ICSI Drafting Appearances and Pleadings Solved Question Paper Dec 2013

ICSI Drafting Appearances and Pleadings Solved Question Paper Dec 2013
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ICSI Drafting Appearances and Pleadings Solved Question Paper Dec 2013

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SCC 119. In this case the Supreme Court upheld the contention of the Appellant and observed that the High Court did not appreciate the material aspects of the case properly. The Apex Court set aside the order passed by the High Court and restored the discharge order passed by the Judicial Magistrate. 2013 - June 2 b Please refer 2007 - June 8 b on page no. 199 2013 - June 7 b ii Special Civil Application and Special Criminal Application Special Civil Application SCA is another name for a Writ Petition, i.e. Petition for issuing prerogative writs of mandamus etc., for enforcement of fundamental rights or for
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Appendix CS Professional Programme Module - I Paper 2
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any other purpose under Article 226 of the Constitution of India only for High Courts . In fact the SCA is a technically couched and framed civil application for enforcement of fundamental rights, but not well defined statutory legal rights. SCA is a popular term for Writ Petitions in Bombay High Court and other Southern State High Courts. In Delhi, the term Writ Petition WP Civil is used. Special Criminal Application, on the other hand is a Criminal Application Cr. A for relief orders to be obtained from the Court in criminal matters. A popular example is Special Criminal Application for grant of bail anticipatory bail in case of refusal by lower criminal court. The Special Criminal Application is primarily directed for enforcement of fundamental rights under article 14 and 21 of the Constitution, which is criminal in nature i.e., punishment and fine are involved . Chapter- 9 Appearances Pleadings-III 2013 - June 7 a Please refer 2009 - Dec 8 a i on page no. 210 Chapter- 11 Objective Questions 2013 - June 1 C c i If a power of attorney is executed in a foreign country, it should be stamped within three months of its being received in India. If not so done, it will be deemed to be unstamped and cannot be acted upon. ii While the principal should not be a minor, an agent could be a minor. iii Consideration is not necessary for an agency contract. iv Hypothecation is an extended form of pledge. v Conveyancing is the art of drafting of deeds and documents whereby land or interest in immovable property is transferred by one person to another. 2013 - June 3 c i False As per Section 7 of the Indian Trusts Act, 1882 a corporate body can create a trust. ii False Powers of attorney are executed in the form of Deed Poll, generally drawn in the first person. It is unilateral document. iii True In this case the Supreme Court held that if the document creates an interest in the immovable property entitling the transferee to enjoyment then it is a lease if permission to use land without exclusive possession is granted, a license is the legal result. iv True Section 127 of the Indian Contract Act, 1872 defines consideration for