LL.B. Syllabus Overview 2019
LL.B. Syllabus Overview 2019
(Three Years Course) Syllabus, Approved in 13th Academic Council Meeting held on 30th March 2013 vide Agenda point 4.4
SCHEME OF TEACHING
&
DETAILED SYLLABUS
For
BACHELOR OF LAWS
LL.B.
INDEX
Sr. Course Subject Subject Percentage Page
No. Code of changes No.
made
1 LL.B. Law of Torts Including M.V. Act LL.B. 104 20% 11-12
and Consumer Protection laws
FIRST YEAR
First Semester
Second Semester
SECOND YEAR
Third Semester
Fourth Semester
THIRD YEAR
Fifth Semester
Sixth Semester
LAW OF CONTRACT–I
Sub. Code: LLB 101 L – 4, C – 4.
Objective:
In the society wherein all major ventures are getting corporatised, a law student should
acquaint himself with the knowledge of special contracts apart from equipping himself
with general principles of contract. This law is contained in several legislations apart from
the Indian Contract Act. This course equips the students to better appreciate the legal
services required in a corporate office so that he can enhance his relevance as a lawyer in
society.
Learning Outcomes: - Students graduating with Law of Contract will be able to:
LO1 Identify the relevant legal issues that arise on a given set of facts in the area of
contract law.
LO2 Select and apply a range of approaches to written communication, and apply the
critical thinking required to bring about creative solutions to complex legal problems in
the area of contract law.
LO3 Formulate oral and written arguments in response to a given set of facts.
Unit I:
Definition and essentials of a valid Contract - Definition and essentials of a valid Offer -
Definition and essentials of valid Acceptance - Communication of Offer and Acceptance -
Revocation of Offer and Acceptance through various modes including electronic medium -
Consideration - salient features - Exception to consideration - Doctrine of Privity of Contract
- Exceptions to the privity of contract - Standard form of Contract.
Unit-II :
Capacity of the parties - Effect of Minor's Agreement - Contracts with insane persons and
persons disqualified by law - Concepts of Free Consent - Coercion - Undue influence -
Misrepresentation - Fraud - Mistake - Lawful Object - Immoral agreements and various heads
of public policy - illegal agreements - Uncertain agreements - Wagering agreements -
Contingent contracts - Void and Voidable contracts.
Unit-III:
Discharge of Contracts - By performance - Appropriation of payments - Performance by joint
promisors - Discharge by Novation - Remission - Accord and Satisfaction - Discharge by
impossibility of performance (Doctrine of Frustration) - Discharge by Breach - Anticipatory
Breach - Actual breach.
Unit-IV :
Quasi Contract - Necessaries supplied to a person who is incapable of entering into a contract
- Payment by an interested person - Liability to pay for non-gratuitous acts - Rights of finder
of lost goods - Things delivered by mistake or coercion - Quantum meruit - Remedies for
breach of contract - Kinds of damages - liquidated and unliquidated damages and penalty -
Duty to mitigate.
Unit-V :
Specific Relief - Recovering possession of property - Specific performance of the contract -
Rectification of instruments - Rescission of contracts - Cancellation of instruments -
Declaratory Decrees - Preventive Relief - Injunctions - Generally - Temporary and Perpetual
Suggested Readings:
1. Anson: Law of Contract, Clarendon Press, Oxford, 1998.
2. Krishnan Nair: Law of Contract , [Link]& Co., Hyderabad 1995.
3. G.C.V. Subba Rao: Law of Contract, [Link]& Co., Hyderabad 1995.
4. [Link]: Law of Contract, revised by Dr. Krishnama Chary,
5. S. Gogia& Co.
6. Avtar Singh: Law of Contract , Eastern Book Company, Lucknow, 1998.
Unit-I :
Sources of Hindu Law – Scope and application of Hindu Law – Schools of Hindu Law -
Mitakshara and Dayabhaga Schools – Concept of Joint Family, Coparcenary, Joint Family
Property and Coparcenary Property – Institution of Karta- Powers and Functions of Karta -
Pious Obligation - Partition – Debts and alienation of property.
Unit-II :
Marriage - Definition - Importance of institution of marriage under Hindu Law – Conditions
of Hindu Marriage – Ceremonies and Registration – Monogamy – Polygamy.
Unit-III:
Matrimonial Remedies under the Hindu Marriage Act, 1955 - Restitution of Conjugal Rights
– Nullity of marriage – Judicial separation – Divorce – Maintenance pendente lite –
importance of conciliation.
Unit-IV:
Concept of Adoption - Law of Maintenance - Law of Guardianship - Hindu Adoption and
Maintenance Act, 1956 – Hindu Minority and Guardianship Act 1956.
Unit-V :
Succession – Intestate succession – Succession to the property of Hindu Male and Female;
Dwelling House – Hindu Succession Act, 1956 as amended by the Hindu Succession (Andhra
Pradesh Amendment) Act, 1986 & the Hindu Succession (Amendment) Act, 2005 – Notional
Partition – Classes of heirs – Enlargement of limited estate of women into their absolute
estate.
Suggested Readings:
1. Paras Diwan : Modern Hindu Law, 13th Edition 2000, Allahabad Agency, Delhi.
2. Paras Diwan: Family Law, 1994 Edition, Allahabad Agency, Delhi.
3. Mayne: Hindu Law - Customs and Usages , Bharat Law House, New Delhi.
4. Sharaf: Law of Marriage and Divorce , 1999.
Constitutional Law - I
Sub. Code: LLB 103 L – 4, C – 4.
Objective: The objective of this paper is to provide understanding of basic concepts of Indian
Constitution and various organs created by the constitution including their functions.
Learning Outcome:
LO1 To create and set up a basic philosophical tenet of Indian Constitutional Law
LO2 To instill not just a bare understanding of but a perspective on constitutional
developments in Indian Constitutional Law.
LO3 To understand the system of Government and the fundamental principles governing
its
organization.
LO4 To understand the detailed analysis of fundamental freedoms guaranteed under the
Indian
Constitution.
Unit-I
Unit-II
Nature and Salient Features of Indian Constitution - Preamble to Indian Constitution - Union
and its Territories-Citizenship - General Principles relating to Fundamental Rights(Art.13) -
Definition of State
Unit-III
Unit-IV
Rights against Exploitation - Right to Freedom of Religion - Cultural and Educational Rights
- Right to Constitutional Remedies - Limitations on Fundamental Rights(Art.31-A,B and C)
Unit-V
Suggested Readings:
1. [Link], Indian Constitutional Law, Wadhwa& Co, Nagpur
2. [Link], Constitution of India, Eastern Book Compamy, Lucknow
3. Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
4. [Link], Constitutional Law of India (in 3 Volumes), [Link], Bombay
5. [Link] Rao, Indian Constitutional Law, [Link]& Co., Hyderabad
6. [Link] Rao: Framing of India’s Constitution (in 5 Volumes), Indian Institute of
i. Public Administration, New Delhi
7. [Link], Constitutional Law of India, Central Law Agency, Allahabad
Objective:
⚫ The objective of this course is to learn the nature of torts, basic and general principles of
torts, various specific torts, nuisance – negligence, liability under law of torts inter alia.
⚫ To study the principles of Tortuous liability. The capacity of parties to sue and be sued
and matters connection there with. To study and evaluate the specific torts against the
individual and property.
Learning Outcome:
Students graduating with Law of Torts included. M.V. Act and consumer Protection Law will
be able to:
⚫ To study the principles of Tortuous liability, The defenses available in an action for torts,
the capacity of parties to sue and be sued and matters connection there with.
⚫ To study and evaluate the specific torts against the individual and property. With rapid
industrialization, inadequacy of the law to protect the individual is exposed.
⚫ The students should reflect on the alternative forms, and also the remedies provided
under the Consumer Protection Act, 1986.
Unit-I :
Nature of Law of Torts - Definition of Tort - Elements of Tort - Development of Law of
Torts in England and India - Wrongful Act and Legal Damage - Damnum Sine Injuria and
Injuria Sine Damnum - Tort distinguished from Crime and Breach of Contract - General
Principles of Liability in Torts - Fault - Wrongful intent - Malice - Negligence - Liability
without fault - Statutory liability - Parties to proceedings.
Unit-II
General Defences to an action in Torts – Vicarious Liability - Liability of the State for Torts
– Defence of Sovereign Immunity – Joint Liability – Liability of Joint Torfeasors – Rule of
Strict Liability (Rylands V Fletcher) – Rule of Absolute Liability (MC Mehta vs. Union of
India) – Occupiers liability – Extinction of liability – Waiver and Acquiescence – Release –
Accord and Satisfaction - Death.
Unit-III
Specific Torts - Torts affecting the person - Assault - Battery - False Imprisonment -
Malicious Prosecution - Nervous Shock - Torts affecting Immovable Property - Trespass to
land - Nuisance - Public Nuisance and Private Nuisance - Torts relating to movable property
– Liability arising out of accidents (Relevant provisions of the Motor Vehicles Act).
Unit-IV
Defamation - Negligence - Torts against Business Relations - Injurious falsehood - Negligent
Misstatement - Passing off - Conspiracy - Torts affecting family relations - Remedies -
Judicial and Extra-judicial Remedies – Damages – Kinds of Damages – Assessment of
Damages – Remoteness of damage - Injunctions - Death in relation to tort -
Actiopersonalismoritur cum persona.
Suggested Readings:
1. Winfield &Jolowicz : Law of Tort, XII edition, Sweet and Maxwell, London ,
1984.
2. Salmond and Heuston : Law of Torts, XX edition, 2nd Indian reprint,
Universal Book traders, New Delhi,1994.
3. RamaswamyIyer: The Law of Torts, VII edition (Bombay, 1995).
4. Achutan Pillai: Law of Tort, VIII edition , Eastern Book Company, Luncknow,
1987.
5. Durga Das Basu: The Law of Torts ,X edition, Prentice Hall of India, New
Delhi, 1998.
6. RatanLal&Dhirajlal: The Law of Torts, 22nd edition, Wadhwa& Company
Nagpur, 1992.
7. [Link]: Law of Torts, XIV edition, Allahabad Law Agency, Allahabad,
1999.
8. [Link]: Law of Torts, 1st edition Central Law Publications, Allahabad,
1999.
9. Vivienne Harpwood: Law of Torts, 1st edition, Cavandish Publishing Ltd.
London, 1993.
10. Hepple& Mathews: Tort - Cases and Materials , 2nd edition
11. Butterworth, London, 1980.
12. [Link]: Law of Consumer Protection in India, Tripathi, Bombay
13. The Motor Vehicles Act, 1988
Environmental Laws
Sub. Code: LLB 105 L – 4, C – 4.
Objective:
Environmental problems have attained alarming proportions It is essential to sensitize the
students to environmental issues and the laws. The important principles in the field like
intergeneration equity, carrying capacity, sustainable development and precautionary,
polluter pays principles are to be appreciated. The law in practice is to be analyzed and
evaluated The course is designed towards these objectives
Course Outcome
LO1 Students will be able to get basic knowledge of environment, pollution and various
principles.
LO2 Students will be able to get the knowledge about Constitutional provisions for the
protection of environment.
LO3 Students will learn about the legal provisions of the water pollution.
LO4 Students will also learn about the air pollution.
LO5 Students will get the knowledge about the Environment (protection) Act, powers of
central government and state government to make laws and Environment Tribunals.
Unit-I
The meaning and definition of environment – Ecology - Ecosystems-Biosphere - Biomes -
Ozone depletion - Global Warning - Climatic changes - Need for the preservation,
conservation and protection of environment - Ancient Indian approach to environment-
Environmental degradation and pollution - Kinds, causes and effects of pollution.
Unit-II
Common Law remedies against pollution - trespass, negligence, and theories of Strict
Liability & Absolute Liability - Relevant provisions of I.P.C. and Cr.P.C. and C.P.C., for the
abatement of public nuisance in pollution cases - Remedies under Specific Relief Act -
Reliefs against smoke and noise - Noise Pollution.
Unit-III
The law relating to the preservation, conservation and protection of forests, wild life and
endangered species, marine life, coastal ecosystems and lakes etc. - Prevention of cruelty
towards animals - The law relating to prevention and control of water pollution - Air
Pollution - Environment pollution control mechanism - Law relating to environment
protection – National Environmental Tribunal and National Environmental Appellate
Authority- BIO-DIVERSITY-Legal control, Convention on Biological Diversity, 1992,
Biodiversity Act, 2002 Control of eco-unfriendly experimentation on animals, plants, seeds
and micro organism.
Unit-IV:
Art. 48A and Art. 51A(g) of the Constitution of India - Constitutional making - development
and property-oriented approach, Directive principles, Status, role and interrelationship with
fundamental rights and fundamental duties, Fundamental Duty, Judicial approach,
Fundamental Rights, Rights to clean and healthy environment, Environment v. Development-
Right to wholesome environment - Right to development - Restriction on freedom of trade,
profession, occupation for the protection of environment - Immunity of Environment
legislation from judicial scrutiny(Art.31C) - Legislative powers of the Centre and State
Government - Writ jurisdiction - Role of Indian Judiciary in the evolution of environmental
jurisprudence.
Unit-V
International Environmental Regime - Transactional Pollution - State Liability - Customary
International Law - Liability of Multinational Corporations/Companies - Stockholm
Declaration on Human Environment, 1972 - The role of UNEP for the protection of
environment - Ramsar Convention 1971 – Bonn Convention (Migratory Birds) 1992 -
Nairobi Convention, 1982 (CFCC) - Biodiversity Convention (Earth Summit), 1992 - Kyoto
Protocol 1997, Johannesburg Convention 2002.
Suggested Readings:
1. Paras Diwan: Studies on Environmental Cases.
2. S.N. Jain (ed.): Pollution Control and the Law.
3. Armin RosencranzandShyam Divan: Environmental Law and Policy in India.
4. [Link] (ed.): Legal Control of Environmental Pollution
5. Chetan Singh Mehta: Environmental Protection and Law
6. V.K. Krishna Iyer: Environment Pollution and Law
7. Shah : Environmental Law
8. Paras Diwan : Environmental Law and Policy in India,1991
9. Dr. N. MaheshwaraSwamy, Environmental Law, Asia Law House,Hyderabad.
Law of Contract - II
Sub. Code: LLB 201 L – 4, C – 4.
Objective:
In the society wherein all major ventures are getting corporatised, a law student should
acquaint himself with the knowledge of special contracts apart from equipping himself
with general principles of contract. This law is contained in several legislations apart
from the Indian Contract Act. This course equips the students to better appreciate the
legal services required in a corporate office so that he can enhance his relevance as a lawyer
in society.
Learning Outcomes: - Students graduating with Law of Contract will be able to:
LO1 Identify the relevant legal issues that arise on a given set of facts in the area of contract
law.
LO2 Select and apply a range of approaches to written communication, and apply the critical
thinking required to bring about creative solutions to complex legal problems in the area of
contract law.
LO3 Formulate oral and written arguments in response to a given set of facts.
Unit-I :
Indemnity and Guarantee - Contract of Indemnity, definition - Rights of Indemnity holder -
Liability of the indemnified - Contract of Guarantee - Definition of Guarantee - Essential
characteristics of Contract of Guarantee - Distinction between Indemnity and Guarantee -
Kinds of Guarantee - Rights and liabilities of Surety - Discharge of surety. Contract of
Bailment - Definition of bailment - Essential requisites of bailment - Kinds of bailment -
Rights and duties of bailor and bailee - Termination of bailment - Pledge - Definition of
pledge - Rights and duties of Pawnor and Pawnee - Pledge by non-owner.
Unit-II:
Contract of Agency - Definition of Agent - Creation of Agency - Rights and duties of Agent -
Delegation of authority - Personal liability of agent - Relations of principal and agent with
third parties - Termination of Agency.
Unit-III:
Contract of Sale of Goods - Formation of contract - Subject matter of sale - Conditions and
Warranties - Express and implied conditions and warranties - Pricing - Caveat Emptor.
Unit-IV :
Property - Possession and Rules relating to passing of property - Sale by non-owner -
Nemodat quad non habet - Delivery of goods - Rights and duties of seller and buyer before
and after sale - Rights of unpaid seller - Remedies for breach.
Unit-V :
Contract of Partnership - Definition and nature of partnership - Formation of partnership-
Test of partnership - Partnership and other associations - Registration of firm - Effect of non-
registration - Relations of partners - Rights and duties of partners - Property of firm - Relation
of partners to third parties - Implied authority of partners - Kinds of partners - Minor as
partner - Reconstitution of firm - Dissolution of firm.
Suggested Readings:
Objective:
India being a secular country with diverse religions protects the individual freedom to profess
a religion as constitutional guarantee. Indian community comprises of different religions such
as Hinduism, Islam, and Christianity etc. In personal matters every Indian is governed by his
personal law. There is nothing like uniform law in personal matters like marriage, divorce,
adoption, succession etc. these matters are governed by the personal law of the parties.
Learning Outcome: The course’s main objective is to introduce core issues related to the
Islamic law.
LO1 Herein we focus on the legal sources and the areas of development of interpretation
methodologies used by the Sunni and Shia schools of jurisprudence in premodern and
modern periods.
LO2 After the completion of the course the student is expected to proficiently: Discuss the
development and spread of each school of jurisprudence. Identify the variety of methods of
interpretation of the basic sources of law used by each school of jurisprudence.
Unit-I :
Origin and development of Muslim Law - Sources of Muslim Law - Schools of Muslim Law
- Difference between the Sunni and Shia Schools – Sub-schools of Sunni Law - Operation
and application of Muslim Law - Conversion to Islam - Effects of conversion - Law of
Marriage, nature of Muslim Marriage - Essential requirements of valid Marriage - Kinds of
Marriages - distinction between void, irregular and valid marriage - Dower (Mahr) - Origin,
nature and importance of dower, object of dower and classification of dower.
Unit-II:
Divorce - Classification of divorce - different modes of Talaq - Legal consequences of
divorce - Dissolution of Muslim Marriage Act, 1939 - Maintenance, Principles of
maintenance, Persons entitled to maintenance - The Muslim Women (Protection of Rights on
Divorce) Act, 1986 - Effect of conversion on maintenance and difference between Shia and
Sunni Law.
Unit-III:
Parentage - Maternity and Paternity - Legitimacy and acknowledgment - Guardianship -
Meaning - Kinds of guardianship - Removal of guardian - Difference between Shia and
Sunni Law. Gift - Definition of Gift - Requisites of valid gift - Gift formalities - Revocation
of gift - Kinds of gift. Wills - Meaning of Will - Requisites of valid Will - Revocation of Will
- Distinction between Will and Gift - Difference between Shia and Sunni Law.
Unit-IV :
Waqf _ Definition - Essentials of Waqf - Kinds of Waqf – Creation of Waqf - - Revocation
of Waqf - Salient features of the Waqf Act, 1995 – Mutawalli - Who can be Mutawalli -
Powers and duties of Mutawalli - Removal of Mutawalli and Management of Waqf property.
Succession - Application of the property of a deceased Muslim - Legal position of heirs as
representatives - Administration - Waqf Tribunals and Jurisdiction.
Unit-V :
Special Marriage Act, 1954 - Salient features of Indian Divorce Act, 1869 - Domicile -
Maintenance to dependents/ Spouses - Intestate succession of Christians under the Indian
Succession Act, 1925.
Suggested Readings:
1. Tahir Mahmood: The Muslim Law of India, 1980, Law Book Company,
1. Allahabad.
2. Aquil Ahmed: Text Book of Mohammadan Law, 5th Edition 1992, Central
Law Agency, Allahabad.
3. Prof. G.C.V. Subba Rao: Family Law in India, 6th Edition, 1993, [Link]&
Company, Hyderabad.
4. [Link]: Outlines of Mohammadan Law, 4th Edition, 1999, Oxford
University Press, Delhi.
Constitutional Law – II
Sub. Code: LLB 203 L – 4, C – 4.
Objective: The objective of this paper is to provide understanding of basic concepts of Indian
Constitution and various organs created by the constitution including their functions.
Learning Outcome:
LO1 To create and set up a basic philosophical tenet of Indian Constitutional Law
LO2 To instill not just a bare understanding of but a perspective on constitutional
developments in Indian Constitutional Law.
LO3 To understand the system of Government and the fundamental principles governing its
organization.
LO4 To understand the detailed analysis of fundamental freedoms guaranteed under the
Indian Constitution.
Unit-I
Legislature under Indian Constitution - Union and State Legislatures - Composition, Powers,
Functions and Privileges - Anti-Defection Law - Executive under Indian Constitution -
President and Union Council of Ministers - Governor and State Council of Ministers - Powers
and position of President and Governor
Unit-II
Judiciary under Constitution - Supreme Court - Appointment of Judges, Powers and
Jurisdiction - High Courts - Appointment and Transfer of Judges - Powers and Jurisdiction -
Subordinate Judiciary - Independence of judiciary - Judicial Accountability- Prerogative
Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ
Jurisdictions of Supreme Court and High Courts.
Unit-III
Unit-IV
Liability of State in Torts and Contracts - Freedom of Interstate Trade, Commerce and Inter
course - Services under the State - All India Services - Public Service Commissions- Election
commission – Composition, Powers and Functions, Role of EC in the Superintendence of
Elections, Anti-defection Law, Representation of Peoples Act, 1951.
Unit-V
Suggested Readings:
1. [Link], Indian Constitutional Law, Wadhwa& Co, Nagpur
2. [Link], Constitution of India, Eastern Book Company, Lucknow
LAW OF CRIMES
Sub. Code: LLB 204 L – 4, C – 4.
Objective:
The objective of this Act is to provide a general Penal Code for India. Though this Code
consolidates the whole of the law on the subject and is exhaustive on the matters in respect of
which it declares the law, many more penal statutes governing various offences have been
created in addition to this code.
Learning Outcome:
LO1 Understand and describe areas of criminal justice, law and society through a critical
analysis of the subject
LO2 Analyze lacunas within the criminal justice system and suggest the amendments have to
make to provide the justice according to the changing needs of the society.
LO3 Summarize the process of judicial review and identify criteria used by courts to evaluate
the constitutionality of criminal law of India.
Unit-I:
Concept of crime - Definition and meaning of crime - Distinction between crime and tort -
Stages of crime - Intention, Preparation, Attempt and Commission of Crime - Elements of
Crime - Actus Reus and Mensrea - Codification of Law of Crimes in India - Application of
the Indian Penal Code - Territorial and Extra Territorial application - General Explanations -
Punishments.
Unit-II:
General exceptions - Abetment - Criminal Conspiracy - Offences against theState - Offences
against public peace and Tranquility.
Unit-III:
Offences affecting human body (offences affecting human life) Culpable Homicide and
Murder – Hurt and Grievous Hurt - Wrongful restraint and Wrongful confinement - Criminal
force and Assault - Kidnapping and abduction - Sexual offences - Unnatural offences.
Unit-IV:
Offences affecting the public health, safety, convenience, decency and morals - Offences
against Property - Theft - Extortion - Robbery & Dacoity - Cheating - Mischief - Criminal
Trespass – Criminal misappropriation and Criminal breach of trust.
Unit-V :
Offences by or relating to public servants - False Evidence and Offences against Public
Justice - Offences relating to documents - Offences relating to Marriage - Cruelty by husband
and relatives of husband - Defamation.
Suggested Readings:
1. RatanLal and DhirajLal: Indian Penal Code, Wadhwa& Co., 2000.
2. Achutan Pillai: Criminal Law, Butterworth Co., 2000.
3. Gour K.D.: Criminal Law - Cases and Materials, Butterworth Co., 1999.
4. Kenny's: Outlines of Criminal Law, (1998 Edition)
LAW OF EVIDENCE
Sub. Code: LLB 205 L – 4, C – 4.
Objective:
Sir James Fitzjames Stephen (1829-1894) played a significant part in drafting Indian
Evidence Act, 1872. He was a student of Bentham and Austin as well as a judge. His aim was
to adopt and to codify English Law of Evidence with some modifications necessary for the
peculiar circumstances of India. The Indian Evidence Act was intended to be the complete
code of evidence for India. The ultimate aim of producing evidence is to facilitate the judge
to arrive at a rational conclusion with respect to the matters disputed before him. For this,
Indian Evidence Act has within its fold four fundamental principles best evidence, relevancy,
admissibility and appreciation.
Learning Outcome:
LO1 It is designed to familiarise students with the basic terms of law of evidence.
LO2 It acquaints students with the concept of relevancy of facts.
LO3 It deals with admissions and confessions and their relevance in proving a case.
LO4 It deals with the proof of facts on evidence of persons who cannot be called to court to
give evidence.
LO5 It is to make the students understand the relevance of judgements and orders of courts in
other cases to prove facts in the current case. Unit 6 clarifies the circumstances in which
character can be proved.
Unit-I:
The Indian Evidence Act, 1872 — Salient features of the Act – Meaning and kinds of
Evidence —Interpretation clause — May Presume, Shall presume and Conclusive proof -
Fact, Fact in issue and Relevant facts —Distinction between Relevancy and Admissibility -
Doctrine of Res Gestae — Motive, preparation and conduct — Conspiracy —When Facts not
otherwise relevant become relevant — Right and custom — Facts showing the state of mind
etc.
Unit-II :
Admissions & Confessions: General Principles concerning Admissions — Differences
between "Admission" and "Confession" — Confessions obtained by inducement , threat or
promise – Confessions made to police officer - Statement made in the custody of a police
officer leading to the discovery of incriminating material — Admissibility of Confessions
made by one accused person against co-accused.
Dying Declarations and their evidentiary value — Other Statements by persons who
cannot be called as Witnesses — Admissibility of evidence of witnesses in previous judicial
proceedings in subsequent judicial proceedings.
Unit-III :
Relevancy of Judgments — Opinion of witnesses — Expert's opinion — Opinion on
Relationship especially proof of marriage — Facts which need not be proved — Oral and
Documentary Evidence - General Principles concerning oral evidence and documentary
evidence — Primary and Secondary evidence — Modes of proof of execution of documents
— Presumptions as to documents — General Principles regarding Exclusion of Oral by
Documentary Evidence.
Unit-IV:
Unit-V :
Competency to testify — Privileged communications - Testimony of Accomplice —
Examination in Chief, Cross examination and Re-examination — Leading questions —
Lawful questions in cross examination — Compulsion to answer questions put to witness —
Hostile witness — Impeaching the credit of witness — Refreshing memory — Questions of
corroboration — Improper admission and rejection of evidence.
Suggested Readings:
1. BatukLal: The Law of Evidence, 13th Edition, Central Law Agency, Allahabad, 1998.
2. M. Munir: Principles and Digest of the Law of Evidence, 10th Edition (in 2 vols),
Universal Book Agency, Allahabad, 1994.
3. Vepa P. Saradhi: Law of Evidence 4th Edn. Eastern Book Co., Lucknow, 1989.
4. Avtar Singh: Principles of the Law of Evidence, 11th Edn. Central Law Publications.
5. V. Krishnama Chary: The Law of Evidence, 4th Edn. [Link]& Company,
Hyderabad.
Jurisprudence
Sub. Code: LLB 301 L – 4, C – 4.
Objective: Jurisprudence in its etymological sense means the science of law. It is the
foundation on which the entire edifice of law is structured. It is therefore imperative to have
a clear understanding of jurisprudence as it is sine qua non for the study of any law subject.
The subject acquaints the students with the complexities of laws and introduces them to the
means of solving them based on sound jurisprudential principles. In spite of there being
several schools of thought on this subject, there is a general convergence of the fundamental
principles. The study of jurisprudence aids the lawyer in the analysis of legal concepts,
sharpens his technique of logical thinking and aids in understanding the assumptions upon
which a statute rests. It transcends technical aspects and moves more in the realm of law as a
tool for social engineering. As J.G. Phillimore observes, “such is the exalted science of
jurisprudence, the knowledge of which sends the students into civil life full of luminous
precepts and notions, applicable to every exigency of human affairs.”
Unit-I:
Meaning and Definition of Jurisprudence — General and Particular Jurisprudence - Elements
of Ancient Indian Jurisprudence — Schools of Jurisprudence — Analytical, Historical,
Philosophical and Sociological Schools of Jurisprudence. Theories of Law — Meaning and
Definition of Law — The Nature and Function of Law — The Purpose of Law — The
Classification of Law — Equity, Law and Justice — Theory of Sovereignty.
Unit-II :
Sources of Law — Legal and Historical Sources — Legislation - Definition of legislation -
Classification of legislation- Supreme and Subordinate Legislation - Direct and Indirect
Legislation - Principles of Statutory Interpretation. Precedent — Definition of Precedent —
Kinds of Precedent — Stare Decisis — Original and Declaratory Precedents — Authoritative
and Persuasive Precedents. Custom – Definition of Custom – Kinds of Custom – General and
Local Custom – Custom and Prescription - Requisites of a valid custom - Relative merits
and demerits of Legislation , Precedent and Custom as a source of Law . Codification —
Advantages and disadvantages of codification.
Unit-III:
Persons — Nature of personality — Legal Status of Lower Animals, Dead Persons and
Unborn persons — Legal Persons — Corporations — Purpose of Incorporation — Nature of
Corporate Personality - Rights and Duties — Definition of Right — Classification of Rights
and Duties — Absolute and Relative Rights and Duties — Rights and Cognate concepts like
Liberty, Power, Immunity, Privilege etc.
Unit-IV :
Obligation — Nature of Obligation — Obligation arising out of Contract, Quasi Contract,
trust and breach of obligation etc. — Liability — Nature and kinds of liability — Acts —
Mens Rea — Intention and Motive — Relevance of Motive — Negligence — Strict Liability
— Accident — Vicarious Liability — Measure of Civil and Criminal Liability.
Unit-V:
Ownership — Definition and kinds of Ownership - Possession — Elements of Possession -
Relation between Ownership and Possession — Possessory Remedies — Property —
Meaning — Kinds of Property — Modes of Acquisition of Property — Legal Sanctions -
Meaning of Sanction — Classification of Sanctions — Civil and Criminal Justice — Concept
of Justice — Theories regarding purpose of Criminal Justice — Deterrent, Preventive,
Reformative and Retributive theories.
Suggested Readings:
1. Salmond: Jurisprudence, Universal Publishers 12th Edn. 1966.
2. Rama Jois, Legal and Constitutional History of India, Universal Law
Publications, Delhi.
3. N.V. Pranjape – Jurisprudence
4. S.R. Dhyeni - Jurisprudence
LAW OF PROPERTY
Sub. Code: LLB 302 L – 4, C – 4.
Objective: The focus of this course in on the study of the concept of ‘Property’, the ‘nature
of property rights’ and the general principles governing the transfer of property. A detailed
study of the substantive law relating to particular transfers, such as sale, mortgage, lease,
exchange, gift and actionable claims will also be undertaken. The course is designed to
enable the readers to understand the basic philosophy of property law and its nuances. It
introduces them to the modes of transfer and their ramifications.
Learning Outcome:
LO1 On completion the students will be able to analyse the various terms that appears in the
enactment so as to understand the objective of this Act better as well as for better
understanding.
LO2 It will help the students to understand certain basic principles underlying any kind of
transfers. The module also deals with certain cardinal principles which has to be followed
regarding transfer. Election is an important concept of Transfer where the non-owner of the
property gives an option to the owner of the property to exchange his property for a benefit
which is a peculiar rule as only the owners have the right sell their property. The next module
throws light on transfer for certain purposes and by certain owners.
LO3 The fifth module deals with specific type of transfer that is through Sale and exchange.
The students will know the rights and duties of the seller and the buyer before and after
sale. On completion of the sixth module students will be able to describe the different types
of mortgage and their essentials, remedies available to the parties. On completion of the
students will be able to explain the essentials of lease and distinguish it from licence. They
will be able to tell the rights and duties of the parties.
Unit-I:
Meaning and concept of property — Kinds of property — Transfer of property —
Transferable and non-transferable property — Who can transfer — Operation of transfer —
Mode of transfer — Conditional transfer — Void and unlawful conditions — Condition
precedent and condition subsequent — Vested and contingent interest — Transfer to unborn
person
Unit-II:
Doctrine of Election — Covenants — Transfer by ostensible owner — Doctrine of Feeding
the Grant by Estoppel — Doctrine of Lis Pendens — Fraudulent Transfer — Doctrine of
Part-performance.
Unit-III:
Sale - Essential features — Mode of Sale — Rights and liabilities of parties. Mortgage -
Kinds of Mortgages - Rights and liabilities of mortgagor and mortgagee — Marshalling and
Contribution — Charges.
Unit-IV:
Lease — Essential features — Kinds of leases — Rights and liabilities of lessor and lessee —
Termination of lease — forfeiture — Exchange — Gifts — Different types of gifts —
Registration of Gifts — Transfer of Actionable Claims.
Unit-V:
Suggested Readings:
1. Mulla : Transfer of Property, Butterworths Publications.
2. Subba Rao GCV: Commentaries on the Transfer of Property Act.
3. Krishna Menon: Law of Property.
4. Upadhya'sCommon Matrix of Transfer of Property.
ADMINISTRATIVE LAW
Sub. Code: LLB 303 L – 4, C – 4.
Objective
One of the perennial problems of the civilized society is to control the exercise of public
power. Administrative Law is concerned with controlling the misuse of public power, by
laying down general norms of administrative behavior. This course will deal with the nature,
scope and functions of Administrative Law, the nature and control of delegated legislative
power, regulation of discretionary powers and general principles of Administrative
adjudication. This course further deals with the role played by courts in the development of
Administrative Law. The Focus is on their role in protecting the rights of individuals against
abuse of administration. In addition adjudicatory powers of the administration and liability of
administrative authorities are also studied in this course.
Course Outcome
LO1 It is the introductory module which seeks to introduce students to the fundamental
concepts and doctrines and relationship between constitutional law and administrative law.
LO2 It acquaints students with the delegated legislation and quasi legislation and distinguish
between them.
LO3 It deals with natural justice and its components and the effect of failure of natural
justice.
LO4 It acquaints students with discretionary functions and the judicial review of the same.
deals with judicial review of administrative actions.
Unit-I:
Movement from Laissez-faire to a Social Welfare State. Nature, Scope and Development of
Administrative Law. . Droit Administratif.
Nature and scope of Administrative Law — Meaning, Definition and Evolution of
Administrative Law—Reasons for the growth of Administrative Law — Relationship
between Administrative Law and Constitutional Law.
Unit-II:
Basic concepts of Administrative Law — Rule of Law — Interpretation of Dicey's Principle
of Rule of Law — Modern trends - Theory of Separation of Powers — Position in India, UK
and USA
Unit-III:
Classification of Administrative functions — Legislative, Quasi-judicial, Administrative and
Ministerial functions — Delegated Legislation — Meaning, Reasons for the growth and
Classification of delegated legislation, constitutionality of delegated
Legislation; Retrospective delegated legislation — Judicial and Legislative Control of
Delegated litigation.
Unit-IV:
Judicial Control of Administrative Action - Grounds of Judicial Control — Principles of
Natural Justice- Rule against bias and right of fair hearing, Audi Alteram Partem, Reasoned
decisions. Administrative discretion and its control.
Nature of Tribunals- Constitution, Powers, Procedures, Rules of evidence, Administrative
Tribunals, Institutional Decisions
Unit-V:
Remedies available against the State — Writs — Ombudsman : its origin, developments,
nature and purpose; Lokpal and Lok Ayukta — Liability of the State in Torts and Contracts
— Rule of Promissory Estoppel —Administrative Tribunals - Commissions of Inquiry —
Public Corporations- their nature, liability, constitutionality and controls of statutory. Central
Vigilance Commission, legitimate expectation;
Suggested Readings:
1. Griffith and Street: Principles of Administrative Law.
2. [Link]: Administrative Law, Oxford Publications, 8th Edn. 2000, London.
3. De Smith: Judicial Review of Administrative Action, Sweet and Maxwell, 1998.
4. S.P. Sathe: Administrative Law, Butterworths, 6th Edn. 1998.
5. [Link]: Administrative Law, Eastern Book Company, 5th Edn. 2001.
Company Law
Sub. Code: LLB 304 L – 4, C – 4.
Objective: The purpose of this course is to study the fundamental Concepts central to
Company Law, with an overview of the History and Evolution of the Modern day
developments in Company law.
Learning Objective:
⚫ On completion of the first module students will be able to appreciate the importance of
business associations, history and regulatory framework relating to the same.
⚫ On completion of the second module students will students will get clarity about
jurisprudential aspects of ‘company’ and classification of companies.
⚫ On completion of the third module the process of formation of different kinds of
companies and commencement of business will be made clear to the students.
⚫ On completion of the fourth module students will come to know about the law and
procedure relating to the basic documents for a company, obligations arising out of these
documents.
⚫ On completion of the fifth module Students will get an understanding of about the ultra
vires actions, consequences and remedies available to the companies and their agents.
UNIT II: Memorandum of Association, alteration and the doctrine of ultra vires Articles of
Association, binding nature, alteration, relation with memorandum of Association, Doctrine
of Constructive Notice and Indoor Management-exceptions
UNIT III: Capital Formation of Regulation Prospectus: Issues, contents, kinds, liabilities for
misstatement, statement in lieu of prospectus The nature and classification of company
securities Shares and general principles of allotment Statutory share certificate, its objects
and effects Transfer of shares, restriction of transfer, relationship between transferor and
transferee, issue of share at premium, role of public finance institutions Share Capital,
reduction of share capital Conversion of loans debentures into capital Duties of court to
protect interests of creditors and shareholders
Rules of issuance of shares, Call on shares, Buy-back of shares, Transfer and transmission of
shares. Share certificate, Share warrant Forfeiture and surrender of shares Dividends-
Payment-Capitalization and Profit. Debentures, stock, bonds, kinds, remedies of debenture
holders, Debenture trust deed and trustees
UNIT IV: Corporate Administrative Directors: Kinds, Powers and Duties Role of nominee
Directors, Managing Director and other managerial personnel. Legal position of director,
Member: Mode of acquiring membership; who can be a member; cessation of membership;
registration of members,
Requisites of Valid Meeting, procedure relating to convening and proceeding of general and,
other meeting .– notice, quorum, mode of voting, proxy.
Division of powers between Board and Shareholders; monitoring and management.
Law relating to majority powers and minority rights.
Prevention of Oppression and Mismanagement - Rule in Foss v/s Harbottle (1843)
Suggested Readings:
1. Shah : Lectures on Company Law, [Link], Bombay.
2. Avtar Sing : Company Law, Eastern Book Company, 13th Edn. 2001.
3. Charlesworth: Company Law, Sweet and Maxwell, 1996.
4. Ramaiah: Company Law, Wadhwa& Co. 15th Edn. 2001.
5. Dutta: Company Law, Eastern Law House, Calcutta
LABOUR LAW –I
Sub. Code: LLB 305 L – 4, C – 4.
Objectives :
Today’s labour is engaged in a battle for position of honour and status equal with
management. The law and practice relating to labour is the story of this battle. In this context,
the study of labour law is not to be confined to mastering of the rules and regulations relating
to the employment of the work force. Its wings spread wider. It has its aim on the societal
impulses on, and state reactions to, the complex socio-economic, human and political
problems arising out of the constant conflicts between different classes. The Globalization
and Liberalization has posed many threats to the working condition of labour. The issues of
Human Rights violation and standards of working hours have also affected the development
of the labour
Learning Outcomes
LO1 It is designed to take stock of the jurisprudential facets of labour policy and underscores
the need for industrial peace. It lays stress on the role played by the judiciary, especially in
India.
LO2 It examines the all important aspect of resolution of industrial disputes from different
angles as a means of ensuring industrial harmony.
LO3 It looks into the paramount aspect of standing orders and the pragmatic requirements of
domestic inquiry of workmen for misconduct.
LO4 It is designed to impart the growth of trade unions, collective bargaining process as an
important tool of workers and the rights and immunities of trade unionists.
LO5 It underscores the judicial interpretation of doctrine of the notional extension of
employment with respect to the liability of an employer to pay compensation under
prescribed circumstances.
Unit-I
Evolution of labour laws in India. Trade Unions: History of Trade Union Movement,
Trade unionism - The Trade Union Act 1926 – Definitions - Registration – Rights and
Liabilities of Registered Trade Unions – Immunities .Amalgamation and dissolution of
Unions – Reorganization of Trade Unions. Immunities and privileges, Civil and Criminal
liability of Registered Trade Union. Recognition of trade union, Mode of registration of
trade union. Closed shop and union shop. Workers’ Right to form Union vis a vis Indian
Constitution: the membership of trade union Amalgamation and dissolution of Unions
Unit-II
Prevention and Settlement of Industrial Disputes in India - The role of State in Industrial
Relations – The Industrial Disputes Act 1947 - Definition of industry - Industrial Dispute –
Individual Dispute - workman- Lay off – Retrenchment - Closure -Award - Strike – Lockout
Procedure and Compensation relating to lay-off and retrenchment.
Unit-III
Authorities under the ID Act – Works committee – Conciliation - Court of inquiry - Labour
Courts- Tribunal – Powers and functions of authorities - Voluntary Arbitration - Provisions
under Chapter V-A & V- B of the Act- Alteration of conditions of service – Management
rights of action during pendency of proceedings – Recovery of money due from employer –
Unfair labour practices - miscellaneous provisions of the Act.
The role of State in Industrial Relations, Prevention and Settlement of Industrial Disputes
National Industrial Tribunal- Constitution, powers and functions, Award of Tribunal
Unit-IV
Standing Orders -Concept and Nature of Standing Orders – scope and coverage- Certification
process – its operation and binding effect – Modification and Temporary application of
Model Standing Orders – Interpretation and enforcement of Standing Orders and provisions
contained in the Industrial Employment (Standing Orders) Act 1946.
Unit-V
Disciplinary Proceedings in Industries - Charge sheet – Explanation – Domestic enquiry -
Enquiry officer – Enquiry report – Punishment – Principles of Natural Justice.
Collective Bargaining- Meaning, concept and requisites
Unfair labour practice- meaning and remedies
Suggested Readings:
1. Srivastava: Law of Trade Unions , Eastern Book Company, Lucknow
2. .Goswami : Labour and Industrial Law, Central Law Agency.
3. R.F. Rustomji: Law of Industrial Disputes : Asia Publishing House, Mumbai
4. S.N. Misra : Labour and Industrial Law
5. J.N. Malik : Trade Union Law
6. Khan& Khan : Labour Law , Asia Law House, Hyderabad
7. S.C. Srivastava : Industrial Relations and Labour Law, Vikas Publishing House
LABOUR LAW-II
Sub. Code: LLB 401 L – 4, C – 4.
Objectives:
Today’s labour is engaged in a battle for position of honour and status equal with
management. The law and practice relating to labour is the story of this battle. In this context,
the study of labour law is not to be confined to mastering of the rules and regulations relating
to the employment of the work force. Its wings spread wider. It has its aim on the societal
impulses on, and state reactions to, the complex socio-economic, human and political
problems arising out of the constant conflicts between different classes. The Globalization
and Liberalization has posed many threats to the working condition of labour. The issues of
Human Rights violation and standards of working hours have also affected the development
of the labour
Learning Outcomes
LO1 It is designed to take stock of the jurisprudential facets of labour policy and underscores
the need for industrial peace. It lays stress on the role played by the judiciary, especially in
India.
LO2 It examines the all important aspect of resolution of industrial disputes from different
angles as a means of ensuring industrial harmony.
LO3 It looks into the paramount aspect of standing orders and the pragmatic requirements of
domestic inquiry of workmen for misconduct.
LO4 It is designed to impart the growth of trade unions, collective bargaining process as an
important tool of workers and the rights and immunities of trade unionists.
LO5 It underscores the judicial interpretation of doctrine of the notional extension of
employment with respect to the liability of an employer to pay compensation under
prescribed circumstances.
Unit-I
Employment – Rights and obligation of workers and employers, Role of ILO
The Concept, Importance of Welfare Activities, Constitutional perspectives, Labour
reforms. Constitutional validity of the Minimum wages Act, 1948.
The Remunerative Aspects – Wages – Concepts of wages - Minimum, Fair, Living Wages -
Wage and Industrial Policies - Whitley Commission Recommendations -Provisions of
Payment of Wages Act 1936 - Timely payment of wages - Authorised deductions – Claims -
Minimum Wages Act 1948 - Definitions - Types of wages -Minimum rates of wages -
Procedure for fixing and revising Minimum Wages – Claims -Remedy.
Unit-II
Bonus – concept - Right to claim Bonus – Full Bench formula - Bonus Commission -
Payment of Bonus Act 1965 - Application – Computation of gross profit, available, allocable
surplus - Eligibility of Bonus - Disqualification of Bonus - set on – set off of allocable
surplus- Minimum and Maximum Bonus-Recovery of Bonus.
Unit-III
Employees Security and Welfare aspect - Social Security - Concept and meaning - Social
Insurance - Social Assistance Schemes. Social Security Legislations - Law relating to
Unit-IV
Employees Provident Fund and Miscellaneous Provisions Act 1952 – Contributions -
Schemes under the Act - Benefits. The Maternity Benefit Act 1961 - Definitions-Application
- Benefits. The Payment of Gratuity Act 1972 – Definitions – application - Payment of
gratuity - eligibility – forfeiture – Nomination - Controlling authorities.
Unit-V
The Factories Act 1948 - Concept of “factory”, “manufacturing process”, “workers” and
“occupier”.
Chapters dealing with Health, Safety and Welfare of Labour.- Working hours of adults.
Employment of young person and children.
Annual leave with wages.
Additional provisions regulating employment of women in factory
Child Labour - Rights of child and the Indian Constitution - Salient features of the Child
Labour(Prohibition and Regulation) Act 1986.
Suggested Readings
1. [Link], Labour and Industrial Laws, Central law publication-22nd edition. 2006.
2. N.G. Goswami, Labour and Industrial Laws, Central Law Agency.
3. Khan &Kahan, Labour Law-Asia Law house, Hyderabad
4. K.D. Srivastava, Payment of Bonus Act, Eastern Book Company
5. K.D. Srivastava, Payment of Wages Act
6. K.D. Srivastava, Industrial Employment (Standing Orders) Act 1947
7. [Link], Treatise on Social Security
8. Jidwitesukumar Singh, Labour Economics, Deep& Deep, New Delhi
9. [Link], Factories Law
Objective:
Public International law is the regime of legal rules which primarily seeks to regulate
relations between sovereign states. For example, public international law defines the
minimum standard of treatment which a sovereign state must accord the nationals of another
state on its territory and the responsibility of one state to another for failure to observe the
required standard of treatment. Individuals, to an increasing extent, also are a direct concern
of public international law. Examples of this development include the international criminal
responsibility of individuals for war crimes, crimes against humanity and genocide and the
network of treaties which aspires to define and protect human rights.
Learning Outcome:
LO1 It introduces students to the international law and its basis.
LO2 It deals with the sources of international law.
LO3 It deals with the relationship between international law and municipal law.
LO4 It introduces the students to the concept of state and its attributes.
LO5 It deals with the rules of recognition of states.
Unit-I:
Definition, Nature, Scope and Importance of International Law — Relation of International
Law to Municipal Law — Sources of International Law — Codification.
Unit-II:
State Recognition — State Succession — Responsibility of States for International
delinquencies — State Territory — Modes of acquiring State Territory
Unit-III:
Position of Individual in International Law — Nationality — Extradition — Asylum —
Privileges and Immunities of Diplomatic Envoys — Treaties – Formation of Treaties -
Modes of Consent, Reservation and termination.
Unit-IV:
The Legal Regime of the Seas – Evolution of the Law of the Sea – Freedoms of the High
Seas – Common Heritage of Mankind – United Nations Convention on the Law of the Seas –
Legal Regime of Airspace – Important Conventions relating to Airspace – Paris, Havana,
Warsaw and Chicago Conventions – Five Freedoms of Air – Legal Regime of Outer space –
Important Conventions such as Outer space Treaty, Agreement on Rescue and Return of
Astronauts, Liability Convention, Agreement on Registration of Space objects, Moon Treaty
- Unispace.
Unit-V:
International Organizations — League of Nations and United Nations — International Court
of Justice —International Criminal Court - Specialized agencies of the UN — WHO,
UNESCO, ILO, IMF and WTO.
Suggested Readings:
1. S.K. Kapoor, Public International Law, Central Law Agencies, Allahabad.
2. H.O. Agarwal, International Law and Human Rights, Central Law Publications,
Allahabad.
3. S.K. Verma, An Introduction to Public International Law, Prentice Hall of India.
Interpretation of Statutes
Sub. Code: LLB 403 L – 4, C – 4.
Objective: In the age where legislation dominates the legal landscape, every aspect of legal
practice has been predominated by the interpretation and construction of statutes. Thus,
ability to interpret and understand the operation of legislation has become a skill essential to
give a reasoned opinion to any given legislative provision. Thereby, Interpretation of Statutes
as a subject has become the heart of contemporary law. It can be described as a process
through which the legislative instruments are given meaning, so that they can be understood
and applied accordingly. It has a specific focus on locating and using legislation, aids to
interpretation, and deployment of interpretative techniques. This course will provide an
advanced study of the rules and principles governing statutory interpretation and prepare
students to work in a legal environment dominated by statutes.
Learning Outcome: By the end of the course the students will be able to:
LO1 Demonstrate an understanding of the principles and process of statutory interpretation
LO2 Formulation and development of arguments in support or against given interpretations
LO3 Compare, contrast and reflect on theoretical concepts underlying the interpretation
LO4 Apply a range of legal principles and methods to interpret legal instruments
Unit-I:
Meaning and Definition of Statutes — Classification of Statues — Meaning and Definition of
Interpretation — General Principles of Interpretation — Rules of Construction under the
General Clauses Act, 1897.
Unit-II:
Grammatical Rule of Interpretation — Golden Rule of Interpretation – Rule of Interpretation
to avoid mischief.
Unit-III:
Interpretation of Penal Statutes and Statutes of Taxation — Beneficial Construction —
Construction to avoid conflict with other provisions — Doctrine of Harmonious
Construction.
Unit-IV:
External Aids to Interpretation — Statement of objects of legislation, Legislative debates,
identification of purpose sought to be achieved through legislation — Internal Aids to
Interpretation — Preamble, title, interpretation clause, marginal notes, explanations etc. —
Presumptions.
Unit-V:
Suggested Readings:
1. Vepa P. Sarathi: Interpretation of Statutes, Eastern Book Co, 4th Edition, 1976.
2. Chatterjee: Interpretation of Statutes.
3. G.P. Singh: Principles of Statutory Interpretation, Wadhwa and Company, 8th
Ed., 2001.
Unit I: Introduction
Interpretation Clause, Objects and Clause of UP Zamindari Abolition and Land Reforms Act
1950, Characteristics of Act.
Suggested Reading:
1. MauryaR.R.,Uttar Pradesh Land Laws,Central Law Publications,Allahabad.
2. Singh C.P., Uttar Pradesh Land Laws, Central Law Agency,Allahabad.
Learning Outcomes:
LO1 It seeks to impart the underlying philosophy of IP and the fundamental notions of the
major streams of IP laced with the international regime of IP.
LO2 It is designed to educate the students about, among others, the criteria for patents and
patentee's rights.
LO3 It underscores the need for emphasizing on the conceptual hues of copyright and the
different ways in which it can be transferred.
LO4 It is designed to appreciate, apart from the statutory provisions, the concept of Passing
Off and Trade Secrets.
LO4 It aims at an understanding of the concept of designs and legal issues involved in the
same.
Unit-I:
Meaning, Nature, Classification and protection of Intellectual Property — The main forms of
Intellectual Property — Copyright, Trademarks, Patents, Designs (Industrial and Layout) --
Geographical Indications - Plant Varieties Protection and Biotechnology.
Unit-II:
Introduction to the leading International instruments concerning Intellectual Property Rights
— The Berne Convention — Universal Copyright Convention — The Paris Union — Patent
Co-operation Treaty -- The World Intellectual Property Organization (WIPO) and the
UNEESCO, International Trade Agreements concerning IPR — WTO — TRIPS.
Unit-III :
Select aspects of the Law of Copyright in India — The Copy Right Act, 1957 - Historical
evolution — Meaning of copyright — Copyright in literary, dramatic and musical works,
computer programmes and cinematograph films — Neighbouring rights — Rights of
performers and broadcasters, etc. — Ownership and Assignment of copyright — Author's
special rights — Notion of infringement — Criteria of infringement — Infringement of
copyright in films, literary and dramatic works — Authorities under the Act — Remedies for
infringement of copyright.
Unit-IV:
Intellectual Property in Trademarks and the rationale of their protection - The Trade Marks
Act, 1999 — Definition of Trademarks — Distinction between Trademark and Property
Mark - Registration — Passing off —Infringement of Trademark — Criteria of Infringement
— Remedies. The Designs Act, 2000 — Definition and characteristics of Design — Law in
Unit-V:
Patents — Concept of Patent — Historical overview of the Patents Law in India —
Patentable Inventions — Kinds of Patents — Procedure for obtaining patent — The Patents
Act, 1970 — Rights and obligations of a patentee — Term of patent protection — Use and
exercise of rights — Exclusive Marketing Rights — Right to Secrecy — The notion of
‘abuse’ of patent rights — Infringement of patent rights and remedies available.
Suggested Readings:
1. P. Narayanan: Patent Law, Eastern Law House, 1995.
2. Roy Chowdhary, S.K. & Other: Law of Trademark, Copyrights, Patents and Designs,
Kamal Law House, 1999.
3. Dr. G.B. Reddy, Intellectual Property Rights and the Law 5th Ed. 2005 GogiaLaw
Agency.
4. John Holyoak and Paul Torremans: Intellectual Property Law.
5. B.L. Wadhera: Intellectual Property Law, Universal Publishers, 2nd Ed. 2000.
6. W.R. Cornish: Intellectual Property Law, Universal Publishers, 3rd Ed. 2001.
Objective: Civil Procedure Code is a subject of daily use by the courts and lawyers and a
student cannot afford to have scant knowledge of civil procedure when he goes out to practise
as a lawyer. True that it is through experience one gets expert knowledge of civil procedure.
However, it is necessary to have good grounding in the subject before one enters the
profession. While the substantive law determines the rights of parties, procedural law sets
down the norms for enforcement. Whenever civil rights of persons are affected by action,
judicial decisions will supply the omissions in the law.
Learning Outcome:
LO1 It is designed to make the students conversant with the basic terminology.
LO2 It is to acquaint students with the jurisdiction of civil courts. It is to introduce students
to the rules of pleadings in civil matters.
LO3 It is designed equip students with the knowledge of different stages in a civil proceeding
and the procedure at each of these stages. It is to introduce students to the execution
proceedings.
LO4 It acquaints students with remedies available to a party aggrieved by the order of a
court. It is to make the students aware of some special suits. It introduces students to the
miscellaneous matters such as inter-pleader suits, caveats, inherent powers of the courts,
etc. It is to equip students with the knowledge of the important provisions of Limitation Act.
Unit-I :
Codification of Civil Procedure and Introduction to CPC — Principal features of the Civil
Procedure Code — Suits — Parties to Suit — Framing of Suit —Institution of Suits — Bars
of Suit - Doctrines of Sub Judice and Res Judicata — Place of Suing — Transfer of suits —
Territorial Jurisdiction — ‘Cause of Action’ and Jurisdictional Bars — Summons — Service
of Foreign summons.
Unit-II :
Pleadings — Contents of pleadings — Forms of Pleading — Striking out / Amendment of
Pleadings - Plaint— Essentials of Plaint - Return of Plaint—Rejection of Plaint—Production
and marking of Documents— Written Statement — Counter claim — Set off — Framing of
issues.
Unit-III :
Appearance and Examination of parties & Adjournments — Ex-parte Procedure —
Summoning and Attendance of Witnesses — Examination — Admissions — Production,
Impounding, Return of Documents — Hearing — Affidavit —Judgment and Decree —
Concepts of Judgment, Decree, and Interim Orders and Stay — Injunctions — Appointment
of Receivers and Commissions — Costs -- Execution — Concept of Execution — General
Principles of Execution — Power of Execution — Power of Executing Courts — Procedure
for Execution — Modes of Execution -- Arrest and detention — Attachment and Sale.
Unit-IV:
Suits in Particular Cases — Suits by or against Government — Suits relating to public
matters;— Suits by or against minors, persons with unsound mind, - Suits by indigent
persons -- Interpleader suits — Incidental and supplementary proceedings - Appeals,
Reference, Review and Revision — Appeals from Original Decrees — Appeals from
Appellate Decrees — Appeals from Orders — General Provisions Relating to Appeals.
Unit-V:
Law of Limitation — Concept of Limitation — Object of limitation - General Principles of
Limitation — Extension — Condonation of delay — Sufficient Cause — Computation of
limitation -- Acknowledgment and Part-payment — Legal Disability — Provisions of the
Limitation Act, 1963 (Excluding Schedule)
Suggested Readings:
1. Mulla: Code of Civil Procedure: Tripathi (Abridged Edition), 11th
Edn.(StudentEdition) Edited by P.M. Bakshi, Bombay, 1985.
2. A.N. Saha: Code of Civil Procedure.
3. C.K. Takwani: Civil Procedure, 4th Edn. Eastern Book Co., Lucknow, 1974.
4. B.B. Mitra: Limitation Act, 17th Edn. Eastern Law House, Calcutta, 1974, Allahabad.
5. Sanjiva Row: Limitation Act, 7th Edn. (in 2 Vols), Law Book Co., Allahabad,
6. Sanjiva Row: Code of Civil Procedure, 3rd Edn. (in 4 Vols), Law Book Co.,
Allahabad.
7. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur
Objective:
Law of Criminal Procedure is relevant and vibrant when the same is interpreted in the
background of the preamble of our Constitution which incorporates the vision of justice. The
decisions of our courts interpreting the constitutional vision have the potential to become
vehicles of changes for the better. The course is devised to deal with the basic procedural
aspects with regard to criminal law in action. Indeed, understanding of the same is a must for
any aspiring litigation lawyer, and so it is aimed at satisfying this requirement. A thorough
knowledge of the Code of Criminal Procedure is indispensable for effective implementation
of criminal law.
Learning Outcome:
LO1 It is designed to introduce students to the basic aspects of criminal procedure. It
acquaints students with the ways by which law prevents starvation and vagrancy etc leading
to commission of crimes.
LO2 It teaches students about how the Code has also made provisions for the prevention of
crimes. It is designed to acquaint students with the processing of private complaint. It is
designed to impart knowledge about various aspects of investigation.
LO3 It acquaints students with understaning of various types of arrest, search and seizure
under the CrPC.
LO4 It is to introduce the students to the provisions relating to bail. It acquaints students with
the procedure of charge and conduct of trial. It deals with pronouncement of judgment and
preferring appeal. It deals with process of reference, revision and transfer protect the life and
liberty of the accused.
Unit-I :
The Code of Criminal Procedure, 1973 : The rationale of Criminal Procedure — The
importance of fair trial — Constitutional Perspectives : Articles 14, 20 & 21 — The
organization of Police, Prosecutor and Defence Counsel — Pre-trial Process — Arrest —
Distinction between “cognizable” and “non-cognizable” offences — Steps to ensure presence
of accused at trial -- Warrant and Summons cases — Arrest with and without Warrant —
The absconder status — Rights of arrested persons under Cr.P.C. and Article 22 (2) of the
Constitution of India.
Unit-II:
Search and Seizure — Search with and without warrant — Police search during investigation
— General Principles of Search — Seizure — Constitutional aspects of validity of Search
and Seizure proceedings.
Unit-III :
Trial Process: Commencement of Proceedings — Dismissal of Complaint — Bail, Bailable
and Non-bailable Offences — Cancellation of Bails — Anticipatory Bail — General
Principles concerning Bail Bond — Preliminary pleas to bar trial — Jurisdiction — Time
Limitations — Pleas of Autrefois Acquit and Autrefois Convict — Fair Trial — Concept of
fair trial — Presumption of innocence — Venue of trial —Jurisdiction of Criminal Courts —
Rights of accused -- Constitutional Interpretation of Article 21 as a right to speedy trial —
Charge — Form and content of Charge — Trial before a Court of Session : Procedural steps
and substantive rights.
Unit-IV:
Judgment: Form and content -- Summary trial — Post-conviction orders in lieu of
punishment — Modes of providing judgment copy — appeals, review and revisions.
Unit-V:
Probation and Parole: Authority granting Parole — Supervision — Conditional release --
suspension of sentence — Procedure under Probation of Offenders Act, 1958 -- Salient
features of the Act. Juvenile Justice System -- Juvenile Justice (Care and Protection of
Children) Act of 2000 -- Procedure under Juvenile Justice…Act — Treatment and
Rehabilitation of Juveniles —— Protection of Juvenile Offenders — Legislative and Judicial
Role.
Suggested Readings:
1. Kelkar R.V.: Criminal Procedure, 3rd Edn. Eastern Book Co., Lucknow, 1993.
2. Ratanlal and Dhirajlal: The Code of Criminal Procedure, 15th Edn. Wadhwa& Co.,
3. Padala Rama Reddi: The Code of Criminal Procedure, 1973, Asia Law House,
Hyderabad.
4. Prof. S.N. Misra: The Code of Criminal Procedure, Central Law Agency.
5. M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency.
6. ShoorvirTyage: The Code of Criminal Procedure, Allahabad Law Agency.
Learning Outcome: After completion of this course, student will be able to understand the
Banking structure in India which would assist them in :
LO1 Draft arguments for and against Banking and Non-Banking Financial Companies.
LO2 Undertaking Research Projects related to Banking related law and policies.
LO3 Draft arguments in matters covering technology related legal issues.
LO4 Drafting policies related to banking sector.
Unit-I:
History of the Banking Regulation Act — Salient features — Banking Business and its
importance in modern times.
Unit-II:
Relationship between Banker and Customer — Debtor and Creditor Relationship —
Fiduciary Relationship — Trustee and Beneficiary — Principal and Agent — Bail and Bailee
— Guarantor, etc.
Unit-III:
Cheques — Crossed Cheques — Account Payee — Banker's Drafts — Dividend Warrants —
Postal order and money orders — Travelers cheques and circular notes — Negotiable
instruments and deemed negotiable instruments — Salient features of Negotiable Instruments
Act.
Unit-IV:
The Paying Banker — Statutory protection to Bankers — Forgeries—Collecting Banker -
Statutory protection.
Unit-V:
Banker's lien and set off. -- Advances - Pledge - Land - Stocks - Shares - Life Policies -
Document of title to Goods - Bank Guarantees - Letters of Credit.
Suggested Readings:
1. Tannan: Banking Law & Practice in India, 18th Edn., Orient Law House, New Delhi.
2. Avtar Singh: Negotiable Instruments, 3rd Edn., Eastern Book Company, Lucknow,
1997.
3. [Link]: Banking Law & Practice, 17th Edn. Sultan Chand & Sons, New
Delhi.
4. Taxman: Law of Banking, India Law House
Objective:
The main objectives of the Course are to understand the strengths and weakness of various
dispute resolution methods. The course aims to explain primary dispute resolution processes
and functions and develop techniques and skill to make effective use of ADR methods. Also
it is designed to compare and contrast various legal implications of each method and train
students to be effective Arbitrators, Conciliators and Mediators.
Course Outcome:
LO1 At the end of this Unit, students would acquire the conceptual as well as the necessary
practical approach to the art of Negotiation.
LO2 Enables the students to learn the about Mediation and Conciliation skills.
LO3 Students would get the required knowledge about the legal regime on Arbitration.
The written examination of this paper will be for 50 marks and the remaining 50 marks for
record and viva voce. There shall be classroom instruction on the following topics:
Unit-I:
Alternate Dispute Resolution — Characteristics — Advantages and Disadvantages——
Unilateral — Bilateral — Triadic (Third Party) Intervention — Techniques and processes --
Negotiation — Conciliation —Arbitration — Distinction between Arbitration, Conciliation
and Negotiation.
Unit-II:
The Arbitration and Conciliation Act, 1996 — Historical Background and Objectives of the
Act — Definitions of Arbitration, Arbitrator, Arbitration Agreement -- Appointment of
Arbitrator — Termination of Arbitrator -- Proceedings in Arbitral Tribunal -- Termination of
Proceedings — Arbitral Award -- Setting aside of Arbitral Award — Finality and
Enforcement of Award — Appeals – Enforcement of Foreign Awards. Conciliation –
Appointment of Conciliators – Powers and Functions of Conciliator -- Procedure –
Settlement of disputes through conciliation.
Unit-III:
Other Alternative Dispute Resolution Systems —Tribunals -- Lokpal and Lokayukta — Lok
Adalats — Family Courts. Section 89 and Order X, Rules 1A, 1B and 1C of Civil Procedure
Code.
Viva- voce (20marks): There shall be viva-voce examination on the above components.
The Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii)
University Representative appointed by the Controller of Examinations in consultation with
the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall
evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: Attendance of the students in all the four components of the paper (written
examination, participation in simulation proceedings, submission of record and
attendance in viva) shall be compulsory.
Suggested Readings:
1. O.P. Tiwari : The Arbitration and Conciliation Act (2nd Edition): Allahabad Law
Agency.
2. Johar's : Commentary on Arbitration and Conciliation Act, 1996: Kamal Law House.
3. Acharya N.K.: Law relating to Arbitration and ADR, Asia Law House, Hyderabad
4. Tripathi S.C.: Arbitration, Conciliation and ADR, Central Law Agency, Allahabad.
5. Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.
Objective:
Professions are noble the movement of all professions, hitherto, has been from chaos to
organization, organization to consolidation and consolidation to autonomy and monopoly
Same is true of the law profession also. The prime reason for conferring autonomy and
monopoly by the society on the professionals is the fact that they are a body of learned
persons and the interest of society and individuals is safe in their hands. The Bar should set
enviable standards of ethics and scrupulously adhere to them as also enforce them. It is too
good of the society to trust the learned body of the professionals to regulate themselves and
not to empower an outsider to sit in judgment over their activities. The trust reposed by the
society in profession is to be zealously guarded The Bar should live up to the expectations of
the society. The society has a right to expect of the professionals such ideal behaviour. The
course is designed to imbue students with these high values forming the basis of the
profession so that they can live up to those standards in their professional life Course
contents.
Learning Outcome:
LO1 Need for professional ethics -7 lamps of advocacy –importance of ethics 7 morality in
the practice of law SDMLC.
LO2 If professional ethics not followed then consequences –hearing by the Bar Council
Proceedings and punishments.
LO3 Duties and responsibilities towards court, client, general public, society and
[Link] of court by the lawyers and consequences
The written examination of this paper will be for 50 marks and the remaining 50 marks for
record and viva voce. There shall be classroom instruction on the following topics:
Unit-II : Seven lamps of advocacy — Advocates duties towards public, clients, court, and
other advocates and legal aid ; Bar Council Code of Ethics.
Record (30 marks): Each student shall write 50 selected opinions of theDisciplinary
Committees of Bar Councils and 10 major judgments of theSupreme Court of India in the
Record. The Record shall be evaluated for 30marks by the teacher concerned. The Records of
the students duly certified bythe University Representative appointed by the Controller of
Examinations inconsultation with the Chairman, BOS in Law shall be submitted to
theUniversity before the commencement of the theory examinations.
Viva- voce (20marks): There shall be viva-voce examination on the above components. The
Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii)
University Representative appointed by the Controller of Examinations in consultation with
the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall
evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: All the three components of the paper (written examination, submission of record
and attendance in viva) shall be compulsory.
Suggested Readings :
1. Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation,
Asia Law House, Hyderabad.
2. Gupta S.P.: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation,
Asia Law House, Hyderabad.
3. Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation,
Allahabad Law Agency.
Suggested Reading:
1. Myneni S.R., Legal language and Legal Writing, Central Law Agency,Allahabad.
2. Jain R.L., Legal Language, Central Law Agency, Allahabad.
3. Prasad Anirudh, Legal Language, Central Law Publications, Allahabad.
Objectives:
Free exchange of ideas is a basic pillar of a democratic society. Corruption thrives in
sacred places, therefore it is stated that sunlight is the best disinfectant. There should be
governance in sunshine. The course is designed to convince the students how right to
information can infuse transparency and accountability in governance, preventing abuse of
power. The course deals with the enactment, rules and regulations regarding the information
technology. The object of this paper is to keep pace with legal developments in the context of
emerging technology in various fields.
Unit-I
Concept of Information Technology and Cyber Space- Interface of Technology and Law -
Jurisdiction in Cyber Space and Jurisdiction in traditional sense - Internet Jurisdiction -
Indian Context of Jurisdiction - Enforcement agencies - International position of Internet
Jurisdiction - Cases in Cyber Jurisdiction
Unit-II
Information Technology Act, 2000 - Aims and Objects — Overview of the Act –
Jurisdiction - Electronic Governance – Legal Recognition of Electronic Records and
Electronic Evidence - Digital Signature Certificates - Securing Electronic records and secure
digital signatures - Duties of Subscribers - Role of Certifying Authorities - Regulators under
the Act - The Cyber Regulations Appellate Tribunal - Internet Service Providers and their
Liability – Powers of Police under the Act – Impact of the Act on other Laws .
Unit-III
E-Commerce - UNCITRAL Model - Legal aspects of E-Commerce - Digital Signatures -
Technical and Legal issues - E-Commerce, Trends and Prospects - E-taxation, E-banking,
online publishing and online credit card payment - Employment Contracts - Contractor
Agreements, Sales, Re-Seller and Distributor Agreements, Non-Disclosure Agreements-
Shrink Wrap Contract ,Source Code, Escrow Agreements etc.
Unit-IV
Cyber Law and IPRs-Understanding Copy Right in Information Technology - Software -
Copyrights vs Patents debate - Authorship and Assignment Issues - Copyright in Internet -
Multimedia and Copyright issues - Software Piracy –Patents - Understanding Patents -
European Position on Computer related Patents - Legal position of U.S. on Computer related
Patents - Indian Position on Computer related Patents –Trademarks - Trademarks in Internet -
Domain name registration - Domain Name Disputes & WIPO -Databases in Information
Technology - Protection of databases - Position in USA,EU and India
Unit-V
Cyber Crimes - Meaning of Cyber Crimes – Different Kinds of Cyber Crimes – Cyber
Crimes under IPC, Cr.P.C and Indian Evidence Law - Cyber Crimes under the Information
Technology Act,2000 - Cyber Crimes under International Law - Hacking Child Pornography,
Cyber Stalking, Denial of service Attack, Virus Dissemination, Software Piracy,Internet
Relay Chat (IRC) Crime, Credit Card Fraud, Net Extortion, Phishing etc - Cyber Terrorism -
Violation of Privacy on Internet - Data Protection and Privacy
Suggested Readings:
2. [Link], The Internet: A User’s Guide (2003), Prentice Hall of India, New Delhi
3. Chris Reed, Internet Law-Text and Materials, 2nd Edition, 2005, Universal Law
Publishing Co., New Delhi
Objective: India is a country with diverse cultures. Irrespective of this fact, the plight of
women has remained the same for all cultures and communities in India. Women, not only
because of their being a weaker sex, but also due to the country’s cultural drawbacks, have
suffered subjugation and exploitation since ages and at all levels. Spread of education and
technology has not been able to resolve women’s issues; instead, the nature of issues relating
to women, have further complicated and crimes aggravated. In the light of this, the course
aims at making students learn about the laws relating to women, how women are being
empowered through the instrument of law, and what are the lacunae which are to be
discussed and dealt with etc.
Unit I deals with Women in Colonial India
Unit II deals with Woman's Right and Access to Justice
Unit III deals with Special Laws on Welfare of Woman
Unit IV deals with Woman's Rights
Unit V deals with Women and Property
Unit-I :
Historical background and status of women in ancient India — Constitutional Provisions and
gender justice — Relevant provisions relating to women in Directive Principles of State
Policy and Fundamental Duties etc. under the Indian Constitution.
Unit-II:
Laws relating to marriage, divorce and succession and maintenance under the relevant
personal laws with special emphasis on women — Special Marriage Act — Maintenance
under Cr. P.C.
Unit-III:
Special provisions relating to women under the Indian Evidence Act, 1872 — Offences
against women under Indian Penal Code - outraging the modesty of women -sexual
harassment – rape – bigamy - mock and fraudulent marriages – adultery - causing miscarriage
- insulting women etc.
Unit-IV:
Socio-Legal position of women and the law — Dowry Prohibition Act, 1961, Medical
Termination of Pregnancy Act — Law relating to the Pre Natal Diagnostic Techniques
(Regulation and Prevention of Misuse) and Sex selection — Immoral Traffic (Prevention)
Act -- Law relating to domestic violence.
Unit-V:
Relevant provisions relating to women under Maternity Benefit Act, 1961, Factories Act and
other Labour & Industrial Laws — Position of Women under International instruments —
Salient features of Convention for Elimination of all forms of Discrimination Against Women
(CEDAW) — International Covenant on Civil and Political Rights — International Covenant
on Social, Cultural and Economic Rights.
Suggested Readings :
1. S.P. Sathe: Towards Gender Justice.
2. Dr. Vijay Sharma: Protection to woman in Matrimonial home
3. Dr. SarojiniSaxena: Femijuris(Law relating to Women in India)
4. Dr. ArchanaParsher: Women and Social Reform
5. Dr. Paras Diwan: Dowry and protection to married women
6. Mary Wollstonecraft: A Vindication of the rights of women.
Objectives:
• The course is designed to inform the students about the evolution and the
jurisprudence of human rights and the way they are read into our Constitution.
• That apart, it explores the different vistas of Human Rights with reference to crime,
health, etc.
• The students are imparted the essential aspects of all the said issues.
Course Outcome :
⚫ On completion of the first module students will be able to connect the core concepts
involved evolution and development of human rights worldwide, the nature of Human
Rights and Group Rights.
⚫ On completion of the second module students will be able to understand the
constitutional aspects along with the statutory framework of National and State
Human Rights Commissions.
⚫ On completion of the third module students will be able to understand the societal
expectations in terms of human rights.
⚫ On completion of the fourth module students will be able to comprehend the nuances
of criminal infractions and the resultant rights abuse.
⚫ On completion of the fifth module students will be able to understand the role of state
on some of the fundamental issues relating to the enforcement of human rights.
Unit-I
Meaning and definition of Human Rights - Evolution of Human Rights - Human Rights and
Domestic Jurisdiction
Unit-II
Adoption of Human Rights by the UN Charter - [Link] on Human Rights -
Universal Declaration of Human Rights - International Covenants on Human Rights( Civil
and Political; Economic, Social and Cultural).
Unit-III
Regional Conventions on Human Rights - European Convention on Human Rights -
American Convention on Human Rights - African Charter on Human Rights(Banjul).
Unit-IV
International Conventions on Human Rights - Genocide Convention, Convention against
Torture, CEDAW, Child Rights Convention, Convention on Statelessness, Convention
against Slavery, Convention on Refugees - International Conference on Human Rights(1968)
- World Conference on Human Rights(1993).
Unit-V
Human Rights Protection in India - Human Rights Commissions - Protection of Human
Rights Act - National Human Rights Commission (NHRC) - State Human Rights
Commissions - Human Right Courts in Districts.
Suggested Readings:
Objective: In the growing global economy, India must also compete successfully for capital
against large dynamic nations and well-developed capital markets. the world have recognized
the importance of a securities market regulatory system that protects investors and
encourages fair, transparent, efficient and liquid markets in attracting and keeping capital.
The continued growth of our capital markets and their potential for accelerated growth over
the next decade and beyond, create enormous demands and opportunities for lawyers and
other skilled securities market professionals with expertise in securities laws. The course will
also develop broad perspectives on Indian and international securities laws in all their
dimensions. set forth the foundation of securities laws in India with an emphasis on
comparative study across various jurisdictions with the objective of law reform and be
instrumental in investor education as it relates to investor protection.
Learning Outcome:
LO1 Understand the legal issues in the administration and regulation of securities
environment.
LO2 Analyse the principles laid down in the leading case laws.
LO3 Apply and Critique the efficacy of legal compliances and legal regime in securities
environment.
Unit-I:
Administration of Company Law in relation to issue of prospectus and shares -- membership
and share capital -- Kinds of shares -- public issue of shares -- procedure for issue of shares -
- allotment of shares -- transfer and transmission of shares.
Unit-II:
Debentures - Kinds of Debentures and Charges – Dividend -- Inter-Corporate Loans and
Investments.
Unit-III:
Basic features of the Security Contracts (Regulation) Act, 1956 — Recognition of Stock
Exchanges – Regulation of Contracts and option in securities — Listing of securities --
Guidelines for listing of shares / debentures.
Unit-IV :
Basic features of the Security and Exchange Board of India Act, 1992 — Basic features of
the Act — Establishment of SEBI -- Functions and Powers of SEBI -- Powers of the Central
Government under the Act -- Guidelines for disclosure -- Investors Protection - SEBI
Appellate Tribunal -- Appeals.
Unit-V:
Non-Banking Financial Institutions - Classification and Law Relating to NFBCs - AP
Protection of Depositors Act, 1999.
Suggested Readings:
1. Avatar Singh: Company Law, 10th Edn. (Eastern Book Company, 1991).
2. A Guide to Companies Act by Ramaiah - Wadhwa Publications.
Objective: Legal Drafting is one of the most important instruments of legal communication.
It is also one of the demanding skills of a lawyer. Pleadings are the foundation of any
suit/petition filed before the court. Thus, a strong case depends on how the pleadings are
framed. Conveyancing is the art of transferring title to the property from one person to
another by means of a written instrument.
Learning Outcome: At the end of the course the student will be able to;
LO1 Draft the legal deeds/documents/pleadings flawlessly.
LO2 Appreciate the abstract concepts and put forth an effective argument.
LO3 Identify the issues involved, collect appropriate evidence, get true and correct
information.
LO4 Draft the legal deeds and documents with precision by following the appropriate legal
format.
LO5 Scrutinize the legal documents and deeds.
Class-room instruction and simulation exercises on the following items shall be extended.
Unit-I
Drafting: General Principles of Drafting and relevant Substantive Rules shall be taught.
Unit-II
Pleadings: (i) Civil—Plaint, Written Statement, Interlocutory Application, Original Petition,
Affidavit, Execution Petition, Memorandum of Appeal and Revision.
(ii) Petition under Article 226 and 32 of the Constitution of India - Drafting of Writ Petition
and PIL Petition.
(iii) Criminal— Complaint, Criminal Miscellaneous Petition, Bail Application,
Memorandum of Appeal and Revision.
Unit-III
Conveyancing: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power
of Attorney, Will, Trust Deed
Practical Exercises
Apart from teaching the relevant law, the course includes not less than 15 (fifteen) practical
exercises in drafting of pleadings carrying a total of 45 marks (3 marks for each) and 15
(fifteen) exercises in conveyancing carrying another 45 marks (3 marks for each exercise)
and remaining 10 marks for viva-voce.
These 30 exercises shall be recorded. Each student shall be served with different
problems for the purpose of exercise. These exercises shall be assessed and marks may be
allotted.
These exercises shall be evaluated by a common committee consisting of (i) Principal
of the College/the concerned teacher (ii) University Representative appointed by the
Controller of Examinations in consultation with the Chairman, Board of Studies in Law,
O.U.; and (iii) an Advocate with 10 years experience at the Bar. The same committee will
also conduct viva-voce on the above concepts. The proceedings of the viva-voce shall be
recorded.
Note:
1. Attendance of the students for viva-voce shall be compulsory.
2. The above records certified by the University Representative appointed by the
Controller of Examinations in consultation with the Chairman, BOS in Law shall be
submitted to the University for Further Verification
Suggested Readings:
1. R.N. Chaturvedi : Pleadings and Conveyancing, Central Law Publications.
2. De Souza : Conveyancing, Eastern Law House.
3. Tiwari : Drafting, Pleading and Conveyancing, Central Law Agency.
4. Mogha: Indian Conveyancer, Eastern Law House.
5. Mogha: Law of Pleadings in India, Eastern Law House.
6. Shiv Gopal: Conveyancing, Precedents and Forms, Eastern Book Company
Objective: This Paper is designed to introduce the students to the practical aspects of the
profession by organizing moot courts and sending them to courts for a personal experience of
the functioning of courts. It enables them to obtain a first-hand information of the
practicalities of the working of courts.
Learning Outcome: On the conclusion of the first Module, the students would be able to
appreciate the research, oratorical and articulation skills required of a lawyer. On completing
the second Module, students will be able to comprehend the practicalities of the justice
system and the pivotal role the courts play in dispensation of justice. They will also get a
practical exposure to the techniques of client interviewing and the substantive as well as
procedural steps involved in preparation of a brief by lawyers. Students will have practical
experience of the professional aspects of the subjects they have studies. The last Module
helps students unearth their potential for the profession and the desirable improvements for
the same.
This paper has three components of 30 marks each and viva-voce for 10 marks.
(A) Moot Court (30 marks): Every student is required to participate in at least three moot
courts in the VI Semester with 10 marks for each. The moot court work will be on an
assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks
for oral advocacy.
Marks will be given on the basis of written submission and oral advocacy. Written
submissions shall include brief summary of facts, issues involved, provisions of laws and
arguments, citation, prayer, etc. Marks for oral advocacy may be awarded for communication
skills, presentations, language, provisions of law; authorities quoted, court manners, etc.
Written Memorials submitted by the students shall be kept by the College for Further
Verification.
The performance of student in the moot court shall be evaluated by a committee
consisting of (i) Principal of the College (ii) an Advocate with 10 years experience at the Bar;
and (iii) the teacher concerned.
(B) Observance of Trial in two cases, one Civil and one Criminal (30 marks):
Students are required to attend courts to observe at least one civil and one criminal
case. They shall maintain a record and enter the various steps observed during their
attendance on different days in the court assignment. The Court Observation Record
submitted by the students should be evaluated by a committee consisting of (i) Principal of
the College/the concerned teacher (ii) University Representative appointed by the Controller
of Examinations in consultation with the Chairman, Board of Studies in Law, and (iii) an
Advocate with 10 years experience at the Bar and average be taken. Court attendance shall be
compulsory and attendance has to be recorded in a register kept therefor. This may be carried
under the supervision of a teacher of the college. This scheme will carry 30 marks.
Each student should observe two 'interview sessions' of clients either in the Lawyer’s
Office or in the Legal Aid Office and record the proceedings in a diary, which will carry 15
marks.
Each student has to further observe the preparation of documents and court papers by
the Advocate and the procedure for the filing of the suit / petition. This shall be recorded in
the diary which will carry 15 marks.
The diary shall clearly indicate the dates on which the above observations are made
and they shall be authenticated by the advocate concerned.
Evaluation of the above diary shall be made by the committee consisting of (i)
Principal of the College/the concerned teacher (ii) University Representative appointed by the
Controller of Examinations in consultation with the Chairman, Board of Studies in Law,
O.U.; and (iii) an Advocate with 10 years experience at the Bar and average be taken.
(D)Viva-voce (10 marks): There shall be viva-voce examination on all the above three
components. The Viva-voce Board consisting of (i) Principal of the College/the concerned
teacher (ii) University Representative appointed by the Controller of Examinations in
consultation with the Chairman, BOS in Law; and (iii)an advocate with 10 years experience
at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be
recorded.
Note:
1. Attendance of the students in all the four components of the paper shall be
compulsory.
2. The above records, diary certified by the University Representative appointed by the
Controller of Examinations in consultation with the Chairman, BOS in Law shall be
submitted to the University for Further Verification.
.
Suggested Readings:
1. Dr. Kailash Rai: Moot Court Pre-Trial Preparation and Participation in Trial
Proceedings, Central Law Publication.
2. AmitaDanda: Moot Court for Interactive Legal Education, Gogia Law Agency,
Hyderabad.
3. Blackstone's: Books of Moots, Oxford University Press.
4. Mishra: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings,
Central Law, Allahabad.
The right to constitutional remedies in India, under Article 32, is considered the heart of the Constitution as it empowers citizens to approach the Supreme Court directly to enforce their fundamental rights . This right ensures judicial oversight over the executive and legislative branches by allowing individuals to seek remedies against actions violating constitutional guarantees. Key mechanisms include writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, each addressing specific issues of rights infringement . Article 226 expands this right, allowing High Courts also to issue writs. This framework provides robust checks on State power and maintains rule of law by offering expeditious legal recourse to aggrieved citizens .
Directive Principles of State Policy play a crucial role in shaping India's socio-economic policies, complementing the enforceable Fundamental Rights . While Fundamental Rights safeguard individual freedoms and equality, Directive Principles aim at achieving socio-economic justice, guiding the State to enact laws that promote welfare, economic fairness, and socio-economic equity . Although non-justiciable, they inform legislations and judicial decisions, serving as benchmarks for evaluating State actions and laws. The judiciary often harmonizes these principles with Fundamental Rights, emphasizing that economic policies should not violate basic rights but contribute to the holistic development envisioned by the Constitution . This dual approach supports the progressive realization of a welfare state .
The right to life and personal liberty under Article 21 of the Indian Constitution encompasses a broad spectrum of protections, initially understood as negative rights against arbitrary State action. However, judicial interpretations have expanded its scope significantly. The Supreme Court, through progressive judgments, has elucidated that this right includes the entitlement to live with human dignity, the right to a livelihood, and the right to health . In cases like Maneka Gandhi v. Union of India, the Court interpreted 'life' and 'personal liberty' expansively to include a right against arbitrary and unfair procedures . This approach represents an evolution from a narrow interpretation to a more inclusive conception of human rights and socio-economic welfare, balancing the inviolabilities of life with the rights of the State to enforce reasonable restrictions in the public interest .
The fundamental rights and directive principles of state policy in the Indian Constitution are interconnected yet distinguished elements. Fundamental rights are justiciable and enforceable against the State and individuals, safeguarding the citizens' freedoms and ensuring equality, life, and liberty . On the other hand, directive principles set the socio-economic and welfare goals for the State but are non-justiciable, meant as guidelines to be followed in creating laws to ensure a just society . Despite their non-enforceability, these principles hold significant value in interpretative jurisprudence, being utilized by courts to harmonize legal interpretations and decisions . The interrelationship shows a balance between achieving socio-economic objectives and safeguarding individual rights, where directive principles act as the framework within which rights are applied .
Tort law is founded on the principles of liability for wrongs causing harm to individuals, where remedy is sought through compensation. Core principles include negligence, nuisance, strict and vicarious liabilities, and defamation . Negligence involves a breach of duty leading to harm, focusing on the defendant's duty of care . Strict liability holds parties accountable without fault for damages caused by inherently dangerous activities . Modern applications of tort law encompass a broad range of disputes, with increased relevance due to industrial and technological developments, emphasizing accountability and the protection of individual rights .
Article 19 of the Indian Constitution guarantees six fundamental freedoms to citizens, including speech and expression, assembling peacefully, forming associations or unions, moving freely throughout India, residing anywhere in India, and practicing any profession or carrying on any occupation or business . Although these freedoms are pivotal to democratic governance and individual liberty, they are not absolute. The State can impose reasonable restrictions on these rights for interests like the sovereignty and integrity of India, security of the State, public order, decency, or morality, and protecting the rights of others . This balance between freedoms and restrictions embodies the Constitution's ethos to uphold the public good while maintaining individual liberties. Judicial interpretations often assess the constitutionality of these restrictions, ensuring they serve the intended purpose without disproportionately infringing individual rights .
Preventive detention in India is a mechanism that allows for the arrest and detention of individuals without trial to prevent potential threats to state security and public order . Though the constitution permits such detention under stringent conditions, it raises concerns about personal liberty and potential misuse. Safeguards are built into the system, requiring that the detained be informed of the grounds for detention, and allowing advisory boards to review the detention's necessity . This balance between national security and personal freedoms reflects the delicate responsibility the state holds in maintaining public safety while protecting individual rights. Judicial review acts as a check against arbitrary or excessive use of preventive detention .
Lawyers in India are bound by the Advocates Act, 1961 and the Bar Council's code of ethics, which outline their responsibilities towards courts, clients, society, and the nation . They are encouraged to uphold values including integrity, confidentiality, and honesty. Advocacy demands that lawyers eschew unprofessional conduct, including contempt of court, and maintain a high level of professionalism . Their role extends to ensuring fair trials and representing their clients without overstepping legal boundaries. Disciplinary actions by the Bar Council ensure adherence to these ethical standards, reflecting their central role in maintaining the legal profession's credibility and integrity .
Ownership in property law refers to the comprehensive rights a person holds over property, including the right to possess, use, and dispose of it . It is a legal relationship between a person and a property, encompassing a variety of rights like usufruct, control, and disposition, and also bears social and economic implications. Ownership contrasts with possession, where possession is more about the physical control or custody over a property . This concept is pivotal in legal theory because it underpins numerous aspects of property law, influencing the rules regarding transfer, inheritance, and usage of property, thereby shaping economic and social dynamics .
The Indian judiciary has been instrumental in evolving environmental jurisprudence, often invoking the right to a clean and healthy environment as part of the right to life under Article 21 . Courts have spearheaded this development through landmark judgments that uphold environmental conservation over unregulated industrialization, such as the case of M.C. Mehta v. Union of India . Judicial activism in environmental matters has led to the allowance of Public Interest Litigations (PILs), enabling citizens to approach courts directly for environmental protection. This proactive stance ensures legal mechanisms are responsive to environmental concerns, balancing development needs with ecological preservation .