Revised -2018

DEPARTMENT OF LAW
ALIGARH MUSLIM UNIVERSITY, ALIGARH
[Link].B. (Hons.) V SEMESTER
LEGAL THEORY-I

Objectives:
This course encourages critical reflections on the nature of law, the central issues of
jurisprudence and the concepts and techniques used in the operation of legal systems. Topics
to be covered may include some of the following: the relationship between law and morality;
natural law; legal positivism; Ronald Dworkin’s jurisprudence; utilitarianism and economic
analysis of law; justice; liberty; rights; the Rule of Law; punishment; adjudication and legal
reasoning; legal realism; sociological jurisprudence; critical legal studies; feminist
jurisprudence; postmodern jurisprudence.

The course deals with the concept, nature, scope and utility of jurisprudence/legal theory. It
relates to the study of different scholastic approaches, selected exponents of different
jurisprudential thoughts: analytical school, philosophical school, historical school,
sociological school, and feminist jurisprudence and critical appreciation of their theories in
socio-legal perspective in general and with reference to India in particular. The objectives of
the course are:

i. To familiarize the students with the concept, nature and utility subject.
ii. To instill in the students a capacity for critical analysis of jurisprudential concept with
reference to law and society.
iii. To enable the students to understand the characteristic features of different Schools of
jurisprudence.
iv. To acquaint the students different exponents of different Schools and their contributions
to Jurisprudence.
v. To inculcate the spirit of critical appreciation of socio-legal issues effecting the legal
Institutions, State and Society.
vi. To sensitize the students with regards to the emerging trend in feminist jurisprudence.

UNIT-I:
1. Introduction and overview of the subject
2. Concept, nature and Scope of Jurisprudence
3. Purpose and value of Jurisprudence
4. Utility and relevance of jurisprudence

1
UNIT-II:

1. Introduction to different Scholastic thoughts

2. Natural Law School of Jurisprudence
 Characteristic features of Natural law School
i. Ancient Period
ii. Medieval Period
iii. Modern and post Modern period
iv. Decline of Natural Law School
v. Revival of Natural law School

UNIT-III:

Analytical School of Jurisprudence

 Characteristic features of Analytical School of Jurisprudence
i. Concept and Nature of Analytical positivism
ii. [Link] and J. Austin’s contribution to Analytical Jurisprudence
iii. Hans Kelsen’s Pure Theory of Law
iv. H.L.A. Hart’s Primary and Secondary rule and rule of recognition
v. Analytical Jurisprudence on function of Law, Sanction and sovereignty

UNIT-IV:

1. Historical School of Jurisprudence

 Characteristic features of Historical School
i. Historical Theories of Law
ii. F.K. Von Savigny and Henry Maine’s perceptions of Historical School and their
evaluation
iii. Concept of Status to contract and Vice-Versa

2. Feminist Jurisprudence
i. Feminism : (a) Concept, (b) Notion of Patriarchy
ii. Characteristic features of feminist Jurisprudence
iii. Feminist Theories-Liberal, Socialist & Radical Feminism
iv. Feminist Movement in India

2
UNIT-V:

Sociological School of Jurisprudence

i. Characteristics features of Sociological School
ii. Origin and development of Sociological approach
iii. Methodology of Sociological approach
iv. Evaluation of theories of certain sociological jurists: (The balancing of interest): Ehrlich
(The living Law): Durkheim (Social solidarity): Weber (Law as a Legitimate authority)
and Roscoe Pound (sociological engineering).

Suggested Readings:

1. Dennis Lloyd, Introduction to Jurisprudence (Sweet & Maxwell, 6th Ed.)

2. Dias, S.N. Jurisprudence: A Study of Indian Legal Theory (1985), Metropolitan New
Delhi.
3. Paton, Jurisprudence
4. J. Salmond, Jurisprudence (Sweet & Maxwell, 12th Ed.1966)
5. B.N.M. Tripathi – An Introduction to Jurisprudence and Legal theory
6. [Link] Rao, Jurisprudence and Legal Theory
7. H. Davies & D.:Ho1dcroft, Jurisprudence, London (1991)
8. Paranjpe N V, Jurisprudence and Legal Theory
9. J. Austin, The province of Jurisprudence Determined (edited by H.L.A. Hart, 1954)
10. E.W. Patterson, Jurisprudence (ed. 1st. 1952)
11. Julius Stone , Social Dimension of Law and Justice (1996, Australia)
12. Mahajan V.D., Jurisprudence and Legal Theory
13. Roscoe Pound, An Introduction to Philosophy of Law (ed. 1954, London)
14. E. Bodenheimer, Jurisprudence (1962, U.S.A.)
15. Frend J., The Sociology of Maz Weber (1968).
—_—

3
 Revised: 2018
DEPARTMENT OF LAW
ALIGARH MUSLIM UNIVERSITY, ALIGARH
[Link]. B (Hons.) V SEMESTER
HINDU LAW-I

Objectives:
The objectives of the course are to apprise the law graduates with Jurisprudential basis and
salient statutory features of various family institutions like Marriage, Dissolution of
Marriage, Adoption and guardianships etc. The course also aims at to make objective analysis
of family laws in context of changing social values and feminist jurisprudence.

UNIT-I
Sources of Hindu Law
(i) Ancient Sources
(ii) Modern sources

Schools of Hindu Law

(i) Mitakshara School
(ii) Dayabhaga School

UNIT-II
Institution of Hindu Marriage
(i) Application of Hindu Marriage Act, 1955
(ii) Concept and Nature of Hindu Marriage
(iii) Conditions for valid Hindu marriage
(iv) Live-in-Relatoinship

Restitution of Conjugal Rights

(i) Constitutional Validity of Restitution of Conjugal Rights

Nullity of Marriage
(i) Void Marriage and the grounds of void marriage
(ii) Voidable Marriage and the grounds of voidable marriage
(iii) Status of Children of void & voidable marriage
(iv) Penal consequences of void & voidable marriage

4
 UNIT-III
Dissolution of Hindu Marriage
(i) Divorce on Fault Grounds
(ii) Divorce by Mutual consent
(iii) Break down of Marriage as a ground of Divorce
(iv) Bar to re-marriage after Divorce

UNIT-IV
Adoption
(i) Jurisprudential Basis of Adoption
(ii) Requirements for a valid adoption
(iii) Capacity to Adoption
(iv) Effects of Adoption and Relationship of Adopted Child

Maintenance
(i) Maintenance Rights of Hindu Wife: Nature and Extent
(ii) Maintenance Rights of Daughter in law, Parents and Children

UNIT-V
Guardianship
Guardianship of the Minor’s person
(i) Natural guardians
(ii) Testamentary Guardians
(iii) Guardians appointed by Courts
(iv) De-facto guardian

Guardianship of Minor’s Property

(i) Natural Guardian’s Powers
(ii) Testamentary guardian’s powers

Suggested Readings:
1. Shastri- Hindu Jurisprudence
2. J.D.M. Derrett- Hindu Law
3. Mulla-Hindu Law, Butterworth’s Publication
4. ParasDiwan- Hindu Law, Allahabad Law Agency
5. Kusum& P.P. Sexena- Lectures on Hindu Law, Butterworth’s Publication
6. Maine-Hindu Law

5
 Revised-2018
DEPARTMENT OF LAW
ALIGARH MUSLIM UNIVERSITY, ALIGARH
[Link].B.(Hons.) V SEMESTER
LAW OF EVIDENCE-I
Objectives:
The Law of Evidence, as amended from time to time, is an indispensable part of both
substantive and procedural laws. It imparts credibility to adjudicatory process by indicating
the degree of veracity to be attributed to the ‘facts’ and ‘witnesses’ before the forum. The
object of this course is to enable the students to appreciate the concept of relevancy of facts
and their admissibility and identify the recognized forms of evidence like oral evidence
alongwith the exceptions and when hearsay evidence becomes admissible because of
necessity or expediency in order to find out the truth.

UNIT-I: INTRODUCTION AND GENERAL CONCEPTS IN LAW OF

EVIDENCE

1. Importance of necessity of the rules of law of evidence

2. Main features of Indian Evidence Act, 1872
3. Definition (Sec.3)- Facts, Facts in Issue and Relevant facts, Evidence and its Kinds,
Proved, Disproved, and not Proved, Presumptions (Sec.4)
4. Relevancy and Admissibility
5. Evidence of Relevant Facts (Sec.5)
6. Doctrine of Res. Gestae (Sec.6)
7. Facts Constituting Occasion, Cause or effect of Facts in Issue (Sec.7)

UNIT-II: RELEVANCY OF FACTS

1. Facts Constituting Motive, Preparation and Conduct (Sec.8)

2. Facts reflecting upon common Intention (Sec.10)
3. Facts not otherwise relevant when become relevant (Sec.11)
4. Facts showing state of mind, or of body or bodily feeling (Sec.14)
5. Facts having a bearing on the question whether an act was accidental or intentional
(Sec.15)

UNIT-III: ADMISSION AND CONFESSION

1. Admission and its kinds (Sec.17)

2. Admission by party to proceeding or his Agent (Sec.18)
3. Admission by persons expressly referred to by party to suit (Sec.20)
4. Admission in civil cases, when relevant (Sec.23)
5. Admission and Confession (Their distinctions)
6. Problem of non admissibility of confession caused by Inducement, threat or Promise
(Sec.24)
7. Inadmissibility of custodial confession (Sec.25)
8. Admissibility of custodial confession (Sec.26)
9. Admissibility of information received from an accused person in custody (Sec.27)
10. Confession by co-accused (Sec.30), Retracted confession and its evidentiary value

6
 UNIT-IV: STATEMENT BY A PERSON WHO CANNOT BE CALLED AS
WITNESS WHEN IT RELATES TO THE CAUSE OF DEATH.

1. Justification for relevance of dying declarations

2. Judicial standards for appreciation of evidentiary value of dying declarations
3. Distinction between Indian and English law of dying declaration
4. Relevancy of Judgments: General principles (Sec.40-44)
• Admissibility of judgments in civil and criminal cases
• Fraud and Collusion (Sec.44)

UNIT-V: EXPERT TESTIMONY AND CHARACTER EVIDENCE

1. General principles relating to Expert Testimony

2. Who is an Expert? Types of Experts Evidence
3. Opinion as to digital signature, when relevant (Sec.47-A)
4. Evidence of character in civil and criminal cases (Sec.52-55)
5. General principles concerning oral Evidence (Sec.59-60)

Suggested Readings:

1. Indian Evidence Act, 1872 (Relevant Statutory Provisions)

2. Monir : Law of Evidence
3. Batuk Lal : Law of Evidence
4. Ratan Lal & Dhiraj Lal : Law of Evidence
5. Avtar Singh : Principles of Law of Evidence
6. Tandon : Indian Evidence Act
7. R. Dayal : Indian Evidence Act
8. Dr. Satish Chandra : Indian Evidence Act

—_—

7
 Revised 2018
DEPARTMENT OF LAW
ALIGARH MUSLIM UNIVERSITY, ALIGARH
[Link] (HONS) V SEMESTER
MUSLIM LAW-II

Objectives:
The main objective of this course is to apprise the students of [Link].B (Hons) with the
Islamic principles governing the devolution of the heritage of a deceased Muslim viz-a-viz
scope of its application in the contemporary legal system in India. The course also aims to
deal with the modes of creation of various charitable institutions like Will (Wasiyat), Hiba
and Waqf within the frame work of Muslim Law and its relevance in the contemporary
scenario.

UNIT-I:

A- Will (Wasiyat)
1. Meaning, origin and objects of will
2. Requisites of a valid will
3. Limitation on Testamentary powers
4. Forms or modes of creation of will
5. Abatement of Legacy
6. Revocation of will

B- Gift (Hiba)

1. Definition of Gift
2. Essentials of a valid gift/Hiba
3. Modes of creation of Gift/hiba
4. Gift of Musha
5. Gift of Life estate and Life-interest
6. Gift in Marazul-Maut
7. Hiba bil-iwaaz and Hiba-ba-sharatul-iwaz
8. Revocation of gift/Hiba

UNIT-II:

THE LAW OF WAQF IN INDIA

(i) Definition of Waqf
(ii) Objects of Waqf
(iii) Origin of waqf
 Holy Quran
 Traditions
(iv) Essential conditions for a valid waqf
(v) Legal incidents/consequences of a valid waqf

8
  Classification of Waqf
(i) Public Waqf (waqf-alal-khair)
(ii) Private Waqf (waqf-alal-Awlad)

Office of Mutawalli

1. Who may be Mutawalli

2. Power of Appointment of Mutawalli
3. Duties of a Mutawalli
4. Penalties on Mutawalli for failure to perform his duties
5. Removal of Mutawalli

Waqf Board
(i) Establishment of Waqf Board
(ii) Powers and Functions of Waqf Board
(iii) Registration of Waqf

UNIT-III:

A- Pre-Emption
1. Definition, origin and basis of Pre-emption
2. Kinds of Pre-emption
3. Necessary formalities for the enforcement of right of Pre-emption
4. Legal effects of pre-Emption
5. Constitutionality of pre-emption
B- Administration of Estates of a deceased Muslim

UNIT-IV:

Inheritance –I
1. General principles
2. Rules of exclusion and impediments
3. Classification of heirs
4. Distribution of heritage among Heirs of Class-I and II of Sunni and Shia

UNIT-V:

Inheritance –II
1. Doctrine of Aul
2. Doctrine of Rudd
3. Doctrine of Umar Yatin
4. Al Mimbariya or Pulpit rule
5. Doctrine of Tasib and its effect
Suggested Readings:
1. Prof. Mustafa Ali Khan : Law of in heritance A new approach
2. Ameer Ali : Principle of Mohammedan Law.
3. Tayyab Ji : Muslim Law
4. A.A.A. Fayzee : Mohammedan Law, ed. Publication

9
 5. Ameer Ali : Spirit of Islam.
6. S.K..Saxena : Muslim Law
7. D.F. Mulla : Mohammedan Law
8. K.N. Ahmad : Divorce under Muslim Law
9. Dr. Tanzil-ur-Rahman : A Code of Muslim Personal Law
10. Dr. Tahir Mahmood : Muslim Law
11. Aqil Ahmad : Mohammedan Law
12. S. Khalid Rashid : Muslim Law in India

Leading Cases:
1. Sheikh Kudratullah V. Mohini Mohan Saha (1869) 4 Beng.
2. Digambar Singh V. Ahmad (1915) 37 All 129
3. Sita Ram V. Ziaul Hasan AIR 1960 SC 1368
4. Gobind Dayal V. Inayatullah ILR 7 All 775
5. Bhao Ram V. Baij Nath 1962 SC 1476
6. Sant Ram . Labh Singh AIR 1962 All 191
7. Atma Prakash V. State of Haryana (1968) SCC 249
8. Sita Ram V. Brij Raj Kishore AIR 1972 AP 313
9. Jafri Begum V. Amir Mohd Khan (1885) ILR 822
10. Razzaque Sajan Saheb Bagwan and others V. Ibrahim Haji Mohd. Hussain, AIR 1999 SC
2043
11. Bibi Siddique Fatima V. S.M. Hasan, AIR 1978 SC 1362
12. Syed Ghulam Sarwar V. Afzallunnnisa Begum, AIR 2004, AP 485
13. Vidya Varuthi Thirtha Swamigal V. Baluswami Iyer, AIR 1922, PC 123
14. Syed Ali V. A.P. Wakf Board, Hyderabad, (1998) 2 SCC 642
15. Mohd. Ismail Farooqi V. Union of India AIR 1994 SC 605
16. Kulsum Bibi V. Ghulam Hussain (1905) 10 CWN 484
17. Abdul Fata Mohd. V. R.D. Chaudhary (1894) 221 A. 76
18. Trustees of Sahebzadi Oalia Kulsum V. Controller of Est. Duty A.P. (1998) SCC 267
19. Bikini Miyan V. Sukhlal Poddar (1893) 20 Cal. 116
20. All India Imam Organisation V. UOI, AIR 1993 SC 2086
21. [Link] Board V. M. Ebrahim Musuee, AIR 1979, Mad 231
22. Fazlul Rabbi Pradhan V. State of West Bengal AIR 1965 SCC 1772
23. Garib Das V. Munshi Abdul Hamid, AIR 1970 SC 1035
24. M. Govind Rao V. A.P. Waqf Board, AIR 2008 Bom
25. Fukan V. Mst. Mumtaz Begum, 1932 PC 81
26. Abdul Manan Khan V. Murtaza Khan, AIR 1991, Pat.155
27. Khajoorunnisa V. Roushan Jahan
28. Karim Bi V. Mariam Bi, AIR 1986 Mad. 447
29. Musa Miya V. Kader Bux AIR 1928, PC 108
30. Nawazish Ali Khan V. Ali Raza Khan AIR 1948 ALJ 181
31. Amjad KhanV. Ashraf Khan AIR 1929, PC 149
32. Maqbool Alam V. Mst. Khodaia AIR 1966 SC 1194
33. Ghulam Hussain Kutubuddin Maner V. Abdul Rasheed A. Maner (2000) 8 SCC 507
34. Abdul Rahim and others V. SK. Abdul Jabbar and Others (2009) 6 SCC 160
35. Hafiza Bibi and Others V. Sheikh Fareed and others (2011) 5 SC 654
36. K. Abdul Hameed V. Smt. Sabira Begum, AIR 2006 Kant 289.
—_—

10
 Revised- 2018
DEPARTMENT OF LAW
ALIGARHMUSLIMUNIVERSITY, ALIGARH
[Link].B. (Hons.) V SEMESTER
PUBLIC INTERNATIONAL LAW

Objective:
The main thrust of this course is to impart the knowledge of international law and its
jurisprudence at international, regional and national levels. In this syllabus, an attempt has
been made to familiarize the students with the basic concepts, theories and practices of
International law. By the end of the course the students will be able to develop an insight and
ability to analyze the contents and documents of International law and the difficulties
involved in its enforcement process.

UNIT I:

INTRODUCTION TOPUBLIC INTERNATIONAL LAW

A. Historical Development and the Nature of International Law

a) Development of International Law.
b) Definition of International Law.
c) Nature of International Law; Whether International Law is a true Law?

B. Basis, Codification and Sanctions of International Law

a) Basis of International Law; Jurisprudential theories.
B) Codification of International Law: Focus on the work of International Law
Commission.
c) Sanctions of International Law.

C. Subjects of International Law

a) Theories relating to subjects of International Law; Realist theory, Fictional theory and
Functional theory.
b) States and Intergovernmental Organizationsas subjects of International Law.
c) Individual as a subject of International Law.

UNIT-II
THE SOURCES OF INTERNATIONAL LAW AND ITS RELATIONWITH
MUNICIPAL LAW

A. Relationship between International Law and Municipal Law

a) Theories on Relationship: Monistic theory, Dualist theory.
b) Practices of the states: United States of America and United Kingdom.
c) Practice of India.

B. Sources of International Law

a) Article 38 of the Statute of the International Court of Justice, 1945.

11
b) Treaties and Conventions, International Customs, General Principles Recognised by
Civilised Nations, Decisions of Judicial and Arbitral Tribunals, Juristic Opinion, Advisory
Opinions of ICJ and PCIJ,Ex aequo et bono.
c) Other Sources: UN General Assembly Resolutions and Declarations, Resolutions of
UN Security Council.

C. Treaties
a) Meaning, Definition, Type and Characterization.
b) Vienna convention on the law of treaties 1969; Parties competent to make a
Treaty,Formation of a Treaty, Treaty procedure.
c) Reservation in Treaty, Amendment or modification of Treaty, Invalidity of Treaty,
Termination of Treaty and Jus-Cogen.

UNIT III:

STATE UNDER INTERNATIONAL LAW

A. StateRecognition and State Succession

a) Recognition: Meaning and definition, Theories of Recognition, Modes of
Recognition, Distinction between Recognition of the State and Government.
b) Legal effects of Recognition, Consequences of non-recognition, Withdrawal of
Recognition.
c) State succession.

B. State Responsibility
a) Meaning of State Responsibility, Basis of International State Responsibility, ILC
Draft Code on Responsibility of States for Internationally Wrongful Acts, 2001.
b) Constituent elements of State Responsibility, the Act of the State; Rule of Attribution.
c) Forms of Reparation: Restitution, Indemnity, Satisfaction, Guarantee against
repetition.

C. State Jurisdiction
a) Jurisdiction in general; Civil and criminal jurisdiction of the State.
b) Basis of the Jurisdiction:Territorial principle, Nationality principle, Protective
principle and Universality principle.
c) Jurisdiction over air space and outer space.
d) Exemptions from the state jurisdiction.

UNIT IV:

INDIVIDUAL AND INTERNATIONAL LAW

A. Nationality and Statelessness

a) Meaning of Nationality, Distinction between Citizenship and Nationality, Law on
Nationality.
b) Modes of acquisition of Nationality, Expatriation-loss of Nationality, Dual
Nationality.
c) Statelessness.

12
B. Extraditionand Asylum
a) Meaning of Extradition.
b) International Law on Extradition, Extradition Law in India.
c) Doctrine of Double criminality, Rule of Speciality.
d) Asylum; Kinds, Territorial asylum, Extraterritorial and diplomatic asylum.

C. Sovereign, Diplomatic and Consular Immunities/Privileges

a) Typesof Diplomatic Agents and Consuls.
b) Sovereign and non-sovereign Acts.
c) Diplomatic immunity, personal and property.
d) Consular privileges and immunities.

UNIT V:

INTERNATIONAL HUMANITARIAN AND REFUGEE LAW

A. Introduction
a) Definition, Origin and development of International Humanitarian Law.
b) Geneva Conventions of 1949 and Additional Protocols of 1977.
c) International Human Rights Law and International humanitarian Law; A Distinction.

B. Protection of Defenseless in War

a) Protection of civilians during armed conflict.
b) Protection of prisoners of war.
c) Protection of wounded, sick and shipwrecked members of armed forces.

C. Refugee Law
a) Meaning of Refugee under various International Instruments.
b) Convention Relating to the Status of Refugees, 1951-A brief overview, Principle of
Non-refoulement.
c) Asylum-seekers, Migrants, Internally displaced persons and Refugees; Distinction.
d) Refugee Protection in India: Registration of Foreigners Act, 1939, the Foreigners Act,
1946, and the Foreigners Order, 1948, Constitution of India, Role of National Human Rights
Commission.

Prescribed Books
1. B.C. Nirmal and R.K. Singh, (ed.), Contemporary Issues in International Law:
Environment, International Trade, Information Technology and Legal Education,
(2ndedn. 2018).
2. Bimal N. Patel, India and International Law, (Vol. 2, 2008).
3. D. J. Harris, Cases and Materials on International Law, (7th edn. 2010).
4. Gerhard Von Glahn, Law Among Nations: An Introduction to Public International
Law, (11thedn. 2017).
5. Gurdip Singh, Public International Law, (2ndEdn. 2011).
6. H.O. Agarwal, International Law and Human Rights, (21st edn. 2016).
7. I.A. Shearer, Starke’s International Law, (11th edn., 2011).
8. IAN Brownlie, Principles of Public International Law, (7thedn. 2008).
9. Larry Maybee, (ed.), International Humanitarian Law: A Reader for South Asia,
(1stedn. 2008).
10. M.N. Shaw, International Law, (6thedn. 2008).

13
 11. M.P. Tandon, Public International Law, (edn. 2017).
12. Manoj Kumar Sinha, Handbook of Legal Instruments on International Human Rights
and Refugee Laws, (1stedn. 2014).
13. Martin Dixon, Text Book on International Law, (3rd edn.).
14. Robert Jennings and Arthur Watts, Oppenheim’s International Law, [Vol. 1 - Peace],
(9thEdn. . 1996).
15. S.K. Verma, An Introduction to Public International Law, (2nd edn. 2012).
16. [Link], International Law and Human Rights, (19thEdn.).
17. Tandon and Tandon, Cases on International Law.
18. V. K. Ahuja,:Public International Law, (1stedn. 2016).
19. V.S Mani, (ed.), Handbook of International Humanitarian Law in South Asia, (1stedn.
2007).

IMPORTANT CASE LAWS

1. Chorzow Factory Case of 1928
2. Hostage Case, 1980 (between USA and Iran)
3. S. S. Lotus Case,[ France v Turkey(1927) PCIJ
4. North Sea Continental Shelf Case, [ICJ Reports, 1969]
5. Reparations for injuries suffered in the services of United Nations (I.C.J Reports,
1949
6. Right of passage over Indian Territory case (Merits) Portugal v. India ICJ Reports
1960
7. Asylum Case, Columbia v. Peru ICJ Reports 1950
8. Effect of Awards of compensation made by the United Nation Administrative
Tribunal, Advisory Opinion of I.C.J. (July 13, 1954) 1954 International Law Reports
310
9. Island of Palmas Netherlands v. USA (RIAA, 1928)
10. Temple OF PreahVihear Case (Merits) Cambodia v. Thailand (ICJ Reports 1962)
11. Advisory Opinion on Legality of the Threat or Use of Nuclear Weapons (ICJ Reports
1996)
12. Accordance with International Law of the Unilateral Declaration of Independence in
Respect of KOSOVO Advisory Opinion of I.C.J. (July 22, 2010)
13. In Re Berubari Union (I) Special Reference No. 1 of 1959 (1960) 3 SCR 250
14. Ram Kishore Sen v. Union of India (1966) 1 SCR 430
15. Jolly George Verghese&Anr. v The Bank of Cochin AIR 1980 SC 470
16. Vellore Citizens' Welfare Forum v. Union of India (1996) 5 SCC 647
17. Vishaka v. State of Rajasthan (1997) 6 SCC 241
18. Gaurav Jain v Union of India &Ors, AIR 1997 SC 3021
19. CIT v. P.V.A.L. KulandaganChettiar (2004) 6 SCC 235 S
20. Conditions of Admission of State to Membership in the United Nations Advisory
Opinion of 28 May 1948
21. Military and Paramilitary activities in and against Nicaragua (Nicaragua v United
States of America), Merits ICJ Reports, 1986
22. Lagrand Case Germany v. United States of America, ICJ Reports 2001
23. U.K V Albania (1949), ICJ
24. Anglo- Iranian Oil Co. case, I.C.J. Rep. (1952)
25. Gabcikovo-NagymarosProject Case Hungary vs Slovakia 1997
26. Rainbow Warrior Arbitration Case between France and New Zealand, 1990

14
 27. Avena and other Mexican nationals (Mexico v United States of America), ICJ Reports
2004.
28. Application of the Genocide Convention (Bosnia and Herzegovina v. Yugoslavia),
ICJ Reports, 1996
29. Barcelona Traction, Light and Power Company Limited, ICJ Reports 1970.
30. Nottebohm Case, Liechtenstein v. Guatemala ICJ Reports 1955.
31. Anglo-Norwegian Fisheries Case, ICJ Reports, 1951.
32. Corfu Channel Case, ICJ Reports 1949.
33. North Sea Continental Shelf Cases, ICJ Reports, 1969.
34. Continental Shelf (Tunisia/Libyan Arab Jamahriya), ICJ Reports 1982.
35. Continental Shelf (Libyan Arab Jamahiriya/Malta), ICJ Reports, 1985.
36. Maritime Delimitation and Territorial Questions Between Qatar and Bahrain, ICJ
Reports 2001.

NOTE: The above listed cases are not exhaustive and students are required to consult further
relevant cases.

15
 Department of Law
Aligarh Muslim University
[Link].B. (Hons) V Semester
COMPANY LAW
Revised-2018

Corporate form of ownership is the most important form of ownership of

business in contemporary times. Its importance is primarily due to many
distinct advantages it has over other forms of ownership of business. For a
rounded curricular engagement, this paper draws the framework for
discussion on abstract, as well as experiential aspects of company law.
While the emphasis is on basic principles of company law, the modules
cover institutional administration, modern legal and regulatory Indian
regime under Companies Act, 2013.

Unit I: Introduction to Company Law

A. Definition, Nature and other forms of business as distinguished from

company
B. ‘Corporate personality’ and ‘lifting of corporate veil’
C. History of company legislation in India
D. Classification and kinds of company
Unit II: Incorporation of Company

A. Promoter and pre-incorporation contract

B. Memorandum of Association; Doctrine of Ultra Vires
C. Articles of Association; Doctrine of Indoor Management and Doctrine
of Constructive Notice
D. Formation of Company

UNIT III: Company Finance

A. Prospectus
B. Shares
C. Debentures
D. Dividends

16
UNIT IV: Administration and Management

A. Directors: Legal position, kinds, appointment, removal, qualification,

duties, powers
B. Meeting: Kinds and Procedure
C. Oppression and Mismanagement
D. Corporate Social Responsibility

UNIT V: Regulation and Winding up

A. National Company Law Tribunal (NCLT) and National Company Law

Appellate Tribunal (NCLAT)
i. Purpose
ii. Constitutionality
iii. Qualification, selection and removal of President/Chairperson
and Members
B. Securities and Exchange Board of India (SEBI)
i. Objectives and Functions
ii. Power and Investigation
C. Winding Up
i. By Tribunal
ii. Voluntary Winding Up

Statutes and Regulations

1. Companies Act 2013 (as amended from time to time)
2. Rules Framed under Companies Act 2013
3. Companies Act, 1956
4. Securities and Exchange Board of India Act, 1992
5. Securities Contract Regulation Act, 1956

17
Suggested Readings
1. Company Law by Avtar Singh
2. Company Law by Kailash Rai
3. Introduction to Company Law by Karn Gupta
4. Principles of Modern Company Law by Gower & Davies
5. Company Law by R. Keith Yorston and S.R. Brown
6. One Thousand Question and Answers on Company Law by Frank H.
Jones
7. Guide to Companies Act, 2013 by A. Ramaiyya
8. Company Law by Boyle & Bird
9. Company Law by Palmer
10. Mayson, French and Ryan on Company Law
11. 150 Leading Cases Company Law by Chris Shepherd
12. Formation and Incorporation of a Private Company by
Pahwa&Pahwa
13. Principles of Company Law by Nicholas Bourne,
14. Company Law by Pennington.
15. [Link] on The Company Law, by Kamal Gupta
16. Company Law by Charlesworth & Morse.
17. Company Law , The Institute of Company Secretaries of India-
Paper 5
18. [Link]; Corporate Mergers Amalgamations & Takeovers-
Concept, Practice and Procedure
19. [Link]; Corporate Restructuring
20. Ernst & Young, Master Guide to Mergers & Acquisitions in India
– Tax and Regulation

18
 21. ICSI; Handbook on Mergers Amalgamations and Takeovers-
Law and Practice
22. [Link] Weston, Chung, KwangS. and Hoag, Susan E.,Mergers,
Restructuring and Corporate Control
23. Company Law & Practice by K. Majumdar and Dr. G. K.
KapoorTaxman
24. K.R. Sampath, Law and ProcedureFor Mergers, Amalgamations,
Takeovers &Corporate Restructure
25. Len Sealy & Sarah Worthington, Cases and Materials in
Company Law. Oxford University Press
26. Ravi &PulianiMahesh , Manual of Companies Act & Corporate
Laws: Including SEBI Rules, and Regulations.
27. [Link]; Mergers et al- Issues Implications and Case Law
in Corporate Restructuring
28. Sridharan&Pandian; Guide to Takeovers and Mergers
29. T.P. Ghosh, Companies Act 2013
30. Taxmann’s Companies Act 2013

Committee Reports
1. Kumar Mangalam Birla Committee
2. Naresh Chandra Committee
3. N.R. Narayan Murthy Committee
4. J.J. Irani Committee
5. Eradi Committee

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