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once filed in a Court becomes part of the record of the Court and it cannot be modified, substituted, amended or withdrawn except by leave of the Court.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. Form of Some Common Petitions under Various Acts
18. Form of Petitions under Article 227 of the Constitution of India..
19. Complaint under the Consumer Protection Act..
20. Petitions in Matrimonial Matters
21. Appointment and Removal of Guardian
22. Petition under the Mental Health Act..
23. Forms of Plaints in Suits for Torts.
24. Forms of Money Suits.
25. Petition under Provincial Insolvency Act, 1920
26. Miscellaneous Forms of Plaints and Applications.
27. Revision
28. Damages and Compensation in respect of a Defamatory Publication in Newspaper
29. Written Statement in a Suit for Damages or Compensation for Publication of Defamatory Statements
30. Claims under Motor Vehicles Act, 1988
31. Bill of Exchange
32. Alternative or Inconsistent Pleas
33. Second Appeal
34. Rescission of Contract and its Effect
35. Gift
36. Gift of an Annuity
37. Benami Transaction
38. Civil Suits and Jurisdiction of Civil Courts.
39. Claim of Title by Adverse Possession
40. Specific Performance of an Agreement of Sale.
41. Rectification of Mistake in the Documents.
42. Recovery of Possession
43. Cause of Action and Jurisdiction of Courts
44. Substantial Portion of Plaint and Relief...
45. Testamentary and Non-testamentary Succession to Property
46. Grant of Probate and Letters of Administration.
47. Cancellation of Deeds
48. Adoption
49. Family Arrangement
50. Leave and Licence
51. Easements.
52. Real State Deal
53. Construction Agreements.
54. Arbitration Awards
55. Apprenticeship Deeds.
56. Assignment of Copyrights
57. Foreign Collaboration and Joint Venture Agreement
58. Franchise
59. Guarantee
60. Indemnity
61. Hire Purchase.
62. Partnership
63. Partition.
64. Patents.
65. Acknowledgement.
66. Release or Relinquishment
67. Trust Deeds
68. General Forms of Different Parts and Clauses of Will.
69. Estoppel.
70. Bond
71. Labour Disputes
72. Notice
73. Petition under the Railways Act.
74. Suit under Carriers Act, 1865.
75. Suit for Payment of Gratuity and Wages.
76. Award of Costs.
77. Model Forms of Some Important Deeds.
CRIMINAL PLEADINGS
78. General Introduction
79. Dishonour of Cheques
80. Dying Declaration .
81. Framing of Charge.
82. Arrest of Persons
83. Bail
84. Bond and its Forfeiture
85. Withdrawal of Prosecution
86. Compounding of Offences
87. Affidavit as Formal Proof
88. Grant of Pardon
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Author Details
S.K. Sarkar, Advocate