFICATION

I, undersigned, Rahul Pandey, age-32 years, occ.-Advocate, resident at Akota, Vadodara,

390020, do hereby verify and declare that, whatever the facts are stated hereinabove are true and
correct as per my knowledge and belief.

Place: Vadodara

Date: 7-05-2012 ______________

Advocate for petitioner no.

2

(Name)

35
36