Upload
others
View
9
Download
0
Embed Size (px)
Citation preview
SCHEME OF EXAMINATION
LL.B. (HONS.) THREE YEAR
FIRST YEAR
I SEMESTER
LLB-101 Indian Constitutional Law – I
LLB -102 Law of Contact – I & Specific Relief Act
LLB-103 Family Law – I (Hindu Law)
LLB-104 Labour and Industrial Laws
LLB-105 Law of Torts (Motor Vehicle Act and Consumer Protection
Act
LLB-106 Optional Paper (Choose any one)
A. Compensatory Discrimination
B. Law on Education
II SEMESTER
LLB- 201 Indian Constitution Law – II
LLB -202 Law of Contract – II
LLB -203 Law of Crimes - I
LLB -204 Family Law – II (Muslim Law)
LLB- 205 Jurisprudence
LLB- 206 Optional Paper (Choose any one)
A. Insurance Law
B. Women and Child Law
SECOND YEAR
III SEMESTER
LLB-301 Administrative Law
LLB-302 Law of Equity Trust and Fiduciary Relation
LLB-303 Offence against Child and Juvenile Offence
LLB-304 Environmental Law
LLB-305 P.I.L., Legal Aid and Para Legal Services (Practical Paper)
(60+40 )
LLB-306 Optional Paper (Choose any one)
A. Gender Justice
B. Corporate Finance
IV SEMESTER
LLB-401 Transfer Of Property Act
LLB-402 Company Law
LLB-403 Arbitration Conciliation And A.D.R. System
LLB-404 Public International Law And Human Rights
LLB-405 Legal And Professional Ethics (80 + 20)
LLB-406 Optional Paper (Choose Any One)
A. Socio Economic Offence
B. Media And Law
THIRD YEAR
V SEMESTER
LLB-501 Criminal Procedure Code
LLB-502 Law of Evidence
LLB-503 Interpretation of Statutes
LLB-504 Criminology and Penology
LLB-505 Drafting and Pleading (Practical Paper)
LLB-506 Optional Paper (Choose any one)
A. Health Law
B. Local Self Government – Including Panchayat
Administration
VI SEMESTER
LLB-601 Law Relating to Civil Procedure Code and Limitation Act
LLB-602 Banking Law (Including Negotiable Instrument Act)
LLB-603 Land Law (M.P L.R.C)
LLB-604 Intellectual Property Law
LLB-605 Moot Court (Practical Paper)
LLB-606 Optional Paper (Choose any one)
A. Taxation Law
B. Information Technology Law
LL.B. (HONS) PART I SEMESTER I PAPER-I,
CONSTITUTIONAL LAW-I
UNIT-I Introduction
Characteristics of federalism, Nature of Indian Constitution, Unitary form of Government,
Preamble.
UNIT-II Citizenship, Fundamental Rights
Citizenship Ar.5 to 11,State Ar. 12,Judicial Review Ar. 13 ,Fundamental Rights – Right to
Equality Ar. 14 to 18, Right to Freedom Ar. 19 to 22, Right against exploitation Ar. 23, 24,
Right to Religion Ar. 25 to 28, Cultural and Educational, Right of Minorities Ar. 29, 30, Right to
Constitutional Remedies Ar. 32 to 35.
UNIT-III Directive Principles, Fundamental Duties
Directive Principles of State policy Ar. 36 to 51.,Inter relationship between fundamental rights
and directive principles, Fundamental duties Ar. 51(A).
UNIT-IV Union Executive, Legislature and State Executive Legislature
Union Executive – the President, Vice President, Union Legislature – Council of Ministers,
Parliament ,State Executive – Governor, State Legislature – Vidhan Sabha – Vidhan Parishad
UNIT-V Union Judiciary and State judiciary
Union Judiciary - Supreme Court of India, State Judiciary – High Court.
Selected Bibliography –
1. V.N. Shukla Constitution of India
2. J.N. Pandey Constitutional law of India
3. D.D. Basu Constitution of India
4. M.P. Jain Constitution of India
5. H.M. Seervai Constitution law of India (Vols. 3)
SEMESTER I
PAPER II : LAW OF CONTRACT-I & SPECIFIC RELIEF ACT
UNIT I General Principles of Law of contract
History and nature of contractual obligations, Agreement and contract: definitions, elements and
kinds, Proposal and acceptance, Consideration, Capacity to contract, Free consent, Coercion,
Undue Influence, Misrepresentation, Fraud, Mistake, Legality of objects, Void agreements,
Unlawful considerations and objects, Void Agreements, Discharge of a contract and its various
modes, Quasi-contracts or certain relations resembling those created by contract, Remedies in
contractual relations.
UNIT II Government as a Contracting Party
Constitutional provisions - government power to contract- procedural requirements- kinds of
government contracts- their usual clauses- performance of such contracts- settlements of disputes
and remedies.
UNIT III Standard Form Contracts
Nature, advantages - unilateral character, principles of protection against the possibility of
exploitation- judicial approach to such contracts- exemption clauses - clash between two
standard form contracts- Law Commission of India's views, Multi-national Agreement
UNIT IV Strategies and constraints to enforce contractual obligations
Judicial methods- redressal forum, remedies,Other methods like arbitration, Lok Adalat, Nyaya
Panchayat and other such non formal methods ,Systemic constraints in settling contractual
disputes,Court fees, service of summons, injunctions, delay.
UNIT V Specific relief
Specific performance of contract, Contract that can be specifically enforced,Persons against
whom specific enforcement can be ordered, Rescission and cancellation, Injunction,Declaratory
orders,Discretion and powers of court.
Select bibliography
1. Beatsen (ed.), Anson's Law of Contract (27th ed. 1998)
2. P.S.Atiya, Introduction to the Law of Contract 1992 reprint (Claredon Law Series)
3. Avtar Singh, Law of Contract (2000) Eastern, Lucknow
4. G.C.Cheshire, and H.S.Fifoot and M.P. Furmston, Law of Contract (1992) ELBS with
Butterworths
5. M. Krishnan Nair, Law of Contracts, (1998)
6. G.H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint)
7. R.K.Abichandani,(ed.), Pollock and Mulla on the Indian Contract and the Specific Relief
Act (1999),
SEMESTER I
PAPER III: FAMILY LAW – I (HINDU LAW)
UNIT-I Introduction
Nature of Hindu Law,Hinduism, Origin and Development, Definitions.,Schools and Sources.
UNIT-II Marriage and Divorce
Marriage,Kinds, nullity of marriage.,Hindu marriage Act, 1955.,Special marriage Act,
1954.Divorce,Judicial separation, Restitution of conjugal rights.,Grounds for matrimonial
remedies.
UNIT-III Hindu Undivided Family
Joint family (Hindu undivided family),Coparcenaries, property under Mitakshara and Dayabhag
Partition and Re-union, women estate, stridhan.
UNIT-IV Gift, Wills and Adoption
Gifts, wills, Hindu adoption and maintenance Act, 1956,Hindu Minority and Guardian Ship Act,
1956.
UNIT-V Inheritance
General rules of SuccessionDisqualification relating to Succession,Hindu Succession Act,
1956,Religious Endowment.
Selected Bibliography
1. Paras Diwan, Law of Instestate and Testamentary Succession (1998), Universal.
2. Basu, N.D. Law of Succession (2000), Universal.
3. Kusum, Marriage and Divorce Law Manual (2000), Universal.
4. Manchanda, S.C. Law and Practice of Divorce in India (2000), Universal.
5. P.V. Kane, History of Dharmasastra Vol. 2 pt. 1 at 624-632 (1974).
6. Kuppuswami (ed.) Mayne's Hindu Law and Usage Ch. 4 (1986).
7. B. Sivaramaya, Inqualities and the law, (1985).
8. K.C. Daiya, "Population control through family planning in India." Indian Journal of
Legal Studies, 85 (1979).
9. J.D.M. Derrett, Hindu Law : Past and Present.
10. B.M. Gandhi – Hindu Law
SEMESTER I
PAPER IV : LABOUR AND INDUSTRIAL LAWS
UNIT-I General Introduction
Industrial Jurisprudence, Labour policy in India, Industrial revolution in India, evils of
Industrialization, Labour problems, Growth of labour legislation in India.
UNIT-II Industrial dispute Act, 1947
Short title, definition & authorities, Notice of change, Reference of certain, industrial disputes to
grievance settlements, Authorities, board, courts, tribunals., Power procedure & duties of
authorities., Strike, lock out, lay, Retrenchment, Penalties.
UNIT-III Trade Union Act, 1926.
Registration of trade union, recognition of trade union, Rights & Liabilities of registered trade
union, Regulation, Penalties & procedure.
UNIT-IV Wages
Payment of wages Act 1936, Minimum wages Act 1948, Introduction & definition, Minimum
wages : fixation & procedure., Authorities under the Act, Fixation of hours of work & wages,
Claims & their determination, Cognizance of offence, Maternity Benefit Act, Equal
Remuneration Act.
UNIT-V Factories Act 1948 and Insurance
Introduction, definition, registration & licencing, The inspecting staff, Health., Safety, Welfare,
Working hours of adults, Females and children not to be employed in hazardous jobs, Annual
leave with wages, Penalties & provisions, Employees State Insurance Act.
Select bibliography
1. John Bowers and Simon Honeyball, Text Book on Labour Law (1996), Blackstone,
London
2. Srivastava K.D., Commentaries on Payment of Wages Act 1936 (1998), Eastern,
Lucknow
3. Srivastava K.D., Commentaries on Minimum Wages Act 1948 (1995), Eastern, Luknow
4. Rao.S.B., Law and Practice on Minimum Wages (1999) , Law Publishing House,
Allahabad
5. Seth.D.D., Commentaries on Industrial Disputes Act 1947 (1998), Law Publishing
House, Allahabad
6. Srivastava K.D., Disciplinary Action against Industrial Employees and Its Remedies
(1990), Eastern Law books.
SEMSTER I
PAPER V : LAW OF TORTS (MOTOR VEHICALE ACT AND
CONSUMER PROTECTION ACT)
UNIT I Evolution of Law of Torts
England - forms of action - specific remedies from case to case,India - principles of justice
equity and good conscience - uncodified character advantages and disadvantages.
UNIT II Definition, Nature, Scope and Objects
A wrongful act- violation of duty imposed by law, duty which is owed to people generally (in
rem) - damnum sine injuria and injuria sine damnum. Fault, Liability without fault, Statutory
liability.
UNIT III Justification in Tort
Volenti non fit injuria, Necessity, private and public, Plaintiff's default, Act of God, Inevitable
accident, Private defense, Statutory authority, Judicial and quasi-judicial acts, Parental and quasi-
parental authority.
UNIT IV Extinguishment of liability in certain situations
Actio personalis moritur cum persona – exceptions, Standing, Who may sue - aggrieved
individual - class action - social action group,Statutes granting standing to certain persons or
groups, Who may not be sued. Doctrine of sovereign immunity and its relevance in India.
UNIT V Vicarious Liability
Basis, scope and justification, Special Relationships, Principal and agent, Corporation and
principal officer,
UNIT VI Torts against persons and personal relations
Assault, battery, False imprisonment, Defamation- libel, slander including law relating to
privileges, Marital relations, domestic relations, parental relations, master and servant relations.
UNIT VII Wrongs affecting property
Trespass to land, trespass ab initio, dispossession, Movable property- trespass to goods, detinue,
conversion, Torts against business interests - injurious falsehood, misstatements, passing off.
UNIT VIII Negligence, Nuisance, Absolute/Strict liability, Legal remedies
Basic concepts, Theories of negligence, Liability due to negligence, Definition, essentials and
types nuisance, The rule in Rylands v. Fletcher, Consumer movements: historical perspectives,
Consumer, the concept, Unfair Trade Practices, Consumer of goods, Supply of essential
commodities, Consumer Safety, Enforcement of consumer rights, Motor Vehicle Act.
Select bibliography
1. Salmond and Heuston - On the Law of Torts (2000) Universal, Delhi.
2. D.D.Basu, The Law of Torts (1982), Kamal, Calcutta.
3. D.M.Gandhi, Law of Tort (1987), Eastern, Lucknow
4. P.S.Achuthan Pillai, The law of Tort (1994) Eastern, Lucknow
5. Ratanlal & Dhirajlal, The Law of Torts (1997), Universal, Delhi.
6. Winfield and Jolowiz on Tort (1999), Sweet and Maxwell, London.
7. Saraf, D.N., Law of Consumer Preotection in India (1995), Tripathi, Bombay
8. Avtar Singh, The Law of Consumer Protection: Principles and Practice (2000), Eastern
Book Co.,Lucknow
9. J.N.Barowalia, Commentary on Consumer Protection Act 1986 (2000), Universal, Delhi.
10. P.K.Majundar, The Law of Consumer Protection In India (1998), Orient Publishing Co.
New Delhi.
11. R.M. Vats, Consumer and the Law (1994), Universal, Delhi
SEMESTER I
PAPER VI : (A) COMPENSATORY DISCRIMINATION ( Optional)
UNIT-II Ameliorative Provision
Protection of Civil Rights Act, Educational Facilities; Tuition Waiver; Age Relaxation, Welfare
Programmes, Housing Preference for S.C./S and Economically Backward Classes Dependent
Women, Fiscal Law Special Provisions for the Benefit of SC/ST and Economically Backward
Classes.
UNIT-III Special Protection for SC/ST Backward Classes, Women Older Person
Article 15(4) Leading and Trend-Setting Cases,How Much Reservation?,Is Reservation a
Constitutional Right?,Identification of the Recipients of Compensatory Discrimination Should
Compensatory Discrimination be on Economic Criteria?
UNIT-IV Discrimination in Government Service Units
Articles 16(4) and 335,78th and 79th Constitution Amendment
UNIV-V Violence Against Weaker Sections
How far Compensatory Discrimination gives rise to violence?,Awareness of Rights on the Part
of SC/ST a cause of tension,Article 17 and Civil Right Protection Act,Meaning of Article 15(3).
Selected Bibliography –
1. V.N. Shukla Constitution of India
2. J.N. Pandey Constitutional law of India
3. D.D. Basu Constitution of India
4. M.P. Jain Constitution of India
5. H.M. Seervai Constitution law of India (Vols. 3)
SEMESTER I
PAPER VI : (B) Law on Education ( Optional)
UNIT I Education: Constitutional Allocation of Power
Articles 246 read with the Seventh Schedule, Concurrent List Entry 25.,Union List Entries 63,
64, 65, and 66.Gujarat University v. Srikrishna A.IR. 1963 SC 703,Why was education
transferred from the State List to the Concurrent List? Areas of Central legislation over
Education, the UGC Act, etc.
UNIT II Constitutional Goals
Right to Education, Free and compulsory education for children below 14 years.
UNIT III Equality of opportunity to education
Articles 14, 15, 16, 21, 29(2), 41 and 45,Reasonable classification,Affirmative action and the
deprived
UNIT IV Minority and Education
Minority Rights - Right to conserve distinct script and culture, Right to establish and administer
educational institutions of their choice, Minority Institutions - right to compensation, No
discrimination in grant-in-aid
UNIT V Government Control and Educational Institutions
Chancellor – Governor, How are Vice-Chancellors appointed? Government power to nominate
members on various university bodies and the role of these bodies, Zilla Parishad and Primary-
Secondary Schools Relationship, Funding of Education, Autonomy v. Social Control.
UNIT VI Fair Hearing in Educational Matters
Students - Discipline and Action, Mass copying, etc., Staff v. Management, Grievances, Rules of
Natural Justice
UNIT VII Dispute settlement Mechanism for Educational Institution
Chancellor,Educational Tribunals.Judicial Review, Market economy, education and the law
LL.B. (HONS) PART I SEMESTER II PAPER I
INDIAN CONSTITUTION LAW – II
Syllabus
1. Relations between union and States (Art. 245-293)
2. The State Liability (Art. 299-300)
3. Right to Property (Art. 300A)
4. Freedom of Trade Commerce and Intercourse (Ar. 301-207)
5. Services Under Union and States (UPSC and PSC)
6. Tribunals (Art. 323A-323B)
7. Elections Commission
8. Special Provision relating to J.K. (Art. 370)
9. Emergency Provisions (Art. 352-360)
10. Constitution Amendment (Art. 368)
Select bibliography
G. Austin, History of Democratic Constitution: The Indian Expenditure (2000) Oxford
D.D.Basu, Shorter Constitution of India, (1996), Prentice Hall of India, Delhi
Constitutent Assembly Debates Vol. 1 to 12 (1989)
H.M.Seervai, Constitution of India, Vol.1-3(1992), Tripathi, Bombay
M.P.Singh(ed.), V.N.Shukla, Constitutional Law of India (2000)' Oxford
G. Austin, Indian Constitution: Cornestone of a Nation (1972).
M. Galanter, Competing Equalities - Law and the Backward Classes in India (1984) Oxford
B. Sivaramayya, Inequalities and the Law (1984) Eastern, Lucknow.
S.C.Kashyap, Human Rights and Parliament (1978) Metropolitan, New Delhi
SEMESTER II
PAPER II: LAW OF CONTRACT - II (INDIAN CONTRACT ACT, INDIAN
PARTNERSHIP ACT, SALE OF GOODS ACT)
UNIT I Indemnity & Guarantee
The concept, Need for indemnity to facilitate commercial transactions., Methods of creating
indemnity obligations, Definition of Indemnity, Nature and extent of liability of the indemnifier,
Commencement of liability of the indemnifier, Situations of various types of indemnity
creations, Documents/agreements of indemnity, Definition of guarantee: as distinguished from
indemnity, Continuing guarantee.
UNIT II Bailment & Pledge
Definition of bailment, Kinds of bailees, Duties of Bailor and Bailee towards each other, Rights
of bailor and bailee,Finder of goods as a bailee, Definition of pledge under the Indian contract
Act, Rights of the pawner and pawnee.
UNIT III Agency
Identification of different kinds of agency transactions in day to day life in the commercial
world, Kinds of agents and agencies, Essentials of a agency transaction, Various methods of
creation of agency, Liability of the agent towards the principal,
UNIT IV Sale of Goods & Partnership
Concept of sale as a contract, the rule of caveat emptor and the exceptions thereto under the Sale
of Goods Act, Unpaid seller and his rights, Nature of partnership: definition, Distinct advantages
and disadvantages vis-à-vis partnership and private limited company, Registration of Partnership,
Dissolution of Partnership.
UNIT V Negotiable Instruments
The concept, various kinds, Essential requirements to make an instrument negotiable, holder and
holder in due course, cheques: rules regarding payment of cheque, dishonour of cheque and its
effect.
Select bibliography.
1. R.K.Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Acts (1999)
Tripathi, Bombay
2. Avtar Singh, Contract Act (2000), Eastern, Lucknow.
3. Krishnan Nair, Law of Contract,(1999) Orient
4. Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase (1998), Eastern,
Lucknow
5. J.P.Verma (ed.), Singh and Gupta, The Law of Partnership in India (1999), Orient Law
House, New Delhi.
SEMESTER II
PAPER III: FAMILY LAW – II (MUSLIM LAW)
UNIT I : Origin and Development of Muslim Law
Who is Muslim, Conversion to Islam,Nature and History of Mohammedan Law,Schools of
Muslim Law and Sources of Muslim Law
UNIT II Marriage
Kind of Marriage, (Nikah) (Muta Marriage),Option of Puberty, Divorce, Dissolution of Marriage
Marriage Act 1939,Mehar (Dowry)
UNIT III Guardianship
Guardianship – elements, types, Maintenance – liability
UNIT IV Will, Gift and Wakf
Wills, Gift, Doctrine of Musha and Pre-emption, Wakf
UNIT V Parentage and Inheritance
Parentage and Acknowledgement, Succession and Death bed transaction
Selected Books
1. A.A.A. Fyzee, Outline of Mohammedan Law, (1998) 2. Mullah, Mohammedan Law 3. Akil Ahmed, Mohammedan Law 4. Dr. Paras Diwan Muslim Law in Modern India
SEMESTER II
PAPER IV : LAW OF CRIME UNIT I General
Conception of crime,Pre-colonial notions of crime as reflected in Hindu, Muslim and tribal
law.,Macaulay's draft based essentially on British notions, Distinction between crime and other
wrongs.
UNIT II Elements of criminal liability
Author of crime - natural and legal person, Men rea - evil intention, Importance of mens rea,
Omission, Injury to another
UNIT III Group liability
Stringent provision in case of combination of persons attempting to disturb peace, Common
intention, Abetment, Instigation, aiding and conspiracy, Unlawful assembly, Rioting as a specific
offence
UNIT V Stages of a crime
Guilty intention - mere intention not punishable, Preparation, Preparation not punishable,
Attempt:
UNIT VI Factors negativing guilty intention
Mental incapacity, Minority, Insanity- impairment of cognitive faculties, emotional imbalance ,
Medical and legal insanity, Intoxication – involuntary, Private defence- justification and limits
UNIT VII Types of punishment
Death: Social relevance of capital punishment, Alternatives to capital punishment, Imprisonment
- for life, with hard labour, simple imprisonment, Forfeiture of property
UNIT VIII Specific offences against human body
Causing death of human beings, Culpable homicide, Murder, Distinction between culpable
homicide and murder, Specific mental element : requirement in respect of murder, hurt- grievous
and simple, Assault and criminal force, Wrongful restraint and wrongful confinement-
kidnapping from lawful guardianship and from outside India, Abduction
UNIT IX Offences against women
Insulting the modesty of woman, Assault or criminal force with intent to outrage the modesty of
woman, Causing miscarriage without woman's consent: Kidnapping or abducting woman to
compel her to marry or force her to illicit intercourse Rape:Cruelty by husband or his relatives
UNIT X Offences against Property
Theft, Cheating, Extortion, Robbery and dacoity, Mischief, Criminal misrepresentation and
criminal breach of trust
Bibliography
1. K.D. Gaur, Criminal Law: Cases and Materials (1999), Butterworths, India
2. Ratanlan-Dhirajlal's Indian Penal Code (1994 reprint)
3. K.D.Gaur, A Text Book on the Indian Penal Code (1998), Universal, Delhi.
4. P.S.Achuthan Pillai, Criminal Law (1995) Eastern, Lucknow.
5. Hidayathullaw,M., et.al., Ratanlal and Dhirajlats The Indian Penal Code (1994 reprint),
Wadhwa & Co., Nagpur.
6. B.M.Gandhi, Indian Penal Code (1996), Eastern, Nagpur
SEMESTER II
PAPER V – JURISPRUDENCE
UNIT I Introduction
Meaning of the term 'jurisprudence', Different types of normative systems, such as of games,
languages, religious orders, unions, clubs and customary practice,Nature and definition of law.
UNIT II Schools of Jurisprudence
Analytical positivism, Natural law, Historical school, Sociological school, Economic
interpretation of law, the Bharat jurisprudence, the Ancient: the concept of 'Dharma', the
Modern: PIL, social justice, compensatory jurisprudence
UNIT III Purpose of Law
Justice, Meaning and kinds, Justice and law: approaches of different schools, Power of the
Supreme Court of India to do complete justice in a case: Article 142, Feminist jurisprudence
UNIT IV Sources of Law
Legislation, Precedents: concept of stare decisis, Customs, Juristic writings
UNIT V Legal Rights: the Concept
Rights: kinds mRight duty correlation, Persons, Nature of personality Status of the unborn,
minor, lunatic, drunken and dead persons, Corporate personality, Dimensions of the modern
legal personality: Legal personality of non-human beings.
UNIT VI Possession: the Concept
Kinds of possession, Ownership :the Concept, Kinds of ownership, Difference between
possession and ownership, Title, Property: the concept , Kinds of property, Liability
UNIT VII Obligation: Nature and kinds
Sources of obligation, Procedure, Substantive and procedural laws: difference, Evidence:
Nature and kinds
Select bibliography
1. Bodenheimer Jurisprudence—The Philosophy and Method of Law (1996), Universal ,
Delhi.
2. Fitzgerald,(ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay
3. W. Friedmann, Legal Theory (1999) Universal, Delhi.
4. V.D. Mahajan, Jurisprudence and Legal Theory (1996 re-print) , Eastern, Lucknow
5. M.D.A Freeman (ed.), Lloyd's Introduction t Jurisprudence, (1994), Sweet & Maxwell
6. Paton G.W., Jurisprudence (1972) Oxford, ELBS
SEMESTER II
PAPER VI (OPTIONAL) - (A) INSURANCE LAW
UNIT I Introduction
Definition, nature and history of insurance, Concept of Insurance and law of contract and law of
torts future of insurance in globalized economy, History and development of insurance in India.
UNIT II General principles of law of Insurance
Contract of Insurance - classification of contract of insurance nature of various insurance
contracts, parties thereto, Principle of good faith-non-disclosure-misrepresentation in insurance
contract, Insurable interest.
UNIT III Life Insurance
Nature and scope of life insurance, definition, kinds of life insurance, the policy and formation
of a life insurance contract, Event insured against life insurance contract, Settlement of claim and
payment of money
UNIT IV Marine Insurance
Nature and scope, Classification of marine policies, The Marine Insurance Act1963, Insurable
interest, insurable value.
UNIT V Insurance Against Third Party Risks
The Motor Vehicles Act, 1988 (Chapter VIII), Nature and scope, persons governed, definitions
of 'use', 'drives', 'motor vehicle', requirements of policy, statutory contract between insurer and
drive rights of third parties, limitations on third party's rights duty to inform third party
UNIT VI Social Insurance in India
Important elements in social insurance, its need, Commercial insurance and social insurance,
Workmen's compensation - scope, risks covered, industrial accidents, occupational diseases, cash
benefits, incapacity, amount of compensation, nature of injuries, dependents, schedule, Sicknes
insurance, Adarkar scheme, Stack and Rao scheme for wage earners and others, risks covered,
maturity and other benefits.
Select bibliography
1. Singh, Bridge Anand, New Insurance Law (2000) Union Book Publishers, Allahabad.
2. Ivamy, Case Book on Insurance Law (1984), Butterworths.
3. Ivamy, General Principles of Insurance Laws (1993), Butterworths
4. John Birds, Modern Insurance Law (1988), Sweet and Maxwell
5. Sreenivasan. M.N., Principles of Insurance Law (1997), Ramaniya Publishers, Bangalore.
SEMESTER II
PAPER VI (OPTIONAL) B. WOMEN AND CHILD LAW
UNIT I International concerns and conventions
Women in India, Pre-independence period, Social and legal inequality, Social Reform Movement
in India, Karachi Congress - Fundamental Rights Resolution, Equality of Sexes
UNIT II Women in post independence India
Preamble of the Constitution: equality provisions in Fundamental Rights and Directive Principles
of State Policy, Personal laws - unequal position of women, Uniform Civil Code towards gender
justice.
UNIT III Sex Inequality in Inheritance Rights
Feudal institution of joint family - women's inheritance position, Hindu Law, Muslim Law
Matrimonial property, Movement Towards Uniform Civil Code, Guardianship, Right of women
to adopt a child, Problems of women guardianing, Divorce, Indian Divorce Act, Christian
Law,Muslim Law, Criminal Law, Adultery, Rape.
UNIT IV Social Legislation
Dowry Prohibition, Prevention of immoral traffic, Woman participation in democratic
government, Parliament, State Legislation, Local bodies, Women and Employment
UNIT V Protection and enforcement agencies
Courts, Family courts, Commission for women, NGOs.,Social Constitutional and International
Legal Status of Child,U.N. Declaration of the rights of the child, 1924, 1959., Problems of
conception, birth and nuourishment and health of the child, State responsibility for the education
of children, Evaluation of the efforts of the State towards the provision of education to children,
Pre-primary and nursery education - elementary education. Contributions by International
Organizations for elementary education - UNESCO, UNICEF.
UNIT VI Legal Control of Child Labour
Regulation of the employment: protection of the health and well-being, International conventions
and recommendations of the ILO, Recommendations of the National Commission of Labour.
Legislation relating to factories, plantation labour, mines, merchant shipping, motor transport
workers, apprentices, shop & establishments and child labour.
UNIT VII Family Relations and Child
The status of a child in matters of marriage, legitimacy, guardianship, adoption,maintenance and
custody, Provisions in the statutes relaing to hindu marriages, restraint on child marriage,
guardians and wards, hindu minority and guardianship, hindu adoptions and maintenance and in
the Indian Evidence Act 1872, Child and Contractual Liability, Child and Criminal Liability
Statutory provisions - Sections 82 , 83, 299 Exp.3, 363A, 372 and 376 of IPC - Suppression of
Immoral Traffic Act 1956 (SITA) - penal provisions contained in Child Marriage Restraint Act
1929 as amended in 1978 - Young Persons Harmful Publications Act 1956 - The Children Act
1960 – Section, 27 of the Cr. P.C. - Reformatory Schools Act 1897 - Juvenile Delinquency Act,
1986.
UNIT VII : Law and Offences Against Child
Protection of neglected children, Institutions for the protection of neglected children;,Juvenile
Justice Act, Juvenile delinquency : law and offences against child, Discrimination Against
Female Children
.
Select bibliography
1. Gandhi to the Women (ed. Hingorani) 1941, Position of Women .12 Tear Down the
Purdah p. 213, Young India 1918.
2. Jawaharlal Nehru thoughts on women-economic bondage of Indian women (Produced
Memorial
3. and Library) 7th Plan. Ch. 14 Socio economic programmes for women.
4. Relevant case Law
5. Revasia & Revasia, Women Social Justice & Human Right (1998) PP.H. Publishing,
New Delhi
6. Ajnes, Flavia, Law as Gender inequality, N.Delhi, Oxford (1999)
7. Sumithra Vishnu V. Union of India 1985 SC 1618.
8. 42nd Report Law Commission, the Dissenting Note of Justice Anna Chandy on provision
of adultery, p.366.
9. Towards Equality - Report of the Committee on the Status of Women (Govt. of India),
Chapters IV & Section IV General Conclusions & Recommendations.
10. Balram - Women workers the labour legislation in India 1984(2) I.L.J.1527.
11. Lotika Sarkar, The Law Commission of India (1988).
12. Indian Law Institute, Child and the Law (1979, S.N. Jain ed.)
13. U.Baxi, Law and Poverty: Critical Essays(!988), Eastern, Luknow
SECOND YEAR SEMESTER III
PAPER I – ADMINISTRATIVE LAW
UNIT I Evolution, Nature and Scope of Administrative Law
From a laissez-faire to a social welfare state, Evolution of administration as the fourth branch of
government- necessity for delegation of powers on administration, Evolution of agencies and
procedures for settlement of disputes between individual and administration, Definition and
scope of administrative law, Relationship between constitutional law and administrative law,
Separation of powers, Rule of law
UNIT II Civil Service in India
Nature and organization of civil service: from colonial relics to democratic aspiration, Powers
and functions, Accountability and responsiveness: problems and perspectives, Administrative
deviance- corruption, nepotism, mal-administration.
UNIT III Legislative Powers of Administration
Necessity for delegation of legislative power, Constitutionality of delegated legislation - powers
of exclusion and inclusion and power to modify statute, Requirements for the validity of
delegated legislation, Legislative control of delegated legislation, Judicial control of delegated
legislation, Sub-delegation of legislative powers
UNIT IV Judicial Powers of Administration
Need for devolution of adjudicatory authority on administration, Administrative tribunals and
other adjudicating authorities : their ad-hoc character, Tribunals - need, nature, constitution,
jurisdiction and procedure, Jurisdiction of administrative tribunals and other authorities,
Distinction between quasi-judicial and administrative functions, The right to hearing- essentials
of hearing process, Administrative appeals
UNIT V Judicial Control of Administrative Action
Exhaustion of administrative remedies, Standing : standing for Public interest litigation (social
action litigation) collusion, bias. Laches, Res judicata, Remedies in judicial Review:, Statutory
appeals, Mandamus, Certiorari, Prohibition, Quo-Warranto, Habeas Corpus
UNIT VI Administrative Discretion
Need for administrative discretion, Administrative discretion and rule of law, Limitations on
exercise of discretion, Malafide exercise of discretion,Constitutional imperatives and use of
discretionary authority, Ombudsman : Lok Pal, Lok Ayukta, Vigilance Commission,
Congressional and Parliamentary Committees
Select Bibliography
1. C.K.Allen, Law & Orders (1985)
2. D.D.Basu, Comparative Administrative Law (1998)
3. M.A.Fazal, Judicial Control of Administrative Action in India, Pakistan and Bangaladesh
(2000), Butterworths - India
4. Franks, Report of the Committee on Administrative Tribunals and Inquiries, HMSO,
1959
5. Peter Cane, An Introduction to Administrative Law (1996) Oxford
6. Wade, Administrative Law (Seventh Edition, Indian print1997), Universal, Delhi.
7. J.C.Garner, Administrative Law (1989), Butterworths (ed. B.L. Jones)
8. M.P.Jain , Cases and Materials on Indian Administrative Law, Vol.I and II (1996),
Universal, Delhi.
9. Jain & Jain, Principles of Administrative Law (1997), Universal, Delhi.
10. S.P.Sathe, Administrative Law (1998) Butterwroths-India, Delhi
11. De Smith, Judicial Review of Administrative Action (1995) Swest and Maxwell with
Supplement
12. B. Schwartz, An Introduction to American Administrative Law
13. Indian Law Institute, Cases and Materials on Administrative Law in India, Vol.I(1996),
Delhi.
SEMESTER III
PAPER II : OFFENCE AGAINST CHILD AND JUVENILE OFFENCES
UNIT-I Concept of Child and Juvenile
Definition and concepts of term child and Juvenile.,Causes of offence against child.International
protection to child and convention
UNIT –II Offences against Child
Child abuse, Child labour and forced labour, Kidnapping, abduction, Abetment of suicide of
child,Sale of obscene objects to young.
UNIT – III Social relations and child
Child marriage (Child Marriage Restraint Act), Abandonment of child, Custody of Child during
matrimonial suit.,Obligations to supply necessaries to children
UNIT–IV Protection of Child and Juveniles
Under the provisions of constitution (fundamental rights and directive-principles) Under IPC,
1860.,Under CRPC, 1973.Under Contract Act, 1872,Under Juvenile Justice Act, 2001
Unit-V Juvenile Delinquency
Juvenile delinquency – Nature, causes, Juvenile Court System,
Treatment and rehabilitation of juveniles,Legislative and judicial protection of juvenile
offender,Juvenile Justice Act, 2001.
Select Bibliography :
1. Paras Diwan Children & Legal Protection
2. Savitri Goonesekar Children Law and Justice
3. O.P. Mishra Law Relating to women & child
SEMESTER III
PAPER III – ENVIRONMENTAL LAW
UNIT-I Concept of Environment and Pollution
Environment. Meaning and Concept, Pollution- Meaning and Effects of pollution
,Environmental Pollution (Water, Air and Noise Pollution),Meaning and standards, Culprits and
victims , Offences and penalties.
UNIT-Il International Historical Perspective
Stockholm conference, Rio conference, U.N. declaration on right to development, Green house
effect and ozone depletion.
Unit-III Constitutional Provisions related to Environment
Constitution in making- development and property oriented approach, Directive Principles, -
Status, role and interrelationship with fundamental rights and fundamental duties, Fundamental
Duties, Judicial approach, Fundamental Rights (Rights to clean and healthy environment,
Environment Vs. Development), Enforcing agencies and remedies (Courts, Tribunal,
Constitutional, statutory and judicial remedies), Emerging principles (Polluter pays: public
liability insurance, Precautionary principles), Sustainable development.
UNIT-IV Environment Protection Measures VIS A VIS Environment Pollution
Protection: means and sanctions, Protection agencies: power and functions, Emerging protection
through delegated legislation, Hazardous waste, Bio- medical waste, Judiciary and complex
problems in administration of environment justice.
UNIT-V Forest and wildlife Protection
Greenery conservation laws, Forest conservation laws, Conservation agencies, Prior approval
and non-forest purpose, Symbiotic relationship and tribal people, Judicial approach Deforestation
Wild life - Sanctuaries and national parks, State monopoly in the sale of wild life and wild life
articles - Licensing of zoos and parks, Offences against wild life Bio- diversity, Legal control
Control of eco-unfriendly experimentation on animals, plants. seeds and micro-organisms.
Select bibliography
1. Aarmin Rosencranz, et al., (eds.,), Environmental Law and Policy in India, (2000),
Oxford
2. R.B.Singh & Suresh Misra, Environmental Law in India (1996), Concept Publishing Co.,
New Delhi.
3. Kailash Thakur, Environmental Protection Law and Policy in India (1997), Deep & Deep
publications, New Delhi.
4. Richard L.Riversz, et.al. (eds.) Environmental Law, the Economy and Sustainable
Development (2000), Cambridge.
5. Christopher D.Stone, Should Trees Have Standing and other Essays on Law, Morals and
the Environment (1996), Oceana
6. Leelakrishnan, P et. al. (eds.), Law and Environment (1990), Eastern, Lucknow
7. Leelakrishnan, P, The Environmental Law in India (1999), Butterworths-India
8. Department of Science and Technology, Government of India, Report of the Committee
for Recommending Legislative Measures and Administrative Machinery for Ensuring
Environmental Protection (1980) (Tiwari Committee Report).
9. Indian Journal of Public Administration, Special Number on Environment and
Administration, July-September 1988, Vol. XXXV, No.3, pp.353-801
10. Centre for Science and Environment, The State of India's Environment 1982, The State of
India's
11. Environment 1984-85 and The State of Indian Environment 1999-2000.
12. World Commission on Environment and Development, Our Common Future (1987),
Oxford.
SEMESTER III
PAPER IV – LAW OF EQUITY, TRUST AND FIDUCIARY RELATION
UNIT I Introduction
The concept of trust : distinction with agency and contract, Development of law: common law
and equity, Trusts : classification, Definition and Nature of trusts under the Indian law units
Creation of trusts : rules, Duties of trustees, Execution, Acquaintance with the nature of property,
Duties in respect of title, Duty of care, Conversion, Impartiality Law, Prevention of waste,
Keeping of accounts and giving of information, Investment, Sale, Liability for breach of trust
UNIT II Rights of Trustees
Title deed, Reimbursement, Indemnity, Seeking direction from court, Settlement of accounts,
General authority, Powers of trustees, Sale, Varying of investment, Property of minors, Giving
receipts, Power to compound, compromise and settle, Exercising authority on death or disclaimer
of one of the trustees, Suspension of trustee's power, Disabilities of trustees, Rights of
beneficiaries, Rents and profits, Specific execution
UNIT II Inspection and information Law
Transfer, Suit for execution, To have proper trustees Right to compel the trustee to do the duties,
Rights on wrongful purchase or acquisition by trustees, Follow up of trust properties in the hands
of third parties, Blending of property by trustee, Wrongful application of trust property by
partner trustee for partnership purposes, Liabilities of Beneficiaries, Discharge of Trustees units
Appointment of New Trustees, Extinction of Trust.
UNIT III Constructive trusts : the equitable and fiduciary Relationship
Transfer without intent to dispose beneficial Interest, Trust incapable of execution and trusts
executed fully without exhausting property- the cypress doctrine, Transfer and request for illegal
purpose, Transfer pursuant to rescindable contract, Debtor becoming creditor's representative,
Advantage from undue influence, Advantage by qualified owner, Property acquired with notice
of existing contract, Purchase by person contracting to buy property to be held on trust,
Possession of property without whole beneficial interest, Duties of constructive trustees, Rights
of bonafide purchasers Law, Special legislation, Charitable and religious trust, Common property
resources and public trust doctrine.
Select bibliography
1. S.Krishnamurthy Aiyar and Harbans Lal Swin, Principles and Digest of Trusts Laws
(1998), University
2. Book Agency, Allahabad.
3. R.H.Mandsley and E.H.Burn, Trust and Trustees : Casea and Materials (1978)
Butterworths, London.
4. R.E.Megarry and P.V.Baker, Snell's principles of Equity (1964) ELBS, Sneet and
Maxwell.
5. Philip H.Pettit, Equity and Law of Trust (1970)
6. Iyer N., Indian Trust Act (1997), Delhi Law House, New Delhi
7. Ahmedullah Khan, The Law of Wakf in India (1997) Delhi Law House, Delhi
8. Rajarathnam, Natarajan and Thankaraj, Commentary on Charitable Trusts and Religious
Institutions (2000) Universal, Delhi
9. Mukerjee, Commentary on Indian Press Act (1999) Universal, Delhi.
10. Rao.C.R, The Indian Trust Act and Allied Laws (1999)
SEMESTER III
PAPER V – PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA
LEGAL SERVICES (PRACTICAL PAPER)
Class Room teaching – 60 Marks
Public Interest Lawyering, Concept of Lok Adalat, Meaning, Definition, Nature, , Use of
Computer in Legal Works, Legal Research, Writing of Case Judgment, Editing of Law Journal,
Law office meant,
Extension Programme – 40 marks
Para Legal Training, Participation in LOK ADALAT, Legal Aid Camps, Legal Literacy Camp,
Negotiation Counselling.
Selected Books
1. Kailash Rai : Public Interest Lawyering
2. Basantilal Babeal : Public Interest Lawyering
SEMESTER III
PAPER VI (OPTIONAL) – A. GENDER JUSTICE
UNIT-I Women in Pre-Independence India Social and legal inequality, Social reform movement in India, Gandhian movement, Nehru's
views – joint family etc, Karachi congress – Fundamental Rights Resolution, Equality of sexes.
UNIT-II Women in Post-Independence India Preamble of the Constitution – Equality provisions in fundamental, Rights and Directive
Principles of State Policy, Negative Aspects of the Constitution –Exploitation of sex not
mentioned in Article 23, Different personal laws – unequal position of women, Uniform Civil
Code towards gender justice, Indian tradition and family ideology: growth of feminism and
schools of feminism.
UNIT-III Sex Inequality in Inheritance Rights Continuance of feudal Institutions of joint family – women's inheritance position under Hindu
Law, Inheritance right of women under Christian law, Inheritance right of women under Parsi
law, Inheritance right of women under Muslim law, Movement towards uniform Civil Code.
Unit-IV Matrimonial relations and its consequences Matrimonial Property, Separation of property, Maintenance of different system of personal law,
Division of assets on divorce.
UNIT-V Social Welfare Laws for Women and Non-implementation of
protective labour legislation. Maternity benefits Act, Equal remuneration Act, Factories Act, Inequality in the work place,
Additional burden of domestic responsibilities.
Selected Bibliography –
1. Flevia Agn’s et. al. Women and the Law
2. Meynei Hindu Woman & Marriage
SEMESTER III
PAPER VI (OPTIONAL) – B. CORPORATE FINANCE UNIT-I Introduction Meaning, importance and scope of corporate finance, Capital Needs, capitalization, working
capital, securities, borrowings, deposits, debentures, Objectives of corporate finance – profit
maximization and wealth maximization. Constitutional perspectives – The following entries 37,
38, 43, 44, 45, 46, 47, 52, 82, 85 and 86 of List I (Union List); entry 24 of List II (State List).
UNIT-II Equity finance Share Capital, Prospectus – information disclosure, Issue and allotment, Shares without
monetary consideration, Non-opting equity shares.
Debt Finance
Debentures, Nature, issue and class, Deposits and acceptance, Creation of charges, Fixed and
floating charges, Mortgages, Convertible debentures.
UNIT-III Conservation of corporate finance
Regulation by disclosure, Control on payment of dividends, Managerial remuneration, Payment
of commissions and brokerage, Inter-corporate loans and investments, Pay-back of shares, Other
corporate spending.
UNIT-IV Protection of creditors
Need for creditor protection, Preference in payment, Rights in making company decisions
affecting creditor interests, Creditor self-protection, Control over corporate spending.
Protection of Investors
Individual share holder right, Corporate membership right, Derivative actions, Qualified
membership right, Conversion, Consolidation and Re-organisation of shares, Transfer and
transmission of securities, Dematerialisation of securitites.
UNIT-V Corporate Fund Raising
Depositories – IDR (Indian Depository Receipts), ADR (American Depository Receipts),
GDR(Global Depository Receipts. Public financing institution – IDBI, ICICI, IFC, and SFC.
Mutual fund and other collective investment schemes, Institutional investments – LIC, UTI and
Banks. FDI and NRI investment – Foreign institutional investments (IMF and World Bank).
UNIT-VI Administrative regulation on Corporate Finance
Inspection of accounts, Central government control, Control by Registrar of companies, RBI
control, SEBI control, status of SEBI
Select Bibliography 1. Alastair Hundson : The Law on Financial Derivatives (1998), Sweet & Maxwell.
2. Ell’s Ferran, Company Law and Corporate Finance (1999), Oxford.
3. Jonathan Charkham : Fair Shares : The Future of Shareholder Power and Responsibility
(1999), Oxford.
4. Ramaiya A. : Guide to the Companies Act (1998), Vol. I, II and III.
5. H.A.J. Ford and A.P. Austen : Ford’s Principle of Corporations Law (1999) Butterworths.
6. J.H. Farrar and B.M. Hanniyan : Farrar’s Company Law (1998) Butterworths.
7. Austen, R.P. : The Law of Public Company Finance (1986) LBC. R.M. Goode : Legal
Problems of Credit and Security (1988) Sweet and Maxwell.
9. Altman and Subrahmanyan : Recent Advances in Corporate Finance (1985) LBC.
10. Gilbert Harold : Corporation Finance (2nd rev. ed. 1956).
11. Henry E.Hoagland : Corporation Finance (3rd ed. 1947) Maryin M. Kristein :
Corporate Finance (2nd ed. 1975) R.C. Osbom : Corporation Finance (1959).
12. S.C. Kuchhal : Corporation Finance : Principles and Problems (6th ed. 1966).
13. V.G. Kulkarni : Corporate Finance (1961).
14. V.D. Kulshreshta : Government Regulation of Financial Management of Private Corporate
Sector in India (1986).
15. Journals – Journal of Indian Law Institute, Journal of Business Law, Chartered Secretary,
Company Law Journal, Law and Contemporary Problems.
16. Statutory Materials – Companies Act and Law relating SEBI, Depositories, Industrial
Financing and Information Technology.
LL.B. (HONS) SECOND YEAR SEMESTER IV
PAPER I – COMPANY LAW
UNIT-I Meaning of Company Theories of corporate personality, Creation and exemption of corporations, Lifting the corporate
veil
UNIT-II Forms of corporate and non-corporate organization Corporations, Partnership and other association of persons, State corporations Government
companies, small scale, cooperative, corporate and joint sectors.
UNIT-III Law relating to Companies - Public and Private Promoters and its position, Need of company for development, formation of a company,
registration and incorporation, Memorandum of association - various clauses - alteration therein
– doctrine of ultra vires Articles of association-binding force-alteration-its relation with
memorandum of association-doctrine of constructive notice and indoor management- exceptions
Prospectus- issue - contents- liability for misstatements in lieu of prospectus, Shares-general
principles of allotment, statutory restrictions, transfer of shares, relationship between transferor
and transferee. Shareholder-who can be? And who cannot be shareholder- modes of becoming
shareholder- calls on shares- forfeiture and surrender of shares lien on shares, Share capital-
kinds-alteration and reduction of share capital, further issue of capital- conversion of loan and
debentures into capital-duties of courts to protect the interests of creditors and share holders.
UNIT-IV Management of corporate structure Directors - position- appointment-qualifications-vacation of office-removal resignation- powers
and duties of directors - meeting, registers, loans - remuneration of directors - role of nominee
directors - companies for loss of office - managing directors and other managerial personnel,
Meetings – kinds, procedure – voting Dividends payment - capitalization – profit, Audit and
accounts, Borrowing powers, effect of unauthorized borrowing - charges and mortgages –
investments Debentures - meaning - fixed and floating charges - kinds of debentures, share
holder and debenture holder, remedies for debenture holders Protection of minority rights,
Protection of oppression and mismanagement - who can apply? Powers of the company, court
and of the central Government. Investigations, powers, Private companies - nature and
advantages- government companies holding and subsidiary companies.
UNIT – V Winding up and corporate liability Winding up -types – Concept (Dissolution and liquidation) by court - reason - ground who can
apply - procedure - powers of liquidator - powers of court - consequences of winding up order,
voluntary winding up, ubject to supervisions of courts, liability of past members - payment of
liability preferential payment, unclaimed dividends, winding up of unregistered company. Legal
liability of companies-civil and criminal Remedies against civil, criminal and tortuous - specific
relief Act, writs, liability under special statutes.
Selected Bibliography 1. L.C.B. Gower. Principles of Modern Company Law (1997) Sweet and Maxwell London.
2. Palmer Palmers Company Law (1987). Stevans, London
3. R.R. Pennington. Company Law (1990). Butterworths
4. A. Ramiya. Guide to the Companies Act. (1998), Wadhwa
5. S.M. Shah Lectures on Company Law (1998), Tripathi, Bombay
SEMESTER IV
PAPER II – PROPERTY LAW INCLUDING TRANSFER OF PROPERTY
ACT AND EASEMENT ACT
UNIT-I Introduction: Concept and meaning of property, Various definitions given under Transfer of Property Act,
Kinds of property, movable and immovable property, tangible and intangible property,
intellectual property-copyright, patents and designs, trademarks.
UNIT-II Law relating to Transfer of Property under Transfer of Property Act, 1882 General principles of transfer of property whether movable or immoveable (Sec. 5 to 37), What
may be transferred, Competence, operation, conditions of restraining, alienation and repugnant
to interest, Other Conditions – determinable on insolvency, transfer to unborn person, Rule
against perpetuity, accumulation, transfer for benefit of Public in perpetuity Conditional transfers
– Condition precedent and subsequent, Vested and Continget interest, Void condition, Election –
Doctrine and Apportionment.
UNIT-III Transfers of Immovable Properties and Movable Properties
Sale, Mortgage, Gift, Leases, Exchanges, Actionable claims.
UNIT IV LAW OF EASEMENT Easements, Nature, characteristics and extinction, Creation of easements, Riparian rights,
Licenses, Recordation of Property Rights.
Selected Bibliography
Mulla : Transfer of Property Act
V.P. Sarthy : Transfer of Property
R.K. Sinha : Law of Transfer of Property
Th-ih- f=ikBh % lEifRr vUrj.k vf/kfu;e MWk- eqjyh/kj prqosZnh % lEifRr vUrj.k vf/kfu;e 1882
SEMESTER IV
PAPER III – ARBITRATION, CONCILIATION AND ALTERNATE
DISPUTE RESOLUTION SYSTEM
Unit-I Concept Arbitration : Meaning scope and types, Arbitration Agreement- Essentials, Kinds, Who can enter
into arbitration agreement ?, Validity, Reference to arbitration, Interim measures by court.
Unit-II Arbitration Tribunal Composition, Jurisdiction, Grounds of challenge, Powers, Procedure, Court assistance, Award,
Rules of guidance, Form and content, Correction and interpretation. Grounds of setting aside an
award-Want of proper notice and hearing, Contravention of composition and procedure.,
Impartiality of the arbitrator, Bar of limitations, res judicata, Consent of parties, Enforcement,
Appeals.
Unit-III Conciliation Distinction between “conciliation”, “meditation”, and “arbitration”., Appointment of conciliator
Interaction between conciliator and parties, Communication, disclosure and confidentiality,
Suggestions by parties, Settlement agreement and its effect, Resort to judicial proceedings, legal
effect, Costs and deposit.
Unit-IV International Arbitration Enforcement of Foreign Award, New York convention Award, Geneva Convention Award.
Unit-V Rule making Power Legal Service Authorities Act, 1987, Lok Adalat, Legal Litreacy and Legal Aid Camp.
Select bibliography 1. Avtar Singh : Arbitration and Conciliation
2. Goyal : Arbitration and Conciliation Act
3. Shukla : Legal remedies
4. Jhabvala : Law of Arbitration and Conciliation
SEMESTER IV
PAPER IV – HUMAN RIGHTS AND INTERNATIONAL LAW
UNIT – I Concept Historical Development and concept of Human Right, Human Right in India ancient, medieval
and modern concept of rights, Human Right in Western tradition, Concept of natural law and
natural rights, Human Right in legal tradition: International Law and National Law, UN and
Human Rights, Universal Declaration of Human Rights (1980) - individual and group rights,
Covenant on political and Civil Rights (1966).
UNIT - II Conventions Convention on economic social and cultural Rights 1966, Convention on the elimination of all
forms of discrimination against women, Convention on the rights of the child.
UNIT – III Impact and Implementation Impact and Implementation of International Human Rights Norms in India, Human rights norms
reflected in fundamental rights in the constitution, Directive principles: legislative and
administrative implementation of international human rights norms through judicial process.
UNIT –IV Disadvantaged Groups
Human Rights and disadvantaged Groups – women, prisoners, child, Dalits, Aid victims, and
Minorities, Enforcement of Human Right in India.
UNIT- V Remedies
Role of courts: the Supreme Court, High Courts and other courts, Statutory commissions- human
rights, women, minority and backward class.
Select bibliography 1. S.K. Awasthi and R.P. Kataria. Law Relating to Human Rights, Orient New Delhi.
2. Human Rights Watch women's Rights Project, The Human Rights Watch Global Report on
women's Human Rights (2000) Oxford.
3. Ermacora, Nowak and Tretter. International Human Rights (1993), Sweet & Maxwell.
4. Wallace, International Human Rights: Text & Materials (1996), Sweet & Maxwell.
5. Human Rights and Global Diversify (2001), Frank Cass, London.
6. Nirmal. B.C., The Right to Self determination in International (1995). Deep & Deep.
7. P.R. Gandhi. International Human Rights documents (1999) Universal, Delhi.
YEAR SEMESTER IV
PAPER V – LEGAL AND PROFESSIONAL ETHICS
(PRACTICAL PAPER) 80+20
Unit –I Admission, Enrolment & Rights of Advocate
Importance of Legal Profession., Persons who may be admitted as advocate on a State roll.,
Disqualification for enrolment, Rights of Advocates, State Bar Councils, Establishment and
Organisation, Powers and Functions, Bar Council of India, Organisation, Powers and Functions.
Unit – II Ethics of Legal Profession
Meaning, Nature and Need, Duty to the Client.
Unit – III Punishment for Professional or Other Misconduct
Professional or other Misconduct- Meaning and Scope, The Body or Authority empowered to
punish for professional or other misconduct, State Bar Council and its disciplinary committee,
Bar Council of India- and its disciplinary committee, Complaint against advocates and procedure
to be followed by the Disciplinary Committee, Remedies against the order of punishment.
Unit – IV Bench Bar Relation
Role of Judge on Maintaining Rule of Law, Mutual Respect, Maintenance of orderly society,
Invaluable aid of advocates to Judges, Privilege of Advocates, Duty to avoid interruption of
Council, Administration of Justice clean & Pure, Uncourteous conduct, Misconduct of lawyers
and Insulting Language.
Unit – V Meaning and Categories of Contempt of Court Contempt of Court- Its meaning and Nature, Kinds of Contempt, Criminal Contempt, Civil
Contempt, Contempt by Lawyers, Contempt by Judges, Magistrates or other persons acting
judicially, Contempt by State, Corporate bodies & other officers.
Selected Bibliography 1. J.P.S. Sirohi : Professional Ethics, Lawyer’s Accountability, Bench- Bar Relationship.
2. Kailash Rai : Legal Ethics, Accountability, for Lawyer’s , Bar-Bench Relation.
SEMESTER IV
PAPER VI (OPTIONAL) – A. SOCIO ECONOMIC OFFENCE
UNIT I Conceptions
Nature of “White Collar Crimes” - Southerland’s analysis, critique of it, and applicability to
Indian conditions. From Santhanam Committee Report to the Twenty Ninth and Forty Law
Commission of India Report; The Career of the conception of “Socio-economic offences”
(hereafter SEO) “Socio-economic offences” (hereafterSEO), Distinction between ‘Social’ and
‘Economic’ Crimes, Corruption, General conceptions of ‘corriuption’, ‘nepotism’, ‘favouritism’
and ‘bribery’, Concept of ‘corruption’ under the Indian penal Code (161-165) and the Prevention
of Corruption Act.
UNIT II Santhanam Committee Analysis.
The Special legal regime, Investigation (Under Criminal laws Amendment Act, 1952) Law,
Sanction for prosecution (under 197 Cr.P.C., prevention of corruption Act).,The category of
‘Public Servants’liable for prosecution for corruption offences., Relevant aspects of the Antulay
Case, Central Vigilance Commissioner, “Causes of corruption”, Sentencing Policies and
Patterns.
UNIT III Black Money
Conception of black money, Legal Provisions for investigating into black money,
Disproportionate Assets, The Role of the Central Vigilance Commission, Sentencing Policies
and Patterns, Amnesty - retroactive legalization of black money (through voluntary disclosure
schemes, bearer bonds etc.)
UNIT IV Organized Crime
Drug Trafficking addiction and abuse, Smuggling, Chit Fund swindles, Prostitution, Begging,
Buying and selling of women across state borders, Crimes Against Consumers of Goods and
Services, Food Adulteration, Drug Adulteration, Offences relating to weights and measures,
Pollution offences, Medical Malpractice Law.
UNIT V Crimes against Disadvantaged and Vulnerable Groups
Dowry Murders, Offences and atrocities against Untouchables, Offences against bonded labour,
Offences against children, Legal Regimes of Investigation and Enforcement, Differentiation in
onus of proof through presumptions of guilt and due process problems, The regime of special
court, Group Liability (associational, corporate), Strict and vicarious liability, The quantum of
punishment, Problems of recidivism, The variety of enforcement mechanisms; specialized and
general, Withdrawal from prosecution, Alternative/Additional Strategies, Ombudsman, Tax
reforms, Electoral reform, Reform of Prosecutional Structures, Alternate Sanctioning Policies.
Suggested readings
1. Upendra Baxi (ed.) Law & Poverty: Critical Essays (1988)
2. Upendra Baxi, Liberty and Corruption Antulay case and Beyong (forthcoming 1989)
3. P.R.Rajagopoal, Violence and Response: A critique of Indian Criminal Justice System
(1988)
4. Law Commission of India, (i) One Hundred and Fifty Fourth report on Code of Criminal
Procedure
5. 1973, (1996); (ii) One Hundred and Fifty Fifth Report on then Indian Penal Code, 1860
(1997)
SEMESTER IV
PAPER VI (OPTIONAL) – B. MEDIAAND LAW
UNIT-I Mass Media – Types of Press Films, Radio Television
Ownership Patterns : Press – Private-public A. Films, Private; Radio and Television, Difference
Between Visual and Non-visual Media- Impact on Peoples minds.
UNIT-II Press-Freedom of Speech Expression- Article 19(1)(a)
Includes Freedom of the Press, Law of Defamation, Obscenity, Blasphemy and Sedition, Price
and Pages Schedule Regulation, Newsprint Control Order, Advertisement- is it included within
freedom of Speech and Expression?, Press and Monopolies and Restrictive Trade Practices Act,
the working Journalist (Fixation of Rates of Wages) Act, 1958
UNIT-III Films- It Included in Freedom of Speech and Expressions?
Censorship of films - Constitutionality , The abbas Case, Differences between films and press –
Why pre-censorshi valid for films but not for the press, Censorship Under the cinematograph
Act.
UNIT-IV Ratio and Television – Government Policy?
The Press Council Act, 1978, Regulatory Code of Conduct, Government Policy 36, Commercial
Advertisement, Internal Security of Serials etc.
UNIT-V Constitutional Restrictions
Radio and Television subject of law of defamation and obscenity, Power of Legislate – Article
246 read with the seventh schedule, Power of Impose tax – Licensing and license fee,
Contempt’s of Court Act
Selected Bibliography –
1. V.N. Shukla Constitution of India
2. J.N. Pandey Constitutional law of India
3. D.D. Basu Constitution of India
4. M.P. Jain Constitution of India
5. Press Council Act, 1978
THIRD YEAR SEMESTER V
PAPER I– CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT
AND PROBATION OF OFFENDERS ACT
UNIT-I Introduction The rationale of criminal procedure: the importance of fair trial, The constitutional perspectives
Pre trial Process: Arrest, The distinction between cognizable and non cognizable offences:
relevance and adequacy problems Steps to ensure accused’s presence at trial: warrant and
summons, Arrest with and without warrant (Section 70-73 and 41), The absconder status (section
82, 83, and 85), Right of the arrested person Right to know ground of arrest (section 50(1),
55,75), Right to be taken to magistrate without delay (section 56,,57), Right to not being detained
for more than twenty- four hours (section 57): Vis-a-vis Article 22 (2) of the constitution of
India, Right to consult legal practitioner. legal aid and the right to be informed about
rights to bail. Right to be examined by a medical practitioner (section 54).
Search and Seizure (Pretrial Process) Search warrant (section 83, 94,97, 98) and search without warrant, Police search during
investigation (section 165, 166, 153), General principles of search (section 100), Seizure (section
102), Constitutional aspects of validity of search and seizure proceedings.
UNIT-II Pre-trial Process F.I.R.
F.I.R. (section 154), Evidentiary value of F.I.R. (see section 145 and 157 of Evidence
Act)
Pre-trial Process: Magisterial Powers to Take Cognizance
Commencement of proceedings- (section 200, 201, 202), Dismissal of complaints
(section 203, 204), Bail: concept, purpose: constitutional overtones, Bailable and non-
bailable offences (section 436, 437, 438), Cancellation of bail (section 437 (5).,
Anticipatory bail (section 438)
UNIT-III Fair Trial Conception of fair trial, Presumption of innocence, Venue of trial, Right of the accused to know
the accusation (section 221- 224) and accusation be held in the accussed’s presence Right of
cross- examination and offering evidence in defence: the accused’s statement Right to speedy
trial.
Charge
Framing of charge, Form and content of charge (section 211, 212, 216), Separate charge for
distinct offence (section 218, 219, 220, 221, 223), Discharge – pre- charge evidence
Preliminary Pleas to Bar the Trial Jurisdiction (section 26, 177- 189, 461, 462, 479), Time limitations: Rationale and scope (section
468 - 473), Pleas of autrefois acquit and autrefois convict (section 300, and Art 22d), Estoppel,
Compounding of offences, Trial before a Court of Sessions: Procedural Steps and Substantive
Rights, Summary Trial (Sec 260-265).
UNIT-IV Judgment Form and content (section 354), Post conviction orders in lieu of punishment(section 360, 361,
31): emerging penal policy (Plea Bargaining), Compensation and cost (section 357,358), Modes
of providing judgement (section 353, 362, 363).
Appeal, Review, Revision No appeal in certain cases (section 372. 375. , 376), The rationale of appeals, review, revision,
The multiple ranges of appellate remedies, Appeal before Supreme Court of India and High
Courts (section 374, 379) and (Article 31,132, 134, 136 of constitution of India), Appeal to
Sessions Court (section 374), Special right to appeal (section 380), Government appeal against
sentencing (section 377, 378), Judicial power in disposal of appeal (section 368), Legal aid in
appeals, Revisional jurisdiction (section 397- 405), Transfer of cases (section 406, 407),
UNIT-V Juvenile Delinquency Nature and magnitude of the problem, Causes, Juvenile court system, Treatment and
rehabilitation of juvenilesJuvenile and adult crime, Legislative and judicial protection of juvenile
offender, Juvenile justice (Protection and Care) Act 2000
Selected Bibliography
1. Ratanlal Dhirajlal, Criminal Procedure Code (1999), Universal, Delhi
2. Chandrasekharan Pillai, ed., Kelkar Lectures on Criminal Procedure (2001), Eastern
Lucknow
3. Principles and commentaries on the Code of Criminal Procedure. 2 Vol. (2000) Universal.
4. Woodroffe: Commentaries on Code of criminal Procedure, 2. vol. (2000) Universal
SEMESTER V
PAPER II– LAW OF EVIDENCE UNIT-I Introductory The main features of the Indian Evidence Act 1861, Applicability of Evidence Act
Administrative Tribunals, Industrial Tribunals, Commissions of enquiry, Court- Martial.
Central Conceptions in Law of Evidence Facts: section 3 definition: distinction - relevant facts/facts in issue, Evidence: oral and
documentary, Circumstantial evidence and Direct evidence, Presumption, “Proving” “not
proving” and “disproving”, Witness, Appreciation of evidence.
UNIT-II Facts: relevancy The Doctrine of res gestae, The problems of relevancy of “otherwise” irrelevant facts (section ii),
Facts concerning bodies and mental state
Admission and Confessions
General principles concerning admission, Differences between “admission” and “confession”,
Non- admissibility of confessions caused by “any inducement, threat or promise”,
Inadmissibility of confession made before a police officer, Admissibility of custodial
confessions, Admissibility of “information” received from accused person in custody; with
special reference to discovery based on “joint statement”, Confession by co-accused, The
problems with the judicial action based on a “retracted confession”.
UNIT-III Dying Declarations The justification for relevance of dying declarations, The judicial standards for appreciation of
evidentiary value of dying declarations, Conclusive Evidence
Relevance of judgments
Admissibility of judgments in civil and criminal matters, “Fraud” and “Collusion”.
Expert Testimony
Who is an expert? : types of expert evidence, Opinion on relationship especially proof of
marriage, Judicial defence to expert testimony.
UNIT IV Oral Documentary Evidence General principles concerning oral evidence, Primary / Secondary evidence., General principles
concerning documentary evidence., General principles regarding exclusion of oral by
documentary evidence, public & private documents., Special problems: re-hearing evidence
Estoppel
Witness Examination and cross Examinations
Competency to testify, State privilege, Professional privilege, Approval testimony, General
principles of examination and Cross examination, Leading questions, Lawful questions in Cross-
examination. Re-examination, Compulsion to answer questions put to witness, Hostile witness,
Impeaching of the standing or credit of witness.
UNIT V Burden of Proof General principles conception of onus-probans and onus-probandi, General and special
exceptions to onus probandi, The justification of presumption and of the doctrine of judicial
notice, Justification as to presumption as to certain offences, Presumption as to dowry, The scope
of the doctrine of judicial notice.
Estoppel
Why estoppel? The rationale, Tenomacy Estoppel, Estoppel, res-judicial and waiver and
presumption, Question of corroboration, Improper admission and of witness in civil and criminal
cases.
Selected Bibliography
1. Sarkar and Manohar, Sarkar on evidence (1999), Wadhwa & Co. Nagpur
2. Indian Evidence Act, (Amendment up to date)
3. Ratanlal, Dhirajlal: Law of Evidence (1994), Wadhwa Nagpur
4. Polein Murphy, Evidence (51h Reprint 2000), Universal Delhi
5. Albert S. Osbom, The Problem Proof (First Indian Reprint 1998). Universal
Delhi
6. Avtar Singh, Principles of Law of evidence (1992), Central Law Agency,
New Delhi
SEMESTER V
PAPER III– INTERPRETATION OF STATUTES
UNIT-I Interpretation of Statutes
Meaning of the term statute, Kinds of statutes, Commencement, operation, repeal of statutes,
Purpose of interpretation of statutes, Meaning of construction and interpretation – their
difference.
UNIT-II Aids to Interpretation
Internal aids
Titles, Preamble, Heading and marginal notes, Sections and sub- sections, Punctuation marks,
Illustrative exceptions, provisos and saving clauses, Schedules, Non - obstante clause.
External aids
Dictionaries, Translations, Travaux preparatories, Statutes in pari material, Contemporanea
Exposition, Debates, inquiry commission reports and Law commission reports, General Clauses
Act.
Unit-III Principles and Rules of Statutory Interpretation
Primary rules, Literal rule, Golden rule, Mischief rule (rule in the Heydon’s case), Rule of
harmonious construction, Noscitur a sociis, Ejusdem generis, Reddendo singula singulis.
UNIT-IV Interpretation with reference to the subject matter and purpose
Restrictive and beneficial construction, Taxing statutes, Penal statutes, Welfare legislation and
principles of legislation, Presumption.
Unit-V Principle of Constitutional Interpretation
Harmonious constructions, Doctrine of pith and substance, Colourable legislation, Ancillary
powers, “Occupied field”, Residuary power, Doctrine of repugnancy.
Selected Bibliography 1. G.P. Singh, Principle of Statutory Interpretation,(7th ed.), 1999 Wadhwa Nagpur.
2. P.S. Langan (ed.), Maxwell on The interpretation of Statutes (1976, N.M. Tripathi, Bombay
3. K. Shanmukham, N.S. Bindras’ Interpretation of Statutes (1997) The Law Book Co.
Allahabad.
4. V. Sarathi, Interpretation of Statutes (1984), Eastern & Co.
5. M.P. Jain, Constitutional Law of India, (1994) Wadhwa & Co.
SEMESTER V
PAPER IV– CRIMINOLOGY AND PENOLOGY
UNIT I Dimensions of Crime in India
Nature and extent of crime in India, General approaches to crime control., Crimes of the
powerful, Organised crime - smuggling, traffic in narcotics., White collar crime - corruption in
public life, Socio-economic crime: adulteration of foods and drugs; fraudulent trade practices.,
Crimes in the professions - medical, legal, engineering., Criminality by agencies of the state.,
Perpetrators of ordinary crime, The situational criminal., The chronic offender., Criminality of
women, Young offenders, Criminal gangs, Causes of Criminal Behaviour units 14
UNIT II Nature of the problem : some unscientific theories
The constitutional School of Criminology - Lomborso and others (heredity and mental,
retardation as causes of crime), Sociological theories Anomies, Modern sociological theories -
Sutherland's differential association theory: Reckless's social vulnerable theory., Economic
theories and their relevance., Environment - home and community influences, urban and rural
crimes., The ghetto, broken homes, the effect of motion pictures, T.V. and video, press, narcotics
and alcohol. Law.
UNIT III Caste and community tensions
caste wars and communal riots - their causes and, demoralising effects; atrocities against
scheduled cadres., Emotional disturbance and other psychological factors., Multiple causation
approach to crime., Police and the criminal justice, The police system, Structural organisation of
police at the centre and the states., Mode of recruitment and training.,Powers and duties of police
under the police acts, Criminal Procedure Code and other laws., Arrest, search and seizure and
constitutional imperatives.Methods of police investigation.
UNIT-IV Evolution and nature of punishment
Kinds of punishment, Corporeal punishment, Capital Punishment, Death Penalty by Public
hanging, Capital punishment in India, Death Penalty or life imprisonment, Rarest of the rare
cases, Constitutionality and grounds of capital punishment, Minority judgement of justice
Bhagwati.
UNIT-V Imprisonment Simple Imprisonment, Rigorous Imprionment, Solitary confinement, Imprisonment for life,
Monetary Punishment, Finer, Forfeiture of Property.
Select Bibliography
1. E. Sutherland, White collar Crime (1949).
2. Prof. N.V. Paranjape Criminology and penology.
3. Dr. Yamuna Shankar Sharma penology.
4. Om Prakash Shrivastava Principles of Criminal Law
SEMESTER V
PAPER V– DRAFTING AND PLEADING
Drafting : General principles of drafting and relevant substantive rules shall be taught
(b) Pleadings :-
(i) Civil : Plaint, Written Statement, Interlocutory Application, Original ,Petition, Affidavit,
Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of
the Constitution of India.
(ii) Criminal : Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of
Appeal and Revision.
(iii) Conveyance : Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power
of Attomey, Will, Trust Deed
(iv) Drafting of writ petition and PIL petition
Select Bibliography
1. R.N. Chaturvedi : Pleading, Drafting and Conveyancing,
2. Manohar Murli : The art of Conveyancing and Pleading
SEMESTER V
PAPER VI (OPTIONAL)– A. HEALTH LAW
UNIT-I Concept Concept & Definition of Health., Right to health, International law & health., Indigenous and
Allopathic health system.
UNIT-II Constitutional of India Constitution protection – Fundamental Right & Directive principle.
UNIT-III Public health offences and Law Offence affecting the Public Health, (Chapter XIV of IPC), Nuisance, Miscarriage, (312.3.313
IPC), relevant provision of CrPC.
UNIT-IV Special critical problems
Immoral trafficking,, Female foeticides, Kidnapping and abduction – National protections.
UNIT-V Health and Legal Protection Health and Legal protection – Environments law, J.J. Act, prenatal diagnostic technique,
regulation & prevention of misuses, Factory Act, Mental Health Act 1987, Maternity Benefit
Act.
UNIT-VI Jurisprudence of health services
Health law & Judiciary., Types of health insurance, Public service related situations –
Negligence (Private eye sterilization camp etc.), Disposal of medical and surgical waste, Health
Care Units (Public/Private) Liabilities.
Select Bibliography
1. Right to life and Right to Death : A study – The ICFAI University Press.
2. HIV/Aids – Health Care and Human rights approach – The ICFAI University Press.
3. Public Health : Enforcement and Law - The ICFAI University Press.
4. Clinical Trials : Law and Regulations- The ICFAI University Press.
5. Right to Public Health and Impact of Patents - The ICFAI University Press.
PAPER VI (OPTIONAL)– B. LOCAL SELF GOVERNMENT INCLUDING
PANCHAYAT ADMINISTRATION
UNIT-I Concept Local self Government- meaning, evolution., Nature, Doctrine of distribution of power.
UNIT-II Constitutional Provisions Constitutional Provisions-Directive principles, 73rd and 74th Amendment;, Panchayats
Constitution. and Composition., Powers and responsibilities., Election, (Article 243. 243A-O)
and 12th schedule.
UNIT-III Municipalities The Municipalities- Constitution and Composition,Reservation of seats,Powers and
responsibilities Election., Wards Committees Finance Commission (relating to Municipalities)
(Article 243 P, ZG and 280)
UNIT -IV
Panchayati Raj Act 1993.
UNIT-V
Nagar Palika Adhiniyam,
Suggested Readings
Dr. J.N. Pandey Constitution Law of India
V. N. Shukla Constitution Law of India
M.P. Jain Indian Constitution
Basanti Lal Babel Constitution of India
THIRD YEAR SEMESTER VI
PAPER I – CIVIL PROCEDURE AND LIMITATION ACT
UNIT-I Introduction
Concepts. Affidavit, order, judgment, degree, plaint, restitution, execution. Decree holder,judgment- debtor,
mense profits, written statement., Distinction between decree and judgment and between decree
and order.
Jurisdiction Kinds, Hierarchy of courts, Suit of civil nature- scope and limits, Res subjudice and resjudicata,
Foreign judgment – enforcement, Place of suing, Institution of suit, Parties to suit: joinder mis-
joinder or non-joinder of parties representative suit Frame of suit: cause of action, Alternative
disputes resolution (ADR), Summons.
Unit-II Pleading Rules of pleading, signing and verification, Alternative pleading, Construction of pleadings,
Plaint: particulars, Admission, return and rejection, Written statement: particulars, rules of
Evidence, Set off and counter claim: distinction, Discovery, inspection and production of
documents Interrogatories Privileged documents Affidavits.
Unit-III Appearance, Examination, Trial and Suit in particular cases Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial
Adjournments,Interim orders: commission. arrest or attachment before judgment, injunction and
appointment of receiver.Interests or costs, Execution - concept General principles, Power for
execution of decrees, Procedure for execution (section 52-54), Enforcement, arrest and detection
(ss 55-56), Attachment (ss 65-64), Sale (ss 65-97), Delivery of property. Stay of execution.
Suits in Particular Cases - By or against government (ss 79-82)., By aliens and by or against foreign rules or ambassadors
(ss 83-87-A), Public nuisance (ss. 91-93), Suits by or against firm, Mortgage, Interpleader suits,
Suits relating to public charities, Indigent (Pauper) suits.
UNIT-IV Appeals, Review, Reference and Revision Appeals from decree and order general provisions relating to appeal, Transfer of cases
Restitution, Caveat, Inherent powers of courts, Law Reform : Law Commission on Civil
Procedure – Amendments.
Unit-V Limitation The concept- the law assists the vigilant and not those who sleep over the rights., object of the
law of Limitation, Distinction with latches, acquiescense, prescription., Extension and
suspension of limitation, Sufficient cause for not filing the proceedings. Illness. Mistaken legal
advise. Mistaken view of law. Poverty, minority and purdha., Imprisonment, Defective
vakalatnama, Legal liabilities, Acknowledgement- essential requisites, Continuing tort and
continuing breach of contract, Foreign rule of limitation : contract entered into under a foreign
law.
Selected Bibliography
1. MuIla, Code of Civil procedure (1999), Universal Delhi
2. C.K. Thakker, Code of Civil Procedure (1999), Universal Delhi
3. M.R. Mallick (ed.) B.B. Mitra on Limitation Act (1998), Eastern Lucknow.
4. Majumdar P.K. and Kataria R.P. Commentary on the Code of Civil Procedure.1908
(1998), Universal Delhi.
5. Saha A.N. The Code of Civil Procedure (2000) Universal Delhi
6. Sarkar Law of Civil Procedure Vols. (2000) Universal Delhi.
7. Universal’s Code of Civil Procedure (2000).
SEMESTER VI
PAPER II – BANKING LAWS INCLUDING NEGOTIABLE
INSTRUMENTS ACT
UNIT-I - Introduction Evolution of Banking institution in India, banking definition, banking, company in India,
banking legislation in India- common law and statutory, System and Classification of banks –
essential functions and special functions, Agency services, E Banking and recent trends in
banking.
UNIT-II Banker and Customers Customer, Banker – definition and nature, Legal character of banker - customer relationship,
Special types of customers: Lunatics, minors, agents administrators and executors. partnership
firms and companies, Duties and liabilities of banks and customers.
UNIT – III Negotiable Instrument Cheque- Meaning and characterstices, Duties and liabilities of banks, payment of cheques by
bank, liabilities of the banker in case of dishonour, protection of paying banker - forged cheques,
alteration of cheque, collection of cheques and drafts- protection of collecting banker.,Crossing
of cheques, Bill of exchange, promissory note – Meaning a nd characteristics and types of hundi,
notary public noting protest, acceptance for honour, payment for honour, Holder and holder in
due course- Definition and distinction between a holder and holder in due course, Endorsement
and its kinds, Acceptance, Presentment and Payment, Dishonour and discharge of negotiable
instrument.
UNIT-IV Central Banking Theory and RBI Characteristics and function of central banks, The Reserve Bank of India as central bank of
India, Objectives and organizational structure of RBI, Functions, Regulations of the monetary
system, Monopoly of note issue, Credit control, Determination of bank rate policy, Open market
operations, Banker’s Bank, Banker of Government, Control over non- bankingfinancial
institutions, Economic and statistical research, Staff training, Control and supervisions of other
banks.
UNIT-V Merchant Banking Merchant banking in India.SEBI (Merchant Bankers) Regulations. 1992., Recovery of Debts
Due to Bank and Financial institutions Act. 1993.
Selected Bibliography
1. M.S. Parthasarthy (ed.) Kherganvala on the Negotiable Instruments Act (1998),
Butterworth, New- Delhi
2. M.L. Tanaon, Tannon’s Banking Law and Practice in India, (2000) India Law House,
New Delhi.
3. S.N. Gupta, The Banking Law in Theory and Practice, (1999), Universal New Delhi.
4. G.S.N. Tripathi (ed.), Sethi’s Commentaries on Banking Regulation Act 1949 and
Allied Banking Laws (2000), Law Pub. Allahabad.
SEMESTER VI
PAPER III – LAND LAW
UNIT – I Concept Objects and Reasons and Basic features of enacting Madhya Pradesh Land Revenue Code, 1959.
Definitions : Abadi, Agriculture, Agriculture and Revenue years, Board, Bonafide Agriculturist,
Co-operative Society, Government Forest, Government Lesee, Holding, Improvement, Land,
Landless Person, Land Records, Mango grove, Orchard, Plot number, Rents, Revenue Officer,
Tenant, Tenure-holder.
UNIT – II Revenue Board and Revenue officer
Constitution and Conditions of service of members., Jurisdiction of Board and Powers of Board.
Revenue Officers, Their Classes and Powers and Procedure of Revenue Officer and revenue
courts, Powers of State Government to alter the limits, Powers of State Government of
appointing Revenue Officers, Sub-Divisional Officers, Powers to transfer Cases, Conferral of
Status of Courts, Inherent Powers and other Powers of Revenue Courts. Appeal, Revision and
Review, Appellate, Authorities and their powers and limitation for appeals, Revision
Review of orders, Stay of execution of orders
UNIT III Land and Land Revenue State ownership in all lands, Liability of land to pay land revenue, land exempted from payment
of land revenue, and variation of land revenue, Assessment, Reassessment,, Revenue Survey and
Settlement in Non Urban Area., Appointment and Powers of Settlement Officers, Revenue
Survey, Settlement of Rent, Assessment and Re-Assessment of Land in Urban Area, Land
Records, Formation of circles and appointment of Patwari and Revenue Inspectors,, Land
Records, Field Map, Record of rights, Realisation of Land Revenue.
UNIT – III Tenure Holders Bhuswami, Right of Transfer, Forfeiture, lease, set aside of transfer, Reversion of land of
members of aborigional tribes, Diversion of land, Relinquishment, abandonment, disposal and
partition of holding, Occupancy Tenants.
Unit – V Government lesee and service land rights and liabilities of
Government lesee Government lease - Appointment, Termination of lease, Service Land, Alluvion and Deluvion,
Consolidation of Holding, Village Officers, Patels, Kotwars.
UNIT – VI Rights in Abadi and unoccupied Land
Gram Sabha, Wajib-ul-arz, Nistar Patrak, Rights in forest Easement, Exclusive Jurisdiction of
Revenue Courts, Miscellaneous Provisions
Select bibliography 1. M.P. Land Revenue Code – 1959 (Jindal) 2008 Ed.
2. Basantilal Babel (Diglot) Vedpal Law in India 2007
SEMESTER VI
PAPER IV – INTELLECTUAL PROPERTY LAW
UNIT-I Introduction
The meaning of intellectual property, Forms of intellectual property: copyright, trademarks,
patents and designs, New forms as plant varieties and geographical indications, Introduction to
the leading international instruments concerning intellectual property rights: the Berne
Convention, Universal Copyright,. Convention, the Paris Convention, Trips, the World
Intellectual Property Rights, Organization (WIPO) and the UNESCO.
UNIT-II Selected aspects of the Law of copyright in India
Historical evolution of the copyright law, Meaning of copyright, Copyright in literacy, dramatic
and musical works, Copyright in sound records and cinematograph films, Ownership of
copyright, Assignment and licence, Copyright authorities, Infringement of Copy right and
remedies including Anton Pillor injunctive relief in India.
UNIT-III Trademarks
The rationale of protection of trademarks as an aspect of commercial and of consumer rights,
Dilution Theories of trade mark, Definition and concept of trademarks, Registration of
trademark- authorities under the trademark Act, Passing off and infringement, Remedies.
UNIT-IV Patents Concepts and Historical view of the patents, Process of obtaining a patent, authorities, Procedure
for filling patents: patent co-operation treaty, Prior publication or anticipation, Rights and
obligations of a patentee, Compulsory licences, Infringement – defences, Injunctions and related
remedies.
UNIT-V Geographical indication Act, New plant culture and breeds Act.
Selected Bibliography 1. Cornish W.R. Intellectual Property, Patents, Trade Marks, Copy Right and Allied Right
(1999), Asia Law House, Hyderabad.
2. Vikas Vashishth, Law and practice oi Intellectual Property 1999 Bharat Law House Delhi.
3. P. Narayanan, Ine1lectua1 Property Law (1999), (ed) Eastern Law House, Calcutta
4. Bibeck Debroy (ed). Intellectual Property Right (1998), Rajiv Gandhi Foundation, Delhi
5. U.I.F. Anderfelt, International Patent Legislation and Developing Countries (1971)
6. W.R. Cornish, Intellectual Property (3rd ed) (1996) Sweet and Maxwell
SEMESTER VI
PAPER V – MOOT COURT EXERCISE AND INTERNSHIP 1. Three components of 30 marks each and viva for 10 marks shall be conducted by
University.
2. Each component and via-voce examination of this paper will conducted by a panel of two
examiners out of which one external examiners shall be appointed by the examination
committee of the University and Internal examiner who may be retired professor/judges
shall be appointed by the Principal/Director/Head of the Institution concerned. The
remuneration shall be as per University norms.
3. (a) Moot Court (30 Marks). Every student will be required to participate in moot courts in
a year. The moot court work will be on assigned problem.
(b) Observe of Trial in two case, one Civil and one Criminal (30 Marks): Student may be
required to attend two trials in the course of the last two or three years of LL.B. studies.
They will maintain a record and enter the various steps observed during their attendance
on different days in the court assignment. This scheme will carry 30 marks.
(c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks):
Each student will observe two interviewing sessions of clients at the Lawyer’s
office/legal Aid office and record the proceedings in a diary, which will carry 15 marks.
Each student will further observe the preparation of documents and court paper by the
advocate and 6 the procedure for the filling of the suit/petition. This will be recorded in
the diary, which will carry 15 marks.
(d) The fourth component of this paper will be Viva Voce examination on all the above
three aspects. This will carry 10 marks.
SEMESTER - VI
PAPER VI (OPTIONAL –A) : . TAXATION LAW
UNIT- I Income Tax Act
Basic concepts- basis of charges of tax, Definitions, Residential status of assesses – its
impact on tax liability.
UNIT-Il Heads of income –
General concepts-Chargeability to tax- admissible & inadmissible deductions, exclusions and
deductions from income,Set off and carry forward of losses., salaries, Income from House
Property, Income from Profits of Profession and business, Capital Gains, Income from other
sources Clubbing of income.
UNIT- III Income tax authorities-
Powers & functions, Assessment, Allotment of permanent account number, Economic criteria
scheme.
UNIT- IV Appeal, Revision and Reference Appeal, Revision, Reference, Rectification, (Sec.269N, 269 UJ)
UNIT-V Prosecution and Penalties Prosecutions under Income Tax Act, 1961, Non- compliance, Contravention, Avoidance,
Evasion of tax, Penalties
Selected Bibliography 1. Taxman : Tax Planning and Management, (1998), Taxman
2. Agarwal, A.N. : Indian Economics (Selected Chapters) (1997) Wishwa
Prakashini, N.Delhi.
3. N.K. Palkhivala & B.A. Palkhivala (eds) : Kanga and Palkhivala’s Income
Tax Law and Practice (7th ed. 1976).
4. Agrawal, V.S. : Taxation of Salaries with Tax Planning (1990),
Professional Book Publishers, New Delhi.
5. V.S. Sunderam : Law of Income Tax in India (11th ed. 1978).
6. A.C. Sampat Iyengar : Three Taxes (6th ed. 1987).
7. K. Chaturvedi and S.M. Pithisaria : Income Tax Law (3rd ed. 1981).
8. V.P. Gandhi : Some Aspects of Indian Tax Structure : An Economic
Analysis (1970)
9. T. Mathew : Tax Policy
SEMESTER-VI
PAPER –VI (OPTIONAL)– (B) INFORMATION TECHNOLOGY LAW
UNIT-I Introduction Concept and Definition – Computer, Digital Signature, Key Pair,Subscriber, Verification,
Globalisation and ECommerce – U.S./U.K., I.T. Act 2000 – Aim and object, E-mail, Torts &
contract on Internet,Offences and Cyber Crimes, Stalking, Hacking, tempering, Junk Spaming –
publication of obscene material, offences of computer, worms & virus Defamation and internet
Loop holes in I.T. Act.
UNIT-II Adjudication and penalties Powers of Police Officers, The Cyber Regulations Appellate Tribunal, Appeal to High Court,
Compounding of contravention and Recovery of penalty
UNIT-III Protection of Consumers and Victims Protection of consumer & unfair Terms, Protection of person when person is not consumer,
Proposed Amendments, R.B.I. Guideline for A.T.M. Transactions
UNIT-IV International at sphere of Global Regime Civil Jurisdictions, Minimum contact Doctrine in U.S.A., E mail on Internet, Danger for
computer software failure.
UNIT-V Right of Privacy (on Internet) Media Law Right to Privacy – Breach of (Defamation, Tresspass, Nuisance, Breaching confidence and
harassment, Privacy on Internet, Real Victims of Virtual Crime
Select Bibliography
1. I.T. Tech. Law : Gupta & Agrawal – Premier Publication, Allahabad