Drafting: In legal scenario drafting refers to the writing of legal documents or document which are written with legal

prospective. Legal Drafting is the crystallization and expression in definite form of a legal right, legal duty, privilege,
function or status. While drafting a document, the perfect knowledge of facts and better understanding of law is
required then only it can be put in a systematized sequence so as to give a perfect presentation in a self contained
and self explanatory form with out any patent or latent ambiguity. Hence the first duty of a good draftsman is to have
a clear conception of what the intention of the parties are and then to examine how far their wishes can be carried
out without contravening the provisions of law.

Pleading: Pleading refers to a legal document filed in a lawsuit. This can be a document pertaining to the initiation of
litigation or a document in response to this initiation. Pleading can also be defined as written presentation by a litigant
in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. A pleading
includes claims and counterclaims but not the evidence by which the litigant intends to prove his case. According to
Marriam Webster Dictionary pleading is one of the formal usually written allegations and counter allegations made
alternately by the parties in a legal action or proceeding. Pleadings can be civil or criminal

Conveyancing: Conveyancing is the act of transferring the real property's ownership from one to another person.
These transferring is done legally. Hence conveyancing is an art of drafting deeds and legal documents whereby any
right, title or interest in tangible immovable property is transferred from one person to another.

PLEADINGS IN CIVIL CASES

In India the law relating to civil pleadings is contained in Order VI of Civil Procedure Code 1908.

The whole object of pleadings is to bring the parties to an issue and the purpose is to prevent the issue being enlarged
which would prevent either party from what the real point to be discussed and decided in. The whole meaning of the
system is to narrow the parties to definite issues and thereby diminish expense and delay especially as regards the
amount of testimony required on either side at the hearing.

Hence the main objective behind formulating the rules of pleadings is to find out and narrow down the controversy
between the parties.

Vide Order VI Rule 1 of the Code of Civil Procedure, 1908 “Pleading” shall mean ‘plaint’ or ‘written statement’

The four fundamental rules of pleadings under Order 6, Rule 2 CPC are:

1. Every pleading shall contain, only a statement of facts, and not Law;
2. Every pleading shall contain all material facts and material facts only.
3. Every pleading shall state only the facts on which the party pleading relies and not the evidence by which they
are to be proved,
4. Every pleading shall state such material facts concisely, but with precision and certainty.

Order VI Rule 15, states every pleading shall be verified at the foot by the by any of the parties pleading or by some
other person proved to the satisfaction of the Court to be acquainted with the facts of the case. The aim of verification
is only to fix responsibility of the statements made in the pleading upon same one before the court proceeds to
adjudicate upon them.

Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court
will allow amendment only if this amendment is necessary to determine the controversy between the parties. The
purpose of this provision is to promote ends of justice and not to defeat the law.
PLAINT

The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows
what a Plaintiff wants from that suit.

A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC, there are many different
rules which deal with different constituents of plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule 9 of CPC
deals with how the plaint will be admitted and after that Rule 10 to 10-B talks about the return of the plaint and the
appearance of parties. And the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which circumstances
the plaint can be rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the presentation of a plaint or in such
other manner as may be prescribed.” This section clearly shows that plaint is very much necessary for the
establishment of a suit before the civil or commercial court.

Particulars to be contained in plaint provided under order VII, Rule 1. According to this rule the plaint shall contain
the following particulars:

(a) The name of the Court in which the suit is brought;

(b) The name, description and place of residence of the plaintiff;

(c) The name, description and place of residence of the defendant, so far as they can be ascertained;

(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) The facts constituting the cause of action and when it arose;

(f) The facts showing that the Court has jurisdiction;

(g) The relief which the plaintiff claims;

(h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or

relinquished; and

(i) A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court

fees, so far as the case admits

Hence normally a pliant consist of four parts

1. Heading and Title

2. Body of the Plaint

3. Relief Claimed

4. Signature and Verification

Heading and Title: Heading of the plaint means the court in which the suit is instituted and the parties to the plaint
and the title of the suit indicates the provision and jurisdiction of the court .

Body of the plaint: In body of plaint, the plaintiff acquaints the court and defendant with the case. The statement of
facts is divided into paragraphs numbered consecutively. Body of the plaint can be divided into two parts (1)
Substantive portion and (2) Formal portion. Substantive portion of the body of plaint is devoted to (i) statement of all
facts constituting the cause of action and (ii) the facts showing the defendant’s interest and liability. Formal portion
deals with date of cause of action, jurisdiction, valuation, minority, exemptions if any claimed etc.

Relief Claimed: Rule 7 says that every plaint shall state specifically the relief which the plaintiff claims either simply
or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the
Court may think just to the same extent as if it had been asked for and it should be accurately worded.

Signature and Verification: The plaint must be signed by the plaintiff through advocate. But if the plaintiff is, by reason
of absence or for other good cause, unable to sign the plaint, it must be signed by any person duly authorized by him
to sign the same. The verification is done by the plaintiff himself.

Order VII Rule 11 of the Code of Civil Procedure elaborates on the rejection of plaints in certain circumstances. It has
mentioned certain grounds on the basis of which the plaints are rejected by the courts.

Affidavit should also be enclosed with plaint as provided under Order 6 Rule 15 (4) CPC, 1908. All documents on which
the plaintiff relies for his claim should be enclosed with a separate List of Documents according to Order 7 Rule 14 (1)
CPC, 1908.

AFFIDAVIT
An affidavit is a written statement from an individual which is sworn to be true. It is an oath that what the individual
is saying is the truth.

An affidavit is a statement or declaration in writing made on oath or solemn affirmation setting out certain facts and
sworn or affirmed before a person having the authority to administer oath or affirmation.

Affidavit are required for filing in judicial proceedings before courts or in proceedings before other authorities.

Order XIX of CPC deals with affidavits in civil courts. Rule 1 of this order empowers the court to order that any
particular fact or facts may be proved by affidavit. Rule 3 sets out the matters to which affidavits shall be confined.

Affidavit usually consist of four parts:

Heading: Description of court or authority

Averments: Statement of facts made on oath or affirmation

Verification

Swearing or affirmation: contain an endorsement by the court, notary public or Oath Commissioner that the
deponent has duly sworn or affirm the contents of the affidavit.

WRITTEN STATEMENT
Written Statement is laid down in Order VIII, Rule of the Code of Civil Procedure, that a defendant may, and if so
required by the Court shall, at or before the first hearing or within such time as the Court may permit, present a
written statement of his defence.

In general words written statement is the pleading of the defendant wherein he deals with material facts alleged by
the plaintiff along with new facts in his favour or that takes legal objections against the claim of the plaintiff.

A written statement must be filed by the defendant or his duly authorized agent. If there are more than one defendant
a common written statement signed by all has to be submitted.
The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not
specifically denied is deemed to be admitted. Denial should not be vague.

The written statement should also contain verification from the Defendant, stating that, the contents of written
statement are true and correct.

The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the
court.

Written statement should also contain title, body part, relief and signature and verification.

In the Written statement defendant can introduce a new fact through set off or counter claim

Set off: Order VIII Rule 6 deals with Set off. It is a plea in defence, available to the defendant in a money suit. “Set-off”
means a claim set up against another. It is a cross-claim which partly offsets the original claim. It is an extinction of
debts of which two persons are reciprocally debtors to one another by the credits of which they are reciprocally
creditors to one another. Where there are mutual debts between the plaintiff and the defendant, one debt may be
settled against the other. By adjustment, set-off either wipes out or reduces the plaintiff’s claim in a suit for recovery
of money. Set-off is of two kinds viz., legal set-off and equitable set-off. Rule 6 deals with legal set-off only.

Conditions for set off:

The suit is for recovery of money

The defendant’s claim must be for an ascertained sum of money

The money must be legally recoverable

Both plaintiff and defendant must fill the same character as they fill in the plaintiffs claim.

The sum claimed by way of set-off must not exceed the pecuniary limits of the court.

Counter Claim: Order VIII, Rules 6-A to 6-G of CPC deals with counter claim. “Counterclaim” may be defined as “a
claim made by the defendant against the plaintiff”. It is a claim independent of, and separable from, suit plaintiff’s
claim which can be enforced by a cross-action. It is a cause of action in favour of the defendant against the plaintiff.
So “counter-claim” means a claim raised by the defendant against the claim of plaintiff in a suit. The defendant may
set-up a counter-claim only in respect of a claim for which the defendant can file an independent suit. However, the
defendant must specifically state in his written statement that he is setting-up a counter-claim. Such counter-claim
shall not exceed the pecuniary jurisdiction of the court. The counter-claim is treated as a plaint. Hence, the plaintiff is
entitled to file a written statement to answer the counter-claim of the defendant and the defendant has to pay court
fees. The object of counter claim is to avoid multiplicity of suits.

According to Rules 1,11 and 12 of Order VIII defendant should produce with the written statement the following:

• all documents in his possession or power on which he bases his defence or claim to set, off, if any
• a list of other documents not in his possession or power but on which he relies in support of his case
• a statement indicating his address for service and
• a duplicate of the written statement to be supplied to the plaintiff.

INTERLOCUTORY APPLICATION
Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in
such Court, other than a proceeding for execution of a decree or order. (Rule 2 (j) of Civil Rules of Practice). The orders
which are passed in those applications are called as interlocutory orders.
The general provision dealing with the incidental proceedings is contained under part III Of the code of civil procedure.
But such applications are moved under various provisions of the Code of civil procedure, 1908 which include
applications for appointment of Commissioner, Temporary Injunctions, Receivers, payment into court, security for
cause, and etc.

The rules regarding Interlocutary applications are:

• shall contain only one prayer or one series of alternative prayers of the same kind;
• shall not contain any argumentative matter;
• shall be supported by affidavit stating clearly the grounds and the facts on which the application is based.
• Copies of the application, affidavit and of such other documents annexed thereto as the Registrar may direct
shall also be filed for being served on the opposite side.
• Interlocutary application should also contain title, body part, relief, signature and verification.

JUDGEMENT
Judgment, under Section 2(9) of the Code, is defined as the statement given by the Judge on the grounds of a decree
or an order. It refers to what the judge observes regarding all the issues in matter and the decision on each of the
issues. Every judgment consists of facts, evidence, findings etc. and the conclusion made by the court. In simple terms,
a judgement is the reasoning given by the judge as to why the ‘decree’ was given which explains the legal reasoning
that formed the basis for the decree, along with the citation of the relevant case laws, arguments by the counsels,
and the conclusions reached by the Court. It forms the concluding part of a civil suit and it determines the rights and
liabilities of the parties to the suit. Judgement gives a complete picture of the suit.

Essential elements of Judgment

Judgement contains the following:

• A concise statement of the case

• The points of determination
• Arguments
• The decision of the court and
• The reason for such decision by the court

Decree: A decree is defined under Section 2(2) of Civil Procedure Code, as a formal expression which determines the
interest of both the parties in a conclusive manner, with regards to any disputed matter in a civil suit. Significantly, a
decree is a formal expression of adjudication by which the court determines the rights of parties regarding the matter
in a controversy or a dispute. A set-off or a counterclaim can be obtained on the decree. In short the operating part
of a judgement is called decree

Essential elements of a Decree

Formal expression: The court must formally express its decision in the manner provided by law.

Adjudication: Adjudication means judicial determination of the matter in dispute. Administrative decisions are not
decree.

Suit: The Adjudication must have been given in a suit, which is commenced by filing a plaint in a civil court.

Rights of the parties: In the decree it must have determined the rights of the parties with regard to all or any of the
matters in controversy in the suit.
Conclusive Determination: The decision must be one which is complete and final as regards the court which passed
it.

Rejection of a plaint and Determination of any question under Section 144 of the Act (Application for restitution) are
included under decree .

Any adjudication from which an appeal lies as an appeal from an order and any order of dismissal for default are not
included under decree.

Decree Holder is any person in whose favour a decree or an order capable of execution has been passed (Section 2(3)
)

Types of Decree

In Civil procedure code there are three kinds of decrees

Preliminary decree

Final decree

Partially preliminary and partially final decree

Preliminary decree : A decree is identified as a preliminary decree when an adjudication decides the rights of parties
regarding all or any of the matter in dispute but it does not dispose of the suit completely. Otherwise the preliminary
decree is passed when the court is compelled to adjudicate upon a certain matter before proceeding to adjudicate
upon the complete dispute in a former stage. In Mool Chand v. Director, Consolidation it was held that a preliminary
decree is only a stage to work out the rights of parties until the matter is finally decided by the Court and adjudicated
by a final decree.

Final Decree: A decree is recognised as ‘final’ when it disposes of the suit completely, so far as the court passing it is
concerned. A final decree settles all the issues and controversies between the parties to the suit by the court of law.

Partly preliminary and partly final decree: A decree shall be held as partly preliminary and partly final, when it
determines certain disputes but leaves the rest open for further decision. What is executable is a final decree and the
one which is not executable is a preliminary decree, unless it merges with the final one.

Any clerical errors in the decrees can be changed or corrected by the courts themselves on an application by the
Plaintiff or the Respondent under Section 152 of the Civil Procedure Code

JUDGEMENT DECREE

Defined under Section 2(9) of the Civil Defined under Section 2(2) of Civil Procedure
Procedure code, 1908. code, 1908

Statement given by a Judge of the grounds Adjudication conclusively determining the rights
of decree or order. of the parties with regards to all or any of the
matter in the controversy.

Not capable of execution. Capable of execution.

Based upon facts Based upon judgement.

 Judgment is made prior to decree Decree always follows a judgement.

Order

The term Order has been defined under Section 2(14) of the Code as the formal expression of any decision of a civil
court which is not a decree.

Essential elements of order are as follows:

It should be a formal expression of any decision.

The formal expression should not be a decree.

The decision to be pronounced by a civil court.

As a general rule, an order of a court is founded on the objective considerations and as such judicial order must contain
a discussion of the question at issue and the reasons which prevailed the court which led to the passing of the order.

Orders are of two kinds:

Appealable orders – Orders against which an appeal lies.

Non appealable orders – Orders against which no appeal lies.

Order can also be classified into Interlocutory orders and final orders

Final orders – An order that disposes of all of the claims and adjudicates the rights and liabilities of all the parties in
the suit.

Interlocutory orders – Interlocutory order only settles an intervening matter relating to the cause. Such orders are
made to secure some end and purpose necessary which are essential for the progress of case. In simple terms, a
temporary order issued during the course of litigation is called Interlocutory order. Also known as the Interim order,
is the decision of the court which does not deal with the finality of the case but rather settles a subordinate issue
relating to the main subject matter.
Powers are conferred to the courts under Civil Procedure Code to look upon a case which is already decided. The
powers are known by the name revision, review and appeal.

Appeal: There is no definition of the word “appeal” in any statute. It can be defined as the judicial examination by a
higher Court of a decision of an inferior Court. It is a legal proceeding by which a case is brought before a higher court
for review of the decision of a lower court. Appeal is a process of re-examination by a higher court of the judgment,
or the order or the decision made by a lower court in a suit or in a case. Appeal is the right of entering a superior court
and invoking its aid and interposition to redress the error of the court below. It is a proceeding taken before a superior
court for reversing or modifying the decision of an inferior court on ground of error.

The right to appeal is not an inherent right but, it is a statutory right. This means that the right comes from the statute
of appeal. Right to first appeal is a substantive right. But second appeal is only allowed on substantive question of law.

In Civil Procedure Code (CPC), the provisions relating to appeal are contained in Sections 96 to 112
REVIEW

The dictionary meaning of review is to examine or to study again or to recheck. According to Oxford Dictionary Review
means “A formal assessment of something with the intention to institute a change if necessary”. The review of
judgment is to examine or study again the facts and judgment of the case by the court itself who had rendered the
decision. Review of judgment is the substantive power of the Court. Order XLVII in the Code of Civil Procedure, 1908
together with Section 114 of the Act, provides the procedure for Review. Section 114 merely produces the conditions
necessary for the filing the application for Review. The limitations and conditions are provided in Order 47 of the Civil
Procedure Code. Order XLVII contains nine rules which impose some condition for the review. The power to review is
conferred by law and inherent power to review vests in court only.

Grounds for review:

An application for review can be filed on any of the following grounds:

1. Discovery of new material facts or evidence

2. Mistake or apparent error on the face of record

3. Any other sufficient reason.

4. Revision : As per Black’s Law Dictionary Revision is the “reexamination or careful reading over for correction
or improvement”. Revision is the power of the high court to revise the cases decided by the courts subordinate
to it. Revision is the act of examining again an order to remove any defect or grant relief against irregular or
improper exercise or non-exercise of jurisdiction by a lower court. Revision is like re-working and re-writing.
Revision means the action of revising, especially critical or careful examination or perusal with a view to
correcting or improving. Generally, revision is exercised against those orders which are not appealable.

5. In Civil Procedure Code (CPC), the provisions relating to revision are contained in Section 115.

6. There are some conditions in which revisional jurisdiction is exercised. The case must be decided by the
subordinate court. There should be no remedy of appeal be exercised. In the case of Major. S.S. Khanna v.
Brig. F.J. Dillion Supreme Court held that, when any other remedy is available, the court may not exercise it’s
revisional jurisdiction.
When Review Petition lies:

1. A decree or order from which no appeal lies

2. Where appeal is provided but no appeal is preferred by the aggrieved party

3. Decisions for reference from small cause courts

Review Jurisdiction of Supreme Court

Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.

Review petitions are ordinarily be entertained without oral arguments by lawyers. Thus, it is heard “through
circulation” by the judges in their chambers.

However, in exceptional cases, the court allows an oral hearing.

Review petitions are also heard by the same combination of judges who delivered the original order or judgment that
is sought to be reviewed.

REFERENCE

Section 113 and Order XLVI deals with reference. The main objective of reference is that the subordinate court is
enabled to get the opinion of the High Court about a case. A court subordinate to the High Court is empowered to
refer the case under Section 113. The court in relation to Section 113 means a court having Original Civil Jurisdiction.
A reference can be made only when there is a question of law or validity of any Act or Ordinance or of any provision
of the Act is involved and can be sought only in a pending suit, appeal, or other proceedings.

Rule 1 Order XLVI for the purpose of reference provides certain conditions and limitations that are needed to be
satisfied for the High Court to entertain the reference from the subordinate court. These conditions are given below
:

There should be a pending suit or appeal where the decree is not subject to appeal.

There must be a question of law or usage having the force of law.

The Court that is trying the suit or appeal or executing the decree must entertain reasonable doubt on that question
of law.

A subordinate court may refer the case with its own opinion on the point to High Court either on its own motion or;
on the application of any of the parties.

CURATIVE PETITION

A curative petition is the last constitutional resort available for redressal of grievances in court after a review plea is
dismissed or has been exhausted. The concept of Curative petition was evolved by the Supreme Court of India during
2002 in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. The concept was evolved by the apex court to
prevent the miscarriage of justice and to prevent abuse of process. The court had ruled that a curative petition can
be allowed if the petitioner establishes there was a violation of the principles of natural justice, and there were some
facts which were brought to the notice of the court but were ignored by the court before passing an order.

The curative petition is normally decided by judges in-chamber, in rare and exceptional cases, it can be given an open-
court hearing.

It can be considered as a second review. It is the discretion of the court. The court will allow a curative petition only
when certain requirements as laid down by it are fulfilled.
CAVEAT PETITION
Caveat petition is explained under Section 148A of Civil Procedure Code, 1908. Caveat petition is defined as the
precautionary measure taken by an individual who holds a great fear or caution that some of the other cases against
him or her are going to be filed in the court of law related to any manner. The caveat is generally a Latin phrase which
means ‘let a person beware’.

In law, it is a formal notice where the person is always intimated before any legal actions are taken against him or her.
By doing this, the caveator is ensuring that the court will hold a reasonable hearing before taking any decisions on any
case brought against him/her.

CRIMINAL PLEADINGS

PRIVATE COMPLAINT

Section 4(1)(h) of CrPC define the complaint as any allegation made orally or in writing to a Magistrate. It's
done with a view to his taking action under this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.

The definition shows that for a valid and legal complaint it is essential that there must be:

i. An allegation (oral or written) that some person (known or unknown) has committed an

offence,

ii. made to a Magistrate, and

iii. with the object that he should take action under the law; but a complaint does not include

the report of a police officer.

There is no limitation provided for filing of a direct complaint but the longer its delay, the more the chances
of not believing its truth.

❖ FIR can be registered only for cognizable offence whereas a complaint can be filed for both cognizable as well
as non-cognizable offence.

❖ A victim or the person who has knowledge about the commission of a crime can file a complaint under Section
200 in the Code Of Criminal Procedure, 1973.

❖ The Magistrate who takes the cognisanze of an offence upon complaint examines the complainant and the
witness, if any, upon oath. The complaint then gets reduced to writing and signed by the complainant and the
witnesses along with the Magistrate.

❖ However, when the complainant makes the complaint in writing, the Magistrate does not need to examine
the complainant and the witness in cases:

I. if the complainant is a public servant in discharge of his official duties (incase of NDPS Act, PMLA, RBI Act etc)

II. if the Magistrate puts the case for any inquiry or trial to another Magistrate under Section 192

III. If it is doubtful for the learned Magistrate, whether there is sufficient grounds for proceeding, the Learned
Magistrate may inquire by himself or order an investigation to be made by police or any other person.

IV. The inquiry or investigation is for the purpose of deciding whether there is sufficient grounds for proceeding.
 V. If the magistrate is satisfied with or without the inquiry/investigation that there is sufficient ground to
proceed, the magistrate will issue summons to the accused and proceed with inquiry and trial.

VI. If the magistrate refuses to issue a process and dismisses the complaint, the aggrieved person can approach
the Sessions Court by filing a revision petition.

CRIMINAL MISCELLANEOUS PETITION

❖ There is no definition for the “criminal miscellaneous petition” either in Code of Criminal procedure 1973 or
in any other law.

❖ In general Criminal Miscellaneous Petition is an application filed into the Court for seeking a specific relief.

❖ It is “ a formal expression of request submitted by way of an application filed before the criminal court in or
otherwise in the criminal proceedings on different actions of reliefs for some privilege, right, benefit or for an
action”.

❖ The Criminal Miscellaneous Petitions may be filed even at the inception of a criminal proceeding, during the
criminal proceedings or after conclusion of the same. The Courts must cautious while dealing with these
petitions with regard to their maintainability on the point of jurisdiction.

❖ Petition filed under section 239 of Criminal Procedure Code in a Magistrate Court or under Section 227 of
Criminal procedure Code in a court of Sessions, seeking discharge of accused from the warrant case or
Sessions case are examples of Criminal Miscellaneous Petition.

❖ It was held by the Hon’ble Supreme Court of Indian in A.Prasad vs. Rooplal Zindal that “ a criminal
miscellaneous petition for discharge of accused in summons case is not at all maintainable as there is no
question of discharge in summons cases.”

❖ Bail Applications are also filed as Criminal Miscellaneous Petitions.

❖ When a Miscellaneous Petition is filed in Criminal cases, it is registered as Criminal Miscellaneous Petition. As
soon as a Petition is filed, the primary duty of the Court is to see whether the relief sought is provided under
Criminal Procedure Code or not.

BAIL AND BAIL APPLICATIONS

The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a
developed jurisprudence of bail is integral to a socially sensitized judicial process”. –

Justice V.R. Krishna Iyer in Gudikanti Narasimhulu case

❖ The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well recognized principle
among all the judicial systems of the world.

❖ The law lexicon defines bail as the security for the appearance of the accused person on which he is released
pending trial or investigation.

❖ Security contemplated by bail is to "procure the release of a person from legal custody, by undertaking that
he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment
of the court”

❖ The Criminal Procedure Code, 1973, does not define bail, although the terms bailable offence and non-bailable
offence have been defined in section 2(a) Cr.P.C. as follows: " Bailable offence means an offence which is
 shown as bailable in the First Schedule or which is made bailable by any other law for the time being enforce,
and non-bailable offence means any other offence"

❖ Section 436 to 450 set out the provisions for the grant of bail and bonds in criminal cases.

❖ The Supreme Court, in Aasu vs. state of Rajastan issued a direction that Bail applications shall be disposed of
normally within one week.

❖ According to section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled for Bail as a
matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates
court. In bailable offences bail is a right and not a favour.

❖ However, where the offences alleged are both Bailable and Non-Bailable, the offence would be tried as Non
Bailable offence, and benefit of securing Bail on the premise of Bailable offence would not be available to the
accused.

❖ The provisions of section 437 empower two authorities to consider the question of bail, namely (1) a court
and (2) an officer-in-charge of the police station who has arrested or detained without warrant a person
accused or suspected of the commission of a non-bailable offence.

❖ Since the power to grant bail is permissive and not obligatory, it has to be exercised with great caution because
of the risk and stakes involved.

❖ In case of an offence punishable with death or imprisonment for life a station officer cannot enlarge a person
on bail, if there appears reasonable grounds for believing that he has been guilty of such offence.

❖ Section 439 deals with power of High Court and Sessions Court to release a person on Bail.

❖ However, the High Court or the Court of Sessions shall, before granting bail to a person who is accused of an
offence which is triable exclusively by the Court of Sessions or which, though not so triable, is punishable with
imprisonment for life, give notice of the application for bail to the public prosecutor unless it is, for reasons
to be recorded in writing of opinion that it is not practicable to give such notice

❖ The Code of Criminal Procedure makes clear provisions for cancellation of bail and taking accused back in
custody.

ANTICIPATORY BAIL APPLICATIONS

❖ Right to life and personal liberty is an important right granted to all the citizens under Article 21 of the Indian
Constitution and it is considered as one of the precious right.

❖ The Law Commission of India, in its 41st Report dated September 24, 1969 pointed out the necessity of
introducing a provision in the Code of Criminal Procedure enabling the High Court and the Court of Sessions
to grant “anticipatory bail”.

❖ This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a
non-bailable offence.

❖ The very basic purpose of insertion of this provision was that no person should be confined in any way until
and unless held guilty.

❖ When the Criminal Procedure Code was enacted in 1973 a provision was inserted under Sec 438 dealing with
Anticipatory Bail giving concurrent jurisdiction to Sessions Court and High Court.
 ❖ Where any person has a reason to believe that he may be arrested on accusation of having committed a non-
bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that
in the event of such arrest he shall be released on bail

❖ The court shall provide him anticipatory bail after taking into consideration the following factors, namely

❖ the nature and gravity of the accusation.

❖ the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment
on conviction by a Court in respect of any cognizable offence

❖ the possibility of the applicant to flee from justice.

❖ where the accusation has been made with the object of injuring or humiliating the applicant by having him so
arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.

❖ The purpose of the grant of anticipatory bail is to protect the life and liberty of the appellant and to protect
him from unnecessary trauma and defamation of frivolous and false charges and arrest.

❖ As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is
directed to be released on bail even before arrest made.

❖ The High Court or the court of the session may include such conditions in the light of the facts of the particular
case, including:

I. condition that the person shall make himself available for interrogation by the police officer as and when
required;

II. condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or
to any police officer;

condition that the person shall not leave India without the previous permission of the court

APPEAL
❖ Every human being is fallible and a judge is not an exception. It is thus possible that even a judge may do an
error or commit mistake and his decision may be wrong or faulty.

❖ Constitution Of India guarantees life and liberty to every citizen, small or big, rich or poor, as one of the
Fundamental Rights. It is therefore, necessary that a person aggrieved by an order of the court of the first
instance may be able to challenge it by preferring an appeal. An appeal is a method of correction of manly
error or solution of human imperfection.

❖ The term “appeal” has not been defined in the criminal procedure code. As per Black law dictionary, an appeal
is a complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment
or decision the court above is called upon to correct or reverse. Chapter XXXIX (Section 372 – 394 of Cr.PC)
deals with Appeals.

❖ A right of Appeal is not a natural or inherent right. It is a statutory right and must be governed by the statute
which grants it and in criminal law it is criminal procedure code.
 ❖ No appeal shall lie from any judgment or order of a Criminal Court except it has been provided by the code or
any other law which is being in force at that time. (Section 372). Durga Prasad Soni And Anr. v. State of Andhra
Pradesh.

❖ In the case of Satya Pal Sigh vs State of Madhya Pradesh, the Hon’ble Supreme Court held that the father of
the deceased has a locus standi to present an appeal to the High Court under the proviso of Section 372, as
he falls within the definition of “victim”, to question the correctness of judgment and order of an acquittal of
accused.

❖ Victim shall have the right to appeal against any order passed by the Court in which the accused is been
acquitted or convicted for a lesser sentence or he has got inadequate compensation

❖ Section 374 deals with under what circumstances appeal can be filed against convictions.

❖ According to Sec 375 normally no appeal lies if the accused pleaded guilty and also no appeal in petty cases
(Sec 376) Jagdish And Anr. v. The State Of Rajasthan

❖ Section 378 deals with circumstances under which appeal lies against acquittal.

❖ Section 386 deals with power of appellate court.

❖ Normally a person cannot introduce a new or additional evidence at their appeal. they must rely only on the
evidence that they have submitted in their previous proceedings. However, they can introduce new evidence
with leave or permission from the concerned appellate court.

❖ If the appellant is in jail then the petition of appeal can be presented by him to the officer in charge of the jail
who has to forward the petition to the proper authority

❖ According to section 392 of this Code if the judges are divided in opinion equally then the matter shall be laid
before another judge of that court whose decision shall be followed.

❖ As to the finality of the judgments and orders passed on appeal, CrPC makes them final except in some cases

❖ Appeal is an important remedy for person’s dissatisfaction with the judgment or the order of trial court.

REVISION
The word “revision” has not been defined in CrPC, however, Chapter 30 – Section 395 to Section 405 of Criminal
Procedure Code,1973 deals with reference and revision.

As per Section 397 of CrPC, the High Court or any Sessions Judge have been empowered to call for and examine the
records of any proceeding satisfy oneself:

a. as to the correctness, legality, or propriety of any finding, sentence or order, whether recorded or passed,
and

b. as to the regularity of any proceedings of an inferior court.

Hence High Court and the Sessions Judge are invested with concurrent and co-extensive revisional jurisdiction
over subordinate Criminal Courts within their respective jurisdiction.

The revision power do not create any right to the litigant but it only conserve the power of High Court to do
that justice in accordance with the law
 ❖ The revisional powers are not exercisable in relation to any interlocutory order passed in any appeal, inquiry
or trial. S.397(2).

❖ A person is allowed to file only one application for revision either to the Court of Session or to the High Court
if once such an application is made to one court, no further application by the same person shall be
entertained by the other court. S. 397 (3)

❖ No order to be made in revision against an accused or other person unless he has had an opportunity of being
heard. S.401(2)

❖ The court exercising revisional powers is not authorized to convert a finding of acquittal into one of conviction

❖ Criminal revision cannot be dismissed for default or for want of prosecution – (Madan Lal Kapoor v. Rajiv
Thapar and others

❖ The power of revision with the higher judiciary is very wide and is purely discretionary. Therefore no party
can claim it as a matter of right to be heard before the court with revisional jurisdiction.

REVIEW
❖ Criminal Review is allowed only in exceptional cases

❖ A criminal review petition can be moved only on the ground of an error apparent on the face of the record in
terms of CRPC, 1973.

REFERENCE
Section 395 of Cr.P.C deals with the reference powers of the High Courts in a State. Under this provision, the
subordinate courts are allowed to refer a case to the High Court for its opinion if the subordinate court considers is
necessary. The provision entails two situations when the case can be referred to the High Court:

1. When the validity of an Act, Ordinance or Regulation is doubtful and the court considers it invalid.When, in
any case pending before the subordinate court,

2. the court believes that there is a question of law that needs to be addressed by the High C

DIFFERENT TYPES OF DEEDS AND LEGAL DOCUMENTS

1. Agreement

2. Sale deed

3. Gift Deed

4. Lease Deed

5. Mortgage Deed

6. Exchange Deed

7. Bill of Exchange

8. Promissory Note

9. Partnership Deed
 10. Power of Attorney

Others

1. Memorandum of Association

2. Articles of Association

3. Byelaws.

Agreement

 According to Cambridge Dictionary Agreement means the situation in which people have the same opinion,
or in which they approve of or accept something.

 In an agreement, one person offers or proposes something to another person, who in turn accepts the same.
In other words, offer plus acceptance amounts to the agreement, or we can say that an accepted proposal is
an agreement.

 The Indian Contract Act 1872, section 2(e), defines an agreements as "every promise and every set of
promises, forming the consideration for each other is an agreement.“

 An agreement which is enforceable by law is a contract . Hence all contracts are agreements but all
agreements are not contracts.

 The conditions when an agreement will enforce are given in Section 10 of Indian Contract Act, 1872. In this
section, an agreement is a contract when it is made for some consideration, between competent parties, with
their free consent and for a lawful object.

Agreement FOR SALE / CONTRACT FOR SALE

 An agreement for sale, is an agreement to sell a property in future. This agreement specifies the terms and
conditions, under which the property in question will be transferred.

 The Transfer of Property Act, 1882, which regulates the matters dealing with the sale and transfer of house
property, defines the contract for sale or an agreement for sale as under:

 “A contract for the sale of immovable property, is a contract that a sale of such property shall take place on
the terms settled between the parties” – Section 54. Section 54 further provides that “It does not, of itself,
create any interest in or charge on such property.”

 Hence an agreement for sale contains a promise to transfer a property in question in future, on satisfaction
of certain terms and conditions. So, this agreement itself does not create any rights or interest in the property,
for the proposed buyer.

 What the sales agreement creates, is a right for the purchaser to purchase the property in question on
satisfaction of certain conditions. Likewise, the seller also gets the right to receive the consideration from the
buyer on complying with his part of the terms and conditions.

 In case of failure of the seller to sell or hand over possession of the property to the buyer, the buyer gets a
right of specific performance, under the provisions of the Specific Relief Act, 1963. A similar right is available
to the seller under the agreement, for seeking specific performance from the buyer.
SALE DEED / CONTRACT OF SALE
❖ Section 54 of the Transfer of Property Act, 1882 defines a sale as a transfer of ownership of an immovable
property for a consideration.

❖ Elements of sale deed:

i. Transfer of ownership

ii. Money consideration

❖ Essentials of sale deed

i. Parties to sale deed: An absolute sale deed must contain the names, and respective addresses of parties to
the transaction and both the parties i.e. seller and buyer must be competent to enter into a contract so that
it will not affect the validity of the valid sale.

ii. Description of the property sold: A valid sale deed must contain full description of the property which is the
subject matter of sale. It must include identification number, total plot area, construction details as well as its
location with its surrounding areas.

iii. Sale consideration clause: A sale deed must include the clause stating the sale consideration/amount as
agreed between the seller and the buyer which has to be paid by the buyer to the seller on the execution of
sale deed.

iv. iv) Passing of the title: A sale deed should contain the clause when the original title of the property to be
passed to the vendee. A time limit should be given to the seller for the transfer of the title. Once the title of
the immovable property is transferred, all the rights will pass to the vendee.

v. v) Delivery of the possession: The possession of the immovable property will be transferred to the vendee by
the vendor once the registration process is completed. A clause in the sale deed must state when there will
be actual delivery of the possession.

vi. vi) Execution: Once the Sale Deed is prepared all the parties to the deed shall execute it by affixing their thumb
impression or full signature. Each page should be signed by the seller and buyer.

vii. vii) Registration According to Section: 17 of "The Registration Act, 1908", the registration of a tangible
immovable property is compulsory if the value of the respective property exceeds rupees 100/- and it is the
registration of the property which makes the sale valid. A stamp duty has to be paid by the vendee to the
subregistrar for getting the registration done.

GIFT DEED
❖ Gift has been defined under Section 122 of the Transfer of Property Act, 1882.

❖ Section 122 states that ‘Gift’ is the transfer of certain existing movable or immovable property made
voluntarily and without consideration, by one person, called the donor, to another, called the donee, and
accepted by or on behalf of the donee.

❖ Such acceptance must be made during the life time of the donor and while he is still capable of giving his
consent. If the donee dies before acceptance, this gift is void.

❖ For the purpose of making gift of immovable property, the transfer must be affected by a registered
instrument signed by or on behalf of the donor and attested by at least two witnesses.
 ❖ For the purpose of making gift of movable property, the transfer may be affected either by a registered
instrument signed as aforesaid or by delivery.

❖ Gift must be of existing property

❖ Gift can be revoked or suspended only with the consent of donor and donee

❖ The value of the property gifted must be set forth in the deed of gift. Stamp Duty is payable on gift deed as
on the conveyance as per amount of value of the property as mentioned in the deed or as per market value
of such property whichever is greater as per the Indian Stamp Act, 1899.

❖ Gift deed of immovable property is compulsorily registrable as per the Transfer of Property Act and the
Registration Act, 1908, whatever may be the values.

LEASE DEED
 Ownership confers various rights to the owner to deal with the properties and one important right is right to
transfer.

 One of the modes of transferring property for a particular period of time is Lease. Lease is a transfer of an
interest in the property for a stipulated period of time without transferring the ownership of that property.

 Section 105 of transfer of property act defines lease as it is a transfer of immovable property for a particular
time period for a consideration of which the transferee has accepted the terms surrounding the agreement.

The essential elements of a lease are as follows:

 Parties- The parties to a lease are the lessor and the lessee. The lessor is also called the landlord and the lessee
the tenant. They should be competent to contract

 Subject matter of lease- The subject matter of lease must be immovable property. The word "immovable
property" may not be only house, land but also benefits to arise out of land, right to collect fruit of a garden,
right to extract coal or minerals, hats, rights of ferries, fisheries or market dues. The contract for right for
grazing is not lease. Here no transfer of ownership but only right of possession.

 Period of lease- The right to enjoy the property must be transferred for a certain time, express or implied or
in perpetuity. The lease should commence either in the present or on some date in future or on the happening
of some contingency, which is bound to happen. In India, the lease may be in perpetuity, ie permanently.

 Consideration- The consideration for lease is either premium or rent, which is the price paid or promised in
consideration of the demise. The premium is the consideration paid of being let in possession, even if it is to
be paid in installments.

 Sub-lease- A lessee can transfer the whole or any part of his interest in the property by sub-lease. However,
this right is subject to the contract to the contrary and he can be restrained by the contract from transferring
his lease by sub-letting. The lessee can create sub-leases for different parts of the demised premises. The sub-
lessee gets the rights, subject to the covenants, terms and conditions in the lease deed.

 Acceptance: Lessee, who is to get the interest in the property after lease, has to accept the lease agreement
along with the time period and terms & conditions imposed on the transfer.
MORTGAGE
❖ A Mortgage can be defined as the transfer of interests in a specific property to secure the loan advanced or
to be advanced in the future. Section 58 (a)

❖ In India, Mortgage is governed under Section 58 to 104 of the Transfer of Property Act, 1882.

❖ The person who mortgages his property against the loan is called “Mortgagor.” Whereas the person to whom
the property is mortgaged is called Mortgagee” and the terms and conditions related to mortgages are
contained in the “Mortgage Deed”. The principal money and interest of which payment is secured for time
being is called mortgage money.

❖ There are six kinds of mortgages

1) Simple Mortgage

2) Mortgage by Conditional Sale

3) Unsufructuary Mortgage

4) English Mortgage

5) Mortgage by Deposit of Title Deeds

6) Anamolous Mortgage

Essential conditions of a mortgage:

1. There is a transfer of interest to the mortgagee.

2. The interest created in specific immovable property.

3. The mortgage should be supported by consideration.

Rights of Mortgagor

1. Right of Redemption

2. Right to transfer to a third party

3. Right to inspection and production of documents

4. Right to accession

5. Right to improvement

6. Right to a renewed lease

7. Right to grant a lease

Liabilities of Mortgagor

1. Covenant for title

2. Covenant for the defence of the title

3. Covenant for payment of public charge

 4. Covenant for payment of rent

5. Covenant for the discharge of prior mortgage

Rights of Mortgagee

1. Right to foreclosure or sale

2. Right to sue

3. Right to sell

4. Right to appoint a receiver

5. Right to accession to mortgaged property

6. Right to proceed of revenue sale or compensation on acquisition

Liabilities of Mortgagee

1. Duty to manage the property

2. Duty to collect rents and profits

3. Duty to pay rent, revenue and public charges

4. Duty to make necessary repairs

5. Duty not to commit any destructive act

6. Duty to keep the accounts

EXCHANGE DEED
❖ In exchange, there is a transfer of ownership of one thing for the ownership of some other thing. Transfer of
ownership for consideration of money is called sale whereas, without consideration, it is called gift. Therefore,
where a property is changed

❖ Section 118 defines ‘exchange’ as When two persons mutually transfer the ownership of one thing for the
ownership of another, neither thing nor both things being money only, the transaction is called an exchange.

❖ Exchange includes barter of goods for movable property. Their provisions apply to exchanges of both movable
and immovable properties.

Essential elements of Exchange

1. Transfer of ownership

2. Properties can be movable or immovable.

3. Exchange also includes barter

4. Mode of transfer – The formalities of section 54 are to be complied with for transfer through exchange. Where
both the properties are movable, an exchange may be effected only by delivery of possession without
registration. Where the properties are immovable and of value less and Rs. 100, registration is optional, but
in case the value of immovable properties is more than Rs. 100, registration of the document is compulsory.
PARTNERSHIP DEED
❖ A partnership is an arrangement between two or more people to oversee business operations and share its
profits and liabilities.

❖ In India, all the aspects and functions of the partnership are administered under ‘The Indian Partnership Act
1932’. This specific law explains that partnership is an association between two or more individuals or parties
who have accepted to share the profits generated from the business under the supervision of all the members
or behalf of other members.

Advantages of Partnership:

1. Easy Formation

2. Large Resources

3. Flexibility

4. Sharing Risk

Combination of different skills

Features of Partnership

1. Agreement between Partners

2. Two or More Persons

3. Sharing of Profit

4. Business Motive

5. Mutual Business

6. Unlimited Liability

Types of Partnerships

1. General Partnership (each partner represents the firm with equal right)

2. Limited Partnership (includes both the general and limited partners)

3. Limited Liability Partnership (partners have limited liability)

4. Partnership at Will (no clause mentioned about the expiration of a partnership)

POWER OF ATTORNEY
 A Power of Attorney is a legal document by which one person gives the right to perform or powers of
transacting in matters relating to property, banking, legal and judicial proceedings, tax payments, etc, to
another person due to certain reasons like being out of country, or getting old, or not able to look after one’s
duties in those matters etc.

 Hence in short power of Attorney is an authority given by a written formal instrument whereby one person
termed the donor or principal authorises another person termed the donee, attorney or agent to act on his
behalf.
  In Blacks dictionary it is described as the instrument by which a person is authorized to act as an agent of the
granting it.

 This is based on the principle of law of agency. In case of State of Rajasthan vs. Basant Nehata the Court held,
grant of power of attorney is essentially governed by Chapter X of the Contract Act.

 There are mainly two types : General Power of Attorney and Special Power of Attorney.

 General power of attorney is a broad authorization of power to the agent. The agent entitled to make
decisions on all matters on behalf of his principal.

 Special power of attorney is narrow mandate authorization. The agent is restricted to act only
specific/particular matters or transaction for the principal.

 Different power of attorney can be executed to different agents conferring different powers. The power of
the agent expires on the completion of the transaction.

 Registration of power of attorney is not compulsory, it is optional. But If a power of attorney is in respect of
an immovable property of value more than Rs100 it must be registered.

 An agent cannot by his acts bind the principal to a larger extent than he is empowered to do under the power
of attorney.

 Conditions for termination of power of attorney is mentioned in section 201 of Contract Act.

PROMISSORY NOTE
Section 4 of Negotiable Instrument Act defines Promissory Note as : Promissory Note is an instrument in writing (not
being a bank note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain
sum of money only to, or to the order of certain person, or to the bearer of the instrument”

Conditions for a Valid Promissory Note:

1. Must be in writing signed by the maker

2. Two parties and must be two separate persons; Promisor and Promisee

3. Unconditional Undertaking

4. Regarding payment of certain sum of money

5. Either to the order or to the bearer of the instrument

6. Should be properly stamped and cancelled.

7. Delivery of the instrument is essential.

8. Not being a bank note or currency note

BILL OF EXHANGE
According to Section 5 “A bill of exchange is an instrument in writing containing an unconditional order signed by the
maker directing a certain person to pay a certain sum of money only to, or to order of, a certain person or to the
bearer of the instrument”.

Conditions for a valid bill of exchange

 1. In writing signed by the maker

2. Unconditional order / direction

3. Specifying a certain person as drawee

4. Payment of certain sum of money

5. To himself or to his order or to the bearer of the instrument.

6. Dated and stamped

7. Acceptance by the drawee is needed for making him liable

MEMORANDUM OF ASSOCIATION
A company is formed when a number of people come together for achieving a specific purpose. This purpose is usually
commercial in nature. Companies are generally formed to earn profit from business activities. To incorporate a
company, an application has to be filed with the Registrar of Companies (ROC). This application is required to be
submitted with a number of documents.

Memorandum of Association and Articles of Association are the two basic documents of a company to be submitted
for registration of the company.

Memorandum of Association (MOA) is a legal document that specifies the scope of business activities of the company
and information about the shareholding of the company. Sometimes, it is called the charter of the company.

It is mandatory for every company to have a Memorandum of Association which defines the scope of its operations.
Once prepared, the company cannot operate beyond the scope of the document. If the company goes beyond the
scope, then the action will be considered ultra vires and hence will be void.

As per Section 2(56) of the Companies Act,2013 “memorandum” means the memorandum of association of a
company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act.

It has to be filed with the Registrar of Companies during the process of incorporating a company. It is the document
that regulates the company’s external affairs, and complements the articles of association which cover the company’s
internal constitution. It contains the fundamental conditions under which the company is allowed to operate.

It is a public document according to Section 399 of the Companies Act, 2013. Hence, any person who enters into a
contract with the company is expected to have knowledge of the MOA.

Features of Memorandum;

1. Determines the area of operation

2. Determines the relationship of the company with outsiders

3. Fixed charter of the company

4. Basis of incorporation

Elements of Memorandum

Section 4 of the Companies Act,2013 deals with MOA. The Memorandum of a company shall contain the following;

1. Name Clause: The name of the company with the last word “Limited” in the case of a public limited company,
or the last words “Private Limited” in the case of a private limited company.
 2. Situation/ Registered State Clause: The state in which the registered office of the company is to be situated.

3. Object Clause: The objects for which the company is proposed to be incorporated and any matter considered
necessary in furtherance thereof.

4. Liability Clause: The liability of members of the company, whether limited or unlimited.

5. Capital Clause: The amount of share capital with which the company is to be registered and the division
thereof into shares of a fixed amount and the number of shares which the subscribers to the memorandum
agree to subscribe.

6. Subscriber Clause: It contains the names and addresses of the first subscribers.

ARTICLES OF ASSOCIATION
Articles of association form a document that specifies the regulations for a company's operations and defines the
company's purpose. The document lays out how tasks are to be accomplished within the organization, including the
process for appointing directors and the handling of financial records. Hence memorandum deals with the external
dealings of a company but Articles deals with the internal affairs of a company.

But the Articles of Association are subordinate to the memorandum. Thus, while framing the Articles of Association it
is very important to keep in mind that the Articles do not, in any way contradict or exceed the scope of the
memorandum.

The Articles of Association form a contract between members of the company and between the company and its
members.

Features of Articles of Association

1. Bind the company with its members.

2. Bind the members with each other.

3. They are not concerned with the outside world, they only deal with the internal affairs of the company which
are essential for the smooth functioning of the business.

As per Section 2(5) of the Companies Act,2013 “articles” means the articles of association of a company as originally
framed or as altered from time to time or applied in pursuance of any previous company law or of this Act.

Section 5 of the Companies Act,2013 deals with AOA.

The articles of a company shall contain the regulations for management of the company. The articles shall also contain
such matters, as may be prescribed. It shall be not prevent a company from including such additional matters in its
articles as may be considered necessary for its management.

Content of the Articles of Association

There is no specific clause that the Articles should contain, they can be drafted as per the requirements of the
company. The following are some of the important contents in an Article:

1. Rights of shareholders.

2. Liabilities, duties and powers of the directors.

3. Accounts and audits.

 4. Minutes of meetings.

5. Rules regarding use of common seal.

6. Procedure for winding up of the company.

7. Borrowing powers of the company.

8. Procedure for transfer of shares.

9. Procedure for alteration of the share capital of the company.

10. Procedure for maintaining the financial records of the company.

11. Determine the Accounting period.

Determine the procedure for passing a resolution. etc