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Important Question for Practical Drafting of Pleading & Conveyancing

  1. What do you mean by Counter-Claim?
    Counter claim is a claim set-up against the plaintiff in the same suit,being based on a cause of action.
  2. What is Replication?
    The term replication does not find its place in CPC, however, through various judgements it is observed that in certain cases with the leave of the Court, Plaintiff has been permitted to file a reply to the written statement filed by the defendant, such a reply filed by the Plaintiff is termed as “replication” (Order VIII Rule.9 CPC).The Court can in its discretion call upon the plaintiff to file a written statement in answer to the pleadings of the defendant or call upon the defendant to file an additional written statement in answer to the claim of the plaintiff.
  3. What is set-off?
    Set off is a claim for debt or damages set up by the defendant against the plaintiff in reduction of his claim.
  4. What do you mean by F.I.R.?
    FIR is a written document prepared by the Police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time.
  5. What do you meant by Criminal complaint?
    Complaint is an allegation either oral or written made to a Magistrate with a view to his taking action and not merely with a view to give information.(Section 2(d) of CrPC 1973)
  6. Distinguish between complaint and F.I.R.?
    A complaint is an allegation made orally or in writing to a Magistrate. F.I.R. is given in writing or orally to a police officer.
  7. Distinguish between Inquiry and Investigation?
    1. Inquiry According to Sec.2(g) of CrP.C. – Inquiry means every inquiry, other than a trial, conducted under this code by a Magistrate or court.
    2. Investigation – According to Sec. 2(h) of Cr.P.C. 1973 Investigation includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.
  8. What do you meant by ‘Deed’?
    A legal document that is signed and delivered, especially one regarding the ownership of property or legal rights.
  9. What are essential elements of ‘Gift’?
    The essential elements of a gift are :-
    1. The absence of consideration
    2. The doner
    3. The done
    4. The subject matter
    5. The transfer and the acceptance.
  10. What do you meant by ‘Mortgage'?
    A mortgage is a way to use one’s real property, like land, a house or a building, as a guarantee for a loan to get money.
  11. Differences between “Mortgage” & ‘Pledge’?
    The security in Mortgaged is an immovable property, while in a pledge it is a movable property.
  12. What is your subject name?
    Drafting of pleading and Conveyancing
  13. Which is main preliminary Civil Court?
    District court
  14. Which article of the Indian Constitution deals with Superintendence of the High court?
    Article 227 of the Indian Constitution.
  15. How many kinds of writs are there?
    Five writs- Habeus Corpus, Mandamous, Certiorari, Prohibition and Quo-warranto.
  16. Under which article of the Indian Constitution writ petition is the S.C & H.C ?
    Article 32 and Article 226 of Indian Constitution.
  17. What do you mean by plaint and written statement?
    Plaint is the pleadings of plaintiff and written statement (pleadings of defendant) is the reply by defendant for the plaint.
  18. Who are the Plaintiff and Defendant?
    Person which files the plaint is the plaintiff and the person who gives plaint’s answer is defendant (written statement).
  19. What is the nature of civil suit?
    Civil suit means the suit relating to the right to property or right to post (Section 9 cpc).
  20. What is pleading?
    Pleading means plaint or written statement (Order VI cpc)
  21. Can you amend in pleading?
    Yes ( Order VI rule 17 C.P.C 1908)
  22. What do you mean by substantive law & Procedure law?
    Substantive law means the law determined the right and duties of the parties and procedural law means the law relating to the disposal of right and duties of the parties.
  23. What do mean by Conveyancing?
    Conveyancing means the transfer of ownership or interest in real property from one person to another by document, such as deed, sale and mortgage.
  24. Under what provision is a counterclaim preferred?
    Order VIII Rule 6A of Civil Procedure Code 1908.
  25. An application for revision under CPC is filed under?
    Section 115 CPC

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