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Posted Date: 11 Jun 2012 Posted By:: sudarshana Member Level: Gold Points: 5 (Rs. 1)
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2011 Question paper of ICSI, professional program, module 1, December (Paper 2) Question paper
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Drafting, Appearances and Pleadings
Time allowed: 3 hours Maximum marks: 100
Total number of questions: 8
NOTE: Answer SIX questions including Question No.1 which is compulsory.
1. (a) "All instruments are legal documents, but all legal documents are not instruments."
Critically evaluate with reference to leading cases.
(10 marks)
(b) Re-write the following sentences after filling-in the blank spaces with appropriate
word(s)/figure(s):
(i) __mortgage is preferred by the lenders/banks/creditors as well as by
the commercial enterprises because of its inherent advantages.
(ii) If the mortgagee advances further sums of money to the mortgagor on the same
security and on the same condition, the deed executed to secure the advance of
further sums of money is called deed of__ .
(iii) Registration and stamp duty is compulsory in case of mortgage value of Rs__
` and above.
(iv) Outsourcing is the contracting out of a companys non-core, non-revenue producing
activities to__.
(v) Delivery of tangible immovable property takes place when the seller places the
buyer, or such person as he directs,__ the property.
(1 mark each)
(c) "Compounding is a good way of settling disputes." Comment.
(5 marks)
2. (a) Explain the following:
(i) Fowlers five rules of drafting.
(ii) Legality of an arbitration agreement of the parties on the subject matter already
pending in the court.
(4 marks each)
(b) What are the general guidelines for drafting of notice for convening company meetings ?
(8 marks)
3. (a) "While drafting a dealership contract, care should be taken as to the legal nature and
the position of the parties thereunder." Elaborate.
(7 marks)
(b) State, with reasons in brief, whether the following statements are true or false:
(i) Documentation is just another name for drafting and/or conveyancing.
(ii) Testatum is the witnessing clause in a deed.
(iii) All foreign collaboration agreements shall be subject to the laws applicable to the
original collaborator party and not Indian laws even if the agreement is executed
in India.
(3 marks each)
4. Write notes on any four of the following:
(i) Rejoinder
(ii) Creation of trust in respect of immovable property
(iii) Del credere agency
(iv) Compounding of offences under FEMA
(v) Dress code.
(4 marks each)
5. (a) Draft a specimen of deed of sale by liquidator of a company in voluntary liquidation.
(10 marks)
(b) Briefly discuss the legal position as to duration of power of attorney with reference to
case law on the subject.
(6 marks)
6. (a) For a proposed Smart Footwear (P) Ltd., its promoters Abhinav, Bharat and Chirag had
executed a contract with New Okhla Industrial Development Authority (NOIDA), U.P.
on 30th June, 2011 for purchasing an industrial plot in Sector - 1, NOIDA. The proposal
was to float Smart Footwear (P) Ltd. for manufacturing footwear in the factory to be
built on the said plot. Subsequently, the company was incorporated and registered with
Registrar of Companies on 15th October, 2011. It decided to adopt the promoters
contract for buying the industrial plot from NOIDA. Draft a deed of novation of
promoters contract.
(8 marks)
(b) What is meant by pleadings? What is the objective behind formulating the rules of
Pleadings? Explain the fundamental rules of pleadings.
(8 marks)
7. (a) While drafting written statements, certain important considerations must be borne in mind.
Identify at least ten requirements with reference to law on the subject.
(10 marks)
(b) Distinguish between the following:
(i) Conveyance and contract.
(ii) Counter guarantee and performance guarantee.
(3 marks each)
8. (a) Examine and comment on the following:
(i) Special leave petitions under Article 134A and under Article 136 of the
Constitution of India are similar in formats and same in essence.
(ii) A civil suit for removal of director for malfeasance is maintainable if the articles
of association provide for civil suit instead of the Companies Act, 1956 provisions.
(3 marks each)
(b) What do you mean by ––
(i) Inclusive deed
(ii) Latent deed
(iii) Pretended deed
(iv) Voluntary deed
(v) Warranty deed?
(2 marks each)
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