for ll.m. (hons.) - gndu.ac.ingndu.ac.in/syllabus/201415/laws/llm hons semester i to iv...

FACULTY OF LAWS

SYLLABUS

FOR

LL.M. (HONS.)

(SEMESTER: I–IV) (Under Credit Based Continuous Evaluation Grading System)

Session: 2014-15

________________________________________________________________________

GURU NANAK DEV UNIVERSITY AMRITSAR

________________________________________________________________________

Note: (i) Copy rights are reserved. Nobody is allowed to print it in any form. Defaulters will be prosecuted. (ii) Subject to change in the syllabi at any time. Please visit the University website time to time.

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER SYSTEM (Under Credit Based Continuous Evaluation Grading System)

1

SCHEME FOR LL.M. (HONS.)

Semester I

Credits Course No. Title of the Course L T P

Total Credits

LAL751 Jurisprudence-I 3 0 0 3

LAL752 Constitutional Law of India-I 3 0 0 3

LAL753 Principles and Methods of Legislation and Interpretation of Statutes

3 0 0 3

LAL754 Human Rights 3 0 0 3

Total Credits 12 0 0 12


2


Semester II

LAL755 Jurisprudence-II (Law and Social Transformation)

3 0 0 3

LAL756 Constitutional Law of India-II

3 0 0 3

LAL757 Law, Science and Technology 3 0 0 3

LAL758 Comparative Personal Laws 3 0 0 3



3

SCHEME FOR LL.M. (HONS.) FOR THE SESSION 2014-15

Semester III

LAL851 Research Methodology 5 2 0 7

LAL852 Environment Protection Law- International Perspective

5 0 0 5

Any TWO groups from LAL853 to LAL857 of the following:

CRIMINAL LAW GROUP

LAL853 General Principles of Criminal Law

5 0 0 5

CONSUMER PROTECTION LAW AND POLICY GROUP

LAL854 Consumer Protection: International Perspective

5 0 0 5

LABOUR LAW GROUP

LAL855 Labour Jurisprudence and International Labour Standards

5 0 0 5

INTERNATIONAL LAW GROUP

LAL856 General Principles of Public International Law

5 0 0 5

BUSINESS LAW GROUP

LAL857 Law of Industrial and Business Management

5 0 0 5

Interdisciplinary Courses

To be offered from the outside Department

4 0 0 4



4


Semester IV

Any ONE group (two papers) out of three groups already taken in Third Semester (from LAL858 to LAL875)

CONSTITUTIONAL LAW GROUP

LAL858 Administrative Law

5 0 0 5

LAL859 Federalism 5 0 0 5

CRIMINAL LAW GROUP

LAL860 Criminal Jurisprudence and Social Defences

5 0 0 5

LAL861 Administration of Criminal Justice

5 0 0 5

FAMILY LAW GROUP

LAL862 Law of Adoption and Guardianship 5 0 0 5

LAL863 Law of Succession and Inheritance 5 0 0 5

CONSUMER PROTECTION LAW AND POLICY GROUP

LAL864 Consumer Protection: National Perspective

5 0 0 5

LAL865 Consumer Protection Act and Competition Law

5 0 0 5

ENVIRONMENT LAW GROUP

LAL866 Environment Protection Law- National Perspective

5 0 0 5

LAL867 Environment and Development- Law and Policy

5 0 0 5

LABOUR LAW GROUP

LAL868 Industrial Relations Legislation 5 0 0 5

LAL869 Labour Welfare and Social Security Legislation

5 0 0 5

INTERNATIONAL LAW GROUP

LAL870 International Organizations 5 0 0 5

LAL871 Emerging Trends in International Law

5 0 0 5


5

BUSINESS LAW GROUP LAL872 Law of Corporate Management

5 0 0 5

LAL873 Trade Law 5 0 0 5

LAD874 Dissertation & Viva-Voce 0 0 10 10

Interdisciplinary Courses

LAL875 To be offered from the outside Department

4 0 0 4


6 LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – I

(Under Credit Based Continuous Evaluation Grading System)

LAL751 JURISPRUDENCE – I

3+0+0 Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20 MINOR II: 20

Major Max. Marks: 50 Quiz/Viva: 10

MINOR I

1. Nature of Jurisprudence 2. Concept of 'Legal Theory' and 'Jurisprudence' 3. Concept and Philosophy of Law 4. Physical, Social, Religious and Legal Order 5. Natural Law and its Re-emergence

MINOR II

1. Historical and Anthropological Jurisprudence 2. Analytical School 3. Pure Theory of Law, Criticism of Pure Theory and Implications of the Theory

MAJOR (Including Minor I & Minor II)

1. Sociological Jurisprudence and Sociology of Law 2. American and Scandanavian Jurisprudence 3. Judicial Activism

Suggested Readings: R.W.N. Dass: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi, 1994 G.W. Paton: A Text Book of Jurisprudence Karl N Liewellyn: Jurisprudence Realism in Theory and Practice W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER -I


7

LAL752 CONSTITUTIONAL LAW OF INDIA - I 3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)



MINOR I Preamble Citizenship Fundamental Rights Fundamental Duties MINOR II Directive Principles of State Policy Union Executive and State Executive Union Legislature and State Legislature MAJOR (Including Minor I & Minor II) Union Judicial and State Judiciary Comptroller and Auditor General Services under the Union and States Amendment of the Constitution Suggested Readings: M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.



8

LAL753 PRINCIPLES AND METHODS OF LEGISLATION AND INTERPRETATION OF STATUTES




MINOR I -Principles and Methods of Legislation -The Process of Drafting - Different Parts of Statutes - Commencement, Repeal and Revival of Statutes -Enabling, Consolidating and Codifying Statutes -Doctrine of Repugnancy -Power Conferred with specified Purpose -Inference from Negative and Affirmative words. -General Principles of Interpretation of Statutes The Primary Rule: literal construction Mischief Rule; Golden Rule; Harmonious Construction Ut res magis Valeat quam Pereat -Statutes to be read as a whole (Ex Visceribus Actus) MINOR II -Beneficial Construction -Restrictive Construction INTERNAL AIDS Title; Preamble Definition or Interpretation Clause; Headings; -Marginal Notes; Punctuation Marks; Illustrations; Proviso, Explanation; Schedule -Legal fiction, non obstante clause EXTERNAL AIDS -Parliamentary History of the Enactment, Legislative History -General Social Policy; Public Policy- Historical Setting -Previous Legislation and Statutes in Pari materia -Previous Decision -Text Books, Dictionaries - International Conventions



9

MAJOR (Including Minor I & Minor II) -Retrospective Operation of Statutes -Doctrine of Prospective Over Ruling SUBORDINATE PRINCIPLES OF INTERPRETATION -Uni est Exclusio Alterius -Generalia Specialibus Non-derogant; -Treatment of General Words -Doctrine of Ejusdem Generis -Words Understood According to the Subject Matter -Rules of casus omissus -Redendo Singula Singulis; Noscitur a Sociis - Contemporanea expositio est fortissima in lege MODERN STATUTORY INTERPRETATION IN PRACTICE Non Interpretive Doctrines

- The Basis of the Doctrine - Filling in a gap in legal text - Resolving Contradictions - Correcting Mistakes in the language of the text - Avoiding absurdity - Cy Pres Performance

Enlightened Literalism (Evolutionary development of the modern approach) Suggested Readings: Maxwell: Maxwell on Interpetation of Statutes Jermy Bentham: Principles of Morals and Legislation Sutherland: Statutory Construction Craies: Statute Law Craw Ford: Satutory Construction N.S. Bindra: Interpretation of Statutes, Seventh Edition With Supplement, The Law Book Co., Allahabad, 1987 P.M. Bakhsi: An Introduction to Legislative Drafting, Third Edition, N.M Tripathi, Bombay J. G.P. Singh: Principles of Statutory Interpretation Shiv Gopal: Interpretation of Statutes V.P. Sarathy: Interpretation of Statutes



10

LAL754 HUMAN RIGHTS 3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated) MINOR I: 20 MINOR II: 20


MINOR I

International Bill of Human Rights

• The UN charter and Human Rights.

• The UN declaration of Human Rights and its significance

• The international covenants on Human Rights.

MINOR II

Human Rights of weaker section

• Convention on elimination of all forms of discrimination against women.

• Convention on Child Rights.

• UN Declaration on elimination of all forms of intolerance and discrimination

based on religion or belief, 1987.


Prevention of Inhuman Acts

• Convention on genocide, 1948

• Convention on Protection of all persons from being subjected to torture and

other crude or inhuman degrading treatment or punishment, 1984.

• Convention on elimination of all forms of racial discrimination, 1965

• Convention against apartheid, 1972



11

Recommended Readings:

Batra T.S. : Human Rights – A Critique (1992) Haragopal, G. : Political Economy of Human Rights (1996) Menon Nivedita : Women’s Rights (1995) Mohanty, M & others : People’s Rights (1997) Moon, Vasant (ed.) : Dr. Babasaheb Ambedkar-Writings and

Speeches (1991) Weiner M. : State & The child in India (1988) Beetham, David : Politics & Human Rights (1995) Ginsberg, M. : On Justice in Society (1965) Kothari, Smitu & Harsh Sethi

: Rethinking Human Rights (1992)

Rawls, John : A Theory of Justice (1972) Tuck, Richard : Natural Law & Natural Rights (1988) Waldron, J. : Theories of Rights (1984)

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – II (Under Credit Based Continuous Evaluation Grading System)

12

LAL755 JURISPRUDENCE – II (LAW & SOCIAL TRANSFORMATION)




MINOR I

1. Moral Theory and its Application to Law 2. Connection Between Law and Morality 3. Hart-Fuller Controversy 4. Hart-Devlin Controversy 5. Meaning and Concept of Justice 6. Distributive Justice

MINOR II

1. Advantages and Disadvantages of Justice 2. Justice in Adapting to Change 3. Critical Legal Studies Movement 4. Feminist Jurisprudence


1. Post-Modernist Jurisprudence 2. Critical Race Theory 3. Property 4. Law and Economics

Suggested Readings: R. W .M. Dias: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi, 1994. G.W. Paton: A Text Book of Jurisprudence Karl N. Llewellyne: Jurisprudence: Realism in Theory and Practice. W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967. Roscoe Pound: An Introduction to the Philosophy of Law. H.L.A. Hart: The Concept of Law-Second Revised edition

by Joseph Raz. Ronald Dworkin: Taking Rights Seriously. Jerome Hall: Foundations of Jurisprudence. Lord Lloyd: Lloyd's Introduction to Jurisprudence 6th ed. M.D.A. Freeman ELBS with Sweet & Maxwell N.E. Simonds: Central Issues in Jurisprudence. Edgar Bodenheimer: The Philosophy and Method of the Law, Harward University Press


13

LAL756 CONSTITUTIONAL LAW OF INDIA - II 3+0+0



MINOR I Relations between Union and States Emergency Provisions

MINOR II Liability of State on Government in Torts and Contracts Freedom of Trade, Commerce and Intercourse Tribunals Elections MAJOR (Including Minor I & Minor II) Right to Property Special Provisions with relating to certain classes Official Languages Special Status to Jammu & Kashmir Pancahyats and Municipalities Schedules Suggested Readings: M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.


14

LAL 757 LAW, SCIENCE & TECHNOLOGY 3+0+0




MINOR I Era of Professionalism and Specialization due to 1st and 2nd Industrial Revolution and the Legal efforts to keep pace with the changing notions Medical Practices and Law Medical Malpractice Confidentiality and Privilege Concept of “Informed Consent” Patients Right of Full Disclosure of Course Of Therapy, including side effects of Drugs MINOR II Biotechnology and the Legal efforts in the fields of- Application on Plants, Animals, Humans BioMetrics Artificial Insemination Human Organs Transplantation Female Foeticide

MAJOR (Including Minor I & Minor II) Information Technology Act 2000 as amended by IT Act, 2008 Concept of E-Justice, E-Commerce, M-Commerce Credit Card Frauds Digital Forensics Suggested Readings: Anoop Kaushal- Medical Negligence and Legal remedies, Universal Law Publishing Co Pvt Ltd., Delhi, 2008. Nandita Adhikari- Law and Medicine, Central Law Publications, 2009. Reference Material Marianne Talbot: Bioethics: An Introduction, Cambridge University Press, 2012. U.Baxi, Biotechnology and Legal Order : Dilemmas of Future of Law and Human Future Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004 Law Relating to Computers, Internet and e-Commerce-Nandan Kamath Cyber Law in India–Farooq Ahmad Guide to Cyber Laws- Rodney D. Ryder Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004


15

LAL 758 COMPARATIVE PERSONAL LAWS




MINOR I Constitutional validity of different Personal Laws Inter-Personal Law Conflicts Uniform Civil Code MINOR II Application of Hindu Law and Muslim Law Nature of marriage under different Personal laws Requirements of marriage under different Personal laws Live-in-Relationship

MAJOR (Including Minor I & Minor II) Nullity of Marriage under different Personal Laws Divorce under different Personal Laws Restitution under different Personal Laws Child Marriage under different Personal Laws Maintenance under different Personal Laws BARE ACTS: The Hindu Marriage Act, 195 The Special Marriage Act, 1954 Anand Marriage Act, 1909 Arya Marriage Validation Act, 1936 Maintenance under Muslim Women (Protection on Divorce) Act, 1986 Suggested Readings: 1. A.M. Bhattacharjee Matrimonial Law and Constitution 2. M.A Qureshi Marriage and Matrimonial Remedies 3. Tahir Mohamad Personal Laws in Crises 4. Naseem Akhter Family law on Divorce and Judicial Separation

16 LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III


LAL851 RESEARCH METHODOLOGY

Credit: 5+2+0

Total Marks: 100 (Equivalent Grade Points to be Indicated) MINOR I: 20

MINOR II: 20 Major Max. Marks: 50

Quiz/Viva: 10 MINOR I Meaning, Scope and Objective of Legal Research Difficulties in Legal Research Doctrinal or Traditional Research Non- Doctrinal or Empirical Research Role of Legal Research in Law Making Role of Judges and Jurist in Legal Research Law Reform and Codification Identification and Formulation of a Research Problem MINOR II Hypothesis: Meaning, Concept and Significance of in Legal Research Sampling: Importance, Techniques and Kinds Research Design: Formulation Methods of Data Collection: Questionnaire, Interview, Interview Schedules, Survey, Observation and Case Study Method

MAJOR (Including Minor I & Minor II) Tabulation and Analysis of Aggregate Data Data Processing: Editing and Coding Use of Statistical Techniques in Data Analysis Use of Computer in Legal Research Research Report Writing Foot Noting Bibliographic Techniques Suggested Readings: 1. Indian Law Institute: Legal Research and Methodology 2. Janathan Anderson: Thesis and Assignment /Writing 3. Victor Tunkel: Legal Research (The Indian Re-print) 4. Simon Lee and Marie Fox: Learning Legal Skills (The Indian Reprint) 5. Kate L. Turabian: Manual for Writers of Term Papers, Thesis & Dissertations 6. Joseph Gibaldi: MLA Handbook for Writers of Research Papers 7. The Blue Book: A Uniform System of Citation 8. Enid Campbell: Legal Research: Materials and Methods 9. Erin H. Pollack : Fundamentals of Legal Research. 10. S.M. Shukla : Fundamentals of Research



LAL852 ENVIRONMENT PROTECTION LAW-INTERNATIONAL PERSPECTIVE

Credit: 5+0+0



Quiz/Viva: 10

MINOR I - Sources of International Environment Law - Development of International Environment Law - Development of Integrated Pollution Prevention and Control - Pollution Prevention and Control Act, 1999 (U.K.) - The Stockholm Conference - Brundtland Commission

MINOR II

(i) Rio-de-Janeiro Conference (ii) Kyoto Protocol (iii) Montreal Protocol (iv) Johns Bourg Declaration (v) The Bali Summit (vi) Aviation and its Impact on Environment

MAJOR (Including Minor I & Minor II) Space Law in 21st Century: Perspectives and Challenges

- Space Treaty of 1967: A World Charter of Space Law - EC Directives on National Emissions Ceilings, 2001 - EC Directive on Ambient Quality Assessment and Management 1996 Onwards - The Making of New World Order: Combining International Law and Ecological

Sciences - Gothenburg Protocol to Abate Acidification, Eutrophication and Ground Level Ozone,

1999 Suggested Readings: 1. Birnie, P.W.: International Law and the Environment 2004. 2. Chandra Geetanjali: Public Interest Litigation and Environment 2006. 3. Chatterjee, B.: Environment Laws 2007. 4. Chaturvedi Pardeep: Energy Environment and Sustainable Development 2002. 5. Gurdeep Singh: Environment Protection.



LAL853 GENERAL PRINCIPLES OF CRIMINAL LAW

Credit: 5+0+0



MINOR I Nature and Definition of Crime Elements of Crime: -Actus Reus -Mens Rea (with special reference to its kinds) MINOR II Inchoate Crimes (Preliminary Crimes) Joint/Constructive Liability Strict Liability MAJOR (Including Minor I & Minor II) General Defences (i) Excusable (ii) Justifiable Four Salient Features of Criminal Law Innocent until proved guilty; Burdon of Proof; Right to remain silent; Double Jeopardy Suggested Readings:

1. Rattan Lal and Dhiraj Lal Law of Crimes, Wadhwa & Co., Nagpur

2. Jaspal Singh Law of Crimes

3. R.C. Nigam General Principles of Criminal Law



LAL854 CONSUMER PROTECTION: INTERNATIONAL PERSPECTIVE

Credit: 5+0+0



Quiz/Viva: 10 MINOR I - United Nations and Consumer Protection - Current Status of the UN Guidelines for Consumer Protection - ECOSOC (Economic and Social Council) - Consumer Protection in Japan - Consumer Protection in Brazil - Consumer Protection Code of Brazil MINOR II - Consumer Protection in the United Kingdom (U.K.) - Consumer Protection in the United States of America (U.S.A.) MAJOR (Including Minor I & Minor II) - Consumer Protection and Electronic Commerce - Internal Dispute Resolution and Business and Marketing Practices - Consumer Perceptions of Privacy and Security Risks in Online Shopping - Globalisation: A New Paradigm for Consumer Protection - Consumer Participation in the Post Globalised Era - Consumer Participation in various Under- developed and Developed Countries -Corporate Social Responsibility and SEZs Suggested Readings: 1. Jan Rifat: Consumerism and Legal Protection of Consumers, Deep and Deep Publications

Private Limited, New Delhi, 2007 2. Sawant, B.P. and: Advertising Law & Ethics, Universal Law Publishing 3. Bandyopadhyay Cooperation Limited, Delhi, 2002. 4. D.Bull: A growing Problem: Pesticide and the Third World Poor Government of India,

Report of Working Group of Health for All by 2000 A.D Proceedings of the World Congress on Law and Medicine ( 1984 & onwards)

5. Cyber Law, E-Commerce & M- Commerce: Ahmed Tabrez

Reference Material: 1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi,

Bombay, 1995. 2. Cranston, Ross, 3. U.N. Guidelines and Related Developments 4. ECOSOC and International Bodies towards achievement of Consumer Protection



LAL855 LABOUR JURISPRUDENCE AND INTERNATIONAL LABOUR STANDARDS

Credit: 5+0+0



Quiz/Viva: 10 MINOR I Welfare Positivism – Concept of welfare State, Jurisprudence of Welfare Positivism, Feminist Jurisprudence and Labour International Labour Organizations- Origin Structure and Role of ILO in Labour Jurisprudence Conventions and Recommendations ILO Control on Labour Legislation Indian Constitution and Labour- Preambular Objective of Socialist Democracy Fundamental Rights as part of Indian Labour Jurisprudence Directive Principles Jurisprudence and Labour MINOR II Industrial Relations in Jurisprudence Importance of Industrial Relation Law Tripartism in Industrial Relations Immunities and Protection of Workers Coeriecve means and legitimate Weapons Conciliation and Arbitration Unfair Labour Practices ILO Conventions on Freedom of Associations and collective bargaining (no 87 and 98) MAJOR (Including Minor I & Minor II) Social Security Jurisprudence- Importance of Social Security Compensatory Jurisprudence Insurance and Pensionary Jurisprudence Social Security for Un-organized Labour ILO Convention no 18 Welfare Jurisprudence ILO Conventions no 1, 11, 14 ILO Recommendations No. 42 Working Hours for Adult, Child and Women workers Paid Holidays Safety Provisions



Suggested Readings:

1. ILO Website

2. N. Vadynathan, ILO Labour Standards, Deep and Deep Publiciations, Delhi

3. Johannes Sehregle, Negotitating Development, ILO Office, Geneva

4. E M Rao, Industrial Jurisprudence, Lexis Nexis , Butterworths, New Delhi

5. S C Sharma, Industrial Relations Jurisprudence in India, ABS Publications, Jalandhar



LAL856 GENERAL PRINCIPLES OF PUBLIC INTERNATIONAL LAW

Credit: 5+0+0



MINOR I Concept and basis of International Law Codification of International Law Sources and subjects of International Law Relationship between International Law and Municipal Law MINOR II Codification of the Law of the Sea under UN Territorial Sea: Territorial Waters, Contiguous Zone, Continental Shelf, EEZ Piracy Developments after 1982 MAJOR (Including Minor I & Minor II) Terrorism and the UN Legal Control on International Terrorism Terrorism and National Measures Disarmament and the UN Multilateral Treaties on Arms Limitation and Disarmament Bilateral Treaties on Disarmament Suggested Readings: 1. Ian Brownlie: Principles of Public International Law, Clarendon Press,

London, 1990 2. J.G. Starke: Introduction to International Law, Aditya Books,

New Delhi, 1994 3. D.J. Harris: Cases and materials on International Law, Sweet and maxwell,

London, 1991 4. Malcolm N. Shaw: International Law, Grotius Publications, Cambridge, 1986 5. Michael Akehurst: A Modem Introduction to International Law, George Allen

and Unwin, London, 1984. 6. D.W. Greig: International Law, Butterworths, London, 1976. 7. Sorensen: International Law 8. R. P. Anand: Law of the Sea 9. R.C. Hingorani: Modern international Law, IBH Publishing Co. Bombay.

1982 10. S.K. Kapoor: International Law, Central Law Agency, Allahabad, 1996. 11. K.C. Joshi: International Law and Human Rights



LAL857 LAW OF INDUSTRIAL AND BUSINESS MANAGEMENT

Credit: 5+0+0



Quiz/Viva: 10 MINOR I Critical Evaluation of the Indian Contract Act Formation of Contract through Posts and Tele-communication Standard Forms of Contract Definition and Meaning of Consideration Role of the Doctrine of Privity of Contract and of Consideration in India MINOR II Flaw in Capacity and Quasi-Contract: Effect of Minor's Agreements Doctrine of Restitution and Minor's Agreement in India Contracts by Persons of Unsound Mind Relations Resembling those Created by Contract or Quasi-Contract Supply of Necessaries, Payment by Interested Persons Liability to Pay Non-Gratitutous Acts Finder of Goods Flaws in Consent: Undue Influence and Coercion, Misrepresentation and Fraud and Mistake their effects on the Free Consent and Contract MAJOR (Including Minor I & Minor II) Legality of Object and Void Agreements Unlawful Agreement-Doctrine of Public Policy and its Effect on Agreements in India Void Agreements Agreements without Consideration Restraint of Marriage and of Trade Statutory and Judicial Exceptions Wagering Agreements, Effects of Wagering Transactions and Unlawful Agreements on Collateral Transactions in India Validity of Agreements in India Role of the Doctrine of Frustration in Contract in India Discharge of Contract Scope of Damages for Contract under the Indian Contract Act



Suggested Readings: 1. Chitty On: Contract Acts, Sweet & Maxwell, London 2. Venkatesa lyer's: The Law of Contracts, Vols. I & II, Asia Law House,

Hyderabad, 995. 3. Jeevan Lal Kapur: Pollock and Mulla on Indian Contract Act and

Specific Relief Acts, N.M. Tripathi, Bombay, 1972. 4. Avtar Singh: Law of Contract, Eastern Book Co., Lucknow

25 LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV


LAL858 ADMINISTRATIVE LAW

Credit: 5+0+0



MINOR I Meaning, Nature and Scope of Administrative Law Evolution and Development of Administrative Law in India Relationship between Administrative Law and Constitutional Law Doctrine of Separation of Powers Rule of Law Delegated Legislation-Permissible Limits and Controls MINOR II Classification of Government Functions Administrative Adjudication-Constitutional Provisions Tribunal System in India Principles of Natural Justice Proceedings Involving the State Tortuous and Contractual Liability of State With holding of Documents from Evidence Doctrine of Estoppel MAJOR (Including Minor I & Minor II) Right to Information Act, 2005 Right to Services Law Judicial Review of Administrative Action Public Law Review and Private Law Remedies Administrative Discretion Exclusion of Judicial Review Public Interest Litigation and its Emerging Dimensions Suggested Readings:

1. Harlow and Law and Administration (London, 1997) 2. Rawlings Wade and Administrative Law (Oxford 1994, 2004) 3. Forsyth’s Cane Administrative Law (Oxford, 2004) 4. M.P. Jain Cases and Materials on Indian Administrative Law, N.M. Tripathi, Bombay 5. D.D. Basu Administrative Law, Kamal Law House, Calcutta 6. Jain and Jain Principles of Administrative Law, Fourth Edition, N.M. Tripathi, Bombay 7. S.A De Smith Judicial Review of Administrative Action, Third Edition, Stevensons,

London 8. S.P. Sathe Administrative Law, N.M. Tripathi, Bombay 9. I.P. Massey Administrative Law, Fourth Edition, Eastern Book Co., Lucknow 10. C.K. Takwani Lectures on Administrative Law in India, Eastern Law Book Co.,

Lucknow



LAL859 FEDERALISM

Credit: 5+0+0



MINOR I Federal Principle: Development and Current Trends Federal Characteristics in the U.S., Australian, Canadian and Indian constitutions Legislative and Administrative Relations between Centre and the States in India Sarkaria MINOR II Commission's Recommendations of Constitutional Review Commission Emergency Provisions under the Indian Constitution Governor: Appointment, Powers and Position Comparison with USA, Australian and Canadian Constitutions Right to Information Act, 2005 MAJOR (Including Minor I & Minor II) Financial Relations between Centre & the States in India Trade and Commerce: Restrictions on the freedom within the Territory of India Difference between Articles 19(I) (g) and 301 Comparison with Australian and Canadian Positions Suggested Readings:

1. D.D. Basu: Comparative Federalism

2. Anirudh Prasad: Centre and State Powers under the Indian Federalism

3. Rasheed Uddin Khan: Federal India: A Design for Change

4. M.C. Saxena: The Dynamism of Federalism

5. K.C. Wheare: Federal Constitution

6. K.C. Wheare: Modern Constitutions

7. Chander Pal: Co-operative Federalism

8. Seervai: COI

9. M.P. Jain: COI



LAL860 CRIMINAL JURISPRUDENCE AND SOCIAL DEFENCES

Credit: 5+0+0




MINOR I Concept of Crime Theories of Crime Causation Nulla poena sine lege Nullum crimen sine lege Indian Constitutional aspects, as they find expression in the Criminal Law MINOR II Victimology Meaning and Nature Categories of Victim Problems of Victim Concept of Juvenile Delinquency Communal Violence MAJOR (Including Minor I & Minor II) Penology: Definition & its Growth as a Concept Theories of Punishment: Retribution Utilitarian Prevention: Deterrence Utilitarian Intimidation Behavioral Prevention: Incapacitation Behavioral Prevention: Rehabilitation – Expiation Capital Punishment and its Constitutionality Victim Compensation Laws in India Public Interest Litigation



Suggested Readings: 1. K.S.Chhabbra:

The Quantum of Punishment in Criminal Law

2. H.L.A. Hart: Punishment and Responsibility

3. A.Siddique: Criminology

4. U.Baxi:

“Dissent, Development and Violence” in R.Meaghar (ed.)

5. Ranjit Guha(ed.,):

Subaltern Studies Vol. 1-6 (1983-88)

6. Rajni Kothari: State against Democracy (1987) 7. G.Shah:

Ethnic Minorities and Nation Building: Indian Experience

Law Commission of India, Forty-Second Report Ch.3 (1971) Law Commission of India, One Eighty Seventh Report

8. K.S. Shukla “Sociology of Deviant Behaviour” in 3 ICSSR Survey of Sociology and Social Anthropology 1969-179 (1986)

9. Tapas Kumar Banerjee Indian Criminal Law (1990), R. Company & Co., Calcutta.



LAL861 ADMINISTRATION OF CRIMINAL JUSTICE Credit: 5+0+0



MINOR I The Accusatorial System of Trial and the Inquisitorial System Hierarchy of criminal courts & their Jurisdiction Criminal Investigation Role of the police, prosecutor and the judge in investigation

MINOR II PRE-TRIAL &TRIAL PROCEDURES Arrest and Questioning of the accused The Rights of the accused The Evidentiary Value of Statements/ articles seized/ collected by the Police Role of the Judge , the prosecutor and the defence attorney in the trial Admissibility and inadmissibility of Evidence

MAJOR (Including Minor I & Minor II) SENTENCING: Principal Types of sentences in the Penal Code & Special Laws Alternatives to Imprisonment Concept of Bail Probation & Parole Plea Bargaining IMPRISONMENT Classification of Prisoners Rights of Prisoner Legal Aid and Legal Services Disciplinary regime of Indian Prisons & its role Open Prisons & Judicial Surveillance Role of Court in Correctional Programmes in India

Suggested Readings:

1. Celia Hampton Criminal Procedure 2. Wilkins and Cross Outline of the Law of Evidence 3. Archbold, Pleading Evidence and Practice in Criminal Cases 4. Sarkar Law of Evidence 5. K.N. ChandrasekharanPillai (ed.), R.V. Kelkar’s Outlines of Criminal

Procedure (2000), Eastern, Lucknow 6. Sanders &Young Criminal Justice (1994)

Criminal Procedure Code,1973 7. 14th and 41st report of Indian Law Commission



LAL862 LAW OF ADOPTION AND GUARDIANSHIP

Credit: 5+0+0



Quiz/Viva: 10

MINOR I Adoption under Hindu Law (Ancient and Modern) Adoption under Customary Law Inter-Country Adoption MINOR II Hindu minority and Guardianship Act, 1956 Guardianship under different Personal Laws MAJOR (Including Minor I & Minor II) Sources of Hindu Law Dowry Act Dower Matrimonial Property



LAL863 LAW OF SUCCESSION AND INHERITANCE Credit: 5+0+0




MINOR I (15 Credit Hours) Indian Succession Act, 1956 MINOR II (15 Credit Hours) Waqf Hindu Endowment Act MAJOR (Including Minor I & Minor II) (20 Credit Hours) Hindu Joint Family and Coparcenary Mitakshara and Dayabhaga Schools Karta and his Power of Delineation Son’s pious obligation to pay father’s debt Changing position and Notions of Property Rights of Women Hindu Succession Act



LAL864 CONSUMER PROTECTION: NATIONAL PERSPECTIVE

Credit: 5+0+0



MINOR I

• History and Need for Consumer Protection • International Developments in the field of Consumer Protection • Development of Consumer Law in India • Consumer Rights under the Consumer Protection Act, 1986 • Consumer Protection Councils • Redressal Mechanism under the Consumer Protection Act, 1986

MINOR II Applicability of the Consumer Protection Act, 1986 to Various Services:

(a) Consumer Protection Act and the Medical and Legal Profession (b) Consumer Protection Act and the Educational Services MAJOR (Including Minor I & Minor II)

• Developments in the Consumer Protection Law in India

(a) Group Actions and the Consumer Protection Law

(b) Business Self-Regulation and Consumer Protection Law

(c) Emergence of the Movement for Green Consumerism

• Non-Legal Measures for Consumer Protection

(a) Consumer Education

(b) Lobbying

(c) Boycotting



Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay, 1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep & Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co., Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993. 5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education

and Research Centre, Ahmedabad, 1990-97. 6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984. 7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991. 8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.



LAL865 CONSUMER PROTECTION ACT AND COMPETITION LAW

Credit: 5+0+0




MINOR I • Anti Trust Laws- Evolution and further Developments • Unfair Trade Practices under the Consumer protection Act • Restrictive Trade Practices under the Consumer protection Act

MINOR II • Monopolies and Restrictive Trade Practices Act • Monopolies and Restrictive Trade Practices Commission • Resolution of Conflict between Consumer Protection Act and MRTP Act in cases relating

to unfair trade Practices and Restrictive/Monopolistic Trade Practices MAJOR (Including Minor I & Minor II) • Competition Act, 2002: Objectives • Definitions • Constitution, Procedure of Competition Commission, Inquiry, Reference, Penalties,

Powers, Execution, Compensation for Contravention, Penalty for failure to comply with directions, Penalty for Non-furnishing of information on combinations

• Competition Appellate Tribunal Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay, 1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep & Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co., Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993. 5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education

and Research Centre, Ahmedabad, 1990-97. 6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984. 7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991. 8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.



LAL866 ENVIRONMENT PROTECTION LAW-NATIONAL PERSPECTIVE

Credit: 5+0+0



Quiz/Viva: 10 MINOR I Environment

- Historical Development and Growth of Environment Law including CPC Ss. 90-91, Cr.P.C S.133, IPC Ss. 278-279

- Principles of Sustainable Development (i) Inter- Generational Equity (ii) The Precautionary Principle (iii) The Polluter Pays Principle (iv) Doctrine of Public Trust (v) Environment Impact Assessment (vi) Strict Absolute Liability

Constitutional Provisions - Preamble - Legislative Powers concerning Environment (I) Union List (II) State List (III) Concurrent List - Fundamental Rights and Environment Protection - Directive Principles of State Policy and Environment Protection - Fundamental Duties and Environment Protection - Writ Jurisdiction and Prevention of Environmental Pollution - India’s International Obligations to Implement International Agreement - Role of Judiciary in Environment Protection The Water (Prevention and control of Pollution) Act, 1974

- Composition, Functions and Powers of the Boards - Prevention and Control of Water Pollution - Penalties and Procedure

MINOR II The Air (Prevention and Control of Pollution) Act, 1981

- Composition, Functions and Powers of the Boards - Prevention and Control of Air Pollution - Penalties and Procedure



Noise Pollution - Definitions - Noise Pollution Control and Constitutional Provisions - Sources of Noise Pollution - Effects of Noise Pollution - Control of Noise Pollution under Criminal Law - Control of Noise Pollution under Central Legislations - Control of Noise Pollution under Noise Pollution (Regulation and Control ) Rules,2000

The Environment Protection Act, 1986 - Scope and Commencement of the Act - Definitions - Powers of Central Government to protect and improve environment - Penalty for contravention of the Provisions of the Act - Offences by Companies and Government Departments - Bar of Jurisdiction - Role of Non- Government Organisations in Environment Protection

Public Liability Insurance Act, 1991 - Liability to Give relief on principle of No Fault - Application for Claim for Relief - Cognizance of Offences - Penalty

The National Environment Tribunal Act, 1995 - Liability to pay compensation in Certain Cases on Principle on No Fault - Application for claim for compensation - Composition, Powers and Functions of Tribunal

The National Green Tribunal Act, 2010 - Salient Features

MAJOR (Including Minor I & Minor II) The Hazardous Wastes (Management and Handling) Rules, 1989 as Amended in 2000

- Definitions - Responsibility of the Occupier and Operator of facility for Handling of the Wastes - Import and export of hazardous Wastes for dumping and disposals

The Bio-Medical Waste (Management and Handling) Rules, 1998 - Definitions - Duty of the Occupier - Treatment and disposal of Bio- Medical Waste

The Municipal Solid Wastes (Management and Handling) Rules, 2000 - Definitions - Responsibility of Municipal Authority, State Government and U.T Administrators in

Management of Municipal Solid Waste



The Wild Life Protection Act, 1972

- Constitutional Mandate to Protect Wild Life - Composition, Powers and Functions of the Authorities under the Act - Hunting of Wild Animals - Protection of Specified Plants - Protected Areas - Central Zoo Authority and Recognition of Zoo - Trade and Commerce in Wildlife - Prohibition of Trade and Commerce in Trophies, Animal Articles - Prevention and Detention of Offences - Penalties

The Factories Act, 1948 - Chapter III Health - Chapter IV-A Provisions Relating to Hazardous Process Suggested Readings: 1. Our Common Future: The World Commission on Environment and

Development, Oxford University Press, Oxford,1987.

2. Paras Diwan and Peuish Diwan: Environment Administration Law and Judicial Attitude (2 Volumes), Deep & Deep Publication, New Delhi, 1992

3. K. Thakur: Environment Protection: Law and Policy in India. Deep & Deep Publication New Delhi, 1997.

4. Gurdeep Singh: Environment Protection.



LAL867 ENVIRONMENT AND DEVELOPMENT- LAW AND POLICY

Credit: 5+0+0



MINOR I Environment and Development: Meaning and concept of development - Its impact on environment Conflict between Environment and Development Concept of Sustainable Development. (Principles of Polluter Pay Principle, Precautionary Principle, Intergenerational Equity) Public Trust Doctrine. People’s Movements (Chipko, Tehri and Narmada Bachao Andolan) Land Acquisition for Development projects – Social and Legal Problems. MINOR II Judicial Activism and Environment: Public Interest Litigation for Environmental Protection; Theories of Development Right to Development Sustainable Development - National and International Perspectives Population Explosion and Environmental Impact Population and Development Population and Sustainable Development MAJOR (Including Minor I & Minor II) Town and Country Planning: Key to Environment Policy Planning concerning use of urban land Role of Local bodies Environment Impact Assessment- Meaning, Objectives, Scope and Guidelines Role of Government: Five Year Plans Forest Policy Conservation strategy Water Policy Control of Land Development Eco-friendly Land Planning:

Conservation, Utilization and Conversion Mining and Quarrying



Suggested Readings: 1. Armin Rosencranz, Shyam Divan, Martha L. Noble: Environmental Law

2. A. Agarwal (ed.): Legal Control of Environmental Pollution

3. Chetan Singh Mehta: Environmental Protection and Law

4. V.R. Krishna Iyer, Environment Pollution and Law

5. Shah, Environmental Law

6. Leela Krishna, P, The Evolving Environmental Law and Policy in India

6. Leela Krishna, P, Environmental Law

7. Paras Diwan, Environmental Law, Policy, Administration

8. Animal Laws of India, Maneka Gandhi, University Law Publishing Co. Pvt. Ltd.

9. S. Shanthkumar, E L, Surya Publications, Delhi.



LAL868 INDUSTRIAL RELATIONS LEGISLATION

Credit: 5+0+0



MINOR I Industrial Relation System Settlement of Disputes Strikes, Lock-Out, Retrenchment, Lay-off, Closure The Industrial Disputes Act, 1947 MINOR II The Trade Union Democracy Trade Unions: Registration, Recognition, Rights and Obligations of Trade Unions The Trade Union Act, 1926 MAJOR (Including Minor I & Minor II) The Industrial Employment (Standing Order) Act, 1946 The Child Labour (Prevention and Registration of Regulation) Act The Contract Labour (Regulation and Abolition) Act Suggested Readings: 1. R. Bagri: Law of Industrial Disputes. Bharat Books, New Delhi, 1985 2. D. Punekar: Labour Welfare, Trade Unionism and Industrial Relations,

Himalaya Books, Bombay, 1980 3. C. Sharma: Jurisprudence of Industrial Relations in India.



LAL869 LABOUR WELFARE AND SOCIAL SECURITY LEGISLATION

Credit: 5+0+0



MINOR I Labour Welfare: Theories, Working Condition in Factories and Mines State Control and Factories Act, 1948 Regulations of Working Condition, Working Hours, Leave etc MINOR II Methods of Wage Fixation and Wage Differentials Dearness, Allowances and Other Fringe Benefits Concept and Theories of Social Security MAJOR (Including Minor I & Minor II) Social Security Legislation in India Statutory Enactments to be studied The Mines Act, 1952 The Employers' Liability Act, 1938 The Minimum Wages Act, 1948 The Payment of Wages Act, 1936 The Payment of Bonus Act, 1965 The Payment of Gratuity Act, 1972 The Maternity Benefit Act, 1961 The Workmen's Compensation Act, 1923

Suggested Readings:

1. International Labour Organization: An Approach to Social Society 2. International Labour Organization: An Introduction to Social Security Workers

Education Manual 3. S.B.L. Nigam: State Regulation of Minimum Wages 4. V.G. Goswami: Labour and Industrial Laws 5. S. N. Mishra: Labour and Industrial Laws, Allahabad,

Law Agency Allahabad, 1992 6. K. Madhvan Pillai: Labour and Industrial Law, Allahabad Law Agency,

Allahabad, 1993 7. Reports: Reports of the National Commission on Labour,

1969.



LAL870 INTERNATIONAL ORGANISATIONS

Credit: 5+0+0



MINOR I

Evolution and Classification of International Organizations

Function of International Organizations

League of Nations: Functions, Achievements and Causes of its Failure

Collective Security System under the League and UN

MINOR II

United Nations: Historical Background, Purposes and Principles

Membership, Suspension and Expulsion

Principles Organs of the UN

-Security Council

-Economic and Social Council

-Secretary General


Principles Organs of the UN

- General Assembly

-Trusteeship Council

-International Court of Justice

Agencies of the UN

-World Health Organization

-World Intellectual Property Organization

-International Labour Organization

-Food and Agricultural Organization



Suggested Readings: 1. D.W. Bowett: The Law of International Institutions, Sweet and Maxwell,

London, 1995 2. Lerory Bennet: International Organisations Principles and Issues, Fourth Edition,

Prentice Hall, London, 1994 3. George Scott: The Rise and Fall of the League of Nations, Hutchinsons,

London, 1973 4. F.S. Northedge: The League of Nations: Its Life and Times (1920-1946),

Leicester University Press, Leicester, 1986 5. Sydney D, Bailey: The United Nations: A Short Political Guide, Macmillan

Press, London, 1989 6. Evan Luard: The United Nations: How it Works and What it Does,

Macmillan Press, London, 1974 7. Leland M. Godrich: The United Nations in a Changing World, Columbia

University Press, 1974 8. Pater R. Bacher: The United Nations: Reality and Ideal, Preager Publishers, New York, 1990 9. Shabtai Rosenne: The World Court, Leiden, A:W., 1973. 10. Nagendra Singh The Role and Record of International Court of Justice,

Martinus Nijhoff Publishers, Boston, 1989.



LAL871 EMERGING TRENDS IN INTERNATIONAL LAW

Credit: 5+0+0



MINOR I -Nationality -Diplomatic Agents -Treaties -Piracy MINOR II Law of Air and Outer Space - Air Space: Theories and Conventions - Five Freedoms of Air - Development of Law on Outer Space - Various Conventions and Treaties on Outer Space MAJOR (Including Minor I & Minor II) Refugee and the Law -Definition, Rights & Protection -India & Refugee: Obligations, Law & Policies -Role of UNHCR in Refugee Protection -Rights of Refugee women & children



LAL872 LAW OF CORPORATE MANAGEMENT

Credit: 5+0+0



MINOR I Genesis of Corporate Law in India Corporate Personality Doctrine of Ultra Virus Doctrine of Indoor Management MINOR II Director’s Role Corporate Liability Civil and Criminal Social Responsibility of Corporate Entity Minority Rule MAJOR (Including Minor I & Minor II) Winding up of Company SEBI Regulations Workers Participation Mergers & Acquisition Collective Bargaining



LAL873 TRADE LAW

Credit: 5+0+0



Quiz/Viva: 10

MINOR I Introduction to International Trade Law Regulation of International Trade U.N. Convention on the Limitation period in International Sale of Goods Act, 1973 MINOR II Carriage of Goods by Land, Water and Air Marine Insurance TRIPS and Other Treaties WTO Obligations, Conceptual frame work and agreement MAJOR (Including Minor I & Minor II) Trade Mark and Passing Off: Introduction to Trade Mark and Its Relevance and Need for Protection, Trade Mark Act, 1999, Passing Off Exhaustion of Right in Trade Mark Domain Name Dispute and Cyber Squatting Law relating to Geographical Indications: Domestic as well as International Law Traditional Knowledge



LAD874 DISSERTATION & VIVA-VOCE

Credit: 0+0+10