scheme of examination ll.b. (hons.) three year · rem) - damnum sine injuria and injuria sine...

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 )


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)


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)


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).






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.


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.


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






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


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.


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.


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.


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