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drafting viva questions, Cheat Sheet of Law

NMIMS UniversityLaw

it has drafting viva questiond and answers

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2022/2023
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1. Plaint: A plaint is a written statement of a plaintiff's claim, which is presented before a court
of law. It is the initial document that initiates a legal action. A plaint should contain the
details of the cause of action, facts, and the relief sought by the plaintiff.
The following are the essential elements of a plaint:
Title of the suit
Name and description of the parties involved
Facts of the case
Cause of action
Reliefs claimed
Court fee paid
Verification by the plaintiff
The following sections of the Code of Civil Procedure, 1908, are related to the drafting of a plaint:
Section 26: Institution of suits
Section 33: Frame of the suit
Order 7: Plaint
A plaint should be drafted with utmost care, as it is the foundation of the entire legal process. It
should be drafted in a clear and concise manner, without any ambiguity. The plaint should contain
only those facts which are relevant to the case. The language used in the plaint should be simple and
easy to understand. The plaintiff must also ensure that the court fee is paid, and the plaint is verified
before filing.
Here are some potential viva questions with answers that may be asked in relation to Plaint drafting:
Q: What is a Plaint? A: A Plaint is a legal document filed by a plaintiff in a civil court, setting out the
facts and legal basis of their claim against the defendant.
Q: What are the essential elements of a Plaint? A: The essential elements of a Plaint are:
Name of the court
Name, description and place of residence of the plaintiff
Name, description and place of residence of the defendant
Statement of facts giving rise to the cause of action
Legal basis for the claim
Prayer for the relief sought
Q: What should be included in the statement of facts in a Plaint? A: The statement of facts should
include all relevant facts that give rise to the cause of action, such as the nature of the claim, the
events leading up to the claim, and the actions of the defendant that caused harm or injury to the
plaintiff.
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  1. Plaint: A plaint is a written statement of a plaintiff's claim, which is presented before a court of law. It is the initial document that initiates a legal action. A plaint should contain the details of the cause of action, facts, and the relief sought by the plaintiff. The following are the essential elements of a plaint:  Title of the suit  Name and description of the parties involved  Facts of the case  Cause of action  Reliefs claimed  Court fee paid  Verification by the plaintiff The following sections of the Code of Civil Procedure, 1908, are related to the drafting of a plaint:  Section 26: Institution of suits  Section 33: Frame of the suit  Order 7: Plaint A plaint should be drafted with utmost care, as it is the foundation of the entire legal process. It should be drafted in a clear and concise manner, without any ambiguity. The plaint should contain only those facts which are relevant to the case. The language used in the plaint should be simple and easy to understand. The plaintiff must also ensure that the court fee is paid, and the plaint is verified before filing. Here are some potential viva questions with answers that may be asked in relation to Plaint drafting: Q: What is a Plaint? A: A Plaint is a legal document filed by a plaintiff in a civil court, setting out the facts and legal basis of their claim against the defendant. Q: What are the essential elements of a Plaint? A: The essential elements of a Plaint are:  Name of the court  Name, description and place of residence of the plaintiff  Name, description and place of residence of the defendant  Statement of facts giving rise to the cause of action  Legal basis for the claim  Prayer for the relief sought Q: What should be included in the statement of facts in a Plaint? A: The statement of facts should include all relevant facts that give rise to the cause of action, such as the nature of the claim, the events leading up to the claim, and the actions of the defendant that caused harm or injury to the plaintiff.

Q: What is the importance of specifying the court's jurisdiction in a Plaint? A: It is important to specify the court's jurisdiction in a Plaint because it determines whether the court has the authority to hear the case. If the court does not have jurisdiction, the case may be dismissed. Q: How should the prayer for relief be drafted in a Plaint? A: The prayer for relief should be specific and clear, stating the exact relief sought by the plaintiff, such as a sum of money, an injunction, or specific performance of a contract. Q: What are the consequences of not including all relevant facts in a Plaint? A: Not including all relevant facts in a Plaint may result in the court dismissing the case for lack of sufficient evidence or the defendant arguing that the Plaintiff has not established a valid cause of action. Q: give jurisdiction of CITY CIVIL JUDGE, JR. DIVISION AT GREATER BOMBAY The City Civil Court, Jr. Division at Greater Bombay has jurisdiction over civil cases arising within the city limits of Greater Mumbai, Maharashtra. This court has the power to hear and decide on a wide variety of civil matters, including breach of contract, property disputes, and civil defamation cases. The court also has the power to enforce its decisions and issue injunctions, directions, and other orders necessary to protect the rights of the parties involved in the case. It is important to note that the jurisdiction of the court may vary based on the specific facts and circumstances of each case. What is the purpose of the cause title in a plaint? The cause title in a plaint specifies the names and addresses of the parties involved, along with the jurisdiction of the court. What is the importance of verification in a plaint? Verification is an essential part of a plaint, as it confirms that the contents of the plaint are true and correct to the best of the plaintiff's knowledge and belief. provide some examples of sections that are commonly used in a plaint? Some of the common sections used in a plaint are Section 9 (jurisdiction of the court), Section 34 (reliefs sought), Section 35 (statement of facts), and Section 42 (verification). How is the statement of facts section useful in a plaint? The statement of facts section provides a detailed account of the events that led to the cause of action, and helps to establish the plaintiff's case. What is the jurisdiction of the court section in a plaint? The jurisdiction of the court section specifies the court in which the plaint is being filed, based on factors such as the location of the cause of action or the residence of the parties involved. What is the purpose of the prayer for relief section in a plaint? The prayer for relief section specifies the specific remedies that the plaintiff is seeking from the court, and may also include a request for costs and other expenses incurred. What are the consequences of not including all the necessary sections in a plaint?

Plaint in a Written Statement because failure to do so may result in the court accepting the allegations as true and ruling in favor of the plaintiff. Q: What should be included in the legal arguments section of a Written Statement? A: The legal arguments section should include relevant legal provisions and case law supporting the defendant's position, as well as any defenses the defendant may have to the plaintiff's claims. Q: Can a defendant file a counterclaim in a Written Statement? A: Yes, a defendant can file a counterclaim in a Written Statement if they have a claim against the plaintiff arising out of the same set of circumstances. Q: What are the consequences of not filing a Written Statement? A: Not filing a Written Statement may result in the court accepting the plaintiff's allegations as true and ruling in favor of the plaintiff.

  1. Writ of Mandamus: A writ of mandamus is a court order that directs a public official or a government agency to perform a specific duty that is required by law. It is issued by a court of law to ensure that public officials perform their duties in a lawful manner. The following sections of the Constitution of India, 1950, are related to the writ of mandamus:  Article 32: Remedies for enforcement of fundamental rights  Article 226: Power of High Courts to issue certain writs A writ of mandamus can be filed by any person or organization to seek relief against a public authority or government agency. The writ should be drafted in a clear and concise manner, specifying the duty that is required to be performed by the public official or agency. The language used in the writ should be respectful and not derogatory. Here are some potential viva questions with answers that may be asked in relation to drafting a Writ of Mandamus or in general: Q: What is a Writ of Mandamus? A: A Writ of Mandamus is a court order directing a public official or body to perform a legal duty that they have failed to perform. Q: What are the essential elements of a Writ of Mandamus? A: The essential elements of a Writ of Mandamus are:  Identification of the public official or body that has failed to perform a legal duty  Description of the legal duty that has not been performed  Evidence of the petitioner's right to have the legal duty performed  Prayer for relief sought by the petitioner Q: Who can file a Writ of Mandamus? A: Any person who has a legal right to compel a public official or body to perform a legal duty may file a Writ of Mandamus. Q: What is the procedure for filing a Writ of Mandamus? A: The procedure for filing a Writ of Mandamus varies depending on the jurisdiction. Generally, the petitioner must file a writ petition in

the appropriate court with jurisdiction over the public official or body that has failed to perform the legal duty. Q: What are the grounds for granting a Writ of Mandamus? A: The grounds for granting a Writ of Mandamus are:  Failure of a public official or body to perform a legal duty  Existence of a legal right in favor of the petitioner to compel performance of the legal duty  Absence of any other adequate remedy Q: What is the effect of a Writ of Mandamus? A: A Writ of Mandamus directs the public official or body to perform the legal duty that they have failed to perform. If the writ is granted, the public official or body must comply with the order. why should a writ petition in form of pil be filed with supereme court instead of high court A Public Interest Litigation (PIL) can be filed either in the High Court or the Supreme Court. However, if a petitioner wants to file a PIL that involves a matter of national importance or requires urgent attention, it is advisable to file the PIL directly in the Supreme Court. This is because the Supreme Court has the authority to issue directions to any court or tribunal in the country, and its decisions have precedence over decisions of other courts. Additionally, the Supreme Court has the power to transfer any case pending in a High Court to itself, if it deems fit. However, it is important to note that the decision to file a PIL in the Supreme Court or High Court depends on the specific circumstances of the case and the legal advice of the petitioner's advocate.

  1. Divorce Petition: A divorce petition is a legal document that is filed by either spouse in a marriage seeking a dissolution of the marriage. The divorce petition should contain the reasons for seeking a divorce, such as cruelty, adultery, or irreconcilable differences. The following sections of the Hindu Marriage Act, 1955, are related to the filing of a divorce petition:  Section 13: Grounds for divorce  Section 14: No petition for divorce to be presented within one year of marriage A divorce petition should be drafted carefully, taking into consideration all the facts and grounds for seeking a divorce. The language Here are some potential viva questions with answers that may be asked in relation to drafting a Divorce Petition or in general: Q: What is a Divorce Petition? A: A Divorce Petition is a legal document filed by a spouse seeking to dissolve their marriage. Q: What are the essential elements of a Divorce Petition? A: The essential elements of a Divorce Petition are:  Identification of the parties to the marriage  Date and place of the marriage  Grounds for divorce

Here are some potential viva questions with answers that may be asked in relation to drafting an Anticipatory Bail Petition or in general: Q: What is an Anticipatory Bail Petition? A: An Anticipatory Bail Petition is a legal document filed by a person seeking protection from arrest in anticipation of being accused of committing a crime. Q: What is the purpose of an Anticipatory Bail Petition? A: The purpose of an Anticipatory Bail Petition is to prevent the arrest of the petitioner and protect their rights while an investigation or trial is pending. Q: What are the essential elements of an Anticipatory Bail Petition? A: The essential elements of an Anticipatory Bail Petition are:  Identification of the petitioner  Details of the offense or alleged offense  Grounds for seeking anticipatory bail  Reasons why the petitioner should not be arrested  Any other relevant information or supporting documents Q: What is the procedure for filing an Anticipatory Bail Petition? A: The procedure for filing an Anticipatory Bail Petition varies depending on the jurisdiction. Generally, the petitioner must file the petition in the appropriate court with jurisdiction over the matter, along with any required supporting documentation. Q: What is the difference between anticipatory bail and regular bail? A: Anticipatory bail is granted before an arrest is made, while regular bail is granted after an arrest has been made. Anticipatory bail is sought when the petitioner anticipates being accused of committing a crime, while regular bail is sought after the petitioner has been accused of committing a crime and is awaiting trial. Q: What happens after an Anticipatory Bail Petition is filed? A: After an Anticipatory Bail Petition is filed, the court will hear arguments from both the petitioner and the prosecution. The court will then decide whether to grant anticipatory bail based on the evidence and arguments presented. Q: What conditions may be imposed on the grant of anticipatory bail? A: The court may impose conditions on the grant of anticipatory bail, such as requiring the petitioner to cooperate with the investigation, appear in court when required, and refrain from leaving the country. Failure to comply with these conditions may result in the cancellation of the anticipatory bail.

  1. Show Cause Notice/ Notice of Ejectment through Advocate (106 TOPA): A show cause notice is a legal document that is issued by a party to another party, requiring them to explain their actions or inactions. A notice of ejectment through advocate is a legal document that is issued by a landlord to a tenant, requiring them to vacate the premises. The following section of the Transfer of Property Act, 1882, is related to the drafting of a notice of ejectment:  Section 106: Duration of certain leases of immovable property

A show cause notice or notice of ejectment should be drafted carefully, taking into consideration all the relevant facts and legal provisions. The notice should be specific and unambiguous, clearly stating the reasons for issuing the notice and the consequences if the other party fails to comply with the notice. Here are some potential viva questions with answers that may be asked in relation to drafting a Notice of Ejectment through Advocate (106 TOPA) or in general: Q: What is a Notice of Ejectment through Advocate (106 TOPA)? A: A Notice of Ejectment through Advocate (106 TOPA) is a legal document sent by an advocate on behalf of their client to the tenant of a property, informing them of the landlord's intention to evict them. Q: What is the purpose of a Notice of Ejectment through Advocate (106 TOPA)? A: The purpose of a Notice of Ejectment through Advocate (106 TOPA) is to provide the tenant with notice of the landlord's intention to evict them and to comply with the legal requirements for initiating eviction proceedings. Q: What are the essential elements of a Notice of Ejectment through Advocate (106 TOPA)? A: The essential elements of a Notice of Ejectment through Advocate (106 TOPA) are:  Identification of the landlord and the tenant  Details of the property and the tenancy  Reason for eviction  Notice period  Any other relevant information or supporting documents Q: What is the procedure for sending a Notice of Ejectment through Advocate (106 TOPA)? A: The procedure for sending a Notice of Ejectment through Advocate (106 TOPA) may vary depending on the jurisdiction. Generally, the advocate must draft the notice on behalf of the landlord and send it to the tenant through registered post or courier, along with any required supporting documentation. Q: What is the purpose of the notice period in a Notice of Ejectment through Advocate (106 TOPA)? A: The purpose of the notice period is to give the tenant sufficient time to vacate the property and find alternative accommodation. The notice period may vary depending on the jurisdiction and the specific circumstances of the eviction. Q: What are the grounds for eviction under the law? A: The grounds for eviction may vary depending on the jurisdiction and the specific circumstances of the tenancy. Generally, the grounds for eviction may include non-payment of rent, breach of tenancy agreement, illegal activities on the property, and subletting without permission. Q: What happens if the tenant does not vacate the property after receiving the Notice of Ejectment through Advocate (106 TOPA)? A: If the tenant does not vacate the property after receiving the Notice of Ejectment through Advocate (106 TOPA), the landlord may initiate eviction proceedings in court. The court will hear arguments from both parties and make a decision based on the evidence presented. Q: What are the consequences of eviction for the tenant? A: The consequences of eviction for the tenant may include loss of their home, damage to their credit rating, and difficulty finding alternative

 Service contracts  Non-disclosure agreements (NDAs)

  1. What are some important clauses to include in a contract? Some important clauses to include in a contract are:  Description of the parties involved  Scope of work or deliverables  Payment terms and schedule  Termination clauses  Dispute resolution clauses  Confidentiality and non-disclosure clauses  Representations and warranties
  2. What should you consider when drafting a contract? When drafting a contract, you should consider:  The specific needs and requirements of the parties involved  The legal requirements and regulations in the relevant jurisdiction  The potential risks and liabilities involved  The potential for disputes or disagreements and how they can be resolved  The clarity and specificity of the language used in the contract
  3. Sale/Mortgage/Lease Deed: A sale deed is a legal document that transfers the ownership of a property from the seller to the buyer. A mortgage deed is a legal document that creates a security interest in a property to secure a loan. A lease deed is a legal document that creates a leasehold interest in a property. The following sections of the Transfer of Property Act, 1882, are related to the drafting of a sale/mortgage/lease deed:  Section 54: Sale  Section 58: Mortgage  Section 105: Lease of immovable property A sale/mortgage/lease deed should be drafted carefully, taking into consideration all the relevant details, such as the parties involved, the description of the property, the consideration, the terms and conditions, and the consequences of a breach of the deed. The language used Sure! Here are some possible viva questions and answers on drafting lease deeds:
  4. What is a lease deed?

A lease deed is a legal agreement between a landlord and tenant that grants the tenant the right to occupy a property for a specific period of time in exchange for rent.

  1. What are the essential elements of a lease deed? The essential elements of a lease deed are:  Identification of the parties involved (landlord and tenant)  Description of the property being leased  Duration of the lease  Rent amount and payment schedule  Security deposit and other fees  Maintenance and repair obligations  Use restrictions and permitted activities  Termination and renewal clauses
  2. What are some important clauses to include in a lease deed? Some important clauses to include in a lease deed are:  Rent escalation clause  Subleasing clause  Alteration and improvement clause  Renewal option clause  Default and remedies clause  Arbitration clause
  3. What are some considerations when drafting a lease deed? When drafting a lease deed, you should consider:  The specific needs and requirements of the landlord and tenant  The legal requirements and regulations in the relevant jurisdiction  The potential risks and liabilities involved  The potential for disputes or disagreements and how they can be resolved  The clarity and specificity of the language used in the lease deed
  4. What is the difference between a lease and a rental agreement? A lease is a binding agreement for a specific period of time, whereas a rental agreement is typically month-to-month and can be terminated with notice. A lease provides more security and stability for both the landlord and tenant, while a rental agreement provides more flexibility.