Practical Exercise – Drafting, Pleadings and Appearances Important Questions
Question 1.
Draft a notice by tenant to his landlord to determine the tenancy.
Answer:
Letter head of Advocate
Registered A.D/Speed Post
Date
To
Mr.X
S/o…….
R/o…….
LEGAL NOTICE FOR DETERMINING PENANCY
Dear Sir,
Under instructions from my client AB, S/o ………. R/o ………. I hereby state as under:
1. That you the addressee is the landlord of my client.
2. That my client and you had executed a rent agreement for premises bearing …………
3. That in pursuance of a power contained in the agreement dated ………… day of ………… my client intends to determine the said tenancy.
4. I hereby by give you notice that this tenancy shall stand determined from the expiry of the 15th day of receipt of the legal notice by you and that he shall deliver up to you the possession therein comprised on the next day after such 15th day.
5. I call upon you to release the security amount of ₹ 10000/- deposited with you by my client after deducting the rent for the month of ……….
6. A copy of this legal notice is kept in my office for ready reference.
Signed ………………..
Advocate for the said A.B.
Question 2.
Draft a notice of Suit under section 80, CPC against a public officer of Government of Uttar Pradesh with assumed data.
(June 2019, 8 marks) (.December 2017, 8 marks) (June 2016, 4 marks).
Answer:
Letter head of Advocate
Registered A.D/Speed Post
Date
To
Mr. X
Chairman
Municipal Corporation of Delhi
Address
NOTICE UNDER SECTION 80, CPC 1908
Dear Sir,
1. Please take notice that my client …………….. son of …………….. residing at …………….. intends to bring a suit against the a public officer of the Municipal Corporation of Delhi in a competent court of law on the cause of action stated herein-under and for reliefs appearing below:
2. That the municipal corporation has illegally demolished the premises bearing No, ……………..
3. That this unauthorized action has caused damages to my client to the tune of ₹ 200000/-
4. That I call upon you to pay damages to my client within two months from the date of receipt of this notice as a compliance of section 80 Civil Procedure Code, 1908.
5. Failing which I have complete instructions from my client to initiate civil action against you.
6. A copy of this legal notice is kept in my office for ready reference.
Yours faithfully,
Advocate.
Question 3.
Three partners, Aman, Bhuvan and Chaman, decided to dissolve their firm named ABC & Co., by mutual consent. However, Aman agreed to continue the business in his own name, as a sole proprietor and all the other partners agreed to this.
Draft a notice of dissolution of ABC & Co. for insertion in a national newspaper.
Answer:
NOTICE OF DISSOLUTION OF PARTNERSHIP
FOR INSERTION IN A NEWSPAPER
Notice is hereby given that the partnership lately subsisting between us the undersigned Aman, Bhuvan and Chaman, carrying business as …………………… at …………………… under the style or firm of ABC & Co. has been dissolved by mutual consent. All debts due to and owing by the said late firm will be received and paid by Aman, who will continue to carry on the said business under the same style and firm.
Sd/-
Aman,
Bhuvan
Chaman
Question 4.
Draft an application for Caveat to be filed in Delhi High Court on a Service matter. Assume your data.
Answer:
In the Court of the Delhi High Court
Application for a caveat (s. 148A)
Money Suit No………………… /20……………
IN THE MATTER OF
A.B
S/o of C.D
R/o…
Versus
P.Q.
S/o of M.N.
R / o…
Caveator-Petitioner
CAVEAT
The above-named petitioner states:
1. That Mr. A.B. named above has instituted the above money suit against Mr. P.Q. and the said suit is pending. The summons has not been served on the petitioner as yet.
2. That as far as the petitioner could know, the said Mr. A.B. is contemplating to file a petition under Or. 38, r. 5 of the C. P. Code for attachment of your petitioner’s properties before judgment.
3. That your petitioner has every right to appear before the court on the hearing of such application, if any.
4. That your petitioner here by lodges a caveat to the effect:
‘Let nothing be done in the matter of application under Order 38, Rule 5, Civil Procedure Code, 1908 if any, touching properties of the petitioner without notice to the petitioner.’
Sd.
Caveator-Petitioner
Question 5.
Draft a petition for grant of probate of a will.
Answer:
IN THE COURT OF THE DISTRICT JUDGE AT………………
CASE NO …………. OF 2017
Mrs X
W/oMr.A
R/o….
Petitioner herein
IN THE MAER OF GRANT OF A PROBATE OF THE WILL OF A, DECEASED UNDER S. 276 OF THE INDIAN SUCCESSION ACT.
THE ABOVE-NAMED PETITIONER STATES AS FOLLOWS:
1. That Mr. A, husband of the petitioner died at his residence at ……………. on ……………. leaving behind in sealed cover, is his last will, duly executed by the deceased on …………….
2. The copy of the Will dated… is annexed herewith as ANNEXURE 1.
3. That the said deceased left behind the following relations;
X(Wife)
Y(Son)
Z(Daughter)
4. That the deceased has bequeathed his estate equally in favour of his wife X, son Y and daughter Z.
5. That properties bequeathed in favour of X are shown in Schedule A.
6. That properties bequeathed in favour of Y are shown in Schedule B.
7. That properties bequeathed in favour of Z are shown in Schedule C.
8. That at the time of his death the deceased had immovable properties at ___________ which is within the jurisdiction of this Court.
9. That to the best of the petitioner’s belief no application has been made to any other court for a probate of the said Will.
10. That the petitioner has paid off Estate Duty on the estate of E.F. – de-ceased.
Prayer
The petitioner, therefore, prays that the court may be pleased to grant to the petitioner probate of the said will of the deceased.
Schedule A
Details of properties
I, Sri ……………. one of the witnesses to the last Will of deceased, declare that I was present and’ saw the said testator affixing his signature in the said Will.
WITNESS
Verification
I, X the petitioner in the above petition, declare that statements made in paras hereinabove are true to my knowledge and belief and I sign this verification on the ……………. day of ……………. 20 ……………. at …………….
PETITIONER
Question 6.
Draft a petition for prevention of Oppression & Mismanagement u/s 241 of The Companies Act, 2013 with NCLT. Assume facts.
Answer:
BEFORE THE NCLT, NEW DELHI
In the matter of:
1. XYZ Garments
having its Registered Office at ……
And
2. Mr. P, S/o … R/o …
3. Mr. Q, S/o … R/o …
4. Mr. R, S/o … R/o ….. …Petitioners
VERSUS
1. Mr. D s/o ………. R/o …
2. Mrs. D w/o …R/o… …Respondents
The petitioners submit as under:
1. That XYZ is a registered company under the provisions of the Companies Act having is Heads Office in Delhi.
2. That P, Q & R are the shareholders of the company having an aggregate shareholding of 4096 i.e. more than 1096 required to file this petition.
3. That Mr. D and Mrs. D have gained interest in a new company and are diverting the orders of XYZ to new company which is detrimental to the interests of XYZ Ltd.
4. XYZ in their Annual General Meeting held on ………………… have removed Mr. & Mrs. D from Directorship of the Company after following the process laid by law. Certified copies of minutes and returns filed with the Registrar of Companies are enclosed.
5. That the petitioner feels that the oppressive methods of respondents should be stopped forthwith. The petitioners have already suffered irreparable loss.
6. In view of above this petition is filed to seek appropriate orders re-straining Mr. and Mrs. D to act as Director of the company and to prevent them to continue with their oppressive methods.
7. The petition has been made bona fide in interest of justice.
8. Affidavit verifying the petition is annexed.
9. Prescribed filing fee of ₹ ……………………. is enclosed.
PRAYER
In light of the aforesaid circumstances it is prayed that this Tribunal be pleased to direct the following:
(a) An order may be issued preventing Mr. and Mrs. D from continuing to their oppressive methods.
(b) Any other order that this Hon’ble Tribunal may think fit & proper in the circumstances of the case.
PETITIONER
Place:
Date:
THROUGH
ADVOCATE DETAILS
Followed by Affidavit