Q Bank - Pleadings/drafting - Law Assistant & Chief Law Asst. Departmental Exam

Q Bank - Pleadings/drafting - Law Assistant & Chief Law Asst. Departmental Exam

1. Legal system heavily depends on law journals, manuals, digests and case law citations. What are they? Explain with examples.

2, Stores Department has invited tenders for supply of Electro Volt Equipment. Tenders were finalized and the lowest offer was accepted. Though the equipment consists of expensive metals like copper and silver, there is no price variation clause applicable to this particular tender. But there is a condition that makes the tenderer liable for loss in case he fails to supply on acceptance his tender. Acceptance was communicated through advance letter acceptance, briefly indicating price, quantity, consignee, inspection, transport, taxes etc. In the said letter, it is clearly mentioned that detailed purchase order will follow and advance acceptance letter shall be treated as concluded contract. The validity of tenders is for 90 days within which letter of acceptance was issued. Subsequently Stores Department has sent formal purchase order by which time 90 days has expired.

The tenderer, returned the P.O. with a covering letter containing following objections

[a] PO was issued after expiry of tender validity.

[b] Prices of silver copper which are raw material to the product have gone up steeply, hence price quoted in the tender not workable.

[c] Withdraw the PO.

Whether contentions of tenderer are correct? Whether Stores Department can withdraw the PO or recover loss from the firm. Discuss?

3. An employee, working as Head Clerk with pay of Rs. 6950/- was sanctioned HBA of Rs. 4.5 lakhs. After one year of sanction, he absented himself unauthorizedly for a period of two years. Disciplinary Action was initiated against him which concluded with a penalty of removal from service. His PF balance was of Rs. 25,000/- at the time of his removal. How to recover balance HBA amount from the ex-employee. If money suit is to be fid, draft a plaint.

4. M/s Excellent Builders were awarded a contract for supplying and dumping of 5000 m3 [Cubic meter] of 50 mm gauge machine crushed store ballast from KM 260/0 to 264/0, 250/0 to 240/0 and 268/0 to 270/0 between Bellampalli and Ramagundam stations. The agreed rate is Rs. 550/- per cubic meter of ballast. Total value of contract work is Rs. 27,50,000/-. Letter of acceptance was issued on 27-3-01 with due date of completion of the work as 26-1-2002. Contractor could not complete the work within time. At his request, currency of the agreement was extended 30-7-2002 without penalty. He feinted to show progress. Ultimately contract could collect only 2500 m3 of ballast and he was paid Rs. 13,25,000/-. Balance work was done by another agency. Loss due to this arrangement was Rs. 5.5. lakhs. Rs. 1.5 lakhs SD available with Rlys is forfeited. Prepare a plaint to recover the Railway dues.

5. An exparte order is passed against ‘XYZ’ in a suit. You are the Advocate of ‘XYZ’. You could not attend court since your father had to be rushed to hospital on that date. Draft affidavit and petition for setting aside exparte orders. [Use imaginary details matching the context for court, suit no. cause title, date, place etc].

6. Application is filed by ‘XYZ’ claiming compensation against Railway Administration as carrier of goods alleging negligence in carriage of his parcels. Draft a written statement taking all possible general defences. [Use imaginary details matching with context for the forum, case no., cause booking details, date, place etc].

7. Imagine you are an advocate. ‘ABC’ approaches you to file a suit for recovery of amounts loaned to ‘XYZ’, 2 years ago based on a promissory note. Draft a plaint.

 [Use imaginary details matching the context for forum, cause to the, amount, date place etc]

8. Draft a notice to Railway Administration on behalf of your client claiming compensation for non-delivery of goods. [use imaginary details matching the context, for goods, booking details, consignee, value, date, place etc]

9. [a] Draft a GPA for ‘ABC’ authorizing ‘XYZ’ to negotiate and enter into sale agreement with respect to landed property in Hyderabad.

[b] What is the legal provision regarding registration of GPA and stamp duty payable on it.

10. Cloak room contract is to be awarded for two years to M/s ABC to run Secunderabad Railway Station cloak room. Draft an agreement 

[Use imaginary details matching the context regarding license fee, security deposit, power supply, labour employment, cloak room changes, other mandatory clauses etc]

11. ‘X’ is working as Senior clerk. He was appointed by DPO in 1990. While working at Secunderabad, he was removed by Sr.DPO from service in 1995 without conducting enquiry as he was convicted in a criminal case. Challenging his removal, he filed a case before CAT/Kolkata where he settled, in 2005. Draft a written statement/counter in support of the stand taken by the Department by taking all possible defences.

12. ‘ABC Ltd’ has been awarded contract for keeping gardens/lawn at station ‘X’ for a period of two years. As per the agreement, the contractor has maintain the gardens/lawn to the satisfaction of the Railway authorities. In lieu of maintenance, the contractor has been allowed to erect some advertisement boards. However, Railway authorities found that the garden/lawns were not being maintained properly and as per the instructions. Draft a notice to be issued to the contractor for termination of the contract.

13. XYZ Company of Calcutta is awarded contract for providing computers to Railways within 3 months. However, they failed to supply the same even after 6 months. Railways invoked risk purchase clause and forfeited SD. However, still some more amount is to be recovered from the company. Railways decided to initiate legal action against the firm. Draft a plaint.

14. 'X’ selected for the post of traffic apprentice. He has to undergo two years training at ZRTI. At the time of his appointment, he had made an agreement with Railways that he would serve Railways for five years after the training and on his failure to serve, he would refund the amount of training @ with 12% interest. However, after serving Railways for 6 months on completion of training, he left the job and joined a firm. Railways decided to invoke the agreement. Draft a plaint to recover the amount from him.

15. A tender is floated for a work contract at an estimated value of Rs. 25.41 lakhs, A,B,C,D,E,&F Total six tenderers participated. On opening of tenders, things noticed in tenders are as follows

[i] C became lowest tenderer by quoting -10% less than the estimated value. But in the tender box, another letter was found, purportedly written by C that, he wrongly quoted -10% in fact his rate is at +10%.

[ii] B&D quoted same rate, But B enclosed the experience certificate, whereas D did not, which is compulsory.

[iii] A has quoted his rate as Rs. 25,75 lakhs both in figures and words instead of percentage on the estimated value.

[iv] E signed for all pages of tender booklet except, at the places, One: declaration made to President of India that he understood all the tender conditions and he will abide by it, Second: under the schedule where he quoted his price.

[v] F enclosed an FDR towards EMD, whose date will expire few days after the date of opening of tender.

Which tenders are eligible to be placed before tender committee for the consideration.

16. One Dhiraj Singh purchased ticket from SC to KMT by a super fast express and boarded the train. Train slowed down at Dornakal Junction before Khammam where there is no scheduled stop. Dhiraj Singh tried to alight. But unfortunately he fell down, and came under wheels which resulted in his death. Some body pulled the alarm chain, train stopped. Both Station Master and Guard of the train, noted the incident and reported to the higher ups. Dependents of Dhiraj Singh filed claim petition before RC, Nagpur their place of residence under Sec. 124A of Railways Act. Whether the application is maintainable? Prepare your written statement.

17. M/s Hiralal & Co. Kolkatta was awarded with a contract for supply of one lakh fish plates at a cost of Rs. 58.65 lakhs. Time stipulated in the purchase order was six months. M/s Hiralal & Co. could supply only 25,000 numbers with in that period and sought extension of time. Extension of 3 months was granted with a penalty of Rs. 10,000/- as per conditions of contract. The firm supplied another 25,000/- fish plates, and thereafter none.

18. Railway was forced to terminate the contract and floated fresh tender for balance quantity. Tender was finalized in favour of Chamanlal & Co. at a higher price that that of M/s Hiralal, who completed the supply. Railway has quantified the loss to be of Rs. 6 lakhs which M/s Hiralal refused to pay. An amount of Rs. 1.25 lakhs due to M/s Hiralal is both dept. There is an arbitration clause in the agreement that any dispute or difference arising out of contract shall be referred to Sole Arbitrator, appointed by GM/SC Rly. Discuss how Railway dues can be recovered.

19. A money suit filed by X,Y and Z against P,Q and R where Y and Z are minors


[i] Who has to sign the plaint

[ii] X dies during the pendency of the suit. What happens to the suit?

[iii] P wants to makes a counter claims against X. How he should do it.

[iv] Can Y&Z depose before the Court ?

[v] Q accepts his liability. In what form he should tell to the court.

[vi] A decree is passed for Rs. 1,50,000/- against P, Q and R, jointly and severally. What is the liability of each of them?


20. DRAFT AN AGREEMENT WITH THE FOLLOWING DETAILS.


Cloak Room contract was awarded to M/s Deepak Enterprises, to run Secunderabad

Railway Station Cloak Room. 1. The contract is for three years. Commencing from 1-7-2006, Licence fee fixed was

1st year -- 10.5 lakhs }

2nd year -- 13.5 lakhs } Mode of payment.

3rd year -- 16.0 lakhs }

2] Security Deposit of Rs. 1.5 lakh to be paid in cash or Bank Guarantee.

3] Cloak Room premises, Power supply will be provided by Railways.

4] Contract has to employee his own men to run the contract.

5] Cloak Room charges are also fixed at Rs. 10/- per package for first 24 Hrs,

For next 24 Hrs or part there of -- Rs. 12/-.

For each subsequent 24 Hrs or part there of -- Rs. 15/-

6] Contractor has to indemnify Rlys from any loss, damage to the luggage due to fine or other accident, or theft etc.

7] Railway shall have the right to determine the contract in the event of default/failure in running the contract.

8] Termination of contract from either side.

9] Penalties for not adhering to agreement conditions.

10] Mechanism to resolve disputes arising out of the contract.