The document provides information on legal drafting and the process of drafting different types of legal documents. It discusses the key aspects of drafting contracts, deeds, and other legal documents. Some main points covered include:
- Legal drafting involves synthesizing law, facts, and language to prepare legal agreements, contracts, deeds, etc. It requires conceptual thinking as well as composing the document.
- Important laws relating to drafting include the Constitution of India, Contract Act, Evidence Act, and more.
- Key elements of a valid contract include consideration, capacity, intention, formalities, and legal purpose.
- Drafting a deed requires including elements like the name, date, parties, recitals, operative part
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Judicial review is a process that allows courts to review administrative decisions and determine their legality. It differs from an appeal, which considers the merits of the decision rather than just its legality. There are three main grounds for judicial review: illegality, irrationality, and procedural impropriety. The procedure for judicial review involves applying for leave from the High Court and then a full hearing if leave is granted. If successful, remedies include prerogative orders like mandamus, prohibition, and certiorari that compel or prevent actions or quash decisions.
Some of the most important legal drafting skills are the following: laying out the document logically, keeping the writing clear and concise, avoiding grammatical and lexical errors with respect to the style of a legal text, and, finally, editing and correcting the document in a systematic and thorough way.
It is important to keep the text as simple and as concise as possible. Sentences need to be kept short.
The drafter not only needs to have an excellent knowledge of the fundamentals of English grammar, but he/she should also be aware of the special grammatical features of Legal English.
Editing is a way to check for good practice. In order to avoid the loss of valuable time, it is important for professional people to know what they are looking for when editing.
The document discusses the appointment process for judges of the Supreme Court of India. It outlines the composition and qualifications required to become a judge. Originally, appointments were made by the President in consultation with Supreme Court and High Court judges. Later, a National Judicial Appointments Commission was formed to make recommendations. However, the collegium system was reinstated with improvements through a Memorandum of Procedure. The current process involves recommendations from the collegium of Supreme Court judges to the President for appointment.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The document discusses the Registration Act of 1908 in India. It explains that registration involves officially recording documents with the government to establish legal rights and prevent fraud. There are two main categories of registrable documents: those requiring compulsory registration like gifts of immovable property and those allowing optional registration. Unregistered documents affecting land ownership cannot be used in legal proceedings, but there are some exceptions like cases involving contracts for specific performance. The objectives of registration are to inform people of property rights and obligations, preserve important documents, and ensure proper records are kept.
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Judicial review is a process that allows courts to review administrative decisions and determine their legality. It differs from an appeal, which considers the merits of the decision rather than just its legality. There are three main grounds for judicial review: illegality, irrationality, and procedural impropriety. The procedure for judicial review involves applying for leave from the High Court and then a full hearing if leave is granted. If successful, remedies include prerogative orders like mandamus, prohibition, and certiorari that compel or prevent actions or quash decisions.
Some of the most important legal drafting skills are the following: laying out the document logically, keeping the writing clear and concise, avoiding grammatical and lexical errors with respect to the style of a legal text, and, finally, editing and correcting the document in a systematic and thorough way.
It is important to keep the text as simple and as concise as possible. Sentences need to be kept short.
The drafter not only needs to have an excellent knowledge of the fundamentals of English grammar, but he/she should also be aware of the special grammatical features of Legal English.
Editing is a way to check for good practice. In order to avoid the loss of valuable time, it is important for professional people to know what they are looking for when editing.
The document discusses the appointment process for judges of the Supreme Court of India. It outlines the composition and qualifications required to become a judge. Originally, appointments were made by the President in consultation with Supreme Court and High Court judges. Later, a National Judicial Appointments Commission was formed to make recommendations. However, the collegium system was reinstated with improvements through a Memorandum of Procedure. The current process involves recommendations from the collegium of Supreme Court judges to the President for appointment.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The document discusses the Registration Act of 1908 in India. It explains that registration involves officially recording documents with the government to establish legal rights and prevent fraud. There are two main categories of registrable documents: those requiring compulsory registration like gifts of immovable property and those allowing optional registration. Unregistered documents affecting land ownership cannot be used in legal proceedings, but there are some exceptions like cases involving contracts for specific performance. The objectives of registration are to inform people of property rights and obligations, preserve important documents, and ensure proper records are kept.
UNIT 3 - External Aids to the Construction.pptxketan349068
The document discusses various external aids that courts can use to interpret statutes when the meaning is unclear from the text alone. It explains parliamentary history such as reports of committees and statements of objects and reasons can provide context about the background and purpose of legislation. Dictionaries can help define words, and other statutes, case law, and foreign decisions can provide guidance through comparative analysis when interpreting domestic laws. The document provides examples of Indian court cases that have utilized these external aids in their legal reasoning and interpretation of statutes.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
The document provides an overview of drafting and conveyancing for young lawyers. It defines drafting as preparing legal documents like agreements and contracts. The importance of understanding drafting is explained, noting the need to understand the nexus between law, facts, and language. Conveyancing is defined as drafting deeds to transfer rights and interests in property from one person to another. Key differences between drafting and conveyancing are conveyed, with conveyancing focusing more on property transfer documentation, and between contracts and conveyances, with contracts remaining to be performed while conveyances pass property title.
The document defines key concepts from India's Transfer of Property Act of 1882, including defining property and its types (movable and immovable). It explains what makes a document attested and registered under the Act, and defines an actionable claim.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
Rights of tenants under tamilnadu rent control actAltacit Global
The document summarizes some of the key rights of tenants under the Tamil Nadu Rent Control Act. It discusses tenants' rights to fair rent as determined by a formula, protection from unreasonable eviction except under specified grounds, and the right to deposit rent with a controller if the landlord's address is unknown. It also briefly describes lease agreements as being covered by rent control laws, while lease and license agreements of less than 12 months are exempt from these laws.
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Section 12, 13, 14, 16 and 17 of the arbitration act.role of the court under ...Legal
Sections 12, 13, 14, 16 and 17 of the Arbitration and Conciliation Act deal with challenges to arbitrators, the competence of arbitral tribunals, and interim measures. Section 12 allows parties to challenge an arbitrator's appointment based on reasonable doubts about independence or impartiality. Section 13 sets out the challenge procedure, requiring parties to notify the tribunal within 15 days. If a challenge is denied, the tribunal will continue proceedings. Section 14 covers replacing arbitrators who are unable to serve or withdraw. Section 16 gives arbitral tribunals competence to rule on their own jurisdiction. Section 17 allows tribunals to issue interim measures for preservation of property or evidence.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
1. The document discusses various aspects of legal drafting such as the scope of legal drafting, types of legal documents, principles of drafting, and the process of drafting different legal documents such as contracts and deeds.
2. It provides definitions for key terms like drafting, deed, and document. It also outlines important points to consider when drafting contracts, such as the requirements for a valid contract, contracting parties, subject matter, and time for performance.
3. The document explains the process of drafting documents and deeds in detail, covering aspects like collecting facts, determining the appropriate document, drafting different clauses, execution, attestation and supplemental deeds. It aims to provide guidance on drafting clear, coherent and legally compliant documents.
The document discusses the nature of contracts under Indian law. It provides background on the Indian Contract Act of 1872, which aims to ensure definiteness in business transactions and the realization of parties' reasonable expectations. The Act deals with general contract principles and some special contracts, but does not cover all agreements or obligations. A contract under the Act requires offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free consent, a lawful object, and certainty of terms. Contracts are further classified by their formation, performance, validity and other attributes under both Indian and English law.
UNIT 3 - External Aids to the Construction.pptxketan349068
The document discusses various external aids that courts can use to interpret statutes when the meaning is unclear from the text alone. It explains parliamentary history such as reports of committees and statements of objects and reasons can provide context about the background and purpose of legislation. Dictionaries can help define words, and other statutes, case law, and foreign decisions can provide guidance through comparative analysis when interpreting domestic laws. The document provides examples of Indian court cases that have utilized these external aids in their legal reasoning and interpretation of statutes.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
The document provides an overview of drafting and conveyancing for young lawyers. It defines drafting as preparing legal documents like agreements and contracts. The importance of understanding drafting is explained, noting the need to understand the nexus between law, facts, and language. Conveyancing is defined as drafting deeds to transfer rights and interests in property from one person to another. Key differences between drafting and conveyancing are conveyed, with conveyancing focusing more on property transfer documentation, and between contracts and conveyances, with contracts remaining to be performed while conveyances pass property title.
The document defines key concepts from India's Transfer of Property Act of 1882, including defining property and its types (movable and immovable). It explains what makes a document attested and registered under the Act, and defines an actionable claim.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
Rights of tenants under tamilnadu rent control actAltacit Global
The document summarizes some of the key rights of tenants under the Tamil Nadu Rent Control Act. It discusses tenants' rights to fair rent as determined by a formula, protection from unreasonable eviction except under specified grounds, and the right to deposit rent with a controller if the landlord's address is unknown. It also briefly describes lease agreements as being covered by rent control laws, while lease and license agreements of less than 12 months are exempt from these laws.
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Section 12, 13, 14, 16 and 17 of the arbitration act.role of the court under ...Legal
Sections 12, 13, 14, 16 and 17 of the Arbitration and Conciliation Act deal with challenges to arbitrators, the competence of arbitral tribunals, and interim measures. Section 12 allows parties to challenge an arbitrator's appointment based on reasonable doubts about independence or impartiality. Section 13 sets out the challenge procedure, requiring parties to notify the tribunal within 15 days. If a challenge is denied, the tribunal will continue proceedings. Section 14 covers replacing arbitrators who are unable to serve or withdraw. Section 16 gives arbitral tribunals competence to rule on their own jurisdiction. Section 17 allows tribunals to issue interim measures for preservation of property or evidence.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
1. The document discusses various aspects of legal drafting such as the scope of legal drafting, types of legal documents, principles of drafting, and the process of drafting different legal documents such as contracts and deeds.
2. It provides definitions for key terms like drafting, deed, and document. It also outlines important points to consider when drafting contracts, such as the requirements for a valid contract, contracting parties, subject matter, and time for performance.
3. The document explains the process of drafting documents and deeds in detail, covering aspects like collecting facts, determining the appropriate document, drafting different clauses, execution, attestation and supplemental deeds. It aims to provide guidance on drafting clear, coherent and legally compliant documents.
The document discusses the nature of contracts under Indian law. It provides background on the Indian Contract Act of 1872, which aims to ensure definiteness in business transactions and the realization of parties' reasonable expectations. The Act deals with general contract principles and some special contracts, but does not cover all agreements or obligations. A contract under the Act requires offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free consent, a lawful object, and certainty of terms. Contracts are further classified by their formation, performance, validity and other attributes under both Indian and English law.
This document provides information on legal proceedings and agreements at IGNOU. It discusses the essential elements of a valid contract under Indian law, including proposal and acceptance, consideration, capacity and consent of parties, legality of object and consideration, writing and registration if required, certainty and possibility of performance. It also outlines the types of agreements handled by IGNOU, including templates and structures for agreements. Finally, it discusses the role of the legal cell and methodology for handling legal cases at regional centres, including the types of cases that may be filed.
This document provides an overview of property laws and the legal aspects of real estate from a lecture given by Adv. Sharang Pande. It defines key legal terms like document, agreement, and drafting. It explains the important steps to follow when drafting a legal document. It also lists the types of contracts and documents required for purchasing built-up properties and agricultural land. Finally, it discusses legal aspects that buyers should consider, such as checking that the property title and plans are in order to avoid future litigation.
This document outlines the syllabus for a Business Regulatory Framework course for a 1st semester B.Com program. The syllabus covers 5 units:
1. The Indian Contract Act of 1872, including the definition of contracts, capacity of parties, consideration, and types of contracts.
2. Breach of contracts, remedies, and special contracts like bailment, pledge and agency.
3. The Indian Partnership Act of 1932 and the Negotiable Instruments Act of 1881 covering promissory notes, bills of exchange, and cheques.
4. The Consumer Protection Act of 1986 regarding consumer rights and grievance redressal.
5. The Foreign Exchange Management Act of 2000 and
This document outlines the syllabus for a Business Regulatory Framework course, covering topics like contract law, partnership law, negotiable instruments, consumer protection law, and foreign exchange management law. The course is divided into 5 units. Unit 1 covers Indian contract law concepts like offer/acceptance, capacity of parties, consent, and void agreements. Unit 2 discusses breach of contract and special contracts. Unit 3 covers partnership law, negotiable instruments, and types of cheque crossings. Unit 4 focuses on the Consumer Protection Act. Unit 5 examines foreign exchange management law and monopolistic/restrictive trade practices law.
The document discusses the art and craft of drafting legal documents in India. It provides an overview of key concepts like what constitutes a deed, different types of deeds, and parts of a deed. It outlines principles of good drafting like using clear, concise language and logical structure. It also describes important elements to include in a deed like parties, recitals, operative clauses, descriptions of property, covenants, execution, and attestation. Sample clauses for different types of deeds are also provided.
This document contains information about a group assignment for a contract law class. It lists the names and registration numbers of 3 students - Hadija Nyagawa, Masunga Jandika, and Christian Mrema. The rest of the document summarizes key concepts of contract law, including the requirements for a valid contract, acceptance of an offer, interpretation of contracts, capacity to contract, remedies for breach of contract, and ways a contract can be discharged.
The document discusses key concepts in corporate and business law, specifically the Indian Contract Act of 1872. It defines what a contract is under Indian law, noting that a contract is an agreement that is enforceable by law. It outlines the essential elements required for a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty of terms. It also classifies contracts according to their validity, formation, and time of performance.
Business Law Principles and Practices Golclman, A ., .docxRAHUL126667
Business Law
Principles and Practices
Golclma:n, A ., & Sigismond, W. (2014). Business Law: Principles and Practices (9th ed.). South-
Western Cengage Learning.
Cengage Advantage
Books
PRINCIPLES AND PRACTICES
emorialize Contracts in
riting Statute ol Frauds
~APTER PREVIEW
e Status of Oral and Written
ntracts
ntracts Required to Be in Writing
- Contract to Personally Pay the Debt of
Another Person
- Contract to Personally Pay the Debt of a
Deceased Person
- Contract Involving the Sale of an Interest
in Real Property
- Contract Made in Consideration of
.Marriage
- Contract That by its Terms Cannot Be
Performed Within One Year of the Date
the Contract Was Formed
e Sufficiency of the Written Record
ectronic Signatures
rol Evidence Rule
201
> ~
CHAPTER
·HIGHLIGHTS
~
IN A BUSINESS
SETTING
This chapter identifies the relatively few contracts that are required by the Ia·
of each state (called a statute of frauds) to be in writing to be enforceable in
court. The chapter also summarizes the essential information that the writing
must contain so as to satisfy the law. A brief opening discussion points out tr:
advantages that written contracts have over those that are made orally. This ::
followed by a discussion of parol evidence, a rule determining whether oral
testimony external to a written contract that changes the terms of this writter
contract may be introduced at a court trial. The concluding pages of the
chapter introduce the electronic signature as a way to sign records.
Adams, an attorney, represented Hall, who called himself an International Trader,
in a deal with a company in India that was to result in Hall receiving $10 mi llion .
Adams and Hall resided in the state of Maine. The attorney's fee of $1 mill ion
for handling the case was to be paid when Hall received his money from the
company. In order to receive this $10 million, however, Hall was required to pay
an upfront fee of $100,000 to an agent of the company handling the deal in India.
Hall had done business with this Indian company on prior occasions, but the
agent was new to the company. Hall borrowed the fee from Garlock, a business
associate, and signed a promissory note agreeing to pay back the $100,000
within five days. Adams made arrangements with a local bank to wire the money
to the agent in India. Neither Hall nor Adams heard from the agent once the
money was sent. Adams had orally guaranteed to repay Garlock if Hall did not
himself repay the debt. When the due date of the note arrived, Garlock requested
his $100,000, but Hall was unable to make payment. Garlock therefore brought
a lawsuit against Hall for the money. He hired Adams as his attorney. The court
awarded damages to Garlock requiring Hall to make payment. However, Hall had
no assets from which to collect it. During the trial, Adams publicly reprimanded
Hall during cross-examination for not paying his loan as scheduled ...
This document provides an overview of key concepts in business law in India including definitions of law, the need for business laws, sources of business law, the Indian Contract Act of 1872, essential elements of a valid contract, and classifications of contracts. It defines law, discusses the objectives of business law and contract law, and provides examples to illustrate concepts like void, voidable, and valid contracts.
After midsem-slides-1224252673846877-9 niravniravjingar
This document provides an overview of key concepts in business law in India including definitions of law, the need for business laws, sources of business law, the Indian Contract Act of 1872, essential elements of a valid contract, and classifications of contracts. It defines law, discusses the objectives of business law and contract law, and outlines essential elements for a valid contract such as offer and acceptance, lawful consideration, capacity and consent of parties. It also classifies contracts based on validity, formation, and performance.
This document defines law and discusses various types of laws including mercantile law, constitutional law, criminal law, and more. It then explains the definition of a contract as an agreement that is enforceable by law, and outlines the essential elements for a valid contract such as offer and acceptance, lawful consideration, capacity and consent of parties. The document also discusses different classifications of contracts such as void, voidable, implied, executed, and executory contracts.
The document summarizes key aspects of contract law in India according to the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law, consisting of an agreement and enforceability. It outlines the essential elements that must be present for an agreement to be considered a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, a lawful object, and certainty of terms. It also distinguishes between different types of contracts based on validity, formation, and performance. Finally, it compares the differences between void, voidable, and illegal agreements.
The document discusses the essential elements of a valid contract under Indian law. It begins by defining a contract as an agreement that is enforceable by law. There must be an offer and acceptance, resulting in an agreement between two parties. For an agreement to become an enforceable contract, there must be free consent between competent parties, lawful consideration, a lawful object, and the agreement cannot be expressly declared void. The document then elaborates on each of these essential elements in further detail. It also discusses the differences between a mere agreement and an enforceable contract.
The document discusses business law and contracts. It begins by defining law and business law. Business law encompasses the laws governing how to start, manage, and close a business. The objectives and requirements of effective business law are then outlined. The key sources of Indian business/commercial law are the common law, equity, statute law, law merchant, and precedents. The essential elements of a valid contract are then defined, including minimum two parties, agreement through offer and acceptance, capacity to contract, free consent, lawful consideration, lawful object, certainty of terms, and possibility of performance. Key contract types like void, voidable, illegal, unilateral, and bilateral contracts are also explained.
The document classifies contracts into five categories: formation, performance, parties, formalities, and legality. Formation includes express, implied, and quasi contracts. Performance includes executed and executory contracts. Parties include bilateral and unilateral contracts. Formalities include formal and informal contracts. Legality includes valid, void, voidable, unenforceable, and illegal agreements. Essential elements of a valid contract are offer/acceptance, intention to create legal obligations, lawful consideration, competent parties, free consent, lawful object, and certainty.
The document discusses the Indian Contract Act of 1872 which governs contract law in India. It defines key terms related to contracts such as agreement, proposal, acceptance, consideration, and essentials of a valid contract. It also classifies contracts based on their enforceability, mode of formation, and extent of execution. The Act aims to protect parties' reasonable expectations and provide a framework for resolving contractual disputes.
Every draftsman while drafting any contract must have acquired and develop certain skills so that he/ she can suitably do the justice with any contract and the draftsman should have the knowledge of exact intention and the purpose of entering into contract so that the draftsman can successfully give legal written shape to the intention of the parties without any ambiguity, violating and breaching any applicable law which might be applicable upon the parties to the contract.
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Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. 2
Drafting, in legal sense, means an act of preparing the legal documents
like agreements, contracts, deeds etc. A proper understanding of drafting
cannot be realized unless the nexus (a connection or series of connections
linking two or more things) between the law, the facts, and the language is
fully understood and accepted.
Drafting may be defined as the synthesis of law and fact in a language
form [Stanley Robinson: Drafting Its Application to Conveyancing and
Commercial Documents (1980);]
The process of drafting operates in two planes:
• the conceptual and
• the verbal.
Besides seeking the right words, the draftsman seeks the right concepts.
Drafting, therefore, is first thinking and second composing.
DRAFTING
3. 3
The Constitution of India;
The Companies Act 1956 and 2013;
The Indian Evidence Act, 1872;
The Indian Contract Act, 1872;
The Indian Stamp Act, 1899;
The Registration Act, 1908;
The Transfer of Property Act, 1882;
LAWS RELATING TO DRAFTING
4. 4
A deed is an instrument-
Written on parchment/paper;
Executed by some person or corporation;
Consent or giving assurance;
Interest in some property or subject matter;
legal or equitable right, title or interest;
governed by some laws/act’;
Affecting the legal relation;
WHAT IS DEED ?
5. 5
Section 3 of the Indian Evidence Act, 1872, defines a document to mean
Any matter expressed/described;
Upon any substance;
By means of letters/figures/marks/
Intended to be used
For recording that matter;
WHAT IS DOCUMENT ?
Difference between Conveyancing and Documentation.
Conveyancing: Act of transferring property title from one person to
another;
Documentation: the preparation, finalization and execution of
documents;
6. 6
An agreement which is enforceable at law is called a contract. Generally when a
contract is reduced to writing, the document itself is called an agreement.
Form of Contract
There is no particular form prescribed for the drawing up of trade contracts,
except that they must fulfill all the essential requirements of a valid contract
under the law applicable to the contract. If the law requires any particular
category of contracts to be in writing or to be registered, these formalities must
be complied with. A contract may be hand written, type written or printed. It
may be as brief or as detailed as the circumstances of a particular trade
transaction demand.
DRAFTING OF CONTRACTS
7. 7
A valid and binding agreement
Consideration.
Capacity.
Intention.
Formalities.
Legal purpose.
Requirements of a valid contract (The Contract Act, 1872)
8. 8
1. Description of Parties to the Contract: names, status and address. In case of an
individual, father’s name and in case of a company, the place where registered
office is situated be also given. In case of firms and companies the particulars of
persons representing them be invariably given including details of particulars of
the firm.
2. Legal Nature of the Contract: In the title or in the introductory part of the
contract, the parties should clearly indicate the legal nature of the contract as to
whether it is a sale/purchase contract or a commercial agency contract or a
contract for technical assistance and advice or building construction and erection
contract, etc. so as to avoid any doubt as regards the nature of the contract and the
legal position of the parties thereunder.
Important points in regard to drafting of Contracts:
9. 9
3. Licenses and Permits: It is generally the commercial practice to provide
that each party to the contract may obtain the requisite licenses in its
own country.
4. Taxes, Duties and Charges: A provision regarding the responsibility for
payment of taxes, duties and other charges, if any, may also be included
in the contract. Provision should also be made for fluctuations in the
rate of taxes, duties and fees, after the conclusion of the contract and it
may be agreed upon whether any increase in such rates would be borne
by the buyer or the seller.
Important points in regard to drafting of Contracts:
Contd…
10. 10
5. Quality, Quantity and Inspection of Goods;
6. Insurance
7. Documentation:
8. Guarantee;
9. Passing of the Property and Passing of the Risks;
10. Amount, Mode and Currency of Payment;
11. Force Majeure;
12. Specific Performance;
13. Proper Law of Contract/ Governance of Law;
14. Settlement of Disputes and Arbitration
Important points in regard to drafting of Contracts:
11. 11
1. The vendor and the purchaser must be sufficiently described, irrespective of
the fact that the parties know each other.
2. If one of the parties to the agreement is acting in his representative capacity,
such capacity must be clearly and precisely disclosed and his authority to
act in that capacity must form part of the agreement.
3. specific performance may be enforced not only against a party to the
contract but also against a person claiming title under it.
4. Legal representatives of parties have a right to require specific performance
of a contract or are bound by the promise to perform the contract.
CONTRACTING PARTIES
12. 12
Subject Matter
Subject-matter of the agreement must be described in detail giving its precise
situation and the extent of interest agreed to be conveyed therein should be
clearly stated.
If the property is subject to certain charges, easements, encumbrances,
restrictions, covenants etc., the same should be clearly stated. The vendor
should not conceal any material particular with regard to the property he is
selling, which the purchaser has a right to know.
Time for Performance
If the time for performance is the essence of the agreement, the same should
be clearly stipulated and the consequences of non-performance within the
stipulated time should also be clearly and precisely declared.
13. 13
Attestation: It is not necessary for an agreement to be attested by any
witness. But where registration is desired the agreement should be attested
by two witnesses.
Registration: Agreements not relating to immovable property and
agreements not creating an interest in immovable property are not
compulsorily registrable. Only agreements creating an interest in immovable
property worth more than Rs. 100 are required by law to be registered.
Stamp Duty: For the purpose of stamp duty, agreements are covered by
Article 5 of Schedule I to the Indian Stamp Act, 1899. The stamp duty for
different kinds of agreements varies from State to State.
ATTESTATION, REGISTRATION AND STAMP DUTY
14. 14
1. Document should be clear;
Simple words
No ambiguity
Ascertain meanings used
Avoid legal jargon
2. Logical arrangement:
Logical order of document
Eliminate inadequacy and repetition
3. Consistent usage of words
same words in same sense
Final product should be clear
PRINCIPLES OF GOOD DRAFTING
15. 15
4. Compliance with legal requirements
Legal requirement should be incorporated
A document which is void ab initio has no existence in law.
Contractual obligations should not be contrary to the law.
5. Concise and brief document
Irreducible minimum of clear words;
Avoid repletion and redundancy
6. Direct expression in document
Nothing implicit
Active voice preferred to passive
Simple sentence preferred to complex
Objective preferred to subjective
PRINCIPLES OF GOOD DRAFTING
Contd…
16. 16
7. Miscellaneous
Divide into paragraphs
First word/phrase of important part of deed in capitals
Proper punctuation
Clauses in subsequent paragraphs should not be referred without giving
numbers;
Small sentences in simple language
Avoid negatives in successive phrases
State dates, sums and numbers in both figures and words
Fill blank spaces in document before execution
Use font Times new roman or Book Antique as this is the most readable font in all
versions of MS
Roman/Arabic numerals, capital/lower case letters for sub divisions
Headings and sub headings
No spelling/ grammatical/typing mistake
PRINCIPLES OF GOOD DRAFTING
Contd…
17. 17
Collect facts from client
Understand clients requirements
Determine most appropriate legal document
Selection of the right document is of vital importance to the client for tax
or other reasons.
Section 46 and section 9 of the companies Act 1956 and 2013
Article 299 in The Constitution Of India 1949 (Contract)
Try to provide all provisions which may arise in future
Provide clauses to cover every situation of the transaction
PROCESS OF DRAFTING OF DOCUMENT
19. 19
The deed commences with its name
Name in capital letters
Name should reflect the nature of the deed
Deed should be commenced as “THIS DEED OF SALE…..”
Place of execution stated after name.
Date of execution
Eg.: THIS DEED OF SALE MADE AT JAIPUR ON THE 25TH DAY OF
JANUARY, 2018.
The full description of all the parties to the deed, for Eg.: Mr. XYZ S/o Shri ABC, R/o
xxxxxxxx, Jaipur, Rajasthan, having PAN: QWER5678IK, AADHAR No. 7777 8888
9999, hereinafter referred to as the "Seller", (which expression shall, unless
repugnant to the context or meaning thereof be deemed to mean and include their
legal successor(s), administrators, executors successors & permitted assignees) of
the FIRST PART. (Change if the party is company or any other entity)
DRAFTING OF DEED
20. 20
Minor are not competent to contract (Section 10 of Indian Contract Act)
Person of Unsound mind or a lunatic is not competent to contract (Section 12, Indian Contract
Act);
If there are more than 2 parties- use terms like “FIRST PART”; “SECOND PART”;
RECITALS:
o NARRATIVE RECITAL- history of property or the parties and title of the transferor;
o INTRODUCTORY RECITAL- motive or intention of the parties;
o In chronological order
TESTATUM:
o It is the operative part of the deed
o Form: “NOW THIS DEED WITNESSETH AS FOLLOWS:”
CONSIDERATION:
o Fully and truly set forth in the deed (Section 25 of the Indian Contract Act
E.g.: “THAT IN PURSUANCE OF THE SAID AGREEMENT AND IN
CONSIDERATION OF A SUMOF Rs. 1,00,000/- (Rupees One Lakh only) PAID BY
THE TRANSFEREE TO THE TRANSFEROR BEFORE EXECUTION HEREOF (THE
RECEIPT OF WHICH THE TRANSFEROR DOES HEREBY ACKNOWLEDGE)”
DRAFTING OF DEED Contd…
21. 21
COVENANTS:
Include clear and unambiguous covenants on the part of the parties, e.g. “in a lease
deed, the lessor and lessee covenants to perform duties _______”
SCHEDULE OF THE PROPERTY:
o Description of the property given in the schedule append to the deed
o Words “more particularly described in the schedule hereunder attached.”
MAP:
o Map of the property annexed
o Section 21(4) of the Indian registration Act.
ESTATE:
All state clause:
o Expresses that the transferor conveyed all his estate, interest, title, claim, rights and
demands whatsoever in the said property of its part thereof;
o Makes clearer the rights, interests and title etc. of the transferor
DRAFTING OF DEED Contd…
22. 22
TESTIMONIUM:
o Concluding part
o Eg.- “IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET
THEIR RESPECTIVE HANDS THE DAY, MONTH AND YEAR FIRST
ABOVE WRITTEN.”
GOVERNING LAW:
o Specify which law is applicable;
o Specify which court will resolve the dispute
o Arbitration- Specify all details
DRAFTING OF DEED Contd…
23. 23
EXECUTION:
o Signed by the parties to the deed in presence of the witnesses;
o Stamp duty to be paid (Section 3 of the Indian Stamp Act)
ATTESTATION:
o Two or more witnesses (Section 3 of the Transfer of Property Act)
o Necessary in bond, gift and will
o Name and description of the Witness
DRAFTING OF DEED Contd…
24. 24
Addendum/Supplementary Deeds
Addition/alteration to the deed
usual form of Deed
after the name of the Deed following words added- “In continuation of the
sale deed executed on 8th day of August, 2015 at Jaipur, this Supplementary
Deed is executed on 25th day of January, 2018 at Jaipur between the parties
as below:”
mention details of original deed
SUPPLEMENTAL DEED
25. 25
in the TESTATUM clause mention the Clause number want to alter, modify,
substitute or delete.
At the end write that except changes in this agreement rest clauses will
remain same.
“TO THE EXTENT of the modification agreed in this Supplementary
Deed, the Original Agreement dated 8th August, 2015 stands modified.
The other clauses of the said Original Agreement shall stand mutatis
mutandis and have full force and effect, bind and regulate the
relations of the Promoter and the Allottee and shall be subject to the
same terms, covenants, stipulations, declarations, and conditions as are
expressed and contained therein except in so far as the same shall be
necessarily modified or effected by these presents.
SUPPLEMENTAL DEED Contd…
26. 26
Contact Us
For further Clarification and discussions:
Contact:
CS Harleen V. Bedi,
Legal Consultant
B.com, C.S, LL.B.
+91 6350517687
harleen@rngca.com