ICSI Previous Year papers Drafting Appearances and Pleadings

ICSI Previous Year papers

Professional Programme Module 1

Drafting Appearances and Pleadings

June 2009

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) Hurry Burry Ltd. went into liquidation and its assets were put to sale by the
court. The terms and conditions of the sale stated that the sale would be of the
assets on ‘as is where is and whatever there is’ basis and the bidders had to
satisfy themselves as to any encumbrance on the property. On 15th September,
2006, the company judge confirmed the sale of an immovable property in an
auction in favour of Ravi. Later on, Ravi received a notice from the municipal
corporation authorities claiming the payment of arrears of property tax for the
period prior to 15th September, 2006 with interest. The municipal corporation had
not filed its claim before the official liquidator. It was argued by the municipal
corporation authorities that the sale was made on ‘as is where is and whatever
there is’ basis and the buyer was deemed to have full knowledge as to the defects
in the description, quality and quantity of the assets sold. Decide whether Ravi
is liable to pay the arrears of property tax with interest. Support your answer
with decided case law.                    (5 marks)
(b) What are the do’s and don’ts which should be considered while drafting documents?
(5 marks)
(c) Explain the following :
(i) Deed pool
(ii) Deed poll
(iii) Indenture
(iv) Cyrographum
(v) Deed escrow.                             (2 marks each)
2. (a) Mention important aspects which should be kept in mind while drafting a sale
deed of an immovable property by a limited company.                        (5 marks)
(b) Alpha Industries Ltd. wishes to appoint Ram Avtar & Co., Advocates as their
legal consultant on an annual retainership basis. Draft a suitable agreement
assuming facts, wherever necessary.                  (5 marks)
Drafting Appearances and Pleadings

(c) Explain the following types of guarantee :
(i) Contract of guarantee
(ii) Continuing guarantee
(iii) Bank guarantee.               (2 marks each)
3. (a) What are the statutory provisions for appeals to the Securities Appellate Tribunal
(SAT) under the Securities and Exchange Board of India Act, 1992 ?         (4 marks)
(b) Distinguish between ‘lease agreement’ and ‘licence agreement’.          (4 marks)
(c) Draft a specimen arbitration agreement to refer a dispute to two arbitrators.
(8 marks)
4. (a) “Articles of association of a company are public documents and have evidentiary
value in matters which involve dealings of a company with its own members or
third parties.” Discuss the statement and also state the important aspects to be
kept in view while drafting the articles of association of a company.             (8 marks)
(b) Write notes on the following :
(i) Rule of adverse inference
(ii) Representative suit.              (4 marks each)
5. (a) “It is incumbent upon the defendant to file his defence in writing, else the court
may pronounce judgment against him or make such order as it deems fit.” Examine
the statement and enumerate important points while drafting the reply or a written
statement.             (6 marks)
(b) Discuss the contents of a trust deed.             (6 marks)
(c) Explain any two types of mortgage.               (4 marks)
6. (a) Ultra Vision Textiles Ltd. is entering into a foreign collaboration with Omega Inc.,
USA for technical know-how and assistance for the proposed textile machinery
manufacturing project. Draft a suitable foreign collaboration agreement.        (10 marks)

(b) A contract existed between Rahul and Sahil. Sahil went to the court of law for
non-performance of the contract by Rahul. During the pendency of the suit, Rahul
and Sahil arrived at certain compromise and reduced the terms of compromise by
signing a ‘memorandum of understanding’ (MOU). Whether such an MOU amounts
to novation of the contract ?           (6 marks)
7. (a) What is meant by ‘compromise’ and ‘arrangement’ ? What is the procedure to be
followed for carrying through a compromise or arrangement under the Companies
Act, 1956 ?                                           (6 marks)
(b) Mention the important considerations while drafting an affidavit in evidence.  (5 marks)
(c) What is meant by ‘etiquette’ ? What are the invitation etiquettes to be observed
by a Company Secretary ?                (5 marks)
8. (a) Explain the following :
(i) Habeas corpus
(ii) Mandamus.                                (3 marks each)
(b) What are the advocacy tips to be borne in mind by a Practising Company Secretary
while appearing before a tribunal ?             (5 marks)
(c) What is the meaning of the term ‘compounding’ ? What factors are to be taken
into consideration for the purpose of compounding of offences under the respective
statutes ?             (5 marks)

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