I.E.C. UNIVERSITY BADDI (SOLAN) H.P. · 2016-07-12 · 1 Study & Evaluation Scheme Of Bachelor of...

1

Study & Evaluation

Scheme

Of

Bachelor of Law (LLB) 3 year

[Effective from Academic Session 2014 - 2015]

I.E.C. UNIVERSITY

BADDI (SOLAN) H.P.

2

IEC University, Baddi SCHEME OF STUDY & EVALUATION FOR

LLB PROGRAM FIRST YEAR

SEMESTER I Course Periods Evaluation Scheme Course Total

Sr.

No

Code Title L T P Sessional Marks Exam

marks

Marks Credits

MSE CA P Total ESE

Theory

1 LLB-101 Contract –I 4 0 0 20 20 0 40 60 100 4

2 LLB-102 Law Of Torts And

Consumer Protection

Act

4 0 0 20 20 0 40 60 100 4

3 LLB-103 Constitutional Law-I 4 0 0 20 20 0 40 60 100 4

4 LLB-104 Family Law –I

(Hindu Law)

4 0 0 20 20 0 40 60 100 4

5 LLB-105 Legal Language 4 0 0

20 20 0 40 60 100 4

Total 20 0 0 100 100 0 200 300 500 20

3


LLB PROGRAM FIRST YEAR

SEMESTER II Course Periods Evaluation Scheme Course Total

Sr.

No


marks

Marks Credits

MSE CA P Total ESE

Theory

1 LLB-201 Law Of Crimes-I

(Indian penal Code,

1860)

4 0 0 20 20 0 40 60 100 4

2 LLB-202 Contract –II 4 0 0 20 20 0 40 60 100 4

3 LLB-203 Constitutional Law-II 4 0 0 20 20 0 40 60 100 4

4 LLB-204 Environmental Law 4 0 0 20 20 0 40 60 100 4

5 LLB-205 Family Law-II 4 0 0

20 20 0 40 60 100 4

Total 20 0 0 100 100 0 200 300 500 20

4


LLB PROGRAM SECOND YEAR

SEMESTER III Course Periods Evaluation Scheme Course Total

Sr.

No


marks

Marks Credits

MSE CA P Total ESE

Theory

1 LLB-301 Jurisprudence 4 0 0 20 20 0 40 60 100 4

2 LLB-302 Law Of Crimes-II

(The Code Of

Criminal Procedure,

1973)

4 0 0 20 20 0 40 60 100 4

3 LLB-303 Cyber Laws &

Crimes

4 0 0 20 20 0 40 60 100 4

4 LLB-304 Professional Ethics,

Accountancy For

Lawyers And Bench

Bar

Relations(Practical/Cl

inical-I)

2 0 8 0 0 40 40 60 100 6

5 LLB-305 Administrative Law 4 0 0

20 20 0 40 60 100 4

Total 18 0 8 80 80 40 200 300 500 22

http://www.pdfcomplete.com/cms/hppl/tabid/108/Default.aspx?r=q8b3uige22





5


LLB PROGRAM SECOND YEAR

SEMESTER IV Course Periods Evaluation Scheme Course Total

Sr.

No


marks

Marks Credits

MSE CA P Total ESE

Theory

1 LLB-401 Labour And

Industrial Law

4 0 0 20 20 0 40 60 100 4

2 LLB-402 Public International

Law

4 0 0 20 20 0 40 60 100 4

3 LLB-403 Law Of Evidence 4 0 0 20 20 0 40 60 100 4

4 LLB-404 Banking Law 4 0 0 20 20 0 40 60 100 4

5 LLB-405 Alternative Dispute

Resolution

(Practical/Clinical-II)

2 0 8 0 0 40 40 60 100 6

Total 18 0 8 80 80 40 200 300 500 22

6


LLB PROGRAM THIRD YEAR

SEMESTER V Course Periods Evaluation Scheme Course Total

Sr.

No


marks

Marks Credits

MSE CA P Total ESE

Theory

1 LLB-501 Property Law

Including Transfer Of

Property Act

4 0 0 20 20 0 40 60 100 4

2 LLB-502 Civil Procedure Code

& Limitation

4 0 0 20 20 0 40 60 100 4

3 LLB-503 Law Of Intellectual

Property

4 0 0 20 20 0 40 60 100 4

4 LLB-504 Company Law 4 0 0 20 20 0 40 60 100 4

5 LLB-505 Drafting, Pleading &

Conveyance(Practical

/Clinical-III)

2 0 8 0 0 40 40 60 100 6

Total 18 0 8 80 80 40 200 300 500 22

7


LLB PROGRAM THIRD YEAR

SEMESTER VI Course Periods Evaluation Scheme Course Total

Sr.

No


marks

Marks Credits

MSE CA P To

tal

ESE

Theory

1 LLB-601 Property Law

Including Transfer Of

Property Act

4 0 0 20 20 0 40 60 100 4

2 LLB-602 Civil Procedure Code

& Limitation

4 0 0 20 20 0 40 60 100 4

3 Optional Paper (Choose

Any One)

4 0 0 20 20 0 40 60 100 4

5 LLB-608 Moot Court

(Practical/Clinical-

IV)

0 0 12 0 0 100 100 - 100 6

Total 12 0 12 60 60 100 220 180 400 18

Optional Papers (Choose any one)

LLB 603 - Principles of Taxation Law

LLB 604 - International Human Rights

LLB 605 - Women and Law and Law Relating To Child

LLB 606 - Trusts, Equity And Fiduciary Relationships

LLB 607 – Criminology & Penology

8

DETAILED SYLLABUS LLB 3 Year

Semester I L T P

Course Code: LLB 101 CONTRACT –I 4 0 0

Note: Ten Questions shall be set with two questions from each unit. The candidates shall be

required to attempt five questions in all, selecting one question from each unit. All questions

shall carry equal marks

UNIT – I

History – Formation of Contract – Agreement and Contract – Definitions – Classification-

Offer and Acceptance – Communication – Revocation – Essential elements – Invitation

to Offer – Tenders. Consideration –NudumPactum- Essential elements – Privity of

Contract and of Consideration – Exceptions – Unlawful Consideration and its effect.

UNIT – II

Capacity to Contract – Minor„s Agreements and its effects – Persons of unsound mind –Persons

disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation – Fraud

– Mistake –Legality of Object.

UNIT –III

Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions

– Contingent Contracts.

UNIT – IV

Discharge of Contracts and its various Modes – by performance – Time and place of

performance – Performance of reciprocal promises - Appropriation of Payments –Discharge by

Agreement – By operation of Law – By frustration (Impossibility of Performance) – By

Breach (Anticipatory and Actual).

UNIT – V

Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment

of damages -Injunction – When granted and when refused– Restitution – Specific performance

when granted – Quasi Contracts.

Reference Books:

1. Anson: Law of Contract, Clarendon Press, Oxford, 1998.

2. Krishnan Nair: Law of Contract ,S.Gogia& Co., Hyderabad 1995.

3. G.C.V. SubbaRao: Law of Contract, S.Gogia& Co., Hyderabad 1995.

4. T.S.VenkatesaIyer: Law of Contract, revised by Dr. Krishnama Chary, S. Gogia& Co.

5. Avtar Singh: Law of Contract , Eastern Book Company, Lucknow, 1998

6. Dr. R.K. Bangia :Indian Contract Act

9


Semester I L T P

4 0 0

Course Code: LLB 102 LAW OF TORTS AND CONSUMER PROTECTION ACT

UNIT I

Law of Torts: Nature and Definition of Tort Various definitions of tort, nature of tort, essentials

of tort, mental elements in tortious liability.. General Defences Capacity- Minor, Corporation,

Convict, Husband and Wife, Sovereigns.Joint tort feasors and Independent tort

feasors.Vicarious Liability - Master-Servant Principal-Agent; Vicarious Liability of the State-

position In India. Remoteness of Damage - Test of directness, test of reasonable foresight

UNIT II

Trespass: Trespass to the person, Assault Battery and False Imprisonment and Remedies

Trespass to Land : Meaning, trespass ab Initio and remedies, Trespass to goods: Meaning,

conversion of goods - meaning, kinds of conversion; detinue, Negligence: Essentials of

negligence; Contributory Negligence, Nuisance : Kinds of nuisance, Essentials, Defences,

Nervous Shock

UNIT III

Rule of Strict Liability, Rule and exceptions; The Rule of absolute liability, Liability for

dangerous animals, Scienter rule, cattle trespass and ordinary liability, Liability for dangerous

chattels, Liability towards Immediate transferee, towards ultimate transferee, Liability for

dangerous promises, Obligation towards lawful visitors, trespassers and children

UNIT IV

Deceit, Discharge of tortious liability, Death in relation to tort, Effect of death on a subsisting

cause of action, causing of death as being actionable as a tort, Remedies: Damages, Injunctions,

specific restitutions; extra judicial remedies.

UNIT V

Consumer Protection Act 1986 : Consumer Movements: Historical Perspective, Consumer: The

concept Consumer of goods and services; service, commercial service and consumer safety;

unfair trade Practices, Enforcement of consumer rights.

Reference Books:

1. Salmond Law of tort : Law of Torts

2. Ratanlal and Dhirajlal : Law of Torts

3. Winfield : Law of Torts

4. Agarwal V.K : : Consumer Protection

10


Semester I L T P

Course Code: LLB 103 CONSTITUTIONAL LAW-I 4 0 0

UNIT I

Nature of Indian Constitution, Preamble, Union and its Territory (Arts 1-4), Citizenship (Arts

5-11) , Definition of State (Art 12)

UNIT II

Judicial Review (Article 13) , Right to Equality (Article 14) ,Prohibition on grounds of

Religion, Race, Caste, Sex, Place of Birth (Article, 15), Equality of Opportunity in Public

Employment (Article 16) , Abolition of Untouchability and Titles (Articles 17-18)

UNIT III

Basic freedoms (Article 19), Protection in respect of conviction for offences (Article 20) ,

Right to Life and Personal Liberty (Article 21) , Safeguards against arbitrary arrest and

detention (Article 22)

UNIT-IV

Right against exploitation (Articles 23-24) , Freedom of Religion (Articles 25-28) , Cultural

and Educational Rights of Minorities (Articles 29-30) , Constitutional Remedies (Articles 32-

35)

UNIT-V

Directive Principles of State Policy and their relation with Fundamental Rights (Articles 36-

51) , Fundamental Duties (Article 51-A) Fundamental Duties (Article 51-A) Facts and Law

laid down in Maneka Gandhi V Union of India AIR 1978 SC,Facts and Law laid down in

Indira Sawhney V Union of India AIR 1993 SC 477

REFERENCE BOOKS

1. Austin Granville- The Indian constitution: Cornerstone of a Nation.

2. Seervai H.M. - Constitution of India

3. Jain M.P. Indian Constitutional Law

4. Shukla V N- Constitution of India (ed. By M.P. Singh)

5. Basu D.D. Shorter Constitution of India



11


Semester I L T P

Course Code: LLB 104 FAMILY LAW –I (HINDU LAW) 4 0 0

UNIT I

Marriage - Evolution of the Institution of Marriage and Family-A detailed study of

Hindu Marriage Act, 1955 – Matrimonial Remedies - Maintenance and Alimony;

Customary Practices and legislative provisions relating to dowry prohibition.

UNIT II

Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of

Guardians;

UNIT III

A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance:

Traditional Rights and Rights under Hindu Adoption & Maintenance Act1956.

UNIT IV

Muslim Law of Marriage, Dower, Divorce, Talak, and Acknowledgement of paternity

UNIT V

Maintenance of Muslim women: The Muslim Women s (Protection of Right on Divorce)

Act, 1986, Dissolution of Muslim Marriage Act, 1939, Facts and the principle of Law laid

down by the Supreme Court in the case of Mohd. Ahmed khan Vs. Shah BanoBegam, AIR

1985 SC 945.

Books Recommended

1. Mulla, D.N. Hindu Law.

2. ParasDiwan, Modern Hindu Law.

3. ParasDiwan, Muslim Law in Modern India

4. Fyzee, Qutlines of Mohammedan Law.

5. Derrett J.D.M. Introduction to Modern Hindu Law.

12


Semester I L T P

Course Code: LLB 105 LEGAL LANGUAGE 4 0 0

UNIT -I

Characteristics of Legal Language: Meaning of Legal Language , Scope and Domain of

Legal Language , Problems of Legal Language ,Problems of Legal Language in Drafting

UNIT –II

Legal Terminology: Ad hoc, Ad interim, Animoattestandi, Alibi, Ad valorem, Ambiguitas

– patent, Ambiguitas – latents, Amicus Curiae, Animus possidenti, Bona Fide(s), Corpus

juriscivilis, Caveat emptor, De facto, De jure, Detenu, En masse, Ex officio, Ex-cathedra,

Ex-parte, Ex-gratia, En-route, Enslegis, Ex post facto, Factum valent, In pari delicto, In pari

material, In lieu of, In personam, In rem, Inter se, Impasse, In situ, Inter alia, In toto, Ipso

facto, Intra vires, Jure Divino, Jus in rem, Jus ad rem, Jus tertii, Jus in re aliena, Jus in re

propria, Jus gentium, Jus natural, Laissez faire, Legalis homo, Lex loci, Locus standi,

Magnum bonum, Magnum opus, Mala fides, Modus operandi, Mutatis and mutandis, Note

bene, Novus homo, Onus probandi, Obiter dictum, Prima facie, Quid pro quo, Res

integra, Resnullius, Sine qua non, , Status quo, Suomotu, Ultra vires, .

UNIT –III

Legal Maxims : Actusdeineminifacitinjuriam , Actus non facitreumnisimens sit rea ,

Actuspersonalismoritur cum persona , Audi alterampartem , Communis error facit jus ,

Damnum sine injuria , Delegates non potestdelegare , Ex turpicausa non oritur action , Falsus

in unofalius in omnibus , Generaliaspecialibus non derogant ,

Ignorantiafacitexcusatignorantiajuris non excusat , Injuria sine damno , Nemodat quod non

habet , Novus actusinterveniens or nova causainterveniens , Noscitur a sociis , Par in partem

imperium non habet , Qui facit per aliumfacit per se , Respondeat superior , Res ipsaloquitor ,

Res non potestpeccare , Ubi jus ibi idem remedium , Vigilantibuset non domientibus,

jurasubveniunt, Volenti non fit injura

UNIT –IV

Fundamental Principles of Legal Writing ,Concision, clarity and cogency : Simplicity of

structure, Title, Heading , Use of italics , Numbers , Definition of terms ,Contractions , Use

of first person, Ellipses & alterations , Citations, references and foot notes

UNIT-V

13

Legal Drafting in English,: Notices , Affidavit , Sale deed , Gift deed , Mortgage deed , Lease

deed , Agreement of sale , Promissory note , Plaint , Written statement, Will, Exchange deed ,

Paraphrasing.

REFERENCE BOOKS

1. Legal Language – Dr. Madabhishi Sridhar

2. Legal Language and Legal Writing – S. K. Mishra

3. Legal Language, Legal writing and general English – Prof. Dr. Saria Gupta and B. P.

Agrawal

4. Outline of Legal language in India – Dr. AnirudhPrashad

5. Legal Language and Legal rights – S. N. Mishra

6. Legal language and Legal rights – Tandon

7. English Grammar – Wren and Martin

14


Semester II L T P

4 0 0

Course Code: LLB 201 LAW OF CRIMES-I (INDIANPENAL CODE, 1860)

UNIT-I

Elements of Crime: ActusReas&Mensrea , Joint & Constructive Liability (SS 34-39 and

S.149) , General Defences I: Mistake (SS 76 & 79), Accident (S.80), Necessity (S.81),

Intoxication (S 85 & 86), Triviality (S.95) , General Defences II Insanity (S.84), Consent (SS

88-92), Private Defence (S.96-106)

UNIT-II

Abetment (SS 107-120) , Criminal Conspiracy (SS 120A, 120 B) , Attempt (SS 511, 307,

309) , Rioting & Affray (SS 146-148, 159-160)

UNIT-III

Culpable Homicide & Murder (SS 299, 300, 302, and 304) , Hurt & Grievous Hurt (SS 319-

325) , Wrongful Restraint & Wrongful Confinement (SS 339-342) , Kidnapping & Abduction

(SS 359-362) , Rape & Unnatural Offences ((SS 375 & 377)

UNIT-IV

Theft (SS 378& 379) Extortion (SS 383& 384), Robbery &Dacoity (390-395) , Criminal

Misappropriation of Property & Criminal Breach of Trust (SS 403- 406) , Cheating (SS 415-

420) , Mischief (SS 425-426), Criminal Trespass (SS 441-448)

UNIT-V

Cruelty & Dowry Death (S 498 A & 304 B) , Bigamy & Adultery (SS 494, 495, 497) ,

Outraging the modesty of Women (S 354), Defamation (SS 499-500)

REFERENCE BOOKS:

1. H.S. Gour, Penal Law of India, Vols. I toIV

2. Rattan Lal&DhirajLal, Indian Penal Code

3. R.A. Nelson s Indian Penal Code Vols. I to IV Butterworths Delhi

4. S.N. Misra, Indian Penal Code




15


Semester II L T P

Course Code: LLB 202 CONTRACT –II 4 0 0

UNIT I

Contracts of indemnity & guarantee, Bailment: Bailor‟s duty, Rights & duties of bailee,

position of finder of goods, Pledge, Agency: Kinds of agents, Ratification duties of agent,

Rights and duties of agent & duties of principal, Liability of agent and Principal,

Termination of agency

UNIT II

Indian Partnership Act - Introduction: Meaning and definition of partnership, Basic

essentials of partnership, Mode of determining existence of partnership Comparison

between partnership and co-ownership, Comparison between partnership and joint family

business, Comparison between partnership and company, Partnership at will, Rights of

partners, Duties and obligations of partners, Relations of partners to third persons: Liability

of firm for acts of partners Liability of the partners towards third parties, Implied authority of

a partner. Scope of such Implied authority, Doctrine of holding out, Minor, Incoming

partners: Modes of introduction, liability, Retirement of a partner, Expulsion of a partner,

Dissolution of firm: Liability, accounts, public notice, Rights, payment of debts, Restraint of

trade, Good will, Registration of firm: Advantages of registration, Effects of non-registration,

Registration Subsequent to filling of suit

UNIT III

Sale of Goods Act - Introduction: Definition and essentials of sale, Define Goods and

Different kinds of goods Difference between contract of sale and agreement to sell.

Differentiate between hire-purchase and contract of sale, Implied conditions and Warranties

in a contract of sale, Transfer of property and Title: Transfer of property in Specific Goods,

and Unascertained goods Transfer of title: Rule of Nemodetquodnonhabet, Exceptions of the

rule, Performance of Contract: Kinds of delivery, Rules regarding delivery, Rights of Unpaid

Seller: Rights to LIEN, Right to stoppage in transit and right to resale, Suits for breach of

Contract

UNIT IV

Negotiable instruments Act: Definition and essentials of Negotiable Instruments, Promissory

note: Definition, Nature and Essentials of Promissory Note, Bill of exchange: Definition and

essentials of a bill of exchange. Bills in sets Distinction between bill of exchange and

16

Promissory Note, Cheque: Definition and essentials of a cheque. Distinction between Cheque

and bill of exchange.

UNIT V

Negotiation: Endorsement and its kinds, Definition for holder, and, holder in due course,

Holder in due course: Rights and privileges of a holder in due course of a negotiable

instrument, Payment in due course, Parties to negotiable instruments and their liability,

Modes of discharge from liability: payment cancellation, release, non-presentment, etc.,

Crossing of cheques, Dishonour of cheques: Criminal liability of drawer for issuing cheques

without funds, Presentment: Presentment for payment, Dishonour: Non acceptance, non

payment, Notice of dishonour, Noting and protest

Maturity of negotiable Instruments, Special rules of evidence, Rules of International law

REFERENCE BOOKS

1. Mulla : Indian Contract Act

2. Avtar Singh : Law of Contract

3. Arison : English Law of Contract

4. Avtar Singh : Principles of Mercantile Law

5. Bangla R.K : Principles of Mercantile Law

17


Semester II L T P

Course Code: LLB 203 CONSTITUTIONAL LAW-II 4 0 0

Unit-I

Qualifications and Election of President of India , Resolution of disputes regarding the

election of President , Procedure for Impeachment of President , Powers and Position of

President and relationship with Council of Ministers , Power and position of a Governor

of State and relationship with Council of Ministers

Unit-II

Composition of Parliament and qualification of its members , Disqualification of Members of

Parliament, Procedure for passing of Bills, Principle of collective responsibility,

Parliamentary Privileges

Unit-III

Appointment of Chief Justice of India and other Judges of Supreme Court, Jurisdiction of

Supreme Court , Appointment and Transfer of Judges of High Courts , Jurisdiction of High

Courts ,Independence of Judiciary

Unit-IV

Relation between Union and States: Legislative Relation , Administrative Relation , Financial

Relations; State Liability in Torts and Contracts , Freedom of Trade, Commerce and

Intercourse within the Territory of India

Unit-V

Services under the Union and the States , The Emergency provisions - The Amendment of the

Constitution

Reference Books

Austin, Granville- The Indian Constitution: Cornerstone of a Nation

1. Seervai, H.M. Constitution of India

2. Jain, M.P. Indian Constitutional law

3. Shukla, V.N. Constitution of India (ed. By .P. Singh)

4. Basu, D.D. Shorter Constitution of India




18


Semester II L T P

Course Code: LLB 204 ENVIRONMENTAL LAW 4 0 0

UNIT I

Definition of Environmental Pollution, causes, sources and effects of Pollution in

General and brief.Definition, Meaning and Nature of Environmental Law.

UNIT-II

The Environment (Protection) Act 1986: Definitions (Section 2), General Powers of Central

Government (Sections 3-6), Prevention, control and Abatement of Environment Pollution

(Sections 7-17), Miscellaneous Provisions (Sections 18-26).

UNIT-III

Water and Air Pollution: Water (Prevention and control of Pollution) Act, 1974 , Definition

(Section 2), The Central and State Boards for Prevention and Control of , Water Pollution

(Sections 3-12), Joint Boards (Sections 13-15), Powers and Functions of Boards (Sections

16-18), Prevention and Control of Water Pollution (sections 19- 33A), Funds accounts and

Audit (sections 34-40), Penalties and Procedures Sections 41-50), Miscellaneous- Provisions

(Sections 51-64). Workings and Defects of the Act of 1974, Air Preventions and Control of

Pollution Act, 1981: Definitions, Sources and Effects of Air Pollution, Central and State

Boards for the prevention and control of Air Pollution (section3-15), Powers and functions

of Boards, (Sections 16-18), Prevention and Control of Air Pollution (Sections 19-31A),

Funds, Accounts and Audit (sections 32-36), Penalties and Procedures including

Miscellaneous Provisions (sections 37-54), the Facts and the Principle of Law laid down in

the case of M.C. Mehta Vs. Union of India (1997), 2 SCC 353 (TajMahal Case).

UNIT-IV

Noise Pollution: Concept of Noise Pollution, sources and Effects of Noise Pollution, Legal

and Judicial Controls, The Wild Life (Protection) Act 1972: Definitions (Section 2),

Authorities under the Act (sections 3-8), Hunting of Wild Animals (Sections 9-12),

Protections of Specified Plants (Sections 17-A 17H) Sanctuaries, National Parks and

Closed Areas (Sections 18-38), Central Zoo Authority and recognition of Zoos (Sections

38A-38J) Trade or Commerce in Wild Animals, Animal Articles and Trophies (Sections

39-49). Prohibition of Trade or Commerce in Trophies etc. (Sections 49A-49C), Prevention

and Detection of Offences (sections 50-58).

UNIT-V





19

Environmental Pollution. Remedies and Procedures, Citizens Suit Provisions: Public Interest

Litigation and Judicial Activism, Remedies under National Environmental Tribunal Act

1995.

REFERENCE BOOKS

1. Kailash Thakur, Environmental Protection Law and Policy in India, (deep and Deep, New

Delhi)

2. ParasDiwan, Environmental Administration Law and Judicial Attitude, Vols. I&II (1192)

3. S. Aggaral, Legal Control of Environmental Pollution.

4. R.G. Chaturvedi, Law on Protection of Environment and Prevention of Pollution.

20


Semester II L T P

Course Code: LLB 205 FAMILY LAW-II 4 0 0

Unit I

Mitakshara Hindu joint Family: Composition, Structure and Characteristics, Joint

Family Property Classification-Unobstructed heritage, Obstructed heritage, Ancestral

Property, Separate Property, Joint Acquisitions and Accretions, Points of Distinction between

the Mitakshara Hindu Joint Family and Dayabhaga Hindu Joint Family.

Unit-II

Hindu Law of Partition: Who can make, Subject matter of partition, Persons who have a right

to partitions and Persons who are entitled to a share on partition, how partition is affected?

Rules relating to distribution of property and modes of partition, Reopening of Partition and

Re-union. Position, status, Liability and Powers of the Karta in the Hindu Joint Family.

Unit-III

Hindu succession Act 1956 : Definitions, Succession to the Property of a Male Hindu-

Legal heirs and their Classification, Succession to the property of a Mitakshara Hindu;

Women s Property, Succession to the property of a Hindu Female; General Provisions

Relating to succession, Disqualifications of heirs, Testamentary Succession.

Unit-IV

Muslim Law of Gift: Who can make a valid gift? Essential requirements of a valid

gift; Subject mater of gift, Gift of Musha-Exceptions thereof, Revocation of gifts

under Shia and Sunni Law.

Unit-V

General Principles of Inheritance of Muslim Law Excluding able of Heirs. Wills; Who can

make a will? Subject matter of a will; Restrictions on the powers of a Muslim to make a

will; Abatement of Legacy; Creation of Life Estates and its validity; Revocation of Wills.

Books Recommended:

1. ParasDiwan Modern Hindu Law.

2. BadrudinTayyabji, Mohammedan Law.

3. Fyzee, Outlines of Mohammedan Law.

4. ParasDiwan, Muslim Law.

21


Semester III L T P

Course Code: LLB 301 JURISPRUDENCE 4 0 0

UNIT-I

Meaning, nature, scope and Utility of Jurisprudence, Philosophy of Jurisprudence: The Indian

Scenario, Philosophical School of Law: Greek, Roman, and Indian Legacy.

UNIT-II

American Realism, Imperative School, Pure Theory of Law, Sociological School, Historical

School

UNIT-III

Sources of Law,

Custom, Legislation, Precedent, Equity

UNIT-IV

Rights and Duties, Possession, Ownership, Personality

UNIT-V

Sociology of Law,Relationship between Law and Morality: Controversy of Hart and Fuller,

Law of Obligation.

REFERENCE BOOKS

1. Edgar Bodenheimer : Jurisprudence

2. R.W.M. Dias : Jurisprudence

3. W Friedman : Legal Theory

4. P.N. Sen : Hindu Jurisprudence

5. G.W. Paton : A Text Book of Jurisprudence.

6. Julius Stone : Stone on Jurisprudence.


22


Semester III L T P

4 0 0

Course Code: LLB 302 Law of Crimes-II (The Code of Criminal Procedure, 1973

UNIT 1

Definition of summon case, warrant case, investigation, Inquiry, Trial and complaint.

Constitution and Powers of Criminal Courts and offices, Arrest,Escape and Re- taking

UNIT II

Process to compel appearance and production of things and search for person wrongfully

confined, Security for keeping peace and good behaviour

UNIT III

Maintenance of Public order and Tranquillity,Information to the police and their powers to

investigate

UNIT IV

Complaints to Magistrates and Commencement of Proceedings beforeMagistrate. The

Change and Procedure for framing charge, Trial of Summons and Warrant Cases by

Magistrates.

UNIT V

Summary trials, Plea Bargaining and Provisions as to Bails and bonds

REFERENCE BOOKS

1. Rattan LalDhirajLal; the code of Criminal Procedure ( Student edition)

2. R.V. Kelkar s; Criminal Procedure code.

3. D.D Basu; Criminal Procedure code. Vol. 1 and II.

4. Woodroffe commentaries on code of criminal procedure, 2 Volumes.

5. K.N.ChandrashekharanPillai (ed.) Kellkar; s Lectures on Criminal Procedure.

6. S.C.Sarkar: The Law of Criminal Procedure

23


Semester III L T P

Course Code: LLB 303 CYBER LAWS & CRIMES 4 0 0

UNIT-I

Introduction: History & Evaluation of Cyber Law, Meaning & Definitions: Cyber Law,

Cyber Crime, Computer Crime,Information Technology Offences, Encryption, Computer

System.

UNIT-II

E-Commerce: Salient Features of the Information Technology Act, 2000, Formation and

System of Digital Contract, Digital Signature & Electronic Governance (SS3-10, IT Act),

Role & Functions of Certifying Authority (SS 11-39 of the Act)

UNIT-III

Cyber Crimes: Cyber Crimes Affecting Individual: Privacy Violation, Identity Theft, Cyber

Stalking. Cyber Crimes Affecting Economy: Hacking, Virus and Malicious Programmes, ,

Computer extortion, Computer Fraud, Forgery and Counter feting, Economic Espionage,

Cyber Squatting, Crimes Affecting Security: Cyber Terrorism, Cyber Warfare,

Miscellaneous: Spamming, Cyber Defamation, Obscenity, Child Pornography.

UNIT-IV

Digital Evidence & Prevention of Cyber Crimes: Offences under the IT Act (SS 65 to 78),

Penalties under the IT Act (SS 43 to 47), Digital Evidence, amendments to Indian Evidence

Act: Relevancy of opinion on Digital signature, Special Provisions on Evidence Relating to

Electronic record, proof as to Digital Signature & its verification, presumptions regarding

Electronic Records, Digital Signature Certificates, Investigation & Adjudication Issues.

Unit-V

Miscellaneous: Cyber Regulations Appellate Tribunal (SS 48-64, IT Act), Network Service

Provider, Duties of Subscribers (SS 40-42, IT Act), Effects of IT Act on other Laws: IPC,

1860, RBI Act, 1934, Baker s Books Evidence Act, 1891 etc.

REFERENCE BOOKS:

1. Chris Reed: Computer Law, Universal, Delhi

2. Dr. Farooq Ahmad, Cyber Law in India, Pioneer, Delhi

3. NandanKamath, Law Relating to Computers, Internet & E-Commerce, Universal



24


Semester III L T P

Course Code: LLB 304 2 0 6

PROFESSIONAL ETHICS, ACCOUNTANCY FOR LAWYERS AND BENCH BAR

RELATIONS (PRACTICAL/CLINICAL-I)

Unit-I

Legal Profession: Its Nature, Evolution and Development in India, Meaning of Ethics, Object

of Legal Ethics, Necessity for an Ethical Code

Unit-II

Rights, Privileges, Duties, Disabilities and Social Responsibilities of an Advocate, Standard

of Professional Conduct and Etiquette, Professional and other Misconducts.

Unit-III

Powers and Procedure of Disciplinary Committees of the Bar, Accountancy for Lawyers,

Bench Bar Relations.

Unit-IV

Legality of Lawyers Strike in the Right-Duty Discourse, Contempt Law and Practice: The

Contempt of Courts Act, 1971

Unit V

The Facts and Principle of Law laid down in : R.K. Garg V State of Himachal Pradesh, AIR

1981 SC 1382, M.B. Sanghi V High Court of Punjab & Haryana, AIR 1991 SC 1834, Ex-

Capt. Harish Uppal V. Union of India, 2002 (9) SCALE 357, Bar Council of Maharashtra V.

M.V. Dabholkar, (1976) 2 SCC 291, Satish Kumar Sharma V. Bar Council of H.P., AIR

2001 SC 509.

REFERENCE BOOKS

1. C.L. Anand: Professional Ethics of the Bar

2. B.K. Goswani: Legal Profession and Its Ethics

3. Anirudh Prasad: Principles of the Ethics of Legal Profession in India

4. Sunil Deshta and KiranDeshta: Practical Advocacy of Law

5. S.K. Mookerji: Iyer s Law of Contempt of Court

6. P. RamanathaAiyer: Legal Ethics, Vol.3.


25


Semester III L T P

Course Code: LLB 305 ADMINISTRATIVE LAW 4 0 0

UNIT I

Evolution, nature and scope of administrative law, Conceptual objections against the growth

of administrative law: rule of law and separation of powers, Classification of

administrative actions

Unit-II

Delegated legislation: reasons for its growth and constitutionality, Control mechanism over

delegated legislation: Judicial , Legislative , Procedural, Sub-delegation; conditional

legislation; and retrospectivity of delegated legislation.

Unit-III

Principles of natural justice:rule against bias, and rule of fair hearing, Exclusion of natural

justice , Effect of breach of principles of natural justice.

Unit-IV

Judicial review of administrative action: constitutional jurisdictions (Articles 32, 136,

226, and 227) , statutory jurisdictions (suits for damages, injunction and declaration),

Exclusion of judicial review: scope of ouster clauses , Ombudsman

Unit-V

Right to information Act, 2005 (SS.1-20): Right to information; request for obtaining

information; disposal of the request; third party information; exemptions from disclosure,

Designation of Public Information Officers; constitution of Central and State Information

Commissions; their powers and functions.

REFERENCE BOOKS

1) C.K. Allen, Law & Orders (1985)

2) D.D. Basu, Comparative Administrative (1998)

3) M.A. Fazal, Judicial control of Administrative Action in India, Pakistan and Bangladesh

(2000), Butterworths – India

4) Franks, Report of the Committee on Administrative Tribunals and inquiries HMSO, 1959

5) Peter Cane, an Introduction of administrative Law (1996) Oxford

6) Wade, Administrative Law (Seventh Edition, Indian Print 1997) Universal, Delhi

7) J. C. Garner, Administrative Law (1989) butterworth (ed. B.L. Jones)


26


Semester IV L T P

Course Code: LLB 401 LABOUR AND INDUSTRIAL LAW 4 0 0

UNIT I

Minimum Wages Act 1948: Object of Minimum Wages, Different Concepts of wages, living

wages, minimumwages, fair wages, procedure for fixing and revising minimum wages.

Unit-II

Trade Union Act 1926: Definition of a trade union, legal status of a registered trade union,

incorporation and registration of trade union, cancellation of registration of trade union,

rights and liabilities of registered trade union, privileges and immunities of registered

trade union, dissolution of a trade union.

Unit-III

Industrial Disputes Act 1947: Definitions of Industry, Industrial Dispute and Workman,

authorities under the Act, works committee, conciliation Officer, Board of conciliation,

Labour Court, Industrial Tribunal, National tribunal and Arbitration, Strike, Lock out, Lay

Off, Retrenchment.

Unit-IV

Workmen s Compensation Act 1923 : Definition of total and partial disablement,

workman, employer, dependent,employer s liability for compensation, authorities for

adjudication of disputes under workmen s compensation Act.

Unit-V

Factories Act 1948: Definition of factory, worker, hazardous process, manufacturing process,

Health andCleanliness provisions, safety and provisions relating to hazardous process,

welfare ofworkers, employment of children and adolescents.

REFERENCE BOOKS

1. Srivastava, K.D. : Commentaries on Payment of Wages Act, 1936- 3rdEdition, Eastern

Book Company, 1983.

2. Srivastava, K.D. : Commentaries on Minimum Wages Act, 1948- Eastern Book Company

3. Rao, S.B. : Law and Practice on Minimum Wages- 2nd Revised Edition, Law Publishing

House, 2005.

4. Srivastava, K.D.: Commentaries on Factories Act, 1948- Eastern Book Company, 1963.


27


Semester IV L T P

Course Code: LLB 402 PUBLIC INTERNATIONAL LAW 4 0 0

Unit I

Definitions, Nature and Basis of International Law, Sources of International Law;

Relationship between International Law and Municipal Law and Subjects of International

Law.

Unit-II

Nature of State, State Territory and Modes of acquisition and loss of State Territory;

Recognition; State Succession, Intervention.

Unit-III

Position of Individual in International Law, Nationality; Extradition.Asylum; Diplomatic

Agents and Treaties.

Unit-IV

Settlement of international Disputes between States: War: Definition and Effect and Modes

of Termination of War; Prisoners of war and war crimes.

Unit-V

Law of the Sea, Outerspace, Territory of moon, Antarctica, International Terrorism,

Comprehensive Test ban Treaty.

Reference Books

1. J.G. Starke, Introduction to International Law.

2. S.K. Kapoor, International Law.

3. ArjunDev and Others (ed.), Human Rights- A Source Book, Published by

N.C.E.R.T., 1996.

4. Mrs. S.K. Verma, Introduction of International Law.

5. Aggarwal, International Law.


28


Semester IV L T P

Course Code: LLB 403 LAW OF EVIDENCE 4 0 0

Unit I

Extent, commencement and application of Indian Evidence Act (Section 1); Interpretation

clause (Section 3); Presumptions- may presume, shall presume and conclusive proof

(section 4); Relevancy of Facts (sections 5-16); Admissions (Sections 17-23 and 31.

Unit-II

Confessions (Sections 24-30); Statements by persons who cannot be called as witnesses;

(Sections 32-33); Statements made under special circumstances (Sections 34-39);

Judgements of Courts of Justice when relevant (Sections 40-44).

Unit-III

Opinion of person when relevant (Sections 45-51); Character when relevant (Sections 52-55);

Facts which need not be proved (Sections 56-58); Oral Evidence (Sections 59-60),

Documentary Evidence (Sections 61-78); Presumptions as to Documents(Sections 79-90).

Unit-IV

Exclusion of Oral Evidence by Documentary Evidence (Sections 91-100); Burden of

Proof (Sections 101-111); Presumptions as to certain offences (Sections 111A-

114A).Estoppels (Sections 115-117); Witnesses, Privileged Communications (Sections 118-

132); Accomplice (Section 133); Number of witnesses (Section 134).

Unit-V

Examination of Witnesses: Examination in Chief, Cross Examination, Re-examination,

Leading Question-When they may be asked and when they may not be

asked, When witness to be compelled to answer, questions which may or may not beasked

during cross examination, question by the party to his own witness, Impeachingthe Credit of

Witness, Refreshing Memory, Judge s Power to put question or orderproduction (Sections

135-166), Improper admission or rejection of evidence (Section167).

REFERENCE BOOKS

1. Rattan Lal and DheerajLal

2. BatukLal, Law of Evidence

3. C.D. Field, Law of Evidence

4. Monir, Law of Evidence



29


Semester IV L T P

Course Code: LLB 404 BANKING LAW 4 0 0

Unit-I

Definition of Bank and Customer, Historical Development of Banking Institutions in India.

General and Legal Relationship of Bank and Customer, Special classes of Customers, Nature

and Type of Accounts, Obligation to Maintain Secrecy and its Exceptions, Function of

Banking Institutions.

Unit-II

The Banking Regulation Act, 1949: Definitions, Business of Banking Companies; Control

over Management, Board of Directors, their Qualifications and Dis-qualifications,

Provision for the Appointment of Chairman, Regulation regarding Share capital,

Suspension of Banking Business and Winding up process of Banking Companies. Balance

Sheet; Audit and Inspection; Amalgamation and Reconstruction. Recent Trends of Banking

System. New Technology, e-Banking, Automatic Teller Machine and Use of Internet,

Smart Cards, Credit Cards and use of Expert System.

Unit-III

Reserve Bank of India Act, 1934- Reserve Bank as Banker to the State Government, Reserve

Bank as Banker s Bank, Organisational Structure of Reserve Bank of India, Legal Status,

Powers and Functions of the Reserve Bank of India. RBI and Commercial Banks,

Banking Ombudsman.

Unit-IV

Banking Securities: Pledge; Hypothecation, Charge, Lien and Mortgage, Bank Frauds:

Definition, classification of Frauds and action required by Banks, Fraud prone areas in

different accounts- Saving Bank Accounts, Current Accounts, Thefts, Burglary and Fraud

in cases of advances, Frauds in cases of remittances and preventive measures.

Unit-V

Negotiable Instrument Act, 1881: Definition; Kinds of Negotiable Instruments; Holder

and Holder in due course; Payment in due course, Capacity of Parties, Negotiation,

Modes of negotiations, Endorsement and its kinds, Acceptance and Dishonour of cheque,

Crossing of cheque, Penalties in case of dishonour of cheque.

Reference Books

30

1. B.R. Sharma and R.P. Nainta, Principles of Banking Law and Negotiable Instruments Act

(1881)

2. R.B. Sethi, Banking Regulation Act, 1949.

3. A. Ramaiya, The Reserve Bank of India Act, 1934

4. J.S. Khargamwala, The Negotiable Instrument Act 1881.


31


Semester IV L T P

2 0 6

Course Code: LLB 405 ALTERNATIVE DISPUTE RESOLUTION

(PRACTICAL/CLINICAL-II)

Unit I (15 Marks)

Main Objectives of Arbitration and conciliation Act, 1996; Concept of Arbitration and

Arbitration Agreement (section 7-9),Composition of Arbitral Tribunal and its Jurisdiction

(Sections 10-17)

Unit II (15 Marks)

Conduct of Arbitral Proceedings, termination of Proceedingand making of Arbitral Award

(Section 18-33), Legal Recourse against Arbitral Award, Finality, Appeal andEnforcement

of Award (Sections 34-37) New York Convention Sections 44-52)

Unit III (15 Marks)

Conciliation Proceeding (Section 61-81), Distinction between Conciliation, Negotiation,

Mediation and Arbitration; Commencement of Conciliation Proceedings, Appointment and

Role of Conciliators, Settlement Agreement and Effect thereof, Termination of conciliation

Proceedings, Costs and Deposits etc.

Unit IV (15 Marks)

ADR Systems, Needs for ADR, Legal Services Authority Act,1987, National Legal

Services Authority Its composition and Functions and the role of CILAS,

State Legal Services Authority Its composition andfunctions, Entitlement to Legal Services

LokAdalats, Composition, Powers Jurisdiction, Procedure, Award of LokAdalat

Practical (40 Marks), (10 Marks) for each Unit

Reference Books

1. B.P. SarafJunjhanwala, S.M: Law of Arbitration and ADR in India

2. O.P. Tiwari: The Arbitration and Conciliation Act, 1996.

3. Legal Services Authority Act, 1987 as amended f orm time to time.

4. N.D. Basu: Law of Arbitration and Conciliation (Universal, Delhi)



32


Semester V L T P

4 0 0

Course Code: LLB 501 PROPERTY LAW INCLUDING TRANSFER OF

PROPERTY ACT

Unit I

Interpretation Clause, Immovable Property, Attestation, Registered, Actionable Claim and

Notice, Definition of Transfer of Property, Transferable Property, Un-transferable Trust or

Property, Competence to Transfer and Modes of Transfers, ConditionalTransfers,

Conditions Restraining Alienation, Restrictions Repugnant to Interest Created, Transfer for

benefit of unborn person, Rule against perpetuity, Vested Interest and Contingent Interest.

Unit-II

Election and Apportionment, Restricted Covenants, Transfer by ostensible owner, Transfer

by unauthorised person who subsequently acquires interest, Fraudulent Transfer,

Improvements made by person under defective Title, Doctrine of Lis-Pendens and part

performance.

Unit-III

Sale of immovable property, Definition of sale and Contract to sell, Rights and liabilities

of buyer and seller, Marshalling by subsequent purchaser, Mortgage of immovable

property, Definition of Mortgage, Kinds of Mortgage, Right of Redemption of

Mortgagor and Equity of Redemption, Subrogation, Prohibition of Tacking, Marshalling

and Contribution.

Unit-IV

Definition and Kinds of Lease, Distinction between Lease and License, Modes of Creation

and Determination of Lease, Exchange, Transfer of Actionable Claims,Gifts, Definition

of Gift, Modes of Creation of Gift, Suspension and Revocation of

gift and Onerous gift.

Unit-V

Indian Easement Act, 1882: Definition and Essential Features of Easement, Kinds of

Easement, Imposition,Acquisition and Transfer of Easements, Licenses.

Reference Books

1. S.N. Shukla, The Transfer of Property Act.

2. Mulla, Transfer of Property Act.







33

3. Ameen and Shastri, The Law of Easement.

4. V.P. Sarathi, Law of Transfer of Property.

5. Civil Procedure Code & Limitation Act

34


Semester V L T P

4 0 0

Course Code: LLB 502 CIVIL PROCEDURE CODE & LIMITATION

Unit-I

Jurisdiction of Civil Courts, Suits of Civil Nature (Section 9) , Stay of Suits,Resjudicata,

Foreign Judgments (Sections 10-14) , Place of Suing, Transfer of Suits (Sections 15-25) ,

Joinder of parties, Representative Suits, Splitting of Claims and Reliefs, Joinder of cause of

action (Order 1 and 2)

Unit-II

Summons to Defendants (Order 5) ,Appearance of Parties, Ex-parte Decree (Order 9 and 10)

, Discovery and inspection (Order 11) , Settlement of Issues (Order 14 and 15) , Summon to

Witnesses (Order 16, 17 and 19) , Hearing of Suits (Order 18) , Judgement and decree (Order

20) , Awarding of Interest and Costs (Sections 34-35B) , Restitution, Inherent powers of the

Court, Miscellaneous provisions (Sections 132-158).

Unit-III

Commissions (Sections 75-78, Order 26) ,Suits against Government (Section 79-82)

Suits in case of minors, indigent persons (Order 32 and 33) Inter pleader suits (Section 88,

Order 35)., Supplementary Proceedings- Arrest and Attachment before judgement, temporary

injunctions, inter-locutory orders, appointment of receivers, (Sections 94-95, Orders38-40)

Unit-IV

Appeals- First and Second Appeals; Procedure for appeal (Sections 96-108, Order 41),

Reference, Review, Revision (Sections 113-115, Order 46-47) , Execution- Basic Provision

(Sections 36-74) , Execution- Details (Order21)

Unit-V

The Limitation Act, 1963 ,Limitation of Suits, Appeals and Applications (Sections 3-11) ,

Exclusion of time (Sections 12-15) , Effects of Death, Fraud, Acknowledgement, Payment

etc. On limitation (Sections 16-22), Acquisition of ownership by possession (Sections 25-27)

Reference Books

1. Mulla, The Code of Civil Procedure (Student edition)

2. The Code of Civil Procedure 1908, as amended in 2002






35


Semester V L T P

Course Code: LLB 503 Law of Intellectual Property 4 0 0

Unit I

Concept, Nature and scope of Intellectual Property, Historical development of IPR, General

features of Paris Convention as revised in 1971 Basic principles of Agreement on Trade

Related intellectual property rights (TRIPs) (Part-1 Article –1 Article-8).

Unit II

Objectives and the role of World Intellectual Property Organization (WIPO) Copyright Act,

1957 Definitions, Meaning of copyright, Works in which copyright subsists (Ss 2-8 and Ss

13-16), Authorities, ownership and assignment of copyright (Ss 17-21 and Ss 74-77)

Licences in copyright, Termination of Licences, Terms of copyright (Ss. 22-29 and Ss. 30-

32B)

Unit III

Rights of „Broadcasting Organisation” and of “Performers”, infringements and civil

remedies (Ss. 37-39 and Ss. 51-62).

Unit IV

Patents Act, 1971: Objectives of Patent Act, 1970, , Inventions which are not patentable,

Application for patents (Ss. 3-4 and Ss. 6-8), Specification of invention, Publication and

examination of application, “Anticipation and powers of the Controller with respect to

application (Ss. 9-20 and Ss. 57-59), When invention is not deemed to be „anticipated‟,

provisions for secrecy of certain inventions (Ss. 29-33 and Ss. 35-48) , Assignment of

patents, compulsory licences (Ss. 68-69 and Ss. 83-89)

Unit V

Trade Marks Act, 1999: Objectives and salient features of Trade Marks Act, 1999, Definition

clause and Sec. 126 ,Concept of similar trade mark , Absolute and Relative grounds for

refusal for registration of trade marks and defence of “Acquiscence”. (Ss. 9-16, 133 and Sec.

33) , Effect of Registration (“Infringement” and “passing off” the trade marks ) Ss. 27-31,

Penalties and Reliefs (Ss. 103-109 and Ss. 135)

Reference Books

1. DebroyBibek : Intellectual Property Rights- B.R. Publishing Corp., 1998.

2. Cornish, W.R.- Intellectual Property, Patents, Copyright, Trade Marks and Allied

36

Rights – 6th

Edition, Sweet & Maxwell, 2008.

3. Lloyd, R.G. : “Kerly‟s Law of trade marks and trades names – 8th

Edition, Sweet &

Maxwell, 1960.

4. Shiv Sahay Singh : Law of Intellectual Property Rights : Introductory, WTO, Patent

Law, Copyright law, Commercial domain – Eastern Book Company.

5. Bare Acts of :

37


Semester V L T P

Course Code: LLB 504 COMPANY LAW 4 0 0

Unit-I

Definition and nature of a company; lifting the corporate veil. Formation of a company:

registration and incorporation; memorandum of association, its importance and contents,

alteration of memorandum of association, doctrine of ultra virus; articles of association, its

relations with memorandum of association; doctrine of constructive notice and doctrine of

indoor management with exceptions.

Unit- II

Prospectus and statement in lieu of prospectus- their importance.Definition of prospectus, its

contents and remedies for misrepresentations in the prospectus. Shares: their kinds, principles

governing allotment of shares, share certificate, its object and effects; transfer and

transmission of shares, procedure for transfer, refusal to transfer and remedy against refusal;

issue of shares at premium and discount.

Unit-III

Membership of a company: modes of acquiring membership; who may be a member,

termination of membership. Meetings: kinds of meetings, procedure and conduct of meeting,

voting, resolutions.

Unit-IV

Directors: constitution of the board of directors, appointments, qualifications including share

qualification, disqualifications, powers and duties. Political contributions by

companies.Managing Directors and managers; appointment, powers and duties.

Unit-V

Majority powers and minority rights, rule laid down in Foss Vs. Harbottle with exceptions.

Prevention of oppression and mismanagement. Winding up: meaning and scope; modes of

winding up;

REFERENCE BOOKS

1. Avtar Singh, Company Law

2. S.M. Shah, Lectures on Company Law

3. Ramiya, Guide to the Companies Act

4. K.C.B. Gower, The Principles of Modern Company Law.

38


Semester V L T P

2 0 6

Course Code: LLB 505 Drafting, Pleading & Conveyance(PRACTICAL/CLINICAL-III)

Unit-I

Drafting: Concept of drafting, general principles for drafting and the relevant substantive

rules thereof.

Unit-II

Pleadings: Civil: i) Plaint, ii) Written Statement; iii) Inerlocutory Application, iv) Original

Petition, v) Affidavit, vi) Execution of Petition.

Unit-III

Petition under Article 226 and 32 of the constitution of India, Memorandum of appeal and

Revision, Criminal: i) Complaints, ii) Criminal Miscellaneous Petition, iii) Bail Application,

iv) Memorandum of appeal and Revision.

Unit-IV

Convincing i) Sale Deed, ii) Mortgage Deed, iii) Lease Deed, iv) Gift deed.

Unit-V

i) Promissory Note, ii) Power of Attorney, iii) Will, iv) Petition deed.

Note:

There will be a practical examination of 40 marks. The students will be made to learn with

the help of class instructions and simulation exercises preferably with the help of

lawyers/Retd. Judges. They will be given some exercises in drafting and conveyancing

carrying 30 marks and the remaining 10 marks will be allotted to a viva-voce examination

which will test the understanding of legal practice in relation to drafting, pleading and

conveyancing. The evaluation shall be done by the Chairman and the teacher concerned or a

practicing lawyer who may be associated with the purpose.

REFERENCE BOOKS

1. Mogha‟s Law of Pleadings in India

2. A.N. Chaturvedi, Pleading and Conveyancing

39


Semester VI L T P

Course Code: LLB 601 4 0 0

INTERPRETATION OF STATUTES AND PRINCIPLES OF LEGISLATION

Unit-I

Statute- Meaning, nature and Classification, History, Meaning and Object of Interpretation,

Elementary Principles of Interpretation and Construction of Statutes.

Unit-II

Methods of Interpretation, Literal Meaning Rule, Golden Rule, The Mischief Rule, Rule of

Harmonious Construction of Statutes.

Unit-III

Intrinsic Aids to construction of Statutes-Context, Short-Title, Long Title, Preamble,

Marginal Notes, Headings, Definition or Interpretation clauses, Provisos, Punctuations,

illustrations, Exceptions, Explanations, and Schedules.

Unit-IV

Extrinsic Aids to Interpretation- Dictionaries, Text Books, Historical Background, Legislative

History, Administrative Conveyancing and Commercial Practice.

Unit-V

Remedial and Penal Statutes, Taxing Statutes, Principles of Constitutional Interpretation-

Harmonious Construction, Doctrine of Pith and Substance and ColourableLegislation.,

Principles of Legislation: Its Methods, Principles of Civil Code and Penal Code, Legislative

Procedure: Union and States.

REFERENCE BOOKS

1. P.St. Langan (Ed.) Maxwell on the Interpretation of Statutes.

2. S.G.G. Edgar, Craies on Statute Law.

3. JagdishSwarup, Legislation and Interpretation.

4. Sutherland, Statutory Construction

40


Semester VI L T P

4 0 0

Course Code: LLB 602 Land Laws Including Ceiling and Other Local Laws

.Unit-I

Himachal Pradesh land Revenue Act, 1954, Definitions (Section4), Revenue Officers, their

Classes and Powers (Sections 7-13), Appeal, Review and Revision (Sections 14-17)

Unit-II

Record of Rights and Annual Record and the Procedure for making of Records(Sections 32-

41)

Presumptions in favour of Revenue entries (Section 45) , Collection of Land Revenue:

Security of Payment of Land Revenue (section 68-73), Process for Recovery of Arrears of

Land Revenue (Sections 74-81).

Unit-III

Partition: Concept, Procedure for Effecting Partition (Sections 123-135). Application for

Partition, Restrictions and Limitation on Partition, Disallowance of Partition, Procedure on

admission for partition, Disposal of questions as to title in the property and other questions.

Delivery of possession of property allotted on partition and customary partition.

Unit-IV

The Himachal Pradesh Ceiling on Land Holdings Act, 1972 Ceiling on Land Holdings

(Section 4-12). Permissible Area, Exemptions, Ceiling on Land, Selection of permissible

area, Vesting of Surplus Area in the State Government, Powers of the State Government to

take possession of the surplus area. Disposal of Surplus Area (Section 15).Appeal, Review

and Revision.

Unit-V

The Himachal Pradesh Urban Rent Control Act, 1987 Determination of Fair Rent (Sections

4-10)

Grounds for Eviction of tenants (Sections 14-16) Appeal, Review and Revision (Section 24-

29)

REFERENCE BOOKS

1. O.P. Aggarwala, Punjab Land Revenue Act

2. J.N. Barowalia, Commentary on the H.P. Land Revenue Act, 1954.

3. Bare Acts of relevant Statutes.

41


Semester VI L T P

Course Code: LLB 603 Principles of Taxation Law 4 0 0

Unit-I

Definitions: Income, total Income, person, Agricultural Income, Assessee, Assessment year

and previous year, Assessing Officer (Section 2 and 3), Determination of Residential Status

and tax incidence (Sections 5 and 6).

Unit-II

Income under the head “Salaries” and its Computation. (Sections 15 to 17). Income under the

head “Income from House Property” and its computation (Sections 22 to 27).Income under

the head “Profits and gains of business or profession” and its computation. (Section 24 to 38).

Unit-III

Income under the head “Capital gains” and its computation (Sections 45 to 55). Income under

the head “Income from other sources” and its computation (sections 56 to 58). Clubbing of

Income (Sections 60 to 65). Set off and carry forward of losses (Sections 70-80).

Unit-IV

Return of Income (Sections 139-158). Income tax Authorities (Sections 116 to 138).Appeal.

Appeal to the Commission (Appeal), Appeal to the Appellate Tribunal, appeal to the High

Court, appeal to the Supreme Court.

Unit-V

VAT- Historical and evolution of VAT in India, Definition of VAT, Distinction between

VAT and CST, Advantages and disadvantages of VAT.

REFERENCE BOOKS

1. Dr. KailashRai Taxation Laws

2. Dr. Vinod K. Singhania and Direct Taxes (Law and Practice)

Dr. KapilSinghania

3. Dr. Vinod K. Singhania and Students‟ Guide to Income Tax including VAT

Dr. Monica Singhania

4. Dr. GirishAhuja and Systematic Approach to Income Tax

Dr. Ravi Gupta

5. V.P. Gaur and Dr. D.B. Narang Income Tax (Law and Practice)

42


Semester VI L T P

Course Code: LLB 604 International Human Rights 4 0 0

Unit-I

Concept of Human Rights: Meaning, Evolution, Definition, Nature, scope, Historical

Development, Universal Declaration of Human Rights, 1948, UN Charter and Human Rights.

Unit-II

Legality of Human Rights, Human Rights Covenants, Civil and Political Rights, Economic,

Social and Cultural Rights, Implementation of two Covenants, Optional Protocol.

Unit-III

International Conventions and Conferences on Human Rights: Genocide Convention,

International Convention on Elimination of all Forms of Racial Discrimination, Convention

on Suppression and Punishment of Crime of Apartheid, Abolition of Forced Labour

convention. World conference on Human Rights (Vienna Conference, 1993), Regional

Arrangements in Asia.

Unit-IV

Individual and Human Rights:- Human Rights of Child, Weaker Section of the society,

Human Rights of Prisoners, Human Rights of Refugees.

Unit-V

International perspective:- International Human Rights Commission, Role of UNHC HR.

43


Semester VI L T P

4 0 0

Course Code: LLB 605 WOMEN AND LAW AND LAW RELATING TO CHILD

UNIT I

International concerns and conventions, Women in India, Pre-independence period, .1 Social

and legal inequality, Social Reform Movement in India, Karachi Congress-Fundamental

Rights Resolution, Equality of Sexes, Women in post independence India, Preamble of the

Constitution: equality provisions in Fundamental, Rights and Directive principles of State

Policy, Personal laws- unequal position of women , Uniform Civil Code towards gender

justice

UNIT II

Sex Inequality in Inheritance Rights, Feudal institution of joint family-women‟s inheritance

position, Hindu Law, Muslim Law, Matrimonial property, Guardianship, Right of women to

adopt a child, Problems of women guardianing

UNIT III

Divorce, Indian Divorce Act, Christian Law, Muslim Law, Criminal Law, Adultery, Rape,

Social Legislation, Dowry Prohibition, Prevention of immoral traffic, Women and

Employment, labour force, Protective Laws, Exploitation and harassment in workplaces,

UNIT IV

Protection and enforcement agencies, Courts, Family courts, Commission for women ,

NGOs., Social Constitutional and International Legal Status of Child, Magnitude of the

problem, Special Status of child- national policies, Constitutional concern-Article 15(3),

Article 24 and Article 45, International concern and endeavour for the welfare of the

children:

Minimum Age conventions, Child rights conventions, U. N. Declaration of the rights of the

child, 1924, 1959.

Unit V

Problems of conception, birth and nuourishment and health of the child, Legal status of child

in work, Tortious liability against injuries to unborn children, Coparcenary and property

rights of the unborn children , Law relating to maternity benefit and relief, Lack of legal

protection of children of impoverished parentage, State responsibility for the education of

44

children, Evaluation of the efforts of the State towards the provision of education to children,

Pre-primary and nursery education-elementary education, Contributions by International

Organization for elementary education-UNESCO, UNICEF, Legal Control of Child Labour,

Regulation of the employment: protection of the health and wellbeing, International

conventions and recommendations of the ILO, Recommendations of the National

Commission of Labour, Legislation relating to factories, plantation labour, mines, merchant

shipping, motor transport workers, apprentices, shop & establishments and child labour,

Family Relations and Child, The status of a child in matters of marriage, legitimacy,

guardianship, adoption, maintenance and custody, Provisions in the statutes relating to hindu

marriages, restraint on child marriage, guardians and wards, hindu minority and guardianship,

hindu adoptions and maintenance and in the Indian Evidence Act 1872;

REFERENCE BOOKS

1. Revasia&Revasia, Women Social Justice & Human Right (1998) PP.H. Publishing , New

Delhi.

2. Ajnes, Flavia, Law as Gender inequality, N. Delhi, Oxford (1999)

3. Sumithra Vishnu V. Union of India 1985 SC 1618.

4. 42nd Report Law Commission, the Dissenting Note of Justice Anna Chandy on provision of

adultery, p.366

5. Towards Equality-Report of the committee on the Status of Women (Govt. of India),

Chapters IV & Section IV General Conclusions & Recommendations.

6. Balram-Women workers the labour legislation in India 1984(2) I.L.J. 1527

7. LotikaSarkar, The law Commission of India (1988).

8. Indian Law Institute, Child and the law(1979, S.N. Jaind ed.)

9. U.Baxi, Law and Poverty: Critical Essays (1988), Eastern , Luknow

45


Semester VI L T P

4 0 0

Course Code: LLB 606 TRUSTS, EQUITY AND FIDUCIARY RELATIONSHIPS

UNIT I

Introduction, The concept of trust: distinction with agency and contract, Development

of law: common law and equity, Trusts: classification, Definition and Nature of trusts

under the Indian law, Creation of trusts: rules, Duties of trustees, Execution, Acquitance with

the nature of property, Duties in respect of title, Duty of care, Conversion, Impartiality,

Prevention of waste, Keeping of accounts and giving of information, Investment, Sale,

Liability for breach of trust.

UNIT II

Rights of Trustees: Title deed, Reimbursement, Indemnity, Seeking direction from court,

Settlement of accounts, General authority, Powers of trustees, Sale, Varying of investment ,

Property of Minors Giving receipts, Power to compound, compromise and settle, Exercising

authority on death or disclaimer of one of the trustees, Suspension of trustee‟s power,

Disabilities of trustees, Rights of beneficiaries, Rents and profits, Specific execution,

Inspection and information, Transfer, Suit for execution, To have proper trustees, Right to

compel the trustee to do the duties, Rights on wrongful purchase or acquisition by trustees,

Follow up of trust properties in the hands of third parties, Blending of property by trustee,

Wrongful application of trust property by partner trustee for partnership purposes.

UNIT III

Liabilities of Beneficiaries, Discharge of Trustees, Appointment of New Trustees, Extinction

of Trust

UNIT IV

Constructive trusts: the equitable and fiduciary Relationship, ransfer without intent to dispose

beneficial interest, Trust incapable of execution and trusts executed fully without, exhausting

property -the cypress doctrine, Transfer and request for illegal purpose, Transfer pursuant to

rescindable contract, Debtor becoming creditor‟s representative, Advantage from undue

influence, Advantage by qualified owner, Property acquired with notice of existing contract,

Purchase by person contracting to by property to be held on trust, Possession of property

without whole beneficial interest, Duties of constructive trustees, Rights of bonafide

purchasers

46

UNIT V

Special legislation, Charitable and religious trust, Registration of public trust, Budget

Accounts and Audit, Public Trust Administration Fund, Offences and penalties, Maxims of

Equity

REFERENCE BOOKS

1. S. Krishnamurthy Aiyar and HarbansLalSwin, Principles and Digest of Trusts Laws (1998),

University Book Agency, Allahabad.

2. R.H. Mandsley and E.H. Burn, Trust and Trustees: Casea and Materials (1978) Butterworths,

London.

3. R.E. Megarry and P.V. Baker, Snell‟s principles of Equity (1964)ELBS, sneet and Maxwell.

4. Philip H. Pettit, Equity and Law of Trust (1970)

5. Lyer N., Indian Trust Act (1997), Delhi Law House, New Delhi

6. Ahmedullah Khan, The Law of Wakf in India (1997) Delhi Law House, Delhi.

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

Institutions (2000) Universal, Delhi

8. Mukerjee, Commentary on Indian Press Act (1999) Universal, Delhi.

9. Rao.C.R., The Indian Trust Act and Allied Laws (1999

47


Semester VI L T P

Course Code: LLB 608 MOOT COURT (PRACTICAL/CLINICAL-IV) 0 0 12

a) Moot Courts (30 Marks)

Every student may be required to do at least three moot courts in a year with 10 marks for

each. The moot court work will be on assigned problem and it will be evaluated for 5 marks

for written submissions and 5 marks for oral advocacy.

b) Observance of Trial in two cases, one Civil and one Criminal (30 marks): Students may be

required to attend two trials in the course of the last two or three years of LL.B. studies. They

will maintain a record and enter the various steps observed during their attendance on

different days in the court assignment. This scheme will carry 30 marks.

c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks): Each

student will observe two interviewing sessions of clients at the Lawyer‟s Office/Legal Aid

Office and record the proceedings in a diary which will carry 15 marks. Each student will

further observe the preparation of documents and Court papers by the Advocate and the

procedure for the filing of the suit/petition. This will be recorded in the diary, which will

carry 15 marks.

d) The forth component of this paper will be Viva-Voce examination on all the above three

aspects. This will carry 10 marks

I.E.C. UNIVERSITY BADDI (SOLAN) H.P. · 2016-07-12 · 1 Study & Evaluation Scheme Of Bachelor of...

Documents

Transcript of I.E.C. UNIVERSITY BADDI (SOLAN) H.P. · 2016-07-12 · 1 Study & Evaluation Scheme Of Bachelor of...