Guide to Drafting, Pleadings and Conveyancing (Forms & Precedents) (Civil & Criminal) (2 Volume Set)

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Description
The Law in India as to Pleading is a legacy from the British Jurisprudence. The system of pleadings amounts to a formal exchange of allegations and can offer an opportunity to narrow down the issue between the parties. It may appear interesting that in England until sometimes in the 15th century pleadings were oral. They were made by the parties in open Court as part of the trial. As such, pleadings were more than the mere allegations they have since become. They were also assertions of the truth of the matters alleged. The system of oral pleadings was replaced later by written pleadings. During the 17th century the legal advisers of the litigants began to prepare written pleadings. These documents were left with the Court-Clerk and were later copied onto the roll. This was done if a party applied  for judgment on the pleadings before the verdict of the jury had been given. By the 19th century the practice of copying the pleadings on the roll was given a go by. Instead they were simply filed and copied into an issue book or a demurrer book. In England, still now pleadings form a part of the record according to which Court enters judgment. In order to gather true spirit of pleadings, it should be  read as whole. It is to be remembered that a plea is not an expression of art and science but an expression through words of place, fact  and law of one's case for relief. Such an expression may be pointed, precise, sometimes vague but still could be gathered what he wants  to convey, through only by reading the whole pleading, depends on person drafting a plea. The pleading once filed in a Court becomes part of the record of the Court and it cannot be modified, substituted, amended or withdrawn except by leave of the Court.
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Contents
CIVIL PLEADINGS
1. General Introduction
2. Definition and General Principles of Pleading.
3. Rules of Pleading
4. Particulars of Pleading
5. Verification of Pleading
6. Amendment of Pleadings.
7. Distinction between Pleading and Proof
8. Parties to a Suit.
9. Various kinds of Suits
10. Defence
11. Appeals
12. Appeal, Reference and Revision
13. Application or Petition
14. Withdrawal of suit
15. Forms of Pleading Contained in the Code of Civil Procedure, 1908..
16. Important Applications Under The Code of Civil Procedure, 1908.
17. Constitution and Jurisdiction of Commercial Courts
18. Form of Some Common Petitions under Various Act
19. Form of Petitions under Article 227 of the Constitution of India
20. Complaint under Consumer Protection Act
21. Petition in Matrimonial Matters
21A. Judicial Decisions on Hindu Marriage
22. Petitions under the Protection of Women from Domestic Violence Act, 2005
23. Appointment and Removal Guardian
24. Petition under the Mental Health Act
25. Forms of Plants in Suits for Torts
26. Forms of Money Suits
27.Petition under the Provincial Insolvency Act, 1920
28. Miscellaneous Forms of Plants and Applications
29. Revision
30. Damages and Compensation in respect of a Defamatory Publication in Newspaper
31. Written Statement in a Suit for Damages or Compensation for Publication of Defamatory Statements
32. Claims under Motor Vehicles Act, 1988
33. Bill of Exchange
34. Alternative or Inconsistent Pleas
35. Second Appeal
36. Rescission of Contract and its Effect
37. Gift
38. Gift of an Annuity
39. Benami Transaction
40. Civil Suits and Jurisdiction of Civil Courts 41. Claim of Title by Adverse Possession
42. Specific Performance of an Agreement of Sale
43. Rectification of Mistake in the Documents
44. Recovery of Possession
45. Cause of Action and Jurisdiction of Courts
46. Substantial Portion of Plaint and Relief
47. Testamentary and Non-testamentary Succession to Property
48. Grant of Probate and Letters of Administration
49. The Indian Succession Act, 1925
50. Cancellation of Deeds
51. Adoption
52. Family Arrangement
53. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
54. Leave and Licence
55. Easements
56. Real Estate Deal
57. Construction Agreements
58. Arbitration Awards
59. Apprenticeship Deeds
60. Assignment of Copyrights
61. Foreign Collaboration and Joint Venture Agreement
62. Franchise
63. Guarantee
64. The Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002
65. Indemnity
66. Hire Purchase
67. Partnership
68. Partition
69. Patents
70. Acknowledgement
71. Release or Relinquishment
72. Trust Deeds
73. General Forms of Different Parts and Clauses of Will
74. Estoppel
75. Bond
76. Labour Disputes
77. Notice
78. Petition under the Railways Act
79. Suit under Carriers Act, 1865
80. Suit for Payment of Gratuity and Wages 81. Award of Costs
82. Limitation in case of Suits, Appeals
83. Model Forms of Some Important Deeds.
CRIMINAL PLEADINGS
84. General Introduction
85. Recall of warrant of arrest
86. Release, sale and restoration of attached property
87. Search warrants
88. Magistrate may direct search in his presence
89. Power to impound document produced
90. Transfer of application of the accused
91. Supply of copy of police report and other documents to the accused
92. Supply of copies of statements and documents to accused in other cases triable by Court of Session
93. Power to summon material witness, or examine person present
94. Provisions for inquiries and trial being held in the absence of accused in certain
cases
95. Transfer of criminal cases
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Author Details
S.K. Sarkar, Advocate