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Components of a Deed - Drafting, Appearances and Pleadings - Exam, Exams of Law

These are the notes of Exam of Drafting, Appearances and Pleadings . Key important points are: Law on Conveyancing, Interpretation of Documents, Ambiguous Formal Deeds, Outsourcing Agreement, Incapable of Application, Immovable Property, Execution by Attorneys

Typology: Exams

2012/2013

Uploaded on 02/08/2013

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Download Components of a Deed - Drafting, Appearances and Pleadings - Exam and more Exams Law in PDF only on Docsity! 2/2009/DAP (NS) P. T. O. : 1 : 372 Roll No.......................... Time allowed : 3 hours Maximum marks : 100 Total number of questions : 8 Total number of printed pages : 4 NOTE : Answer SIX questions including Question No.1 which is compulsory. 1. Attempt any four of the following : (a) Anand sells a property to Karan. After completion of the conveyance, Karan discovers that under a decree for partition, a portion of the property had been allotted to Chandan and Anand’s omission to disclose the decree is fraudulent. Discuss the rights and course of action available to Karan. (5 marks) (b) Define ‘deed’. What are the components of a deed in general ? (5 marks) (c) Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) : (i) _____________, in legal sense, means an act of preparing legal documents. (ii) _____________ are those deeds in which there are two or more parties. (iii) _____________ is a special type of agency, which combines agency with guarantee. (iv) _____________ is a method of acquiring the right to use equipment or real property for consideration. (v) Pleadings filed by a defendant/respondent in answer to the claim set-out by the plaintiff/petitioner in the form of affidavit and/or supported by an affidavit are referred to as _____________. (1 mark each) (d) State, with reasons in brief, whether the following statements are true or false : (i) ‘Drafting’ and ‘conveyancing’ provide the same meaning although these terms are not inter-changeable. (ii) Consideration is very important in a document and must be expressed. But, non-mention of consideration does not invalidate the document. (iii) Agreements not relating to immovable property and agreements not creating an interest in immovable property are not compulsorily registrable. (iv) “I promise to pay Balram Rs.2,000 and all other sums which shall be due to him” is a promissory note. (v) A private trust will fail, if the object is uncertain or incapable of application. (1 mark each) : 2 : 2/2009/DAP (NS) Contd... 372 (e) Choose the most appropriate answer from the given options in respect of the following : (i) If a power of attorney is executed in favour of more than one person and is silent on the mode of execution by attorneys, the attorneys will be entitled to act only — (a) Jointly (b) Severally (c) Both (a) and (b) (d) None of the above. (ii) The notices issued by a company under the Companies Act, 1956 may be — (a) Contingent (b) Conditional (c) Both (a) and (b) (d) None of the above. (iii) The Code of Civil Procedure, 1908 prescribes that dates, sums and numbers expressed in pleading shall be in — (a) Figures (b) Words (c) Both (a) and (b) (d) None of the above. (iv) The writ that is available to any person, whenever any body of persons having legal authority to determine questions affecting rights of subjects and having the duty to act judicially acts in excess of its legal jurisdiction, is — (a) Mandamus (b) Certiorari (c) Both (a) and (b) (d) None of the above. (v) The power of registered proprietor of a trade mark to assign his rights in the trade mark is dealt under section 37 of — (a) The Copyright Act, 1957 (b) The Trade Marks Act, 1999 (c) The Trade and Merchandise Marks Act, 1958 (d) None of the above. (1 mark each)
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