The document is a practice exam for drafting pleadings and appearances. It contains 6 questions testing knowledge of concepts related to the legal system in India such as the roles and responsibilities of the Telecom Regulatory Authority of India, rules for negative covenants in contracts, types of appeals and revisions under the Code of Civil Procedure, rules for affidavits and pleadings, and concepts like writ petitions, habeas corpus, and representative suits. The exam is 3 hours long and worth a total of 100 marks.
The document is a practice exam for drafting pleadings and appearances. It contains 6 questions testing knowledge of concepts related to the legal system in India such as the roles and responsibilities of the Telecom Regulatory Authority of India, rules for negative covenants in contracts, types of appeals and revisions under the Code of Civil Procedure, rules for affidavits and pleadings, and concepts like writ petitions, habeas corpus, and representative suits. The exam is 3 hours long and worth a total of 100 marks.
The document is a practice exam for drafting pleadings and appearances. It contains 6 questions testing knowledge of concepts related to the legal system in India such as the roles and responsibilities of the Telecom Regulatory Authority of India, rules for negative covenants in contracts, types of appeals and revisions under the Code of Civil Procedure, rules for affidavits and pleadings, and concepts like writ petitions, habeas corpus, and representative suits. The exam is 3 hours long and worth a total of 100 marks.
The document is a practice exam for drafting pleadings and appearances. It contains 6 questions testing knowledge of concepts related to the legal system in India such as the roles and responsibilities of the Telecom Regulatory Authority of India, rules for negative covenants in contracts, types of appeals and revisions under the Code of Civil Procedure, rules for affidavits and pleadings, and concepts like writ petitions, habeas corpus, and representative suits. The exam is 3 hours long and worth a total of 100 marks.
THE ALL INDIA TEST SERIES FOR STUDENTS OF CA/CS/CWA Visit us at www.eduex.in
Drafting Appearances and Pleadings
Answer all questions S2T4P8 (Time: 3Hrs.) (Full Marks:100)
Question1. (7+3marks) (a) Write a short note on functions and responsibilities of Telecom Regulatory Authority of India (TRAI). (b) Define : ‘Rejoinder’.
Question2. (12marks) Modern Bottling Co. Ltd. (MBCL) and Jeevan Cola Ltd. (JCL) entered into an agreement in 2012 whereby MBCL was permitted to bottle, sell and distribute various beverages. One of the terms of the said agreement was that either side could terminate the agreement by giving one year's written notice. The agreement also contained a negative covenant by which MBCL was not permitted to manufacture, bottle, sell, deal or otherwise be concerned with the products or beverages of any other brands or trade marks/trade names during the subsistence of the agreement including the period of one year notice contemplated for the termination of the agreement. Discuss whether this negative covenant is valid
Question3. (24marks) Write short notes on the following: (i) Revision under the Code of Civil Procedure, 1908. (ii) Writ as an extra-ordinary constitutional remedy (iii) Special leave petition. (iv) Writ of habeas corpus.
Question4. (12marks) What are the rules and guiding principles that should be kept in mind while drawing up an affidavit ?
Question5. (12+12marks) (a) Explain what is 'appeal' in the context of the Code of Civil Procedure, 1908. What are the different kinds of appeals under the Code of Civil Procedure,1908 ? (b) Draft an affidavit of creditor in proof of his debt in proceeding for the liquidation of a company.
Question 6. (12+6marks) (a) Write notes on the following: (i) Rule of adverse inference (ii) Representative suit.
(b) What is meant by `pleadings' ? Explain the fundamental rules of pleadings .
EDU EX…. ………CRACK IT IN FIRST ATTEMPT!!!… THE ALL INDIA TEST SERIES FOR STUDENTS OF CA/CS/CWA Visit us at www.eduex.in
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