B.A.LL.B. (Hons.) Semester-X
DRAFTING, PLEADING AND CONVEYANCING(CLINIC-I)
Drafting pleading and conveyancing is a clinical paper, related to purely practical aspect of the legal profession. Theoretical concepts are better learned in Drafts. How law has been applied is seen here. Litigation in Court of law starts with drafting, pleading and conveyancing. Depending upon the facts of particular matter students, in the capacity of a lawyer, would be required to do 'Drafting' of: various applications, petitions and replies etc. of a particular litigation - which? constitute part of the court proceedings falling under 'Pleadings';
Documents, reflecting conveyance of property from one person to another person. With globalization and rapid rise of businesses, depending on transaction, drafts of contracts are made. This part falls under 'Conveyancing'.
In this scenario, the students would be required to undertake, under this subject, to do these practical exercises in the class itself under the guidance of their teacher, after recollecting what they have learnt in the other substantive subjects during their law Course. Reason of introducing this subject in law curriculum is to understand how practical work is conducted as lawyer. Through class exercises, students can boost confidence over draft, deeds and pleading.
The substantive law is the one which actually decides the rights, liabilities and duties of the respective persons. On the other hand, the procedural law is the one which lays down guidelines as to how to decide those rights, liabilities and duties. In other worlds, the procedural law lubricates substantive law. It helps in iii determining the rights, liabilities and duties of the litigants. In this way, both the branches of law are complementary to each other and at the same time independent of each other. Indian Penal Code, 1860, Customs Act, 1962, Prevention of Food Adulteration Act,1954, Sale of Goods Act, 1930, Transfer of Property Act, 1982 and Rent Control Legislations, etc. are the examples of substantive laws, whereas Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908, Indian Evidence Act, 1872, etc. are procedural laws.
The dictionary meaning of the term 'plead' means 'to state and argue a case'. Therefore, pleading comprises of respective contentions of the parties in a dispute, which are reduced into writing. 'Pleadings', under Civil as well as Criminal Law, meant that to determine what the parties were currently fighting about. Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. Therefore, it includes every legal document filed in a lawsuit, petition, and motion and/or hearing, including complaint, petition, answer/reply, rejoinder, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes Needless to mention here that, our legal system is adversary legal system wherein there are two contesting parties. One party stakes its claim or right to a particular thing, which is disputed by the opposite side before the Court. Under these circumstances each of the parties in support of its claim files in writing various contentions and submissions in terms of the different provisions under the law before the Court. All these documents constitute pleadings. It is only after the completion of the pleadings that a matter is argued and subsequently the dispute is adjudicated by the Court. Under this part of the subject we would be learning drafting of various kinds of pleadings, as mentioned in the syllabus.
On the other hand, the dictionary meaning of the 'conveyance' is 'an act by which property is conveyed or voluntarily transferred from one person to another by means of a written statement and other formalities'. It also means 'instrument' itself. Therefore, the term conveyancing does not apply to the Court proceedings, rather it is applicable to the instrument, which have been documented not for the purpose of Court proceedings, rather for the purpose of creating evidence of a particular transaction, which may be used before the Court in case of any dispute.
Looking at need of current times, we have added new conveyances under the chapter of Contract
PROFESSIONAL ETHICS AND ACCOUNTANCY(CLINIC-II)
This course has been designed to give an insight into the development of legal profession in India, to make the students understand the actual working of Advocates Act-1961, to make the law students aware and understand the Professional Ethics, to understand the duties of the legal profession towards public, Clients, Court, and to the legal fraternity and the legal aid; Bar Council of India Code of Ethics and to learn the principles of accounting in the legal profession.