Kerala University Unitary LLB Syllabus 2020
Kerala University Unitary LLB Syllabus 2020
Kerala University Unitary LLB Syllabus 2020
REGULATIONS
RELATING TO
UNITARY DEGREE
COURSE IN LAW
UNIVERSITY OF KERALA
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examiners constituted by the Principal from among Senior Teachers other than the
teachers in charge of the subject.
(c) Paper I in Fourth Semester, Paper I & II in the Fifth Semester and Paper I
and II in the Sixth Semester is optional paper. A minimum of 1/3 (one third ) of the
total number of the students of that semester shall choose either of the two papers.
7. Internal Assessment
Marks for the internal assessment in each written paper shall be distributed as
follows.
(i) Attendance - 5 Marks (2.5 Marks for 75% of attendance and
additional 0.5 Marks for every 5% attendance above 75%)
(ii) Test Paper – 5 Marks
(iii) Assignment – 5 Marks
(iv) Seminar/Debate – 5 Marks
The marks for internal assessment shall be awarded by the Teacher in charge
of each paper, countersigned by the Principal and forwarded to the University
before the commencement of the written examination. A statement containing the
marks awarded to every student as internal assessment in each paper shall also be
published.
Guidelines for Internal Assessment –
(i) – Introduction -The objectives of introducing internal assessment
are: (i) to develop in the students the ability for critical analysis and
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(g) Ranking shall be done on the basis of the marks obtained by the candidate
in the whole examination (Six semesters) passed in the first chance. First Class
shall also be awarded to candidates who passed the whole examinations with 60%
or above along with the immediate junior batch and not thereafter.
(h) A candidate admitted in this course shall complete the course and shall
pass all papers within a period of Six semesters plus four semesters from the date of
admission.
9. Publication of Results
The results of the Sixth semester examination shall be published only after the
candidate has passed the First, Second, Third, Fourth and Fifth semester
examinations.
10. Award of Bachelor Degree in Law
A candidate who successfully completes all the Six semesters shall be eligible
for the award of LL.B Degree from the faculty of Law.
11. Applicability of Regulations
This regulations supersede the existing regulations relating to Unitary Degree
Course in Law provided however that students of Third, Fourth, Fifth and Sixth
semester Unitary Degree Course in Law shall continue to be governed by the
existing regulations till they complete the course.
First Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Jurisprudence 3 hrs 20 80 100
2 Law of Contract 3 hrs 20 80 100
3 Law of Crimes – Paper - I – Penal Code 3 hrs 20 80 100
4 Law of Tort including MV Accident 3 hrs 20 80 100
and Consumer Protection Laws
5 Constitutional Law -I 3 hrs 20 80 100
Total 500
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Second Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Special Contracts 3 hrs 20 80 100
2 Constitutional Law – II 3 hrs 20 80 100
3 Family Law – I 3 hrs 20 80 100
4 Administrative Law 3 hrs 20 80 100
5 Property Law 3 hrs 20 80 100
Total 500
Third Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Interpretation of Statutes and Principles 3 hrs 20 80 100
of Legislation
2 Law of Crimes – Paper - II – Criminal 3 hrs 20 80 100
Procedure Code
3 Civil Procedure Code and Limitation 3 hrs 20 80 100
Act
4 Family Law - II 3 hrs 20 80 100
5 Drafting Pleading and Conveyancing 100 100
(Practical paper – I)
Total 500
Fourth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Information Technology Law 3 hrs 20 80 100
Or
Competition Law
2 Principles of Taxation Law 3 hrs 20 80 100
3 Company Law 3 hrs 20 80 100
4 Law of Evidence 3 hrs 20 80 100
5 Professional Ethics and Professional 100 100
Accounting System (Practical paper –
II)
Total 500
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Fifth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Law of Banking and Negotiable 3 hrs 20 80 100
instruments
Or
Land Laws including Tenure &
Tenancy System
2 Private International Law 3 hrs 20 80 100
Or
Human Right Law and Practice
3 Labour and Industrial Law - I 3 hrs 20 80 100
4 Environmental Law 3 hrs 20 80 100
5 Alternative Dispute Resolution Systems 100 100
(Practical paper – III)
Total 500
Sixth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Trade in Intellectual Property 3 hrs 20 80 100
Or
Local Self Government including
Panchayet Administration
2 Criminology and Penology 3 hrs 20 80 100
Or
Women and the Law
3 Public International Law 3 hrs 20 80 100
4 Labour and Industrial Law - II 3 hrs 20 80 100
5 Moot court exercise, Observance of 100 100
Trial, Interviewing techniques and Pre-
trial preparations. (Practical paper – IV)
Internship 50 50
External Viva voce 50
Total 600
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First Semester
Paper – I
JURISPRUDENCE
Outcome:- This paper creates a fundamental understanding of law in a systematic
manner and also give an insight into the basic concepts.
1. Nature and value of jurisprudence, various Schools of jurisprudence and
their methodology – Positivistic schools – Austin, Salmond, Kelsen, Hart.
Hart–Fuller Conflict – Comparative Jurisprudence – Marxist theory –
Historical Schools – Savigny and Henry Maine – Modern status of Natural
Law – Sociological Jurisprudence – Legal realism - Feminist Jurisprudence
– Critical Legal Studies.
2. International Law, Constitutional Law, Authority and Territorial Nature of
Law, Law and Fact, Functions and purpose of Law.
3. Law and Justice – Different Theories of Law and Justice – Rawls Theory –
Distributive Justice – Corrective Justice – Natural Justice – Civil and
Criminal Justice – Merits and defects of Administration of justice –
Essentials of Criminal and Civil Justice – Theories of Punishment and their
comparative evaluation.
4. Sources of Law – Meaning of the term sources – Legislation – Codification
of statutes – Interpretation of enacted law – Custom – Reasons for the
reception of custom and prescription – Legal custom and conventional
custom – General custom and local custom - Precedent – authority of
precedent – over-ruling – prospective and retrospective – Ratio decidendi
and obiter dicta and stare decisis.
5. Elements of law – The juristic concepts of Rights and Duties; possession
and ownership – Titles – Liability and Obligations; persons, property and
procedure.
Prescribed Readings:
1. Friedman, Legal Theory. (5th Edn. Chapter 1,3,5,7 to 14,19,20, Columbia
University Press)
2. Salmond, Jurisprudence (Sweet and Maxwell, 1966)
3. Paton, Jurisprudence.
4. Dias, Jurisprudence. (Aditya Books, 1985)
5. Lloyd, Introduction to jurisprudence, (Sweet and Maxwell, 1994)
6. Prof.P.S.Achutan Pillai, Jurisprudence.
7. L.S.Carzon, Jurisprudence (1996)
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Paper – II
LAW OF CONTRACT
Outcome :- This paper familiarizes the students with principles of law relating to
contract, formation of contracts and remedies in case of its breach.
1. General features of Contracts - classification – Historical Development -
Formation of contracts with special reference to the different aspects of offer
and acceptance – Consideration – Privity of contracts – Charitable
subscriptions Consideration and discharge of contracts – Doctrine of accord
and satisfaction.
2. Capacity of parties – Minority – Indian and English Law - Mental
incapacity - Drunkenness – Other incapacities like political status and
corporate personality - Factors invalidating contracts like, mistake, coercion,
FIE undue influence, fraud, misrepresentation and unlawful object, immoral
agreements and those opposed to public policy - Consequences of illegality.
3. Void agreements and voidable contracts – Legal proceedings and uncertain
agreements – Wagering agreements – contingent contracts - Performance of
contracts – privity of contracts and its limitations – Assignment of liabilities
and benefits – Time and place of performance – Reciprocal promises –
Appropriation of payments – Contracts which need not be performed.
4. Breach and impossibility – Meaning of Breach – Anticipatory breach –
strict performance – Impossibility of performance and doctrine of frustration –
Effect of frustration – discharge of contract by operation of law - Damages –
Nature and meaning of Rule in Hadley’s case - penalty and liquidated
damages.
5. Quasi-contracts – Nature and basis of Quasi-contracts - Quantum meruit.
Specific Relief – General Principles – Parties in relation to specific
performance – Specific performance of part – Rescission, rectification and
cancellation – Preventive relief by way of injunction.
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Paper – III
LAW OF CRIMES – PAPER - I – PENAL CODE
Outcome:- This paper enables the students to have a general evaluation and
analysis of offences and punishments.
1. Concept and Nature of Crime – definitions – General principles of Criminal
Liability – Constituent Elements of Crime – Intention – Dishonestly –
Fradulently – Maliciously etc. – Exceptions to Mens rea in Statutory Offences
- General Defences and Exceptions.
2. Inchoate Offences – Attempt – Distinction between preparation and attempt –
group liability – common object – aiding and abetting – unlawful assembly –
rioting – Principal and Accessories.
Joint and Constructive Liability – Accessories after – Jurisdiction – personal –
Territorial – extra-territorial – Extradition as an exception to Jurisdiction –
Punishment.
3. Offences affecting the State - Armed Forces – Public Peace – Public
Administration – Offences by Public Servants and by Others – Administration
of Justice – Elections – Public Economy – Public Nuisance – Offences against
Religion.
4. Offences against Human Body – Causing Death – Culpable Homicide –
Murder – Culpable Homicide not amounting to murder – Rash and negligent
act causing death – Dowry death – Attempts – Suicide – Abetment – Hurt –
Grievous hurt – Criminal force and Assault – Offences affecting liberty –
Kidnapping – abduction – Sexual Offences – Rape – Custodial Rape –
Unnatural Offences.
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Paper – IV
LAW OF TORT INCLUDING MOTOR VEHICLES ACCIDENT AND
CONSUMER PROTECTION LAWS
Outcome:- This paper familiarizes the students the tortious liability, general
principles of specific torts. To get an awareness of Motor Vehicles Act and
Consumer Protection Act.
1. Definition – Distinction between tort and crime – Tort and contract –
foundations of tortious liability – Essential conditions of liability in tort –
damnum sine injuria – injuria sine damnum – Principles of insurance in
tort – defences – capacity of parties.
2. Master and Servant – vicarious liability -distinction between servant and
independent contractor – course of employment – common employment –
servant with two masters – liability of the state. Joint tortfeasors –
4 SusanMean
By
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Paper – V
CONSTITUTIONAL LAW – I
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Outcome :- This paper acquaint the students with the fundamental law of the land,
preamble, basic structure, citizenship, freedoms, rights, directives, duties and
constitutional remedies.
1. Introduction: - Historical Background – The nature of the Constitution – Salient
features of the Constitution - Preamble - Significance and importance – Declaration
of the objectives of the State - Preamble and interpretation of the Constitution -
Union and its territory (Art. 1-4) - Formation of new States - Ceding of Indian
Territory to foreign country - Citizenship (Art: 5-11) - Meaning of citizenship –
Various Methods of acquiring citizenship – Termination of citizenship – Relevant
provisions of the Citizenship Act, 1955 - The Citizenship Amendment Act, 2019.
4. Freedom of Religion (Art. 25, 26, 27, 28) – Concept of “Secular State” – Secular
but not anti – religious –Restriction of Freedom of Religions - Cultural and
Educational rights (Art. 29-30) – Protection of Minorities – Right to establish and
manage their Educational Institutions - Saving of certain laws (Art. 31 A-31 B) –
Savings of laws providing for acquisition of estates – Validation of certain Acts and
Regulations - Constitutional Remedies (Art. 32-35&226) – Public Interest
Litigation – Scope of Writ Jurisdiction of the Supreme Court and High Courts –
Distinction between Art.32 and 226.
Second Semester
Paper – I
SPECIAL CONTRACTS
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Outcome : This paper familiarizes the students with principles of law relating to
specific contracts like Indemnity, Guarantee, Bailment, Agency, Partnership, Sale
of Goods etc.
1. Contract of indemnity and guarantee – Different aspects of surety’s
liability - Comparison of guarantee with indemnity – Discharge of
surety – Rights of surety against creditor; principal debtor and co-
sureties.
2. Bailment – General features – Divisions of bailments –
Requirement of consideration – Rights and liabilities of bailor and
bailee - Finder of lost goods – Pledge or pawn – Pledge by limited
owners.
3. Agency – General Features – Creation of agency and different
method of such creation – Different kinds of agent – Delegation of
authority – Sub-Agents and substituted agents - Rights and duties of
agents and principal inter se - notice to agent – Fraud of agent -
Agent’s liability to third persons – Rights against agent personally -
Breach of warranty of authority – Undisclosed principal –
Termination of agency – Revocation and renunciation – Termination
by operation of law.
4. Sale of goods – sale and agreement to sell – Formalities of sale –
The price – Conditions and warranties (implied and express) –
Fundamental breach – Transfers of property – Passing of risk –
Effecting the performance of sale of goods – C.I.F. contracts – F.O.B.
contracts - Right of buyer against seller – Suits for breach of contract
– Rights of unpaid seller – Auction sale and hire purchase.
5. Partnership – Essentials partnership compared with ownership
Company, Joint Hindu Family business and Society – A creation of
status – Mode of determining partnership – Firm and firm name –
Different types of partnership – Formation of partnership –
Partnership property - Partnership by holding out – illegal partnership
– Relations of partners to one another and to third parties – Incoming
and outgoing partners – Retirement – Dissolution – Settlement of
accounts – Sale of goodwill – Registration of firm.
Prescribed Readings: (With amendments)
1. Sale of Goods Act : Pullock and Mulla
(Orient Longman)
2. The Law of Contracts : M. Krishnan Nair
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Paper – II
CONSTITUTIONAL LAW – II
Outcome :- This paper acquaints students with the Centre – State – Local
Governance process envisaged under the Constitution – Introduce Legislative,
Executive and Judicial mechanisms under the Constitution – Generate awareness on
the election system, emergency, Amendments etc.
4. Relation between Union and State (Art. 245 – 293) - Legislative relations (Art.
245 – 255) – Extent of Laws passed by the Parliament and State Legislatures –
Residuary Power of Legislation – Doctrine of Colourable Legislation – Pith and
substance – Doctrine of occupied field - Administrative Relations (256 – 263) –
Duties of Union and States – Control of Union over States – Co-ordination between
States - Financial Relations (Art.268 -291) – Distribution of revenue – Collection of
taxes – Restriction on Taxing powers - Trade, Commerce and Inter course within
the territory of India (Art. 301-307) - Parliament’s power to regulate imposition of
taxes - Services under the Union and States (Art. 303 -323) - Doctrine of pleasure –
Rights given to Civil servants – Recruitment conditions, tenure – Dismissal –
Reduction in rank - Compulsory retirement.
5. Election Commission (324) - Powers and Functions - Emergency Provisions
(352-360) - National Emergency - State Emergency – Financial Emergency –
Emergency and Fundamental Rights – Emergency and judicial Review -
Amendment (Art. 368) - Various methods of amendment – concept of basic
structure – Amendment and Fundamental Rights – Amendment and Judicial
Review.
Prescribed Readings: (With amendments)
1. Constitutional Law of India : H.M. Seervai
(N.M. Tripathi Pvt. Ltd.)
2. Shorter Constitution of India : D.D. Basu
(Wadhwa and Co.)
3. Constitutional Law of India : Dr. Jain
(Wadhwa and Co.)
4. Constitutional Law of India : J.N. Pandey
5. Constitutional Law of India : Prof. P.S. Achuthan Pillai
6. Constitution of India : V.N. Shukla
(Eastern Book Co.)
Paper – III
FAMILY LAW - I
Outcome :- This paper endow the students with the knowledge of Hindu, Muslim
and Christian Law in respect of marriage, divorce, adoption, guardianship and
maintenance.
1. Nature and Sources – The study will include the nature and sources (traditional
and modern) of personal laws.
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2. Laws of marriage - This course will comprise, Hindu, Muslim and Christian Law
of marriage and divorce. Emphasis should be laid on the nature of marriage and
its development, Hindu Law of marriage and divorce and the changes brought
about by modern legislation – Special Marriage Act – Indian Divorce Act -
Muslim Women (protection of Rights on Marriage) Act, 2019 - Matrimonial
remedies – Hindu, Muslim and Christian Laws
3. Law of adoptions – Hindu law of adoption will include special reference to the
juristic concept and development of case laws & changes brought about by the
Hindu Adoptions and Maintenance Act, 1956. The study will also include the
Muslim law of Legitimacy. Parentage and Doctrine of Acknowledgement.
4. Law of Guardianship – Hindu Law of Minority and Guardianship with the
changes brought about by the modern legislation. Provisions in the Muslim Law
of Minority and Guardianship.
5. Maintenance – Hindu Law relating to maintenance – Muslim law relating to
maintenance with reference to the Muslim Women (Protection of Rights on
Divorce Act, 1986) - Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 - Matrimonial Remedies through Family Courts.
Statutory materials: (With amendments)
1. The Hindu Widows Remarriage Act, 1856.
2. The Prohibition of Child Marriage Act, 2006
3. The Special Marriage Act, 1954.
4. The Hindu Marriage Act, 1955.
5. The Hindu Adoptions and Maintenance Act, 1956.
6. The Hindu Minority and Guardianship Act, 1956.
7. Guardian and Wards Act, 1890.
8. The Dissolution of Muslim Marriage Act, 1939.
9. The Christian Marriage Act, 1872.
10. The Indian Divorce Act, 1869.
11. Dowry Prohibition Act, 1961.
12. Family Courts Act, 1984.
Outcome :- This paper enables the students to realize the inevitable necessity of
Administrative Law and to know about the growing socio-economic functions ,
powers, duties and liabilities of the administrative authorities and also the external
constraints upon them. It makes students aware of the need of administrative rule
making, its enforcement, administrative adjudication and judicial review.
Paper – V
PROPERTY LAW
Outcome :- This paper gives students an idea about the concept of property, the
nature of property rights and the general principles governing transmission of
property between living persons and the law relating to sale, mortgage, lease,
exchange, gift, actionable claims and easement.
1. Concept of property - Kinds of property - Intellectual property - General
principles of transfer - Definitions of immovable property notice -
transferability of property - Effect of transfer - Rules against inalienability and
restriction on enjoyment by transfers - Conditional transfers - Transfer to unborn
persons - Rules against perpetuity and accumulation of income - Transfer to a
class vested and contingent interests - condition precedent and condition
subsequent.
2. Doctrine of Election - Apportionment - Covenants running with land - Transfer
by Ostensible owners and doctrine of Estoppel - Transfer by limited owner -
Improvement effected by bona fide purchaser - Transfer to defraud creditors -
Doctrines of lis-Pendens and part-performance.
3. Sale of Immovable Property – Sale - meaning and scope of sale and contract for
Sale – Rights and liabilities of seller and buyer - Marshalling – Discharge of
encumbrance on sale.
4. Mortgage – Different types of mortgages and their distinctions - Rights and
liabilities of Mortgagor and Mortgagee (Sec.60 to 77) Priority - Marshalling and
Contribution - Deposit in Court - Redemption - Who may sue for Redemption –
Subrogation – Tacking - Rights of redeeming co-mortgagor - Mortgage by
deposit of Title Deed - Anomalous Mortgage – Charge - Doctrine of Merger -
Notice & Tender - Floating charge – Lease – Rights and liabilities of lesser and
lessee - Termination of lease – Exchange – Scope and meaning - Rights and
liabilities of parties – Gift – Onerous gift - universal done - Donatio mortis
causa – Actionable claims - Scope and meaning.
5. Easements – Definition – Classification and Characteristic features – Modes of
acquisition – Easement of necessity – Right to ancient light – Extinction of
easements – Easement compared with licence and lease.
Statutory Materials: (With amendments)
1. Transfer of Property Act, 1882
2. Easement Act, 1892
Prescribed Readings: (With amendments)
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1. Halsbury’s Laws of England (IV Ed. Reissue Vol. 1 pp. 1-127, Vol. 35
pp.721 -770, Vol.32 pp. 181-474.
2. D.F.Mulla : Transfer of Property Act
3. M.Krishna Menon : Law of property
4. Sukla : Law of Property
THIRD SEMESTER
PAPER - 1
INTERPRETATION OF STATUTES AND PRINCIPLES OF
LEGISLATION
Outcome :- This paper makes students aware of various rules for interpretation
formulated by jurists and courts and also equip the students with various rules of
interpretation of statues, principles of legislations and legislative drafting.
1. Interpretation of Statutes - Meaning, Objects and Scope of ‘interpretation’ and
‘construction’ of statute - Nature and Kinds of statues - Judge as an interpreter –
Commencement - operation and repeal of statutes - Basic Sources of Statutory
Interpretation - The General Clauses Act, 1897 - Nature, Scope and Relevance
(Ss.6- 8) - Aids to Interpretation - Internal aids - External aids.
2. Rules of Statutory Interpretation – (a) Primary Rules - Literal rule-Golden rule -
Mischief rule - Rule of harmonious construction – (b) Secondary Rules - Noscitur
a sociis - Ejusdem generis - Reddendo singula singulis - Presumptions in statutory
interpretation - Maxims of Statutory Interpretation - Delegatus non potest delegare
- Expressio unius exclusio alterius - Generalia specialibus non derogant - In pari
delicto potior est conditio possidentis - Utres magis valeat quam pereat – In bonam
partem.
3. Interpretation with reference to the subject matter and purpose -
Restrictive and beneficial construction - Taxing statutes - Penal statutes - Welfare
legislation - Interpretation of substantive and adjunctive statutes - Interpretation
of directory and mandatory provisions - Interpretation of enabling statutes -
Interpretation of codifying and consolidating statutes - Interpretation of statutes
conferring rights - Interpretation of statutes conferring powers
4. Principles of Constitutional Interpretation -
Harmonious construction - Doctrine of Eclipse - Doctrine of pith and substance -
Colourable legislation - Doctrine of Severability - Ancillary powers - Residuary
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Prescribed Legislation:
The General Clauses Act, 1897
Prescribed Readings:
Theory of Legislation - Bentham
Legislative Drafting - Bakshi
Interpretation of Statutes - Maxwell
Interpretation of Statutes - Swaroop
Interpretation of Statutes - Bindra
Interpretation of Statutes - Varghese and Madhavan Potti
Interpretation of Statutes - Sarathi
Principles of Legislation, Legislative Drafting and Statutory Constructions
- Prof.M.Krishnan Nair and A.GopinathaPillai
Statutory Interpretation - Singh, G.P.Wadhwa and Co. (1992)
Principles of Legislation - Dr. Nirmal Kanthi Chakravarthiand Legislative
Drafting
PAPER - II
PAPER - III
CIVIL PROCEDURE CODE AND LIMITATION ACT
Outcome :- This paper provides the students rules of procedure and process of civil
courts in civil disputes as well as law of limitation.
1. Meaning of procedure – Distinction between procedural and
substantive laws – Definitions – Judgements – decree - order - foreign
judgement - government pleader – Judge - Judgement debtor - legal
representative - mesne profits - movable property – pleader - public
officer - Jurisdiction of courts to try civil suits - stay of suit – res-
judicata - Place of suing. - Institution of suits – pleading – plaint -
written statement and set off - Parties to suits - joinder of parties -
misjoinder of parties - framing of suits - Summons and discovery - issue
and service of summons.
2. Appearance of parties - consequence of non appearance - exparte
decree - setting aside of ex parte decree - examination of parties by the
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PAPER - IV
FAMILY LAW II
Outcome :- This paper provides the students the knowledge of both the codified
and uncodified laws relating to succession of Hindus, Muslims and Christians.
I Hindu Law - Joint Family - Origin and Constitution of Joint Hindu Family –
Mitaksharara co-parcenary - Co-parcenary Joint Family - Co-parcenary within a
co-parcenary – Incidents of co-parcenary property - Right of co-parceners -
Managing member - Powers & duties of a manager in a Joint family business -
Dayabhaga Joint Family - Hindu Succession Act, 1956 – Partition - What is
partition – Subject matter of partition – Persons entitled to a share - What
constitute partition – The mode of partition – Re-opening and reunion.
3. Muslim Law - General Principles – Life estate and vested remainder – Hanafi
Law of inheritance – The three classes of heirs – Principles of succession among
sharers and residuaries – Doctrine of Increase and Return- Comparison with Shia
law of inheritance – Scope of the doctrine of representation - Wills – Persons
capable of making Wills -Bequest to heirs – Bequest to non-heirs - Limits to
testamentary power – Revocation of Bequest – Death bed gifts and
acknowledgement.
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4. Gifts –Persons capable of making gifts – The three essentials of a gift – Delivery
of possession of immovable property - contingent gifts – Revocation of gift – Hiba
Bill –Iwaz- Hiba-Behart-UI-Iwaz – Wakf.- definition - Subject of Wakf - object of
Wakf - Wakf how completed - Reservation of life interest for the benefit of Wakf-
Public and private wakf - The Wakf Act, 1954 – Muttawallis or managers of wakf
properties – Powers - Statutory control - Removal of Muttwallis – Law of Pre-
emption.
PAPER V
DRAFTING, PLEADING AND CONVEYANCING
(Practical paper – I)
Outcome :- This paper helps the students to develope an understanding about the
basics of pleadings and conveyancing and inturn to advance justice and to prevent
multiplicity of proceedings and also to inculcate the habit of self-study among
students. It also gives an accurate understanding about the art of drafting pleadings
and of composing all documents and it assists the students in their endeavour to
enter active practice.
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This paper shall be taught through class room instructions and simulation exercises.
Examination and allocation of marks:
1 Each Student shall undertake 15 practical exercises in drafting of Pleadings
carrying 45 marks (3 marks for each exercise).
2 Each student shall undertake 15 practical exercises in Conveyancing, which
carries 45 marks (3 marks each).
The above-mentioned drafting of Pleadings and Conveyancing exercises shall be in
the handwriting of the students on the Record. The Record shall be bound
accompanied by a certificate signed by the course teacher and the principal to the
effect that it is the bonafide work of the concerned candidate. There shall be a
contents page. At the end of the semester, the student shall appear for a viva voce,
which shall carry 10 marks. Viva- voce examination shall be conducted by a panel
of two senior teachers other than the teachers in charge of the subject.
2. Exchange
3. Sale Deed
4. Mortgage Deed
5. Lease Deed,
6. Gift Deed
7. Promissory Note
8. Receipt
9. Licence
10. Power of Attorney- General and Special Power of Attorney
11. Will.
12. Relinquishment Deed
13 Partnership Deed
14 Deed of Dissolution of Partnership
15 Hire-Purchase Agreement
16. Settlement Deed
17. Notice
18. Partition
19. Rectification deed
20. Trust.
Viva-Voce examination
Viva voce examination will test the understanding of legal practice in relation to
Drafting, Pleading and Conveyancing. - Students shall keep a record for the
practical work done by them
Prescribed Legislation:
The Code of Civil Procedure, 1908,
Kerala Civil Rules of Practice, 1971
Criminal Procedure Code 1973
Kerala Criminal Rules of Practice 1982
Prescribed Book:
1. M.C. Agarwal and G.C. Mogha, Mogha’s The Law of Pleadings in India
2. J.M. Srivastava and G.C. Mogha, Mogha’s The Indian Conveyancer
3. K.Mony and K.Usha Legal Drafting (2010)
Recommended Books
1. M.R. Mallick, Ganguly’s, Civil Court: Practice and Procedure
2. C.R. Datta and M.N. Das, De Souza’s, Forms and Precedents of Conveyancing
3. N.S. Bindra, Conveyancing, Vol 1-5, Law Publisher, Allahabad
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FOURTH SEMESTER
PAPER - I
INFORMATION TECHNOLOGY LAW
(OPTION - I)
Outcome : - This paper creates awareness on Information Technology, legal issues
relating to the jurisdiction in cyber space, internet contract, cyber crimes, and civil
and criminal remedies.
1. Introduction - Fundamentals of Cyber Space - Understanding Cyber Space -
Interface of Technology and Law Defining Cyber Laws – Global trends in Cyber
Law - Jurisdiction in Cyber Space - Concept of Jurisdiction - Internet Jurisdiction -
Indian Context of Jurisdiction - International position of Internet Jurisdiction Cases
in Cyber Jurisdiction
2. . e-commerce- Legal issues - Legal Issues in Cyber Contracts - Cyber
Contract and IT Act, 2000 - The UNCITRAL Model law on Electronic Commerce
–
3. Intellectual Property Issues and Cyberspace – The Indian Perspective -
Overview of Intellectual Property related Legislation in India - Copyright law &
Cyberspace - Trademark law & Cyberspace - Law relating to Semiconductor
Layout & Design
4. Understanding Cyber Crimes - Defining Crime - Crime in context of
Internet –Actus Reus and Mens Rea - Types of crime in Internet - Computing
damage in Internet crime - Indian Penal Law & Cyber Crimes – Fraud – Hacking –
Mischief - Trespass – Defamation – Stalking – Spam - Obscenity and Pornography
- Internet and Potential of Obscenity - Indian Law on Obscenity & Pornography -
International efforts - Changes in Indian Law
5. Penalties & Offences - Under the IT Act - Offences under the Indian Penal
Code - Investigation & adjudication issues - The Evidence Aspect in Cyber Law-
Applicability of the Indian Evidence Act on Electronic Record - Prescribed
Legislations - Information Technology Act, 2000 - Information Technology Rules,
2000 - Cyber Regulation Appellate Tribunal Rules, 2000 - The Indian Penal Code,
1860 - The Indian Evidence Act, 1872 - Bankers Book Evidence Act.1891 -
Reserve Bank of India Act, 1934
PAPER - I
COMPETITION LAW
(OPTION-II)
Outcome:- This paper provides students the framework for the establishment of
competition commission, to prevent monopolies and to promote competition in the
market, to protect the freedom of trade for the participating individuals and the
entities in the markets.
1. CONCEPTS: Competition, market (geographical and product), perfect
competition, monopoly, oligopoly, competition policy and competition law.
5. REGULATORY STRUCTURE
(i) COMPETITION COMMISSION OF INDIA: Original Provision under the
Competition Act, 2002 and the controversy, the amendment in 2007 and the
bifurcation; constitution of the CCI, powers and functions, jurisdiction of the CCI;
adjudication and appeals; independence and accountability of the CCI and its
members.
(ii) DIRECTOR GENERAL
(iii) CCI & OTHER REGULATORY BODIES
PAPER - II
PRINCIPLES OF TAXATION LAW
Outcome :- This paper provides students a conceptual understanding of both direct
and indirect taxation laws, GST Regime and policies, the knowledge on the
chargeability of tax on different sources of income, skill to solve the commercial
and individual tax issues.
1. Basics - Concept, nature and types of taxes-Cannons of taxation-
Distinguish between tax and fee, tax and cess - Constitutional principles on
taxation-Interpretation of taxing statutes-Incidence & impact of tax-Casual income-
Tax evasion, tax avoidance and tax planning-Double taxation-Surcharge.
2. Income tax- General - Definitions- Income tax Act,1961-Previous Year,
Assessment Year, Financial Year, Persons, Agricultural Income tax-Residential
status of individual, HUF, firm, association of persons, co-operative societies and
non-residents-Exemptions-S.10-Deductions-S.80-Rebate-Deemed income and
clubbing of income –carry forward and set of off losses- capital receipt & revenue
receipt- capital expenditure & revenue expenditure.
3. Income tax-Specific - Heads of income-income from salary-house property-
business & profession-capital gain and other sources-Assessment procedure-types
of assessment- Income tax authorities, functions, duties and powers- Settlement of
Grievances and Prosecution-Calculation of gross total and taxable income- tax
rebate and computation of tax liability-tax collection at source and advance tax.
4. GST Regime - Goods and Service Tax - evolution and concept-relevant
constitutional provisions-The Central Goods and Services Tax Act,2017-Dual GST
Model-distinguish between CGST, Integrated GST (IGST) ,State GST (SGST) and
Union Territory GST (UTGST)-GST Council-GST levy on transactions-sale,
transfer, purchase, barter , lease or import of goods and services-GSTN-Goods and
services tax network portal, Tax invoice-GST on imports and exports- GST
exemption on the sale and purchase of securities, Securities Transaction Tax (STT)-
benefits of GST on trade, industry, e-commerce and service sector and for the
whole society-GST effects upon GDP, inflation and State revenue .
38
PAPER - III
COMPANY LAW
Outcome :- This paper acquaint the students with the provisions of Companies
Act,2013 and the intricacies related with. It creates flexibility and simplicity in the
formation and maintenance of companies and encourages transparency and high
standards of corporate governance
1. Introduction -
a. Company – Definition, Nature and scope of companies.
b. Historical Evolution of Company Law – English and Indian,
c. Advantages and disadvantages of company – Independent Corporate
Personality, Limited Liability, Perpetual Succession, Right to Property,
Right to Contract, Right to sue and be sued, Professional management,
fund mobilisation, Doctrine of Lifting the corporate veil, Formality and
expenses.
d. Characteristics of companies – Common Seal
39
2. Incorporation
a. Incorporation of Companies
b. Certificate of Incorporation
c. Memorandum of Association – contents and alteration
d. Articles of Association - contents and alteration
e. Promoters
f. Pre incorporation Contracts
g. Constructive notice and Doctrine of Indoor Management.
h. Doctrine of Ultra vires.
3. Capital
a. Share Capital, Debentures and other securities
b. Share holders and members
c. Public offer and Private allotment
d. Issue, allotment and forfeiture of shares
e. Share Certificate.
f. Transfer and Transmission of Shares
g. Buy back of shares and reduction of share capital
h. Prospectus – definition, contents of prospectus, Kinds of Prospectus,
Remedies for misrepresentation in prospectus.
i. Registration of Charges and Deposits
5. Winding up
a. Dissolution of Companies- Types of winding up
b. Winding up by the Tribunal
c. Voluntary Winding up
d. Winding up Procedures
e. Liquidators and contributories
f. Removal of names of companies from the register of companies.
g. National Company Law Tribunal, Appellate Tribunal and Special Courts
Statutes
The Companies Act, 2013 with latest amendments.
Prescribed Books:
1. Company Law by Avtar Singh
2. Guide to the Companies Act by A Ramaiya
3. Principles of Modern Company Law by L C B Gower
Suggested Readings
1. Company Law and the Competition Act by K S Anantharaman
2. Palmer’s Company Law by Palmer
3. Principles of Modern Company Law by Gower and Davies
41
PAPER - IV
LAW OF EVIDENCE
Outcome :- This paper inculcates the students with the knowledge of law relating
to different types of evidence and the process of courts in proceedings in courts to
equip them to practise the profession.
3. Character evidence: Meaning – Evidence in Civil and Criminal cases (SS. 52-55),
Oral and Documentary Evidence. Introduction on Proof of facts, General principles
concerning oral Evidence (59-60), General principles concerning documentary
Evidence (61-90), General principles regarding exclusion of oral evidence by
documentary evidence (SS. 91-100)
42
4. Burden of Proof: - The general concepts of onus probandi (SS. 101), General and
Special exception to onus probandi (SS. 102-106)- The justification of presumption
and burden of proof (SS. 107 to 114) with special reference to presumption to
legitimacy of child and presumption as to dowry death- Doctrine of judicial notice
and presumptions – Estoppel - Scope of Estoppel, Introduction as to its rationale
(SS. 115), Estoppel distinguished from Res-judicata, Waiver and Presumption,
Kinds of Estoppel- Equitable and Promissory Estoppel, Tenancy Estoppel (Sec.
116)
PAPER V
Outcome :- This paper ensures the law students that professional services will be
rendered in accordance with reasonably high standards and acceptable moral
conduct. It helps the students to study and assess human behavior and also to
establish principles and moral standards of behavior.
The Contempt Law and Practice - Law of contempt of court: Meaning, nature and
categories of contempt of court, Constitutional validity of the Contempt of Court
Act, 1972, Salient features of the Act, Contempt jurisdiction of Supreme Court,
High Court and Subordinate Courts- Contempt by lawyers, judges and by State-
Contempt procedure- Punishment for contempt- Defense open to contemnor and
remedies against punishment.
4. Fifty (50) selected opinions of the Disciplinary Committees of Bar Councils
5. Cases on Professional Misconduct:
1. Salil Dutta v. T.M. and M.C. (P) Ltd. (1993) 2 SCC 185
2. Vinay Chandra Mishra, In re (1995) 2 SCC 584
3. C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995) 5 SCC 457
4. P.D. Gupta v. Ram Murti (1997) 7 SCC 147
5. R.D. Saxena v. Balram Prasad Sharma (2000) 7 SCC 264
6. D.P. Chadha v. Triyugi Narain Mishra (2001) 2 SCC 221
7. Shambhu Ram Yadav v. Hanuman Das Khatry (2001) 6 SCC 1
8. Pravin C. Shah v. K.A. Mohd. Ali (2001) 8 SCC 650
9. Bhupinder Kumar Sharma v. Bar Assn., Pathankot (2002) 1 SCC 470
10. Ex-Capt. Harish Uppal v. Union of India (2003) 2 SCC 45
6. Accountancy for lawyers:
Need for maintenance of accounts- Books of accounts that need to be maintained-
Cash Book, journal and ledger Elementary aspects of bookkeeping: Meaning,
object, journal, double entry system, closing of accounts. The cash and bulk
transaction: The Cash book, Journal proper especially with reference to client’s
accounts, Ledger, Trial balance and final accounts, Commercial mathematics.
Scheme of Internal/ Written Examinations.
Internal examinations should be conducted through periodical test papers - case
study / field survey/Simulation exercise – Writing articles/Paper presentation in
seminars – Problem solution - projects works on topics identified by the concerned
teacher. The distribution of marks as follows:
Prescribed Legislation:
The Advocates Act, 1961
Contempt of Court Act
Prescribed Book
Mr. Krishnamurthy Iyer’s book on Advocacy.
Recommended Books
Bhagavati, P.N., Challenges to the Legal Profession - Law and Investment in
Developing Countries
J.B.Gandhi, Sociology of Legal Profession and Legal System (1987).
Sathe, Kunchur, Kashikar - “Legal Profession: Its Contribution to Social Change”
in 13 ICSSR
Research Abstracts Quarterly 111-127 (1984) Also see 10 Indian Bar Rev. 47-81
(1983).
K.L.Sharma “Sociology of Law and Legal Profession: Cross Cultural Theoretical
perspective”
24 J.I.L.I. 528 (1982).
A.N.Veeraraghavan “Legal Profession and the Advocates Act, 1961” 14 J.I.L.I. 229
(1972)
Upendra Baxi, “The Pathology of the India Legal Profession”, 13 Ind. Bar. Rev.
455 (1986)
K.L.Bhatia, Socio-Legal Study of Occupational Status of Law Graduates, (1994)
46
FIFTH SEMESTER
Paper – I
LAW OF BANKING AND NEGOTIABLE INSTRUMENTS
(OPTION - I)
Outcome :- This paper makes the students familiar with the development of bank and
banking system in to a vital socio- economical institution in the modern age. It reveals the
evolutionary effect on banking structure, policies, patterns and practices. Moreover, it makes
clear that the new emerging dimensions including e- banking and e-commerce are essential to
cope with the modern scenario. It also provides Legal aspect of various negotiable instruments,
structure and functions of Reserve Bank of India.
Reference Books:
1. Avtar Singh – Negotiable Instruments Act.
2. Basu - Review of current banking theory and practise, Macmilan.
3. Pagets Law of Banking - Butterworths, London.
4. L. C. Goyle – The Law of Banking and Bankers – Eastern Book Co.
5. K. Subramanyan – Banking Reforms in India
6. R. K. Talavar- Report of working group on customer service in Banks
7. S. N. Gupta - The Banking law in theory & practice.
8. G. S. N. Tripathi (Ed.) Sethi’s commentaries on Banking Regulation Act 1949
and allied Banking Laws.
9. Bashyam and Adiga – The Negotiable Instruments Act.
10. Mukherjee. T. K. - Banking Law and practice.
11. Chorley – Law of Banking
12. Paget – Law of Banking
13. Bashyam and Adiga - The Negotiable Instruments Act
14. Information System for Banks - Taxmann
15. Vasantha Desai and Joshi - Managing Indian Banks.
Relevant provisions of Information Technology Act, 2000
48
PAPER I
LAND LAWS INCLUDING TENURE AND TENANCY SYSTEMS
(OPTION - II)
Outcome :- This paper acquaint the students with the redistribution of land
ownership in favour of the cultivating class, regulation, fixity of tenure, rights of
forest dwellers, rehabilitation and re settlement laws.
1 . Land – immovable property – right to hold Land - Constitutional scheme – land
reforms – ARTICLE 31A of Constitution – scope and implications.
2 . Historical background of Kerala Land Reforms Act - fixity of tenure –
purchase o landlord’s rights by cultivating tenants – vesting of landlord’s right in
govt – right to purchase kudikidappu – Role of Land Tribunals and Land Boards
3 . Rights of forest dwellers – Objectives of Wet land laws, Kerala Land Utilization
order, Land Conservancy and Land Assignment Act – Revenue Recovery Act
4 . Right to Fair Compensation and Transparency in Land Acquisitions,
Rehabilitation and Re settlement Act, 2013 – Rehabilitation and Re settlement laws
- urban land ceiling – Kerala Building ( Lease and Rent control) Act, 1965.
Prescribed Readings:
1 . Sugathan, Land laws of kerala
2 . A Gangadharan, Law of land reforms in Kerala
3 . A Gangadharan, The laws on land in Kerala
PAPER II
PRIVATE INTERNATIONAL LAW
(OPTION - I)
Outcome :- This paper enables the students to analyse and appreciate increasing
interaction of individuals and institutions of different countries leading to conflict
between different systems of law. It also help them to understand and explain
different concepts in dealing with and solving dispute containing a foreign element.
Prescribed Books:
R.H. Graveson, Conflict of Laws
S.L. Khanna, Conflict of Laws
Paras Diwan, Private International Law
G.C.Cheshire, Private International Law
Prof.K.Sreekantan-Private International Law
PAPER I
HUMAN RIGHTS LAW AND PRACTICE
(OPTION - II)
Outcome :- This paper encourages the students to work for the protection of
human rights of citizens and also for the effective implementation of Human Rights
Protection Act in to matters relating to deprivation of Human Rights, denial of
Human Rights and violation of Human Rights.
1. Human Rights: Meaning, Evolution of Human Rights: Ancient and Natural
law perspective - Natural Rights and Human Rights, Legal Right and Human
Rights, Human Rights – Classification - Human Rights and League of Nations,
Sources of International Human Rights Law – Human Rights-Importance
2. U.N. Charter and Human Rights, Universal Declaration of Human Rights
and its legal Significance. Covenants and Conventions: International Covenant on
Economic, Social and Cultural Rights, 1966; International Conventions on Civil &
Political Rights, 1966 The European Convention on Human Rights, 1950, The
50
PAPER III
LABOUR AND INDUSTRIAL LAW – I
Outcome :- This paper acquaints the students with the concept of trade unions,
procedural formalities involved in registration of trade unions, its powers and functions
and also equip the student with the concept of industry, industrial dispute and workman
and also regarding the resolution of industrial disputes, methods and agencies.
1 History of trade union movement - trade unions and Indian Constitution - definition
of trade union – Collective bargaining
2 Trade union movement in India - Registration of trade unions - powers and functions
of Registrar of Trade Union - cancellation of registration – rights and liabilities of trade
51
unions
3 Objects of trade unions - funds of trade unions – general and political - trade union
immunities –
nature and scope.
4 Industry, industrial dispute and workman - meaning and definition - dispute resolution
methods and authorities - powers and functions - governmental controls.
5 Strikes, lock outs, lay offs - retrenchment and closure - legal controls- protected workman -
Standing Orders.
Statutory Materials: (With amendments)
1. Trade Unions Act, 1926.
2. Industrial Dispute Act, 1947.
Prescribed Readings: (With amendments)
1 Malhotra, Law of Industrial Disputes.
2 Indian Law Institute, Labour Law and Labour Relations.
3 K.D. Srivastava, Industrial Employment (Standing Orders) Act,1946.
4 K.D. Srivastava, Law Relating to Trade Unions and Unfair Labour Practices.
5 H.L. Kumar, Misconducts, Charge Sheets and Enquiries.
6 P.R.Bagri – Law of Industrial Disputes
7 O.P. Malhothra – Labour Law
8 Labour Law and Labour Relations – Indian Law Institute
9 V.V.Giri – Labour problems in Indian Industry
10 H.K.Saharay – Labour and Social Laws
11 Mishra – Labour and Industrial Laws
PAPER IV
ENVIRONMENTAL LAW
Outcome :- This paper enables the students to understand the core ideas and
principles surrounding the subject of environment protection and conservation
and to equip students with the latest and futuristic developments about
international and national legal framework, policies and court practices
concerning environment protection and also inculcate them a spirit of
environmental consciousness by constantly stressing the need to balance
sustainable development with ecological conservation. This paper also equip
them to identify, assess, analyze and research sound environmental policies by
engaging them through classroom activities, workshops and seminars.
52
PAPER V
ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
(Practical paper – III)
Outcome :- This paper gives the students an idea to settle the issues amicably by
way of various ADR Systems such as arbitration, conciliation, mediation,
negotiation, compromise, settlement, and lok-adalat which helps in reducing the
burden of the courts.
54
Scheme of Evaluation
INTERNAL/ WRITTEN EXAMINATION - 90 MARKS
Marks for internal /written examinations shall be distributed as follows
(i) Test paper (average of two test papers) 20 marks
(ii) Role play (Report of the Role Play shall be submitted in writing)
30 marks
(iii) Survey/Field study 20 marks
55
Prescribed Books:
1. Sridhar Madabhushi, Alternative Dispute Resolution, 2006, Lexis Nexis
Butterworths, New Delhi.
2. Rajan R.D., A Primer on Alternative Dispute Resolution, 2005, Barathi Law
Publications, Tirunelveli.
Reference Books:
1. Sampath D.K., Mediation, National Law School, Bangalore.
2. Gold Neil, et.al., Learning Lawyers Skills, (Chapter-7)
3. Michael Noone, Mediation, (Chapters-1,2&3)
SIXTH SEMESTER
Paper – I
TRADE IN INTELLECTUAL PROPERTY
(OPTION I)
Outcome :- This paper enhances the ability of law students to instill the concepts
of Intellectual Property and articulate the different Intellectual Property Rights
and understand the intricacies of the IP laws and also equip the students in all
aspects of IP lawyering
2. Trade Mark: - What is Trade Mark? - Forms of protecting Trade Mark and
Goodwill Certification of Trade Marks - Property in Trade Mark and Registration -
Licensing of trade mark and registered users - Different terms of protecting trade
marks and Goodwill - passing off - Service marks - Infringement, Threat and
Tradelabel - Assignment and Transmission - Deceptive Similarities
3. Copyright: - Definition of copyright - Object of copyright, Nature of
Copyright - Subject matter of Copyright - Rights conferred by copyright -
Assignment, Transmission and relinquishment of copyright - Infringement of
Copyright - Remedies against infringement of Copyright - Copyright Office,
Copyright Board, - Registration of Copyright & Appeal - Copyright societies -
Rights of Broadcasting Organisation & Performers - Copyright and International
Law
4. Industrial Designs: - Subject matter of Designs - Novelty and originality,
Registration of designs - Registration of design and Rights thereof - Infringement of
copyright in a design - Civil remedies against piracy and defences - Suit for
injunction and recovery of damages
5. Confidential information and Breach of confidence: - Protection of
confidential information - Action for breach of confidence - Industrial and trade
secrets – Remedies - Application of LPR in Agriculture, Biotechnology and
Biodiversity – Conservation, challenges and legal solutions - Bio-technology and
patent protection - Plant genetic resources in nature - The value of genetic diversity
- Evolution of plant protection systems in international community-Farmers and
breeders rights-Legislative initiatives. - Intellectual Property and Conservation of
traditional knowledge.
Prescribed Readings: (With amendments)
1. Copy right of Trade Mark and GATT. Taxman.
2. P. Narayanan, Patent Law, Second Edn., Eastern Book Co.
3. W.R. Cornish, Intellectual Property, I Edn., Universal Book Co.
4. Hillary, a person of Clifford Miller, Commercial Exploitation of
Intellectual Property, Universal Book Traders(1994).
5. Beier, F.K., R.S., Crespi, J. Straus. Biotechnology and Patent protection
(1986) Oxford and IBH Pub. Co.
6. Vandana Shiva Ingunn Moser (Edn.) Bio-politics (1996).
7. Jayashree Watal, Intellectual property and WTO in the Developing
countries, 2000, OUP.
8. Suman Sahai Ed. Bio-resources and Biotechnology, Policy Concerns for
the Asian Region (1999) Gene Compaign.
57
PAPER - I
LOCAL SELF GOVERNMENT INCLUDING PANCHAYAT
ADMINISTRATION (Option II)
Outcome :- This paper realizes the students the necessity to strengthen
decentralization and local self government in order to contribute to the local good
governance in India and also to foster research in decentralization and local self
government.
1. Meaning, Nature, Characteristics of Local Self Government
Advantages and disadvantages of local self government-Constitutional provisions
2. Evolution of Local Self Government in India - (i) Lord Ripen's
Resolution - (ii) Royal Commission - (iii) Community development programme,
National Extension Service - (iv) The Balvantrai Mehta committee report - (v) The
Vasantrao Naik committee report
3. Panchayat Raj - Gram Sabhas, Establishment and constitution of
panchayats - Constitution of Panchayats at Different Levels- Delimitation of
Constituencies- State Election Commission-Preparation of Electoral Rolls-
Qualifications and Disqualifications-Conduct of Elections-Disputes Regarding
Election- Corrupt Practices and Electoral Offences- Provision Relating to Members
and President of Panchayats- Meetings, Powers, Functions, Duties and Property of
Panchayats-Officers and Employees of Panchayats-Finance Commission and Its
Powers- Functions of the Government- Finance and Taxation- Public Safety,
Convenience and Health-Buildings - Registration of Private Hospitals and
Paramedical Institutions-Right to Information-
4. Municipalities - Composition - Qualification and disqualification
of membership - Election to the Muncipalities - Functions of Muncipalities
5. Finance Commission on Panchayat and Municipalities-Ombudsman for
Local Self Government Institutions- Tribunal for Local Self Government
Institutions
Prescribed Readings: (With amendments)
1.The Kerala Panchayat Raj Act, 1994
2. The Kerala Muncipality Ac,t 1994
3. Local Government in India, Venkata Rangaiya
4. Local Government in Crisis, William A. Robson
5. Local Government in Ancient India, Radha Kumud- Mookerly
6. Proposal For Model Legislation for Municipal Corporation IIPA
58
PAPER - II
Criminology and Penology
(Option I)
Outcome:- This paper provides the students a thorough knowledge about the
scientific study of the nature, extent, management, causes, control, consequences,
and prevention of criminal behavior, both on the individual and the social level and
also about the principles, theories and methods of punishment in relation to crimes.
1. Nature and Scope of Criminology: - Inter relation between Criminology,
Penology and Criminal Law - Criminal Law and its nature and elements - Concept
of Crime – Intention and Motive - Importance of Criminology - Schools of
Criminology: - Pre – classical School of Criminology - Classical School - Positive
School - Clinical School of Criminology - Sociological School of Criminology -
The New Criminology -
2. Causation of Crime: - Mc. Naughten Rule - Insanity Under Indian Criminal
Law - Bio-Physical Factors and Criminality - Freud’s theory of Criminal
Jurisprudence - Conflict Theory of Crime - Sociological Theory of Crime: -
Multiple factor approach to crime causation - Mobility, Culture, Conflict, Family
background - Political ideology, religion and crime influence of media, economic
condition - Temptative Theory of Crime: - Crime as a product of social
disorganization – Socio Cultural Pattern and Criminal Behaviour
3. Organised Crimes: - Main characteristics of Organised crime – White-
collar crime: - Definition - Contributing Factors – White-Collar Crime in India -
Whiter Collar Crime in Professions - Alcoholism, Drug Addiction and Crime: -
Main causes of drug addiction – classification of Indian law.
4. Penology - Theories of Punishment - Essential of an ideal Penal System -
Penal Policy in India - Capital Punishment:- euthanasia.
5. Police system – Development of police organization – legal functions of
police – women police – criminal law courts – Lok Adalats – Legal Service
Authority Act, 1987 – object of criminal trial – Functions of criminal courts –
Prison administration – prison discipline – prison labour – Jail reform committees –
prison reforms – problems of undertrial prisoners- bar against handcuffing – solitary
confinement – custodial torture in prisons.
Prescribed Readings;
1. Prof. N.V. Paranjape – Criminology and Penology
2. Ahmad Siddique – Criminology and Penology.
Or
59
Paper II
Women and the Law
(Option II)
Outcome :- This paper makes familiar with the issues commonly associated with
notions of women’s right to bodily integrity and autonomy, to be free from sexual
violence, to hold public office, to have equal rights in family law, to work, to fare
wages or equal pay, to have reproductive rights, to education etc.
1. Status of Women in Indian Society:- Rights of the women under the
Constitution-Women Reservations in Election Local Bodies – Directive
Principles and Women – Right to Women to Economic Development -
Personal Laws and Gender Justice – Uniform Civil Code
2. Women and Criminal Law: - Offences relating to Marriage - Cruelty by
husband or his relatives for dowry - Outraging the modesty of women – Police
Atrocities - Custodial Rape – Sexual harassment - Legislation on Criminal
Traffic - Prevention of Immoral Traffic and Women: - Rehabilitative and
Remedial Provisions
3. Law relating to Dowry Prohibition: - Dowry Prohibition Act, 1961 - Dowry
death and dowry suicide
4. Women and Industrial Law: - Equal Remuneration for Men and Women -
Welfare and Safety of Women in Industrial law
5. Women and Special Laws: - Women’s Commission - Family Court Act, 1984
- Indecent Representation of Women (Prohibition) Act, 1986
Prescribed Readings:
PAPER - III
PUBLIC INTERNATIONAL LAW
Outcome:- This paper provides students thorough knowledge of various aspects of
Public International Law so as to equip them to solve the issues of Public
International Law in academic level as well as in the field of advocacy.
1.Basic Aspects of International Law;: Nature and basis of International Law,
definition of International Law, Relationship between Muncipal Law and
International Law, Sources of International Law - State as subject of International
Law: essentials of statehood - not fully sovereign states and other entities - right
and duties of states - modes of acquisition and loss of state territory - state
responsibility.
2.Recognition : Concept of recognition - theories, kinds and consequences of
recognition - state succession - Equitable resource utilization and justification: law
of sea, air and outer space - common heritage of mankind.
3.State jurisdiction: Basis of jurisdiction - sovereign immunity, diplomatic
privileges and immunities.
4.Treaties: Making of Treaty - Reservations to treaty, Pacta sunt servanda, modes
of termination of treaty.
5.UNO, Principles and Purpose of UNO, Security Council , General Assembly,
ECOSOC - Trusteeship Council, ICJ - World Trade Organization- International
Labour Organization
Prescribed Books:
J G Starke, An Introduction to International Law
P. W. Bowett, International Institutions
Reference Books:
J B Brierly - The Law of Nations
61
PAPER - IV
LABOUR AND INDUSTRIAL LAW – II
Outcome :- This paper provides an insight into the labour laws dealing with
employment, wages, bonus, working conditions and also laws regulating social
security measures covering maternity, sickness, occupational diseases, payment of
Gratuity, provident fund etc.
1. Concept of social security-Social security in ancient times-role of
International Labour Organisation- India and ILO-modern concept of social
security-social security in India - Administration of ESI scheme- ESI Corporation-
standing committees-medical benefit council-Benefits-E.S.I fund-Liability of the
employer – Compulsory state insurance-benefits in the event of sickness-maternity
and employment – payment of contribution-role of medical board-adjudication of
dispute
2. Employer’s liability to pay compensation – conditions – liability of
employer-personal injury arising out of and in the course of employment-principles
to decide the quantum of compensation-liability of the principal employer –
Payment of compensation – nature and extent – Notional extension of time and
place of employment- powers of Workmen’s Compensation Commissioners
3. Gratuity benefit s to the workers- eligibility-rate of gratuity-forfeiture etc –
Compulsory Contributory provident fund-provident fund and pension scheme-
authorities for the implementation of the scheme- national and state boards, their
powers and duties-recovery of amount due from the employer – Benefits entitled to
women workers-maternity benefits- eligibility-leaves- nursing breaks-complaints to
inspectors
4. History of bonus in India- bonus commission- kinds of bonus Payment of
bonus-computation-sums deductible from gross profits-eligibility and extend of
bonus-disqualifications to receive bonus-minimum bonus-deductable amounts from
bonus etc – Responsibility for payment of wages-Fixation of wage periods-
Deduction & fines-Authorities & adjudication of claim. Fixation & revision of
minimum wages-Powers of appropriate government advisory committee and
62
Prescribed Readings:
1. S.C. Srivastava, Social Security Laws, Eastern Book Co. (Latest Edition)
2. Victor George, Social Security and Society.
3. Harry Calverty, Social Security Law.
4. Julian Fulbrook, Law and Worker Social Security.
5. R.N. Choudhary, Commentary on the Workmens’ Compensation Act,1923, Orient
Publishing Co. ((Latest Edition).
6. KD. Srivastava, The Payment of Bonus Act,1965,Eastern Book Company ((Latest
Edition)
63
7. R.G. Chaturved, Law of Employees Provident Funds, Bharat Law House (2000).
8. P.R.Bagri – Law of Industrial Disputes
9. O.P. Malhothra – Labour Law
10. Labour Law and Labour Relations – Indian Law Institute
11. V.V.Giri – Labour problems in Indian Industry
12. H.K.Saharay – Labour and Social Laws
13. Mishra – Labour and Industrial Laws
PAPER V
MOOT COURT EXERCISE, OBSERVANCE OF TRIAL, INTERVIEWING
TECHNIQUES AND PRE-TRIAL PREPARATIONS
(Practical paper – IV)
Outcome :- This paper helps the students learn to analyse legal issues and to
understand the practical side of practicing law and equip the students with the
tactics of framing issues from a given detailed hypothetical or imaginary fact
scenario. It also enhances the talent to rehearse arguments, identify weaknesses,
sharpen reflexes, and deepen knowledge of the cases.
This paper will have three components of 30 marks each, and the fourth component
will be a viva-voce examination for 10 marks.
Every student will do at least 3 (three) moot court in a year with 10 marks for each.
Each moot court work will be on assigned problem and it will be evaluated as
follows:
Students shall attend two trials in the course of the last two or three years of law
course. They will maintain a record and enter the various steps observed during
their attendance on different days in the court assignment.
Each student will have to observe 2 (two) interviewing sessions of clients at the
Lawyers’ Office/Legal Aid Clinic 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 carry15 marks.
4. Viva Voce examination on all the above three aspects (10 marks)
Viva voce examination shall be conducted by a panel consists of two senior
teachers other than the teachers in charge of the subject.
Internship 50 50
External Viva voce 50