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Free of Cost ISBN : 978-93-5034-600-6

SolvedScanner Appendix

CS Professional Programme Module - I

(Solution upto June - 2013 & Questions of Dec - 2013 included)

Paper - 2 : Drafting Appearances and Pleadings

Chapter- 2: General Principles of Drafting-II

2013 - June [2] (a) (i)

Parcels Clause: This is a technical expression meaning methodical description of the

property. It is necessary that in case of non-testamentary document containing a map

or plan of the property shall not be accepted unless it is accompanied by the True Copy.

Usually the Parcel Clause starts with the words “All Those.......................... and further

or description covers as per the type of property subjected to transfer under the deed.

This clause includes words such as : Messuages, Tenements, Hereditaments, Land,

Water etc. But use of these words has been rendered unnecessary in view of Section

8 of Transfer of Property Act, 1882. This section has cut down the length of the deeds

and done away with description of minute details of the incidents of the property

intended to be conveyed.

2013 - June [8] (b)

Please refer 2009 June [5] (b) of page no. 26

Chapter- 3: Drafting of Agreements

2013 - June [4] (v)

Please refer 2009 - Dec [4] (a) on page no. 53

2013 - June [8] (a)

Please refer 2007 - June [7] (a) on page no. 45

Chapter- 5: Drafting of Various Deeds-II

2013 - June [3] (a)

Please refer 2008 - June [7] (b) on page no. 135

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 2

2013 - June [5] (a)

A Specimen of Deed of Assignment of Shares in a Company

(On stamp paper of appropriate value)

THIS ASSIGNMENT is made this 25th day of June 2013 between Shri Rajan, son

of Shri Mohan, resident of .................................. (hereinafter called “the Assignor”) of the

one part, and Shri Yash, son of Shri Raja, resident of .................................... (hereinafter

called “the Assignee”) of the other part.

THE DEED WITNESSES:

That in consideration of the sum of ` 50,000 (Rupees Fifty Thousand only) paid by

the Assignee to the Assignor, the receipt whereof the Assignor hereby acknowledges,

the said Assignor hereby assigns, sells and transfers to the said Assignee 1000 Equity

Shares of ` 1,000 each, fully paid up, bearing consecutive Nos....................................

to ........................ (inclusive), which stand in the name of the Assignor in the Register

of members of Ultra Infotech Ltd. TO HOLD the same to the Assignee absolutely,

subject nevertheless to the conditions on which the Assignor held the same up to date.

AND the Assignee hereby agrees to take the said Equity Shares subject to such

conditions.

The Assignor and the Assignee shall execute such further documents or may be

required to complete the transaction.

IN WITNESS WHEREOF the Assignor and the Assignee do hereto affix their

respective signatures on the day, month and the year stated above.

Witness : 1 Assignor

Witness : 2 Assignee

2013 - June [6] (a)

Partnership under the Indian Partnership Act, 1932 is the relation between two or more

persons who have agreed to share the profits of a business carried on by all or any of

them acting for all,

Deed of Partnership between two Partners

(To be executed on ` 15/- Non Judicial Stamp Paper)

THIS INDENTURE OF PARTNERSHIP IS MADE ON the ............ day of ............... 2007

Between A.B. ................ S/o ..................R/o .................. aged ................. (hereinafter

called the ‘First Party’) AND C.D. .................. aged ................... years, son of ................

resident of .................. (hereinafter called the ‘Second Party’).

WHEREAS the parties hereto have agreed to commence business in partnership

and it is expedient to have a written instrument of partnership.

WHEREAS the parties hereto have mutually agreed to carry on the business of

.................. (here describe the business) at .................... (here specify the place or the

principal place of business) and to share the profits and losses of the said business in

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 3

partnership between themselves and they have with that object constituted themselves

into a firm of partners under the name and style of M/s .................. (here give the name

of the firm).

The terms and conditions agreed to by and between the parties hereto witnesses :

1. The duration of the firm shall be, to begin with, a period of ................ years or such

further or lesser period as the parties may choose to mutually agree.

2. The capital of the firm for the time being is fixed at ` ............ (Rupees ...................)

only which has been contributed by the partners as follows namely :

First Party ................

Second Party ......................

(In case minor is admitted to the benefits of the partnership the capital contributed

by him, if any) Provided that the partners may by mutual agreement increase or

decrease the capital and their respective contributions thereto. The partners by

mutual consent may raise capital by way of loans if considered expedient.

3. The partners shall distribute the net profits and bear the losses in the following

ratios :

First Party ........................

Second Party ............................

4. The partner, shall be entitled to withdraw out of the profits, money not exceeding

` ..................... in each month adjustable against the account of the respective

partners at the time of annual accounting.

5. The First party shall make available to the firm the shop premises in which the

business of the firm shall be carried on, situated at ....................... and which shop

or premises is in his occupation as a tenant from month to month paying a monthly

rent of ̀ ..................... to Shri ................... and shall hereafter hold the said shop or

premises in trust for the partnership for which rent shall be paid out of the

partnership from the date mentioned in para 1 above.

6. The said rent, and all taxes, duties, repairs and outgoings in respect of the said

shops or premises or other place or places of business of the partnership shall be

paid out of the partnership.

7. No apprentice, clerk or servant shall be employed or dismissed without the consent

of all the partners.

8. The firm shall regularly maintain in the ordinary course of business a true and

correct account of all its incoming and outgoings and also all its assets and

liabilities in proper books of accounts which shall ordinarily be kept at the firm’s

place of business.

9. Immediately after each ................. day of .................. in every year, the partners

shall take an account and valuation of the effect, credits and liabilities or the

partnership. Such accounts and valuations shall after mutual examination be drawn

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 4

up in duplicate and signed by the partners, we shall each retain a copy. The entries

in such signed accounts shall be final and binding between the parties. The profits

or loss, as the case may be, shall be divided as aforesaid, after the signing of such

account.

10. The authority of the partners, individually shall be limited to the following :

(a) No partner shall individually purchase goods for the partnership without

consulting the other and obtaining his consent for purchases of the value

exceeding ` .......................

(b) No partner shall singly bind the partnership by taking any loan or raising any

money whether with or without security to the extent of more than

` .....................

(c) No partner shall commit the partnership without obtaining the written consent

of the other, to any undertaking which involves the partnership financially to

the extent of more than ` ....................

(d) All law suits shall be filed and defended by the partnership by the partners

acting jointly in all cases which involve the partnership financially to the extent

of more than ` .......................

11. The partnership shall be deemed to be continuing on the admission of a fresh

partner or partners, provided the admission is on the terms herein laid down and

is approved by all the partners.

12. Every partner shall be entitled to dissolve the partnership in the event of the other

committing breach of the conditions herein covenanted. The partnership may be

dissolved by a notice in writing sent by registered post to the address herein given

or such address as may be registered from time to time with the Registrar of Firms.

On the dissolution of the firm under this clause the expelled partners shall not be

liable for any loss incurred as from the date of dissolution. But no Profit or loss shall

be paid or become payable except at the time of annual accounting.

13. On the bankruptcy of any partner or on notice being given to either partner under

clause 12 above or on the death and there being no major legal representative

willing or capable to take the place of the deceased partner the partnership shall

terminate. The share of such partner may be purchased by the remaining

partner(s) at a valuation to be made by arbitrators or their umpire as hereinafter

mentioned. The price shall be paid in 3 equal six monthly instalments. The tenancy

right of the first party shall be valued at ................... years’ rental.

14. Upon the determination of the partnership by afflux of time, or upon its

determination by any other partner then, as soon as convenient, a full and general

account of valuation shall be taken of the property and assets and liabilities of the

partnership and the property and the assets put to sale and the debts realised and

the creditors paid. The net proceeds in cash shall be equally divided between the

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 5

then partners or the partners and the legal representative or representatives of the

deceased partner; PROVIDED always, that if the proceeds are less than the

liabilities the loss shall be made good in equal shares by the then partner, or the

legal representative or representatives of any deceased partner.

15. If at any time any dispute, doubt or question shall arise between the partners, or

their representatives either on the construction of these presents, or respecting the

accounts, transaction, profits or losses of the business or otherwise in the relation

to the partnership then every such dispute, doubt or question shall be referred to

arbitrators chosen by each of the partners and the representatives of their umpire

to be appointed in the manner provided by law and such reference shall in all

respect, as to the mode and consequence thereof conform to the provisions in that

behalf contained in the Arbitration and Conciliation Act, 1996 or any statutory

modification thereof.

IN WITNESS WHEREOF the said A.B. and C.D. have hereto at ........................ signed

the day and the year first above mentioned.

WITNESS :

Sd/- A.B.

Sd/- C.D.

Note : There may be more than two partners in a firm. In that case, the number of

parties may be accordingly increased in the first para of the partnership deed and the

said para may be drafted as given below :

“THIS DEED OF PARTNERSHIP is made the ........................day of .........................

2007 Between A.B., aged ......................... etc. (hereinafter called the “First Party”) AND

C.D., aged .............. etc.

(hereinafter called the “Second Party”) of the second part AND E.F. aged ............... etc.

(hereinafter called the “Third Party”) of the Third Part.

Thereafter, the terms and conditions as mentioned in the above Model Form, with

suitable modifications, should be given.

2013 - June [8] (c)

Special Power-of-Attorney filed with the Registrar of Companies at the time of

incorporation of a Company

Shri.............................., Secretary, is hereby authorized to represent us before the

Registrar of Companies in connection with the incorporation of our Company under the

name of .................... He is authorised to make any modification, alteration, correction,

additions, in the Memorandum and Articles of Association and other documents filed

with the Registrar of Companies for the registration of the Company. He is also

authorised to collect the certificate of incorporation.

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Station:

Date: Directors

Accepted.

S/o

Secretary

Chapter- 6: Drafting of Agreements under Companies Act

2013 - June [3] (b)

Reconstruction

“Reconstruction” has not been defined in the Companies Act, 1956. A reconstruction

normally entails the transfer of an undertaking to another company, consisting

substantially of the same shareholders with a view to its being continued by the

transferee company, and usually resorted to for achieving one or more of the following

objects:

(a) For the purpose of raising fresh capital by issuing partly paid shares in the new

company in exchange for fully shares in the old company, and calling up the

balance on new shares as and when required;

(b) For extending the company’s objects otherwise than under Section 17;

(c) For reorganising or rearranging the capital structure and the rights of members as

between themselves.

2013 - June [4] (i)

Please refer 2009 - June [6] (i) on page no. 161

Chapter- 7: Appearances & Pleadings-I

2013 - June [1] {C} (b)

Appellate Authorities under the Telecom Regulatory Authority of India Act, 1997

Appeal to the Supreme Court

Section 18 of the Telecom Regulatory Authority of India (TRAI) Act, 1957 provides

that notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any

other law, an appeal shall lie against any order, not being an interiocutory order, of the

Appellate Tribunal to the Supreme Court on one or more of the grounds specified in

Section 100 of that Code.

No appeal shall lie against any decision or order made by the Appellate Tribunal

with the consent of the parties. Every appeal under this section shall be preferred within

a period of ninety days from the date of the decision or order appealed against.

The Supreme Court may however entertain the appeal after the expiry of the said

period of ninety days, if it is satisfied that the appellant was prevented by sufficient

cause from preferring the appeal in time.

Appellate Authorities under the Securities and Exchange Board of India Act, 1992

Appeal to the Securities Appellate Tribunal (SAT)

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 7

Section 15T of the SEBI Act lays down that any person aggrieved:

(1) (a) by an order of SEBI made, under this Act, or the rules or regulations made

thereunder; or

(b) by an order made by an adjudicating officer under this Act;

may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in

the matter.

(2) No appeal shall lie to the Securities Appellate Tribunals from an order made

(a) by SEBI;

(b) by an Adjudicating Officer, with the consent of the parties.

(3) Every appeal shall be filed within a period of 45 days from the date on which a

copy of the order made by SEBI or the Adjudicating Officer is received by him. The

Securities Appellate Tribunal may entertain an appeal after the expiry of the said

period of 45 days if it is satisfied that there was sufficient cause for not filing it

within that period.

(4) On receipt of an appeal, the Securities Appellate Tribunal may, after giving the

parties to the appeal, an opportunity of being heard pass such orders thereon as

it thinks fit, confirming, modifying or setting aside the order appealed against.

Appeal to Supreme Court

Section 15Z lays down that any person aggrieved by any decision or order of the

Securities Appellate Tribunal may file an appeal to the Supreme Court within 60 days

from the date or communication of the decision or order of the Securities Appellate

Tribunal to him on any question of law arising out of such order.

The Supreme Court may, if it is satisfied that the applicant was prevented by

sufficient cause from filing the appeal within the said period, allow it to be filed within a

further period not exceeding 60 days.

2013 - June [2] (a) (ii)

Please refer 2010 - Dec [2] (a) on page no. 182

2013 - June [4] (ii), (iii), (iv)

(ii) Written Statement

It is incumbent on the defendant to file his defence in writing. If the defendant

fails to file written statement, the court may pronounce judgement against him

or may under O. 8, R. 10, make such order in relation to the suit as it deems fit.

If the defendant has omitted to avail of his right to file a written statement at or

before the first hearing, the court can extend the time for filing it, in exercise of

its discretion, if the circumstances so warrant. The rule has to be worked in a

manner so as to advance justice (Mehar Chand v. Suraj Bhan, AIR 1971 Punj

& Haryana 435).

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 8

(iii) Please refer 2010 - June [4] (b) (i) on page no. 173 and 2011 - June [4] (v) on

page no. 174

(iv) Please refer 2011 - Dec [6] (b) on page no. 183

2013 - June [7] (b) (i)

Plaint & Miscellaneous Application in Cvil Courts

‘Plaint’ has not been formally defined in section 2 of Code of Civil Procedure but from

Order VI & VII, it is clear that it is a concise statement with affidavit of material facts on

which claim is founded. Its language and form are technical and duty regulated. It is also

an old law as most of the plaints pertain to enforcement of civil rights whether spelled

in statutes or by legal case law.

Miscellaneous Civil Applications (MCAs) on the contrary, are formal requests to Court

for specified reliefs/orders based on facts and circumstances mentioned therein.

Instances are adjournment applications for appearances without Power of

Attorney/Vakalatnama, in case of Standing Counsels of Government etc., or for

inspection of Vakalatnama record etc.

Chapter- 8: Appearances & Pleadings-II

2013 - June [1] {C} (a)

Joy may prefer an appeal to the Supreme court on the following grounds:

1. That the High Court has misconstrued the nature of the allegation made in the

complaint and it has wrongly held that the said complaint and the material on

record prima facie disclose that Joy (the Appellant) is wrongfully withholding the

property of the complainant company and thus liable under section 630 of the

Companies Act, 1956.

2. That the dispute between the parties is of a civil nature.

3. That the Employer Co. was not the lessee of the flat, and except for the permission

granted by ABC Consultants (P) Ltd. to it and Joy (the Appellant), it has no right,

title or interest in that flat.

In the above case are similar to Jagdish Chandra Nijhawan v. S. K. Saraf, (1999)1

SCC 119. In this case the Supreme Court upheld the contention of the Appellant

and observed that the High Court did not appreciate the material aspects of the

case properly. The Apex Court set aside the order passed by the High Court and

restored the discharge order passed by the Judicial Magistrate.

2013 - June [2] (b)

Please refer 2007 - June [8] (b) on page no. 199

2013 - June [7] (b) (ii)

Special Civil Application and Special Criminal Application

Special Civil Application (SCA) is another name for a Writ Petition, i.e. Petition for

issuing prerogative writs of mandamus etc., for enforcement of fundamental rights or for

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 9

any other purpose under Article 226 of the Constitution of India (only for High Courts).

In fact the SCA is a technically couched and framed civil application for enforcement of

fundamental rights, but not well defined statutory legal rights. SCA is a popular term for

Writ Petitions in Bombay High Court and other Southern State High Courts. In Delhi, the

term Writ Petition (WP) (Civil) is used.

Special Criminal Application, on the other hand is a Criminal Application (Cr. A) for

relief/orders to be obtained from the Court in criminal matters. A popular example is

Special Criminal Application for grant of bail/anticipatory bail in case of refusal by lower

criminal court. The Special Criminal Application is primarily directed for enforcement of

fundamental rights under article 14 and 21 of the Constitution, which is criminal in

nature (i.e., punishment and fine are involved).

Chapter- 9: Appearances & Pleadings-III

2013 - June [7] (a)

Please refer 2009 - Dec [8] (a) (i) on page no. 210

Chapter- 11: Objective Questions

2013 - June [1] {C} (c)

(i) If a power of attorney is executed in a foreign country, it should be stamped

within three months of its being received in India. If not so done, it will be

deemed to be unstamped and cannot be acted upon.

(ii) While the principal should not be a minor, an agent could be a minor.

(iii) Consideration is not necessary for an agency contract.

(iv) Hypothecation is an extended form of pledge.

(v) Conveyancing is the art of drafting of deeds and documents whereby land or

interest in immovable property is transferred by one person to another.

2013 - June [3] (c)

(i) False : As per Section 7 of the Indian Trusts Act, 1882 a corporate body can

create a trust.

(ii) False : Powers of attorney are executed in the form of Deed Poll, generally

drawn in the first person. It is unilateral document.

(iii) True : In this case the Supreme Court held that if the document creates an

interest in the immovable property entitling the transferee to enjoyment then it is

a lease; if permission to use land without exclusive possession is granted, a

license is the legal result.

(iv) True : Section 127 of the Indian Contract Act, 1872 defines consideration for

guarantee as “Anything done, or any promise made, for the benefit of the

principal debtor may be a sufficient consideration to the surety for giving the

guarantee”.

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 10

2013 - June [5] (b)

(i) Pledge (b) Indian Contract Act, 1872

(ii) Licence (c) Indian Easements Act, 1882

(iii) Sale of Immovables (f) Transfer of Property Act, 1882

(iv) Beneficial Interest (a) Indian Trusts Act, 1882

(v) Dispute Resolution (d) Arbitration & Conciliation Act, 1996

(vi) Arrangement (h) Companies Act, 1956

(vii) consent Order (e) Securities and Exchange Board of India Act, 1992

(viii) Pleadings (g) Code of Civil Procedure, 1908

2013 - June [6] (b)

(i) (e) Plea of facts All other words at (a) to (d) are merely objectives in point of

law, while plea of facts, if true, help pleadings. Merely alleging that certain

acts are unlawful or improper is not sufficient unless these facts are alleged

from which the plaintiff draws inference that the act was unlawful or

improper.

(ii) (e) Allegations Words at (a) to (d) are merely to express an unlawful act but

allegations are in nature of complaint (plaint) in the pleadings.

(iii) (e) Consideration Words (a) to (d) are special defences showing illegality that

could be relied upon by the defendant in his written statement. Consideration

is not in the category of defences, hence not relevant.

Question Paper of Dec - 2013

Chapter- 1: General Principles of Drafting-I

2013 - Dec [5] (a) “Drafting may be defined as the synthesis of law and fact in a

language form.” Explain. (8 marks)

2013 - Dec [7] (b) Distinguish between the following:

(i) ‘Legal document’ and ‘instrument’. (3 marks)

Chapter- 2: General Principles of Drafting-II

2013 - Dec [4] Write notes on the following:

(i) Habendum and reddendum (4 marks)

Chapter-3: Drafting of Agreements

2013 - Dec [6] (a) Briefly list the guidelines for entering into foreign collaboration

agreements. (10 marks)

(b) What are the essential elements of a dealership contract to be kept in mind while

drafting it? (6 marks)

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 11

Chapter- 4: Drafting of Various Deeds-I

2013 - Dec [3] (a) Draft a specimen deed of usufructuary mortgage. (8 marks)

2013 - Dec [8] (b) Draft a deed of sale of joint family property for legal necessity by

Manager (Karta) of a Hindu Mitakshara Undivided Family. (8 marks)

Chapter- 5: Drafting of Various Deeds-II

2013 - Dec [2] (b) Explain and comment on the following:

(i) Patent refers to the right granted under the Patents Act, 1970 to the grantee

providing exclusive privileges of making or selling his invention, innovation or

process; so it has little value in pleadings. (3 marks)

2013 - Dec [4] Write notes on the following:

(iv) Irrevocable power of attorney

(v) Debenture trust deed. (4 marks each)

Chapter- 6: Drafting of Agreements under Companies Act

2013 - Dec [7] (a) Discuss the general guidelines to be followed while issuing notice for

a general meeting of ABC Ltd. (10 marks)

Chapter- 7: Appearances & Pleadings-I

2013 - Dec [4] Write notes on the following:

(ii) Factors/considerations that a Judge looks for in the pleadings of parties in the

cause

(iii) Arguments on merits (4 marks each)

Chapter- 8: Appearances & Pleadings-II

2013 - Dec [1] {C} The plaintiff, ABC, had entered into a contract with Mass Global

Investment Co. (MGI), defendant No. 1, for the execution of a turnkey project in Jordan.

Three bank guarantees (BGs) issued by XYZ Bank, defendant No. 2 were furnished by

plaintiff. During the execution of the contract, disputes arose between the parties as to

the completion of the project. MGI threatened to encash the BGs. ABC filed a suit

against MGI and moved an injunction application (IA) restraining MGI from encashing

the BGs, pleading breach of faith, failure of consideration, lack of bona fides, fraud of

defendants, etc., in the original contract.

After due hearings, the court dismissed the IA, holding that defendant is restrainable

only if the plaintiff succeeds in establishing that:

(a) It has a prima facie cause;

(b) It will suffer irreparable injury if injunction is not granted; and

(c) Balance of convenience is in its favour.

The learned Judge also held that “it is well settled that the bank guarantee is an

independent contract, the invocation of which, especially if it is unconditional guarantee,

ought not and cannot be stayed by Court except in case of fraud and irretrievable

injury.”

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 12

The Plaintiff, ABC, being an aggrieved party intends to appeal in the High Court against

the dismissal order on following main grounds:

(i) The bank guarantee is consequential and collateral to the main contract of

execution of turnkey project. As per clause XX in both the contract agreements,

it was specifically recorded; and also that the guarantee is conditionally valid

only against intentional or unreasonable, legal and practical defaults. Vis major,

Act of God, etc., are excluded. In this case, the default and dispute arose due to

internal commotion in Jordan that caused frustration of contract. Hence, plaintiff

is not liable.

(ii) Plaintiff suffers irreparable loss of goodwill for no fault on its part. This causes

balance of convenience in its favour too.

Draft an appeal from order of trial Judge keeping principles of drafting in view. Assume

supplementary data, if necessary. (20 marks)

2013 - Dec [7] (b) Distinguish between the following:

(ii) ‘Writ of certiorari’ and ‘writ of prohibition’. (3 marks)

2013 - Dec [8] (a) Define ‘appeal’. Discuss various kinds of appeal provided under the

Code of Civil Procedure, 1908. (8 marks)

Chapter- 9: Appearances & Pleadings-III

2013 - Dec [2] (b) Explain and comment on the following:

(ii) Etiquette is the art of behaving in front of others. (3 marks)

Chapter- 11: Objective Questions

2013 - Dec [2] (a) Re-write the following sentences after filling-in the blank spaces with

appropriate word(s)/figure(s):

(i) Where neither the ownership nor the possession is transferred to the

__________, it is called in English law as __________.

(ii) “Agency coupled with interest cannot be terminated without the consent of the

other party”, is the underlying principle behind an __________ as per section

__________ of the Indian Contract Act, 1872.

(iii) Evidence as defined under section 3 of the Indian Evidence Act, 1872 means

and includes all documents including __________ produced for the inspection

of the court; such documents are called __________. (2 marks each)

2013 - Dec [2] (c) Select the odd term out and briefly justify your answer:

(i) (a) promoter’s contract; (b) underwriting contract; (c) brokerage agreement;

(d) agreement for amalgamation.

(ii) (a) petitioner; (b) plaintiff; (c) counter; (d) respondent. (2 marks each)

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 13

2013 - Dec [3] (b) State, with reasons in brief, whether the following statements are true

or false:

(i) All licences are revocable at the sweet will of the licensor.

(ii) A simple deed of license need not be registered.

(iii) A partnership-at-will can be dissolved by a plain notice in writing to this effect.

(iv) A trust deed must contain the purpose of the trust, names of trustees and

beneficiaries only. No other details are necessary. (2 marks each)

2013 - Dec [5] (b) Match the following:

(i) Special leave to appeal before the

Supreme court

(a) Section 320 of the Code of Criminal

Procedure, 1973

(ii) Compounding of offences under the

Indian Penal Code, 1860

(b) Section 115 and 114 of the Code of

Civil Procedure, 1908

(iii) Revision and review applications

before the High Court

(c) Article 32 of the Constitution of India

(iv) Wr i t s f o r e nf or c em e nt o f

fundamental rights by the Supreme

Court.

(d) Article 136 of the Constitution of

India.

(2 marks each)

Shuchita Prakashan (P) Ltd.25/19, L.I.C. Colony, Tagore Town,

Allahabad - 211002Visit us : www.shuchita.com

Solved Scanner Appendix CS Professional Programme Module - I Paper 2 14

FOR NOTES

ICSI Drafting Appearances and PleadingsSolved Question Paper Dec 2013

Publisher : Shuchita Prakashan Author :

Type the URL : http://www.kopykitab.com/product/3104

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