program structure course details name of course: llb … · 2020. 10. 12. · semester –vi...

DY PATIL DEEMED TO BE UNIVERSITY – SCHOOL OF LAW

PROGRAM STRUCTURE COURSE DETAILS

NAME OF COURSE: LLB

DURATION – 3 YEARS / 6 SEMESTERS


SEMESTER –I

SEMESTER –I LLB

Code Subject Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal Practical

LLW1001 JURISPRUDENCE-1 3 1 40 60 100

4

LLW1002 LABOUR AND INDUSTRIAL

LAW-1

3

1

40

60

100

4

LLW1003

CONTRACT-1

3

1

40

60

100

4

LLW1004

TORT

3

1

40 60

100

4

LLW1005

FAMILY LAW-1

3

1

40

60

100

4

LLW1006

INDIAN CONSTITUTION-1

3

1

40

60

100

4

TOTAL

600

24


SEMESTER –II

SEMESTER –II LLB



Lectures Tutorials Internal

Practical

LLW2001 JURISPRUDENCE II 3 1 40 60 100

4

LLW2002

LAW OF EVIDENCE

3 1 40 60 100 4

LLW2003

LAW OF CONTRACT II

3 1 40 60 100 4

LLW2004

INDIAN PENAL CODE I

3 1 40 60 100 4

LLW2005

FAMILY LAW II

3 1 40 60 100 4

LLW2006

INDIAN CONSTITUTION II

3 1 40 60 100 4

TOTAL

600 24


SEMESTER –III

SEMESTER –III LLB




Practical

LLW3001

BUSINESS LAW

3 1 40 60 100

4

LLW3002 ENVIRONMENTAL STUDIES AND ENVIRONMENTAL LAWS

3

1

40

60

100

4

LLW3003 CODE OF CRIMINAL PROCEDURE

3

1

40

60

100

4

LLW3004

ADMINISTRATIVE LAW

3

1

40

60

100

4

LLW3005 INTELLECTUAL PROPERTY RIGHTS

3

1

40

60

100

4

LLW3006 ALTERNATIVE DISPUTE RESOLUTION

3

1

40

60

100

4

TOTAL

600

24


SEMESTER –IV

SEMESTER –IV LLB




Practical

LLW4001

COMPANY LAW 3 1 40 60 100

4

LLW4002 PUBLIC INTERNATIONAL

LAW

3

1

40

60

100

4

LLW4003 LAND LAWS

3

1

40

60

100

4

LLW4004 CODE OF CIVIL PROCEDURE

3

1

40

60

100

4

LLW4005 PROPERTY LAW

3

1

40

60

100

4

LLW4006 PENOLOGY & VICTIMOLOGY

3

1

40

60

100

4

TOTAL

600

24


SEMESTER –V

SEMESTER –V LLB

Code SUBJECT Hours Week Maximum



Practical

LLW5001

PROFESSIONAL ETHICS

( CLINICAL PAPER-II) 3 1 40 60 100

4

LLW5002 DRAFTING, PLEADING AND CONVEYANCE

(CLINICAL PAPER-III)

3

1

40

60

100

4

LLW5003 INTERPRETATION OF

STATUTES

3

1

40

60

100

4

LLW5004 LAW OF LIMITATION

3

1

40

60

100

4

LLW5005 MEDIA & LAW

3

1

40

60

100

4

LLW5006 FOREIGN LANGUAGE

3

1

40

60

100

4

TOTAL

600

24


SEMESTER –VI

SEMESTER –VI LLB

Code SUBJECT Hours Week Maximum


Lectures Tutorials Internal Practical

LLW6001

INVESTMENT AND

COMPETITION LAW 3 1 40 60 100

4

LLW6002 CYBER LAW

3

1

40

60

100

4

LLW6003 FORENSIC SCIENCES

3

1

40

60

100

4

LLW6004 MOOT COURT EXERCISE AND INTERNSHIP

(CLINICAL PAPER-IV)

3

1

40

60

100

4

LLW6005 RIGHT TO INFORMATION ACT

3

1

40

60

100

4

LLW6006 PRINCIPLES OF TAXATION LAW

3

1

40

60

100

4

TOTAL

600

24


INTERNSHIP GUIDELINES

30 DAYS INTERNSHIP AFTER COMPLETION OF ONE ACADAMIC YEAR OR TWO SEMESTERS AS PRICRIBED BY BAR COUNCIL OF INDIA.

COMPLETION OF ACADAMIC YEAR OR SEMESTERS

INTERNSHIP

SEMESTERS I & II

30 DAYS

SEMESTERS III & IV

30 DAYS

SEMESTERS V & VI

30 DAYS


DETAILED SYLLABUS FOR

LLB

3 YEAR COURSE

SEMESTER 6


1ST YEAR SEMESTER –I

JURISPRUDENCE –I

Objective: The course aims at developing an analytical approach to understand the nature of law, development of law and working of a legal system in different dimensions with reference to popular legal theorists.

UNIT-I

a. Definition; Nature and province/scope of Jurisprudence

b. Definition and Concept of Law

c. Sources of Law

d. Relation of Law and morality

e. Elements of Law and Jurisprudence:

UNIT-II

a. Natural Law-its Development and relevance in modern times

b. Analytical School of law

c. Austin’s Theory of Law

d. Kelsen’s Pure Theory of Law

e. Hart’s Concept of Law

f. Historical School of Law

UNIT-III

a. Sociological School of law

b. Realist School of Law

c. Socio Economic and Legal Philosophy

d. Poverty Jurisprudence and Legal Aid

e. Public Interest Litigation

UNIT-IV

a. Legal Rights and Duties

b. Ownership and possession

c. Concept of Person and Nature of legal personality

d. Concept of Property, Obligation and Liability

e. Law and Administration of Justice

UNIT – V

a. Ancient Indian Jurisprudence

b. Concept of Dharma and Hindu Jurisprudence

c. Role of DharmaShastas, Shrutis, Smrutis etc

d. Raja Dharma and Dandaneeti – Theories of Punishment.

e. Administration of Justice in Ancient India

Text books:

1. R.W.M. Dias, Jurisprudence

2. Prof. (Mrs.) Nomita Aggarwal , Jurisprudence (Legal Theory)


3. B.N. Maini Tripathi, Legal Theory

SEMESTER –I

LABOR LAW & INDUSTRIAL LAW

Objective:

This paper focuses on various aspect of management of labour relation and dispute settlement

Bodies and techniques.

Industrial Relations: The Trade Unions Act, 1926

Module 1: General – Evolution and Growth of Trade Unions in India

a. Historical reasons for the formation of combinations of workers, legal impediments

b. Constitutional freedom to form associations and unions – Constitution of India,

Articles 19 (1) (c) , (4) and 33

c. International Labor Organization – its influence in bringing changes in national legislations.

Module 2: Trade Union – Definition, Registration and Recognition

A. Definitions of ‘trade union’, ‘workman’ and ‘trade dispute’ – The Trade Unions Act, 1926, sections2 (g) and (h) , 3-13, 15, 22

Module 3: Immunities in trade disputes: Criminal and Civil

a. The Trade Unions Act. 1926, sections 17 and 18

b. The Indian Penal Code, sections 120-A, 120 –B

Industrial Relations: The Industrial Disputes Act

Module 4: ‘Industry’ – Conceptual Analysis

a. The Industrial Disputes Act, 1947, section 2 (j)

Module 5: Industrial Dispute v. Individual Dispute – Contrast

a. The Industrial Disputes Act, 1947, section 2 (k) , 2A

Module 6: Concept of ‘Workman’

a. Distinction between contract for services and contract of service

b. Due control and super-vision test

c. Predominant nature of duty test

d. The Industrial Dispute Act, 1947, section 2 (s)

Module 7: ‘Strike’&‘Lock out’


a. Concepts, legality and justification

b. The Industrial Disputes Act – Sections 2(q) , 2(l) , 2(n) , 10 (3) , 10 A (3A) , 22-28

c. The Industrial Employment (Standing Orders) Act, 1946

d. The Essential Services Maintenance Act, 1981

Module 8: ‘Lay off’ ‘Retrenchment’ & ‘Closure’

a. Analysis of the Concepts, Pre-requisites

b. The Industrial Disputes Act, 1947, sections 2(cc) . 2(kkk) , 2(oo) , Chapters VA, VB

c. The Industrial Employment (Standing Orders) Act, 1946

References:

1. B. Pai, Labour Law in India (2001)

2. L. Malik, K. D. Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices in India (4th ed. , 2002, with Supplement 2003)

3. C. Srivastava (Rev. ) Labour Law and Labour Relations: Cases and Materials (Indian Law Institute, 2007)

4. M. Rao, O. P. Malhotra’s The law of Industrial Disputes(6th ed. , 2004)

5. D. Srivastava, Industrial Employment (Standing Orders) Act, 1946 (4th ed. , 1998 with Supplement 2003)


SEMESTER –I

LAW OF CONTRACT-I

Objective: The objective of this paper is to make students familiar with various principles of contract formation enunciated in the Indian Contract Act, 1872.

Unit-I: Formation of Contract

a. Meaning, Nature and Scope of Contract

b. Offer / Proposal: Definition, Communication, Revocation, General/ Specific Offer

c. Invitation to Treat d. Acceptance: Definition, Communication, Revocation, Tenders / Auctions

d. Effect of Void, Voidable, Valid, Illegal, Unlawful Agreements

e. Standard Form of Contract

f. Online Contracts

Unit-II: Consideration and Capacity

a. Consideration- Definition , Kinds, Essentials, Privity of Contract

b. Capacity to Enter into a Contract

c. Minor’s Position

d. Nature / Effect of Minor’s Agreements

Unit-III: Validity of Contract

a. Free Consent (Coercion, undue influence, Misrepresentation, Fraud, Mistake),

b. Legality of Object,

c. Wager Agreement,

d. Contingent contract,

e. Quasi contracts

Unit-IV: Discharge and Performance of Contract

a. Discharge of Contracts,

b. Performance,

c. Time and Place of performance,

d. Impossibility of performance,

e. Breach

Unit-V: Remedies

a. Damages and Remoteness

Text Books:

1. Anson, Law of Contract , Oxford University Press, 2010 (29th Edn)

2. Pollock & Mulla, The Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)

References:

1. Avtar Singh, Law of Contract and Specific Relief , Eastern Book Company, 2013 (11th Edn)

2. Pollock & Mulla, The Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)


3. Cheshire and Fifoot, Law of Contract, Lexis Nexis, 2010 (10th Edn)

SEMESTER –I

LAW OF TORTS( MOTOR VEHICLES ACT & CONSUMER PROTECTION ACT)

Objective: This paper is to make students understand the nature of tort and conditions of liability with reference to established case law. Further, it covers the Consumer Protection Act, 1986.

Module – I Introduction to Tort

Nature and Definition of Torts;

Tort distinguished from Contract, Quasi-Contract,

Crime: Conditions of liability including damnum sine injuria, injuria sine damnum; Remoteness of damages;

Maxims: Ubijus ibi remedium, Res ipsa loquitor, etc.;

Justification in Tort - Volenti non-fit Injuria, Necessity, Plaintiff’s default, Act of God, Inevitable accidents, Private defences, Judicial and Quasi – Judicial Acts, Parental and quasi-parental authority.

Module-II Actions in Tort

Assault, Battery, False Imprisonment, Malicious Prosecution; Defamation-Libel, Slander including defenses in an action for defamation.; Vicarious Liability; Liability of State; Doctrine of Sovereign Immunity.

Module-III Negligence

Negligence including contributory negligence and other defenses: Absolute liability/Strict liability, Rules in Ryland v. Fletcher; Principles for the application of the rule and defenses; Enterprises engaged in hazardous activities – M.C. Mehta v. Union of India; Nuisance; Trespass.

Module-IV Consumer Protection

a. Definitions of Consumer, Goods and Services

b. Rights and Duties of Consumer

c. Authorities for Consumer Protection

d. Remedies

Module-V Motor Vehicles

Motor Vehicles Act, 2019

Text Books:

1. W.V.H. Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, 2010 (18th Edn)

2. Ratanlal & Dhirajlal, The Law of Torts, Lexis Nexis, 2013 (26th Edn)

References:

1. B.M. Gandhi, Law of Torts with Law of Statutory Compensation and Consumer Protection, Eastern Book Company, 2011 (4th Edn)

2. R.K. Bangia, Law of Torts including Compensation under the Motor Vehicles Act and Consumer Protection Laws, Allahabad Law Agency, 2013 3. Ramaswamy Iyer’s , The Law of Torts, Lexis Nexis, 2007 (10th Edn)


SEMESTER –I

FAMILY LAW - I

Objective:

This Course aims at providing adequate Sociological perspective so that the basic concepts relating to family are expounded in their social setting. It strives to give an overview of some of the current problems arising out of the foundational inequalities in the various family concepts. Another objective of the course is to view family law not merely as a separate system of personal laws based upon religions but as the one cutting across the religious lines and eventually enabling us to fulfill the constitutional directive of uniform civil code at least jurisprudentially at the academic study by identifying the core concepts in marriage laws of all communities to evolve a uniform civil code devoid of political nest. Women and children have special family relations and, therefore, it is aspired to develop insights amongst the students to ensure protection of constitutional rights of women and children in family law administration. In view of the conflicts of the interpersonal laws, conversion is causing problems. How conversion affects the family and whether it is compatible with the concept of secularism and to what extent such problem would stand resolved with the enactment of a uniform civil code, are some of the basics that needs to be examined.

Module I: Sources and Schools of Law

Sources of Hindu Law: Ancient sources: Shruti, Smriti, Digest & Commentaries, and Customs;

Modern sources: Equity, Justice, and good conscience, Precedent and Legislation;

Schools of Hindu Law: Mitakshara and Dayabhag Schools.

Sources of Muslim Law: Ancient Sources: The Koran, The Sunna (Practice of Prophet), Ijma (Consensus of opinion) and Qyias (Analogical deduction),

Modern sources – Equity, Justice and good conscience, Precedent and Legislation;

Schools ofMuslim Law: Sunni School of Muslim Law, Shia School of Muslim Law.

Karta of Joint Family: Position, Powers and Privileges

Module II: Marriage

Hindu Marriage: Nature and concept of Hindu Marriage,

Essential conditions of a Hindu Marriage,

Muslim Marriage: Nature and concepts of Muslim Marriage,

Essential conditions of a valid marriage, prohibitions/ disabilities,

classification of marriage and effects of valid, irregular, void marriage;

Dower

Module III: Matrimonial Remedies

Restitution of conjugal rights; Judicial separation ,Grounds for divorce under Hindu law

Dissolution of Marriage

Talaq: Concept and Modes b. Grounds: i. Under Classical Law ii. Under Statutory Law: Dissolution of the Muslim Marriage Act, 1939

Module IV: Alimony, maintenance and Adoption


Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who are unable to support themselves vide sections 125, 127 of Code of Criminal Procedure, 1973;

Maintenance of Divorced Muslim Women under the Muslim Women Protection of Right on Divorce Act, 1986;

A Critical review;Hindu Adoption and Maintenance Act, 1956.

Module V: Emerging Trends in Family Law

Family Courts; Establishment,Powers and functions;

Uniform Civil Code; Constitutional Mandate;

Emerging trends: i. Surrogacy ii. Live-in Relationship iii. IVF iv. Domestic Violence v. Same Sex Marriage

Text & References:

Mulla, D.F., Principles of Hindu Law

ParasDiwan, Modern Hindu Law

Mulla, D.F., Principal of Mohammadan Law

Fyzee, A.A.A., Outlines of Mohammadan Law

Mahmood, T., Muslim Law of India

ParasDiwan, Law of Intestate and Testamentary Succession (1998), Universal.


SEMESTER –I

INDIAN CONSTITUTIONAL LAW – I

Introduction:The constitution of a country is regarded as the Fundamental law of the land, to which all

other Laws are subordinated to and it pertains to formation, structure and functions of the institution

of the State and Government of that country. It delineates the powers and responsibilities of various

instrumentalities of the state, imposes limitation upon them, regulates the relation between the state

and its subjects, confers, protects and strives to develop certain rights to its subjects. In short, the

constitution as a political document strives to construct a common, national, political and constitutional

identity for the people who are subjected to it.

Objectives:

The objective of the course is to familiarize the students with the underlying Philosophy of the

Constitutional principles. To have an idea about the development of Constitutional both through

Judicial Process and Legislative process and also to understand as a political instrument, how it has

responded to the socio – economic and political aspirations of the people.

Module I INTRODUCTION, HISTORICAL BACKGROUND AND FEATURES OF INDIAN CONSTITUTION

Evolution of the Indian Constitution: Objective Resolution, Government of India Act, 1919 and

1935, Indian Independence Act, 1947,

Commencement and drafting of the Constitution,

Meaning of Constitution and Constitutional Law,

Nature of Indian Constitution,

Salient Features of Indian Constitutions

Module II PREAMBLE, UNION AND ITS TERRITORY, CITIZENSHIP

Purpose, objectives and amendment of Preamble,

India as a Union of States, Territory of India, Formation of new States and alteration of

Boundaries of existing States, Addition and Cession of territory.

Meaning and Constitutional Provision for Citizenship, Citizenship as a Political identity,

Citizenship at the Commencement of the Constitution, Citizenship under Citizenship Act, 1955,

Termination of citizenship

Module III FUNDAMENTAL RIGHTS IN GENERAL

Evolution of Fundamental Right, Definition of State under Art 12, State outside Art 12 and

expanding horizons of State;


Definition of Law under Art 13, Existing Laws and Future laws, Laws Inconsistent with

Fundamental Rights, Judicial Review, Its meaning and basis, Test of Infringement of

fundamental Rights- Doctrines of severability, Eclipse, Waiver, Amendment

Module IV RIGHT TO EQUALITY

Concept of Rule of Law, Exceptions to rule of law, Equality before law and equal protection of

laws under Art 14,

Prohibition of Discrimination on grounds of religion, race, caste, sex or place of birth (Art 15),

‘Backward’ and ‘More backward” classification, Admissions to educational institutions,

Equality of opportunity in matters of Public employment (Art 16),

Abolition of untouchability and Titles (Art 17 & 18), Limitations & Restrictions on right to

Equality

Module V RIGHT TO FREEDOM

Art – 19 (a) to (g) :- Right to Freedom of speech and expression, Freedom of Assembly, Freedom

to form Associations, Freedom of Movement, Freedom of residence and settlement, Freedom

of Profession, Occupation, Trade or Business.

Art – 19 (2) to (6):- Grounds for Restrictions on Freedoms.

Module VI RIGHT TO LIFE AND PERSONAL LIBERTY

Right to Life and Personal Liberty (Articles 20-22):

Right against Exploitation (Articles23-24)

Module VII FREEDOM OF RELIGION AND CULTURAL AND EDUCATIONAL RIGHTS

Freedom of Religion and Cultural and Educational Rights of Minorities(Articles 25-30)

Module VIII RIGHT TO CONSTITUTIONAL REMEDIES

Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari;

Meaning, Scope and ambit of Judicial Review, Public Interest Litigation, Judicial Activism,

Doctrine of Judicial self-restraint,

Comparison between Art 32 and 226

Module IX DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTY

Nature and Justiciability of the Directive Principles

Detailed Analysis of Directive Principles (Articles 37-51)

Fundamental Duties (Art-51A)

Inter-Relationship between Fundamental Rights and Directive Principles


References

P.K. Tripathi, Spotlight on Constitutional Interpretation

B. Shiva Rao; Making of the Indian Constitution

Austi, Glanville : The Indian Constitution Corner Stone of a Nation.

D. D. Basu – Introduction to Constitution of India

M. P. Singh - Position of Aliens in Indian Law

B. Sivaramayya,- Reflections on the Preamble of the Constitution

H. M. Seervai- Constitutional Law of India

https://www.amazon.in/H-M-Seervai/e/B001ICMLRE?ref=sr_ntt_srch_lnk_1&qid=1566380895&sr=1-1

https://www.amazon.in/Constitutional-Law-India-H-Seervai/dp/8175344040/ref=sr_1_1?qid=1566380895&refinements=p_lbr_books_authors_browse-bin%3AH.+M.+Seervai&s=books&sr=1-1


SEMESTER –II

JURISPRUDENCE – II

Module – I Legal Rights & Duties

1. Definition, Basis & Characteristics of Legal Rights & Duties

2. Kinds of Legal Rights

3. Relation between Rights & Duties

Module – II Principles of Liability

1. Theories of Remedial Liability

2. Theories of Penal Liability

3. Liability & Negligence

4. Absolute Liability

Module – III Personality

1. Concept of Legal person, Dead person & Corporate person

2. Theories of Legal Personality: – Fiction Theory; Concession Theory; Bracket Theory; Realist Theory; Purpose Theory & Kelson’s Theory

Module – IV State, Sovereignty & Theories of Justice

1. Nature & Functions of State & its relationship with Law

2. Nature & Development with Sovereignty

3. Concept of Justice & Theories of Justice

Module – V Feminist Legal Theory

1. Concept of Feminism

2. Theories of Feminism

3. Patriarchal System

Module – VI Possession & Ownership

1. Possession in Fact and Possession in Law


2. Relation between Possession & Ownership

3. Rights of Possessor and Kinds of Possession

Suggested Readings:

1. Bodenheimer Jurisprudence – The philosophy and Methods of Law (1996), Universal Publication, Delhi.

2. Fitzgerald, (ed.) Salmond on Jurisprudence (1999).

3. Tripathi, Bombay W. Friedman, Legal Theory (1999) Universal Pub., Delhi.

4. V. D. Mahajan, Jurisprudence and Legal Theory (1996 re-print), Eastern Books, Lucknow.

5. M.D.A. Freeman (ed.), Lloyd’s Introduction to Jurisprudence, (1994), Sweet and Maxwell


SEMESTER –II

LAW OF EVIDENCE

Objective: This paper is to orient students with importance of evidence for establishment of claims and the related rules and principles on contemporary basis.

Unit-I: Introduction and Relevancy

a. Evidence and its Relationship with the Substantive and Procedural Laws

b. Definitions: Facts, Facts in Issue, Relevant Fact, Evidence Proved, Disproved, not

Proved, Oral and Documentary Evidence, Factum Probandum and Factum Probans,

Proof and Evidence

c. Theory of Relevancy:

i. Logical Relevancy, Legal Relevancy, Admissibility and Reliability

ii. Facts not otherwise Relevant (Plea of Alibi)

d. Doctrine of Res Gestae

e. Test Identification Parade

f. Conspiracy

Unit-II: Statement – Admissions / Confessions and Dying Declarations

a. Admissions

b. Confessions

c. Dying Declarations

Unit-III: Method of proof of facts (Lectures-12)

a. Presumptions

b. Expert Opinion

c. Oral and Documentary evidence

d. Burden of Proof

e. Estoppel

f. Privileged Communications

Unit-IV: Emerging Areas in the Law of Evidence

a. Evidence by Accomplice

b. Definition of Witness, Witness Protection Scheme

c. Examination of Witness, Cross Examination, Leading Questions and Hostile Witness

d. Refreshing Memory

e. Impact of Forensic Science: Evidentiary Value in DNA Test, Narco-analysis.

f. Impact of Social Media in the Law of Evidence

Text Books:

1. M. Monir, Law of Evidence, Universal Law Publishing Co. Pvt. Ltd, 2006

2. Rattan Lal Dheeraj Lal, Law of Evidence, Lexis Nexis, 2011

References:

1. GS Pande, Indian Evidence Act, Allahabad Law Agency, 1996

2. Avtar Singh, Principles of Law of Evidence, Central Law Publications, 2013

3. Dr. Satish Chandra, Indian Evidence Act, Allahabad Law Agency, 2007

4. Batuk Lal, Law of Evidence, Central Law Agency, 1990


SEMESTER –II

LAW OF CONTRACT – II (SPECIAL CONTRACT)

Course Objective

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

Module – I Contracts of Indemnity

Meaning of Contract of Indemnity

Rights of Indemnity holder

Time of commencement of Indemnifier’s Liability

Are Insurance Contracts the Contracts of Indemnity?

Module – II Contracts of Guarantee

Meaning & Features of Contract of Guarantee

Difference between a Contracts of Indemnity & Contract of Guarantee

Nature & Extent of Surety’s Liability

Meaning & Revocation of Continuing Guarantee

Rights of Surety against Principal Debtor, Creditor & Co-Surety

Module – III Contracts of Bailment

Definition & Essentials of Contract of Bailment

Duties of Bailor

Duties of Bailee’s

Rights of the Bailee & General & Particular Lien

Duties & Rights of Finder of Goods

Module – IV Contracts of Pledge


Definition of Pledge & Distinction between Bailment & Pledge

Rights of Pledgee

Pledging of goods by Non-Owners

Module – V Contracts of Agency

Meaning & Essentials of Contract of Agency

Different kinds of Agents- Auctioneers, Brokers & Del Credere Agents

Extent of Agent’s Authority – Actual, Apparent, Authority in Emergency

Duties of Agent

Termination of Agency

Suggested Reading:

1. Avtar Singh, Law of Contract and Specific Relief, Eastern Book Company, 2013 (11th Edn)

2. Pollock & Mulla, Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)

3. Anson, Law of Contract , Oxford University Press, 2010 (29th Edn)

4. Cheshire and Fifoot, Law of Contract, Lexis Nexis, 2010 (10th Edn)

5. Dutt, Contract- The Indian Contract Act, 1872, Eastern Law House, 11th Edition, 2013

6. MLJ, Law of Contract and Specific Relief, Lexis Nexis, 2009

7. S.K Kapoor, Contract – II, Central Law Agency, 2015

8. Akhilekshwar Pathak, Law relating to Special Contracts- Contracts of Bailment, Pledge, Hypothecation, Indemnity & Guarantee, 1st Edition, 2013


SEMESTER –II

INDIAN PENAL CODE

Objective: This paper will deal with the basic principles of criminal law determining criminal liability and punishment.

UNIT I

Crime –

Constituent Elements of Crime

Actusreus and Mensrea

Types - Strict Responsibility in Criminal law

Jurisdiction - Personal, Territorial, Extra - Territorial

Admiralty- Punishment - Objective, basis and Types.

UNIT II

General Defenses -justifiable- excusable offences- Mistake of Fact,

Judicial Acts

Accident

Necessity

Infancy

Insanity

Intoxication

Consent

Compulsion

Triviality

Right of private Defense.

UNIT III

Parties to a Crime

Similar intention and common intention

Joint and Constructive Liability

Abetment

Conspiracy.

UNIT IV

Specific Crimes

Offences Against State - waging war against the government -treason-sedition

Offences Against Public Tranquility- Unlawful Assembly, Rioting, Affray

Giving and fabricating false statement.

Offences relating to election.

Offences against Human Body- Homicide (murder, culpable- homicide and negligent homicide) Hurt and grievous hurt, Wrongful restraint and confinement, Kidnapping and abduction rape and unnatural offences-stalking- voyeurism

Offences against Property- Theft, Extortion, Robbery, Dacoity, Criminal misappropriation and Breach of trust, Cheating, Forgery, Mischief and Criminal Trespass- house trespass- house breaking.

Offences relating to Marriage- dowry death-cruelty- bigamy- adultery.

Offences against women and children

Offences relating to religion


Defamation, insult, Criminal intimidation etc.

UNIT V

Law of Attempt

STATUTORY MATERIALS

The Indian Penal Code, 1860.

Criminal Law Amendment Act, 2013

PRESCRIBED BOOKS

1. Kenny : Outlines of Criminal Law

(Chapters relating to General Principles)

2. Ratanlal : The Indian Penal Code.

3. Gour, K.D. : Cases and Materials in Criminal Law

4. B.M. Gandhi : Criminal law

5. Achuthan Pillai : Law of Crimes


SEMESTER –II

FAMILY LAW-II

Module I

Christian Marriage Act & Indian Divorce Act

The persons by whom marriage may be Performed , time place of marriage, registration of marriage, marriage before registrar, marriage of Indian Christians, penalties , dissolution of marriage , nullity of marriage , custody of children , re- marriage.

Module II

Parsi Marriage and Divorce Act

Definitions.-Guardian, Ward, Power of the Court to make orders as to guardianship. Matter to be considered by the Court in appointing guardian. Guardian not to be appointed by the Court in certain cases.Limitation of powers of guardian of property.

Module III

Special Marriage Act

Solemnisation of marriage, registration, restitution of conjugal rights, judicial separation.

Module IV

Maintenance

under Hindu Laws, Under Christian laws , under parsi laws, under special marriage act, under section 125 of crpc., under Muslim Women(protection and rights of divorce) act, 1986, Hindu adoption and maintenance act, 1956.

Module V Hindu Successions Act, 1956

Intestate Succession, Escheat, Testamentary Succession,

Module VI Guardianship

Definitions.-Guardian, Ward, Power of the Court to make orders as to guardianship. Matter to be considered by the Court in appointing guardian. Guardian not to be appointed by the Court in certain cases.. Limitation of powers of guardian of property appointed or declared by the

Court, Removal of guardian. Power of High Court to make rules


SEMESTER –II

INDIAN CONSTITUTIONAL LAW II

Course Objective: The Objective of this paper is to provide understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.

Course Outcomes:

1. To understand the form of Government- Parliamentary and Presidential.

2. To understand the Parliamentary democracy and its structure

3. To understand the contemporary status of center-state relations.

4. To generate understanding of methods of amendment in the constitution of India

Module I: The Executive

The President and Vice President- Election, Tenure, Oath, Removal and Vacancy

The Governor- Appointment, Tenure, Oath and Removal

Protection and Immunities of President and Governors

Powers, Functions and Constitutional Position

Council of Ministers and Collective Responsibility

Module II: The Legislative

Parliament – Composition, Qualifications and Disqualifications

Parliament – Powers and functions

Parliamentary Privileges

State Legislature

Module III: The Judiciary

The Union Judiciary- Establishment and Constitution of Supreme Court -Appointment and Removal of Judges -Jurisdiction of Supreme Court: Court of Record, Original, Appellate and Advisory -Doctrine of stare decisis (Art. 141) - Power to complete Justice (Art. 142)

The State Judiciary- High Courts in States -Appointment, Removal, Jurisdiction (Original, Appellate, Writ and Supervisory Jurisdiction)

Module IV: Right to property &Freedom of Trade, Commerce and Intercourse

Concept and Scope of Trade, Commerce and Intercourse

Regulatory and Compensatory Tax

Exceptions to freedom to trade and commerce

Right to property

Module V: Other Provisions

Emergency Provisions: Articles 352- 360

Amendment of Constitution

i. Procedure of Amendment of the Constitution

ii. Doctrine of Basic Structure

List of Books/Reference Books/E-Books:

1. Shukla, V.N. Constitution of India, 11th ed., pp. A 28-A 35 EBC, Lucknow.

2. Jain M. P., Indian Constitutional Law, 5th edition, page no. 568 to 652, Wadhwa, Nagpur.

3. Tope, T.K. Constitutional Law of India, 3rd edition Eastern Book Company, Lucknow.

4. Basu, Durga Das, Introduction to Constitution of India, Nagpur: Wadhwa publication,2010.


2ND YEAR

Semester –III

BUSINESS LAW

Course Objective:

This paper is to provide understanding about the important statutes governing transfer of property in goods and negotiable instruments.

Course Outcome:

To acquire knowledge and develop understanding of the regulatory framework of various Business Law viz.. The Indian Contract Act, 1872, The Sales of Goods Act, 1930, Negotiable Instruments Act 1881,

UNIT – I: SALE OF GOODS: DEFINITION, CONDITIONS AND PERFORMANCE

a) Definition of ‘goods’ and ‘sale’

b) Essentials of sale

c) Conditions and Warranties

d) Passing of property

e) Nemo Dat quod non habet

f) Performance of Contract

UNIT – II: SALE OF GOODS ACT: RIGHT OF PARTIES AND REMEDIES

a) Rights of unpaid seller

b) Remedies for breach of contract

UNIT – III: NEGOTIABLE INSTRUMENTS

a) Definition, essential kinds of negotiable instruments

b) Holder and holder in due course

c) Negotiation and assignment

UNIT – IV: NEGOTIABLE INSTRUMENTS: PRESENTATION AND LIABILITY

a) Presentation of Negotiable Instruments

b) Crossing of cheques

c) Discharge from Liability

d) Noting and Protest

e) Dishonour of negotiable instruments

UNIT – V: THE INDIAN PARTNERSHIP ACT, 1932

a) Nature of partnership firm

b) Relations of partners to one another and outsiders

Rights /Duties of partners inter se

Partnership Property


Relations of Partners to third parties

Liability for holding out

Minor as a partner

c) Incoming and outgoing partners

d) Dissolution

REFERENCES:

1. Chalmers – Sale of Goods Objective: This paper is to provide understanding about the important statutes governing transfer of property in goods and negotiable instruments.

2. Benjamin, Sale of Goods

3. Khergamwala - Law of Negotiable Instruments


SEMESTER –III

ENVIRONMENTAL STUDIES AND ENVIRONMENTAL LAWS

Objective: The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national level.

Module 1

Introduction to Environmental Law and sustainable development

a. introduction,

b. sustainable development ,

c. constitutional commitment to protection of environmental Law and

d. PIL

Module 2

Environment and Law

a. Protection of environment under general Law,

b. environmental protection act 1986,

c. water pollution,

d. Air pollution,

e. Noise Pollution,

Module 3

Environmental Protection

a. Protection of forest ,

b. protection of wild life,

c. Hazardous waste ,

d. Bio medical waste,

e. Coastal zone management ,

Module 4

International regime

a. International regime and other

b. miscellaneous topic :

i. ECOMARK,

ii. Environmental Audit and

iii. Ozone depletion.

References:

1. P. Leelakrishnan, Environmental Law Case Book, Lexis Nexis, 2nd Edition, 2006

2. S. C. Shastri, Environmental Law, Eastern Book Company, 4th Edition, 2012

3. Gurdip Singh, Environmental Law in India, MacMillan Publisher, 2005

4. Sneh Lata Verma, Environmental Problems: Awareness and Attitude, Academic Excellence Publishers & Distributors, Delhi, 2007

5. Benny Joseph, Environment Studies, Tata McGraw Hill, New Delhi, 2009


Semester –III

CODE OF CRIMINAL PROCEDURE

Objective: This paper is to give students thorough knowledge of procedural aspects of working of criminal courts and other machineries.

Module – I Introduction

Definitions

Constitution & Powers of Criminal Courts & Offices

Arrest of Persons & Rights of arrested persons

Processes to Compel appearance of persons

Summons

Warrant

Proclamation & Attachment of Property

Processes to Compel production of things

Summons to Produce & Search Warrants

General provisions relating to Search

Module – II Pre-Trial Proceedings

Information to Police & their Powers to investigate

Jurisdiction of Criminal Courts in Inquiries & Trials

Conditions requisite for Initiation of proceedings

Complaints to Magistrates

Commencement of proceedings before Magistrates

Provisions as to Bail & Bonds

Module – III Trial Proceedings

Framing of Charge & Joinder of Charges

Trial before a Court of Session

Trial of Warrant cases by Magistrates

Trial of Summons cases by Magistrates

Summary Trials

Evidence in Inquiries & Trials & General provisions

Module – IV Miscellaneous

Appeals

Reference & Revision

Transfer of Criminal cases & Execution, Suspension, Remission & Commutation of Sentences

Irregular Proceedings & Limitation for taking Cognizance of certain offences

Plea Bargaining

Suggested Reading:

1. N. Chandrasekharan Pillai, R.V. Kelkar’s Lectures on Criminal Procedure, Eastern Book

Company, 2013

2. N. Chandrasekharan Pillai, Criminal Procedure, Eastern Book Company, 2004

3. Aiyer, Mitter, Law of Bails- Practice and Procedure, Law Publishers(India) Pvt. Ltd., 2012

4. V. Ramakrishna, Law of Bail, Bonds, Arrest and Custody, Lexis Nexis, 2008


Semester –III

ADMINISTRATIVE LAW

Objective: The paper will make students aware of various aspects of Administrative Law including quasi-legislative, quasi-judicial and other ministerial functions of administration and control thereof with a practical approach.

Module 1

Introduction to Administrative Law-

a. Evolution,

b. Nature and Scope of Administrative Law,

c. Civil Services in India

Module 2

Powers of Administration

a. Legislative Power of Administration ,

b. Judicial Power of Administration ,

c. Judicial control of Administration

Module 3

Administrative Discretion

a. Administrative Discretion

b. Liability of Wrongs

Module 4

Administrative Law and State

a. Corporations and Public undertakings ,

b. Informal methods of settlement of disputes and grievance redressal procedures.

Text Books:

1. H.W.R. Wade & C.F. Forsyth, Administrative Law, Oxford University Press, 2009 (12th Edn)

2. M.P. Jain & S.N. Jain, Principles of Administrative Law, Lexis Nexis, 2013 (7th Edn)

References:

1. I.P. Massey, Administrative Law, Eastern Book Company, 2012, (8th

2. C.K. Takwani, Lectures on Administrative Law, Eastern Book Company, 2012 (5th Edn)

3. S.P. Sathe, Administrative Law, Lexis Nexis Butterworths Wadhwa, 2010 (7th Edn)


SEMESTER –III

INTELLECTUAL PROPERTY LAW

Objective: The aim of this paper is to introduce the basic concepts of Intellectual property laws to the students for first time and familiarize them with the kind of rights, remedies and licensing regime associated with each kind of intellectual property so that students can have a basic understanding of Intellectual Property laws.

Module I – Introduction

1. Basic concept of Intellectual Property

2. Characteristics and Nature of Intellectual Property right

3. Justifications for protection of IPC

4. IPR and Economic Development

5. Major International Instruments relating to the protection of IP

i. Berne Convention

ii. Paris Convention

iii. TRIPS

Module II – Copyright

1. Meaning

2. Subject matter

i. Original literary, dramatic, musical, artistic works

ii. Cinematograph films

iii. Sound recordings

3. Ownership of copyright

4. Term of copyright

5. Rights of owner

i. Economic Rights

ii. Moral Rights

6. Assignment and license (including basic concept of statutory and compulsory license) of

rights

7. Performers rights and Broadcasters rights

8. Infringement of copyright

9. Fail use and Fair Dealing concepts

Relevant Sections: Sections 2,3,13, 14, 17, 18, 19, 22 to 31D, 37, 38, 51, 52, 63, 63A, 63B

Module III – Patents

1. Meaning

2. Criteria for obtaining patents

i. Novelty

ii. Inventive step

iii. Utility

3. Non patentable inventions

4. Procedure for registration, Term of patent, Rights of patentee

5. Basic concept of Compulsory license and Government use of patent

6. Infringement of patents and remedies in case of infringement

Relevant Sections: 2, 3, 4, 6, 9, 10,11A, 11B, 12, 25, 43, 45, 47, 48, 50, 53, 82 to 85, 87, 94, 99,


100, 104, 107, 107A, 108, 114,

Module IV – Trade Marks

1. Meaning of mark, trademark

2. Categories of Trademark: Certification Mark, Collective Mark and Well known Mark and

Non-conventional Marks

3. Concept of distinctiveness

4. Absolute and relative grounds of refusal

5. Doctrine of honest concurrent user

6. Procedure for registration and Term of protection

7. Assignment and licensing of marks

8. Infringement and Passing Off

Relevant sections: 2, 9, 11, 12, 18 to 29, 38, 39, 122, 134, 135

Module V – Designs, GI and other forms of IP

1. Designs

1. Meaning design protection

2. Concept of original design

3. Term of protection

Relevant Sections: Section 2 (a) (d) (j) (g), 4, 5, 11, 22.

2. Geographical Indication

1. Meaning of GI

2. Difference between GI and Trade Marks

3. Concept of Authorized user

4. Homonymous GI

Relevant Sections: Section 2 (e) (f) (k ) (n) , 3, 7, 9, 10.

3. Trade-secret

1. Meaning

2. Criteria of Protection

4. Plant Variety Protection and Farmer’s Right

1. Meaning

2. Criteria of protection

Relevant Sections: Section 2 (i) (j) (k) (l), 14, 15, 16, 39

Reference

Statutes

The Copyright Act, 1957

The Patent Act, 1970

The Trade Marks Act, 1999

The Designs Act, 2000

The Geographical Indication of Goods Act, 1999

The Protection of Plant Varieties and Farmers’ Rights Act, 2001


SEMESTER –III

ALTERNATIVE DISPUTE RESOLUTION

OBJECTIVE:

The objective of this paper is to acquaint students with various modes of ADR. Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.

COURSE OUTCOMES:

At the end of this course the following outcomes should be achieved: Having successfully completed this course you will be able to:

1. Appreciate the advantages of resolving disputes through alternative dispute resolution mechanisms.

2. Appreciate the conceptual framework related to various ADR processes.

3. Appreciate the skills required for successfully conducting the ADR proceedings.

4. Identify various styles of drafting the arbitration clause in an agreement.

5. Identify and analyze the key provisions of the Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987.

6. Critically analyze the leading case-law pertaining to the Civil Procedure Code, 1908 [Section 89], Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987.

MODULE 1: BASICS OF ALTERNATIVE DISPUTE RESOLUTION

CONCEPT OF ADR

HISTORY AND REASONS FOR THE GROWTH OF ADR

ADVANTAGES & DISADVANTAGES – ADR MECHANISMS

LITIGATION VS. ALTERNATIVE DISPUTE RESOLUTION

MODULE 2: IMPORTANT FORMS OF ADR

MEANING ,CHARACTERISTICS & ESSENTIAL ELEMENTS OF NEGOTIATION , MEDIATION ,

CONCILIATION , ARBITRATION , OMBUDSMAN ,LOK PAL AND LOKAYUKTA ,LOK-ADALAT.

MODULE 3: ARBITRATION

INTRODUCTION

IMPORTANT TERMINOLOGIES IN ARBITRATION

. TYPES OF ARBITRATION


LEGAL FRAMEWORK GOVERNING ARBITRATION

THE ARBITRATION AND CONCILIATION ACT, 1996

a) LEGISLATIVE BACKDROP, SCOPE AND DEFINITIONS

b) ARBITRATION AGREEMENT

c) COURTS POWER OF SUPERVISION

d) ARBITRATORS

e) ARBITRAL PROCESS AND CHALLENGES TO ARBITRATION

f) ARBITRAL AWARD

g) RECOURSE AGAINST ARBITRAL AWARD

h) RECOGNITION & ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

MODULE 4 : CONCILIATION

APPOINTMENT OF CONCILIATOR

ROLE OF CONCILIATOR

COMMENCEMENT OF CONCILIATOR PROCEEDINGS

TERMINATION OF CONCILIATION PROCEEDINGS.

Text Books:

1. J. G. Merrills, International Dispute Settlement. U.K : Cambridge University Press, 2005(Fifth Edn)

2. Avtar Singh, Law of Arbitration and Conciliation, Eastern Book Company, 2013(10th Edn)

References:

1. Robert J. Niemic, Donna Stienstra and Randall E. Ravitz, Guide to Judicial Management of Cases in ADR, Federal Judicial Centre, 2001

2. J. Auerbach, Justice Without Law? Oxford University Press, 1983

3. Abraham P. Ordover and Andrea Doneff, Alternatives to Litigation : Mediation, Arbitration, and the Art of Dispute Resolution, Notre Dame: National Institute for Trial Advocacy, 2002


SEMESTER –IV

COMPANY LAW

Objective: The paper aims to provide insight into formation and winding up of companies besides Corporate Administration.

Unit-I: Formation, Registration and Incorporation of company

a. Nature and kinds of company

b. Promoters: Position, duties and liabilities

c. Mode and consequences of incorporation,

d. Uses and abuses of the corporate form, lifting of corporate veil,

e. Memorandum of Association, alteration and the doctrine of ultra vires,

f. Articles of association, binding nature, alteration, relation with memorandum of association, doctrine of constructive notice and indoor management- exceptions.

Unit-II: Capital Formation

1. Prospectus: Issues, contents, Kinds, liability for misstatements, statement in lieu of prospectus,

2. The nature and classification of company securities,

3. Shares and general principles of allotment,

4. Statutory share certificate, its objects and effects,

5. Transfer of shares,

6. Share capital, reduction of share capital,

7. Duties of court to protect interests of creditors and shareholders.

8. Debentures, kinds, remedies of debenture holders.

Unit – III: Corporate Administration

a. Directors – kinds, powers and duties,

b. Insider trading,

c. Meetings kinds and procedure,

d. The balance of powers within companies - Majority control and minority protection, Prevention of oppression, and powers of court and central government,

e. Emerging trends in Corporate social responsibility, legal liability of company - civil, criminal, tortuous and environmental.

Unit-IV: Winding up of Companies

a. Kinds, consequences and reasons of winding up,

b. Role of the court,

c. Liability of past members,

d. Payment of liabilities,

e. Reconstruction and amalgamation.

Text books:

1. Avtar Singh : Indian Company Law

2. Shah S. M : Lectures on Company Law Further

Readings:

1. Palmer - Company Law

2. Ramiaya: Guide to Companies Act

3. Gower: Principles of Modern Company Law


SEMESTER –IV

PUBLIC INTERNATIONAL LAW

Objective: The objective of this paper is to acquaint the students with the basics of Public International Law and practice.

Unit – I: Introduction

a. Nature of International Law

b. Subjects of International Law

c. Relationship between International Law and Municipal Law

Unit –II: Sources of International law

a. Custom

b. Treaties

c. General Assembly Resolutions

d. General Principles

e. Juristic Works

f. Other Sources

Unit-III: Recognition, Extradition and Law of the Sea

a. Recognition

(i) Theories of Recognition

(ii) De facto, De jure recognition

(iii) Implied Recognition

(iv) Withdrawal of Recognition

(v) Retroactive Effects of Recognition

b. Extradition

i. State Jurisdiction

ii. Customary Law basis

iii. Treaty Law

iv. The nature of obligation

c. Law of the Sea

i. Territorial Sea

ii. Contiguous Zone

iii. Exclusive Economic Zone

iv. Continental Shelf

v. High Sea

Unit – IV. International Organizations

a. UN

b. b. ICJ

c. c. IMF and IBRD

d. d. WTO

e. e. ICAO


f. f. IAEA

g. g. UNEP

Text books:

1. Starke – Introduction to International Law

2. Oppenheim - International Law

References:

1. Brownlie – Principles of International Law

2. Shaw - International Law


SEMESTER –IV

LAND LAWS

Objective: The object of this paper is to focus on land reforms besides land acquisition procedures enunciated in the Act of 1894and the rent laws.

Unit – I: Land Reforms

a. Constitutional Provisions on Agrarian Reform Legislation

b. Abolition of private landlordism

c. Land Ceiling Legislation

d. State enactments prohibiting alienation of land by tribals to non-tribals

e. Consolidation of holdings

Unit – II: Land Acquisition

a. Purpose

b. Procedure

c. Compensation

Unit – III: Rent Law: Concepts, Terms and Processes

a. Rent Legislation in India

b. Definitions, Land Lord, Tenant, Land and Fair Rent.

c. Fixation of fair rent

Unit – IV: Eviction and Dispute Settlement Mechanism

a. Grounds of eviction: Non-payment of Rent, Sub-letting, Change of user, Material, alterations, Non-occupancy, Nuisance, Dilapidation, Bonafide requirement of the landlord, Alternative accommodation, Building and re-construction and Limited Tenancy

b. Settlement of rent disputes

Text books:

1. Constitution of India – Mr. V.N. Shukla

2. Law of Acquisition of land in India – Mr. P.K. Sarkar

3. Law of Rent Control in India – K.T.S. Tulsi


SEMESTER –IV

CODE OF CIVIL PROCEDURE

Objectives: The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.

Unit-I: Introduction

a. Definitions: Decree, Judgement, Order, Foreign Court, Foreign Judgement, Mesne-Profits, Affidavit, Suit, Plaint, Written Statement

b. Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat, Inherent Powers of Courts

c. Execution of Judgement and Decree

Unit-II: Initial Steps in a Suit

a. Jurisdiction and Place of Suing

b. Institution of Suit

c. Pleadings: Meaning, Object, General rules, Amendment of Pleadings

d. Plaint and Written Statement e. Appearance and Non-Appearance of Parties

Unit-III: Interim Orders

a. Commissions b. Receiver c. Temporary Injunctions d. Summary Procedure e. Suits by Indigent persons f. Inter-pleader Suit

Unit – IV: Appeal, Reference, Review and Revision

a. Appeals from Original Decree

b. Appeals from Appellate Decrees

c. General Provisions relating to Appeals

d. Reference to High Court

e. Review

f. Revision

Text Books:

1. Dinshaw Fardauzi Mulla, Mulla’s Code of Civil Procedure, Lexis Nixis (18th Edn)

2. Sudipto Sarkar & V.R. Manohar, Sarkar’s Code of Civil Procedure (2 Vols), Lexis Nexis India (11th Edn)

References:

1. Universal’s Code of Civil Procedure, 1908 (Bare Act)

2. C.K. Takwani, Code of Civil Procedure, Eastern Book Company, 2010

3. M.R. Malik, Ganguly’s Civil Court, Practice and Procedure, Eastern Law House, 2012.

4. M.P. Tandon, Code of Civil Procedure, Allahabad Law Agency, 2005


SEMESTER –IV

PROPERTY LAW

Objective: The objective of this paper is to focus on concept and classification of property as well as principles governing transfer of immovable property.

Unit-I: Concept of Property and General Principles Relating to Transfer of Property

a. Concept of Property: Distinction between Movable and Immovable Property

b. Conditions Restricting Transfer

c. Definition of Transfer of Property

d. Transferable and Non-Transferable Property

e. Transfer to an Unborn Person and Rule against Perpetuity

f. Vested and Contingent interest

g. Rule of Election

Unit-II: General Principles Governing Transfer of Immovable Property

a. Transfer by Ostensible Owner

b. Rule of Feeding Grant by Estoppel

c. Rule of Lis pendens

d. Fraudulent Transfer

e. Rule of Art Performance f. Actionable Claim

Unit – III: Specific Transfers – I

a. Mortgage: Definitions and Kinds, Rights and Liabilities of Mortgagor and Mortgagee

b. Charge

Unit – IV: Specific Transfer – II

a. Sale and Gift

b. Lease

Text Books:

1. Mulla, Transfer of Property Act, Lexis Nexis, 2013

2. Poonam Pradhan Saxena, Property Law, 2011

References:

1. James Charles Smith, Propert and Sovereignty (Law, Property and Society), Ashgate, 2014

2. Avtar Singh, Transfer of Property Act, Universal Publishing Pvt Ltd., 2012

3. Sandeep Bhalla, Digest of Cases on Transfer of Property in India, Eastern Book Company, 2nd Edn., 2012


SEMESTER –IV

PENOLOGY & VICTIMOLOGY

INTRODUCTION Crime and the threat of victimization are inescapable realities of contemporary society. Crime is so commonplace that prevention and security measures are viewed as natural and necessary precautions in both public and private life. A considerable and growing percentage of public resources are allocated for juvenile delinquency prevention initiatives, law enforcement training and technology, corrections, substance abuse treatment and numerous other aspects of criminal justice.

OBJECTIVES This course of Crime and Punishment would

(a) Attempt to answer such queries of the human mind and afford explanations to criminal behaviour and reactions to crime.

(b) It is an on-going study with numerous researches and surveys been conducted all over the world to find the most suitable explanation of criminality and criminal behaviour, nevertheless, there is no final answer, which will be examined.

(c) Concern for the Victims of crime would be another facet of the study of the subject with emphasis on concepts of restorative justice, compensatory jurisprudence and rehabilitative techniques.

Unit – 1 Concept and justification of punishment

Theories of Punishment

Rationalisation of Punishment

Essentials of an ideal penal system

Penal policy in India

Forms of Punishment and Judicial sentencing

Capital Punishment

Unit – 2

White Collar Crimes and its sentencing

Alcoholism, Drug Addiction and Crime

The Police System

The Criminal law courts

Crime Prevention

Unit – 3

The Prison Administration

Prisons in ancient India

Role of Prisons in modern penology

Prison problems

Classification of prisoners

Prison reforms

Open Prisons

Judicial directives for prison administration

Unit – 4

Victimology

Definition and Meaning

UN Declaration of Principles of Justice for Victims of Crime & Abuse of Power (1985)

Victimology Developments in Indian Criminal Law Jurisprudence


Incorporation of concept of Victimology in Criminal Justice system of India: Section 357, proviso of 372 of Cr.P.C

Theories of Victimology

Victims of crime, Victims of abuse of power

Impact of victimization – social and psychological

Safeguarding victim’s rights through legal reforms

Compensatory relief to victims – Judicial trend.

Suggested Readings:

1. Criminology, Penology and Victimology, Prof. Pranjape

2. U. Baxi, "Dissent, Development and Violence" in' R.Meaghar (ed.). Law and Social Change: Indo-Americal Reflections 92 (1988)

3. U. Baxi (ed.), Law and Poverty: Critical Essays (1988)

4. A.R, Desai (ed.), Peasant Struggles in India (1979)

5. A.R. Desai, Agrarian Struggles in India: After Independence (1986) 6. A.R.Desai, Violation of Democratic Rights in India (1986)

7. D, A, Dhangare, Peasant Movement in India 1920-1950 (1983)

8. RanjitGuha, Element any Aspects of Peasqnt Insurgency in Colonial India (1983)

9. RanjitGuha (ed.), Subaltern'Studies Volil-6 (1983-88)

10.T. Honderich, Violence for Equality 1980).

11."The Logic of Religious Violence: The Case of Punjab" 22 Contributions to Indian Sociology 65 (1988) RajniKoihari, State against Democracy (1987)

12.G.Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)

13.K. S. Shukla, "Sociology of Deviant Behayiour" in 3 ICSSR Survey of Sociology and Social Anthropology 1,969-1979 (1986)


3RD YEAR

SEMESTER –V

PROFESSIONAL ETHICS (CLINICAL PAPER-II)

MODULE I:

History of Legal Profession in India This modute contains the study of legal profession in India in ancient, medieval and especially the changes which the profession underwent during British rule and other related aspects essential to understand the history oflegal profession in India.

MODULE II:

Professional Ethics and Duties of Lawyers This module includes issues like need and necessity of ethics in the legal profession, relevant theories explaining its value and relevance in legal profession. In addition, duties of lawyers towards his clients, court, public, his fellow attomeys, self, society, etc., will also be undertaken for discussion. lndian code of ethics will be discussed in comparison with that of American Code. The module will also include role played by a lawyer in the administration of justice and advocate's duty towards legal reform and duty to provide legal aid etc.

MODULE III:

Advocates Act, 1961 This module covers the Advocates Act, l96l and relevant provisions ofThe Bar Council oflndia Rules.

MODULE IV:

Rights and Limitations of such Rights The core contents of this module are right to practice, right to argue his case, right over his professional fees. Decisions of courts on Advocate's right to strike will be subject of deliberation. Conflicts of interests, lawyer's versus client's interests and limitations of the rights of lawyers including restrictions on advertising, bar from carrying on other professions, etc will also be taken up for discussion.

MODULE V:

Liability for Deficiency in Service and other Wrongs Committed by Lawyers This module includes essential skills of a lawyer, case laws and relevant enactments like consumer Protection Act, 1986; the contempt of Court Act, l97l etc. which imposes liability upon an advocate for the wrongs he commits in the course of his professional service.

MODULE VI:

Impact of globalization on legal services in India The following important topics will be taken up for class discussion during the course: Impact of Globalization on legal profession, Legal outsourcing in lndia, Role of advocate in providing legal aid services, Advocate's role in outside cour/informal settlement ofdisputes and Age bar and entry into practice.

References:

l. Raju Ramach andran, Professional Ethics: Changing Profession and Changing Ethics, LexisNexis, Butterworths

2. P.B. Mukharj i, Professional Ethics of the Advocale, University of Burdwan

3. P. Ramanatha Aiyer, Legal & Professional Ethics- Legal Ethics, Duties & Privileges ofa Lawye r, W adhwa Publications, Nagpur

4. Justice V.R. Krishna lyer, Law, Lawyers and Jusrice, B.R. Publishing Corp. Delhi


5. Stephen Gillers, Regulation of Lowyers: Problems of Law & Ethics, Little, Brown & Com Boston Toronto, London

SEMESTER –V

DRAFTING, PLEADING AND CONVEYANCE (CLINICAL PAPER-III)

Objective: The object of this paper is to train students in the art of drafting both for court purposes as well as for other legal forums

Unit – I: Fundamental Rules of Pleadings

a. Plaint Structure

b. Description of Parties

c. Written Statement and affidavit

d. Application for setting aside ex-part decree

Unit – II: Ordinary suit for Recovery

a. Suit under Order XXXVII of CPC and the difference between the two suits

b. Suit for Permanent Injunction

c. Application for temporary injunction Order XXXIX of CPC

d. Suit for Specific Performance e. Petition for eviction under the Delhi Rent Control Act

Unit – III: General Principles of Criminal Pleadings

a. Application for bail

b. Application under Section 125 Cr.P.C.

c. F.I.R. – under Section 154 Cr.P.C.

Unit – IV: Model Draft Forms

i. Notice to the tenant under section 106 of Transfer of Property Act

ii. Notice under section 80 of CPC

iii. Reply to notice

iv. General Power of Attorney

v. Will

vi. Agreement to SELL

vii. Sale – deed

viii. Suit for Dissolution of Partnership

ix. Petition for grant of probate / Letters of Administration

x. Application for appointment of receiver/Local Commissioner

xi. Application for Compromise of Suit

xii. Application for Appointment of Guardian

xiii. Application to sue as an indigent person under Order 33 CPC

xiv. Appeal from original decree under Order 41 of CPC

xv. Appeal from orders under order 43 of CPC

xvi. Revision Petition

xvii. Review Petition

xviii. Application under section 5 of Limitation Act

xix. Application for execution xx. Application for caveat section 148A of CPC

xxi. Writ Petition xxii. Application under section 482 of CPC

xxiii. Compounding of offences by way of compromise under section 320(i) Cr.P.C. xxiv. Lease deed xxv. Special Power of Attorney

xxvi. Relinquishment Deed

xxvii. Partnership Deed xxviii. Mortgage Deed

xxix. Reference to Arbitration and Deed of Arbitration xxx. Deed of gift


xxxi. Notice under section 434 of the Companies Act

xxxii. Notice for Specific Performance of Contract

Text books:

1. Conveyancing – N.S. Bindra

2. Conveyancing – A.N. Chaturvedi

3. Mogha’s Law of Pleading

4. Conveyancing – D’Souza


SEMESTER –V

INTERPRETATION OF STATUTES

Objective: The paper is to equip the students with various tools of interpretation of statutes.

Unit – I: Introduction

a. Meaning of Interpretation

b. Need for Interpretation

Unit – II: Different parts of a Statute

Unit – III: Rules of Interpretation

a. Literal Rule

b. Golden Rule

c. Mischief Rule

Unit – IV: External and Internal aids of construction

Text books:

1. Maxwell’s on Interpretation

2. G.P. Singh’s Interpretation

References:

1. Craies on Interpretation

2. Crawford on Interpretation


SEMESTER –V

LAW OF LIMITATION

Objective-The Limitation Act, 1963 is an adjective enactment and addresses a very important aspect of civil law. It not only prescribes the limitation period for various legal proceedings and enforcement of rights but also speaks of condonation procedures and exclusion of time etc. Without studying the Law of Limitation any knowledge of the Civil Procedures shall remain inchoate and therefor it finds place in our present syllabus

UNIT-I

Salient feature and object of limitation Act 1963

UNIT-II

General Provisions as to the Bar of Limitation and Extension of the prescribed time (Sections 1-5)

UNIT-III

Legal Disability, exclusion of time etc. (Sections 6-24)

UNIT-IV

Acquisition and Extinguishment of Proprietary rights by the virtue of limitation (Sections 25-27)

Prescribed Books:

1. M.R. Mallick, B.B. Mitra The Limitation Act,, 1963 (22nd ed., 2011) 2. K. Shanmukham, Sanjiva Row’s The Limitation Act (9th ed., 2000)


SEMESTER –V

MEDIA & LAW

Objective-Media law is a course that seeks a co-relationship of the constitutional objective of free expression and speech and also the restrictions and rights governing the fourth estate.

UNIT 1.

Media and Law: An Introduction

• Introduction to freedom of ‘Speech and Expression

• International background of freedom of ‘Speech and Expression’

• Theoretical aspects of freedom of ‘Speech and Expression’

• Freedom of ‘Speech and Expression’ with reference to Media: comparative analysis of US and Indian Jurisdictions

• Importance of Media

• Historical background of Freedom of Speech and Expression in India with special reference to Print Media

UNIT 2.

Theories related with Media

• Four Theories of Press

• Free Market Place of Ideas Theory

UNIT 3.

Constitutional framework of freedom of ‘Speech and Expression’ in India

• Meaning, nature and development of freedom of Speech and Expression

• Perusing the Freedom of ‘Speech and Expression’ as enshrined in the Constitution of India

• Facets of Media under Article 19(1)(a) Immunity of Print Media from Pre-censorship Right to circulate Right to broadcast Right to conduct interviews Publication of parliamentary proceedings Right to Advertisement

UNIT 4.

Constitutional Restrictions on freedom of Speech and expression

• The sovereignty and integrity of India,

• The Security of the State

• Friendly relations with Foreign States

• Public Order

• Decency or Morality

• Contempt of Court

• ‘Madrid Principles’ of relationship between Media and Judiciary

• Defamation or incitement to an offence

UNIT 5.

Regulatory and Broadcasting Framework

• Ombudsman

• Code of Ethics

• Press Council of India

• News Broadcasters Standard Authority


UNIT 6.

Brief Introduction to various ancillary laws

• The law on Privacy in India

• The Right to Information Act, 2005

• The Official Secrets Act, 1923

• The Cinematography Act, 1952

• Laws concerning commercial speech (advertisement)

References:

• Media Law/Peter Carey. – 2nd Ed. – London: Sweet & Maxwell, 1996.

• Law of the Press / Durga Das Basu. – 2nd Ed. – New Delhi: Prentice Hall Inc., 1986.

• Facets of Media Law- A mini encyclopedia covering multiple dimensions of Media Law: by

• Madhavi Goradia Divan, EBC Publications

• Cases and Materials on Media Law: Jethmalani, Ram and Chopra, D. S; Thomson Reuters

• Gallant & Epworth Media Law: A Practical Guide to Managing Publication Risks

• Essays on Press Freedom/V R Krishna Iyer and Vinod Sethi. – New Delhi: Capital

• Foundation Society, 1996


SEMESTER –V

FOREIGN LANGUAGE

(FRENCH)

Objective: The objective of this paper is to make students understand the French language so that they can easily understand the French legal system and the French terms generally used in law.

Unit – I:

(1) Introduction in French

a) Verb: S’appeler Être Avoir Habiter

b) Article / Préposition: à, en, au

c) Name of some common Countries and Nationality

d) To talk about different professions

(2) How to talk about one’s liking and disliking

a) Verb: Aimer Adorer Préférer Detester

b) Some common vocabularies like music, cinema, theatre ……. Etc

c) Article: un, une, des / le, la, les

Unit- II:

(1) How to talk about the activities of week- end and vacations…. etc.)

a) Verb: Aller Venir Rester Se reposer Regarder

b) Preposition / Article : au, à la, ……../ du, de la ………..etc.

(2) How to talk about the activities of the day: a. Pronominal verb: Se réveiller Se lever ……… etc.

(3) To know about time and seasons: A) Verb: Faire Être Objective: The objective of this paper is to make students understand the French language so that they can easily understand the French legal system and the French terms generally used in law. (With effect from the Academic Session 2008-2009) 67

Unit – III:

(1) How to take permission / express one’s wishes:

a. Verb: vouloir Pouvoir Voir

b. Pronoun: moi, toi, ……… etc.

(2) How to locate something / some place or some persona. Préposition: à côté de , à gauche de , sur ………. etc.

(3) How to ask questions / Different form of questions: a. Qu’est-ce que c’est? b. Qui est-ce? c. Comment, pourquoi, Où, Combien ………… etc.

Unit – IV:

(1) How to describe a person: a. Adjective: tall / short Fat / thin

(2) How to write Informal letter Text: Nouveau Sans Frontières-1 (Only concerned lessons which cover the syllabus)

Reference book:

(1) Le Francais du Droit – J. L. Penfornis Campus – Jacky Girardet & Jacques Pecheur


SEMESTER –VI

INVESTMENT AND COMPETITION LAW

Objective: This paper focuses on the investment and competition laws of India in the contest of new economic order.

Unit – I:

Competition Law

a. Background b. Prohibitions c. Competition Commission of India

Unit-II:

Corporate Finance and regulatory framework

a. Security Contract (Regulation) Act 1956 b. SEBI Act 1992 c. Depositories Act 1996 d. The Securitisation and Reconstruction of Financial Assets and enforcement of security Interest Act, 2002

Unit-III:

Regulatory framework for foreign trade, multinational companies,

a. Foreign Trade (Development & Regulation) Act 1992, b. UNCTAD Draft Model on Trans – national Corporations c. Control and regulation of foreign companies in India, d. Foreign collaborations and joint ventures

Unit – IV:

Foreign Exchange Management

a. Background b. Policies c. Authorities

Text books:

1. Competition Act 2002

2. Security Contract (Regulation ) Act 1956

3. SEBI Act 1992

4. Depositories Act 1996

5. Foreign Trade (Development & Regulation) Act 1992,

6. Foreign Exchange Management Act, 1999

7. Taxman’s Student’s Guide to Economic Laws


SEMESTER –VI

CYBER LAW

Objective-The course intends to inculcate the significance of Cyber space and to enlighten the various legal, social and international issues and the various remedies available under the Information Technology Act for the breach and commission of offence in cyber space. The course also outlines international best practices and the various legal mechanisms to control the various offences in the cyberspace.

UNIT – 1:

Introduction to Cyber Laws and Cyber Space

Definition of Cyber Law, Cyber Space and Netizen

Origin/history & functioning of internet

Cyber World and the rule of Law in Cyber World

Significance of Law in Dealing with Challenges Faced by Cyber World.

Issues of Jurisdiction and Applicable Law in Cyberspace

International Treaties, Conventions and Protocols Concerning Cyberspace

UNIT – 2:

Intellectual Property Rights in Cyberspace

Concept of Property in Cyber Space

Implication on Intellectual Property Rights – International & National Legal Preparedness.

Interface with Copyright Law, Patent Law, Trademarks & Domain Names Related issues

The ICANN Uniform Domain Name Dispute Resolution Policy

UNIT – 3:

Information Technology Act, 2000

Cyber Law in India Historical background & Objectives

Legal Recognition of Electronic Records and Procedures

Legal Recognition of Digital Signature

Electronic & Digital Signatures – legal issues

Certifying Authority and its Role

Cyber Appellate Tribunal

Grey Areas of Information Technology Act, 2000

UNIT – 4:

Cyber Crimes & Legal Framework

Kinds of Offences and Penalties defined under the IT Act, 2000

Cyber Crime against – Person, Property & Government

E-Evidence and Computer Forensic

Concept of E-Litigation

Right to Privacy and its Legal Framework

National & International Legal Framework for Protecting Privacy.

Freedom of Speech & Expression vis-à-vis Cyber Law (Sec 66A of IT ActDeclared unconstitutional by Supreme Court)

Books Prescribed:

1. Computers , Technology and the new internet laws – Karnika Seth


2. 2. Legal dimensions of cyber space – S.K.Verma

3. 3. Cyber law – Nandan kamath

4. 4. Intellectual property and the Internet – Rodney Ryder Books for

Reference:

1. Information technology law – Ian. J. Lyod

2. Cyber space law commentaries and Materials- Yee fen Lim

3. Cyber law – Yatindra Sinha

4. Commentaries on Information technology Act – Apar Gupta

5. Law of the Internet - George. B. Delta


SEMESTER –VI

FORENSIC SCIENCES

COURSE OBJECTIVES: Use of science in adjudication is Forensic science. In modern times criminal justice scenario, the traditional sources of proof which go on to include approvers, eyewitness have gone awry. The trials take just too long to keep the witnesses from turning hostile and the criminals are turning cleverer and more scientific. Due to new developments in the field of science, it is important for the law to keep on the technology and use it for its benefit. It is important that the prosecution agencies rely on something more authentic, more concrete and more productive in terms of convictions without the police having to resort to the methods which not only violate fundamental human rights but also fail to produce positive results most of the time. There has to be something that is available, hence, not prone to the whims of the witnesses.

Unit – 1: The role of Forensic Science in Criminal Cases:

History of Forensic Science

Forensic Science Laboratories and their utilization in Police work

The basic question in investigation - Qui Bono

Crime Scene Locard’s Principles of Exchange

Discovery of traces of physical evidence

Systematization and classification of physical evidence and comparison with suspected material

Preservation of the Crime Scene

Value of Trace Evidence

Unit – 2: The Establishment of Identity

The Establishment of Identity of Individuals: -

Footprints, hair, skin, blood grouping; physical peculiarities

The Establishment of the Identity of Physical Objects by shape and size:

Identifying marks and impressions made by physical objects;

Shoes prints, type and tread marks, die and tool marks, upture of fracture marks.

The Establishment of the Identity of Physical Objects by Physical and Chemical Analysis:

Paints, colored objects metal, alloys, chain and the earthen wares: cements, Plaster, bricks, dusts, soil minerals, plastics.

Unit – 3: Questioned Documents and Ballistics

Questioned Documents

Identification of Handwriting and Writing Material Identification

Paper, pen, pencil and ink

Types of Forgery and their detection

The Identification of Fire-Arms and Cartridges and Related Problems

Evidentiary value of details of injuries;

Traces left by the weapon used: its range and direction;

The shape and directions of blood drops and their evidentiary value,

The discovery of blood and semen stains on various objects

Accidental deaths and suicides.

Unit – 4: Modern Scientific Techniques and Law relating to expert and Scientific Evidence:

Narco-Analysis Tests

Polygraph Test

Brain Mapping Test

Lie Detector Test & others


Value of Expert Evidence

Special Provisions in Cr. P.C. related to Expert attendance in court

Judiciary on Expert Opinion

Suggested Reading: -

1. B.S. Nabar: Forensic Science in Crime Investigation

2. Sharma B.R.: Forensic Science.

3.Forensic Science in criminal Investigation Dr.Jaishankar And Amin

4.Fundamentals of Forensic Science by Max M. Houck, Jay Siegel

5. Modern Criminal Investigation: Harry Soderman and john J.O.Conell(Published by Funk &Wangnalls Co.Inc.,New York)

6. Criminal Investigation: PaulL.Kirk,ph.D.(Published by inter science publishers,Inc.,(New York).

7. Criminal Investigation: Cr.A and Cross.(Published by sweet &Maxwell,Limited,London).

8. firearms, Forensic ballistics, Forensic chemistry and criminal jurisprudence: Gour,A.N.:

9. Forensic chemistry and scientific criminal investigation.: Lucas A.

10. Methods of forensic science (Vol.I): Lund quist.F.:


SEMESTER –VI

MOOT COURT EXERCISE AND INTERNSHIP

Course Objective –

The term ‘moot’, according to Oxford and Chambers dictionary means, to propose for discussion; argue for practice; a matter about which there may be disagreement or uncertainly. The Course will help in developing fluency and clear assertion, and also gives one experience in the art of persuasion, and of putting a case concisely and intelligibly. The course not only gives one a picture of practice in court procedures but also helps to develop the self-confidence that every advocate should possess. This paper may have three components of 30 marks each and a viva for 10 marks.

(a)Moot Court (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 fourth component of this paper will be Viva Voce examination on all the above three aspects. This will carry 10 marks.

Course Outcomes –

After the completion of the course the students will be ableto:

• Enhance analytical as well as critical thinking of Students over interesting and contemporary legal issues,

• Demonstrate a thorough and contextual knowledge of the various laws particularly in its application to real and hypothetical legal problems.

• Acquire skill in advocacy, legal research and writing skills.

• Gain interest in advocacy and competence as an advocate.


SEMESTER –VI

(CLINICAL PAPER-IV)

RIGHT TO INFORMATION ACT

Objective: To understand the Meaning and Scope of Right to Information. Free exchange of ideas is a basic pillar of a democratic society. Corruption thrives in sacred places, therefore it is stated that sunlight is the best disinfectant. There should be governance in sunshine. The course is designed to convince the students how the right to information infuses transparency and accountability in governance, preventing abuse of power.

UNIT-I

Right to Information before Right to Information Act, 2005; Significance in democracy; Constitutional basis; Supreme Court on right to information.

UNIT-II RTI Act

- definitions; Right to information and obligations of public authorities

UNIT-III

Central information commission; State information commission; Powers and functions of information commissions; Appeals and penalties

UNIT-IV

Other related laws - The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Fre 1952; The Commission of Inquiry (Central) Rules, 1972.

UNIT-V

Best practices- A study of decisions rendered by state commissions and central Commission in the following areas of – Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled Banks, CPWD, Income Tax Department, Central Excise Department, Local Authorities.

Books Recommended

1. DasP.K.,TheRighttoInformationAct. 2. Jain N.K., Right to Information Concept Law and Practice. 3. Khandelwal Dheera &. Khandelwal Krishana K., The Right to Information Act, 2005. 4. Niraj Kumar Dr., Treatise on Right to Information Act, 2005.


SEMESTER –VI

PRINCIPLES OF TAXATION LAW

Objective: Concept of income tax, heads of income, including foreign income assessment procedures, adjudication and settlement of tax disputes are the focus points of study in this paper.

Unit -I: Basic Concept

a. Types of Taxes and Distinction between Direct and Indirect tax b. Previous Year and Assessment Year c. Definition of Certain Terms: Persons, Assessee, Income, Application of Income and Diversion of Income by overriding Titles d. Assessee and Assessment e. Capital Receipt and Revenue Receipt f. Rates of Income Tax: Proportional and Progressive Rate of Taxation g. Agricultural Income

Unit -II: Residential Status, Chargeability

a. Meaning and Rules for Determining Residential status of an Assessee b. Charge of Income Tax and Scope of Total Income c. Income Exempted from Tax and Deduction under Income Tax Law d. Heads of

Income and its Justification e. Tax Treatment to Salary, Perquisites etc

Unit -III: Heads of Income and Rules of Tax

a. Tax Treatment to Income from House property b. Profits and Gains of Business & Profession c. Capital Gain Taxation

Unit – IV: Residual Income and Procedure for Assessment

a. Income from other Sources b. Set off and Carry Forward of Losses c. Deductions, Refund and Tax

Authorities d. Return of Income and Assessment e. Penalty and Prosecution for Tax Evasion f. Search

and Seizure

Text Books:

1. Vinod Singhania & Kapil Singhania, Direct Taxes Law and Practice, Taxmann, 2014 Edition

2. Chaturvedi & Pithisaria, Income Tax Act with Relevant Tax Allied Acts, Lexis Nexis, 2013

References:

1. B.B. Lal, Income Tax, Pearson, 2010 (Ist Edition)

2. Taxmann’s Income Tax Act as Amended by Finance Act,