Objective:
a To equip with practical aspects of drafting various types of agreements, documents, applications to the quasi-judicial bodies including Tribunals and to provide competency for pleading and appearances. Level of Knowledge: Expert Knowledge Detailed Contents Part I : Drafting and Conveyancing (70 Marks)
1. Types of Documents:
*Deeds
*Agreements
*Contracts
*Difference between Deeds, Agreements and Contracts
*Circulars
*Public Notices
*Standard Bids and Tenders
*Letter of credit, bank guarantee, and performance guarantee
*Bye Laws
*Show Cause Notices
*Standing Orders
*Bond
2. General principles of Drafting:
*Drafting
*Conveyancing
*Distinction between Drafting, Conveyancing and Contract
*General Principles of Drafting all sorts of deeds and conveyancing
*Basic Components of Deeds
*Important Terms and Conditions in the Agreement
*Broad Outlines of deed
*Guidelines for use of particular words and phrases for drafting and conveyancing
*Use of Appropriate words and expressions
*Aids to Clarity and Accuracy
*Endorsements
*Stamping of the Deeds
3. Laws relating to Drafting and Conveyancing:
*Communication, acceptance and revocation of proposals
*Essentials of Contracts l Contingent Contracts
*Recovery of specific immovable property
*Specific Reliefs l Contracts not specifically enforceable
*Declaratory Decrees
*Sale
*Mortgage
*Lease
*Licence
*Gift
*Actionable Claims
*Compulsory and Optional registration of Documents
*Time and Place of Registration
*Effects of Registration and Non-registration of Documents
*Adjudication and Payment of Stamp Duty
*Law relating to Power of Attorney
4. Drafting of Agreements, Deeds and Documents:
*Deeds of Power of Attorney i.e. General Power of Attorney and Special Power of Attorney
*Lease Deed
*License Deed
*Mortgage Deed
*Gift Deed
*Sale Deed and Agreement to sell
*Alternate Dispute Resolution (ADR) Agreements
*Employment Contracts
*Settlement Agreements
*Drafting of Byelaws of Societies
*Drafting of Standing Orders
*Reply of Show Cause Notices
*Notice under Section 138 of the Negotiable Instruments Act
*Reply to Legal Notice under Section 138 of Negotiable Instruments Ac
5. Drafting of Commercial Contracts:
*Limited Liability Partnership Agreement
*Joint Venture and Foreign Collaboration Agreements
*Joint Development Rights Agreements
*Service Agreements
*Dealership Contracts
*Distributorship Contracts
*Franchise Agreements
*Outsourcing Agreements
*Non-disclosure Agreements
*E-Contracts
6. Documents under Companies Act, 2013:
*Deed of Transfer of Undertakings
*Mortgage Deed
*Debenture Trust Deed
*Share Purchase Agreements
*Shareholders Agreements
*Underwriting and Brokerage Agreements
*Resolutions – Appointment of KMPs, Adoption of Financial Statements, Distribution of Dividend, Corporate Social Responsibility, Inter- corporate Loans, Borrowings and Investment by Company, Approval of Related Party Transactions
7. Art of Opinion Writing:
*Understanding facts of the case
*Application of relevant Legal Provisions to the facts
*Research on relevant case Laws
*Discussion l Form of Opinion
*Opinion writing
*Case Study on Opinion writing
8. Commercial Contract Management:
*Negotiation of best commercial and operational terms with vendors
*Create, analyze and execute contracts
*Contract-related documents and correspondence
*Maintenance of contract documents
*Compliance with mandatory provisions
*Tracking of contracts and extend, renew, and close
*Build and maintain relationships with vendors, clients
*Control over any charges for services out of the scope of the contract
*Actions in case of Breach of Contracts Part II : Pleadings and Appearances (30 Marks)
9. Judicial & Administrative framework:
*Types of Courts
*E-Courts
*Types of Tribunals/Quasi-Judicial Bodies
*Jurisdiction l Procedures
*Reference, Review and Revisions
*Applicability of Civil Code on tribunals
*Types of Trials l Appellate forums
10. Pleadings:
*History of Pleadings
*Meaning of Pleadings
*Object of Pleadings
*Fundamental Rules of Pleadings
*Suits l Suits for temporary and permanent injunctions
*Plaint Structure
*Description of Parties
*Written Statements
*Interlocutory Applications l
*Petitions
*Revision Petitions
*Execution Petition and Memorandum of Appeal and Revision
*Writ Petition
*Special Leave Petitions
*Affidavit
*Drafting of Affidavit in Evidence
*Arguments on Preliminary Submissions/Merits
*Legal Pleadings and Written Submissions
*Applications
*Witness
*Improper Admission
*Rejection
*Appeal
*Review
*Undertakings
*Indemnity Bonds
*Legal Notices
*Response to Legal Notices
11. Art of Advocacy and Appearances:
*Professional Etiquettes
*Court Craft
*Preparatory Points
*Duty towards Court, Client and Opponent
*Important Principles of Advocacy
*Advocacy Tips
*Pre-requisites for entering appearances
*Appearance Etiquette
12. Applications, Petitions and Appeals under Companies Act, 2013:
*NCLT & NCLAT Rules
*Appeal to NCLT against notice of refusal to transfer shares
*Application to NCLT for direction for calling the AGM and other meetings
*Application for Compromise and Arrangements including mergers and amalgamations
*Application in case Oppression and Mismanagement
*Application for Class Actions
*Application for compounding
*Adjudication and E-adjudication
*Petition for Winding up
*Appeals before NCLAT
*Case Studies on Mergers & Amalgamations, Oppression and Mismanagement, Class Action, Compounding, winding u
13. Adjudications and Appeals under SEBI Laws:
*Adjudicating Authorities
*Process including Show Cause notices, Reply, Personal Hearing l SEBI (Procedure for Holding Inquiry and Imposing Penalties) Rules l Penalties l *Compounding
*Consent Terms
*Settlement Proceedings
*Appeals to Securities Appellate Tribunal
*Constitution and Jurisdiction of Securities Appellate Tribunal(SAT)
*Procedure and Powers of SAT
*Procedure as per Securities Appellate Tribunal (Procedure) Rules
*Adjudication
*Appeals
*Case Studies on Settlement Proceedings, Insider Trading and Listing Obligation & Disclosure Requirements
14. Appearance before other Regulatory and Quasi-judicial Authorities:
*Appearing before Tribunals/ Quasi-judicial Bodies such as NCLT/SEBI/CCI/TRAI/Tax Authorities
*Appearing before Appellate Tribunals and authorities such as RD/SFIO/ NCLAT/ RBI/ED/Stock Exchange/RERA/RERA Appellate Tribunal/IPR Authorities
*Case Study on Corporate Insolvency Resolution Proces
*Case study on combinations under the Competition Act, 2002
