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Syllabus

The document outlines the regulations and guidelines for the LL.B. three-year program under the Choice Based Credit System (CBCS), to be implemented from the academic year 2019-20. It details the course structure, eligibility criteria, admission procedures, attendance requirements, and examination patterns, including the distribution of credits across various courses. Additionally, it specifies rules regarding internships, dress codes during internships, and assessment methods for practical training papers.

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Pravin Jadhav
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0% found this document useful (0 votes)
16 views44 pages

Syllabus

The document outlines the regulations and guidelines for the LL.B. three-year program under the Choice Based Credit System (CBCS), to be implemented from the academic year 2019-20. It details the course structure, eligibility criteria, admission procedures, attendance requirements, and examination patterns, including the distribution of credits across various courses. Additionally, it specifies rules regarding internships, dress codes during internships, and assessment methods for practical training papers.

Uploaded by

Pravin Jadhav
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1

Facculty of Hum
manitiees
Masteer of Laws
L.B. – Three Year)) Progrrammee
(LL
Choiice Bassed Crredit System (CBC
CS)
( be im
(To mplemeented froom Acaddemic Year
Y 20199-20)
2

Regulations and Guidelines


Under Choice Based Credit System (CBCS)
LL.B. - Three Years Programme
(To be implemented from Academic Year 2019-20)

1. LL.B. Rule 1: Implementation of Regulations & guidelines - The Regulations and


guidelines shall be implemented as mentioned below-
LL.B. Part – I, Sem I&II from Academic year 2019-2 0
LL.B. Part – II, Sem III &IV from Academic year 2020-21
LL.B. Part – III, Sem V &VI from Academic year 2021- 22

The Course and Duration:


a) LL.B. degree course constitutes Bachelor’s Degree Course in Law.
b) The duration of the LL.B. Course shall be 3 academic years consisting of 6 semesters.
c) Each academic year shall be divided into two semesters:
Course July to November / December to April /
December May
3 Year First LL.B. Semester I Semester II
3 Year Second LL.B. Semester III Semester IV
3 Year Third LL.B. Semester V Semester VI

d) Each Semester shall consist of 15 weeks with not less than 30 class hours per week.
e) The papers and the syllabus shall be as given in the Scheduled –A appendedto
these regulations.
2. LL.B. Rule 2: Eligibility Criteria:
a) Admission into 3 Year LL.B. Course is subject to MH-CET, Government of Maharashtra and
Shivaji University Rules and Regulations.
b) An applicant who has graduated in any discipline of knowledge from a University established
by an Act of Parliament or by a State Legislature or an equivalent national institution
recognized as a Deemed University or Foreign University recognized as equivalent to the
status of an Indian University by an authority competent to declare equivalence, may apply for
a three years programme leading to conferment of LL.B. degree on successful completion of
the regular programme conducted by a University whose degree in law is recognized by the
Bar Council of India for the purpose of enrolment.

Provided that applicants who have obtained +2 Higher Secondary Pass Certificate or First
Degree Certificate after prosecuting studies in distance or correspondence method shall also be
considered as eligible for admission in the three years LL.B. programme.

Explanation: The applicants who have obtained 10+2 or graduation / post - graduation through
open Universities system directly without having any basic qualification for prosecuting such
studies are not eligible for admission in the law course.
3
3. LL.B. Rule 3: Minimum percentage of Qualifying Examination:
Bar Council of India may from time to time, stipulate the minimum percentage of marks
not below 45% of the total marks in case of generalcategory applicants, 42% of the total
marks in case ofOBC category and 40% of the total marks in case of SC and ST applicants,
to be obtained for the qualifying examination, such as +2 Examination in case of
Integrated Five Years’ course or Degree course in any discipline for Three years’ LL.B.
course, for the purpose of applying for and getting admitted into a Law Degree Program of
any recognized University in either of thestreams.
Provided that such a minimum qualifying marks shall not automatically entitle a person to
get admission into an institution but only shall entitle the person concerned to fulfill other
institutional criteria notified by the institution concerned or by the government concerned
from time to time to apply for admission.

4. LL.B. Rule 4: Admission Procedure: As per MH-CET admission procedure prescribed by


Government of Maharashtra.
5. LL.B. Rule 5: Attendance: No student of any of the degree program shall be allowed to take
the end semester test in a subject if the student concerned has not attended minimum of 70%
of the classes held in the subject concerned as also the moot court room exercises, tutorials
and practical training conducted in the subject taken together.
Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in
any subject, the Dean of the University or the Principal of the Centre of Legal Education, as
the case may be, may allow the student to take the test if the student concerned attended at
least 65% of the classes held in the subject concerned and attended 70% of classes in all the
subjects taken together. The similar power shall rest with the Vice Chancellor or Director of
a National Law University, or his authorized representative in the absence of the Dean of
Law.
Provided further that a list of such students allowed to take the test with reasons recorded
be forwarded to the Bar Council of India.
6. LL.B. Rule 6: Prohibition against lateral entry andexit:
There shall be no lateral entry on the plea of graduation in any subject or exit by way of
awarding a degree splitting the integrated double degree course, at any intermediary
stage of integrated double degreecourse.
However, a University may permit any person to audit any subject or number of subjects
by attending classes regularly and taking the test for obtaining a Certificate of
participation from the University/ Faculty according to the rules prescribed by the
University from time to time and gives a Certificate therefore.
7. LL.B. Rule 7: Pattern of CBCS :
a) The CBCS System: All programmes shall be run credit-based semester system. It is an
instructional package developed to suit the needs of the students to keep pace with the
developments in higher education and the quality assurance expected of it in the light of
liberalisation and globalisation in the higher education.
b) Credit: The term credit refers to the weightage given to the course, usually in the relation to
the instructional hours assigned to it. For instance, four hour theory course and one hour
practical work for week is given five credits. However, in no instance the credits of a course
can be greater than the hours allotted to it.
4
c) Three Year LL.B. Programme comprising of 6 semesters shall be of total 36 courses of
minimum 192 credits which include 30 Compulsory Core Courses (Discipline Specific Core
Courses [Link]) and 6 Ability Enhancement Compulsory Courses (AECC).
d) All compulsory Core Courses shall be of 70:30 pattern except 4 clinical papers, whereas, skill
enhancement courses shall be of 50 marks internal; written examination at the college
[Link] passing this examination, two credits will be assigned to the students. 50 marks
examination includes 25 objective typesof questions of 2 marks each. The minimum passing
criteria shall be 20 marks.
e) Inclusion of mandatory subjects – Democracy, Election and Good Governance (Semester I) as
per the recommendations of Government of Maharashtra and Shivaji University, Kolhapur.
Every student is required to obtain minimum passing grade in this course as per the Shivaji
University norms for the award of degree.
8. LL.B. Rule 8: Minimum Period of Internship:
a) Each registered student shall have completed minimum of 12 weeks internship for Three
Year Course stream and 20 weeks in case of Five Year Course stream during the entire
period of legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal
Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market
Institutions, Law Firms, Companies, Local Self Government and other such bodies as
the University shall stipulate, where law is practiced either in action or in dispute
resolution or inmanagement.
Provided that internship in any year cannot be for a continuous period of more than Four
Weeks and all students shall at least gone through once in the entire academic period
with Trial and Appellate Advocates.
b) Each student shall keep Internship diary in such form as may be stipulated by the
University concerned and the same shall be evaluated by the Guide in Internship and also
a Core Faculty member of the staff each time. The total mark shall be assessed in the
Final Semester of the course in the 4thClinical course as stipulated under the Rules in
Schedule II.

9. LL.B. Rule 9: FormalDressCodeduringinternship:


Studentsplacedunderinternshiporin moot court exercise shall have formal dress of legal
professional in pupilage as follows: (For all) White/Black trouser, white shirt, black tie,
black coat, black shoe and black socks. When students have problems of getting the
entire formal dress for any reason, they have to have a white trouser, full sleeve shirt to
be tucked in and covered shoe.
(Optional for Girl students) Black printed saree, with white full sleeve blouse and
covered black shoe or Lawyer’s Suit with black covered shoe.
The Organization or Advocate under whom the internee is placed is required to follow
suitable dress code.

10. LL.B. Rule 10: Examinations and Assessment:


The pattern of CBCS for Semester examinations shall be as mentioned below:
a) LL.B. Part – I, Sem I & II:-70 marks University Semester Examination for each theory
paper in eachSemester and 30 Marks for Internal Assessment at College Level.
b) LL.B. Part – II, Sem III & IV:-70 marks University Semester Examination for each theory
paper in eachSemester and 30 Marks for Internal Assessment at College Level.
5
c) LL.B. Part – III, Sem V &VI: -70 marks University Semester Examination for each theory
paper in eachSemester and 30 Marks for Internal Assessment at College Level.
11. LL.B. Rule 11: Weightage: There shall be 3300 marks for 3 years having 6 Semesters LL.B. CBCS
Program with 192Credits.

a) LL.B. Part – I (Sem I & II):


For LL.B. Part I total 10+2=12 papers with 6 papers of each semester and total Credits shall
be 64 with32 Credits for each Semester.
I. There shall be Ability Enhancement Compulsory Courses (subjects) (hereafter termed as
AECC) with Paper 1 for Sem I (Legal Research) and Paper 2 for Sem II (Public Interest
Lawyering) each of 50 marks, as compulsory course.
II. There shall be five Discipline Specific Compulsory (DSC) papers per semester.
III. There shall be five DSC courses with 70 marks for end-semester theory examinations at
University Level and 30 marks for internal assessment at College Level.

b) LL.B. Part –II (Sem III & IV)–


For LL.B. Part I total 10+2=12 papers with 6 papers of each semester and total Credits shall be
64 with 32 Credits for each Semester.
I. There shall be Ability Enhancement Compulsory Courses (subjects) (hereafter termed as
AECC) with Paper 1 for Sem I (Fundamentals of Cyber Law) and Paper 2 for Sem II (Law
and Entrepreneur Skills) each of 50 marks, as compulsory course.
II. There shall be five Discipline Specific Compulsory (DSC) papers per semester.
III. There shall be five DSC courses with 70 marks for theory examinations at University
Level and 30 marks for internal assessment at College Level.

c) LL.B. Part –III (Sem V & VI)–


For LL.B. Part I total 10+2=12 papers with 6 papers of each semester and total Credits shall be
64 with 32 Credits for each Semester.
I. There shall be Ability Enhancement Compulsory Courses (subjects) (hereafter termed as
AECC) with Paper 1 for Sem I (Advocacy Skills) and Paper 2 for Sem II (Criminal Law
Investigation and Forensic Science) each of 50 marks, as compulsory course.
II. There shall be five Discipline Specific Compulsory (DSC) papers per semester.
III. There shall be five DSC courses with 70 marks for theory examinations at University
Level and 30 marks for internal assessment at College Level.

d) Credit distribution chart for LL.B. Program with Course Code:


Course Name Total Total % in total
Courses(Papers) Credits course
DSC : Discipline Specific Core 30 180 93.75
Course
AECC : Ability Enhancement
Compulsory 6 12 6.25
Courses
6
TOTAL 36 192 100%

12. LL.B. Rule 12: Scheme of Examinations:


Following is the Scheme of Examination:
i) Each DSC course of 6 credits will be assessed on basis of 100 marks. The marks will be
divided under two heads, internal assessment 30 marks and End- Semester University
Examination 70 marks. Each DSC Course shall have continuous internal assessment of 30
marks. The student shall have to secure minimum 10 marks to pass in the internal assessment
of the respective DSC course. For each DSC Course End Semester University Examination of
70 marks, the student shall have to secure minimum 25 marks to pass in the End-Semester
University Examination. The minimum passing in each DSC Course shall be 35 marks
(10+25) and the average passing percentage for every semester shall be 40 percent.

The weightage of internal assessment shall be based on the following.

Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva VoceCollege Level : 10 Marks
--------------
: 30 Marks
--------------
ii) Each Ability Enhancement compulsory Course (AECC) of 2 Credits shall be of 50 Marks.
This paper shall be in self instructional mode under the guidance of Class Mentors or
Class Teacher. The assessment of the Skill Enhancement Course shall be internal
assessment. The weightage for the continuous internal Assessment shall be based on the
following.

Internal Assessment -For passing this examination, two credits will be


assigned to the students. 50 marks examination includes 25 objective type
questions with two marks each. The minimum passing criteria shall be 20
marks.

iii) The student failing in internal assessment of any course will be deemed to have
failed in the End - Semester University Examination of the respective course. Such
student shall be allowed to reappear for the internal assessment only in the next
semester.
iv) Appearing in Internal Written Test of all DSC Courses and Skill Enhancement
Courses is strictly compulsory.
v) The internal assessment marks for each semester for all DSC Courses, AECC along
with requisite Credits earned by the student for the Compulsory Foundation Course
shall have to be sent to the University, prior to the commencement of the respective
End - Semester University Examination.
vi) A student who has passed in the internal assessment but has failed in the End -
Semester University Examination, his / her internal marks and credits earned for
respective course/paper will be carried forward till the validity of his / her
respective semester.
vii) A student who has failed in the End- Semester theory examinations but passed in
7
internal assessment can reappear for theory paper and his marks of internal
assessment will be carried forward.

13. LL.B. Rule 13: Practical Training Papers:


a) Practical Training Paper I: Professional Ethics and Professional Accountancy
for Lawyers and Bar-Bench Relations. The theory End-Semester University
Examination shall be 70 marks and internal assessment of30 marks at college level.
b) Practical Training Paper II: Alternative Disputes Resolution (ADR): The
theory End-Semester University Examination shall be 70 marks and internal
assessment only of30 marks at college level.
c) Practical Training Paper III: Drafting, Pleading and Conveyance (DPC): The
course will be taught class instructions and simulation [Link] from
teaching the relevant provisions of law, the course may include not less than 15
practical exercises in Drafting of pleadings carrying the total of 45 marks (3 marks
for each) and 15 exercises in Drafting of Conveyancing, carrying another 45 marks
(3 marks for each). Remaining 10 marks will be given for viva voce.
d) Practical Training Paper IV: Moot Court Exercise and Internship: This paper
may have 3 components of 30 marks each and a viva of 10 marks (Moot Court 30
Marks, Observance of Trial in Two Cases 30 Marks, Interviewing Techniques and
Pre-Trial Preparation and Internship Diary 30 Marks.
e) Duration of Semester Examination for each theory paper - The duration of
Semester Examination for each theory paper of 70 marks shall be of three hours.
f) Standard of passing- The Standard of passing shall be minimum 35 in each DSC
Course both theory + internal assessment and average passing for every semester
shall be 40 percentages. However ATKT rules shall be applicable to Theory
Paper only as per University norms.
14. LL.B. Rule 14: Passing and Carrying Forward the Semester:
1) For grant of respective academic year, the student must have kept two terms
with requisite attendance, must have appeared in the internal written test of
each course / paper and has secured minimum passing marks in internal
assessment of each course / paper shall be eligible.
(2) The student who has passed all the papers of Semester I and II will be
promoted to Semester III (Second year). The students who have passed
minimum 7 papers out of 10 core papers will be allowed to keep terms
(ATKT).
(3) The student who has passed all the paper of First Year and passed all the
papers of Second Year i.e. Semester I, II, III and IV will be promoted to
Semester V (Third year). The students who have passed minimum 7 papers
out of 10 core papers of Semester III and IV (Second year) will be allowed
to keep terms ( ATKT).
(4) The student who has passed Semester I, II, III, IVshall be awarded with a
8
LL.B. General Degree (Completion of Two Years).
(5) The student who has passed Semester I, II, III, IV, V& VI shall be
awarded with LL.B. Special Degree (Completion of Three Years).

15. LL.B. Rule 15: GradationChart:


Numerical Grade
Marks CGPA Letter Grade
(Grade Point)
Obtained

Absent 0 (zero) - -
0 – 34 0 to 4 0.0 – 4.99 F (Fail)
35 – 44 5 5.00 – 5.49 C
45 – 54 6 5.50 – 6.49 B
55 – 64 7 6.50 – 7.49 B+
65 – 74 8 7.50 – 8.49 A
75 – 84 9 8.50 – 9.49 A+
O
85 – 100 10 9.50 – 10.0
(Outstanding)

Note:
1. Marks obtained > = 0.5 shall be rounded off to next higherdigit.
2. The SGPA & CGPA shall be rounded off to 2 decimalpoints.
3. Marks obtained in 50 marks or 200 marks paper shall be converted to
100marks.

Calculation of SGPA & CGPA

1. Semester Grade Point Average (SGPA)

S
∑(Coursecredits×Gradepointsobtained)ofasemester
GPA=
∑(Coursecredits)ofrespectivesemester

2. Cumulative Grade Point Average (CGPA)

∑(Total credits of a semester × SGPA of respective semester) of all semesters


CGPA=
∑(Total course credits) of allsemesters

16. LL.B. Rule 16: Result - The result of each Semester shall be declared as Pass or Fail or
Allowed to Keep Terms (A.T.K.T. for Semester II & IV) with grade/ grade points and
Creditsgained.
Revised Rules - These revised rules will be implemented with effect from the academic
year 2019-20 onwards for LL.B. degree program. However the existing (i.e. pre-
revised) rules shall remain in force for the students of old semester pattern during the
transitionperiod.
9
17. LL.B. Rule 17: Question Paper Model:
The Question Paper of Three Year LL.B. 70 marks shall consists of total seven questions
carrying 15 marks each, out of which a student can opt any four. The question number
eighth shall be mandatory consisting of four short notes out of which the students have to
opt any two of 5 marks each.

Practical Training Paper I – Professional Ethics and Professional Accounting System and
Practical Training Paper II – Alternative Disputes Resolution (ADR), the examination
pattern is 70:30. For 70 marks University Written Examination will be conducted and for
30 marks internal assessment will be conducted at college level.

Regarding practical training paper – III: Drafting, Pleading and Conveyance (DPC) and
Practical Training Paper – IV: Moot Court Exercise and Internship, there shall be no
theory examination. Viva Voce Examinations for 10 marks each will be conducted in
presence of External Examiners appointed by the University. 90 marks will be allotted for
both the papers as per BCI norms.

Model Question Paper Format:

First year of Three Year LL.B., (Semester I) CBCS


Examination, October, 2019
Law of Contract – I (Paper – I)
Subject Code: _____

Day & Date: ____ Total Marks: 70


Time: ______

Instructions:
1. Attempt any four questions from [Link]. 1 to 7.
2. Q. No. 8 is compulsory.
3. Figures to the right indicate full marks.
___________________________________________________________________________
Q.1.____________________________________________ (15)
Q.2.____________________________________________ (15)
Q.3.____________________________________________ (15)
Q.4.____________________________________________ (15)
Q.5.____________________________________________ (15)
Q.6.____________________________________________ (15)
Q.7.____________________________________________ (15)
[Link] short notes (Any Two): 2x5 (10)
a) __________________
b) __________________
c) __________________
d) __________________
10

CBCS - LL.B. 3 Year :Structure:LL.B. Part –I

Semester I
Teaching Scheme and Evaluation Scheme
Theory Hours Internal Weekly
Course Total Total
Subjects Examination Assessment Hours
Marks
Teaching
Credits
Code Shiv. Uni. College Hours
Law of Contract
(General
Principles of
DSC-101 Contract and 70 4.2 30 1.8 100 06 06
Specific Relief
Act)
Constitutional
DSC-102 70 4.2 30 1.8 100 06 06
Law -I
Law of Torts
and
DSC-103 Consumer 70 4.2 30 1.8 100 06 06
Protection
Act
Law of
Crimes-I
DSC-104 70 4.2 30 1.8 100 06 06
(Indian Penal
Code)
DSC-105 Family Law-I 70 4.2 30 1.8 100 06
06
AECC- Legal
- - 50 - 50 - 02
106 Research
Total 350 21.00 200 9.0 550 30 32

Semester II
Teaching Scheme and Evaluation Scheme
Theory Hours Internal Weekly
Course Total Total
Subjects Examination Assessment Hours
Marks
Teaching
Credits
Code Shiv. Uni. College Hours
Special
DSC-201 70 4.2 30 1.8 100 06 06
Contract
Constitutional
DSC-202 70 4.2 30 1.8 100 06 06
Law – II
Family Law -
DSC-203 70 4.2 30 1.8 100 06 06
II
Environmental
DSC-204 70 4.2 30 1.8 100 06 06
Law
Professional
DSC-205 70 4.2 30 1.8 100 06
Ethics 06
Public Interest
AECC-206 - - 50 - 50 - 02
Lawyering
Total 350 21.00 200 9.0 550 30 32
11

CBCS - LL.B. 3 Year : Structure:LL.B. Part –II

Semester III
Teaching Scheme and Evaluation Scheme
Theory Hours Internal Weekly
Course Total Total
Subjects Examination Assessment Hours
Marks
Teaching
Credits
Code Shiv. Uni. College Hours
DSC-301 Jurisprudence 70 4.2 30 1.8 100 06 06
DSC-302 Property Law 70 4.2 30 1.8 100 06 06
Company
DSC-303 70 4.2 30 1.8 100 06 06
Law
Public
DSC-304 International 70 4.2 30 1.8 100 06 06
Law
DSC-305 Criminology 70 4.2 30 1.8 100 06
06
Fundamentals
AECC-306 - - 50 - 50 - 02
of Cyber Law
Total 350 21.00 200 9.0 550 30 32

Semester IV
Teaching Scheme and Evaluation Scheme
Theory Hours Internal Weekly
Course Total Total
Subjects Examination Assessment Hours
Marks
Teaching
Credits
Code Shiv. Uni. College Hours
Interpretation
DSC-401 70 4.2 30 1.8 100 06 06
of Statutes
International
DSC-402 70 4.2 30 1.8 100 06 06
Human Rights
Administrative
DSC-403 70 4.2 30 1.8 100 06 06
Law
Banking and
DSC-404 70 4.2 30 1.8 100 06 06
Insurance
Alternative
Disputes
DSC-405 70 4.2 30 1.8 100 06
Resolution 06
(ADR)
Law and
AECC-406 Entrepreneur - - 50 - 50 - 02
Skills
Total 350 21.00 200 9.0 550 30 32
12
CBCS - LL.B. 3 Year :Structure:LL.B. Part –III

Semester V
Teaching Scheme and Evaluation Scheme
Course Code Subjects Theory Hours Internal Hours Total Weekly Total
Exam Assessment Marks Teaching Credits
Shivaji College Hours
Uni.
Civil Procedure
DSC-501 Code & Limitation 70 4.2 30 1.8 100 06 06
Act
DSC-502 Law of Evidence 70 4.2 30 1.8 100 06 06
Labour Law-I
DSC-503
(Industrial Laws)
70 4.2 30 1.8 100 06 06
DSC-504 Land Laws 70 4.2 30 1.8 100 06 06
No
Drafting, Pleading 45 + 45 = 90
DSC-505
and Conveyancing
Theory - Viva = 10 1.8 100 06
Exam 06
AECC-506 Advocacy Skills - - 50 - 50 - 02
Total 280 16.80 270 9.0 550 30 32

Semester VI
Teaching Scheme and Evaluation Scheme
Course Code Subjects Theory Hours Internal Hours Total Weekly Total
Exam Assessment Marks Teaching Credits
Shivaji College Hours
Uni.
Law of Crimes-II
DSC-601 (Criminal 70 4.2 30 1.8 100 06 06
Procedure Code)
Intellectual
DSC-602
Property
70 4.2 30 1.8 100 06 06
Labour Law –II
DSC-603 (Social Securities 70 4.2 30 1.8 100 06 06
Laws)
Principles of
DSC-604
Taxation
70 4.2 30 1.8 100 06 06
Moot Court, Pre-
No
Trial Preparation & 30+30+30 = 90
DSC-605
Participation in
Theory - Viva = 10 1.8 100 06 06
Exam
Trial Proceedings
Criminal Law
AECC-606 Investigation & - - 50 - 50 - 02
Forensic Science
Total 280 16.80 270 9.00 550 30 32

DSE: Discipline Specific Elective Courses (Compulsory) Total = 6


semesters x 5 papers = 30 papers. Each paper 6 credits x 30 paper =
180 Credits.
AECC :Ability Enhancement Core Course (Compulsory)Total = 6
semesters x 1 paper = 6 papers of 2 credits each = 12 Credits
13
Three Year LL.B. Syllabus

DSC-101: LAW OF CONTRACT


(GENERAL PRICIPLES OF CONTRACT AND SPECIFIC RELIEF)

Object: Law of contract being the pillar of the legal structure of a society, the fundamental goal of study is to
critically evaluate principles underlying the legal postulates and propositions. This course is designed to acquaint
a student with the conceptual and operational parameters of these various general principles of contractual
relations.
Specific enforcement of contract is an important aspect of the law of contracts. Analysis of the kinds of contracts
that can be specifically enforced and the methods of enforcement forms a significant segment of this study.

Methods of teaching-learning: Lecture and Case-study method shall be the main method of learning to be
followed. Dialectic method of mooting and argumentation plays a very convincing procedure of learning. The
information sharing and flow of information among the teacher and taught has to work as bonding of the entire
course. Paper writing and presentation may be gainfully employed to maximize the teaching-learning devise.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation: 20 Marks
Viva Voce College Level : 10 Marks
--------------
30 Marks
--------------
SYLLABUS

UNIT I: INTRODUCTION
1.1 Historical Background of Indian Contract Laws
1.2 Contract: Meaning, Definition, Importance, Nature and Scope
1.3 Essentials of Contract
1.4 Indian Contract- Latest developments ( e-Contracts)
UNIT II: PROPOSAL AND ACCEPTANCE- AGREEMENT(S. 2-10)
2.1 Formation of an Agreement, It’s Kinds – Valid, Void, Voidable, Unlawful, illegal
2.2 Intention to Create Legal Relationship
2.3 Proposal and Acceptance- Their various forms, Essential Elements
2.4 Communication and Revocation of Offer and Acceptance
2.5 What agreements are Contracts?
UNIT III: CAPACITY TO CONTRACT AND FREE CONSENT (S. 11 - 22)
3.1 Legal Disability to Enter into Contract
3.2 Minors - Effects of Minors Agreement, Persons of Unsound Mind,Persons disqualified by
Law
3.3Consent and Free Consent – Definition
3.4Vitiating Elements of Free Consent –
3.4.1 Coercion, Doctrine of Duress
3.4.2 Undue Influence
3.4.3 Fraud
3.4.4 Misrepresentation
3.4.5 Mistake
3.5Effect on Contracts influenced by any factor Vitiating Free Consent
14
UNIT IV: CONSIDERATION AND OBJECT (S. 23 - 25)
4.1 Meaning and Nature of Consideration and Object
4.2 Consideration- Its Exceptions
4.3 Legality of Consideration and Object
4.4 Doctrine of Privity of Contract
UNIT V: LIMITATIONS ON FREEDOM OF CONTRACT (S. 23, 26 – 31)
5.1 Void Agreements
5.1.1 Agreements in Restraint of Marriage
5.1.2 Agreements in Restraint of Trade
5.1.3 Agreements in Restraint of Legal Proceedings
5.1.4Ambiguous and Uncertain Agreement
5.1.5 Wagering Agreements – Its exceptions
5.1.6 Agreements with Unlawful Consideration
5.1.7 Agreements without Consideration
5.1.8 Agreements against Public Policy
5.2 Contingent Contracts
UNIT VI: DISCHARGE AND REMEDIES FOR BREACH OF CONTRACT (S. 37 – 67)
6.1 Meaning and Nature - Discharge of Contract
6.2 Different Modes -
6.2.1 By Performance
6.2.2 By Agreement – Novation, Alteration, Rescission, Remission, Waiver, Accord and
Satisfaction
6.2.3 By Operation of Law – Insolvency, Merger, Alteration without consent , Death
6.2.4 By Breach- Anticipatory Breach - Actual breach
6.2.5 By Impossibility of Performance – Destruction of Subject Matter, Death or Personal
Incapacity, Change of Law, non-existence or non-occurrence of
particular state of thing, declaration of war – Doctrine of Frustration
6.2.6 By Lapse of Time
UNIT VII: CERTAIN RELATION RESEMBLING THOSE CREATED BY CONTRACT (QUASI
CONTRACT) (S. 68 -72)
7.1Concept and Classification of Quasi-Contract
7.2 Standard form of Contract
7.3 Government as a Contracting Party
UNIT VIII: REMEDIES FOR BREACH OF CONTRACT
8.1 Remedies under Indian Contract Act (S.73 - 75)
8.1.1 Cancellation or Rescission
8.1.2 Restitution
8.1.3 Quantum Meruit
8.1.4 Damages – Types of Damages – General or ordinary, Special, Vindictive or exemplary,
nominal – Remoteness and Ascertainment of Damages
8.2 Remedies under Specific Relief Act, 1963 (S.5 – 43)
8.2.1 Recovering possession of property
8.2.2 Specific Performance
8.2.3 Declaratory Decrees
8.2.4 Injunctions
8.2.5 Preventive Relief

Book references
1. Cheshire &Fifoot, Cases on the Law of Contract, 7th Ed., London: Butterworths, 1977.
2. Sir G. H. Treitel, The Law of Contract, 12th Ed., London: Sweet & Maxwell, 2007.
15
3. Anson, Law of Contract, 28th Ed., Oxford University Press, 2002.
4. Cheshire &Fifoot, Law of Contract, Oxford University Press, 15th Ed., 2007.
5. Chitty, Contracts, Vol. 1, 29th Ed., Sweet & Maxwell, 2004.
6. V.K. Rao, Contract I - Cases and Materials, Butterworths, 2004.
7. M. Krishnan Nair, Law of Contracts, 1998.
8. Dutt on Contract, H.K. Saharay, Universal, 2000..
9. Sujan M.A, Frustration of Contract 2nd Ed. UPC 2001.
[Link], Indian Contract Act and Specific Relief Acts, Lexis Nexis 13th Ed. 2006.
[Link] Singh, Law of Contract, Eastern, Lucknow. Eighth Edition.
[Link] & Thomas , A Case Book on Contract 11th Edition
[Link] and Aiyer, Law of Specific Relief (1999), Universal
14.14. Banerjee S.C. Law of Specific Relief (1998), Universal

Suggested References:
1. Mulla, Indian Contract Act and Specific Reliefs, Butterworth’s India, New Delhi, Vol. I & II,
(12thEdn.- 2001)
2. Chitty on Contracts, Sweet & Maxwell, London, Vol. I & II, (28thEdn.– 1999).
3. J. Beatson, Anson’s Law of Contract, Clarendon Press, Oxford, (28thEdn. -2002).
4. A. C. Moitra, Law of Contract and Specific Relief, Universal Law Publishing Co.(5th Edn.-2005)
5. Dr. Avtar Singh, Law of Contract, EBC, Lucknow (9thEdn. – 2005)
6. M. Krishnan Nair, Law of Contracts, Orient Longman, Hyderabad, (5thEdn. – 1996)7. R. C. 7. Chawla,
K. C. Garg, V. K. Sareen, Marchantile Law, Kalyani Publisher, New Delhi (7thEdn- 1997)

List of Cases
1. Carlill v. Carbolic Smoke Ball Company, (1830) 1.Q.B 265.;
2. Harris v. Nickerson, (1875) LR SQB, 286.;
3. Powell v. Lee, (1908) 99 LT 284.;
4. Entores v. Miles Far East Corporation, (1955) 2 All ER 493;
5. Bank of India Ltd v. Swarubar, AIR 2003 SC 858.;
6. Hervey v. Facie, (1893) AC 552.
7. LalmanShukla v. GauriDutta, II ALJ 489;
8. Felth House v. Bindley (1862) 11, CB (NS) 86;
9. MohriBibee v. DharmodassGhosh, (1903) 30 IA 114.
10. Derry v. Peek, (1889) 14 AC 337.
11. MithooLalNayak v. LIC of India,
12. AIR 1962 SC 814; Subhas Chandra Das
13. Mushib v. Ganga Prasad Das Mushib and others AIR 1967 SC 878;
14. Central Inland Water Transport Corporation v. B.K Ganguly, AIR 1986 SC 157;
15. Kalyanpur Lime Works Ltd. v. State of Bihar and another AIR 1954 SC 165;
16. Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995) 5 SCC 545 ;
17. National Insurance co Ltd v. S. G Nayak& co AIR 1997 SC 2049.
18. SatyabrataGhose v. MugneeramBangur AIR 1954 SC 44;
19. State of Bihar v. Majeed AIR 1954 SC 786.
20. Bashir Ahmad and others v. Govt. of AP AIR 1970 SC 1089;
21. MugniramBangur& Co.(P) Ltd. v. Gurbachan Singh AIR 1965 SC 1523;
22. Taylor v. cadwell (1863) 3 B&S 826.
23. [Link] (1903 ) 2 KB 740.
24. Hadley v. Baxendale (1854)9 Exch 341
25. Dunlop PueumaticTyre Co v. New Garage & Motor Co Ltd (1915) A.C 79 :( 1914
16
26. All ER 739;Oil and Natural Gas Corp. Ltd. SAW Pipes Ltd. AIR 2003 SC 2629
DSC – 102: CONSTITUTIONAL LAW- I
(Fundamental Rights & Directive Principles of State Policy)
Object:
India is a democracy and her Constitution embodies the Principles of the democratic government. A good
understanding of the Constitution and the constitutional amendments, judicial decisions, constitutional practice
and conventions, is therefore, absolutely necessary for a student of law. He must also know the genesis, nature
and special features of the Constitution and beaware of the social, political and economic influence on it. A
student must learn how various interpretations of the constitution are possible and how do they influence the
growth of constitutional law.
Judicial review is an important aspect of constitutional law. The application of basic structure objective in the
evaluation of executive actions is an interesting development of Indian constitutional law.

Methods of teaching-learning: Lecture and Case-study method shall be the main method of learning to be
followed. Dialectic system of learning would provide better appreciation of the constitutional governance in
India through class room debate and moot court exercise after the basic issues are identified by lecture and
discussion. Research of issue based conflict of interest through court cases may be an added advantage.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation: 20 Marks
Viva Voce College Level : 10 Marks
--------------
30 Marks
--------------
SYLLABUS:

UNIT I: MAKING OF CONSTITUTION AND FEATURES


1.1 Making of Indian Constitution
1.2 Nature of constitution
1.3 Salient Features of the Indian Constitution
1.4 Citizenship-under constitution and Citizenship Act 1955
1.5 Preamble

UNIT II: FUNDAMENTAL RIGHTS- JUSTICIABILITY- STATE OBLIGATION- ART 12-13


2.1 Fundamental Rights – meaning and scope of
2.2 Definition of ‘State’ for enforcement of fundamental rights
2.3 Justiciability of fundamental rights
2.4 Definition of law for constitutional law purpose
2.5 Doctrine of eclipse, severability, waiver.
UNIT III: RIGHT TO EQUALITY (ART 14-18)
3.1 Equality before law and equal protection of law
3.2 Classification for differential treatment- Constitutional validity
3.3 Protective measures –gender discrimination
3.4 Protective discrimination in favor of certain sections of the society
3.5 Untouchability and abolition of titles
17

UNIT IV: FREEDOMS AND SOCIAL CONTROL UNITS (ART 19-22)


4.1 Freedoms and restrictions under (Art.19)
4.2 Protection in respect of conviction for offences (Art.20)
4.3 Right to life and personal liberty (Art.21)
4.4 Right to education (Art. 21 A)
4.5 Protection against arrest and Preventive Detention (Art.22)

UNIT V: RIGHT AGAINST EXPLOITATION (ART 22-23)

5.1 Prohibition of traffic in human beings,


5.2 Forced labours – bonded labour
5.3 Trafficking of women and children
5.4 Prohibition of employment of children
5.5 Right of children a free and compulsory education

UNIT VI:RIGHT TO RELIGION AND MINORITY RIGHTS

6.1 Concept of Secularism- Historical perspective.


6.2 Freedom of Religion-nature, scope and limitations.
6.3 Right to Freedom of Religion- use and misuse- Indian scenario.
6.4 Minority Rights
6.5 Relationship between Religion and minority

UNIT VII: CONSTITUTIONAL AND LEGAL REMEDIES (ART 32)

7.1 Writ of Habeas Corpus


7.2 Writ of Mandamus
7.3 Writ of Certiorari
7.4 Writ of Prohibition
7.5 Writ of Quo-warranto

UNIT VIII: DIRECTIVE PRINCIPLES, FUNDAMENTAL DUTIES AND SOCIAL JUSTICE


(ART 35-51A)

8.1 Underlying object and significance of Directive Principles.


8.2 Classification of Directives.
8.3 Fundamental Right and Directive principles- Interrelationship and Judicial balancing.
8.4 Fundamental Duties--- Need, Source and enforcement of fundamental duties.
8.5 Relation of Fundamental Duties with Directive Principles and Fundamental Right

Reference Books
1. T,K, Tope : Constitutional of India.
2. [Link], History of Democratic Constitution: The Indian Experience(2000) Oxford.
3. D.D. Basu : Shorter Constitution of India : (1996) Prentice Hall of India, Delhi.
4. Constituent Assembly Debates Vol. 1 to 12 (1989).
5. H.M. Seervai : Constitution of India. Vol.-1-3 (1992), Tripathy, Bombay.
6. M.P. Singh (ed) V.N. Shukla : Constitutional Law of India (2000) Oxford.
7. [Link]: Indian Constitution:- Cornerstone of a Nation (1972)
18
8. [Link]: Competing Equalities – Law and the Backward Classses in India (1984) Oxford.
9. B. Sivaramayya : Inequalities and the Law (1984) Eastern, Lucknow.
10. S.C. Kashyap : Human Rights and Parliament (1978) Eastern Lucknow.
11. Dr. Pandey J.N. : Constitutional Law of India. (2007) Central Law Agency.
12. [Link], Constitution of India, Universal
13. [Link] Indian Constitutional Law, Wadhwa
14. Granville Austin The Constitution of India, Oxford.

List of cases (For reference):


1. KeshavanandaBharati v. State of Kerala, AIR 1973 SC 1461;
2. Excel Wear v. Union of India AIR 1979 SC 25;
3. BhimSinghji v. Union of India, AIR 1981 SC 234;
4. State of Kerala v. [Link] AIR 1976 SC 490
5. WamanRao v. Union of India AIR 1981 SC 271;
6. Minerva Mills Ltd. V. Union of India AIR 1980 SC 1789,
7. GolakNath v. State of Punjab, AIR 1967SC 1643,
8. State of West Bengal v. Anwar Ali AIR 1951 SC 75,
9. Naga People’s Movements of Human Rights v. Union of India AIR 1998 SC 431,
10. BALCO Employees’Union v. Union of India AIR 2002 SC 350
11. StStephen’s College v. University of Delhi AIR 1992SC1630,
12. Indian Express Newspapers v. Union of India, AIR 1986 SC 515
13. State of Sikkim v. Surendra Prasad Sharma AIR 1994 SC 2342,
14. Prabhakar v. State of Andhra Pradesh AIR 1986 SC 210,
15. Shiv Charan v. State of Mysore AIR 1965 SC 280,
16. Balaji v. State of Mysore AIR 1963 SC 649,
17. Sagir Ahmed v. State of Utter Pradesh AIR 1954 Sc 728,
18. T.M.A. Pai Foundation v. State of Karnataka AIR 2003 SC 355,
19. Express Newspapers v. Union of India AIR 1986 SC 872
20. Khare v. State of Delhi AIR 1950 SC 211,
21. State of Maharastraa v. [Link] AIR 1997 SC 3986
22. Francis CoralieMullin v. Administration of Delhi AIR 1981 SC 746,
23. [Link] v. Union of India AIR 1987 SC 1086,
24. BandhuaMuktiMorcha v. Union of India AIR 1984 SC 802,
25. Indian Council for Enviro-legal Action v. Union of India AIR 1996 SC 1446.
26. Vellore Citizens Welfare Forum v. Union of India AIR 1996 SC 2715
27. State of Punjab v. Mahinder Singh Chawla AIR 1997 SC 1225.
28. PaschimBangalKhetMazdoor Society v. State of West Bengal, AIR 1996 SC 2426
29. Air India Statutory Corporation v. United Labour Union AIR 1997 SC 645,
30. Maneka Gandhi v. Union Of India AIR 1978 SC 597,
31. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 186,
32. People’s Union of Civil Liberty v. Union of India AIR 1997 SC 568,
33. Hussainara v. Home Secretary,State of Bihar AIR 1979 SC 1819
34. [Link] v. State of Andhra Pradesh AIR 1993 SC 2178
35. Mr. X v. Hospital Z AIR 1999 SC 495
36. Gopalan v. State of Madras, AIR 1950 SC 27,
37. [Link] v. State of Tamil Nadu, AIR 1997 SC 699,
38. Gaurav Jain v. Union of India AIR 1990 SC 1412,
39. AcharyaJagadiswarananda v. Commissioner of Police, Calcutta AIR 1984 SC 51,
40. Ratlam Municipality v. Vardichan, AIR 1980 SC 1622.
41. [Link] v. Union of India AIR 1987 SC 1086, and AIR 1999 SC 2583,
19
42. [Link] Council, (1991) 2 SCC 179,
43. Ahmedabad Women Action Group v. Union of India AIR 1997 SC 3614
44. Vishakha v. State of Rajasthan, AIR 1997 SC 3011

Reference Books:
1. T,K, Tope : Constitutional of India.
2. [Link], History of Democratic Constitution: The Indian Experience (2000) Oxford.
3. D.D. Basu : Shorter Constitution of India : (1996) Prentice Hall of India, Delhi.
4. Constituent Assembly Debates Vol. 1 to 12 (1989).
5. H.M. Seervai : Constitution of India. Vol.-1-3 (1992), Tripathy, Bombay.
6. M.P. Singh (ed) V.N. Shukla : Constitutional Law of India (2000) Oxford.
7. [Link]: Indian Constitution:- Cornerstone of a Nation (1972)
8. [Link]: Competing Equalities – Law and the Backward Classses in India (1984) Oxford.
9. B. Sivaramayya : Inequalities and the Law (1984) Eastern, Lucknow.
10. S.C. Kashyap : Human Rights and Parliament (1978) Eastern Lucknow.
11. Dr. Pandey J.N. : Constitutional Law of India. (2007) Central Law Agency.
12. [Link], Constitution of India, Universal
13. [Link] Indian Constitutional Law, Wadhwa
14. Granville Austin The Constitution of India, Oxford

DSC – 103: LAW OF TORT & CONSUMER PROTECTION LAW


Object :
Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to
every dimension of life from physical injury, to property damage, to personal insult. Over past decades no area
of law within the civil justice system has experienced greater ferment than the law of Tort and this has resulted
in vital changes the thinking of the tortuous liability. The object of the course is to familiarize the students with
the nature and extent of liability of the private enterprises, multinationals and the government authorities for the
wrongscommitted against the individual and their property, and to develop sound knowledge, skills and
disposition amongst students of law on some of the contemporary issues of Specific Torts, Cyber Tort, Family
Tort, and Economic Tort, Product Liability etc.

Presently the emphasis is on extending the principles not only to harmful acts but also to failure to comply with
standards that are continuously changing due to advancement in science and technology. In the modern era of
consumer, concern of goods and services, the law of torts has added significance in consumer protection. Taking
this into consideration, a topic on Motor Vehicle Accident claims has been added. It emphasizes liability,
Insurance and working of claim Tribunals.

Methods of teaching-learning: Lecture method shall be the main method of learning to be followed. Dialectic
method of case study, mooting and argumentation plays a very convincing procedure of learning. The
information sharing and flow of information among the teacher and taught has to work as bonding of the entire
course. Paper writing and presentation may be gainfully employed to maximize the teaching-learning devise.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
20
--------------
SYLLABUS:

Unit I: Concept of Tort, Nature and Scope


1.1 History, Definition and Scope of Tort
1.2 Nature of tort-Distinction between tort and crime
1.3 Essential elements of law of tort
1.3.1 Wrongful act
1.3.2 Legal damage-a) Damnum Sine injuria b) Injuria sine damnum
1.3.3 Legal remedy
1.4 Relevance of law of tort - Intention, Motive, Malice, Knowledge, Negligence
1.5 Who May Sue and who may not be sued?
Unit: II General Defenses in Tort-
2.1 Volenti non fit injuria
2.2 Necessity & Act of God
2.3 Inevitable accident & Private defense
2.4 Statutory Authority
2.5 Judicial and Quasi-Judicial Acts

Unit III: Discharge of Tortuous Liability-


3.1 By death of parties- action personal is monitor cum persona exceptions
3.2 Waiver and acquiescence
3.3 Release
3.4 Accord & satisfaction
3.5 Limitation

Unit IV: Tortious Liability-


4.1 The concept of liability
4.2 Basis and Scope of liability
4.3 Modes of creation of vicarious liability
4.3.1 Express authorization
4.3.2 Ratification
4.3.3 Abetment
4.4 Liability-Special Relationship
4.4.1 Master & Servant
4.4.2 Independent Contractor & Servant
4.5 Strict Liability and Absolute Liability
4.2.1 Ryland Vs Fletcher
4.2.2 UCC V. Union of India
4.2.3 Application of the rule in India

Unit V: Negligence and Nuisance


5.1 Definition and concept of Negligence
5.2 Essentials of Negligence - Standard of care
5.3 Doctrine of contributory negligence - Res ipsaloquitor and its importance in compensatory laws.
5.4 Definition and concept of Nuisance
5.5 Essential of Nuisance – Defenses - Remedy

Unit VI: Remedies for Tort


6.1 Judicial Remedies
21
6.2 Extra Judicial Remedies

Unit VII: Defamation


7.1 Definition and concept
7.2 Essentials of defamation
7.3 Libel, slender and Innuendo
7.4 Defenses and remedies

Unit VIII: The Consumer Protection Act, 1986


8.1 Meaning, Definitions, Importance, Nature & Scope
8.2 Rights of Consumer
8.3 Redressal Mechanism
8.4 Filing complaint, Appeal and enforcement

List of Cases:
[Link] v. White (1703)2 LR 938;
[Link] Shah v. State of Bihar, AIR 1983 SC 1086
[Link] v. Commissioner of Police, Delhi AIR 1990 SC 513;
[Link] School case (14190 V.B. Hill 11.;
[Link] of Broadford Corporation v. Pickles (1895) AC 587;
[Link] Singh v. State of Jammu & Kashmir AIR 1986 SC 494;
[Link] Ben v. BhagyaLaxmiChitraMandir, AIR 1978 Guj.
[Link] Development Authority v M.K. Gupta AIR 1994 1 SC 243;
[Link] of Rajasthan v. Vidyawati Devi AIR 1962 SC 933;
[Link] v. Stevenson, 1932,AC 562;
[Link] v. State of U.P. AIR 1965 SC 1039;
[Link] v. Marshland (1876)2 Ex.D. 1;
[Link] v. London and South Western Railway Co. (1870) LR 6;
14. Loyd v. Grame Smith &Co. (1912) AC 716:
[Link] Salt Works (P) Ltd. V. State of Gujarat 1994(4) SCC 1;
[Link] V. Dr. Trimbak AIR 1969 SC 128;
[Link] v. Redcliffe, (1990)2 AER 536;
18.F. V. Birkshire Health Authority (1989) 2 All ER 545 (HL);
[Link] V. Midlands Health Authority ( 1985) 1 All ER 635 (HL);
[Link] V. State of Maharashtra AIR 1996 SC 2377 ;
21.M.P. State Road Transport Corp. v. Basantibai (1971) MPLJ 706 (DB);
[Link] Air Lines v. MadhuriChaudhri AIR 1964 Cal. 252;
[Link] Corporation v. Muir (1943) AC 448;
[Link] Corporation of Delhi v. Subhagwati AIR 1966 SC 1750;
[Link] Municipality v. Vardhichand (1980) 4SCC 162
26. Hall v. Brookaland Auto Racing Club ;
[Link] v. Backer (1981) AC 325;
[Link] (1891)11 Q.B. 86;
[Link] v. Harwood (1935) 1 KB 146
[Link] Fay Ford V. Revlon, Inc. Supreme Court of Arizona (153 Ariz. 38, 734 P.2d 580) 1987;
[Link]. v, MohdJiauddin AIR 1992 MP 244;
[Link] v. Thompson (1981)3All E R 450;
33.M.C. Verhese v. T.J. Poonam, AIR 1970 SC1876;
34.T.S. Bhatt v. A. K. Bhatt AIR 1978 Ker 111;
[Link] Prasad Sharma v. Uma Shankar Pathak AIR 1973 MP 79;
22
[Link] v. Leathem,( 1901)AC 495;
37. Municipal Board of Kanauj v. Mohanlal AIR 1951 All 867
[Link] v. Gangadhar AIR 1967 Raj 199;
[Link] v. Lingaiah (1964) 1ALT 391;
[Link] Ram v. Tika Ram(1936) ILR 58 All 903
[Link] v. Fletcher (1868) L.R. 3 H.L. 30;
42. M.C. Mehta [Link] of India (1987)1 SCC395
43. In Re Polemise Case (1921)3 KB 560 CA;
[Link] Mound Case (1961)AC 388
[Link] Dredger v. Edison, (1933) AC 449 HL.
[Link] v. Fonorow, 799 N.E.2d 916 (Ill. App. 2003)
[Link] v. Rosnethal, 112 Cal. App. 4th 749 (2003).
[Link], Jr. V. Microsoft Corporation, Courtof Appeals of Texas, Dallas (1999) WL 339015.;
49. CompuServe Inc. v. Cyber Promotions, Inc., 962 [Link] 1015 (SD Ohio 1997).
[Link] v. AOL, Inc., 783 So. 2d 1010 (Fl 2001).
[Link], Inc., Plaintiff, V. BIDDER’S EDGE, Inc., Defendant. United States District Court for the
Northern District of California .100 [Link].2d 1058(2000).
[Link] Corp. v. Van$ Money Pie Inc., WL 388389 (1998).Kremen v. Cohen, 337 F.3d 1024 (9th Cir
2003).
[Link] of Visual Arts v. Kuprewicz, 771 N.Y.S.2d 804 (2003).
[Link] States of America V. Hambrick U.S District Court, W.D. Virginia 55F. Supp. 2d 504, (1999)]

References:
[Link] and Zolowicz, Torts, 17th Edi., Sweet & Maxwell 2006
[Link], J W, Salmond’s Law of Torts (8th edition, Sweet & Maxwell, London, 1934)
[Link], J G, The Law of Torts (9th edition, LBC Information Services, Sydney, 1998)
[Link] and DhirajLal on Law of Torts,
[Link] M Sridhar, RamaswamyIyer’s, The Law of Torts, Lexis Nexis, Tenth Edi 2007
[Link] Weir, An Introduction to Tort Law, 2nd Edi Oxford University Press 2006.
[Link] Murphy, Street on Torts ,Eleventh Edi Oxford University Press 2006.
[Link] Ahmad “Cyberlaw, E-Commerce & M-Commerce”. APH [Link] 2003.
[Link] B. Burgunder, Legal Aspects of Managing Technology 2nd Edition West 2001.
[Link] Law of Tort
[Link]’s Law of Torts
[Link]& Owen, On Product Liability, West Grou
13.D.D. Basu- The Law of Torts (1982), Kamal, Kalkatta
[Link] Sing- The Law of Consumer Protection : Prpinciples and practice (2004), Eastern Book
Company, Lucknow
[Link] D.N.- The Law of Consumer Protection in India, Tripathi, Bombay

References –
• Ratanlal&Dhirajlal on Law of Torts
• Salmond’s Law of Torts
• RamaswamyIyer – Law of Tort
• Bangia’s Law of Torts
• Avtar Singh – Law of Consumer Protection
• Saraf D.N. the Law of Consumer Protection in India
• Law of Torts and C.P. Law by Dr. N.V. Paranjape
23

DSC – 104: LAW OF CRIMES I- (Indian Penal Code)


Object:
Crime and Punishment has been the one of the most important task of rule of law of the State. This course is
designed with a prime object to familiarize students with the principles of criminal liability and other concepts of
substantive criminal law. So proper understanding of these offences & criminal behaviors, methods of
controlling them has now became extremely important in the larger context of Indians development & to build a
just and humane society. The curriculum outlined here attempts to seek these objectives.

Methods of teaching-learning: Lecture method shall be the main method of learning to be followed. Dialectic
method of mooting and argumentation plays a very convincing procedure of learning. The information sharing
and flow of information among the teacher and taught has to work as bonding of the entire course. Case
comment can also be a method of research writing in this paper.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
30 Marks
--------------
SYLLABUS

Unit I: Concept of crime (Sec. 1 – 75)

1.1 Nature and Concept of crime & distinction between Crime,Ethical wrongs.
1.2 Definitions – General Explanations (Sec. 6-52A)
1.3 Stages and Elements of Crimes
1.4 Group Liability in Crimes – Common Intention and Common Object
1.5 Off Punishments (Sec. 53 to 75)

Unit II: General Exceptions under IPC (Sec. 76 – 106).


2.1 Mistake of facts mistake of law
2.2 Necessity, Defense of Juvenile
2.3 Unsound mind and intoxication
2.4 Act in good faith and consent
2.5 Right of private defense of body and property

Unit III: Inchoate Offences (Sec. 107 – 120 B and Sec. 141 – 160)
3.1 Meaning, Nature and importance of inchoate offences
3.2 Attempt and abatement
3.3 Criminal Conspiracy
3.4 Unlawful Assembly
3.5 Rioting

Unit IV: Offences affecting the public Health, Safety, Convenience,


Decency and Morals (Sec 268-294A)
24
4.1 Offences affecting the Public Health (Section 268-278)
4.1.1 Public Nuisance (S.268)
4.1.2 Acts likely to spread infection (section 269-271)
4.1.3 Pollution of food or drink (section 272-273
4.1.4 Adullualia of drugs (section 274-276)
4.1.5 Fouling water and relating atmosphere (section 277-278)
4.2 Offences affecting the public safety and Convenience (Section 277-278)
4.2.1 Rash Driving or riding on a public way. (Section 279)
4.2.2 Rash or negligent navigation. (Section 280)
4.2.3 Exposing false light, mark or being mislead navigator
4.2.4 Conveying any person for hire by water in an unsafe and overloaded
waste Vessel(Section 282)
4.2.5 Causing danger or obstruction to any person in public way. (Section283)
4.2.6 Negligent conduct with respect to poisonous substance.(Section 284)
4.2.7 Negligent conduct with respect to fire, combustible substances. (section 285-289)
4.2.8 Continuance of Nuisance. (Section 291)
4.3 Public Decency and Morals (ss 292-294A)
4.3.1 Prevention of obscenely (ss 292-294)
4.3.2 Keeping Lottery Office (S 294A)
4.3.3 Cases related to spreading of infectious diseases

Unit- V: Offences affecting the human body (Sec. 299 – 377)


5.1 Culpable homicide. Murder
5.2 Hurt & Grievous Hurt.
5.3 Wrongful Restraint & wrongful Confinement.
5.4 Criminal force & assault.
5.5 Kidnapping & Abduction.

Unit- VI: Offences against Property (Sec. 378 – 462)


6.1 Theft and Extortion.
6.2 Robbery &Dacoity.
6.3 Criminal misappropriation of property and Criminal Breach of Trust.
6.4 Receiving stolen property and Cheating, Mischief.
6.5 Criminal Trespass, House Trespass, House Breaking

Unit-VII: Offences of False Evidence & Offences Relating to Documents


and Property (Sec. 191 – 229A, 463-489E)
7.1 Giving false evidence & fabricating false evidence.(sec.493)
7.2Fraudulent claim to property
7.3 Forgery and making false documents
7.4 Forged documents

Unit-VII: Offenses Relating to Sexual, Marriage (Sec. 375 – 377, 493-498A)


8.1 Rape
8.2 Unnatural Offenses
8.3 Bigamy
8.4 Adultery
8.5 Cruelty by husband and relatives

Reference Books:
Williams Glanville- The Text Book of Criminal Law
25
Jerom Hall – Studies in Jurisprudence and Criminal Theory Jw Cecil
Turner (edt.) – Kenny’s Outlines of Criminal Law Jw Cecil Turner -
Russel on Crime
Smith and Hogan – Criminal Law
A.P. Simester& G.R. Sullivan – Criminal Law Theory and Doctrine
R. C. Nigam – Principles of Criminal Law Asia Publishing House, Lucknow. Prof. K.N.
ChndranshekharPillai – Essay’s on Indian Penal Code
R. C. Srivastava – Law Relating to Crima Punishment Andrew
Ashworth – Principles of Criminal Law
P.S/AchuthunPillai, Criminal Law (1995) Eastern, Lucknow.
Prof K.D Gaur - Criminal Law Cases and Material(1991), Butterworths India. Dr. Hari Singh
Gaur – Penal Law of India (4 volumes)
R. A Nelson – Indian Penal Code

Prof. K.N. ChandranshekharPillai – Essay’s on Indian Penal Code RatanLal and


DhirajLal – Indian Penal Code
Prof. Raghavan – Indian Penal Code
[Link], Indian Penal Code (1996), Eastern, Nagpur
[Link], a Text Book on the Indian Penal Code (1998), Universal Delhi

DSC – 105: FAMILY LAW - I


Object :
The course structure is designed mainly with three objectives in view. One is to provide adequate sociology
perspectives so that the basic concepts relating to family are expounded in their social setting. The next objective
is to give an overview of some of the current problems arising out of the foundational inequalities writ large in
the various family concepts. The third objective is to view family law not merely as a separate system of
personal laws based upon religions but as the one cutting across the religious lines and eventually enabling us to
fulfill the constitutional directive of uniform civil code. Such a restructuring would make the study of familial
relations more meaningful.

To evaluate the strength of family system in India and the extent of legal support
provided to the same and also to examine when and how and to what extent a Uniform Civil Code to regulate a
religious part of family life, if any, may emerge!
Method of study: Lecture method and tutorial form of learning is the best method. Case study and research for
self learning may also be truly effective. Paper writing and presentation may be gainfully employed to maximize
the teaching-learning devise. There are a lot of scope of innovation and new interpretation.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------
SYLLABUS

Unit I : Family Relations- Hindus, Muslims, Christains and Parsis


1.1 Natural and sources of Hindu Law
1.2 Schools of Hindu Law
26
1.3 Nature and sources of Muslim Law
1.4 Schools of Muslim Law

Unit II: Marriage and Kinship


2.1 Evolution of the institution of marriage and Family
2.2 Role of Religious rituals and practises in moulding the rules regulating to marital relations
2.3 Types pf family based upon
2.3.1 Lineage – patrilineal, matrilineal
2.3.2 Authority structure –patriachcal; matriarchal
2.3.3. Location patrilocal, matrilocal
2.3.4 Number of conjugal units – nuclear, extended, joint and composite
2.4 Emerging concepts – maître – sambhand and divided homes.

Unit III: Matrimonial Remedies


3.1 Marital conflicts
3.1.1 Non- judicial resolution of marital conflicts
3.1.2 Customary dissolution of marriage – unilateral divorce, divorce by mutual consent and
other modes of dissolution
3.1.3 Divorce under Muslim personal law – talaq and talaq-e-tafweez
3.2 Judicial resolution of marital conflicts : the family court
3.3 Nullity of marriage
3.4 Option of puberty
3.5 Restitution of conjugal rights
3.6 Judicial separation
3.7 Desertion : a ground for matrimonial relief
3.8 Cruelty: a ground for matrimonial relief
3.9 Adultery : a ground for matrimonial relief
3.10 Other grounds for matrimonial relief
3.11 Divorce by mutual consent under :
3.11.1 Special Marriage Act 1954
3.11.2 Hindu Marriage Act 1955
3.11.3 Muslim law (Khula and Mubaraat)

Unit IV : Bar to matrimonial relief


4.1 Doctrine of strict proof
4.1.1 Taking advantage of one’s own wrong or disability
4.2 Accessory
4.3 Connivance
4.4 Collusion
4.5 Condonation
4.6 Improper or unnecessary delay
4.7 Residuary clause – no other legal ground exists for refusing the matrimonial relief.

Unit V: Law of maintenance (Hindu and Muslim Law)


5.1 Claim of spouses
5.2 Claim of parents and children
5.3 Alimony (pendent and permanent)

Unit VI Minority and adoption


6.1 Adoption under the Hindu Law
27
6.2 Acknowledgement under the Muslim law
6.3 Minority and Guardianship

Unit VII : Conversion and its effect on family


7.1 Marriage
7.2 Adoption
7.3 Guardianship
7.4 Succession
( In view of the conflict of inter-personal laws, conversion is causing problems. How conversion
affects the family and whether it is compatible with the concept of secularism and to what extent
such problems would stand resolved with the enactment of a uniform civil code needs to be
examined.)
Unit VIII : Customary practises and State regulation
8.1 Polygamy
8.2 Concubine
8.3 Child Marriage
8.4 Sati
8.5 Dowry

References :
1) ParasDiwan, Hindu Law
2) S.T. Desai (ed) Mulla’s Principles of Hindu Law, (1998) Bitterorths , India
3) ParasDiwan, Family law : Law of Marriage and Divorce in India, (1984)
4) A. M. Bhattachargee, Muslim Law and Constitution(1994( Eastern Law House, Calcutta
5) A. M. Bhattachargee, Hindu Law and Constitution(1994( Eastern Law House, Calcutta
6) ParasDiwan, Law of Adoption, Minority, Guardianship and Custody (2000), Universal
7) A.A.A. Fyzee, Outline of Muhammadam law, (1986)
8) J.D.M. Derrett, Hindu Law : Past and present
9) J.D.M. Derrett, Death of Marriage Law
10) J.D.M. Derrett, a critique of modern Hindu law

Suggested Books:
1)ParasDiwan, Law of Intestate and Testamentary Succession (1998), Universal
2)Basu, N. D. Law of Succession (2000), Universal
3)Kusem, Marriage and Divorce Law Manual (2000), Universal
4)Malchandu, S.C. Law and Practice of Divorce in India (2000), Universal
5)P.V. Kane, History of Dharmasastras Vol. 2 pt. 1 at 624-632 (1974)
6)A. Kuppuswami (ed.) Mayne’s Hindu Law and Usage ch. 4 (1986)
7)B. Sivaramayys, Inequalities 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) J.D.M. Derrett, Death of Marriage Law
11) A.A.A. Fyzee, Outline of Muhammadan Law, (1986)
12) J.D.M. Derrett, A Critique of Modern Hindu Law (1970)
28
13) ParasDiwan, Hindu Law (1985)
14) S.T. Desai (ed.) Mulla’s Principles of Hindu Law, (1998)- Butterorths-India
15) ParasDiwan, Family Law : Law of marriage and Divorce in India, (1984)
16) A. M. Bhattachargee, Muslim Law and the Constitution (1994) Eastern Law House, Calcutta
17) A. M. Bhattachargee, Hindu Law and the Constitution (1994) Eastern Law House, Calcutta
18) ParasDiwan, Law of Adoption, Ministry, Guardianship and Custody (2000), Universal

AECC – 106: FUNDAMENTALS OF RESEARCH

Research in common parlance refers to a search for knowledge. It is a scientific and systematic search for
pertinent information on a specific topic. In fact, research is an art of scientific investigation. It is the
pursuit of truth with the help of study, observation, comparison and experiment. Significance of
Research is increasing in all discipline as it reflects social values, attitudes and behavior. As we know
law is a dynamic and not static, therefore law student should inevitably understand the basics of research.
After gone through the syllabus of

‘Fundamentals of Research’ the law students are came to know-


1. The Basics of the Research with the conceptual foundation
2. The stages of the Research involved and
3. The ethics for Research and its principle.

Each Ability Enhancement compulsory Course (AECC) of 2 Credits shall be of 50 Marks including
teaching workload of 2 lectures per week per AECC. This paper workload shall be shared by existing
Full-Time Teachers. The assessment of the Subject Skill Enhancement Course shall be internal
assessment. The weightage for the continuous internal Assessment shall be based on the following.

UNIT I
[Link] FOUNDATION OF RESEARCH
1.1.1 Introduction : Historical perspective and importance of Research
1.1.2 Meaning and Definitions of Research
1.1.3 Objectives of Research
1.1.4 Types of Research
1.1.5 Concept of Legal Research
1.1.5 Research Methodology

UNIT II
2.1MAJOR STAGES OF RESEARCH
2.1.1Identification and formulation of problem
2.1.2Review of Literature and Formulation of Hypothesis
2.1.3Research Design
2.1.4Collection of data and its various modes
2.1.5Analysis and interpretation of data
2.1.6Findings, Suggestions and Conclusion

UNIT III
3.1TOOLS AND TECHNIQUES OF DATA COLLECTION
3.1.1Questionnaire
3.1.2Survey
29
3.1.3Interview
3.1.4Sampling
3.1.5Observations
3.1.6Schedule

UNIT IV
4.1RESEARCH ETHICS
4.1.1Moral Principles and Social Values in Research
4.1.2Research Ethical Committee in Higher Education
4.1.3Legal aspects – Copyright, Plagiarism, etc

Reference/ Suggested Books


1 [Link], GauravGarg (2018), Research Methodology : Methods And Techniques, New
Age International Publishers Ltd.-New Delhi
2 [Link] (2017), Legal Research Methodology, Allahabad Law Agency, Allahabad
3 R. Panneerselvam (2nd Edition), Research Methodology, Kindle Edition (e-Book)
4 Yogesh Kumar Singh, Fundamentals of Research Methodology and
Statistics, New Age International Publishers Ltd.-New Delhi
5 Dr. H. N. Tewari.(2016), Legal Research Methodology., Allahabad Law Agency, Allahabad
6 Goode, W.J. and Hatt, P. K. (1952), Methods in social research. New York, McGraw-Hill
Book Comp, New York
7 [Link] (2016), Legal Education and Research Methodology, Central Law
Publications, Allahabad
8 [Link] (2015), Legal Research and Research Methodology, Central Law
Publications, Allahabad

Three Year LL.B. Semeter II

Paper – I SPECIAL CONTRACT


Object :
The course is to be taught after the students have been made familiar with the general principles of
contract in which the emphasis is on understanding and appreciating the basic essentials of a valid
contract and on the existence of contractual relationship in various instances. Obviously, a course on
special contract should initiate the students to different kinds of contracts with emphasis on the
intricacies therein. This course also should provide an insight into the justification for special statutory
provisions for certain kinds of contracts.

We are witnessing a paradigm shift in every walk of life, especially commercial sector, due to computer
technology. Internet has transformed traditional markets into global markets by facilitating online
execution of commercial transactions including electronic transfer of goods and services through online
advertising, online ordering, publishing, banking, investment, auction, travel, entertainment and
professional and financial services.

Existing legal provisions have to be re-interpreted and applied to provide solutions to issues generated by
new technology till the new legal provisions arrive. Students are expected to study the provisions that
govern E-Contract including relevant provisions from Indian Contract act, Information technology Act
and relevant amendments to Indian Penal code, Indian Evidence act, Negotiable Instruments act etc.

Method of study: Lecture method and tutorial form of learning is the best method. Case study and
research for self learning may also be truly effective. Paper writing and presentation may be gainfully
30
employed to maximize the teaching-learning devise. There are a lot of scope of innovation and new
interpretation.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------

I LL.B., Sem II
DSC – 201: Special Contract

Syllabus :

Unit I – Indemnity
12.3 The Concept
.2 Need for indemnity to facilitate commercial transactions.
1.3 Methods of creating indemnity obligations
1.4 Definition of Indemnity
1.5 Nature and extent of liability of the indemnifier
1.6 Commencement of liability of the indemnifier
1.7 Situations of various types of indemnity creations.
1.8 Documents / agreements of indemnity

Unit 2 – Guarantee
2.1 The Concept
2.2 Definition of guarantee
2.3 Basic essentials for a valid guarantee contract
2.4 The place of consideration and the criteria for ascertaining the existence of
consideration in guarantee contracts.
12.3 Position of a minor and validity of guarantee when minor is the principal debtor,
creditor or surety.
2.6 Distinguished from Indemnity
2.7 Continuing guarantee
2.7.1 Nature of surety’s liability
2.7.2 Duration and terminations of such liability
2.7.3 Illustrative situations of existence of continuing guarantee.
2.7.4 Creations and identifications of continuing guarantees.
2.8 Rights of surety
2.8.1 Position of surety in the eye of law
2.8.2 Various judicial interpretations to protect the surety.
2.9 Co-surety and manner of sharing liabilities and rights.
2.10 Extent of surety’s liability
2.11 Discharge of surety’s liability
Unit – 3 Bailment
3.1 The concept
31
3.2 Definition of Bailment
3.3 Identification of bailment contracts in day today life and Manner of creation of
such contracts.
3.4 Commercial utility of bailment contracts
3.5 Kinds of bailees
3.6 Duties of bailor and bailee
3.7 Rights of bailor and bailee
Unit – 4 Pledge
4.1 The Concept
4.2 Commercial utility of pledge transactions
4.3 Definition of pledge under the Indian Contract Act
4.4 Comparison with bailment
4.5 Rights of the pawner and pawnee
4.6 Pawnee’s right of sale as compared to that of an ordinary bailee
4.7 Pledge by certain specified persons mentioned in the Indian Contract Act.
Unit – 5 Agency
5.1 The Concept – Agent & Principal
5.2 Kinds of agents
5.3 Essentials of an agency transaction
5.4 Various methods of creation of agency
5.5 Duties and rights of agents
5.6 Scope and extent of Agent’s authority
5.7 Liability of the principal for acts of the agents
5.8 Liability of the agent towards the principal
5.9 Personal liability towards the parties
5.10 Methods of termination of agency contract
Unit – 6 Sale of Goods
6.1 Concept of sale as a contract
6.2 Essentials of a contract of sale
6.3 Essential conditions in every contract of sale
6.4 Implied terms in contract of sale
6.5 The rule of caveat emptor and the excepti00ons
6.6 Effect and meaning of implied warranties in a sale.
6.7 Transfer of title and passing of risk.
6.8 Delivery of goods : various rules regarding delivery of goods
6.9 Unpaid seller and his rights
6.10 Remedies for breach of contract
Unit – 7 Partnership
7.1 Nature of partnership : Definition
7.2 Mutual relationship between partners
7.3 Incoming partner
7.4 Outgoing partner
7.5 Registration of Partnership
7.6 Dissolution of Partnership
Unit – 8 E- contracts
8.1 The concept – Certifying Authority, digital signature, electronic record, cyber
Appellate tribunal
8.2 Validity of Electronics Transactions
8.2.1 Authentication of Electronic Records
8.2.2 Legal recognition of Electronic records & digital signature
32
8.2.3 Retention of electronic records
8.3 Communication & Revocation of offer
8.3.1 Attribution of electronic records
8.3.2 Acknowledgement of receipt
8.3.3 Time & Place of dispatch and receipt of electronic records.

References :
1. Pollock &Mulla on Contracts
2. Avtar Singh – Contract Act
3. Krishnan Nair , Law of Contract
4. Saharay H.K., Indian Partnership Act & Sale of Goods Act
5. Ramnainga , The sale of Goods Act
6. V.K. Rao, Contract II
7. The Information Technology Act, 2000 Asia Law House

Books :
1) R.K. Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Act (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 the Sale of Goods and Hire Purchase (1998) Eastern,
Lucknow.

5) [Link](ed.), Singh and Gupta, The law of partnership in India (1999), Orient Law House New
Delhi.

6) A.Q. Guest (ed.) Benjamin’s Sale of Goods (1992), Sweet & Maxwell.

7) Bhashyam and Adiga. The Negotiable Instruments Act (1995), Bharath Allahabad.

8) MS. Parthasarathi (ed.) J.S. Khergamvala. The Negotiable Instruments Act.


9) Beatson (ed.), Ansons’ Law of Contract, (1998), Oxford, London.
10) Saharay, H.K., Indian Partnership and Sale of Goods Act (2000), Universal.
11) Ramnainga, The Sales of Goods Act (1998), Universal.
[Link] Technology Law and Practice, Cyber Law & E-Commerce by Vakul Sharma,
2005, Universal Law Publishing Co Pvt Ltd.
13. Cyber Law in India by [Link] Ahmad.,2005, Pioneer Books , New Era Law
Publication Delhi.

Reference Books
1. Chitty, Contracts, Vol. 1I, 29th Ed., Sweet & Maxwell, 2004.
2. V.K. Rao, Contract II – Cases and Materials, Butterworths, 2004.
3. M. Krishnan Nair, Law of Contracts, 1998.
4. Dutt on Contract, H.K. Saharay, Universal, 2000.
5. Mulla, Indian Contract Act and Specific Relief Acts, Lexis Nexis 13th Ed. 2006.
6. Avtar Singh, Law of Partnership
7. Piyush Joshi, Law relating to Infrastructure Projects, Butterworths
8. Agarwal, Government Contracts, Law and Procedures, Eastern Book Corporation
9. Fired, The Law of Agency, Butterworth
33
10. Iyer Sale of Goods and Partnership Acts, Asia Law House
11. Reynolds & Davenport, Bowstead on Agency, Sweet & Maxwell
12. Mulla, Negotiable Instrument Act, Tripathy

Case Law (by way of illustration)


1. AmritlalGoverdhanLal v. State Bank of Travancore AIR 1968 SC 1432
2. Morvi Mercantile Bank v. Union of India AIR 1965 SC 1954
3. VasireddiSeetharamaiah v. Srirama Motor Finance Corporation 1977 AP 164
4. Wheels India Ltd., Mount Road v Khem Chand Raj Kumar 1970 MLJ 648
201
5. Maganbhai v Union of India AIR 1969 SC 785Madhav Rao v. Union of India AIR 1971
SC 530
6. Delhi Science Forum & Others v. Union of India JT 1996 (2) SC 295

7. Canara Bank v Canara Sales Corporation & Others AIR 1987 SC 1603
8. Indian Airlines Corporation v MadhuriChoudhury AIR 1965 Cal 252
9. Gatewhite Ltd & Another v. Iberia Lineas de Espana SA (1989) 1 All E.R. 944

DSC-202: CONSTITUTIONAL LAW – II

Object :
To understand the political, social and economic value structure of the Constitution of India and the
protection of human rights of individuals and balancing with the positive responsibility of the state to
establish a economy ofgrowth, social justice and political aspiration of all sections of the Indian Society
through constitutional governance.

Method of study: Lecture method and interactive sessions of learning is the best method. Case study and
research for self learning may also be truly effective. Paper writing and presentation may be gainfully
employed to maximize the teaching-learning devise. There are a lot of scope of innovation and new
interpretation

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------
Syllabus

UNIT I. PARLIAMENT
1. Composition, Election, qualifications, disqualifications and tenure of members.
2. Functions of Parliament.
3. Privileges of Members, Parliamentary Privileges and fundamental rights
4. Relationship between LokSabha and RajyaSabha
5. Officers of the parliament – Speaker, Chairperson, powers and functions
UNIT II. PARLIAMENTARY GOVERNMENT AND UNION EXECUTIVE
34
1. Westminster Model- Choice of Parliamentary Form-Council of Minister and Prime Minister,
Cabinet system, collective responsibility- individual responsibility.
2. Co-alition Government
3. President of India- Election, qualification and Impeachment
4. powers (specially the ordinance making power) privileges and constitutional position
5. Governor of the State- Appointment, tenure etc., position and status of Governor.

UNIT III. RELATIONSHIP BETWEEN UNION AND STATES – I- LEGISLATIVE


RELATIONS
1. Legislative powers of the union- extent and width- seventh schedule
2. Provision as to introduction and passing of ordinary bills
3. Joint sitting of both the houses
4. Parliament’s power to legislate on State subjects
5. Principles of interpretation of Lists
UNIT IV. RELATIONSHIP BETWEEN UNION AND STATES – II- ADMINISTRATIVE AND
FINANCIAL
1. Administrative relationship
a) Co-extensive powers of administrative organ- Art 73
b) Obligation of states- assistance and coordination
c) Inter state council
d) All India Services
e) Grants in aid.
2. Financial Relations---
a) Distribution of Revenue between Centre and State.
b) Money Bill- finance bills
c) Finance Commission

UNIT V. FREEDOM TRADE-COMMERCE AND SERVICES UNDER THE STATE


1. Freedom Trade-extent and relationship with fundamental rights
2. Restrictions on Trade and Commerce
3. Doctrine of Pleasure
4. Constitutional safeguards to Civil Servants
5. Public Service Commission
UNIT VI. EMERGENCY PROVISIONS
1. National emergency- imposition and implications
2. Constitutional amendments relating to national emergency
3. Failure of constitutional emergency in the state- grounds
4. Misuse of state emergency -safeguards by judicial pronouncements
5. Financial emergency – grounds and implications

UNIT VII. JUDICIARY UNDER CONSTITUTION


1. Supreme Court- composition, Appointment procedure- collegium system- removal
2. Jurisdiction of supreme court- original, appellate, advisory and curative
3. High Court-Composition, Appointment, jurisdiction etc.
4. Independence of Judiciary
5. Doctrine of Judicial Review- Nature and scope

UNIT VIII. CONSTITUTIONAL PROCESS OF ADAPTATION AND ALTERATION


35
1. Amendment- meaning and Methods of Constitutional amendment
2. constitutional Limitations upon constituent power
3. Doctrine of Basic Structure- emergence and expansion
4. Amendment of fundamental rights
5. Content and controversy of basic structure theory

Books:
1)T.K. Tope: Constitutional of India.
2)[Link], History Democratic Constitution: The Indian Experience (2000) Oxford.
3)D.D. Basu : Shorter Constitution of India (1996) Prentice Hall of India, Delhi.
4)Constituent Assembly Debates Vol. 1 to 12 (1989)
5)H.M. Seervai: Constitution of India Vol. 1-3 (1992), Tripathi, Bombay.
6)[Link] (ed) V.N. Shukal : Constitutional Law of India (2000) Oxford.
7)[Link] : Indian Constitution : Cornerstone of a Nation (1972)
8)[Link] : Competing Equalities- Law and the Backward Classes in India (1984)
9)[Link] : Inequalities and Law (1984) Eastern Lucknow.
10) [Link] : Human Rights and Parliament (1978) Metropolitan.
11) Dr. Pandey J.N. : Constitutional Law of India. (2007) Central Law Agency.

DSC – 203: FAMILY LAW - II


Object:
Succession is one every important way of transfer of property, of course after the life of the owner of the
property. The study shall not only examine the law as it is and is interpreted by Courts in fact situation, it also
shall aim at understanding the differences in the law of succession, both testamentary and intestate, amongst
various religious groups.
Methodology of teaching-learning: Lecture method, Case study and presentation shall be dominant method. But
research and paper-writing is also important. There shall be comparative studies in all presentations and lectures.
Discussion and issue-based round table shall be emphasized instead of issue-based lecture.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------
SYLLABUS:
Paper Number III: Family Law II

Unit 1 : Joint Family

1.1 Mitakshara joint family


1.2 Mitakshara coparcenary – formation and incidents
1.3 Property under Mitakshara law – separate property and coparcenary property
1.4 Dayabhaga coparcenary – formation and incidents
1.5 Property under Dayabhaga law
1.6 Karta of the joint family – his position, powers, priviledges and obligations
1.7 Alination of property – separate and coparcenary
36
1.8 Partition and reunion
1.9 Joint Hindu Family as a social security institution and impact of Hindu gains of Learning act and various tax
laws on it
1.10 Matrilineal joint family

Unit 2 ; Inheritance – Hindus


2.1 Historical perspectives of traditional Hindu law as a background to the study of Hindu Succession
act 1956
2.2 Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession
act 1956
2.3 Devolution of interest in Mitakshara coparcenary with reference to the provisions of Hindu
Succession act 1956
2.4 Succession to property of a Hindu female dying intestate under the provisions of Hindu
Succession act 1956
2.5 Disqualification relating to succession
2.6 General rules of succession
2.7 Marumakkattayam and Aliyasantana laws governing people living in Travancore – Cochin and
the districts of Malabar and South Kanara.
Unit 3 : Inheritance – Muslims
3.1 General rules of succession and exclusion from succession
3.2 Classification of heirs under Hanafi and IthnaAshria schools and their shares and distribution of
property
3.3 Christains, Parsis and Jews
3.3.1 Heirs and their shares and distribution of property under the Indian Succession Act 1925
Unit 4 : Women’s property
4.1 Stridhan – concepts and characteristics, sources
4.2 Principles of succession
4.3 Comparative analysis of right to property of women under different religious and statutory law
Unit 5 : Testamentary Succession
5.1 Power of testamentary succession under various religious and statutory law under Hindu, Islamic,
Christian and Parsi Law
5.2 Competence of the testator, limitation to testamentation
5.3 Abetment of legacy, Will and administration of will – Probate, Codicil, execution of Privileged
and unprivileged will
5.4 Attestation, alteration and revival of will
Unit 6 : Right of Pre-emption:
6.1 Pre-emption, meaning, nature, constitutionality, classification
6.2 Who can claim the right, formalities and legal effect
6.3 legal devises of evading right of pre-emption, when is the right lost
Unit 7 : Gift under the Islamic law
7.1 Hiba – nature and characteristics, kinds of hiba
7.2 Conditional and future gift, types of Hiba, Death-bed gift
7.3 Revocation of gift
37
Unit 8 : Religious Endowments
8.1 Wakf
8.1.1 Meaning, character, formalities for creation
8.1.2 Administration, power of Mutawali, Muslim Religious Instiotutions and offices
8.2 Hindu Religious Endowment
8.2.1 Traditional religious principles of creation, administration and offices
8.2.2 Statutory methods of creation of trust
8.2.3 Powers and functions of the trustees
References:

1) Mulla, Hindu Law, Vol I and II, Butterworth


2) Mayne, Hindu Law and Usage, Bharat
3) Diwan, Modern Hindu law, Universal
4) Tyabji, Muslim Law, Tripathy
5) Mulla, Principles of Mohammedan Law, Tripathy
6) Amer Ali, Mohammedan Law, Vol I andII, EBS
7) TahirMohammod, Family Law reforms in Muslim world, tripathy
8) TahirMohammod, Islamic Law in Modern india, Tripathy
9) Derret Hindu Law, Past and Present, Universal
10) Derret, Introduction to modern Hindu Law, Universal
11) Ghosh, the law of endowments, S.C. Sarkar
12) Row, Sanjiva, The Indian Succession Act, Law book Co
13) Basu, Indian Succession Act, eastern
14) Gaur, hindu code Vol i and II, Law Publisher
15) Diwan, law of Intested and testamentary Succession, wadhwa
16) Mukherjee, Hindu law of religious and charitable trust, eastern
17) Desai Kumud, Law of Marriages and Divorce
18) Mayne’s Hindu law and usage
19) Parasdiwan, Family law
20) Dr. T. V. SubbaroaFamilt law in India
21) Mulla, principles of Mahommedan law

DSC – 204: ENVIRONMENTAL LAW

Object:
The Environmental law programme, in contrast to other law curricula, has certain characteristics
which make it unique and is one of the best instruments for breaking the ice of colonial legal
education. Its uniqueness lies in the fact that the problems its raises do not relate merely to specific
individuals but about such matters as national development, industrial policy, policies concerning
natural resources, injustice to communities, inter generational equity and prevention of pollution.
All these issues related to problematic about construction of a just, humane and healthy society.

Secondly environmental law necessarily demands an inter – disciplinary approach. Thirdly,


uniqueness of the subject is borne out by the new epistemological outlook which ecology – related
knowledge has brought about in recent times. The development of ecological knowledge has
38
necessitated an overall change not only in managerial studies but also in socio-legal explorations.
This approach to the growing dimensions of environments law is essential.

Method of study: Lecture method and tutorial form of learning is the best method. Case study and
research for self learning may also be truly effective.

Paper writing and presentation may be gainfully employed to maximize the teaching-learning
devise. There are a lot of scope of innovation and new interpretation.

Evaluation methods:Theory Examination – 70 Marks


Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------
Syllabus
Unit 1- Concept of Environmental and Pollution
1.1 Meaning and definition of environment and pollution under different Acts
1.2 Kinds of pollution
1.3 Effects of pollution

Unit 2 Historical perspectives of environment and pollution


2.1 Indian tradition : Dharma of environment
2.2 British Raj – Industrial development and exploitation of nature
Nuisance : penal code and procedural codes
2.3 Free India – continuance of British influence

Unit 3- Constitutional Perspectives


3.1 Constitution making – development and property oriented approach
3.2 Directive principles
3.2.1 Judicial approach
3.3 Fundamental rights - Right to clean and healthy environment, Pollution Free Atmosphere etc.
3.4 Environments v. Development
3.5 Enforcing agencies and remedies
3.6 Emerging Principles
3.6.1 Polluter pays and Precautionary Principle : Public Liability Insurance
3.6.2 Public Trust Doctrine
3.6.3 Sustainable Development

Unit 4- Water and Air Pollution


4.1 Water and Air Pollution - Meaning and standards
4.2 Culprits and victims
4.3 Offences and penalties
4.4 Judicial approach
4.5- Noise Pollution and Control
4.5.1 Legal control
4.5.2 Courts of balancing : permissible and impermissible noise
39
Unit 5- Environment Protection
6.1 Protection means
6.2 Protection agencies : Power and functions
6.3 Emerging protection through delegated legislation
6.3.1 Hazardous waste
6.3.2 Bio – medical waste
6.3.3 Genetic engineering
6.3.4 Disaster emergency preparedness
6.3.5 Coastal zone management
6.4 Judiciary : complex problems in administration of environmental justice

Unit 6- Forest and greenery


7.1 Greenery conservation laws
7.1.1 Forest Conservation Act
7.1.2 Symbiotic relationship and tribal people
7.1.5 Denudation of forest : judicial approach
7.2 Wild life Protection Act

Unit 7 - International Regime


8.1 Stockholm conference
8.2 Green house effect and ozone depletion
8.3 Rio Conference
8.4 Bio – Diversity
8.5 U. N. Declaration on right to Development

Unit 8- Prevention of cruelty to animals


9.1 Animal welfare Board
9.2 Cruelty to Animals Generally
9.3 Experimentation on Animals
9.4 Performing animals

Books
1. Ball and Bell, Environmental Law
2. ShyamDivan : Armin Rosencranz Environmental Laws and Policy in India - Cases,
Malerials and Statutes
3. BaxiUpendra, The Bhopal Case
4. Aggarwal Anil, The State of India’s Environment
5. Lal’s Commentaries on Water and Air Pollution and Environment Protection Laws
6. Pal Chandra, Environmental Pollution and Development, ed 1999
7. Iyer V R Krishna, Environment Pollution and the Law
8. Malaviya, Environment Pollution and its Control under International Law
9. Leelakrishnan, Environmental Law in India 1986
10. The Environment (Protection) Act 1986 and Rules 1986

Select Bibliography :
1) AarminRosencranz, et al, (eds.), Environmental Law and Policy in Indian, (2000), Oxford
2) R. B. Singh & Suresh Misra, Environmental Law in India (1996), Concept Publishing,
New Delhi.
3) Kailash Thakur, Environment Protection Law and Policy in India (1997), Deep & Deep
publications, New Delhi.
40
4) Richard L. Riversz, [Link]. (eds.), Environment Law, the economy and other 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) Center for Science and Environment, The State of Indian’s Environment 1982, The State
of India’s Environment 1984 – 1985 and The State of Indian Environment 1999 – 2000
11) World Commission on Environment and Development, Our Common Future (1987),
Oxford.
12) Maneka Gandhi et. all Animal Laws of India (2001)
13) Iyer V R Krishna, Environment Pollution and the Law
14) Lal’s Commentaries on Water and Air Pollution and Environment Protection Laws
15) Pal Chandra, Environmental Pollution and Development, ed 1999
16) Malaviya, Environment Pollution and its Control under International Law
17) The Environment (Protection) Act 1986 and Rules 1986

DSC – 205: PROFESSIONAL ETHICS ANDPROFESSIONALACCOUNTINGSYSTEM

Object:
Advocates have the dual responsibility of upholding the interestsofthe client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to the
highest standards of probity and honour. An advocate’s conduct should reflect their privileged
position in society which derives from the nobility of this profession. The service of an advocate to
the common man should be compassionate, moral and lawful. Indian Legal System can write up the
next big success story in professional legal education and consequently higher efficiency in Justice
Delivery System if it succeeds in facilitating high professional skills, building up of human resource
with proper integration of knowledge to match the growing world standard.

Method of study: Lecture method and tutorial form of learning is the best method. Case study and
research for self learning may also be truly effective. Paper writing and presentation may be
gainfully employed to maximize the teaching-learning devise. There are a lot of scope of innovation
and new interpretation.
Evaluation methods:Theory Examination – 70 Marks
Internal Assessment:
Assignment / Project Work / Presentation : 20 Marks
Viva Voce College Level : 10 Marks
--------------
: 30 Marks
--------------
Syllabus :

Unit [Link] Ethics.( 20 marks)


41
1.1 Development of Legal Profession in India.

1.2 Concept, need and importance of Professional Ethics.

1.3 Bar Council of India Rules on Standards of professional Conduct and Etiquettes, seven lamps of
advocasy

1.4 Duties and Obligations of Advocate (Norms of Professional Ethics) Section I -Duty to the Court.
Section II -Duty to Client.
Section II -Duty to Opponent.
Section IV -Duty to Colleagues

-Duty to Profession
-Duty to Render Legal Aid.
1.5 Restrictions on other employments.
1.6 Senior Advocates and Restrictions on Senior Advocates.
1.7 Form of Dresses or Robes to be worn by Advocate.
1.8 Vakalatnama.

Unit 2. Advocates Act, 1961 : ( 20 marks)

2.1 Chapter I (Sections 1 and 2) Definitions-Advocate, Legal Practitioner, LawGraduate.


2.2 Chapter II (Sections 3 to 15) -Bar Councils Functions.

2.3 Chapter III (Sections 16 to 28) -Admission and Enrolment of Advocates.

2.4 Chapter IV (Sections 29 to 34) -Right to Practice.

2.5 Chapter V (Sections 35 to 44) -Conduct of Advocates. Punishment of Advocates for misconduct.
2.6 Chapter VI (Sections 45 -Miscellaneous.)

Unit [Link]-Bench Relations and Contempt of Court.( 10 marks)


3.1 Concept and Role of Bar-Bench Relation with reference to
administration of Justice.
3.2 The Contempt of Courts Act, 1971 Sections 1 to 24.

Unit [Link] for Lawyers.( 10 marks)


4.1 Definition, object, Importance and Utility of Book Keeping.

4.2 Principles of Book-keeping and Accountancy, Accounting concepts and


Accounting conventions.

4.3 Meaning and Advantages of Double Entry Bookkeeping.

4.4 Classification of accounts and Rules for debiting and crediting the accounts. Journal entries, Ledger
Posting, Subsidiary Books.
4.5 Types of Cash Book.

(a) Simple Cash Book.


(b) Cash Book with Cash and Discount columns.
42

(c) Cash Book with Cash, Bank and discount columns. 4.6 Bank Reconciliation statement.
4.7 Rectification of Errors.
4.8 Preparation of Trial Balance.

4.9 Preparation of Trading, Profit and Loss Account and Balance Sheet.
4.10 Preparation of Income and Expenditure Account.

4.11 Assessment of income and expenditure and payment of taxes by Advocates.

Unit 5. Cases & Selected Opinions Prescribed for Study.

5.1 Major Judgements of Supreme Court on the subject :

1) Pralhad Saran Gupta V/s Bar Council of India & another, AIR 1997, SC, 1338
2) Hikmat Ali Khan V/s IshwarPrasd, AIR, 1997, SC 864.
3) V. P. Kumarvelu V/s B.C.L., AIR, 1997, SC 1014
4) P.D. Gupta V/s Ram Murty, AIR, 1988, SC 283.
5) In Re. V.C. Mishra, AIR, 1995, SC 2348.
6) Supreme Court Bar Association V/s Union Bank of India, AIR, 1988, SC 1895.

7) U.P. Sales Tax Service Association V/s Taxation bar Association, Agara AIR, 1996, SC 98.

8) John D’ Souza V/s Edward Ani, AIR, 1994, SC 975.


9) Dalal, D.S. V/s State Bank of India, AIR, 1993, CRLJ 1478.
10) Mr. Roma Baneriji V/s UshapatiBanerji, AIR, 1958, CRLJ 1478.

5.2 Selected Opinions Of The Disciplinary Committee Of Bar Council Of India

1) B.C.I. TR Case No. 27/1988, Vol. 16(3&4) 1989, I.B.R. Y.V.R. (Complainant) V/s M.K.N.
(Respondent).

2) B.C.I. TR Case No. 24/1986, Vol. 16(3&4) 1989, I.B.R.C.L. (Complainant) V/s N.T.S.
(Respondent).

3) D.C. Appeal No. 6/1988, Vol. 16(3&4) 1989, I.B.R.J.E. (Appellant) V/s Smt. A (Respondent).

4) D.C. Appeal No. 28/1986, Vol. 15(3&4) 1988, I.B.R.J. (Appellant) V/s Smt. A (Respondent).

5) D.C. Appeal No. 35/1987, Vol. 16(3&4) 1989, I.B.R.N.M. (Appellant) V/s V. D. (Respondent).
6) D.C. Appeal No. 131975 (Mah.) Vol. 5 (1-3) 1976, Journal of Bar 35 Council of India, A.
(Appellant) V/s Bar Council of Maharashtra, (Respondent)

7) B.C.I. , TR. Case No. 17/86. Vol. 15(3&4), 1988, I.B.R. M. (petitioner/complainant) V/s Bar
Council of Maharashtra, (Respondent)

8) B.C.I. , TR. Case No. 63/1983. Vol. 15(3&4), 1988, I.B.R. B. (Complainant) V/s R. (Respondent)

9) D.C. Appeal No. 21 of 1985. Vol. 15(3 and 4), 1988, I.B.R.G. (Applicant) V/s T. (Respondent)
43

10) B.C.I. , TR. Case No. 61/1983. Vol. 14(2), 1987, I.B.R. D. (Complainant) V/s B. (Respondent)

Recommended Books
1. Sanjiva Row’s Advocates Act, 1961.
2. Iyer’s Law of Contempt of Courts.
3. Bar Council of India Trust Selected Judgments on Professional Ethics.
4. Bar Council of India Rules on Standards of Professional conduct and Etiquetee.
5. Dr. KailashRai-Legal Ethics, Accountancy for Lawyers and Bench-Bar Relations.

6. Dr. S. P. Gupta-Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations.


7. M. G. Patkar-Book Keeping and Accountancy.
8. Mrs. JayashreeKotibhaskar-Book Keeping and Accountancy.
9. KrishnamurtiIyer-Advocacy.
10. Shukla and Grewal-Advance Accountancy.
11. R. L. Gupta-Advanced Accountancy.
12. S. N. Maheshwari-Introduction to Accountancy.
13. Indian Bar Review-Journal.

14. M. P. Jain-Outline Indian Legal History-Chapter Development of Legal Profession.

15. V.K.V. Krishna Swami Iyer-Professional Conduct and Advocacy Chapters 10 to 17.

16. M. R. Mallick-Advocates Act, 1961 with professional Ethics Advocacy and Bar Bench
Relationship.

17. P. L. Mehta, Sushma Gupta-Legal Education and Legal Professional in India.


18. Law Reporters-A.I.R., S.C.C. (Relevant cases).

19. J.P.S. Sirohi-Professional Ethics, Accountancy for Lawyers and Bar Bench Relations.
20. Agarwal A. N.-Practical Aspects of Higher Accountancy.
21. Anand-Professional Ethics of Bar.
22. JhaShriram Chandra-Selected Judgments on Professional Ethics.

23. Mynen S. R.-Professional Ethics, Accountancy for Lawyers and Bench Bar Relations.
24. Reddy G. B.-Practical Advocacy for Lawyers.

AECC – 206 PUBLIC INTEREST LAWYERING AND PARA LEGAL SERVICES

Each Ability Enhancement compulsory Course (AECC) of 2 Credits shall be of 50 Marks including teaching
workload of 2 lectures per week per AECC. This paper workload shall be shared by existing Full-Time Teachers.
The assessment of the Subject Skill Enhancement Course shall be internal assessment. The weightage for the
continuous internal Assessment shall be based on the following.

Unit – 1 Public Interest Litigation


1.1 Meaning and object
1.2 Locus Standy
1.3 Merits and demerits of Public Interest Lawyering
44
1.4 Public Interest Litigation and Writ Jurisdiction
1.5 Social Revolution Through P.I.L. with Cases

Unit – 2 Legal – Aid and Legal Literacy Programme


2.1 Meaning, Object and Importance
2.2 Constitutional Provisions
2.3 Legal Services Authorities Act, 1987
2.4 Legal – Aid and Legal Profession

Unit – 3 LokAdalat
3.1 Meaning of LokAdalat
3.2 Organisation of LokAdalat
3.3 Permanent LokAdalat
3.4 Compostion of LokAdalat
3.5 Functioning of LokAdalats

Unit – 4 Para-Legal Training and Importance


4.1 Meaning, Objects and Importance
4.2 Role of DALSA,TALSA
4.3 Legal Literacy Campus
4.4 Negotiation
4.5 Counselling

Unit – 5 LokNayalaya and Gram Nyayalaya


5.1 Meaning, Objects and Importance
5.2 Features of the Gram Nayalaya Act, 2008
5.3 Jurisdiction of Gram Nyayalaya
5.4 Appellate Provisions
5.5 Mobile Court

• Books Recommended
1) Public Interest Lawyering, Legal-Aid and Para Legal Services by Prof. KailashRai
2) Public Interest Litigation by J. Gulab Gupta
3) Legal – Aid to the poor by [Link].

**************

Common questions

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Globalisation and liberalisation have significantly impacted the structure of higher legal education by necessitating a curriculum that emphasizes quality assurance and relevancy in a global context. This is reflected in the LL.B program's inclusion of courses designed to enhance both theoretical knowledge and practical skills—like the mandatory subjects and clinical papers. The curriculum's evolution mirrors global educational standards, ensuring students are equipped to compete in an international legal landscape .

The LL.B program structures its credit system by assigning specific weightage to different courses based on instructional hours. For a three-year LL.B program comprising six semesters, the total is 36 courses with a minimum of 192 credits. This includes 30 Compulsory Core Courses (Discipline Specific Core Courses) contributing 180 credits, constituting 93.75% of the total course credit. The remaining 6 Ability Enhancement Compulsory Courses account for 12 credits, making up 6.25% of the total .

If a student passes the internal assessments but fails the End-Semester Examination, their internal marks and earned credits for the respective course will be carried forward. These students have the opportunity to reappear for the theory examination while retaining their internal assessment scores until the validity of the semester expires .

The inclusion of motor vehicle accident claims in the Tort Law curriculum highlights its practical significance in providing redress for personal and property injuries. It emphasizes the understanding of liability, the role of insurance, and the functioning of claim tribunals, which is crucial in contemporary legal practice. This focus ensures students are well-versed in prevailing tort liability issues and consumer protection laws, reflecting changes due to technological advancements .

The Moot Court exercises serve as a practical training component within the LL.B program. This includes three core components: Moot Court performance, Observance of Trial processes in two cases, and Pre-Trial preparation with an Internship Diary. Each component is evaluated with 30 marks, supplemented by a 10-mark viva voce. These exercises offer students practical exposure to court procedures, enhancing their legal skills and competencies .

The LL.B program integrates practical training with theoretical studies through specific practical training papers, which include Professional Ethics, Alternative Dispute Resolution, Drafting, Pleading and Conveyance, and Moot Court Exercise and Internship. These papers involve both classroom instruction and hands-on exercises such as simulations, drafting, and moot courts. They are evaluated through both internal assessments and End-Semester University Examinations. For instance, drafting practicals include exercises in pleadings and conveyancing, with marks allocated across practical exercises, and viva voce .

Each Discipline Specific Core Course (DSC) in the LL.B program is evaluated based on a combination of internal assessment and an End-Semester University Examination, totaling 100 marks. The internal assessment comprises 30 marks divided into assignment/project work/presentation (20 marks) and viva voce (10 marks). The university examination contributes 70 marks. To pass, a student must secure at least 35 marks in total, with a minimum of 10 marks from internal assessment and 25 marks from the university examination. Additionally, the average pass percentage for each semester must be at least 40% .

Ability Enhancement Compulsory Courses (AECC) in the LL.B curriculum are designed to develop essential skills that complement the core disciplinary knowledge. These courses, including Advocacy Skills and Criminal Law Investigation and Forensic Science, are compulsory and carry 50 marks each. They are assessed through internal evaluations, primarily consisting of objective type questions. The minimum passing mark is set at 20 out of 50, allowing students to earn two credits for successful completion .

During the LL.B program, students must complete a minimum of 12 weeks of internship in the three-year course stream, possibly under NGOs, trial and appellate advocates, judiciary, and other legal functionaries. Internships are to be spread across the duration of the program, with no continuous period exceeding four weeks. An Internship diary is maintained by each student, which is evaluated by an internship guide and a core faculty member, and marks are assigned in the final semester of the course within the 4th Clinical course .

The educational objective for teaching Constitutional Law in the LL.B program is to impart an understanding of the political, social, and economic value structures enshrined in the Indian Constitution, while ensuring students are aware of their rights and the state's responsibilities. Instructional methods recommended include lectures, interactive sessions, case studies, and research for self-directed learning. Paper writing and presentations are also suggested to enhance comprehension and critical analysis of constitutional doctrines .

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