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B.A.LL.B. (HONS.) SIXTH SEMESTER S

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UPDATED JANUARY 2013

B.A.LL.B. (HONS.) SIXTH SEMESTER PAPER - I

PENAL LAW - (II) ACADEMIC SESSION MARKS: (80)

(2012-2013)

MODULE I OFFENCES AFFECTING THE HUMAN BODY

Offences affecting Life (Sections 299-318) Hurt and aggravated form of Hurt (Sections 319-338) Wrongful Restraint and Wrongful Confinement (Sections 339-348) Criminal Force and Assault (Sections 349-358)

MODULE II OFFENCES AFFECTING THE HUMAN BODY AND PROPERTY

Offences Affecting the Human Body Kidnapping, Abduction, Slavery and Forced Labour (Sections 359-374) Sexual Offences (Sections 375-377) Offences against property Theft and Extortion (Sections 378-389) Robbery and Dacoity (Sections 390-402)

MODULE III OFFENCES AGAINST PROPERTY

Criminal Misappropriation of Property and Criminal Breach of Trust (Sections 403-409) Offences relating to Stolen Property (Sections 410-414) Cheating and Mischief (Sections 415- 440) Criminal Trespass (Sections 441-462)

MODULE IV SPECIFIC OFFENCES

Offences relating to Marriage (Sections 493-498) Cruelty by husband or relatives of Husband (Section 498A) Defamation (Sections 499-502) Criminal Intimation, Insult and Annoyance (Sections 503-510)

SUGGESTED READINGS 1. Gaur, K.D., Commentary on Indian Penal Code, Universal Law Publishing Company, Delhi 2. Lal, Ratan and Dhiraj Lal, Indian Penal Code, Wadhwa and Company, Nagpur. 3. Misra, S.N., Indian Penal Code, Central law Agency, Allahabad. 4. Gaur, K.D., Criminal Law, Lexis Nexis, Butterworths, New Delhi. 5. Gaur, K.D. Criminal Law: Cases and materials, Lexis Nexis, Butterworths 6. Gaur, K.D., Text Book on the Indian Penal Code, Universal Law Publishing Company, Delhi. 7. Kenny, Outlines of Criminal Law, Universal Law Publishing Company, Delhi 8. Ashworth, A., Principles of Criminal Law, Oxford University Press, New York. 9. Mishra, S.K. Criminal Law of India (Indian Penal Code), Allahabad Law Agency, Faridabad. 10. Nelson, R.A., Indian Penal Code, Ninth Editions, Lexis Nexis, Butterworths 11. Pillai, K.N.C., Essays on Indian Penal Code: Indian Law Institute, New Delhi. 12. Pillai, P.S.A., Criminal Law, Lexis, Nexis, Butterworths, New Delhi. 13. Srivastava, S.S., Criminal Law, Central Law Agency, Allahabad. 14. Tondon, R. Indian Penal Code, Allahabad Law Agency, Faridabad. 15. Turner, J.W.C., Outlines of Criminal Law, Universal Law Publishing, Delhi. 16. Crime in India-2011, National Crime Records Bureau


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PAPER - II

CORPORATE LAW - (II) ACADEMIC SESSION MARKS: (80)

(2012-2013)

MODULE I MEMBERSHIP AND SHAREHOLDING

MEMBERSHIP OF COMPANY SHARE CAPITAL ALLOTMENT OF SHARES TRANSFER OF SHARES

MODULE II

REGISTRATION OF CHARGE

CHARGES DEBENTURES - Nature and Kinds PAYMENT OF INVESTMENTS DIVIDENDS

MODULE III

INVESTIGATION AND PREVENTION OF MISMANAGEMENT

ACCOUNTS AND AUDIT INVESTIGATION MAJORITY RULE PREVENTION OF OPPRESSION AND MISMANAGEMENT

MODULE IV RECONSTRUCTION AND WINDING UP

COMPROMISE AND ARRANGEMENT RECONSTRUCTION AND AMALGAMATION WINDING UP, KINDS OF WINDING UP PROCEDURE OF WINDING UP

SUGGESTED READINGS

(1) Garg, K.C. and Vijay Gupta, Company Law (2) Majumdar, A.K., Company Law and Practice (3) Singh, Avtar, Company Law (4) Datey, V.S.,Elements of Company Law (5) Anantharaman, K.S., Lectures on Company Law and Competition Act


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PAPER - THIRD

TAXATION LAWS ACADEMIC SESSION MARKS: (80)

(2012-2013)

MODULE - I

TAX - Meaning; Types; Canons of Taxation

INCOME TAX ACT, 1961 - Relationship between Income Tax Act and Finance Act

BASIC CONCEPTS Person, Assessee; Income; Assessment Year; Previous Year

RESIDENTIAL STATUS AND SCOPE OF TOTAL INCOME - Residential Status and Nationality; Types of Residential Status; Determination of Residential Status of Different Types of Assessees; Scope of

Total Income; Income Received or Deemed to be Received ; Income Accruing or Arising; Incomes

Deemed to Accrue or Arise in India

EXEMPTED INCOMES Meaning; Examples of Exempted Incomes under Section 10

TOTAL INCOME Income Under Different Heads; Income Under the Head Salary Basis of Charge; Allowances; Perquisites; Profit in Lieu of Salary; Deductions from Gross Salary

MODULE - II

INCOME FROM HOUSE PROPERTY Basis of Charge; Meaning and Determination of Annual Value in Case of Let Out House and Self Occupied House; Deductions from Annual Value

PROFIT AND GAINS FROM BUSINESS OR PROFESSION Basis of Charge; Expressly Allowed Deductions; Expressly Disallowed Deductions; Methods of Accounting; Compulsory Maintenance of

Books of Account; Tax Audit; Presumptive Taxation.

INCOME UNDER THE HEAD CAPITAL GAINS Basis of Charge; Meaning of Capital Asset and Transfer; Computation of Short Term Capital Gain and Long Term Capital Gain; Meaning of Cost of

Acquisition and Cost of Improvement; Exempted Capital Gains.

INCOME FROM OTHER SOURCES Basis of Charge; Gift as Income; Deductions

MODULE - III

CLUBBING OF INCOMES Cases Where Income of Others is added in Assessees Total Income; Revocable Transfer

SET OFF AND CARRY FORWARD OF LOSSES Rules Regarding Set Off of Losses; Carry Forward and Set Off of Losses under the Head Income from House Property; Business Losses and Losses under

the Head Capital Gains.


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DEDUCTIONS ALLOWED FROM GROSS TOTAL INCOME Meaning of Gross Total Income; Deductions in Respect of Certain Payments Savings; Payment of Medical Insurance Premium; Loan

Taken for Higher Education; Donations; Deductions in Respects of Certain Incomes Under Sections

801A; 801B and 80U of Income Tax Act, 1961

INCOME TAX AUTHORITIES Administrative and Appellate Authorities; Powers of Assessing Officers

MODULE - IV

ASSESSMENT PROCEDURE - Rules Regarding Filing of Return of Income; Types of Assessment; Self Assessment; Regular Assessment; Best Judgment Assessment

COLLECTION OF TAX - Deduction of Tax at Source; Salaries; Interest on Securities; Interest Other Than Interest on Securities; Lotteries Fees for Professional or Technical Services and Royalty

ADVANCE TAX When Liability to Pay Advance Tax Arises; Advance Tax Liability Under Different Situations; Interest Payable by the Assessee or Government

SERVICE TAX - Historical Background; Service Tax - Concept and General Principles; Payment of Service Tax; Filing of Returns

SUGGESTED READINGS

(1) Ahuja and Gupta, Direct Tax Laws, Taxmann's Publication, New Delhi (2012).

(2) Ahuja, G., Systematic Approach to Income Tax, Bharat Law House, Delhi (2012).

(3) Aiyar, A.N., Income Tax Laws, Company Law Institute of India, Chennai (2000).

(4) Balachandran, V., Indirect Taxes, Sultan Chand and Sons, New Delhi (2008).

(5) Bhargava, U.K., Taxmaan's Income Tax Rules and Forms, Taxmann Publication, New Delhi (2009).

(6) Datey, V.S., Indirect Taxes - Law and Practice, Taxman Publications, New Delhi (2009).

(7) Davies, W. Williams and Geoffery Morse, Principles of Tax Laws, Sweet and Maxwell, London(2004).

(8) Gaur and Narang, Income Tax Law and Practice, Kalyani Publishers, Ludhiana (2012).

(9) Kanga and Palkhivala, Law and Practice of Income Tax, Lexis and Lexis, New Delhi (2004).

(10) Manoharan, T.N., Income Tax Law, Snow White Publication, Mumbai (2007).

(11) Mehrotra, H.C., Income Tax and Sales Tax, Sahitya Bhawan, Agra (1993).

(12) Morse, G., Davies, Principles of Tax Law, Sweet and Maxwell, London (2004).

(13) Singhania, Vinod K. and Singhania Monika, Taxmanns Students Guide to Income Tax, Taxmann

Publication Private Limited, New Delhi (2012).

(14) Tuli, Arvind, Income Tax Law and Practice, Kalyani Publishers, Ludhiana (2008).

(15) Veera Reddy, P., Guide to Service Tax, Asia Law House, Hyderabad (2007).


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PAPER - FOURTH CRIMINAL PROCEDURE CODE, 1973

ACADEMIC SESSION MARKS: (80) (2012-2013)

MODULE I INTRODUCTION TO CRIMINAL PROCEDURE CODE

CONSTITUTION OF CRIMINAL COURTS FUNCTIONARIES UNDER THE CODE JURISDICTION OF CRIMINAL COURTS FAIR TRIAL

MODULE II INVESTIGATION AND PREVENTIVE MEASURES

INVESTIGATION BY POLICE ARREST, SEARCH AND SEIZURE PROCEDURE TO SECURE THE ATTENDANCE OF THE ACCUSED MAINTENANCE OF WIVES AND CHILDREN

MODULE III TRIAL

COGNIZANCE OF OFFENCES, CHARGES AND FRAMING OF CHARGES PLACE OF TRIAL TRIAL BY MAGISTRATE AND TRIAL BY COURT OF SESSIONS LIMITATION FOR TAKING COGNIZANCE JUDGMENT

MODULE IV OTHER PROCEDURE

APPEAL, REFERENCE AND REVISION TRANSFER OF CASES BAIL INHERENT POWERS OF COURT PLEA BARGAINING AND VICTIM COMPENSATION EXECUTION OF SENTENCES

SUGGESTED READINGS

(1) Kelkar, R.V., Criminal Procedure, Eastern Book Company (2) Sarkar, S.C., Code of Criminal Procedure, Lexis Nexis (2012). (3) Rattanlal and Dhirajlal, Code of Criminal Procedure, Allahabad Law Agency (2011). (4) Shailender Malik, Code of Criminal Procedure, Allahabad Law Agency (2011).


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PAPER - FIFTH

FUNDAMENTAL OF INTELLECTUAL PROPERTY RIGHT


MODULE I INTELLECTUAL PROPERTY RIGHTS

MEANING; TYPES OF INTELLECTUAL PROPERTY UNDER TRIPS; ORIGIN AND FUNCTIONS OF WIPO

THE COPYRIGHT ACT, 1957: Introduction; Subject-Matter; Ownership

ECONOMIC RIGHTS; MORAL RIGHTS

PERMITTED ACTS; INFRINGEMENT

MODULE II THE PATENTS ACT, 1970

OBJECTIVE; SALIENT FEATURES; PATENTABLE AND NON-PATENTABLE INVENTIONS

PROCEDURE FOR REGISTRATION; SECRECY PROVISIONS; PATENT OF ADDITION;

REMEDIES FOR THE INFRINGEMENT

GROUNDS OF OPPOSITION AND REVOCATION

MODULE III THE TRADE MARKS ACT, 1999

MEANING; FUNCTIONS; DEFINITIONS

PROCEDURE FOR REGISTRATION

INFRINGEMENT OF TRADEMARKS; PASSING OFF ACTION FOR INFRINGEMENT OF TRADE MARK

REMEDIES FOR INFRINGEMENT

MODULE IV LAWS RELATING TO DESIGN AND GEOGRAPHICAL INDICATIONS

THE DESIGNS ACT, 2000: Object and Concept; Registration of Design

CANCELLATION OF DESIGN

THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999: Object and Definitions

PROCEDURE FOR REGISTRATION AND REMEDIES


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SUGGESTED READINGS (1) Ahuja, V.K. Law Relating to Intellectual Property Rights, Lexis Nexis, Butterworth, New Delhi (2007).

(2) Wadehra, B.L., Law Relating to Patents, Trade Marks, Copyright, Design and Geographical

Indications, Universal Law Publishing Company, Limited, New Delhi (2007).

(3) Anderman, Steven D., The Interface Between Intellectual Property Right and Competition Policy, Cambridge University Press, New York (2007).

(4) Bently, Lioner, Intellectual Property Law, Oxford University Press, Delhi (2004).

(5) Cornish, W.R., Intellectual Property, Patents, Copyright, Trade Marks and Allied Rights, Sweet and

Maxwell, London (1999).

(6) David, Bainbridge, Intellectual Property, Pearson Education, Singapore Private Limited (2003).


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PAPER - SIXTH CONFLICT OF LAWS


MODULE I CONCEPT AND CLASSIFICATION

NATURE AND SCOPE OF PRIVATE INTERNATIONAL LAW HISTORICAL DEVELOPMENT OF PRIVATE INTERNATIONAL LAW CLASSIFICATION INCIDENTAL QUESTION

MODULE II RENVOI, FOREIGN LAW

RENVOI SUBSTANCE PROCEDURE THE PROOF OF FOREIGN LAW EXCLUSION OF FOREIGN LAW

MODULE III DOMICILE, JURISDICTION AND FOREIGN JUDGMENTS

DOMICILE, NATIONALITY AND RESIDENCE JURISDICTIONAL ISSUES LIMITATIONS ON JURISDICTION FOREIGN JUDGMENTS AND ARBITRAL AWARDS

MODULE IV LAW OF OBLIGATION AND PROPERTY, FAMILY LAW

CONTRACTS, TORTS, RESTITUTION MOVABLES AND IMMOVABLES MARRIAGE AND MATRIMONIAL CAUSES CHILDREN AND LEGITIMACY

SUGGESTED READINGS

(1) Setalvad, Atul M., Conflict of Laws, LexisNexis Butterworths, New Delhi (2007). (2) Paras Diwan, Conflict of Laws, Central Law Agency (3) Barash, David P. and Charles P. Webel, Peace and Conflict Studies, Sage Publications,

California (2002). (4) Brilmayer, Lea, Conflict of Laws: Cases and Materials, Fourth Edition, Little Brown and

Company, Toronto (1995). (5) Clarkson, C.M.V. and Jonathan Hill, The Conflict of Law, Oxford University Press, New York

(2006). (6) Fawcett, James, Reforms and Development Private International Law, Oxford University, Press,

New York (2006). (7) Hay, Peter, Russell J. Weintraub and Patrik J. Borches, Conflict of Laws: Cases and Materials,

Eleventh Edition, Foundation Press, New York (2000). (8) Hayward, Ruth, Conflict of Laws, Cavendish Publications, Sydeny (2006). (9) John O'Brien, Smith's Conflict of Laws, Cavendish Publishing Limited, London (1999). (10) Maclean Murris, David, Conflict of Laws, Sweet and Maxwell, London (2005). (11) Mayss, Alba J., Principles of Conflict of Laws, Cavendish Publishers, London (1996).


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(12) McClean Morris, J.D., The Conflict of Laws, Universal Law Publishing Company Private Limited,

New Delhi (2004). (13) Moloney, Nianch and Lord Templeman (ed.), Conflict of Laws, Old Bailey Press, Great Britain

(2001). (14) Nandan Kamath, Law Relating to Computers Internet and E- Commerce, Universal Law

Publishers, New Delhi (2001). (15) North, P.M. and J.J. Faurett, Cheshire and Norths Private International Law, Oxford University

Press, New York (2006). (16) R.S. Chavan, Indian Private International Law, Sterling Publishers, New Delhi (1982).

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