Syllabus – LLB – 1 (3 Years) – Semester 1

Third Year B.A. LL.B. - Semester V

Third Year B.B.A. LL.B. - Semester V

First Year LL.B. - Semester I

LCC 0501 CONSTITUTIONAL LAW – I:

Objectives of the Course: This Course is designed to acquaint students with the basic
principles

of Constitution and Constitutionalism, the reasons and justification of the growth of

Fundamental

Rights in India as well as the operation of Fundamental Rights, Directive Principles in India. The

basic norm of the land will be taught to the students with the help of appropriate judicial

decisions.

Module 01: Introduction to the Indian Constitution:

1. Constituent Assembly in India and framing of the Constitution:

a) Formation of the Constituent Assembly of India

b) The issues before the Constituent Assembly

c) Passing of the Constitution

d) Dr. Ambedkar’s warning and anxiety about the working of the Constitution

e) Date of Commencement of the Constitution

2. Concepts of Constitutional Law and Constitutionalism

3. Salient features of the Constitution of India

4. Preamble to the Constitution of India

Module 02: Territory of India, Citizenship & General Principles Relating to Fundamental

Rights (Articles 12 and 13):

1) Union and its Territory (Articles 1 to 4):

2) Citizenship of India:

1. Constitutional Provisions (Articles 5 to 11):

a) Importance of Citizenship under the Constitution of India

b) Citizens by Domicile

c) Citizens by Migration
d) Citizens by Registration

e) Termination of Citizenship

f) Dual Citizenship

2. The Citizenship Act, 1955:

a) Acquisition of Citizenship

93 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

b) Loss of Citizenship

3) General Principles Relating to Fundamental Rights (Articles 12 and 13):

1. Concept of Fundamental Rights – Their Origin and Development

2. State- Other Authorities, Local Authorities, The LPG and Article 12

3. Law – Law and Law in force, Personal Law, Custom.

4. Justifiability of Fundamental Rights -

a) Laws inconsistent with fundamental rights

b) Unconstitutionality of Statute

c) Doctrine of Eclipse

d) Doctrine of Severability

e) Waiver of Fundamental Rights

5. Whether the Constitution Amendment Act is law under Article 13?

6. Power and Procedure of Amendment

7. Basic Structure Doctrine

Module 03: Right to Equality (Article 14 to 18):

1. Equality before law and Equal protection of Law

2. Permission of Reasonable Classification but prohibition of Class legislation

3. Article 14 Strikes at Arbitrariness

4. Prohibition of discrimination against citizens

5. Special provisions for women and children

6. Special provisions for Backward Classes, Impact of Privatization of Education

7. Equality of Opportunity in Matters of Public Employment, Impact of Privatization on

Public Employment

8. Reservations in Promotion

9. Abolition of Untouchability
10. Abolition of Titles

Module 04: Right to Freedom I (Article 19):

1. Freedom of Speech and Expression and Reasonable Restrictions

2. Freedom of Assembly and Reasonable Restrictions

3. Freedom to form Association or Union and Reasonable Restrictions

4. Freedom of Movement and Reasonable Restrictions

5. Freedom of Residence and Settlement and Reasonable Restrictions

6. Freedom of Profession, Occupation, Trade and Business and Reasonable Restrictions

7. Right to Property -

a) Pre- 1978 Position - Article 19(f) and 19(5); Eminent Domain; Article 31; Inter94

SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

relation of Article 31, Article 14 and Article 19(1)(f)

b) Présent Position - Article 31 A, Article 31 B, Article 31 C, Article 300 A

Module 05: Right to Freedom II (Articles 20 to 22):

1. Protection in Respect of Conviction for offences -

a) Protection against Ex-post Facto Law

b) Guarantee against Double Jeopardy

c) Privilege against Self-Incrimination

2. Protection of Right to Life and Personal Liberty -

a) A. K. Gopalan to Maneka Gandhi

b) Relationship between Articles 14, 19 and 21

c) Due Process of Law

d) Extended view in post Maneka Gandhi period

3. Right to Education - Evolution and Importance

4. Protection against Arrest and Detention -

a) Protection against Arrest

b) Protection against Preventive Detention

c) Laws Authorising Preventive Detention

Module 06 Right against Exploitation (Articles 23 and 24):

1) Right against Exploitation (Articles 23)

a) Traffic in Human Beings

b) Beggar and Similar forms of Forced Labours

c) Compulsory Services for Public Purpose

2) Prohibition of Employment of Children (Articles 24)

Module 07 Right to Freedom of Religion (Articles 25 to 28) and Cultural and Educational

Rights (Articles 29 to 30):

1) Right to Freedom of Religion (Articles 25 to 28)

a) Concept of Secularism

b) Freedom of Conscience and right to Profess or Practice and Propagate religion

c) Freedom of Religion of Religious Denomination

d) Freedom from Paying of Taxes for Promotion of any Religion

e) Annual Payment to certain Devasworm Funds (Article 290A)

f) Prohibition of Religious Instructions in Educational Institutions

2) Cultural and Educational Rights

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a) Concept of Minority

b) Protection of Interest of Minorities

c) Right of a Minority to Establish Educational Institution

d) Regulation of Minority Educational Institution

Module 08: Right to Constitutional Remedies:

a) Enforcement of Fundamental Rights

b) Procedure in Enforcement of Fundamental Rights

c) Power to issue Writs, Directions or Orders – Types of Writs

d) Comparison between Article 32 and Article 226

e) Public Interest Litigation

f) Fundamental Rights during Emergency

Module 09 Directive Principles of State Policy (Articles 36 to 51) and Fundamental Duties

(Article 51A):

1. Nature and Importance of Directive Principles

2. Inter-relationship between Fundamental Rights and Directive Principles.

3. Directive Principles of State Policy

4. Fundamental Duties – Nature and Importance

Recommended Readings:

1. M. P. Jain, Indian Constitutional Law, LexisNexis (2015).

2. D.D. Basu, Constitutional Law of India, LexisNexis (2013).

3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency (2015).

4. H. M. Seervai, Constitutional Law of India, N.M. Tripathi.

5. Arvind Datar, Commentary on Constitution of India (3 Vols), LexisNexis (2010).

6. Sathya Narayan (Ed), Selected Work of S.P. Sathe (3 Vols), Oxford University Press (2015).

7. M.P. Singh, V.N. Shukla’s Constitution of India, Eastern Book Company, (2013).

8. Sujit Chaudhry, Madhav Khosala and Pratap Bhanu Mehta, The Oxford Handbook of the

Indian Constitution, Oxford University Press.

9. Granville Austin, Working of a Democratic Constitution- The Indian Experience, Oxford

University Press.

10. Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts, Harper

Collins Publication, India. 2019.

11. Dr. Suresh Mane, Indian Constitutional Law, Dynamics and Challenges, Aarti & Co.

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12. Madhav Khosala, The Indian Constitution (Oxford India Short Introductions), Oxford

University Press, 2012.

13. Sudhir Krishnaswamy, Democracy and Constitutionalism in India – A Study of the Basic

Structure Doctrine, Oxford University Press.

14. S.B. Shiva Rao, The Framing of the Indian Constitution, Vols. I and V, the Indian Institute

of Public Administration, New Delhi (1966).

15. H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.
LCC 0502 Law of Contract I:

Objectives of the Course:

Individuals, organisations, institutions, governments make countless contracts for effecting

their

transactions. They enjoy considerable freedom in devising the terms of their transactions, which

they will decide through negotiations. The general principles that affect these contracts, and
that

allow their enforcement in case of breach, are given in Sections 1 – 75 of the Indian Contract

Act, 1872 (ICA). Contract remedies are also provided in the Specific Relief Act, 1963 (SRA).

These two laws form the main course for this subject.

This course is designed to acquaint a student with the general conceptual and practical
principles

of contract, rules for formation of contract, performance, and enforcement of contract

remedies.

Module 01 Introduction & Formation of Contract:

1. Meaning, Nature and Scope of Contract

2. Offer / Proposal: Definition, essential elements, Communication, Revocation, General/

Specific Offer, Invitation to Offer, Tenders and Auctions.

3. Acceptance: Definition, essential elements, Communication, Revocation.

4. Modes of Communication – Postal, Telephonic, Telex, E-mail and WhatsApp.

5. Essential elements of a Valid Contract & Effect of Void, Voidable, Valid, Illegal, Unlawful

Agreements

6. Online Contracts and Standard & Printed Form of Contracts.

Module 02 Competency of Parties – Section 10 to 12 of ICA, 1872:

1. Age of majority under the Indian Majority Act 1875, Contracts with Minors, effect of

contracting with a minor, the purpose of the law, liability for supply of necessaries: Section 68

of ICA, 1872.

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2. Soundness of mind for the purpose of making contracts, effect of unsoundness of mind on
the

contract.

3. Legal disqualification – examples: Section 75 of the Patents Act, 1970, Section 75 of the

Indian Forests Act, 1927, Section 130 of the Transfer of Property Act, 1882.
4. Competency of prisoners in jail, married women, aliens, insolvents.

Module 03 Free Consent - Sections 13 to 22, 64, 65, 67 of ICA, 1872:

1. Consent and Free Consent.

2. Coercion and its effect on the contract: Sections 15 and 19 of Indian Contract Act, 1872

3. Undue Influence and its effect on the contract, Pardanashin women unconscionable
bargains:

Sections 16 and 19A of Indian Contract Act, 1872.

4. Misrepresentation and its effect on the contract: Sections 18 and 19 of Indian Contract Act,

1872 5. Fraud and its effect on the contract: Sections 17 and 19 of Indian Contract Act, 1872.

6. Mistake, mutual and common mistake, unilateral mistake, mistake of law and fact, its effect

on the contract: Sections 20 - 22 of ICA, Section 26 of SRA, 1963.

7. Remedies available to the party whose consent is not free: rescission, restoration - Sections

19, 19A, 67, 64, 65 of ICA,1872, Loss of right of rescission - Sections 25 and 28 of SRA, 1963.

Module 04 Consideration - Sections 2(d) ICA, 1872:

1. Definitions, meaning, importance and essential elements of Consideration.

2. Act, forbearance and promise

3. Present, past and future consideration

4. Adequacy of consideration and effect of inadequacy

5. No consideration, no contract, and exceptions to the rule

6. Doctrine of Privity of Contract and its exceptions.

Module 05 Void Agreements - Sections 23 – 30 of ICA, 1872:

1. Unlawful agreements, circumstances in which agreements enforced even if unlawful:

Sections

23-24, 57-58 of ICA,1872, Section 27 of SRA, 1963

2. Void agreements: Restraint of marriage, trade and legal proceedings, uncertain agreements,

wagering agreements: Sections 26 – 30 & 56 of ICA, 1872

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3. Effect of void and of unlawful agreements

Module 06 Contingent Contracts and Quasi-Contracts:

1. Contingent contracts and their enforcement - Sections 31 – 36 of ICA, 1872:

a) Definition of contingent contract, contingent and absolute obligations

b) Effect of happening & non-happening of event

c) Enforcement of contingent contracts

2. Quasi-contracts - Sections 68-72, 73(Para 3) of ICA, 1872:

a) Five kinds of quasi-contracts stated in the Act – Sections 68-72 of ICA, 1872

b) Doctrine of Restitution

c) Effect of breach of quasi-contractual obligations

Module 07 Performance and Discharge of Contract:

1. Obligation to perform or offer to perform; who must perform, effect of death on personal

contracts, rights and liabilities under a contract: Sections 37-41 of ICA, 1872

2. Devolution of Joint rights and liabilities: Sections 42-45 of ICA

3. Time & Place of performance, right to terminate if time is of essence of contract: Sections 46-

50, 55 of ICA, 1872

4. Liability to pay interest for delay: under contract terms, under the Interest Act 1978

5. Performance of Reciprocal promises, effect of non-performance of one of reciprocal

promises;

unilateral and bilateral promises: Sections 51 - 54 of ICA, 1872

6. Appropriation of payments: Sections 59-61 of ICA, 1872.

Discharge of a Contract:

1. By performance; by offer of performance: Sections 38 of the ICA, 1872

2. By non-performance by one party: 54 of ICA, 1872

3. By breach of contract and rescission: Sections 39, 53, 55 of ICA, 1872

4. Doctrine of impossibility and its effect: Section 56 of ICA

5. By agreement: novation, alteration and rescission: Section 62 of ICA, 1872

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6. By act of promisee: dispensing, remission and waiver, extension of time, accord and

satisfaction: Section 63 of ICA, 1872

7. Termination or discharge under contract provisions.

Module 08 Contract Remedies:

1. Remedies under Contract Law:

a) Compensation (damages) Section 73-74 of ICA, 1872: - General and special, substantial and

nominal, aggravated and punitive, liquidated and unliquidated and rules as to remoteness of

damages
b) Claim in quantum meruit.

2. Remedies under Specific Relief Act, 1963:

a) Specific performance:

• Cases in which it can and cannot be granted- Sections 10 and 14 of SRA, 1963

• Personal bars to relief - Section 16 of SRA, 1963

• Discretionary relief - Section 20 of SRA, 1963

• Who can claim specific performance - Section 15 of SRA, 1963

• Against whom can specific performance be claimed - Section 19 of SRA, 1963

• Claim for compensation and other reliefs in a suit for specific performance - Sections 21–24,
29

of SRA, 1963

• Defenses in suits of specific performance - Section 9 of SRA, 1963

• Rescission of a contract of which specific performance has been decreed - Section 28 of SRA,

1963

b) Injunctions in suits relating to contract:

• Discretionary relief - Section 36 of SRA, 1963

• Kinds - Temporary and perpetual, prohibitory and mandatory: Section 36- 37, 39 of SRA, 1963

• When can injunction be granted? - Section 38(1) and (2) of the SRA, 1963

• When will injunction not be granted? - Section 41 clauses (a), (b), (e), (g), (i), (j) of SRA, 1963

• Injunction to enforce negative covenants - Section 42 of SRA, 1963

• Claim for compensation in a suit for injunction. - Section 40 of SRA, 1963

c) Rescission - Sections 27, 30 of SRA, 1963

d) Rectification of instruments - Section 26 of SRA, 1963

e) Cancellation of instruments - Sections 31, 33 of SRA, 1963.

100 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

Recommended Readings:

1. Avtar Singh, Law of Contract and Specific Relief, 12th ed, 2017, Eastern Book Company.

2. V. Kesava Rao, Contract I: Cases and Materials, 2nd ed, 2014, LexisNexis.

3. Ritu Gupta, Law of Contract – includes the Specific Relief Act 1963, 2015, LexisNexis.

4. Mulla, The Indian Contract Act, Anirudh Wadhwa ed., 15th ed., 2015, LexisNexis.

5. M. Krishnan Nair, Law of Contracts, 1998.

6. Garima Tiwari, Understanding Laws – Contracts, 2014, LexisNexis.

7. Anson's Law of Contract, Beatson and Burrows ed. 29th ed., 2010, Oxford University Press.

8. G.H. Treitel, Outline of Law of Contract, 6th rev ed, 2005, Oxford University Press.

9. Atiyah’s Introduction to the Law of Contract, Stephen Smith ed., 2nd ed, 1997 Oxford

University Press.

10. Cheshire, Fifoot and Furmston’s Law of Contract, Michael Furmston ed., 16th ed, 2012,

Oxford University Press.

11. Pollock and Mulla’s Indian Contract Act, Nilima Bhadbhade ed., 14th updated edition,
2014,

LexisNexis.

12. Nilima Bhadbhade, Contract Law of India, 2nd ed 2009, Kluwer, available free on google

books.

13. Pollock and Mulla’s Specific Relief Act, Nilima Bhadbhade ed., 14th updated edition, 2014,

LexisNexis.

14. Nilima Bhadbhade, Specific Performance of Contracts: The Tests of Inadequacy and

Effective Enforcement, 2014, LexisNexis.

15. S C Banerjee, Law of Specific Relief: Tagore Law Lectures, 13th ed, 2015, LexisNexis.

16. Sarkar on Specific Relief, Sudipto Sarkar and R Yasho Vardhan eds, 17th ed, 2016,

LexisNexis.
LC 0503 Family Law I:

Objectives of the Course: The personal law applicable to Hindus, Muslims, Christians, Parsis

and other denominations is not fully codified. While these personal laws are similar in their

essential broad underlying principles, they are much different in their details. Personal law is

applicable not only to aspects of family relations, viz. marriage and divorce, support and

maintenance, children and their custody and guardianship, adoption and the like, but also to
law

relating to property, viz. joint family systems, devolution to property upon death of a person. The

differences in the provisions applicable to different denominations arise from the history and

growth of these laws over centuries.

This course covers the history and development of the principles and provisions of different

personal laws, and the sources from which these laws are derived. It primarily comprises the

laws applicable to family relations: marriage and divorce, maintenance, alimony, adoption and

guardianship. It also lays emphasis on the general law applicable to all persons: the Special

Marriage Act, 1963 and the Foreign Marriages Act, 1969. The course familiarizes the students

to the differences in the various systems, and to understand the reasons, merits and demerits
of

the various provisions. Study of this subject should enable the students to view family law not

merely as a separate system of personal laws based upon religious beliefs, but as one cutting

across religious lines, eventually enabling fulfillment of the Constitutional directive of Uniform

Civil Code.

Module 01 Introduction to Hindu and Muslim Law:

1. Nature of Hindu law, Application of Hindu law

2. Sources of Hindu law - Ancient to Modern

3. Schools of Hindu law

4. Development and nature of Muslim law, Application of Muslim law

5. Sources of Muslim law

6. Schools of Muslim law

Module 02 Marriage and Matrimonial Reliefs under Hindu law:

1. Evolution and concept of the institution of marriage, nature and forms of marriage under

ancient Hindu law

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2. Essentials of a valid marriage under the Hindu Marriage Act, 1955; ceremonies of marriage;

valid, void and voidable marriages; importance of custom; marriage with a non-Hindu;

registration of marriage; effect on legitimacy of children

3. Divorce, theories of divorce, grounds of divorce, customary divorce, effect of divorce,

emerging trends; Bar to remarriage after a divorce

4. Other matrimonial reliefs: Nullity of marriage; Judicial separation; Repudiation of marriage;

Restitution of conjugal rights; Other reliefs granted by a court in matrimonial proceedings (other

than maintenance); Bar to matrimonial reliefs

5. Jurisdiction of courts: under the Hindu Marriage Act, 1955 and the Family Courts Act, 1984

Module 03 Marriage and Matrimonial Reliefs under Muslim law:

1. Muslim marriage: pre-Qur’anic background, definition of nikah, nature and classification of

marriages

2. Essentials and formalities of a valid marriage, legal effects of a valid marriage, mut’a
marriage,

stipulation in marriage contract; guardianship in marriage with reference to Shias and Sunnis

3. Mehr / Dower, nature and kinds of dower, rights of wife in case of unpaid dower

4. Nullity of marriage; restitution of conjugal rights; option of puberty (khair-ul- bulugh)

5. Talaq, kinds of talaq, divorce under the Dissolution of Muslim Marriage Act, 1939

6. Remarriage; Iddat : its rationale, utility and periods; prohibition to marry in certain cases

Module 04 Marriage and Matrimonial Reliefs among Parsis, Christians and under the

Special Marriage Act, 1954:

1. Marriage under the Parsi Marriage and Divorce Act, 1936: Essentials of a valid marriage;

Solemnization of marriage and its registration; Dissolution of marriage, divorce, nullity, judicial

separation, restitution of conjugal rights; Remarriage; Parsi Matrimonial Courts and procedures

2. Marriage under the Indian Christian Marriage Act, 1872; Essentials of a valid marriage;

Solemnization of marriage and its registration; Marriage of Indian Christians; Provisions under

the Indian Divorce Act, 1869: relating to dissolution of marriage, judicial separation, nullity,

restitution of conjugal rights; Remarriage; Jurisdiction of courts and procedures

3. Marriage under the Special Marriage Act, 1954: Essentials of a valid marriage, Solemnization

of marriage and procedure, its registration and certificate; Registration of existing marriages,

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procedure and registration; Effect and consequences of such marriages; Void and voidable

marriages; Remedies of divorce, judicial separation, restitution of conjugal rights; Remarriage;

Jurisdiction of courts and procedures

4. Marriages of citizens outside India under the Foreign Marriages Act, 1969: Essentials,

Solemnization of marriage, procedure and certificate, Effect of such marriage, Divorce of foreign

marriages

5. Comparative analysis of marriage and matrimonial reliefs in different laws.

6. Relationship in the nature of marriage: live-in relationship, same-sex relationships

Module 05 Alimony and Maintenance:

1. Maintenance pendente lite and permanent maintenance; Maintenance of wives, children and

parents under the Hindu law, Muslim law, Christian law and Parsi law; Maintenance in

matrimonial proceedings under these laws

2. Alimony and maintenance under the Special Marriage Act, 1954, the Protection of Women

from Domestic Violence Act, 2005, the Code of Criminal Procedure, 1973, and the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007

Module 06 Law on Adoption and Guardianship:

1. Adoption: Essentials of valid adoption with reference to the person adopted, the person

adopting and other conditions; Procedure; When adoption is complete; Effect of adoption;
Right

of adoptive parents to dispose of their property

2. Inter-country adoption, CARA guidelines; Recognition of foreign adoptions; Adoption by

foreign parents

3. Guardianship under the Hindu and Muslim law, and under the Guardian and Wards Act, 1890:

Kinds of Guardians; Procedure for appointment of a guardian; Guardian’s powers over the

person and property of children; Rights, obligations, duties; liabilities, disqualifications and

disabilities of guardians

4. Powers of Court

5. Custody of Minor and Minor’s property; Powers of courts in matrimonial proceedings to

pass

orders about custody and well-being of children

104 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

Recommended Readings:
1. Kusum, Family Law Lectures: Family Law I, LexisNexis, New Delhi.

2. Satyajeet A Desai, Mulla’s, Hindu Law, LexisNexis, New Delhi.

3. Justice Ranganath Mishra, Mayne’s Hindu Law and Usage, Bharat Law House, New Delhi.

4. H. K. Saharay, Family Law in India, Eastern Law House, New Delhi.

5. Flavia Agnis, Family Law Vol I and II, Oxford University Press, New Delhi.

6. Tahir Mahmood, Principles of Hindu Law, Universal Law Publishing, New Delhi.

7. Mulla, Principles of Mohammedan Law, LexisNexis, Nagpur.

8. Asaf A A Fyzee, Outline of Mohammedan Law, Oxford University Press, New Delhi.

9. Amer Ali, Mohammedan Law, Vol. I and II, Eastern Book Company.

10. Bharatiya V P, Sayyad Khalid Rashid’s Muslim Law, Eastern Book Company, Lucknow.

11. Derrett, Introduction to Modern Hindu Law, Universal.

LC 0504 Law of Crimes

Objectives of the Course: Crime and Punishment has always been the most important aspect of

the Rule of Law. A proper understanding of crimes, methods of controlling them and the
reasons

for their existence is extremely important to build a just and humane society. This course is

designed with a prime object to familiarize students with the principles of criminal liability and

other concepts of substantive criminal law along with relevant case laws. It is also meant to

enable them to articulate informed opinion over important controversial issues in criminal law.

Module 01 Nature of Crime and Criminal Liability:

1. Historical Development of Indian Penal Code, 1860

2. Nature of Crime, Definition of Crime in social and legal context, Distinction between Moral,

Civil and Criminal wrongs, Aim and Function of the Criminal law

3. Criminal Liability Principles - Actus non facitreum, nisi mens sit rea, Origin and development

of mens rea, Liability without mens rea, mens rea in Indian Penal Code. Facets of mens rea -

Motive, Knowledge, Intention, Recklessness and Negligence, Malice

4. Elements of Crime - Human Conduct, Voluntary act, Guilty intention, Causal Connection,

Prohibited Result

105 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

Module 02 General Principles of Criminal Law:

1. Nullapoena sine lege, nullumcrimen sine lege

2. Principles of mala in se, mala prohibita, Joint liability, Vicarious liability, Strict liability and

Absolute liability

3. Stages in Commission of Crime, Intention - mere intention not punishable, Preparation,

Attempt - Attempt when punishable, specific provisions of IPC, Tests for determining what

constitute attempt, proximity, equivocality and social danger test, Impossible attempt,

Commission of offence

Module 03 Introduction to Substantive Criminal Law:

1. Jurisdiction under Indian Penal Code, 1960

2. General Explanations - Movable Property, Wrongful Loss and Wrongful gain, Dishonestly,

Fraudulently, Common Intention, Common Object, Voluntarily, Good faith, Criminal

Conspiracy
Module 04 General Defenses:

1. Excusable: (Mental Incapacity) Minority (Infancy), Involuntary Intoxication and Insanity as a

Defense

2. Justifiable: Necessity, Mistake of Fact, Acts done with Consent, Accident, Judicial acts,

Triviality

3. Right of Private Defense of Body and Property - Justifications and Limits

Module 05 Offences against State, Public Tranquility, Administration of Justice, Etc.:

1. Meaning of Abetment, Abetment when punishable? Liability of Abettor, Abetment of offence

punishable with death or imprisonment for life

2. Waging war, Sedition, Conspiracy to Waging war

3. Unlawful Assembly, Rioting, Affray, Promoting enmity between different groups,

Imputations/assertions prejudicial to national integration

Module 06 Offences against Human Body:

1. Culpable Homicide, Murder, Ingredients, Exceptions and Distinction between Culpable

Homicide and Murder, when culpable homicide is murder?

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2. Attempt to commit Culpable Homicide, Attempt to Murder

3. Causing Death by Negligence, Causing Death with the consent of the deceased – Euthanasia

and its Constitutionality

4. Suicide – abetment and attempt, its Constitutional validity

5. Hurt, voluntarily causing hurt, etc.; Grievous Hurt, voluntarily causing grievous hurt, etc.,

Wrongful Restraint, Wrongful Confinement

6. Criminal Force, Assault, Kidnapping and Abduction, distinction between them

Module 07 Offences relating to Woman:

1. Cruelty against Woman, Dowry death, Causing Miscarriage, Acid Attack

2. Outraging Modesty of woman, Sexual Harassment, Voyeurism, Stalking

3. Rape – its ingredients, developments in Rape law along with relevant judicial decisions,

Unnatural offences

4. Deceitful Cohabitation, Bigamy, Mock Marriages

Module 08 Offences against Property and Person, Etc.:

1. Theft, Extortion, Robbery and Dacoity, distinction between them, forms of Robbery and
Dacoity

2. Criminal Misappropriation, Criminal Breach of Trust, Stolen property, Cheating, Mischief,

Criminal Trespass, House Trespass, Lurking House Trespass, House Breaking, House Breaking

by Night

3. Defamation, Criminal Intimidation and Insult

4. Forgery and Making of False document, Falsification of accounts

Recommended Readings:

1. M.C. Setelvad, Common Law in India (Chapter III, Criminal Law, p. 124-176), Stevens.

2. Stephen, A History of Criminal Law of England, Vol. III (Last Chapter on Indian Penal Code),

London, Macmillan.

3. Principles of Criminal Law by R C Nigam, Law of Crimes in India, Vol. I, Asia Publishing

House, New York.

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4. Glanville Williams, Criminal Law, Universal Law Publishing.

5. J.W. Cecil Turner, Kenny’s Outlines of Criminal Law, Universal Law Publishing.

6. Smith and Hogan, Criminal Law, Oxford University Press.

7. Andrew Ashworth Principles of Criminal Law, Clarendon Law Series.

8. S.K. Savaria, R. A. Nelson’s Indian Penal Code (4 Volumes), LexisNexis Delhi.

9. Hari Singh Gaur, Penal Law of India (4 volumes), EBC.

10. PSA Pillai's Criminal Law, 13th Ed. Revised by K.I. Vibhute, LexisNexis, New Delhi.

11. J.D. Mayne, Indian Penal Code (Ed. II 1901, p.242-249).

12. K.N. Chndranshekhar Pillai, Essay’s on Indian Penal Code, Indian Law Institute.

13. R.C. Srivastava, Law Relating to Crime and Punishment, Manav Law House, Allahabad.

14. K.D. Gaur, A Text Book on Indian Penal Code Universal Law Publishing.

15. K.D. Gaur, Criminal Law Cases and Material, Buttersworth.

16. Ratanlal and Dhirajlal, The Indian Penal Code, Wadhwa and Company, Nagpur.
LDSE 0506 Equity and Trust Law:

Objectives of the Course: Trust being an obligation connected with property, the law has to play

a key role in protecting interests of persons for whose benefit trust is created and for balancing

the rights and duties of persons connected with trust transactions. There are also instances
where

even in the absence of specific trust, law has to protect the beneficial interests of persons on

equitable considerations. Trusts may also be created for public purposes of charitable and

religious nature. The existing laws in respect of trusts, equitable and fiduciary relations

connected with property are to be taught in detail. The objectives of the course are to enable the

students to acquire knowledge of law on private and public trust and also the principles of
equity.

Part I

The Indian Trusts Act, 1882:

Module 01 Introduction to Private Trust:

1. Objects, Basic Concepts, Kinds of Trusts

2. Private trust and Public trust

3. Comparison of Trust with other relationships - Trust and Ownership, Trust and Bailment,

Trust and Agency, Trust and Contract, Trust and Equitable Charge, Trust and Mortgage, Trust

and Administration

Module 02 General Principles:

1. Creation of Trusts

2. Appointment of Trustees

3. Vacating the Office of Trustee

4. Extinction of Trusts

Module 03 Regulation of Relationship Between Trustee and Beneficiary:

1. Duties and Liabilities of Trustees

2. Rights and Powers of Trustees

3. Disabilities of Trustees

111 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

4. Rights and Liabilities of the Beneficiary

5. Certain Obligations in the Nature of Trusts

6. Fiduciary Relationship - Meaning, Express and Constructive Trusts, Application of the

Principle of fiduciary Relations and Exceptions.

Part II

The Maharashtra Public Trusts Act, 1950:

Module 04 Introduction to Public Trust:

1. Objects, Application, Basic Concepts / Definitions, and Kinds of Trusts

2. Establishment

3. Charitable Purposes and Validity of Certain Public Trusts

4. Registration of Public Trusts

5. Change Reports

6. Framing of Schemes

Module 05 Supervision and Control of Public Trusts:

1. Budget, Accounts and Audit

2. Powers and Duties of, and Restriction on Trustees

3. Control of Public Trusts - Powers and Functions of Charity Commissioner

4. Other Functions and Powers of Charity Commissioner

Module 06 Special Provisions under the Act:

1. Special Provision as Respects Religious and Charitable Institutions and Endowments

2. Public Trusts Administration Fund

3. Offences and Penalties

4. Function of Charity Commissioner, Procedure, Jurisdiction and Appeals

Part III

Principles of Equity:

Module 07 Development and Maxims of Equity:

1. Concept of Common Law and Common Law Courts

2. Concept and Definition of Equity

3. Origin and Development of Equity

4. Fusion of Common Law and Equity

112 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

5. Recognition of Equity under Indian Legal System - Overview

6. Maxims of Equity -

a) Equity will not suffer a wrong to be without a remedy

b) Equity follows the law

c) He who seeks equity must do equity

d) He who comes to equity must come with clean hands

e) Delay defects equity

f) Equality is equity

g) Equity looks upon that has done which ought to have been done

h) Equity looks to the intent rather to the form

i) Equity imputes an intention to fulfill an obligation

j) Equity acts in personam

k) Where the equities are equal the first in time shall prevail

l) Where there is equal equity, the law shall prevail

Recommended Readings:

1. S. Krishnamurthy Aiyar and Harbans Lal Swin, Principles and Digest of Trusts Laws (1998),

University Book Agency, Allahabad.

2. R.E. Megarry and P.V. Baker, Snell's principles of Equity (1964) ELBS, Sneet and Maxwell.

3. Iyer N., Indian Trust Act (1997), Delhi Law House, New Delhi.

4. Rajarathnam, Natarajan and Thankaraj, Commentary on Charitable Trusts and Religious

Institutions (2000) Universal, Delhi.

5. Rao. C.R, The Indian Trust Act and Allied Laws, Puliani and Puliani Booksellers, Bangalore

(1999).

6. Rangacharya I V, The Indian Trusts Act, Madras Law Journal Office (1972).

7. B.M. Gandhi - Equity, Trusts and Specific Relief (Eastern Book Company, Lucknow)

8. Aggarwal O P, The Indian Trusts Act.

9. Tandon M P, The Indian Trusts Act, Allahabad Law Agency.

10. Chaudhari D H, The Bombay Public Trusts Act, 1950.

11. Shah K N, The Bombay Public Trusts Act, 1950.

12. Apte M S, The Bombay Public Trusts Act, 1950.

LGE 0509 Intellectual Property Rights:

This course is designed with the objective to acquaint the students with the basic
understanding

of intellectual properties and the laws created for their protection. It will also discuss the
impact

of international instruments on intellectual properties on our domestic laws and aims at

sensitizing the students about the current legal issues in the field of intellectual property at

national level.

Module 01: Understanding Intellectual Property

1. Meaning and Theories for Justification of Intellectual Property

2. History and Origins of Intellectual Property

3. Internationalization of IP Protection: Paris Convention for Protection of Industrial Property,

Berne Convention for Protection of Literary and Artistic Works, and the TRIPS Agreement

4. International Agencies for Coordination of IP Protection: WIPO and WTO

Module 02: Copyright and Neighbouring Rights

1. Understanding Copyright: Meaning of Originality, and the Idea Expression Dichotomy

2. Understanding Neighbouring Rights: Performers’ Rights and Broadcasting Organizations’

rights under the Rome Convention for the Protection of Performers, Producers of Phonograms

and Broadcasting Organisations (1961) and the WIPO Performances and Phonograms Treaty

3. Copyright and Neighbouring Rights under the TRIPS Agreement: Article 9 - 14

4. The Indian Copyright Act, 1957: Definitions, Subject matter of Copyright, Authorship and

Ownership of Copyright. Registration of Copyright, Term of Copyright, Assignment,

Transmission, Licenses (Compulsory, Statutory, and Voluntary)

5. Copyright Societies and Recognition of International Copyright under the Indian Copyright

Act

6. Economic and Moral Rights Conferred by Copyright, Exceptions to Copyright Protection

119 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

7. Direct and Indirect Infringement of Copyright, Technological Protection Measures and

Digital Rights Management, Plagiarism vs Copyright infringement, Remedies against

Infringement

8. Rights of Performers, Phonograms & Broadcasts, Moral Rights of Author

Module 03: Patents

1. Understanding Patents: Meaning and Eligibility Criteria (Patentable and Non-Patentable

Inventions)

2. TRIPS Agreement on Patents: Article 27 - 34,

3. Convention Application, PCT International Application, and Budapest Treaty

4. The Patents Act, 1970: Procedure for Grant of a Patent, Pre and Post grant opposition, term

of patent, Patent of Addition

5. Rights and Obligation of Patentee, Revocation and surrender of Patent.

6. Assignments and Licensing of Patents including Compulsory Licenses, Governmental Use

of Patents

7. Infringement of Patent & Remedies

8. Controller of Patents, Patent Agents

Module 04: Trademarks

1. Understanding Trademark: Meaning and Eligibility Criteria

2. TRIPS Agreement on Trademark: Article 15 - 21

3. Madrid Agreement Concerning the International Registration of Trademark and Nice

Classification

4. Trademarks Act 1999: Absolute and Relative Grounds of Refusal, Procedure of Registration,

Duration, Renewal, Removal & Restoration of Trademark

5. Non-conventional trademarks, Protection of Domain Names

6. Effect of Registration, Infringement & Passing-off, Exceptions and Remedies

7. Parallel Importation

8. Licenses, Assignment and Transmission

Module 05: Industrial Designs

1. Understanding Industrial Designs: Meaning and Eligibility Criteria

2. TRIPS Agreement on Industrial Designs: Articles 25 and 26

3. Hague Agreement Concerning International Registration of Industrial Designs

4. The Designs Act 2000: Registration of Designs, Procedure of Registration, Term of Designs

5. Restoration & Cancellation of Registered Registration

120 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

6. Rights of Design Holders, Piracy of Registered Designs & Remedies

Module 06: Geographical Indications

1. Understanding GI: Meaning, Definition, and Eligibility Criteria

2. TRIPS Agreement on GI: Article 22 - 24

3. Lisbon Agreement for the Protection of Appellations of Origin and their International

Registration 1958

4. Distinction between Geographical Indications and Trademarks

5. Registration of GI, Effect of Registration, Rights and Remedies

Module 07: Protection of other Types of Intellectual Property Rights

1. Layout Designs/Topographies Integrated Circuits

2. Protection of Plant Varieties and Farmers’ Rights

3. Protection of Confidential Information & Trade Secrets

4. Protection of Traditional Knowledge and Biodiversity

Suggested Readings:

1. Trade Related Aspects of Intellectual Property Rights (2nd Edition): A Commentary on the

TRIPS Agreement, Carlos Maria Correa, Oxford University Press, (2020).

2. Intellectual Property Rights in the WTO and Developing Countries, Jayashree Watal,

Kluwer Law International, (2002).

3. Overlapping Intellectual Property Rights, by Neil Wilkof, Shamnad Basheer, Oxford

University Press, (2013)

4. Diversity in Intellectual Property: Identities, Interests, and Intersections, Srividhya

Raghavan, Cambridge University Press, (2015)

5. Tamali Sen Gupta, Intellectual Property Law in India, Wolters Kluwer, Law & Business

(2011)

6. Brainbridge, Intellectual property. New Delhi: Pearson Education (Singapore) Pvt. Ltd.

7. Choudhary D. N., Evolution of patent Laws. New Delhi: Capital Law House.

8. William Cornish & David LLewelyn, Intellectual Property: Patents, Copyright, Trade

Marks, and Allied Rights. London: Sweet and Maxwell.

9. Epstein M A, Epstein on Intellectual property (Indian Reprint). New Delhi: Wolters Kluwer

Law and Business.

10. Intellectual Property, Elizabeth Verkey and Jithin Saji Isaac, Eastern Book Company,

2021.

121 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.
11. Gopalkrishnan N S, & Agitha T G, Principles of Intellectual property. Luckhnow: Estern

Book Company.

12. Kankanala K C, Genetic Patent Law and Strategy. Noida, India: Manupatra Information

Solutions Pvt. Ltd.

13. Rama Sarma, Commentary on Intellectual property Laws, Vol.2. Nagpur: Lexis Nexis

Butterworths Wadhawa.

14. Prabuddha Ganguli, Gearing up for Patents - The Indian Scenario, The Universal Law

Publishing.

15. Parmeswaran Narayanan, Intellectual Property Law, Eastern Law House.

16. Intellectual Property Rights - A Textbook on IPR (Intellectual Property Rights), by Dr.

Rakesh Kumar Singh, Arunabha Banerjee, LexWorth (2022).

17. B L Wadehra, Law Relating to Intellectual Property: Patents, Trademarks, Designs and

Geological Indications, etc.

18. Robert Merges & John Duffy, Patent Law and Policy: Cases and Materials, 2017.

19. Feroz Ali Khader, The Law of Patents - With a special focus on Pharmaceuticals in India,

Lexis Nexis Butterworths Wadhwa, Nagpur.

20. Lionel Bentley & Brad Sherman, Intellectual Property Law, Oxford University Press.

21. Gregory Stobbs, Software Patents Worldwide, Wolters Kluwer.

22. Ahuja V K, Law Relating to Intellectual Property Rights (LexisNexis, New Delhi, 2017)

23. Reddy G B, Intellectual Property Rights and the Law (Gogia Law Agency, Hyderabad
LDSE 0507 Criminal Psychology and Criminal Sociology:

Objectives of the Course: The course is designed to acquaint students with advances made by

sociology and psychiatry in understanding human Behaviour, particularly, deviant Behaviour.

The objective of the course is to provide in-depth understanding of crime causation and its

prevention. Advancement in the science of psychiatry and sociology has changed the

understanding of criminology as a science. At the end of the course, students would be able to

understand the causation of crime in a better scientific and rational manner.

Module 01 Crime, Criminal and Criminology:

1. What is crime? Who is the criminal?

2. What is Criminology?

3. Schools of Criminology -

a) The Pre-Classical School

b) The Classical School

c) Neo-Classical School

4. Positivist Approach - Radical Positivism and Liberal Positivism

a) Cesare Lombroso

b) Enrico Ferri

c) Raffaele Garofalo

d) Gabrial Tarde

Module 02 Psychology and Crime:

1. Meaning, purpose and scope of criminal psychology

2. Psychological vs. Psycho - analytical approach to crime

3. Behaviourist approach to crime

4. Definition of criminal Behaviour - Psychodynamics of criminal Behaviour.

5. Mental illness and crime

6. Human aggression and violence to crime

Module 03 Psychometric Test - Its use in Criminal Behaviour:

1. Measurement of criminal Behaviour - Psychological test to measure criminal Behaviour

114 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

2. Criminal profiling: Definition and process of profiling criminal personality

3. Factors underling criminal profiling

4. Merit and demerit of criminal profiling

Module 04 Forensic Psychology - Concept and Importance:

1. Definition, meaning and scope of forensic psychology

2. Historical background of forensic psychology in India and abroad

3. Role of forensic psychology in the investigation of crime

4. Psychology and the police

5. Application of psychology in court

6. Application of psychology in prison

Module 05 Sociological Theories - Crime and Social Structure:

1. Social structure theory

2. Social disorganization theory

3. Merton, anomie and strain

Module 06 Subcultural Theories:

1. Cohen’s theory of the delinquent subculture

2. Miller’s lower-class gang delinquency

Module 07 Crime and Social Process:

1. Socialization and Crime - Differential association theory

2. Differential reinforcement theory

3. Neutralization and rift theory

4. Hirsch’s Social Control or Social Bond Theory

5. Becker’s Labelling theory

6. Self-Control and Self Esteem as related to crime

Recommended Readings:

1. Akers, Ronald. L. and Sellers, Christin, S. (2004) Criminological Theories (4th Edition) Rawat

Publication, New Delhi.

2 SPP University • Revised Curriculum • Degree Courses in Law • B.A. LL.B., B.B.A. LL.B.

and LL.B.

2. Void, George B., Bernard Thomas J., and Snipes, Jeffrey B. (2002), Theoretical Criminology,

Oxford University Press, Oxford.

115 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.

3. Siegel, L.J (2003) Criminology, (8th Edition) Wadsworth, USA.

4. Schmalleger Frank, Criminology Today, (1996) Prentice Hall, New Jersey.

5. Dennis Howitt, 2002, Forensic and Criminal Psychology, Prentice Hall.

6. Encyclopedia of Criminal and Deviant Behaviour, 2001, Clifton D. Part, Editor-in Chief,

Brunner Routledge Taylor and Frances Group.

7. Bartal, Curt R, 1999, Criminal Behaviour: A Psychosocial Approach, 5th edition, Prentice

Hall, New Delhi.

8. Hollin, Clive R Routledge and Kegan Paul, 1989, Psychology and Crime: An introduction to

Criminal Psychology, London.

9. Dartmouth Aldershot, 1987, Criminal Detection and Psychology of Crime.

10. Harvard LPC Forensic Psychology, 1981, Professor of Clinical Psychology, University of

Surrey, Batsford Academic and Educational Ltd. London.

11. Adman Raine, 1983, The Psychopathology of Crime, Criminal Disorder, Academic Press,

Inc.

12. Navin Kumar, (2015), Criminal Psychology, LexisNexis, New Delhi.

13. Shukla Girjesh, (2013), Criminology, LexisNexis, New Delhi.

14. McLaughlin Eugene and Newburn Tim (Ed) (2010), the Sage Handbook of Criminological

Theory, Sage Publication Ltd, New Delhi.

15. Prof. N.V. Paranjape, Criminology and Penology with Victimology, Central Law

Publications.

16. S.M.A. Qadri, Criminology and Penology, Eastern Book Company.

17. Dr. Krishna Pal Malik, Penology, Victimology and Correctional Administration in India,

Allahabad Law Agency.

18. J.P. Sirohi, Criminology and Criminal Administration, Allahabad Law Agency.