Basic Principles of Contract Drafting
The foundation for every legal relationship between two or more parties is established on a basis of a contract. A contract is a document containing a set of terms and clauses framed by the individuals, companies and/or other legal entities that specifically dictates the relationship between such individuals in the future. Once the contract is drafted, affirmed and signed by the parties, it must be registered. Please note that registration of a contract is a very important task that must be completed by the parties to the contract (refer to “why register a contract” in this article for more on this).
Law of Pleadings in India
The object of jurisprudence is to do justice to a just cause of an individual who approaches the court for justice. Every person who approaches the court seeking justice is called 'Suitor'. The statement of grievance filed before the court is called 'suit'. The judicial process starts with the institution or filing of the suit. The suit instituted or filed before the court is called plaint' and the suitor who files the suit is called the 'plaintiff. The opposite party against whom the suit is filed is called 'Defendant', and his contention or defence is called 'written statement'. The procedure regarding the institution of the plaint and other aspects are incorporated in various provisions of Civil Procedure Code, 1908, supplemented by rules and amendments framed by various State Governments. This subject is very critical for any law graduate we would recommend studying drafting pleadings course beyond regular curriculum.
What is pleading?
Order VI of Civil Procedure Code deals with pleadings in general. Order VII deals with plaint and Order VIII deals with written statement. Order VI, Rule 1 defines pleadings as follows:
Pleading shall mean plaint or written statement.
Fundamentals of Pleadings:
There is no specific form for pleadings. But there are certain fundamental Rules regarding pleadings. They derive their source from Civil Procedure Code. Order VI, Rule 2 of civil Procedure Code explains the fundamental rules regarding Pleading.
Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. RTI course certificate can be obtained by studying all the aspects which would make one fit to file RTI applications with confidence.This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Every day, over 4800 RTI applications are filed. In the first ten years of the commencement of the act over 17,500,000 applications had been filed.