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SYLLABUS BACHELOR OF LAW PART-I (FIVE YEARS COURSE) (First & Second Semesters) FOR 2010-2011, 2011-12 & 2012-13 SESSIONS SCHEME OF STUDIES First Semester ________________________________________________________________________ Paper Subject Univ. Int.* Max. Exam. Assess. Marks I. English-I 80 20 100 II. Political Science-I 80 20 100 III. Sociology-I 80 20 100 IV. Law of Contract 80 20 100 V. Law of Torts, Motor Vehicle 80 20 100 Accidents and Consumer Protection Total 400 100 500 Second Semester ________________________________________________________________________

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Page 1: UNIT- Ipunjabiuniversity.ac.in/syllabi/Old Syllabi [For Reference and Rec…  · Web viewSale of Goods Act, 1930. Sale and Agreements to Sell (Section 4) Contract of Sale – How

SYLLABUSBACHELOR OF LAW PART-I (FIVE YEARS COURSE)

(First & Second Semesters)

FOR 2010-2011, 2011-12 & 2012-13 SESSIONSSCHEME OF STUDIES

First Semester________________________________________________________________________Paper Subject Univ. Int.* Max. Exam. Assess. Marks

I. English-I 80 20 100II. Political Science-I 80 20 100III. Sociology-I 80 20 100IV. Law of Contract 80 20 100V. Law of Torts, Motor Vehicle 80 20 100 Accidents and Consumer Protection

Total 400 100 500

Second Semester________________________________________________________________________Paper Subject Univ. Int.* Max. Exam. Assess. Marks

I. English-II 80 20 100II. Political Science-II 80 20 100III. Sociology-II 80 20 100IV. Special Contract 80 20 100V. Public International Law 80 20 100

Total 400 100 500

* The break-up of 20 marks for Internal Assessment will be as under : (a) Project Report and Presentation 10 Marks (b) Two tests of which average will be considered for assessment 10 Marks

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GENERAL INSTRUCTIONS FOR THE PAPER SETTER FOR ALL THE PAPERS

1. The maximum marks for each paper are 80 and the time allowed in 3 hours.

2. The minimum number of marks required to pass each paper shall be 45% in University examination and 45% marks in University examination and internal assessment taken together in each paper.

3. The question paper will consist of five units : I, II, III, IV and V. Unit I, II, III and IV will have two questions from the respective Units of the syllabus and will carry 12.5 marks each. Unit V will consist of 10 short answer type questions, which will cover the entire syllabus uniformly and will carry 30 marks in all.

INSTRUCTIONS FOR THE CANDIDATES

Candidates are required to attempt one question each from the Unit I, II, III and IV of the question paper and the entire Unit-V.

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B.A. LL.B. Five Year CourseFirst Semester

Paper –I – English-I

Unit-I

The Merchant of Venice, Act I and II by William Shakespeare

Unit-II

The Merchant of Venice, Act III, IV and V by William Shakespeare

Unit-III

Grammar and Composition(a) Paragraph Writing(b) Grammar(i) Tenses, Sequence of Tenses and Concord, Preposition, Determiners and

adverbs.(ii) Combination of simple sentences to compound sentences and complex

sentences.(iii) One Word Substitution (words pertaining to Government, Marriage,

Death, Science & Arts, Professions and Trades, Nature Study)

Unit-IV

Legal Terms – Meaning and Usage

1 Plaint 2 Written Statement 3 Plaintiff4 Defence 5 Petition 6 Petitioner7 Appeal 8 Magistrate 9 Judge10 Court 11 Tribunal 12 Divorce13 Judicial Separation 14 Legitimate 15 Illegitimate16 Adoption 17 Maintenance 18 Alimony19 Valid 20 Void 21 Voidable22 Pleading 23 Litigation 24 Public25 Private 26 Monogamy 27 Bigamy28 Polygamy 29 Crime 30 Will31 Deed

Suggested Readings

Merchant of Venice : William ShakespeareHigh School English : Wren and MartinGrammar and CompositionThe Students’ Companion : Wilfred D. Best (Rupa & Co.)Judicial Dictionary : K.J. Aiyar

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B.A. LL.B. Five Year CourseFirst Semester

Paper –II – Political Science-I

Unit-I

1. Meaning, Nature and Scope of Political Science2. Political Theory : Traditional, Modern and Contemporary3. Relation of Political Science with Law, History, Economics and Sociology.

Unit-II

1. State : Meaning, Elements and its distinction from Government and Society2. Theories of the Origin of State : Social Contract Theory and Evolutionary Theory.

Unit-III

1. Liberalism : Meaning, Negative, Positive and Contemporary liberalism2. Socialism : Utopian and Democratic3. Marxism : Meaning and Features4. Gandhism

Unit-IV

1. Sovereignty : Meaning, Nature and types2. Monistic and Pluralistic theories of Sovereignty3. Political System : Meaning, Functions and its distinction from State.

Suggested Readings

An Introduction to Political Theory : O.P. Gauba Principles of Political Science : J.C. Johari Principles of Political Science : A.C. Kapoor Political Theory : M.P. Jain Political Theory : Andrew Heywood

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B.A. LL.B. Five Year CourseFirst Semester

Paper –III – Sociology-I

Unit-ISociology :

- Definition, Nature, Scope and Significance- Sociology and Law- Basic Concepts : Society, Community, Socialisation, Social Structure, Status and

Role, Social Groups, Norms and Values.

Unit-II

Institutions :- Economic Institutions- Political Institutions- Religious Institutions- Educational Institutions

Unit-III

Social Stratification :- Concept and Elements- Forms : Caste and Class- Theories: Max Weber, Karl Marx, Kingsley Davis and Wilbert E. Moore

Unit-IV

- Social Control- Social Processes- Social Problems – Corruption, Crime, Communal Conflict.

Suggested Readings

An Introduction to Sociology : Vidhya Bhushan and SachdevaSociology- Themes and Perspective : M. HarloumbosSociology- A Guide to Problems & Literature : T.B. BottomoreHuman Society : Kingsley DavisIntroducing Sociology : Peter Worsly et alFundamental of Sociology : GisbertSocial Problems in India : Ram Ahuja

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B.A. LL.B (Five Year Course)First Semester

Paper- IV- Law of Contract

UNIT-I

Agreement and Contract : Definitions and elements. Proposal and Acceptance : Various forms, essential elements, communication and revocation; proposal and invitation to a proposal.Consideration : its meaning, kinds and essential elements, its exceptions; present, past and adequate consideration, whether performance of existing duties amounts to consideration; stranger to contract cannot sue.Capacity to contract: incapacity arising out of status and mental defect ; minor’s agreement-definition of minor, agreements beneficial and detrimental to a minor, ratification in cases by a person of an agreement made by him while he was a minor ; “necessaries” supplied to a minor.

UNIT-II

Free Consent : its need and definition, factors vitiating free consent.Coercion- definition- Essential elements, duress and coercion-effect of coercion.Undue influence : Definition-essential elements. Between which parties can it exist? Who is to prove it? Illustrations of undue influence- pardanashin women-independent advice, unconscionable bargains, effect of undue influence.Misrepresentation : Definition-misrepresentation of law and of fact-their effects.Fraud : Definition, essential elements, active concealment of truth-importance of intention, when does silence amount to fraud?Mistake : Definition, kinds, mistake of law and of fact, their effectsLegality of consideration and object : unlawful consideration and objects :- Forbidden by Law- Defeating the provision of any law- Fraudulent- Injurious to person or property- Immoral- Against public policyVoid Agreements : Void, voidable and unlawful agreements and their effectsAgreements without consideration.Agreements in restraint of marriage.

UNIT-III

Agreements in restraint of trade : exceptions- Sale of good-will, restrictions under the Partnership Act, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service.

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Wagering Agreement : its exceptions.Contingent Contracts: Definition- enforcement- contingent contract and wagering agreement.Discharge of a contract and its various modes : By Performance- conditions of valid tender of performance- How, By whom, When, In what manner? Performance of reciprocal promises, time as essence of contract. By breach- anticipatory breach and present breach. Impossibility of performance: Specific grounds of frustration, effect of frustration. By agreement: Rescission and novation, their effect, remission and waiver of performance, extension of time, accord and satisfaction.

UNIT-IV

Quasi contracts or certain relations resembling those created by contracts.Remedies for breach of contract : Damages- Kinds-remoteness of damage-liquidated damages and penalty.Standard Form Contracts : Nature, advantages, unilateral character, principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses, Law Commission of India views.

SUGGESTED READINGS

1. A. G. Guest (ed.) : Anson’s Law of Contract 2. Avtar Singh : Law of Contract 3. R.K. Bangia : Law of Contract4. J.K. Dalal (ed.) : Mulle on the Indian Contract Act 5H vkH ;[ydo;aB f;zx yfjok L w[nkfJdk ekB{zB (gzikph :{Bhtof;Nh gpbhe/;aB)

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B.A. LL.B (Five Year Course)First Semester

Paper-V – Law of Torts, Motor Vehicle Accidents and Consumer Protection Law

Unit-I

(a) Definitions of Tort(b) Distinction between Tort and Crime(c) Distinction between Tort and Breach of Contract(d) Constitutents of Tort

Wrongful Act, Legal Damage- Demnum Sine Injuria and Injuria Sine Demnum Legal Remedy.

(e) General Defences Consent- Volenti Non Fit Injuria, Inevitable Accident, Act of God, Private Defence, Necessity, Statutory Authority.

Vicarious Liability Meaning and Instances of Vicarious Liability Master’s liability for wrong committed by his servant Liability of the State for the wrong committed by its servant

Unit-II

Defamation Constituents and DefencesTort against Person : Assault and BatteryNuisance : Essentials and defencesRule of Strict Liability & Absolute Liability.

Unit-III

Negligence : ConstitutentsThe Motor Vehicle Act-1988 Compulsory Insurance Compensation payable under the Act Insurer’s liability for persons on the roof of a bus, Insurer’s liability beyond the limits mentioned in the Act, Payment of Compensation in case of hit and run motor accidents, With and without Fault liability.

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Unit-IV

Development and Objects of Consumer Protection Laws ;The Consumer Protection Act, 1986 :Definitions, Complaint, Complainant, Consumer, ServiceConsumer Disputes Redressal Agencies : their composition and Jurisdiction Redressal of Complaints : Manner, Procedure and Limitation, Appeals

Suggested Readings

Law of Torts and Consumer : Dr. J.N. Pandey Protection Act

Law of Torts : Rattan Lal and Dhiraj LalLaw of Torts : RamaswamyLaw of Torts : R.K. BangiaLaw of Torts : D. D. Basu

The Consumer Protection Act, 1986 The Motor Vehicle Act

Consumer Protection Act (Punjabi) : Dr. Charanjit Singh

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B.A. LL.B. Five Year CourseSecond Semester

Paper –I – English-II

Unit-I

(A) Roses in December (Chapter-IV and Chapter-VII by M.C. Chagla)

Unit-II

(A) Roses in December (Chapter-X and Chapter-XVI by M.C. Chagla)

Unit-III

(A) Grammar and Composition (1) Formal Correspondence (2) Grammar- (i) Words often confused (ii) Basic transformations – (a) Passive (b) Questions, Question tags (c) Negatives (iii) Punctuation

Unit-IV

(A) Legal Terms – Meaning and UsageAgencyAgreementBail BailableBailmentContractCulpable HomicideDecreeDefamationExecutionFirst Information Report (F.I.R.)FraudGenocideGuaranteeGuardianHomicideIndemnityJudgementJudiciaryLegislation

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LegislatureLibelMalafideMinorMisstatementNon-BailableOrderPledgeSlanderSuicide

(B) Ab, initioAb intraAd interimAd ValoremAdhocAudi alteram PartemBona fidesDe facto

De jureDe novoDetinueEnrouteEx-officioEx parteEx post factoImpugneInter-aliaJure humaneLocus standiMala fide

Suggested Reading

Roses in December : M.C. ChaglaAny Standard Text-Book on Structural English and GrammarOxford Advanced Learners : A.S. HornbyDictionary of Current English.

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B.A. LL.B. Five Year CourseSecond Semester

Paper –II – Political Science-II

Unit-I

Rights : Meaning and FeaturesTheories of Rights : Liberal Theory, Laski’s Theory and Marxist Theory of RightsU.N. Declaration on Human Rights

Unit-II

Liberty and Equality : Meaning and Relation between them.Justice : Meaning and Various DimensionsDemocracy : Meaning and Theories (Liberal, Marxist and Elitist)

Unit-III

Forms of Government Unitary and Federal, Presidential and ParliamentaryForeign Policy : Meaning, Objectives and Determinants

Unit-IV

Nature of Party System in IndiaNational Political Parties (Indian National Congress, BJP, CPI, CPI(M), BSP) Organization, Ideology and election performanceRegional Political Parties (SAD, NC, DMK, AIADK, TDP, INLD) Organisation, Ideology and election performance.Pressure groups and their importance in Indian PoliticsCoalition Governments and Indian Political System

SUGGESTED READINGS

Contemporary Political Theory : J.C. JohariPolitical Theory : Sushila RamaswamyPolitical Theory : John HoffmannPolitics : Andrew HeywoodInternational Relations : V.K. MalhotraGlobalization of World Politics : John Baylis and Steve Smith (eds.)An Introduction to International : Robert Jackson and Georg SorensonRelations

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B.A. LL.B. Five Year CourseSecond Semester

Paper –III – Sociology-II

Unit-IINDIAN SOCIETY :Traditional basesUnity and DiversityTypes : Tribal, Rural and Urban

Unit-II

MAJOR SOCIAL INSTITUTIONS Caste, Class, Marriage and Family

Unit-III

CONTINUITY AND CHANGE IN INDIAN SOCIETYLaw and Social ChangeSocial Processes : Sanskritisation, Westernization, ModernisationReservation for SCs, STs, OBCs and Women.

Unit-IV

SOCIAL PROBLEMS :UnemploymentDowryAtrocities against WomenProblems of Working Women, Handicapped and Aged personsSociological Implications of Major Laws

SUGGESTED READINGS

An Introduction to Sociology : Vidhya Bhushan and SachdevaSociety in India : David G. MandlebaumIndian Society : S.C. DubeThe Structure of Indian Society : N.K. BoseInequality and Social Change : Andre BeteilleSocial Problems in India : Ram AhujaSocial Change in India: : Yogendra Singh Crisis and ResilienceSocial Change in Modern India : M.N. SrinivasTribe, Caste and Religion in India : Romesh ThaparRural Sociology in India : A.R. DesaiHindu Social Organization : P.H. Prabhu

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11B.A. LL.B (Five Year Course)

Second SemesterPaper- IV- Special Contracts

UNIT-I

Contract of Indemnity and Contract of Guarantee- Indemnifier’s Liability, Surety’s Liability- Discharge of Surety, Rights of Surety.Bailment – Essentials, Duties of Bailee, Rights of Bailee, Pledge- Rights of Pawnee.Agency – Agent and Principal, Creation and Revocation of Agency, Ratification, Personal Liability of Agents.

UNIT-II

Sale of Goods Act, 1930- Sale and Agreements to Sell (Section 4)- Contract of Sale – How made? (Section 5)

- Conditions and Warranties (Sections 12 to 17)- Transfer of Property in Goods (Sections 18 to 24)- Transfer of Title (Sections 27 to 30)

UNIT-III

- Performance of the Contract of Sale of Goods (Sections 31 to 37 and 42 to 44). - Unpaid Seller (Section 45) - Unpaid Seller’s Lien (Sections 47,48,49) - Stoppage in Transit (Sections 50,51,52) - Right to Resale (Sections 53,54) - Suits for Breach of the Contract (Sections 55 to 60) - Sale by Auction (Section 64)

UNIT-IV

Indian Partnership Act, 1932- Essentials of Partnership (Sections 4,5 &6)- Implied Authority of a Partner (Sections 18,19 &20)- Holding Out (Section 28)- Position of Minor in the law of partnership (Section 30)- Modes of Dissolution of Firm (Sections 39 to 44)- Registration of Firm (Section 56 to 59, Section 69)

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SUGGESTED READINGS

Anson’s Law of Contract : A.G. Guest (ed.) Law of Contract : Avtar Singh Law of Contract : R.K. Bangia Mulla on the Indian Contract Act : S.K. Dalal (ed.) Partnership Act and Sale of Goods Act : D.F. Mulla Principles of Mercantile Law : Avtar Singh Sale of Goods Act : R.K. Bangia Indian Partnership Act : R.K. Bangia

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B.A. LL.B. ( Five Year Course)Second Semester

Paper V - Public International Law

Unit-I

Definition, Nature and Basis of International Law.Sources of International Law Subjects of International Law : Individual ; State and International Organisations.

Unit-II

States in General – Meaning of State Territory; Different kinds of State and Non-State Entities.Recognition- Meaning, theories, modes of Recognition, Consequences of recognition and non-recognition.Self-Determination, Concept of Self-Defence.Diplomatic Agents under International Law

Unit-III

Jurisdiction of the State : Extra-territorial Jurisdiction and Immunities from Jurisdiction. Maritime Jurisdiction over Territorial Sea, Exclusive Economic Zone, High Seas & Ocean Floor.Extradition and Asylum.Intervention in International Law.

Unit-IV

Settlement of International Disputes : Amicable and Coercive methods.International Court of Justice : Composition, Jurisdiction and Role of the Court.Jurisdiction of International Criminal Court.International Tribunal for Law of Sea and WTO Dispute Settlement Board.

BOOKS RECOMMENDED

1. J.G. Starke : An Introduction to International Law2. S.K. Kapoor : International Law And Human Rights3. Malcolm Shaw : International Law4. Brownlie : Public International Law/Principles of International Law5. H.O. Aggarwal : International Law and Human Rights .

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