Outsourcing Agreement - Drafting, Appearances and Pleadings - Exam, Exams of Law

Download Outsourcing Agreement - Drafting, Appearances and Pleadings - Exam and more Exams Law in PDF only on Docsity! 372 Drafting, Appearances and Pleadings ROU NO. eccseecereteseeee Time allowed : 3 hours Maximum marks ; 100 Total number of questions ; & Total number of printed pages : 3 NOTE : Answer SIX questions including Question No.1] which is compulsory. 1. (a) In India, there is no law on conveyancing or interprelation of documents. Explain how disputed ambiguous formal deeds can be judicially decided then. {8 marks) (b) What is meant by ‘outsourcing’ ? Draft a specimen of an outsourcing agreement. (7 marks} (c) Re-write the following sentences after filling-in the blank spaces .with appropriate word(s)/Afigure(s) : (i) In the case where the mortgagor without delivering possession of the mortgaged property binds himself personally to pay the mortgaged money, and agrees expressly or impliedly that if he fails to pay the debt and interest in terms of the mortgage deed, the property will be sold and the proceeds applied in payment of the mortgaged money, such a mortgage is called Gi) Equitable mortgage is by the lenders/banks/creditors as well as the commercial enterprises because of the inherent advantages. Gi) The term ‘deed’ normally refers to al] the instruments by which two or more persons agree to effect any or (iv) The general requisites of an arbitration award must be consistent with the submission, certain, fair to the parties, and its implementation must he possible. (vy) The general rule, with reference lo Mrs, Om Prabha Jain vs. Abnash Chand Jain, AIR 1968 SC 1083, is. that no pleadings, no (Lo mark each} 1/2011/DAP / P.T.O. 372/1 372 iS) 2. (a) Explain the following : {i} Force majeure (i) Debenture trust deeds. (4 marks each) (b) Discuss how section 8 of the Transfer of Property Act, 1882 regarding opcration of transfer has simplified ‘parcels clause’ in a deed. (8 marks) 3. (a) ‘In what respect, if any, pleadings in the memorandum of appeals under sections 96 to 99, Order XLI, sections 100 to 103, 104 to 106, Order XLIH, Rules 1 and 2 and Appeals to Supreme Court under the Code of Civil Procedure, 1908, differ from the pleadings in appeals under Articles 132(1), 133 and 134 of the Constitution of India ? (6 marks) {b) State, with reasons in brief, whether the following statements are true or false : Gi) Drafting is first thinking and second composing. Gi) Registration of partnership means registration under the Income-tax Act, 1961. Gil), In practice, ‘applications’ and ‘petitions’ are interchangeable terms. ° (iy) A right of appeal is not a natural or inherent right but a creature of the statute. (v) Dress code prescribed by the Institute of Company Secretarics of India for its members appearing before Tribunals is a bunch of guidelines only. {2 marks each) 4. Write notes on any four of the following : (i) Underwriting contracts Gi) Compounding of offences under the Companies Act, 1956 @ii) = Rejoinder dv) Art of pleadings (v) Rule of adverse inference. (4 marks each) 5. (a) Draft a specimen deed of guarantee to be provided by a bank on behalf of its client company for the execution of a contract in favour of State government. (10 marks} (b) In the light of case law on the subject, distinguish in what respects should a lease deed be different from leave and license. agreement. (6 marks) 1/201 1/DAP Contd |...