6th Sem LLB Syllabus

Download as pdf or txt
Download as pdf or txt
You are on page 1of 13

LL.B.

6th Semester

Paper –I: Alternate Dispute Resolution

Duration: 3 hours Maximum Marks – 20+ 80 = 100


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

There will be an internal assessment of 20 marks while 80 marks have been assigned for the
theory examination. 20 marks of internal assessment will be divided as under:
Project Report/ Presentation: 15 marks
Internship marks: 5 marks

Theory Examination- 80 marks

For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.

Unit – I
• Meaning, Concept and types of Alternative Dispute Resolution
• Plea Bargaining
• LokAdalat
• Section 89 of CPC
• Meaning and Significance of Mediation
• Concept of Mediation

Unit II
• Techniques of Mediation
• Mediation Rules (Punjab and Haryana High Court)
• Provisions relating to Mediation in various statutes
• Main features of the Arbitration and Conciliation Act, 1996
• General Provisions, Arbitration Agreement and Composition of Arbitral Tribunal

85
Unit III
• Jurisdiction of Arbitral Tribunals
• Conduct of Arbitral Proceedings
• Making of Arbitral Award and Termination of Proceedings
• Recourse Against Arbitral Awards, Appeals and Miscellaneous Provisions
• Conciliation

Unit IV
• Enforcement of Certain Foreign Awards
• UNICITRAL Model Law
• International Commercial Arbitration
• Prominent Institutions of International Commercial Arbitration: ICC, LCIA, AAA, SIAC,
Indian Institute of Arbitration & Mediation

Suggested Readings:
ShashankGarg, Alternative Dispute Resolution: The Indian Perspective, Oxford
University Press, 2018.
Gilles Cuniberti, Rethinking International Commercial Arbitration Towards Default
Arbitration, Edward Elgar Pub., 2017.
P.C. Markanda, NareshMarkanda, Law relating to Arbitration and Conciliation, Lexis
Nexis, 2016.
Prof. RajinderKaur, (Ed.), Mediation and Negotiation in Trade and Commercial
Conflicts, Thomson Reuters, 2019.
Robert M. Merkin, Arbitration Law, Informa, 2004.
Avtar Singh, Law of Arbitration and Concialtion, EBC, 2018.

86
LL.B. 6th Semester

Paper – II: Criminal Procedure Code-II

Duration: 3 hours Maximum Marks – 20+ 80 = 100


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

There will be an internal assessment of 20 marks while 80 marks have been assigned for the
theory examination. 20 marks of internal assessment will be divided as under:
Project Report /Presentation: 15 marks
Internship marks: 5 marks

Theory Examination- 80 marks

For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.
Unit – I
1 Framing of Charges (211 -224) - Contents of charge, effect of errors, alteration of
charges and effect of alteration, joinder of offences, joinder of persons, withdrawal of
charges. Remedies when charges are framed wrongly, Quashing of charges.
2. Trials
Trial before Court of Sessions (225-237)
Trial of Warrant Cases by Magistrates (238 – 250)
Trial of Summons cases by Magistrates (251-259)
Summary Trials (260 - 265) – Power to try summarily, procedure, record,
punishment, appeal and revision.

87
UNIT - II
1. Evidence in Inquiries and Trials (Sections 272 – 299)
2. General Provisions as to Inquiries and Trials:
Person once convicted or acquitted not to be tried for the same offence (Section 300)
Article 20 and section 300 CrPC
Legal Aid to accused (Section 304)
Tender of Pardon to Accomplice (Section 307- 308)
Expenses of Complainants and witnesses (Section 312)
Oral argument ad memorandum of arguments (Section 314)
Accused to be competent witness
Compounding of Offences (Section 320)
Withdrawal from Prosecution (Section 321)
Procedure in cases where Magistrate cannot disposes of (Section 322)
Procedure when Magistrate cannot pass sentence sufficiently severe (Section 325)
3. Provision as o accused person of unsound mind (Sections 328-339)
4. Judgment (353- 365) – Essentials of a valid judgment, Victim compensation, order to
release on probation of good conduct or after admonition, alteration of judgment.
UNIT - III
1. Submission of death Sentence for Confirmation (Sections 366 – 371)
2. Transfer of Criminal Cases (Section 406 – 412); Need of transfer of cases from one court
to another, Power of High Courts and Supreme Court and Sessions Courts to transfer
cases.
3. Appeals, (372 – 394), Right of victim to file appeal, Suspension of sentence and
suspension of conviction,
4. Reference and Revision (395 – 405)
5. Execution, Suspension, Remission and Commutation of sentences (Sections 413 - 435)

UNIT – IV
1. Provisions as to bails and bonds (436- 450):
Definition, bail in bailable and non-bailable offences
Anticipatory bail (definition, where to apply, duration, considerations

88
before granting anticipatory bail, refusal to grant, cancellation of anticipatory bail,
Right to regular bail during anticipatory bail).
Special powers of High Court and Court of Session with regard to bail.
Remedies against granting /refusing bail by Magistrates
Cancellation of bail in bailable and non-bailable offences
Provisions of bail in socio – economic offences
Appeal/revision in bail whether applicable?
2. Irregular Proceedings (Sections 460 – 466)
3. Limitation (Sections 467 – 473)
4. Inherent powers (Section 482) - Which Courts can exercise inherent powers, judicially
recognized grounds for the exercise of inherent power, Difference in powers of High
Court under Article 226 and 482, application of section 482 in interlocutory orders.

Suggested Reading:
1. Mulla – Commentary on the Code of Criminal Procedure (2015)
2. K.N Chandrasekharan Pillai, (ed) – Kelkar’s Criminal Procedure
3. Rattan Lal&DhirajLal – Criminal Procedure Code
4. Benny Paul - Simplified Approach to Criminal Procedure Code

89
LL.B. 6th Semester

Paper –III: Drafting, Pleading and Conveyancing

Duration: 3 hours Maximum Marks – 20+ 80 = 100


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

There will be an internal assessment of 20 marks while 80 marks have been assigned for the
theory examination. 20 marks of internal assessment will be divided as under:
Project Report/ Presentation: 15 marks
Internship marks: 5 marks

Theory Examination- 80 marks

For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.

Unit-I

Fundamental Principles of Pleadings

Revision and amendment of Pleadings

Civil Pleadings: Plaint, Written Statement, Interlocutory Applications, Execution Petition,


Memorandum of Appeal and Revision

Civil Miscellaneous Applications and Notices: Caveat, Application for condonation of delay
under Section 5 of the Indian Limitation Act, Application for grant of Succession Certificate,
Notice of Suit under Section 80 CPC, Notice to the Tenant

90
Unit-II

Criminal Pleadings:

Complaint

Regular Bail Application

Anticipatory Bail Application

Memorandum of Appeal and Revision

Criminal Miscellaneous Petitions: Application for Maintenance, Application to withdraw from


prosecuting the case, Application to surrender, Application for exemption from personal
appearance

Unit-III

Conveyance:

Meaning, Functions and Objects of Conveyance

Essential Components of Deeds

Sale Deed

Lease Deed

Mortgage Deed

Gift Deed

Adoption Deed

Relinquishment Deed

Deed for reference to Arbitration

Partnership Deed

Trust Deed

Unit-IV

Promissory Note

General Power of Attorney

Special Power of Attorney

91
Will and Codicil

Writ Petitions under Articles 32 and 226 of the Constitution of India

Public Interest Litigation

Suggested Readings:

1. G.C.Mogha: Mogha’s Law of Pleadings in India with Precedents, 18th Edition


2. Dr.A.N.Chaturvedi: Principles and Forms of Pleadings, Drafting and Conveyancing,
11th edition, 2016
3. Dr.Neetu Gupta: Basic Fundamentals of Legal Pleadings, Drafting &Conveyancing: A
Complete Handbook, 1st Edition 2018-19.

92
LL.B. 6th Semester

Paper –IV: Professional Ethics & Professional Accountability

Duration: 3 hours Maximum Marks – 20+ 80 = 100


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

There will be an internal assessment of 20 marks while 80 marks have been assigned for the
theory examination. 20 marks of internal assessment will be divided as under:
Project Report/ Presentation: 15 marks
Internship marks: 5 marks

Theory Examination- 80 marks

For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.

Unit-I
Legal Profession in India- Evolution, Historical Development and Regulations
Necessity for a Code of Professional Ethics
Bench and Bar Relationship
Bar Council of India Rules Part VI:
Restrictions on Senior Advocates
Duties of an advocate to the Court, to the Client, to the Opponent, to the
colleagues, duty in imparting training, duty to render legal aid
Restrictions on other employments

93
Unit-II

Advocates Act, 1961

Composition, Powers and Functions of State bar Councils

Composition, Powers and Functions of Bar Council of India

Right to Practice

Punishment for Professional and other misconduct

Bar Council of India Rules, Part VII

Unit-III

Contempt of Courts Act, 1971:

Definitions

Defences available in contempt proceedings

Procedure applicable to contempt proceedings

Punishment, apology and appeals

Constitutional provisions regarding powers of the Supreme Court and High Courts to
punish for Contempt of Court

Powers of Parliament and State Legislatures to punish for Contempt of House

Unit-IV

Analysis of following judgments of the Supreme Court:

1. Delhi Judicial Service Association, Tis Hazari Court Delhi v. State of Gujarat and
others, AIR 1991 SC 2176
2. Supreme Court Bar Association v. Union of India and Ors., AIR 1998 SC 1895
3. D.C.Saxena v. CJI, 1996 (5) SCC 216
4. Dr. L.P.Mishra v. State of U.P., AIR 1998 SC 3337
5. Mohd. Aslam v. Union of India, AIR 1995 SC 548
6. PrithauriNath Ram v. State of Jharkhand and Ors., (2004) 7 SCC 261
7. P.D.Gupta v. Ram Murti&Anr., AIR 1998 SC 283

94
8. Bar Council Of Maharashtra v. M.V.Dhabolkar&Ors., AIR 1976 SC 242
9. R.D.Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264
10. Bar Council of Andhra Pradesh v. KurapatiSatyanarayana, AIR 2003 SC 175

Suggested Readings:

1. Bare Act:Contempt of Courts Act, 1971


2. Bare Act: Advocates Act, 1961
3. Dr. S.P.Gupta: Professional Ethics, Accountancy for Lawyers and Bench Bar
Relations, Central Law Agency
4. Dr. Neetu Gupta: Professional Ethics, Accountancy for Lawyers and Bench Bar
Relation including Contempt of Courts Act, Advocates Act, 1st Edition 2019

95
LL.B. 6th Semester

Paper –V (a): Criminology, Penology and Victimology

Duration: 3 hours Maximum Marks – 20+ 80 = 100


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

There will be an internal assessment of 20 marks while 80 marks have been assigned for the
theory examination. 20 marks of internal assessment will be divided as under:

Project Report/ Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.

Unit-I (Criminology)

a) Crime and Criminology : Concept, Meaning, Nature and Scope of Criminology


b) The Schools of Criminology: Pre-classical School, The Classical School, Neo-classical School
and Positive School
c) Theories of Crime: Sociological Theorey of Crime, Tentative Theorey of Crime, Crime and
economic Conditions and Crimes of Drug Abuse
d) Causation of Crime
e) White Collar Crime

Unit-II (Penology)

a) Definition of Penology: Historical and Contemporary Approaches to Penology


b) Sentencing- Process and Policies in India

96
c) Different Punishments under Indian Legal System
d) Capital Punishment: Constitutionality, Judicial Attitude and Law Reforms
e) Prison Administration: Prison Reforms, Open Jails and Rights of Prisoners

Unit-III

a) Therapeutic Response to Crime: Probation, Parole, Furlough and After-care.


b) Juvenile Delinquency: Juvenile Justice (Care and Protection of Children) Act, 2015
c) Community Service as a Punishment
d) Plea Bargaining
e) Compounding of offences

Unit- IV (Victimology)

a) Concept of Victimology: Meaning, Nature and Scope of Victimology


b) Criminal Justice System: Criminal and Victim Relations
c) Victims in Indian Criminal Justice System
d) Rights of Victims of Crimes in the United Nations Instruments
e) Justice to Victims of Crime: Compensation, Restorative and Reparative Methods

Suggested Readings:

21st Century Criminology: A Reference Handbook, Edited by J. Mitchell Miller (Sage


Publication, 2009).
Ahmed Siddique, Crimiolog, Edited by S.M.A. Qadri, 5th Edition (Eastern Book Company,
2015).
Bruce A. Arrigo&DraganMilovanovic, Revolution in Penology: Rethinking the Society of
Captives (Rowman& Littlefield Publishers, INC., 2009).
Criminology Theory: Past to Present: Essential Readings, Edited by Francis T. Cullen, Robert
Agnew and Pamela Wilcox (Oxford University Press, 2014).
David Scott, Penology (Sage Publications, 2008).
EamonnCarrabine, Pam Cox, Maggy Lee Ken Plummer and Nigel South, Criminology: A
Sociological Introduction,2nd Edition (Routledge, 2009).
Edwin H. Sutherland, Donald R. Crassey and Davic F. Luckenbill, Principles of Criminology,
11th edition (General Hall Inc., U.S., 1992).

97

You might also like