Unit 2 of Drafting, Pleading and Conveyancing – I (syllabus: Module II — public notice, adjournment application in criminal matters, vakalatnamas for the High Court and the city civil or district court, and notice and application under the Domestic Violence Act). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is a public notice, and when does the law require one rather than merely permit it?
- Why does a purchaser's advocate publish a notice inviting claims before a sale?
- On what terms may a criminal court adjourn a case, and how is the application drafted?
- Which grounds for adjournment will not work, and how does the civil rule compare?
- What is a vakalatnama, and how long does the appointment last?
- How does a High Court vakalatnama differ from one for the City Civil or District Court?
- What must be pleaded before the Domestic Violence Act applies at all?
- How is an application under the Domestic Violence Act structured, and how are the reliefs prayed for?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Indian Partnership Act 1932, s. ss. 45(1) and 72, with ss. 30(5) and 63
- Bharatiya Nagarik Suraksha Sanhita 2023, s. s. 346, with s. 531
- Bharatiya Nagarik Suraksha Sanhita 2023, s. s. 346(2) provisos and s. 228, compared with CPC O. XVII
- Code of Civil Procedure 1908, s. O. III r. 4, with Advocates' Welfare Fund Act 2001 s. 2(u)
- Advocates' Welfare Fund Act 2001, s. s. 27, with CPC O. III r. 4
- Protection of Women from Domestic Violence Act 2005, s. ss. 2(a), 2(f), 2(q), 2(s), 3 and 17
- Protection of Women from Domestic Violence Act 2005, s. s. 12, with ss. 18 to 23, 26(3) and 27