GUJARAT UNIVERSITY

SYLLABI OF THREE YEARS LL.B.

PROGRAMME WITH CREDIT
BASED SYSTEM
Effective from the academic year
2024-25
(As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal
Education, 2008 incorporating New Criminal Laws of 2023 in the syllabus )

1
 THREE YEARS’ LL.B. POGRAMME
First LL. B.

Semester – I

LL.B. -SEMESTER – I (FIRST LL.B. MONSOON SEMESTER)

CREDITS Marks
PER WEEK SUBJECTS LECTURE OTHERS TOTAL
(SEM)29
S
CORE COURSE 101 Law of Tort including MV Accident And 4 1 5 5
100
Consumer Protection Laws

CORE COURSE 102 Criminal Law Paper – I (Bharatiya Nyaya 4 1 5 5

100
Sanhita, 2023 Chapters I to VI)
CORE COURSE 103 4 1 5 5
Criminal Law Paper – II (Bharatiya Nyaya 100
Sanhita, 2023 Chapters VII to XX)

CORE COURSE 104 4 1 5 5

Law of Contract 100
CORE COURSE 105 Special Contract
4 1 5 5 100
Constitutional History of India
FOUNDATION 106 F 1 1 2 2
100
Use of Law Journals and Legal Software
SOFT SKILL 107 K 1 1 2 2
100

2
 Semester – I
Monsoon Semester

CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT

AND CONSUMER PROTECTION LAWS

Objectives of the Course :

With rapid industrialization, tort action came to used against manufacturers and
industrial unit for products injurious to human beings. Presently the emphasis is on
extending the principles not only to acts, which are harmful, but also to failure
to comply with standards that are continuously changing due to advancement in
science and technology. Product liability is now assuming a new dimension in
developed economics.

In modern era of consumer concern of goods and services, the law of torts has an
added significance with this forage into the emerging law of consumer protection. It
operates in disputes relating to the quality of goods supplied and services rendered and
in those areas relating to damage suffered by consumers. The law relating to consumer
protection, lying scattered in myriad provisions of various legislation and judicial
decisions in India, so connected with the human right for a healthy life and
environment, has now a core subject to be taught as an indispensable part of a
socially relevant curriculum. The provisions of the Motor Vehicles Act relating to
payment of compensation in case of hit and run accidents and compulsory third party
insurance are also included in this paper.

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Syllabus :

1. General Principles of Tort

1.1 Tort : Definition, Distinction from Crime, Breach of Contract etc.,
Nature, Scope and object of Tort, who may sue? Who may not
be sued ?
1.2 Damnum sine Injuria, Injuria Sine Demnumn
1.3 Volenti non fit Injuria, ubi jus ibi remedium and other maxims
1.4 Vicarious Liability : Basis, scope, Justification, Different types
1.5 Extinguishment of Liability in Tort
1.6 Justification in Tort, defences to the defendants

2. Torts against person, property, Freedom & Reputation

2.1 Trespass to person : Assault, Battery, Mayhem, False Imprisonment
2.2 Torts affecting Property (Movable & Immovable) : Trespass,
Traspass ab initio etc.
2.3 Torts related to Reputation (Defamation) & personal relations
2.4 Torts affecting person & Property : Nuisance, Negligence, Fraud
2.5 Third Party liability of owner under the Motor Vehicles Act and
related cases

3. Principles of Liability in Torts and Legal Remedies

3.1 Principle of Strict Liability : Ryland V. Fletcher case with exceptions
3.2 Principle of Absolute Liability : Bhopal Gas Disaster case and Shree
Ram Food Gas Leakage case
3.3 Remoteness of damage – foresee ability and directness Injunction
Specific restitution of property
3.4 Extra–legal remedies – self–help, re-entry on land, re-caption
of goods, distress damage feasant

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 4. Concept of Consumer & Consumer Protection Act
4.1 Consumer : Definition,
4.2 Services : Types of services, Deficiency- meaning,
4.3 Commercial & Professional Services, Medical Services
4.4 Denial of Services
4.5 Consumer Protection Councils
4.6 Consumer Disputes Redressal Agencies : District Forum, State
Commission & National Commission, Judicial Review

Suggested Reading
Salmond and Heuston – On the Law of Torts, Universal, Delhi
D.D. Basu. The Law of Torts, Kamal , Calcutta. D. M.
Gandhi Law of Tort Eastern, Lucknow
P.S. Achuthan Pillai, The Law of Torts, Eastern, Lacknow
Ratanlal & Dhirajlal.. The Law of Torts, Universla, Dehi.
Winfield and Jolowiz on Torts, Sweet and Maxwell, London.
Saraf, D. N. Law of Consumer Protection in India, Tripathi, Bomaby.
Avtar Singh. The Law of Consumer Protection, Principles and Practice, Eastern
Book Co. Lucknow.
J. N. Barowalia, Commentary on Consumer Protection Act, 1986, Universal
Delhi.
P. K. Majundar, The Law of Consumer Protection In India, Orient Publishing
Co. New Delhi.
R.M. Vats, Consumer and the Law, Universal, Delhi. Winfield and
Jolowiz on Tort , Sweet and Maxwell London.
Saraf, D. n. Law of Consumer Protection In India, Tripathi, Bombay.
Avtar Singh, The Law of Consumer Protection Principles and Practice, Eastern
Book Co. Lucknow
J. N. Barowalia, Commentary on Consumer Protection Act, 2019, Universal
Delhi.

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P. K. Majundar. The law of Consumer Protection In India, Orient Publishing Co
. New Delhi.
R. M. Vats, Consumer and the Law, Universal, Delhi.
Consumer Protection Act, 2019
Motor Vehicles Act, 1988 : Eastern Book Company
A. P. Mathur’s Law Relating to Motor Vehicles : Eastern Book Company
(Revised by Justice G. C. Mathur(Retd.)

6
 LL.B. Semester – I
Core Course 102 : CRIMINAL LAW PAPER – I
(Bharatiya Nyaya Sanhita, 2023 : Chapters I to VI)

Objective of the course :

The Parliament has approved new legislation – Bharatiya Nyaya Sanhita, 2023 by repealing old
legislation Indian Penal Code 1860 and the new legislation, by notification made applicable from
the 1st July 2024. The Parliament has also incorporated necessary suggestions and
recommendations of the 246th Report on Bharatiya Nyaya Sanhita, 2023 submitted by the
Parliamentary Standing Committee on Home Affairs in the present legislation. The present
legislation of 2023 is simplified and the offences as well as punishments are streamlined. Some
new offences are added taking into consideration the safety of citizens, security of the nation and
Unity and integrity of the country, punishment of imprisonment and fine were enhanced so as to
have deterrent effect. Bharatiya Nyaya Sanhita, 2023 has also taken care to meet with the
challenges of global terrorism, armed rebellion and organized offences. Bharatiya Nyaya
Sanhita, 2023 is covered within two core courses of the present syllabi so as to appraise
the law students about complete. While perusing the judgments of the Apex Court related
to the offences, the students are expected to see the provisions of the Indian Penal Code.

SYLLABUS :
1. General :
1.1 Objects and reasons of Bharatiya Nyaya Sanhita, 2023, Introduction of
Newly inserted and amended provisions of BNS,
1.2 Conception of Crime, Stages of Crime, Mens Rea,
1.3 Commencement and application of the Bharatiya Nyaya Sanhita, 2023
1.4 Intra-Territorial Jurisdiction and Extra-Territorial Jurisdiction, General
Explanations Sec. 3(1) to (9)
1.5 Punishments : Various Theories of Punishment and Kinds of Punishments
1.5.1 Death Sentence, Arguments in favour and against Death Sentence and
constitutionality of Death Sentence, Imprisonment for Life,
Imprisonment : Simple and Rigorous, Forfeiture of Property, Fine and
Community Service.
1.5.2 Commutation of sentence, fractions of terms of Punishment,
1.5.3 Liability in default of payment of fine and related provisions
1.5.4 Solitary Confinement, Enhanced punishment for certain offences after
previous conviction
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 2. General Exceptions :

2.1 Mistake of Fact, Mistake of Law, Act of Judge, Act done pursuant to
judgment/order of court etc, Accident as a defence, act without criminal intent
2.2 Mental Incapacity, Minority, consent, involuntary intoxication and Insanity
as a defence, Act by a person compelled by threats, communication made in
good faith, act causing slight harm etc.
2.3 Right of Private Defence of person and property : Justification and limits,
When private defence extends to causing of death to protect body and
property ?
2.4 Abetment and its kinds, Abetment outside India for Offences in India (sec.48),
Criminal Conspiracy,
2.5 Punishment for attempt to commit offence punishable with life imprisonment
or other imprisonment

3. Offences against Women and Child :

3.1 Rape and other sexual offences, Punishment thereof,
3.2 Gang Rape and its punishment, other related provisions
3.3 Sexual harassment, Assault/use of Criminal Force to women with intent to
disrobe,
3.4 cyber crimes : voyeurism, stalking on line modes of these offences and
punishment
3.5 Dowry Death, marrying again during lifetime of husband/wife,
Husband/relatives of husband of women subjecting her to cruelty, other
marriage related offences and punishments
3.6 Offences against Child

4. Offences affecting the Human Body :

4.1 Offences affecting Life :

4.1.1 Culpable Homicide, Murder, distinction between them, murder by 5 or
more persons on ground of race, caste community, sex etc., punishment
4.1.2 Causing death by rash or negligent act, causing death by rash or
negligent motor driving, liability of Medical Practitioner in case of death
by rash or negligent act,
4.1.3 Attempt to murder, Attempt to commit Culpable Homicide,
4.1.4 Abetment of Suicide, reasons for removing offence of attempt to commit
suicide in BNS
4.3 Organised crime ( Sec.111), Petty organized crime (Sec 112), Terrorist Act
(SEC 113)
4.2 Hurt and Grievous hurt, Aggravated forms, Grievous hurt by Acid etc.
4.3 Wrongful restraint, wrongful confinement
4.4 Criminal Force, Assault,
4.5 Kidnapping, Abduction, Trafficking of person, Unlawful compulsory labour
etc.

8
Suggested Reading :
Bare Act, Bharatiya Nyaya Sanhita, 2023
Kenny’s Outlines of Criminal Law – Universal Law Publishing Co.
Russell on Crime – Universal Law Publishing Co. (2 Volumes)

K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India

(Books for reference and referring to cases only) :
Ratanlal & Dhirajlal’s Indian Penal Code Butterworths Wadhwa, Nagpur
K. D. Gaur, A text Book on the Indian Penal Code, Universal Delhi.
P. S. Achuthan Pillai, Criminal Law Eastern Book Co.,
B. M. Gandhi , Indian Penal Code, Eastern Book Co,

Note : As Indian Penal Code is already replaced by Bharatiya Nyaya Sanhita, 2023
students are instructed to refer the above listed books. While referring the
Apex Court decisions, the students are expected to peruse the Sections of
Indian Penal Code.

9
 Core Course 103 : CRIMINAL LAW PAPER – II
(Bharatiya Nyaya Sanhita, 2023 Chapter VII to XX)
The Parliament has approved new legislation – Bharatiya Nyaya Sanhita, 2023 by repealing old
legislation Indian Penal Code 1860 and the new legislation, by notification made applicable from
the 1st July 2024. The Parliament has also incorporated necessary suggestions and
recommendations of the 246th Report on Bharatiya Nyaya Sanhita, 2023 submitted by the
Parliamentary Standing Committee on Home Affairs in the present legislation. The present
legislation of 2023 is simplified and the offences as well as punishments are streamlined. Some new
offences are added taking into consideration the safety of citizens, security of the nation and Unity
and integrity of the country, punishment of imprisonment and fine were enhanced so as to have
deterrent effect. Bharatiya Nyaya Sanhita, 2023 has also taken care to meet with the
challenges of global terrorism, armed rebellion and organized offences. Bharatiya Nyaya
Sanhita, 2023 is covered within two core courses of the present syllabi so as to appraise the
law students about complete. While perusing the judgments of the Apex Court related to
the offences, the students are expected to see the provisions of the Indian Penal Code.

SYLLABUS :

1. Offences against the State, Offences relating to Army, Navy and

Air Force and Offences relating to elections
1.1 Offences against the State :
1.1.1 Wagging War against Government of India and related offences
1.1.2 Act endangering sovereignty, unity and integrity of India (Sec 152)
1.1.3 Public Servant negligently allowing Prisoner of State or war to escape
and related offences.
1.1.4 Aiding escape of, rescuing or harbouring prisoner
1.2 Offences relating to the Army, Navy and Air Force
1.2.1 Abetting mutiny and related offences, attempt to seduce a soldier, sailor
or airman from his duty, abetment of assault by soldier, sailor or airman
on his superior officer etc.
1.2.2 Harbouring deserter, Abetment of Act of insubordination etc.
1.3 Offences relating to Elections
1.4 Offences relating to Coin, Currency Notes, Bank Notes and Government
Stamps

2. Offences against the Public Tranquality, Offences by or against

Public Servants :
2.1 Offences against Public Tranquality
2.1.1 Unlawful Assembly, Common Object, Difference between Common
Object and Common Intention (Sec. 190 and Sec.3(5) ), Rioting,
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 Aggravated forms of Rioting, Affray, Promoting enmity between
different groups
2.1.2 Imputations, assertions prejudicial to national integration
2.2 Offences by or relating to Public Servants :
2.2.1 Public Servant disobeying law with intent to cause injury, disobeying
direction under law
2.2.2 punishment for non-treatment of victim (sec.200), public servant
framing incorrect document with intent to cause injury, unlawfully
engaging in Trade, unlawfully buying/bidding for property etc.
2.3 Contempts of the lawful authority of Public Servants :
2.3.1 Absconding to avoid service of summons, preventing service of
summons, Non attendance in obedience to order from public servant
and other related offences
2.3.2 refusing to take oath/affirmation, refusing to answer public servant,
refusing to sign statement etc., Resistance/obstruction by a person to his
or another person’s lawful apprehension etc.
2.3.4 Threat of Injury to public servant and related offences, Attempt to
commit suicide to compel/restrain exercise of lawful power (Sec.226)

3. False Evidence and Offences against Public Justice, Offences

affecting Public Health, safety etc. and offences relating to
Religion,
3.1 Giving and fabricating False Evidence, punishment
3.1.1Giving/ fabricating false evidence with intent to procure conviction
of capital offences/ life imprisonment / imprisonment, related
offences
3.1.2 Using evidence known to be false, issuing/signing false certificate,
using as true certificate known to be false etc., giving false
information and related offences, dishonestly making false claim in
court, fraudulently obtaining degree for sum not due
3.1.3 Harbouring offender and related offences
3.1.4 Public servant disobeying direction of law to save person from
punishment etc and other offences related to public servant

3.2 Offences affecting the Public Health, Safety etc. :

3.2.1 Public Nuisance and related offences
3.2.2 Adulteration of food or drink intended for sale, sale of noxious
food/drink, adulteration of drugs and sale thereof, related offences
3.2.3 Rash driving or riding on public way etc., conveying person by water
for hire in unsafe or overloaded vessel, Negligent conduct with respect
to poisonous substances, fire/combustible matter, explosive substance,
animal etc. punishment
3.2.4 sale etc of obscene books,, obscene objects to child, obscene acts and
songs, keeping lottery office

3.3 Offences relating to Religion :

3.3.1 Injuring/ defiling place of worship with intent to insult religion of any
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 class, Deliberate and malicious acts intended to outrage religious
feelings etc.
3.3.2 Disturbing religious assembly, trespassing on burial places etc., uttering
words etc. with intent to wound religious feelings

4. Offences against Property, documents and Property Marks,

Criminal Intimidation, Defamation and Miscellaneous:
4.1 Theft, snatching & Extortion, aggravated forms of theft and extortion,
punishment thereof, Robbery and Dacoity, Distinction between them,
receiving and disposing of Stolen Prooperty & other related offences
4.2 Criminal Misappropriation, Criminal Breach of Trust, Mischief including
Mischief by causing loss to Government property etc (sec. 324(3))
4.3 Cheating : Types of Cheating Punishment, Criminal Trespass, House
Trespass and House Breaking, aggravated forms and punishment
4.4 Making False Document and Forgery,
4.4.1 Aggravated forms of forgery, punishment, Forge document/electronic
record and using it as genuine etc.
4.4.2 Fraudulent cancellation, destruction etc of will, authority to adopt or
valuable security etc, falsification of account.
4.4.3 Tampering with property marks, counterfeiting property marks etc.
4.5 Criminal Intimidation, Intentional Insult with intent to provoke breach of
peace, statements conducting to public mischief, Act caused by inducing
person to believe that he will be rendered an object of Divine Displeasure,
Misconduct in public by a drunken person
4.6 Defamation, Breach of contract to attend on and supply wants of helpless
person
4.7 Repeal and savings (sec 358)

Suggested Reading :
Bare Act, Bharatiya Nyaya Sanhita, 2023
Kenny’s Outlines of Criminal Law – Universal Law Publishing Co.
Russell on Crime – Universal Law Publishing Co. (2 Volumes)
K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India
(Books for reference and referring to cases only) :
Ratanlal & Dhirajlal’s Indian Penal Code Butterworths Wadhwa, Nagpur
K. D. Gaur, A text Book on the Indian Penal Code, Universal Delhi.
P. S. Achuthan Pillai, Criminal Law Eastern Book Co.,
B. M. Gandhi , Indian Penal Code, Eastern Book Co,

Note : As Indian Penal Code is already replaced by Bharatiya Nyaya Sanhita,

2023 students are instructed to refer the above listed books can only be
perused for earlier cases.
12
 LL.B. Semester – I

CORE COURSE 104 : LAW OF CONTRACT

Objectives of the course:

Every man in his day to day life from dawn to dusk makes a variety of contracts,
Man’s contract making activities increase with the increasing trade, commerce and
industry. In a way living in a modern society would be impossible if the law did not
recognize this contract making power of person. This prompted Roscoe Pound to
make his celebrated observation: “Wealth, in a commercial age, is made up largely of
promises . In this sense India is also a “Promissory” Society.

The conferment and protection by the law of this contract making power
of person gives them a considerable leeway to strike best bargain for the contract
making person. In a way they are permitted to regulate and define their relations in a
best possible manner they chose. However, the contours of contractual relations in a
feudal, colonial and capitalist society of pre-independence India cannot necessarily
be the same in an independent and developing Indian society. Whatever may be
the nature of a given society, the contractual relations as are obtained in that
society, are governed by certain principles which are more or less of a general and
basic nature. In India these general principles are enacted in the form of the Indian
Contract Act, 1972.

This course is designed to acquaint a student with the conceptual and operational
parameters of these various general principles of contractual relations.

Specific enforcement of contract is an important aspect of the law of contracts.

Analysis of the kinds of contracts that can be specifically enforced and the methods of
enforcement forms a significant segment of this study.

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SYLLABUS :

1. General Principles of Law of contract :

1.1 Agreement and contract definitions, elements and kinds

Proposal, Communication and revocation – proposal and invitation
for proposal – floating offers
1.2 Acceptance – their various forms, essential elements
1.3 Consideration –its need, meaning, kinds, essential elements
1.4 Capacity to Contract

2. Capacity to contract & Free Consent :

2.1 Minor, Age of Majority, Nature of minor’s agreement & effects
thereof, Accessories supplied to a minor, Agreement beneficial
and detrimental to a minor
2.2 Free consent –its need and definition, Effects of force, coercion
& undue influence on contract
2.3 Mistake : definition – kinds- fundamental error mistake of law and
of fact – their effects
2.4 Legality of objects :
2.4.1 Unlawful Agreements: Kinds and effects thereof
2.4.2 Void Agreements, Uncertain Agreements, Wagering
Agreements, Illegal & Void Agreements

3. Discharge of Contract & Quasi-Contracts :

3.1 Various modes of discharge of contract and effects thereof
3.2 Anticipatory Breach of Contract

14
 3.3 Impossibility of performance – specific grounds of frustration –
application to leases- theories of frustration – effect of frustration
– frustration and restitution, by period of limitation
3.4 Rescission and alteration – their effect- remission and waiver
of performance – extension of time – accord and satisfaction
3.5 Quasi-contracts or certain relations resembling those created
by contracts, Quantum Meruit

4. Specific Relief Act

4.1 Persons against whom specific enforcement can be ordered
4.2 Rescission and cancellation
4.3 Injunction : Temporary and Perpetual
4.4 Declaratory orders
4.5 Discretion and power of court

Suggested Reading
Beasten (Ed), Anson’s Law of Contract
P. S. Atiya, Introduction to the Law of Contract ( Claredon Law Series)
Avtar Singh, Law of Contract, Eastern Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Formston Law Contract ELBS with
Butterworths.
M. Krishnan Nair, Law of Contract,
G.H. Trinel , Law of Contract Sweet & Maxwell
R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific
Relief Act, Butterworths Publication
Benerjee S.C. Law of Specific Relief, Universal
Anson, Law of Contract, Universal
Dutt on Contract, Universal
Anand and Aiyer, Law of Specific Relief, Universal.

15
 LL.B. Semester – I

CORE COURSE 105 : SPECIAL CONTRACT

Objectives of course :

This course 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 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. This course also should provide an insight into the justification for special
statutory provisions for certain kinds of contracts.

SYLLABUS :

1. Indemnity and Guarantee

1.1 Indemnity : concept, Need for indemnity, definition
1.2 Methods of creating indemnity obligations
1.3 Commencement, Nature and extent of liability of the indemnifier
1.4 Situations of various type of indemnity creations,
Documents/
agreements of indemnity, Nature of indemnity clauses
. 1.5 Guarantee : Concept, essentials for a valid guarantee contract
1.6 Rights & Liabilities of Surety

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2. Bailment, Pledge and Agency :

2.1 Bailment : Essential Features, Rights & duties of Bailor & Bailee
2.2 Pledge : Definition Righes and duties of Pawnee, who can pledge?
2.3 Agency :
2.3.1 Definition, Essentials, kinds of agents, creation of Agency
2.3.2 Relations of Principal and Agent : Rights and duties of Agent
2.3.3 Relations of Principal with Third Parties
2.3.4 Methods of termination of Agency Contract
2.3.5 Liabilities of Principal and Agent before and after termination
of Agency Contract

3. Sale of Goods Act :

3.1 Contract of sale : Concept, Essentials, Implied Terms
3.2 Rule of Caveat Emptor
3.3 Conditions and Warrantees
3.4 Transfer of title and passing of risk
3.5 various rules regarding delivery of goods
3.6 Unpaid Seller and his rights

4. Partnership Act :
4.1 Partnership : Nature, Scope, Definition, Kinds of Partnership
4.2 Rights and duties of Partners, Liabilities of Partners
4.3 Registration of Firm, Effect of non-Registration
4.4 Dissolution of firm and its effects
4.5 Liability of Partners under the Limited Liability Partnership Act

17
Suggested Reading
Beasten (Ed), Anson’s Law of Contract
P. S. Atiya, Introduction to the Law of Contract ( Claredon Law Series)
Avtar Singh, Law of Contract, Eastern Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Formston Law Contract ELBS with
Butterworths.
M. Krishnan Nair, Law of Contract,
G.H. Trinel , Law of Contract Sweet & Maxwell
R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific Relief
Act, Butterworths Publication
Benerjee S.C. Law of Specific Relief, Universal
Anson, Law of Contract, Universal
Dutt on Contract, Universal
Anand and Aiyer, Law of Specific Relief, Universal.

Pollok and Mulla, Partnership Act, Butterworths Publication

Mulla on Sale of Goods Act

18
 LL.B. Semester – I
FOUNDATION 106 F CONSTITUTIONAL HISTORY OF INDIA

1. Constitutional History of India

1.1 Fourth Law Commission’s Recommendations regarding Independence
1.2 Simon Commission Report
1.3 Motilal Nehru Report on Simon Commission
1.4 Muslim League Demand and Poona Pact, 1932 (Communal Award)
1.5 Government of India Act, 1935 :
1.5.1 Federal Government
1.5.2 Federal Court
1.5.3 Provincial Autonomy
1.5.4 Provincial Government
1.5.5 All India Federation
1.5.6 Dyarchy at the Center
1.5.7 Federal Legislature
Provincial Legislature
1.5.8 Distribution of Power between center and provinces
1.5.9 Special Provisions for Minority
1.5.10 Abolition of Indian Council

2. Important Constitutional Developments before framing of Constitution of

India :
2.1 Round Table Conferences
2.2 The Cripps Mission, 1942
2.3 Cabinet Mission
2.4 C. Rajagopalachari’s Formula, 1944
2.5 Wavell Plan and Simla Conference, 1945
2.6 Attlee’s Statement (1947)
2.7 Mountbatten Plan, 1947

19
3. Committees to draft the Constitution of India
3.1 Framing of the Constitution of India
3.2 Constituent Assembly, Chairman, members and their contribution
3.3 Drafting Committee, Chairman, members and their contribution,
3.4 Final Draft and adoption of the Constitution of India
3.5 Indian Independence Act, 1947 : Main Features

Suggested Reading
D. D. Basu : Introduction to the Constitution of India
G. N. Singh : Landmark in Indian Constitutional & National Development
V. D. Kulshreshtha’s Landmarks in Indian Legal & Constitutional History, Eastern Book Co.
J. N. Pandey : Constitutional Law of India
Keith : Constitutional History in India
M. P. Jain : Indian Constitutional Law
M. V. Pylee : Constitutional History of India
Shiva Rao : Framing of the Constitution of India (Vols. 1-4)
V. N. Shukla : Constitution of India

20
 LL.B. Semester – I
SOFT SKILL 107 K Use of Law Journals and Legal Software

Objectives of the Course :

The purpose behind introduction of this course is to provide the law students
basic information about various Indian and Foreign Law Journals and make them
acquaint with the use thereof. An art to find out the judgments supporting a legal issue
will be taught to the student. After having acquired basic knowledge, by continuous
practice, students are expected to know how to read and interpret the judgments of
court. In the era of ICT, knowledge of Legal Software and use thereof has become
inevitable. In this course, with the theoretical background, the students will become
familiar about the use of legal software and its application at the library or at the
office of a law firm.

1. Requirements of Legal Journalism & Basic about Law Journals

1.1 Code of Ethics of Legal Journalism (Adopted at the Stockholm
Symposiums, 1991)
1.2 Legal Reasoning : meaning, nature application and Importance
1.3 Importance of Law Journals in the legal profession :
1.3.1 Importance of Legal Articles
1.3.2 Importance of criticism and analysis of judgments

1.4 Information about new Bills and Legislations from Law Journals
1.5 International and Foreign Law Journals : its importance in India
1.6 Kinds of International & Foreign Law Journals :
1.6.1.All England Reports
1.6.2 Halsbury’s Laws of England

2. Use of Law Journals and importance thereof

2.1 Format of Law Journals
2.2 Types of Law Journals
2.3 Art of finding relevant judgments from Law Journals
2.4 How to read a Judgment : Significance of Minority and Majority views

19
3. Legal Software : General Information and use :
3.1 Various types of Legal Softwares :
3.1.1 General Information about Legal Software
3.1.2 Characteristics and features of various Legal Software
3.1.3 Legal Software : Operating System, Utility Programme, upgradation
& Installation, Dongle Lock Facility in Legal Software
3.1.4 Various Options available for searching judgments from Legal
Software
3.1.5 Options to find out relied and overruled judgments from legal
software

3.2 Court Cases :

3.2.1 Commenting and Reporting of Judgments
3.2.2 Crime Reporting
3.2.3 Use of Artificial Intelligence in court management system :
Adequacy
3.2.4 Paper less Court work

Note : While teaching the subject, the college may select any one of the
various well known legal software for providing the information to
the students.

Suggested Reading
Nandan Kamath :- Law Relating to Computers and Internet, Universal Law
Publishing Co.
Allan M. Gahten :- Internet : Law and Legal Profession
Kant D. Stuckey :- Internet and online law
Michoel D. Rostoker :- Computer Jurisprudence and Legal Responses to the
Information
Revolution
Rega Rao :- Use of computer, Interned for Law students & Legal Profession (Asia
Law Book House, Hyderabad)

Baxi Upendra :- Legal Education in 21st Century

20
THREE YEARS’ LL.B. POGRAMME

LL. B. Semester – II

CREDITS
PER WEEK SUBJECTS LECTURES OTHERS TOTAL
(SEM)29 Marks

CORE COURSE Constitutional Law Paper – I 4 1 5 5 100

108
CORE COURSE Constitutional Law Paper – II 4 1 5 5 100
109
CORE COURSE Company Law 4 1 5 5 100
110
CORE COURSE Environmental Law 4 1 5 5 100
111

CORE COURSE Property Law 4 1 5 5 100

112
FOUNDATION Principles of Political Science 1 1 2 2 100
113 F & Theory

SOFT SKILL Use of Internet in Legal 1 1 2 2 100

Education
114 K

20
 LL.B. Semester – II

CORE COURSE 108 CONSITITUTIONAL LAW- I

OBJECTIVES:
India is a democracy and her Constitution embodies the main principles of the
democratic government – how it comes into being, what are its powers, functions,
responsibilities and obligations how power is limited and distributed. Whatever
might have been the original power base of the construction today it seems to have
acquired legitimacy as a highest norm of public law A good understanding of the
Constitution and the law, which has developed through constitutional amendments,
judicial decisions, constitutional practice and conventions is therefore, absolutely
necessary for a student of law. He must also know the genesis, nature and special
features and be aware of the social, political and economic influence of the
Constitution.

The purpose of teaching constitutional law is highlight it never ending growth.

Constitutional interpretation is bound to be influenced by one’s social, economic
of political predilections. A student must, therefore, learn how various interpretations
of the constitution are possible and why significant interrelation was adopted in a
particular situation. Such a critical approach is necessary requirement in the study of
constitutional law.

Judicial review is an important aspect of constitutional law. India is the

only country where the judiciary has the power to review even constitutional
amendments. The application of basic structure objective in the evaluation of
executive actions is an interesting development of Indian constitutional law.
The concept of secularism and federalism engraved in the constitution are, and
are to be interpreted progressively.

21
SYLLABUS :

1. Preamble of the Constitution :

1.1 Preamble : purpose, objectives importance
1.2 Preamble – Whether a part of the Constitution, Application of
Basic Structure Theory to the Preamble
1.3 Amendment made in the Preamble : Effects thereof
1.4 Use of Preamble in Interpretation of Constitutional Provisions
1.6 Salient Features of the Constitution of India
1.7 Citizenship

2. Fundamental Rights - I :
2.1 Concept of “State” under Article 12 and judicial approach, Meaning
of Law under Article 13
2.2 Right to equality and protective discrimination, Equality of
opportunity in the matter of Public Employment

2.3 Freedoms guaranteed to citizens of India under Article

19 and reasonable restrictions
2.4 Right against exploitation, Abolition of untouchability and Titles
2.5 Right of Self-incrimination and Principle of Double Jeopardy
2.6 Constitutional Remedy for the enforcement of Fundamental Rights
(Writ remedies under Articles 32, Distinction from writs under
Article 226)

3. Fundamental Rights - II
3.1 Right to life and personal liberty, due process of law (Article 21)
Right to privacy, right to clean Environment, Right to Shelter, Right
to information, Right to Free Legal Aid, Right to live with dignity
and other rights covered within ambit of Article 21
3.2 Safeguards against arbitrary Arrest and Detention
3.3 Right to Freedom of Religion & Secularism
3.4 Prohibition of Traffic in Human beings and forced labour
3.5 Prohibition of Employment of Children in factories etc.

23
 3.6 Right to Education (Article 21 and 21-A and its developments)
3.7 Cultural and Educational Rights : Articles 29 & 30
3.8 Article 31-B & Schedule IX,

4. Directive Principles of State Policy and Fundamental Duties :

4.1 Directive Principles : Nature, ideals, Distinction from Fundamental
Rights & Inter-relationship with fundamental rights
4.2 Non-enforceability of Directive Principles before the court
4.3 Classification of Directive Principles, Uniform Civil Code :
challenges and adequacy
4.4 Reading Directive Principles into Fundamental Rights by the Apex
Court through its decisions
4.5 Fundamental Duties : Concept, significance and nature

SUGGESTED READING :

Constitutional Law of India : D. D. Basu

Introduction to the Constitution of India D.D.
Basu Shorter Constitution of India : Durga Das
Basu Constitutional Law of India : V. N. Shukla
Constitutional Law of India : M. P. Jain
Constitution of India : J. N. Pandey
Constitutional Law of India (Vol. 1-3) : H. M. Seervai
Constitutional law of India : P. M. Baxi
Introduction to the Constitutional Law of India : Narendra Kumar, Allabahad
Law Agency

24
 LL.B. Semester – II

CORE COURSE 109 CONSITITUTIONAL LAW- II

1. Executive, Legislature and Judiciary :

1.1 Union Executive : President, Vice-President, Prime Minister, their
qualifications, powers and duties, position of the President vis-à-vis Prime
Minister
1.2 State Executive : Governor, Chief Minister, Powers, Council of Ministers
1.3 Union Legislature : Composition of Parliament, Lok Sabha, Rajya Sabha,
Qualifications and Disqualifications of the Member of Parliament, Schedule
X, Speaker and Dy. Speaker of both Houses and their powers, Procedure
for passing Ordinary Bill & Money Bill, Joint Session of House
1.4 State Legislature : Composition of House, Qualifications and
disqualifications of MLAs, Legislative Procedure of State Legislature
1.5 Union Judiciary : Supreme Court Judges & Chief Justice :Procedure
for appointment and removal, qualifications, Powers and Jurisdiction of
SC : Original, Appellate, Advisory, Article 141, 142, 143

1.6 State Judiciary : Appointment, Transfer and removal procedure of High

Court Judges and Chief Justice of High Court, Powers and Jurisdiction of
High Courts, Writs : Article 226 and 227, Distinction between them

2. Amendment of the Constitution :

2.1 Procedure to amend the Constitution under Article 368
2.2 Limited power of the Parliament to amend the provisions of the Constitution
2.3 Judicial Pronouncements of the Supreme Court and relevant Constitutional
Amendments
2.4 Basic Structure Doctrine alongwith relevant decisions of the Apex Court

24
3. Emergency provisions :
3.1 National Emergency : Grounds, Effects of proclamation of Emergency
: Suspension of Fundamental Rights during Emergency, Revocation of
Emergency, Judicial approach
3.2 Emergency due to failure of Constitutional Machinery in States : Grounds
3.3 Report of Sarkaria Commission, Guidelines of S. R. Bommai’s case, other
relevant cases of the Apex Court
3.4 Financial Emergency

4. Miscellaneous
4.1 Right to property (Article 300-A), Doctrine of Pleasure, Constitutional
safeguards to Civil Servants, Attorney General, Advocate General, Chief
Election Commissioner and Election Commission, Official Language,
4.2 Freedom of Trade, Commerce and Intercourse
4.3 GST Council : Constitution, Functions and Powers
4.4 Relations between Union and State : Legislative, Administrative
and Financial, Schedule VII and its Importance
4.5 Consolidated funds, Contingency Funds, CAG, Public Service Commission,
Vigilance Commission and other commissions
4.6 Special provisions related to Tribal Areas, Scheduled areas

SUGGESTED READING :
Constitutional Law of India : D. D. Basu
Introduction to the Constitution of India : D. D.
Basu Shorter Constitution of India : Durga Das
Basu Constitutional Law of India : V. N. Shukla
Constitutional Law of India : M. P. Jain
Constitution of India : J. N. Pandey
Constitutional Law of India : H. M. Seervai
Constitutional Law of India : P. M. Baxi
Introduction to the Constitutional Law of India : Narendra Kumar, Allabahad
Law Agency

25
 LL.B. Semester – II
CORE COURSE 110 : COMPANY LAW

OBJECTIVES:
Industrialization plays a very vital role in the economic development of India. In
the post Independence era industrial regulation is employed as a principal means in the
strategy for attaining constitutional values. Companies are no doubt powerful instruments
for development. Besides bringing returns and financial benefits to the capital and labour
they help amelioration of the living conditions of masses. In a developing society like
India, vast varieties of consumer goods are manufactured or produced and different kinds
of public utility services are generated both for general welfare and consumption
purposes Obviously, it is beyond the capacity of one or a few entrepreneurs to engage
into such activities. Because the problem of raising large capital needed for such
enterprises, there is a looming danger of market risk.. hence taking recourse to the device
of incorporation is the only efficacious way to surmount all such hurdles.

Syllabus :
1. Introduction, Memorandum & Article of Association :
1.1 Company : Definition, Theories of Corporate personality
1.2 Kinds of Companies : Private Companies – nature and
advantages – Government Companies- holding and subsidiary
companies,
1.3 Registration and Incorporation of company
1.4 Memorandum of Association, Various clauses, Alteration
therein, Doctrine of ultra virus, Consequences of ultra virus
transaction
1.5 Articles of Association : binding force, alteration, its relation with
Memorandum, doctrine of constructive notice and indoor
management

27
2. Prospectus, Promoters, Shares, Share holder & Members, Share
Capital etc.
2.1 Prospectus : contents, Shelf Prospectus, Misrepresentation in
prospectus, Remedies for misrepresentation and liabilities thereof,
Red Herring Prospectus
2.2 Promoters, Shares : General Principles for allotment, statutory
restrictions, Share Certificates, Transfer of shares, dematerialized
shares (DEMAT)
2.3 Shareholder and members of company : Distinction, Modes of
becoming members of company
2.4 Share Capital : Kinds, alteration and reduction of share capital, Buy-
back of shares

3. Directors, Dividends, Audit, Accounts, Oppression &

Mismanagement etc.
3.1 Directors : Position, appointment, qualifications, vacation of
office, removal, resignation, powers and duties of directors,
Managing Director
3.2 Dividends, Audits and accounts, Debentures, Fixed and
floating charges, kinds of debentures, protection of minority
rights
3.3 Prevention of Oppression and Mismanagement

4. Provisions for Reconstruction, Amalgamation & Winding up of

company :
4.1 Reconstruction and Amalgamation of Company
4.2 Types of winding up under the Insolvency and Bankruptcy Code, 2016
: Reasons, grounds, who can apply? Procedure, powers of liquidator
4.3 Corporate Social Responsibility, Corporate liability : Civil and
Criminal
4.4 National Company Law Tribunal and National Company Law
Appellate Tribunal : Jurisdiction, Powers and Functions

28
SUGGESTED READING :

Note : Provisions of Companies Act, 2013 (with all amendments as well as the
amendments which may be carried out in future) and relevant provisions of the
Insolvency and Bankruptcy Code, 2016 shall be in the syllabus.

Avtar Singh, Introduction to Company Law, Eastern Book Co., Lucknow

Avtar Singh, Company Law, Eastern Book Co.
L.C.B. Gower, Principles of Modern Company Law, Sweet and Maxwell, London
Palmer, Palmer’s Company Law, Stevans, London R.R.
Pennington, Company Law, Butterworths.
A,Ramaiya, Guide to the Companies Act, Wadhva
S.M. Shah, Lectures on Company Law, Tripathi, Bombay.
Kailas Rai : Company Law, Allahabad Law Agency
Maineni S. R. : Company Law
R. K. Bangia : Company Law
Shah S. M., Lectures on Company Law
Insolvency and Bankruptcy Code, 2016

29
 LL.B. Semester – II

CORE COURSE 111 ENVIRONMENTAL LAW

(Including laws for Protection of wild life and other

living creatures including animal welfare)

Syllabus :

1. Environment & Environmental Pollution

1.1 Environment : Meaning, Types : Natural & Man-made Environment
1.2 Eco System, Balance of Ecology
1.3 Environmental Pollution : Meaning, causes, Factors & Effects of
Environmental Pollution
1.4 Types of Environmental Pollution : Air, Water and Noise Pollution etc.

2. Environment Protection : International Scenario & Constitutional

Remedies :
2.1 International Scenario : Stockholm Conference, Rio de’ Janeiro Conference

Sustainable Development and subsequent International Developments

related to Environment Laws and its implication in India.

2.2 Constitutional perspectives for protection of Environment : right to clean

environment as a fundamental right under Article 21, other relevant articles
: 48-A, 51-A(g), 32 and 226, 42nd Constitutional Amendment

2.3 Contribution of Judiciary in Environment Protection through PILs,

relevant decisions of the Supreme Court
2.4 Public Trust Doctrine, Polluter Pays Principle

3. Legislations for the protection of Environment :

3.1 Offences, Remedies and Procedure for prevention of Water Pollution

under the Water (Prevention and Control of Pollution) Act, 1974
3.2 Offences, Remedies and Procedure for prevention of Air Pollution under
29
 the Air (Prevention and Control of Pollution) Act, 1981
3.3 Noise Pollution : Causes, effects and control measures
3.4 Environment (Protection) Act, 1986 : Need to enact this legislation, Powers
of the Central Government, Provisions for Prevention, Control and
Abatement of Environmental Pollution : Offences & Punishment
3.5 National Green Tribunals Act, 2010 : Objects, reasons and salient features

4. Miscellaneous :
4.1 Public Liability Insurance Act, 1991 : Liabilities of owners,
Compulsory Insurance & Procedure for payment of compensation,
4.2 Wild Life (Protection) Act, 1972 : Authorities : Hunting of Wild
Animals, Protected Areas, Offences
4.3 Forest Act, 1927 : Reserved Forests, Centuries, Powers of Forest Officer
4.4 Prevention of Cruelty to the Animals Act : Objects & main features

SUGGESTED READING :

The Water (Prevention and Control of Pollution) Act, 1974

The Air ( Prevention and Control of Pollution) Act, 1981
The Environment (Protection ) Act, 1986
The Public Liability Insurance Act, 1991
Environmental Law and Policy in India by Armin Rusencranz, Syam Divan
Tripathi Publication
Lal’s Commentaries on Water, Air Pollution and Environment (Protection) Laws
by Law Publishers (India) Pvt. Ltd.
Environmental Law in India by Jain and Jain ( Idnore Law House )
Environmental Law by Prof. S. C. Shastri, Eastern Book Co.
Environment Law by Sumeet Malik, Edition, Eastern Book Co.

30
Aarmin Rosencranz, et. Al. (eds.,) Environmental Law and Policy an India,
Oxford
R.B. Singh & Suresh Misra, Environmental law in India Concept Publishing
Co. New Delhi.
Kailash Thakur, Environmental Protection Law and Policy in India, Deep &
Deep Publications, New Delhi.
Richard L . Riverz, Et. Al. (eds. ) Environmental law, the Economy and
Sustainable Development, Cambridge.
Christopher D. Stone, Should Trees Have standing and other Essays on Law,
Morals and the Environment, Oceana.
Leelakrishanan, P. Et. Al. (eds.) Law and Environment, Eastern, Lucknow.
Leelakrishnan, P. The Environmental Law in India, Butterworths- India
Department of science and Technology, Government of India, Report of the
committee for recommending legislative Measures and Administrative Machinery
for Ensuring Environmental Protection, (Tiwari Committee Report)
Indian Journal of Public Administration, Special Number on Environment and
Administration, July-September, 1988 Vol., XXXV No.3 PP 353-801 .
Centre for Science and Environment . The State of India’s Environment
1982, the State of India, Environment 1984-85 and the State of Indian
Environment 1999-2000.
National Green Tribunals Act, 2010 : Bare Act

30
 LL.B. Semester – II

CORE COURSE 112 Property Law

OBJECTIVES OF THE COURSE :

The course on property conventionally deals with the Transfer of Property Act,
1882. More than a Century has elapsed since the passing of the Act and far-reaching
changes have occurred in the field in property laws owing to altered social conditions.
While archaic feudal rules enacted by the colonial administration like the rule against
perpetuities find a place in the Act, the post , independence development relating to
control and use of agricultural land do not find a place. The obsolescence of the Transfer
of Property Act can be best illustrated by citing the provisions relating to leases on
unmovable properties. The students are expected to study this course along with the latest
decisions of the Supreme Court of India.

Syllabus :
1. General Principles of Transfer of Property - I
1.1 Kinds of property : Movable, Immovable, Tangible and non-tangible
property, Intellectual Property
1.2 Which properties may be transferred ? – Competency of person to
transfer : Transfer for the benefit of unborn child
1.3 Rule against perpetuity
1.4 Vested Interest and Contingent Interest

2. General Principles of Transfer of Property – II

2.1 Doctrine of Election
2.2 Lis Pendens : Principle, Salient Features, application in India, Essential
Requirements, Exceptions
2.3 Fraudulent Transfer : Essential Requirements, Exceptions
2.4 Doctrine of Part-performance : Essentials and Exceptions
32
3. Specific Transfers
3.1 Sale : Essentials, Rights & Liabilities of Buyer and Seller
3.2 Mortgage & Charge : Definition, Kinds of Mortgage, Rights & Liabilities of
Mortgager – Mortgagee, Redemption-Clog on Redemption
3.3 Lease : Definition, Essentials, Rights & Liabilities of Lessor and Lessee
3.4 Gift : Definition, Essential requirements, Kinds of Gift, Onerous
Gifts, Universal Donee, Exchange : Definition & Features
3.5 Actionable Claim : Definition & transfer of Actionable Claims

4. Easements :
4.1 Easements : Meaning, Nature, Essentials and Characteristics
4.2 Kinds of Easements, Incidents of Easements, Creation of Easement
4.3 Various Easementary Rights :Right of Way, Right of Air, Right of
support, Right of water etc.
4.4 Extinction, Suspension and Revival of Easements,
4.5 Licences : Meaning, elements, Grant and Revocation of Licences

SUGGESTED READING :

Mulla, Transfer of Property Act, Universal Delhi

Subbarao, Transfer of Property Act, C. Subbiah Chetty, Madras
B. Sivaramayya, The equalities and the Law, Eastern Book Co. Lucknow.
P.C. Sen. The General Principles of Hindu, Jurisprudence (reprint) Allahabad Law
Agency.
B.H. Baden- Powell, Land Systems of British India, Vol. 1 to 3 (1892),
Oxford V. P. Sarthy, Transfer of Property, Eastern Book Company,
Lucknow. Vepa P. Sarathi : Law of Transfer of Property, Eastern Book
Company T. R. Desai : The Indian Easements Act, 1982
B. B. Katiyar : Easements and Licences, Universal Law Publishing Co.
Sanjiva Row : The Indian Easements Act
K. Joshi : Easements and Licences Peacock : The Law relating to Easements

33
 LL.B. Semester – II
FOUNDATION 113 F PRINCIPLES OF POLITICAL SCIENCE & THEORY

Syllabus :
1. Concept of Citizenship, and Federalism :
1.1 Citizenship : Definition under the Constitution of India
1.2 State-Citizen : Inter-relationship, Rights-Duties towards each other
1.3 Federalism : Unitary and Federal System : Distinction, True Federalism and
Quasi-Federalism – meaning, distinction, Merits & Demerits of Quasi
Federalism
1.4 Coalition Government : Concept and Adequacy, Anti-Defection Law
1.5 Federalism : Basic Structure of the Constitution, Golaknath’s case and
Kesavananda Bharti’s case and other relevant cases for reference

1.6 Doctrine of Judicial Review : Meaning, need and importance in

democratic system

2. Meaning of “State” under Article 12 and its Significance and other

Constitutional Principles :
2.1 Definition of “State|” under Article 12 of the Constitution of India
2.2 Changing notion of “State” under Article 12 of the Constitution of
India through Judicial Pronouncements
2.3 Change of trend in the Definition of State in the era of Liberalization
2.4 Change in the Judicial Trend in interpreting the definition of State
after the year 2002
2.5 Sovereignty : Definition, concept, characteristics, Austin’s theory on
sovereignty
2.6 Supremacy of the Constitution : Meaning and importance along with
the Supreme Court decisions

3. Democratic Systems and Constitutional Doctrines :

3.1 Democracy : Parliamentary Democratic System vis-à-vis Presidential
Democratic System, Merits & Demerits
3.2 Doctrine of Separation of Powers : Legislature, Judiciary & Executive
3.3 Doctrine of Eclipse : Application and Importance
3.4 Doctrine of Waiver of Fundamental Rights : Circumstances
3.5 Principle of Rule of Law, application in India and other countries,
importance,
3.6 Procedure established by law (under Article 21) : Meaning, interpretation by
the Judiciary and its importance
34
SUGGESTED READING :

L. S. Rathore & S.A.H. Haqqi : Principles of Political Theory and Organisation, Eastern
Book Co.
Gilchrist, R. N. : Principles of Political Science
Laski, Harold J. : The State in Theory &
Practice Fairlie J. A. : Separation of Powers
Lindasay A. D. : Essentials of Democracy
Constitutional Law of India : D. D. Basu
Constitutional Law of India : V. N. Shukla
Constitutional Law of India : M. P. Jain
Constitution of India : J. N. Pandey
Constitution of India : P. M. Baxi
Constitution of India : Kailas Rai

35
 LL.B. Semester – II
SOFT SKILL 114 K USE OF INTERNET IN LEGAL EDUCATION

Objectives of course :
In the era of computer technology, Internet and Web World, it becomes very essential
for a law student to equip himself for the maximum use of the ICT technology to
upgrade his legal knowledge. The use of ICT and Artificial Intelligence, not only
gives speedy information but it is useful to compare the legal position, legislative
approach and view of judiciary prevailing in India as well as in different countries.
For the above purpose, basic theoretical knowledge about the utilization of
internet, search engines and different web sites etc. for legal knowledge is must.
This course will be taught in the form of theoretical information in order to give the
proper guidance to the law students for effective and maximum use of the ICT.

Syllabus :

1. Theoretical Knowledge about Internet use in Legal

Education :
1.1 Law Related Websites : Basic knowledge, Kinds and importance
1.2 Selection of Law Related Websites :
1.2.1 For finding out International Conventions & Treaties
1.2.2 For knowing legal situation in other countries
1.2.3 For finding out Indian Legislations
1.2.4 For searching Judgments of various courts & comments there upon

1.3 For sending Articles/abstract of the paper to be presented at the seminar and
to know the status of acceptance

1.4 Use of Internet for gathering speedy legal information by the law students/
researchers

2. Application of ICT and AI in Legal Field :

2.1 Search Engines & Websites : Use for legal education purpose
2.2 Use of Law related Internet Sites : Knowledge about pdf & ppt files
2.3 Use of Internet for searching Head-notes, Cases & Legal Articles
36
 2.4 Updating the legal news, current status of the pending Bills in the House
through Internet
2.5 On line search of Supreme Court and other courts’ Judgments, Use of On
line Software for searching judgments : A step towards concept of paper-less
library
2.6 E- filing of cases, e-service of court summons/ court notice, Virtual
appearance of lawyers and witnesses in the court : Benefits
2.7 Use of Artificial Intelligence in court management system

3. Use of ICT : Finding the status of cases & Legal Profession Office
Management :

3.1 Knowledge of status of cases pending before High Courts and Supreme
Court through Internet
3.2 Legal Profession Office Management through Internet :
3.2.1 for knowing the case- list of the next day
3.2.2 to know about the business allotted to the judges etc.
3.2.3 to view the judgments of the unreported judgments from the website
of the High Court
3.3 Speedy verification and perusal of the drafted memo/case and related
instruction through Internet
3.4 Obtaining the latest status of the case law decided by the Apex Court (before
its publication in the Law Journals)
3.6 Use of Internet in Legal Research and on line submission of articles/
Seminar papers by Researchers in Law

Suggested Reading

Prof. R. P. Soni, Harshal Arolkar & Dr. Sonal Jain, Working with Personal Computer
Software, Wiley-India Pvt. Ltd., New Delhi

Nandan Kamath :- Law Relating to Computers and Internet, Universal Law

Publishing Co.
Allan M. Gahten :- Internet : Law and Legal Profession
Kant D. Stuckey :- Internet and online law
Michoel D. Rostoker :- Computer Jurisprudence and Legal Responses to the
Information Revolution
Rega Rao :- Use of computer, Interned for Law students & Legal Profession (Asia
Law Book House, Hyderabad)

Baxi Upendra :- Legal Education in 21st Century

37
 THREE YEARS’ LL.B.
POGRAMME

LL.B. Semester – III

(Second LL.B. Monsoon Semester)

LL.B. - SEMESTER III

Per Week CREDITS Marks

PER WEEK SUBJECTS
(SEM)29
LECTURES OTHERS TOTAL

CORE
COURSE 201
Family Law - I 4 1 5 5 100

CORE Labour & Industrial

COURSE 202
4 1 5 5 100
Law - I

CORE Principles of Taxation

COURSE 203
4 1 5 5 100
Law

CORE
COURSE 204
Administrative Law 4 1 5 5 100

CORE Public International

COURSE 205
4 1 5 5 100
Law

FOUNDATION
206 F
Principles of Equity 1 1 2 2 100

SOFT SKILL Legal Terms, Phrases

207 K
1 1 2 2 100
& Maxims

38
 LL.B. Semester – III
CORE COURSE 201 Family LAW – I

OBJECTIVE OF THE COURSE:

The course structure is designed mainly with three objectives in view. One is to

provide adequate sociological perspectives so that the basic concepts relating to family

are expounded in their social setting. The next objective is to give as overview of some of

the current problem assign out of the foundational inequalities writ large in the various

family concepts. The third objective is to view family law not merely as a separate

system of personal law 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. Such a restricting would make the study of familial relations more meaningful.

SYLLABUS :

1. General :
1.1 Concept of Family and Development of Family System,
Types of Family
1.2 Sources of Family Law
1.3 Schools of Family Law
1.4 Uniform Civil Code : Concept, reasons, Need to enact, problems, relevant
Constitutional provisions, Judicial pronouncements

2. MARRIAGE ;
2.1 Concept of Marriage, Essentials of valid Marriage under Different laws-
Hindu, Muslim, Parsi, Christian laws and Special Marriage Act,
2.2 Emerging concepts : Maitri Sambandh (Live-in Relationship) and divided
home
2.3 Regular, irregular and void marriages under different family laws and
effects thereof
2.4 Iddat and its types under Muslim Law
2.5 State Regulations over customary practices like Polygamy, Concubine, Child
Marriage, Dowry, Sati System etc. by different legislations
2.6 Guardianship in Marriage (Jabar) and option of puberty under Muslim law

39
3. MATRIMONIAL DISPUTES AND REMEDIES :

3.1 Non-judicial resolution of marital conflicts.

3.2 Matrimonial Remedies : Restitution of Conjugal Rights, Judicial Separation
and Dissolution of Marriage
3.3 Dissolution of Marriage ;
3.3.1 Customary dissolution of marriage
3.3.2 Unilateral divorce
3.3.3 Divorce by mutual consent
3.3.4 Other modes of dissolution of marriage like cruelty, desertion, adultery
etc.
3.4 Emerging concept : Irretrievably breakdown Theory for granting divorce and
Judicial pronouncements

3.5 Divorce under Muslim personal law –

3.5.1 Talak and its kinds, Talaq-e-tafweez, Kinds of divorce

3.5.2 Grounds for Divorce under the Dissolution of Muslim Marriages
Act, 1939
3.5.3 Judicial Approach on Triple Talaq
3.6 Re-marriage under different Family Laws
3.7 Judicial resolution of marital conflicts

4. GUARDIANSHIP, ADOPTION, ALIMONY AND

MAINTENANCE:

4.1 Guardianship under different family laws

4.2 Provisions for adoption under various family laws and CARA Guidelines for
Adoption
4.3 Maintenance and alimony under the Bharatiya Nagarik Suraksha Sanhita,
2023 and various Family Laws:
4.3.1 Maintenance of neglected wives and divorced wives
4.3.2 Maintenance of children : disabled, legitimate and illegitimate
4.3.3 Maintenance of Parents and Grand Parents
4.3.4 Alimony and maintenance as an independent remedy: a review under
different personal laws - need for reforming the law, Alimony and
maintenance as an ancillary relief
4.3.5 Maintenance of divorced Muslim women under the Muslim Women
(Protection of Rights on Divorce) Act, 1986: a crtica1 review,
Latest Judicial pronouncements on the issue including Shah
Banoo’s case, Danial Litfi v. Union of India’s case, Sayara Banoo
case and other relevant cases of the Apex Court

40
Suggested Reading :

Paras Diwan, Law of Interstate and Testamentary Succession, Universal

Basu, N.D. Law of Succession, Universal
Kusern, Marriage and Divorce Law Manual, Universal
Machanda S. C. Law and Practice of Divorce in India, Universal
P.V. Kane, History of Dharmasastras Vol.2 Pl.1 at 624-632
A. Kuppuswami (ed) Mayne’s Hindu Law and Usage Ch.4
B. Sivaramayys, Inequalities and the Law
K.C. Daiya, “Population control through family planning in India” Indian Journal of
Legal Studies,
J.D.M. Derrett, Hidnu Law Past and Present
J.D.M. Death of Marriage Law
A.A.A. Fyzee, Outline of Muhammadan Law, Alladi Kuppuswami, Mayne’s Hindu Law
and Usage J.D.M. Derret, A Critique of Modern Hindu Law
Paras Diwan, Hindu Law
Juvenile Justice (Care and Protection of Children) Act, 2015 : Bare Act (Adoption related
provisions)
Bharatiya Nagarik Suraksha Sanhita, 2023 (maintenance Provisions : Sec. 144-147)

41
 LL.B. Semester – III

CORE COURSE : 202 LABOUR AND INDUSTRIAL LAW – I

OBJECTIVES OF THE COURSE :

Protection of labour is a constitutional mandate. A constitution inspired by the

vision of social justice is committed to the cause of upliftment of labour. Well balanced
industrial development leads to increased productivity which in turn is factor of national
progress. Labour makes significant contribution in this respect.

Is labour merely a commodity? Is it only a factor in production? There may be

different approaches towards this question. One fact is certain. Today’s labour is engaged
in a battle for position of honour and status equal with management. The law and practice
relating to labour is the story of this battle. In this context, the study of labour law is not
to be confined to mastering of the rules and regulations is relating to the employment of
the work force. Its wings speared wider. It has aim on the societal impulses on, and state
reactions to the complex social-economic, human and political problems arising out of
the constant conflicts between different classes.

The student should get an insight into the mechanics of socio-legal control of
labour relations and should be aware of the history, the present norms, the emerging areas
and possible future techniques of labour jurisprudence.

In order to meet with the above objectives important Labour Laws are divided
into two courses to be studied in Sem. III and IV respectively.

42
SYLLABUS

1. The Industrial Disputes Act, 1947 :

1.1 Scope, objects and main features of the Act, Definitions : Industry, Industrial
Dispute (Individual and Collective), Workman etc. and Judicial Pronouncements
1.2 Authorities under the Act : Works Committee, Conciliation Officer, Boards of
conciliation, Courts of Inquiry, Labour Court, Tribunals
1.3 Procedure, powers and duties of the Authorities
1.4 Strikes and Lock-outs, Lay-off and Retrenchment
1.5 Unfair Labour Practices

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

2.1 Application of the Act

2.2 Standing Orders. Model Standing Orders,
2.3 Certification and Cancellation of Standing Orders
2.4 Provisions of Appeal
2.5 Disciplinary Procedures : Departmental Enquiries and relevant decisions of the
Apex Court

3. Trade Unions Act, 1926

3.1 History and Development of Trade Unionism in India

3.2 Registration of Trade Union : Procedure
3.3 Rights and Liabilities of Registered Trade Unions
3.4 Privileges of Registered Trade Unions

4. Gujarat Industrial Relations Act, 1946 (former BIR Act) &

Collective Bargaining :
4.1 Important definitions : Industry, Workman, Employee, Wage Board,
4.2 Classification of Unions : Primary Union, Qualified Union, Representative Union
4.3 Rights, duties and privileges of the Representative Union
4.4 Notice of Change
4.5 Concept and importance of Principle of Collective Bargaining

43
Suggested Reading :

John Bowers and Simon Honeyball, Tex Book on Labour Law, Blackstone, London.
Srivastava K. D. Commentaries on payment of Wages Act, 1936, Eastern, Lucknow.
Srivastava K. D. Commentaries on Minimum Wages Act, 1948, Easteron, Lucknow.
Rao S. B. Law and Practice on Minimum Wage, Law Publishing House, Allahabad.
Sheth D. D. Commentaries on industrial Disputes Act, 1947, Law Publishing House,
Allahabad.
Srivastava K. D. Disciplinary Action against Industrial Employees and its Remedies,
Eastern, Lucknow.
Srivastava K. D. Commentaries on Factories Act, 1948, Eastern, Lucknow.
R. C. Saxena, Labour Problems and Social Welfare Chapter 1.5 and V. V. Giri, Labour
Problems in Indian Industry Chs. 1 and 15
Indian Law Institute, Labour Law and Labour Relation, Cochin University law Review,
Vol. 6 app. 153-210
Report of the National Commission o n Labour Ch. 14-17, 22, 23, and 24
O. P. Malhotra, The Law of Industrial Dispute, Universal, Delhi.
S.C. Srivastava, Social Security and Labour Laws, Universal Delhi.
S.C. Srivastava, Commentary on the Factories Act, 1948, Universal , Delhi.

44
 LL.B. Semester – III
Gujarat University LL. B. Semester III Syllabus

Core Course Law 203 : Principles of Taxation Laws :

Section I : Income Tax Act 50 Marks

1 . Income Tax Act

Section II. Intra State Goods and Service Tax 40 Marks

Part A :

2. Gujarat Goods and Service Tax Act, 2017

2.1 Concept, Object and Reasons of Gujarat Goods and Service Tax Act : Minimal
interface between Tax Payer and Authorities, Defects of structure of old Indirect
Tax Provisions in India, Goods and Service Tax : meaning, advantages- benefits of
GST – Prevention of evasion of tax- frauds

2.2 Important Definitions of the Gujarat GST Act and Central GST Act :

Adjudicating Authority, Aggregate Turnover, Appellate Authority, Appellate

Tribunal,
Assessment, Business, Business Vertical, Capital Goods, Casual Taxable Person,
Composite Supply, Continuous Supply of Goods, Continuous supply of Services,
Drawback (Rebate of Duty), Exempt Supply, Input Service Distributor, Input Tax,
Output Tax, Outward Supply, Place of Business, Recipient, Turnover in State,
Works Contract
2.3 Input Tax Credit, Levy and Exemption of Input Tax Credit : Conditions,
Registration – Persons liable and not liable for registration, Procedure, Deemed
Registration, Cancellation and Revocation of Registration
2.4 Payment of Tax, interest, penalty etc., Tax Deduction at Source and Collection of
Tax at source, filing of various returns : Monthly, Quarterly, annually, Refund of
Tax, interest on delayed refunds, Consumer Welfare Fund

2.5 Assessment : self and provisional, Scrunity of returns, Audit , Powers of Inspection,
Search, Seizure and Arrest, Provisions relating to Appeal and Reasons, ADR
Mechanism

2.6 Offences and Penalties under the Gujarat GST Act.

45
 Part : B
3. Central Goods and Service Tax Act, 2017 and
Service Tax Act

3.1 Central Goods and Service Tax Act and Service Tax Act
3.1.1 Salient features, objects, reasons, and Importance of
Central GST Act
3.1.2 Application of Central GST Act : with reference to Levy
and Collection of Service Act
3.2 Salient Constitutional Perspectives related to GST :

3.2.1 Article 279-A of the Constitution of India : Goods and

Service Tax Council : Constitution, functions and
powers

Section III. Inter State Goods and Service Tax 10 Marks

4.. Integrated Goods and Services Tax Act, 2017

4.1 Salient Features, Object and Reasons of IGST Act, 2017

4.2 Application of IGST Act, 2017

4.3 Goods and Services : Place of supply –Imported into or Exported from India,
Location of Supplier/recipient is in India or outside India

4.4 Refund, apportionment of tax and settlement of fund, Transfer of Input Tax
Credit

Suggested Reading :

Ramesh Sharma, Supreme Court on Direct Taxes, Bharath Law House, New Delhi.
Sampath Lyengar, Law of Income Tax, Bharath Law House, New Delhi

Diwan B. K. and Sanjay Mehttani, Formation, Taxation, and Assessment Charitable and
Religious Trusts, Bharath law House, New Delhi.

Kanga and Palkiwala. The Law and Practic e of Income Tax, Wadha, Nagpur

K. Parameswaran, Power of Taxation under the Constitution , Eastern Lucknow

V. Ramachandran & T.A. Ramakrishnan (eds) A. N. Aiyar’s Indian Tax Laws, Company Law
Institute of India Pvt. Ltd. Chennai.
46
S. Bhattacharya & H. R. . Garg, Hbandbook of Direct Taxes. Eastern Law House, Calcutta.

V. Ramachandran & T.A. Ramakrishnan (eds) A. N. Aiyar’s Indian Tax

Laws (2000) Company Law Institute of India Pvt. Ltd. Chennai.
S. Bhattacharya & H. R. . Garg, Hbandbook of Direct Taxes (1990) Eastern
Law House, Calcutta.
Bhalla Monish, Commercial’s GST DECODED (2017) Commercial Law Publishers
(India) Pvt. Ltd.
Bharat’s GST Manual, 2017
V. S. Datey, TAXMANN’S GST Ready Reckoner, (2017)
Garg Rakesh, Garg Sandeep, GST Laws Manual (2017), Bloomsbury Publishers, New
Delhi
Bare Act : Gujarat Goods and Services Tax Act, 2017
Bare Act : Central Goods and Services Tax Act, 2017
Bare Act : Integrated Goods and Services Tax Act, 2017
Constitution of India (122nd Amendment) Act, 2016
Constitution of India : Baxi P M, Eastern Book Company 2017 Edi..,
Constitution of India : Basu D.D., Eastern Book Co.
Constitution of India : Shukla V.N., Eastern Book Co.
Constitution of India : Jain M. P. Eastern Book Co.

47
 LL.B. Semester – III
CORE COURSE 204 : ADMINISTRATIVE LAW

OBJECTIVES OF THE COURSE :

The modern state governs in the traditional sense, that is maintains law and order,
adjudicates upon disputes and regulates economic and social life of individuals and
group in the state. At the same time it is also the provider of essential service. In the event
of need occasioned by unforeseen hazards of life in a complex society, it engages itself in
giving relief and helps the citizenry towards self-reliance. The assumption of
unprecedented responsibilities by the state has necessitated devolution on authority of
numerous state functionaries. The number of functionaries in carrying out these tasks has
ever been on the increase due to proliferation of human needs in an age of science and
technology . The aggregate of such functionaries is an essential component of modern
administration.

A formidable body of law has come into existence for the purpose of exercising
control over administration. For long administrative lawyers have primarily been
concerned with such matters as excess or abuse of power, mal administration and abuse
of discretion. However, in recent years there has been a shift in emphasis from finding
what the administration may not do to what it must do. The courts in Indian, no doubt,
strike down administrative acts which are ultra vires or in violation of procedural norms
however, not much has so far been achieved in compelling the administration to perform
statutory duties, though a beginning has been made in respect of matters relating to
fundamental human liberties, Most of the statutory duties imposed on administrative
agencies or authorities remain largely in the realm of discretion.

A course on administrative law must, therefore, lay emphasis on understanding

the structure and modus operandi of administration. It must take note of developmental
perspectives and attainment of social welfare objectives through bureaucratic process. It
should go into matter, which facilitate or hinder the attainment of these objectives.

Though in the matter of protection of rights of individual against administration

the role of courts can not be minimized, it is no less important to know the advantages of
informal methods of settlement. Many new methods of grievance redressal have been
devised which are not only efficacious but also inexpensive and less time consuming.
Remedies available for administrative deviance need a critical study and evaluation in the
context of realities.

48
SYLLABUS :

1. Introduction and Basic Constitutional Principles :

1.1 Administrative Law : Definition, Nature, Scope Reasons for its growth
1.2 Development of Administrative Law, its relation with Constitutional law
1.3 Basic Constitutional Principles :
1.3.1 Rule of Law
1.3.2 Doctrine of Separation of Powers
1.3.3 Principles of Natural Justice, relevant statutory provisions, Natural Justice
Principle as accepted in India, Judicial approach and important cases
1.4 Classification of Administrative actions, Administrative functions, Judicial
Functions and Quasi-Judicial functions

2. Delegated Legislation and Quasi-Judicial Functions :

2.1 Delegated Legislation : Definition, Reasons of its growth
2.2 Delegated Legislation in USA and in India
2.3 Functions which can be and cannot be delegated, Conditional Legislation, Sub-
delegation, General Principles for delegated legislations
2.4 Controls and Safeguards over Delegated Legislation : Purpose
2.5 Judicial, Legislative and other controls over Delegated Legislation
2.6 Quasi-judicial functions : Definition, distinction from Administrative functions

3. Judicial Review of Administrative Discretion and Remedies :

3.1 Administrative Discretion, Judicial Review Definition
3.2 Judicial Review of Administrative Discretion :
3.2.1 Failure to exercise discretion
3.2.2 Excess or abuse of discretion
3.3 Judicial and other remedies :
3.3.1 Writ remedies, Kinds of writs, jurisdiction, powers, against whom writ to
be issued, relevant constitutional provisions
3.3.2 Statutory remedies : Civil Suits, Appeals to Courts, Appeal to tribunals,
Appeal before the Supreme Court, SLP, Public Interest Litigation

49
 3.3.3 Other remedies like Council de Etat, Ombudsman, Lokpal & Lokayukt,
self- help etc.
3.4 Administrative Tribunals : Definition, Origin, Nature, Scope, reasons for its
growth,
3.5 Characteristics of Administrative Tribunals, Distinction from courts, Kinds of
Administrative Tribunals, relevant Constitutional provisions and amendments-
effects thereof, Important judicial pronouncements : Case of Sampat Kumar, L.
Chandrakumar

4. Miscellaneous :
4.1 Liability of the Government
4.1.1 Contractual Liability
4.1.2 Tortuous liability, Doctrine of Estoppel, Crown Privilege
4.2 Public Corporations : Definition, characteristics, classification and working
4.3 Rights and liabilities of Public Corporations, Control over Public Corporations
4.4 Vigilance Commission,
4.5 Doctrine of Legitimate Expectation, Doctrine of unjust enrichment

Suggested Reading :

C. K. Thakker, Administrative Law

C. K. Takwani, Lectures on Administrative Law, Eastern Book Co.
C. K. Allen, Law & Orders D.D. Basu, Comparative Administrative law
M.A. Fazal, Judicial Control of Administrative Action in India , Pakistan and Bangladesh,
Butterworths - India.
Franks, Reports of the Committee on Administrative Tribunals and Inquiries HMSO, 1959
Peter Cane An Introduction to Administrative Law, Oxford.
Wade, Administrative law (Seventh Edition, Indian Print, Universal, Delhi.
J.C. Garner, Administratived Law, Butterworths (ed. B. L. Jones )
M. P. Jain, Cases and Materials on Indian Administrative Law, Vol . I and II Supplement
S. P. Sathe, Administrative Law
B.Schwartz, An Introduction to American Administrative Law
Indian Law Institute, Cases and Materials on Administrative Law in India, Vo. I Delhi.

50
 LL.B. Semester – III

CORE COURSE 205 PUBLIC INTERNATIONAL LAW

OBJECTIVES OF THE COURSE :

The man thrust of this course shall be development of human rights (HR) law
and jurisprudence at international, regional and national levels. There need not be an
attempt to teach the whole gamut of international law in this course. The HR Dimensions
shall be discussed in other papers like Environmental Law (BCI C 18). In the era of
Globalization, it is a need of time to acquaint the law students about the Principles of
Public International Law and its application to the Municipal Laws of the member
nations.
SYLLABUS :

1. Definition and Concept of International Law

1.1 Definition
1.2 Public International Law & Private International Law
1.3 Nature of International Law and its functions
1.4 International Law – a weak law
1.5 Development of International Law in India

2. Theoretical Foundations of International Law :

2.1 Basic principles: sovereign equality of state – non–intervention, non use of
force, international co-operation, peaceful settlement of disputes

2.2 Individuals as subject of international law

2.3 State jurisdiction on terrorism, hijacking, narcotics, war crimes and

Crimes against peace

2.4 Treatment of aliens

2.5 Mechanism : Amnesty International, International Labour Organization (ILO)

51
 UNESCO, UNICEF

3. Concept :
3.1 Sources of International Law : Customs, Treaties, General Principles of Law
recognized by the Civilized Nations, Judicial Decisions, Writing of Jurists,
Equity, Resolutions of General Assembly
3.2 Subjects of International Law
3.3 Jurisdiction of States
3.4 Legal Responsibility of State

4. Miscellaneous :
4.1 States, Recognition, State Territory, State Jurisdiction, State Responsibility
1.2 Aliens
1.3 Extradition
1.4 Asylum
1.5 Treaties
1.6 Security Council
1.7 International Terrorism : Aircraft Hijacking, piracy, Issues and challenges of
International Cyber Terrorism
1.8 Disarmament : Threat to Human Rights

Suggested Reading :

S. K. Verma, Public International Law Prentice- Hall, New Delhi.

Peter J. Van Kricken (ed) . The Exclusion on Clause, Kluwer
Human Rights Watch Women’s Rights Project. The Human Rights Watch Global Report
on Women’s Human Rights, Oxford
Limacora, Nowak and Tretter, International Human Rights, Sweet & Maxwell
Wallace, Internationla Human Rights, Text & Materials, Sweet & Maxwell
Muntarbhom. The Statu of Refugees in Asia, Oxford
Human Rights and Global Diversity, Frank Cass, London
Nirmal C.J. (ed) Human Rights in India, Oxford
Nirmal B.C. The Rights to Self determination in International Law, Deep & Deep
P.R. Gandhin, International Human Right Documents, Universal, Delhi.
Agrawal : Public International Law
Dr. S. K. Kapoor : International Law : Central Law Agency

52
 LL.B. Semester – III

FOUNDATION 206 K PRINCIPLES OF EQUITY

SYLLABUS :

1. Equity : Origin, Development & Importance:

1.1 Origin and Historical Background of Equity
1.2 Definition, nature and scope of Equity
1.3 Equity as a Branch of Law
1.4 Basis of Equity :
1.4.1 Equity - A matter of grace,
1.4.2 Equity – A matter of conscience
1.5 Development of Equity in India
1.6 Importance of Equity
1.7 Practice use of Equity in enacting and interpreting the statutes
1.8Application of maxims of Equity by judiciary
1.9 Nature of Equitable Rights and interests :
1.9.1 Evolution of Equitable Interests in property
1.9.2 Difference between Legal and equitable estates

2. Maxims of Equity - I :
2.1 Equity will not suffer a wrong to be without a remedy
2.2 Equity Follows the Law
2.3 He who seeks Equity must do Equity
2.4 He who comes to Equity must come with clean hands
2.5 Delay defeats Equity
2.6 Equality is Equity

53
 3. Maxims of Equity - II :
3.1 Equity looks to the Intent rather to the Form
3.2 Equity looks on that as done which ought to have been done
3.3 Equity imputes an intention to fulfill an obligation
3.4 Equity acts in Personam
3.5 Where the Equities are equal the first in time shall prevail
3.6 Where there is equal Equity, the law shall prevail

Suggested Reading :

Snell, Equity
Curzon L. B., Euity
Horsfield, Peter M., Equity in a nutshell
Pettit, Philip H., Equity and the Law of Trusts Butterworths Publication
Keeton G. W., and L. A. Sheridan, Equity, Pitman
H. G. Hanbury, Modern Equity The Principles of Equity English Language Book Society
Aquil Ahmad, Equity, Trusts and Specific Relief, Central Law Publication
Basu D. D., Equity, Trusts, Specific Relief
Desai T. R., Equity, Trusts and Specific Relief
B. M. Gandhi, Equity, Trusts and Specific Relief, Eastern Book Company

54
 LL.B. Semester – III
SOFT SKILL 207 K LEGAL TERMS, PHRASES & MAXIMS

1. Legal Terms and Phrases :

1.1 Meaning and use in sentence
1.2 Importance and application of Legal Terms
1.3 Use of Equivalent Legal Terms
1.4 Examples of Legal Terms :
Abandon, Abscond, Accord, Acquiescence, Ad interim, Bona fide, Caveat
Emptor, Capricious, Causus Omissus,Cypres, Codicil, Coparcenery,
Damage and damages, Damage Feascent, De hors, De novo, Domicile,
Double Jeopardy, Endowment, Frivolous and Vexatious, Heridatory,
Juvenile Delinquency, Legum Baccalaureus, Lunatic, reciprocal,
Onerous, Pro bono Publico, Quid Pro Quo,Ratification, Rescind Contract,
Rule absolute, Rule Discharged, Sub Judis, Submission, Subrogation,
Testamentary, Tenure, Undue Influence, Vakalatnama, Valuable Security,
Verdict, Vicarious Liability, Viva voce, Void and voidable,
Note : Above Legal Terms and other important legal terms should be taught in the
classrooms by explaining their meaning used in various laws and
practically demonstrated by framing appropriate sentences.

2. Legal Maxims :
2.1 Meaning, application and importance of Legal Maxims
2.2 Legal Maxims :
• Actio Personalis Moritur cum Persona
• Actus Non Facit, Reum, Nisi Mens Sit Sea
• Delegates non potest delegare
• Damnum Sine Injuria Esse Potest
• Delegatus Non Potest Delegate
• Ex Nudo Pacto Non Oritur Actio
• Ex Turpi Causa Non Oritur Actio
• Falsus In Uno Falsus In Omnibus

55
 • Ignorantia Facit Excusact Ignorantia Juris Non Excusat (Ignorance Legis
Neminem Excusant)
• In Jure Non Remota Causa, Sed Proxima Spectatus
• Injuria Sine Damno

3. Legal Maxims :
• In bonam partem
• Nemo Dat Quod Non Habet
• Novus Actus (Or Causa) Interveniens
• Qui Facit Per Alium Facit Per Se
• Res Ipsa Loquitur
• Respondeat Superior
• Re Non Potest Peceare
• Salus Populi Supreme Lex
• Sic Utero Tuo Ut Alienum Non Leadas
• Ubi Jus Ibi Idem Remedium (or) Ubi Jus Ibi Remedium
• Ut Res Magis Valeat Quam Pereat
• Volenti Non Fit Injuria

Note : Above Maxims should be taught taking into consideration the

relevant decided cases as well as the illustrative Examples.
Suggested Reading :

P. Ramaswami Aiyar, Law Laxicon, Wadhwa and Co.

Ramanathan Aiyer P., The Law Lexicon
Dr. Amit Sen : Text book of Legal Language
Gary Slapper and David Kelley : Lectures on Language System
Brayan Garner : A Dictionary of Modern Legal Usage
John Gibbons : Language and the Law
Peter M. Tiersma : Nature of Legal Language
Wikipedia : Legal English

56
 THREE YEARS’ LL.B.
POGRAMME
LL.B. – SEMESTER - IV

LL.B. - SEMESTER IV

Per Week
CREDITS
PER WEEK SUBJECTS LECTURE Marks
(SEM)29
OTHERS TOTAL
S

Legal Methods &

CORE Legal Theories 4 1 5 5 100
COURSE 208
(Jurisprudence)

CORE
Family Law - II 4 1 5 5 100
COURSE 209

Interpretation of
CORE Statutes and
4 1 5 5 100
COURSE 210 Principles of
Legislation

CORE Labour &

4 1 5 5 100
COURSE 211 Industrial Law – II

ELECTIVE Human Right Law

4 1 5 5 100
COURSE 212 E and Practice

FOUNDATION Principles of
1 1 2 2 100
213 F Banking Laws

SOFT SKILL Legal Principles

1 1 2 2 100
214 K through Case Study

57
 LL.B. Semester – IV

CORE COURSE 208 : LEGAL METHODS & LEGAL THEORIES

(Jurisprudence)

OBJECTIVE OF THE COURSE :

At the heart of the legal enterprise is the concept of law. Without a deep
understanding of this concept neither legal education nor legal practice can be a
purposive activity oriented towards attainment of justice in society. Moreover, without a
comprehension of the cognitive and teleological foundations of the discipline, pedagogy
becomes a mere teaching of the rules. It is unable to present various statutes, cases
procedure, practices and customs as a systematic body of knowledge, nor is it able to
show the inter-connection between these various branches of law, procedures and
principles. The fact that the basic nature and purpose of law should be clear to every
student and that it should be the very foundation of law teaching needs little argument. A
course in jurisprudence should, primarily, induct the student into a realm of questions
concerning law so that he is able to live with their perplexity or complexity and is driven
to seek out answers for himself.

It may not be possible that a one year jurisprudence course can impart knowledge
of doctrines about law and justice, developed over the years, in various nations and
historical situations. Al best an undergraduate course should impart the analytical skill
and equip the student with the basic problems concerning law and the types of solutions
sought. Thus the student not only will be able to use this skill in practice but also is
motivated to take up detailed historical studies on his own after the course. Since a basic
idea in the designation of this course is to bring jurisprudence closer to our reality, in the
selection of cases and reading materials the teachers should try to make use of the Indian
materials as far as possible.

58
SYLLABUS :
1. Introduction and sources of Law
1.1 Meaning of the term ‘jurisprudence’, Nature, Importance
1.2 Nature and definition of law, Relation between : Law and Morality, Law and Justice
1.3 Sources of law : Legislation, custom, Precedents: concept of stare decisis, Juristic writings
2. Schools of Jurisprudence
2.1 Analytical positivism : Bentham and Austin’s view, Criticism of Austin’s theory of positivism
2.2 Natural law School, Historical school, Sociological School
2.3 Kelson’s Pure Theory of Law, H.L.A. Hart’s Theory,
2.4 Legal Realism Theory
4. Legal Rights, duties, persons, Titles, liabilities etc. :
3.1 Rights, Duties and Wrongs : Definitions and relationship, Rights : kinds,
Legal Rights as defined by Hohfeld, Right-Duty Correlations
3.2 Nature of personality, types of persons : Natural and artificial persons
3.3 Corporate personality : Corporation sole and aggregate, Rights & liabilities
3.4 Status of the unborn, minor, lunatic, drunken and dead persons
3.5 Titles : kinds
3.6 Liabilities : conditions for imposing liabilities, Mens rea, Intention, negligence, Vicarious
liability, Strict Liability,
3.7 Theories of punishment
5. Ownership, Possession and Property :
5.1 Possession : Definition, concept and importance
5.2 Kinds of possession, Essentials of possession : Corpus Possessiones and Animus
Possidendi
5.3 Ownership : Definition, concept, kinds of ownership
5.4 Distinction between ownership and possession, Kinds of property

Suggested Reading :
Bodenheimer Jurisprudence - The Philosophy and Method of Law (1996), Universal. Delhi.
Fitrgerald, (ed) Salmond on Jurisprudence, Tripathi, Bombay.
W. Friedrnann, Legal Theory, Universal, Delhi,
V. D. Mahajan, Jurisprudence and Legal Theory, Eastern, Lucknow M.D.A. Freeman (ed),
Lloyd’s Introduction to Jurisprudence, Sweet & Maxwell Paton G. W., Jurisprudence Oxford,
ELBS
H.L.A. Hart the concept of law, Oxford, ELBS
Roscoe pond introduction to the philosophy of Law, Universal Delhi
Dias, Jurisprudence, Adithya Books New Delhi.
Dhyani S.N. Jurisprudence A Study of Indian Legal Theory, Metropolitan, New Delhi.

59
 LL.B. Semester – IV
CORE COURSE 209 : FAMILY LAW - II
OBJECTIVE OF THE COURSE :

The course structure is designed mainly with flute objectives in view. One
is to provide adequate sociological perspectives so that the basic concepts relating, to
family are expounded in their social setting. The next objective is to give an overview of
some of the current problems arising out of the foundational inequalities writ large in the
various family concepts. The third objective 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. Such a restructuring would make the study of familial relations more
meaningful.

YLLABUS

1. JOINT FAMILY:

1.1 Mitakshara joint family

1.2 Mitakshara coparcenary –
1.2.1 formation and incidents
1.2.2 Property under Mitakshara law- separate property and
coparcener/property, Share of women in coparcenary property : Judicial
Approach
1.3 Dayabhaga coparacenary –
1.3.1 formation and incidents
1.3.2 Property under Dayabhaga law
1.4 Karta of the joint family - his position, powers privileges and obligations
1.5 Alienation of property - separate and coparcenary.
1.6 Partition and re-union.
1.7 Joint Hindu family as a social security institution and impact of
Hindu Gains of Learning Act and various tax laws on it.

60
2. INHERITANCE:
2.1 Hindus
2.1.1 Historical perspective of traditional Hindu Law as a background to the study
of the Hindu Succession Act., 1956
2.2.2 Succession to property of a Hindu male dying intestate under the
provisions of the Hindu Succession Act, 1956.
2.2.3 Devolution of interest in Mitakshara coparcenary with reference to the
provision.: of Hindu Succession Act, 1956
2.2.4 Succession to property of Hindu female dying intestate under the Hindu
Succession Act, 1956
2.2.5 Disqualification relating to succession, General rules of succession,
2.2 Muslims
2.2.1 General rules of succession and exclusion from succession.
2.2.2 Classification of heirs under Hanafi and Ithana Ashria school and their
share and distribution of property
2.3 Christians, Parsis and Jews
2.3.1 Heirs and theirs shares and distribution of property under Indian
Succession Act of 1925
2.3.2 Testamentary Succession under the Indian Succession Act : Rules for
distribution of property of Christians, Parsis and Jews
2.3.3 Distribution of property of Christians, Parsis and Jews dying intestate

3. Gifts :
3.1 Essentials of valid gift under different family laws :
3.2 kinds of Gift : Competency of donor and donee, Subject matter of gift, properties
which can be and cannot be the subject matter of gift, void gifts
3.3 Essentials of valid Hiba (Gift) under Muslim Law, kinds of Hiba, Sadquah, Marz-ul-
maut, Revocation of gift

4. Family Courts Act and Miscellaneous Provisions :

4.1 Family Courts : Concept, need, Law Commission Reports
4.2 Powers and jurisdiction of the Family Court
4.3 Issues to be decided by the Family Court, Qualifications of Family Court Judge
4.4 provisions regarding appearance of advocates in family courts Exemption from
court fees etc.
4.5 Provisions of Appeal under the Family Courts Act
4.6 Salient Features of the Protection against the Protection of Women from Domestic
Violence Act, 2005

Suggested Reading :
Paras Diwan, Family Law
Paras Diwan, Law of Instestate and Testamentary Succession (1PPS), Universal
Basu, N.D. Law of Succession, Universal
61
Kusem, Marriage and Divorce Law Manual, Universal
Machanda S.C. Law and Practice of Divorce in India, Universal
P.V. Kane, History of Dharmasastras Vol.2 Pt1 at 624-632
A. Kuppsuwami (e.d.) Mayne’s Hindu Law and Usage Ch.4
B. Sivaramayys, lnequalities and the Law
K. C. Daiya, “Population control through family planning n India,” Indian Journal of
Legal Studies,
J.D.M. Derrett, Hindu Law past and present
J.D.M. Derrett, Death of marriage Law
A.A.A Fyzee outline of Muhammadan Law
Alladi Kappuswami (ed) Mayne’s Hindu Law and Used J.D.M. Derret a Critique of
Modern Hindu Law
K. Panduranga Rao : Commentary on Family Courts Act, 1984 : EBC Publication
Bhagat Y. P., Kumar Keshav : Commentary on Family Courts Act, 1984 : Vinod Publications (P)
Ltd. 2nd Edition, 2023

62
 LL.B. Semester – IV

CORE COURSE 210 INTERPRETATION OF STATUTES &

PRINCIPLES OF LEGISLATION

OBJECTIVES OF THE COURSE :

Legislation is the major source of law of the modem era Legislatures enact laws
after much deliberation, No doubt in this process they have to take into account the
present and future needs of the people. What. are the matters to be reckoned with by
legislature while enacting laws? With the emergence of legislation, interpretation of
statutes became a method by which judiciary explores the intention behind the statues.
Judicial interpretation involves construction of words, phrases and expressions. In their
attempt to make the old and existing statutes contextually relevant, courts used to develop
certain rules, doctrines and principles of interpretation. Judiciary plays a highly creative
role in this respect. What are the techniques adopted by courts in construing statutes?
How for are they successful in their strategy?

SYLLABUS

1. GENERAL AND RULES OF STATUTORY

INTERPRETATION :

1.1 Meaning of the term “Statute”.

1.2 Commencement, operation and repeal of statutes
1.3 Purpose and importance of Interpretation of Statutes
1.4 Meaning : ‘Interpretation’ and ‘construction’
1.5 Rules of Statutory Interpretation
1.5.1 Primary Rules

63
 1.5.2 Literal Rule
1.5.3 Golden Rule
1.5.4 Mischief Rule (Rule in Heydon’s Case)
1.5.5 Rule of Harmonious Construction
1.5.6 Secondary Rules :
Noscitur a sociis
Ejusdem generis
Reddendo singula singulis

2. AIDS TO INTERPRETATION:
2.1 Internal aids

2.1.1 Title, Preamble, Headings and marginal notes

2.1.2 Sections and sub-sections, Punctuation marks
2.1.3 Illustrations, exceptions, provisos and saving clauses
2.1.4 Schedules, Non-obstante clause
2.2 External aids

2.2.1 .Dictionaries
2.2.2 Translations
2.2.3 Travaux Preparatiores
2.2.4 Statutes in pari material
2.2.5 Contemporanea Exposito
2.2.6 Debates, inquiry commission report and Law Commission reports

3. PRESUMPTIONS IN STATUTORY INTERPRETATION:

3.1 Statutes are valid
3.2 Statutes are territorial in operation
3.3 Presumption as to jurisdiction
3.4 Presumption against what is inconvenient or absurd
3.5 Presumption against intending injustice
3.6 Presumption against impairing obligations or permitting advantage from one’s
own wrong
3.7 Prospective operation of statutes
64
 4. INTERPRETATION WITH REFERENCE TO THE SUBJECT
MATTER & PURPOSE AND PRINCIPLES OF
CONSTITUTIONAL INTERPRETATION
4.1 Interpretation with reference to the subject matter & Purpose
4.1.1 Restrictive and beneficial construction
4.1.2 Taxing statutes
4.1.3 Penal states
4.1.4 Welfare legislation
4.2 Principles of Constitutional Interpretation :
4.2.1 Harmonious construction
4.2.2 Doctrine of pith and substance
4.2.3 Colorable legislation
4.2.4 Doctrine of repugnancy
4.2.5 Prospective Overruling
4.2.6 Doctrine of Eclips

Suggested Reading :

G.P. Singh, Principles of Statutory Interpretation, Wadhwa, Nagpur.

P. St. Langan (Ed), Maxwell on The Interpretation of Statutes, N.M. Tripathi, Bombay.

K. Shanmukham, N.S. Binclras’ Interpretation of Statutes, The Law Book Co. Allahabad.
V. Sarathi, Interpretation of Statutes, Eastern, Lucknow.
M.P. Jam, Constitutional Law of India, Wadhawa & Co
M.P. Singh (Ed), V.N. Shukla’s Constitution of India, Eastern, Lucknow.
U. Baxi, Introduction to Justice K.K. Mathew’s Democracy Equality and Freedom
Eastern, Lucknow.

65
 LL.B. Semester – IV

CORE COURSE 211 LABOUR & INDUSTRIAL LAW - II

SYLLABUS :

1. Payment of Wages Act and Payment of Bonus Act :

1.1 Payment of Wages Act
1.1.1 Application and concept of Wages
1.1.2 Important Definitions : Wages, Workman etc.
1.1.3 Liabilities of employer for payment of wages
1.1.4 Authorised and Unauthorized Deductions
1.1.5 Remedies against unauthorized deductions (u/s. 15)
1.2 Payment of Bonus Act :
1.2.1 Application and concept of Bonus
1.2.2 Important Definitions : Bonus, Employees, continuous Services
1.2.3 Calculation of Bonus : Available surplus and allocable surplus
1.2.4 Provisions for new establishments relating to calculation of Bonus,
Calculation of Bonus : Available surplus and allocable surplus
1.2.5 Minimum Bonus & Maximum Bonus, Qualifications & Disqualifications
for Bonus, Recovery of Bonus

2. Factories Act, 1948 :

2.1 Application of the Act, Important Definitions : Factory, Worker, Manufacturing

Process
2.1.1 Provisions relating to adolescent and women
2.1.2 Provisions relating to working hours to adult workers, women and
adolescent
2.2 Provisions relating to Health of Workers
2.3 Provisions relating to safety and Welfare of Workers

66
 2.4 Special provisions relating to Hazardous Process (Chapter IV-A) & provisions
relating to Leave with Wages
2.5 Authorities under the Factories Act

3. Employees’ State Insurance Act :

3.1 Application and coverage of the Act
3.2 Important Definitions : Workmen, Benefit Period, Contribution Period, Wages,
employer
3.3 Benefits available to the Employees under the Act

4. Payment of Gratuity Act and Maternity Benefits Act :

4.1. Payment of Gratuity Act :

4.1 Application and coverage of Act

4.1.2 Important Definitions : Wages, employee, continuous services
4.1.3 Qualifications and disqualifications of Gratuity
4.1.4 Formula for calculation of Gratuity and related Judicial Pronouncements
4.1.5 Recovery of Gratuity and authorities under the Act
4.2 Maternity Benefits Act : Object, Reasons and Salient Features.

Suggested Reading :

John Bowers and Simon Honeyball, Tex Book on Labour Law, Blackstone, London.
Srivastava K. D. Commentaries on payment of Wages Act, 1936 Eastern, Lucknow.
Srivastava K. D. Commentaries on Minimum Wages Act, 1948, Easteron, Lucknow.
Rao S. B. Law and Practice on Minimum Wage, Law Publishing House, Allahabad.
Sheth D. D. Commentaries on industrial Disputes Act, 1947, Law Publishing House,
Allahabad.
Srivastava K. D. Disciplinary Action against Industrial Employees and its Remedies,
Eastern, Lucknow.
Srivastava K. D. Commentaries on Factories Act, 1948, Eastern, Lucknow.
R. C. Saxena, Labour Problems and Social Welfare
V. V. Giri, Labour Problems in Indian Industry Chs. 1 and 15
Indian Law Institute, Labour Law and Labour Relation, Cochin University law Review,
Vol. 6 app. 153-210
Report of the National Commissionon Labour Ch. 14-17, 22, 23, and 24
O. P. Malhotra, The Law of Industrial Dispute, Universal, Delhi.
S.C. Srivastava, Social Security and Labour Laws Pts. 5 and 6, Universal Delhi.
S.C. Srivastava, Commentary on the Factories Act, 1948, Universal , Delhi.

67
 LL.B. Semester – IV
ELECTIVE COURSE 212 HUMAN RIGHT LAW & PRACTICE

1. HUMAN RIGHTS : GENERAL

1.1 Theoretical Foundations of Human Rights :
1.1.1 Meaning, Basic Concept and Origin of Human Rights,
1.1.2 Sources and significance of Human Rights
1.1.3 Different definitions of Human Rights, First Official Use of the term ‘Human
Right’ at UN Meeting, Classification of Human Rights
1.1.4 Theories of Human Rights
1.2 Historical development of the concept of Human Rights :
1.2.1 Human rights in Indian tradition: ancient, medieval and modern.
1.2.2 Human rights in Western tradition
1.2.3 Concept of natural Law, Concept of natural rights
1.2.4 Human rights in legal tradition, international Law and National Law

2. UN and Human Rights:

2.1 International Documents relating to Human Rights

2.1.1 Universal Declaration of Human Rights (1948) : Individual and
group rights, its significance and limitations
2.1.2 International Covenant on Human Rights :
• International Covenant on Civil & Political Rights, 1966
• International Covenant on Economic, Social & Cultural Rights,
1966
2.1.3 I.L.O. and other Conventions and Protocols dealing with human
rights
2.1.4 Importance and binding effect of above documents on the member
countries of UN
2.2 Impact and implementation of international human rights norms in India :
2.2.1 Human rights norms reflected in fundamental rights under the
Constitution of India
2.2.2 Directive Principles legislative and administrative implementation
of international human rights norms.
2.2.3 Implementation of international human rights norms through
judicial process .

3. Human Rights under the Constitution and different Legislation in

India :
3.1 Provisions for enshrining human rights to Women and Children
3.2 Human Rights granted to Schedule Caste, Schedule Tribes and other socially
and economically backward communities
3.3 Human Rights of prisoners and arrestees
68
 3.4 Human Rights of victims and development of compensatory jurisprudence

4. . Enforcement of Human Rights and machinery thereof :

4.1 International Commission of Human Rights, Amnesty International

4.2 Role of Courts : the Supreme Court, High Courts and other courts : Relevant
Important decisions of the Supreme Court
4.3 Statutory commissions –
4.3.1 National Commission for Women
4.3.2 National Commission for Minority
4.3.3 National Commission for Schedule Castes and Schedule Tribes
4.4 . Protection of Human Rights Act, 1993 :
• Definition of Human Rights under the Act
• National Human Rights Commission
• State Human Rights Commission
• Human Right Courts
• Protection of Human Rights Act, 1993 : adequacy of the legislation

4.6 Role of various NGOs in the protection of Human Rights

Suggested Reading :
S. K. Avesti and R.P. Kataria, Law Relating Human Rights , Chh. IV, V, VIII, XIV
XXIX, and XXXIX Orient, New Delhi.
Human Rights Watch Women’s Rights Project. The Human Rights Watch Global Report
on Women’s Human Rights Oxford
Limacora, Nowak and Tretter, International Human Rights, Sweet & Maxwell
Wallace, Internationla Human Rights, Text & Materials, Sweet & Maxwell
Muntarbhom. The Statu of Refugees in Asia, Oxford
Human Rights and Global Diversity, Frank Cass, London
Nirmal C.J. (ed) Human Rights in India, Oxford
P.R. Gandhin, International Human Right Documents, Universal, Delhi.
K. C. Joshi : Internal Law & Human Rights, Eastern Book Company
Dr. Vijay Chitnis : Human Rights and the Law : National & Global Perspectives, Sno
White Publication Pvt. Ltd.
Khwaja Abdul Muntaquim : Protection of Human Rights : Law Publishers (India) Pvt.
Ltd.
Law Relating to Human Rights : Asia Law House
Dr. S. K. Kapoor : Human Rights under International Law and Indian Law : Central Law
Agency
Dr. Vijay S. Chitnis :Human Rights & Princes of Poverty : Snow White Publication Ltd.
Dr. N. Subramanya : Human Rights and Refugees : A.P.H. Publishing Corporation, New
Delhi
Mangari Rajender : The Protection of Human Rights Act and Relating Laws : Law Book
Agency

69
 LL.B. Semester – IV
FOUNDATION COURSE 213 F PRINCIPLES OF BANKING LAWS

OBJECTIVES OF COURSE :

The modern society functions, contrary to the old batter system, on monetary
transactions. In a developing country like India, the banking system takes off becomes
quite common even among the common people. The services banks render to the general
public do have a significant contribution to the development of the economy Pan passu,
the security to the assets money as well as other valuable belonging to individuals and
family units is to a large extent assured through the service of the bank. The variety of
assistance tended by the banks to the common people and business community cannot be
over emphasized in this context. The process of the working of the banks and the legal
control over them as well as the protection to the consumers of banking services are areas
which a student of law is necessarily familiar with.

SYLLABUS:

1. Origin and Development of Banking System :

1.1 Evolution of Banking Institutions, Origin of word ‘Bank’

1.2 Development of British Banking and Banking System in India
1.3 Types of Banks in India, Nationalized Banks, Co-operative Banks, Multi
functional Banks etc and their functions
1.4 Reserve Bank of India and its functions , Role of RBI as Central Bank

2. Constitutional Perspectives and Regulation of Banks & Banking

Business in India :

2.1 Constitutional Perspectives relating to Banking Laws : Entries : 36, 37, 38, 43, 44,
45, 46 of List – I of the Schedule VII, Entry 30 of List II of Schedule VII of the
Constitution of India
2.2 Bankers’ Books Evidence Act : Main provisions
2.3 Banking Ombudsman System : Settlement of Disputes and complaints relating to
Banking Services
2.4 Main provisions of Banking Regulation Act, 1949
2.4.1 Regulation of Banking Companies
2.4.2 Suspension and winding up of Banking Companies
70
 3. Recovery of Debt due to Banks & other Financial Institutions :

3.1 Recovery of Debt due to Banks and other Financial Institutions Act
3.1.1 Amount of Debt, who can initiate litigations ?
3.1.2 Procedure to recover Debt under the Act
3.1.3 Debt Recovery Tribunal : Constitution, Powers and Jurisdiction
3.1.4 Powers of the Recovery Officer
3.1.5 Provisions of Appeal

3.2 Securitization and Reconstruction of Financial Assets and Enforcement of

Security Interest (SARFAESI) Act, 2002
3.2.1 Objects and reasons of the act
3.2.2 Main provisions of the act
3.2.3 Issues covered under the act

Suggested Reading :
Tannan M. L. : Banking Law Practice in India : Vol. 1-4 Lexis Nexis 29th Edi.
Recovery of Debt. Due to Bankers and Financial Institutions Act, 1993 Asia Law House
Ltd.
Banking Regulation Act, 1949
Bankers’ Books Evidence Act, 1891
Reserve Bank of India Act, 1935
Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Interest (SARFAESI) Act
M.L. Tannen, Tennen’s Banking Law and Practice in India India Law House, New Delhi
S.N. Gupta, The Banking Law in Theory and Practice, Universal New Delhi
Securitization and Reconstruction of Financial Assets and Enforcement of Security
Interest (SARFAESI) Act, 2002

71
 LL.B. Semester – IV
SOFT SKILL COURSE 214 K LEGAL PRINCIPLES THROUGH
CASE STUDY

OBJECTIVES OF COURSE :

The main object of this course is to appraise the law students from various legal
principles established by the apex court and/or foreign courts to develop the learning,
understanding and writing skills. By reading the judgments taking into consideration the
legal principles laid down in the judgments, the law students are expected to develop
their skills of legal reasoning and applying the legal principles in practice and procedure.

1. Principle of Pro Bono Publico

Illustrative Case : Bandhua Mukti Morcha v. Union of India (AIR) 1984 SC 802)
2. Rule of Prospective Overruling :
Illustrative Case : Golak Nath v. State of Punjab (AIR 1967 SC 1642)
3. Basic Structure Theory
Illustrative Case : Kesavananda Bharti v. State of Kerala (AIR 1973 SC 1461)
4. Maintenance to Muslim Divorced Women & Tripal Talaq :
Mohd. Ahmed Khan v. Shah Banoo Begum (AIR 1985 SC 945)
Danial Litifi’s case (2002), Recent Judicial Approach on Triple Talaq
5. Uniform Civil Code
Sarla Mudgal President v. Union of India (AIR 1995 SC 153) and subsequent
cases on the similar issue
6. Guidelines of Prevention of Sexual Harassment to women at working place
Visakha v. State of Rajasthan (AIR 1997 SC 3011)
7. Principle of Absolute Liability
Sri Ram Food Gas Leakage Case
8. Medical Negligence and liabilities of Medical Practitioners :
Jecob Methew v. State of Punjab (AIR 2005 SC 3180)
9. Principle of Vicarious Liability :
State of Rajasthan v. Vidhyawati (AIR 1963 SC 1295)
72
10. Polluter Pays Principle and Public Trust Doctrine:
M. C. Mehta v. Kamal Nath (1997) 1 SCC 388
M. C.Mehta v. Union of India (1996)4 SCC 750
Council for Enviro Legal Action v. Union of India (1996)5 SCC 281
11. Principle of Sustainable Development and Precautionary Principle :
Vellore Citizens’ Welfare Forum v. Union of India ( 1996)5 SCC 647
12. Doctrine of Ultra Vires :
Ashbury’s Railway Company v. Riche
13. Doctrine of Indoor Management :
Royal British Bank v. Turquand
14. Principle of Lifting the Corporate veil :
Soloman v. Soloman’s case
15. The Right of the Majority Rule (Company Law) :
Foss v. Harbottle (1843) 67 ER 189
16. Principle of Contributory Negligence
Donogue v. Stevenson (1932) AC. 562
17. Reps Ipsa Loquitor :
Gulli v. Swan
Byrne v. Boadle (1863)2 HBE 722

18. Principle of Remoteness of Damages :

Scott v. Shephard 96 Eng. Rep. 525 (K.B. 1773)
Re Polimis v. Wagon Mound case [1961] AC 388 House of Lords
19. Death Sentence for Murder : Rarest of Rare Cases :
Bachchan Singh v. State of Punjab (AIR 1980 SC 898)
20. Contract with minors : Void ab initio
Case : Mohri Bibee v. Dharamdas Ghosh (1903) 30 IA 114
21. Maneka Gandhi v. Union of India
Due process of Law under Article 21 of the Constitution.
22. Dharm Dutta & Others vs. Union of India [ (2004) 1 SCC 712 ]
(No right to strike, but right to Collective Bargaining)
23. State of Gujarat v. Umedbhai M. Patel (AIR 2010 SC 1109)
(Principles laid down for Compulsory Retirement)
24. Rupan Deol Bajaj v. K. P. S. Gill (AIR 1996 SC 309)
73
 State of Hariyana v. Bhajan Lal (AIR 1992 SC 604)
Power of High Court to queash FIR, Criminal Complaints and pending Criminal
Proceedings u/s. 482 of the Cr.P.C.

Note : Each law college will be at liberty to teach the selected Legal Principles
from the above suggested List. However, while teaching above legal
principles, the colleges may take into consideration and discuss other
relevant and relied cases of the Apex Court or foreign courts.

Suggested Reading :
Pawha Rupin : Key Legal Principles, 2nd Edition Universal – Lexis Nexis 2024.
All Law Journals
Legal Software
Comments on the above cases

74
 THREE YEARS’ LL.B.
POGRAMME
Semester – V
(THIRD LL.B. –MONSOON SEMESTER)
PER WEEK SUBJECTS LECTURES OTHERS TOTAL CREDITS
(SEM)29
Marks

CORE Civil Procedure Code

COURSE 301 and Limitation Act 4 1 5 5 100

CORE Bharatiya Nagarik

4 1 5 5 100
COURSE 302 Suraksha Sanhita, 2023

CORE Bharatiya Shakhya

4 1 5 5 100
COURSE 303 Adhiniyam, 2023

ELECTIVE Public Interest

4 1 5 5 100
COURSE 304 E Lawyering

ELECTIVE Intellectual Property

4 1 5 5 100
COURSE 305 E Law

FOUNDATION Principles of Negotiable 100

306 F Instruments 1 1 2 2

SOFT SKILL Rehabilitation of

307 K Criminals & Juveniles 1 1 2 2
100
in Society & Law

75
 LL.B. Semester V
(Third LL.B. Monsoon Semester)

Law 301 : Civil Procedure Code &

Limitation Act
Objectives of the course :

Civil Procedure Code is a subject daily use by the courts and lawyers and
a student cannot afford to have scant knowledge of civil procedure when he goes out to
practise as a lawyer. True that it is through expenses one gets expert knowledge of civil
procedure. However, it is necessary to have good grounding in the subject before one
enters the profession. While the substantive law determines the rights of parties.
Procedural law sets down the norms for enforcement . Whenever civil rights of persons
are affected by action, judicial decisions will supply the omissions in the law.

The Code of Civil Procedure in India has a chequered history and lays down the
details of procedure for redressal of civil rights. Many questions may prop up when one
goes to indicate one's civil rights. The courts where the suit is to be filed, the essential
forms and procedure for institution of suit, the documents in support and against,
evidence taking and trial, dimensions of an interim order, the peculiar nature of the suits,
the complexities of executing a decree and provisions for appeal and revision are all
matters which a lawyer for any side is to be familiar with.

A delay in filing the suit, besides indicating the negligence of the plaintiff in
effectively agitating the matter on time, may place courts in a precarious situation. They
may not be in a position to appreciate the evidence correctly. Evidence might have been
obliterated. Hence the statute of Limitation fixes a period within which a case has to be
filed.
Weightage of Marks :

Civil Procedure Code : 80 Marks

Limitation Act : 20 Marks

Syllabus :

1. Introduction, Basic Principles and Jurisdiction of the Courts :

1.1 Concept, Plaint, Written Statement, Affidavit, Order, Judgment , Decree

1.2 Restitution, Execution, Decree-holder, Judgment-debter, Mesne Profits
1.3 Distinction between decree and judgment and between decree and order.
1.4 Kinds and Jurisdiction of Courts, Hierarchy of Courts :
1.4.1 Suits of Civil Nature : Scope and limits, Place of Suing, Institution
of Suit
76
 1.4.2 Parties to suit, Joinder, Non-Joinder and Mis-joinder of Parties,
Representative suit, Framing of Suit, Cause of Action,
1.4.3 Res Judicata and Res Sub-judice, Foreign Judgment & its
enforcement
1.4.4 Provisions relating to ADR : Settlement of the Disputes outside the
courts (Sec.89) – object, purpose, background and procedure
1.4.5 Issuance of Summons

2. Trial Procedure, Judgment, Suits in particular cases :

2.1 Appearance of parties, Ex-parte procedure, Effect of Death, Marriage &
Insolvency of Parties
2.2 Attendance of witnesses, Adjournments, Set off and Counter Claims,
Discovery, Inspection & Production of Documents
2.3 Trial procedure, Interim orders : Commission, arrest or attachment before
judgment, injection and appointment of receiver, Interest and costs
2.4 Suits in particular cases :
2.4.1 Suits by or against Government/Public Officers (Sec. 79-82)
2.4.2 Suits by aliens and by or against foreign rules or ambassadors (ss83-
87A)
2.4.2 Suits relating to Public nuisance ( ss 91-93)
2.4.3 Suits by or against firm
2.4.4 Suit by Indignant persons(O. 33), Suit of Mortgage
2.4.5. Interpleader suits
2.4.6 Suits relating to public charities
2.4.7 Summary Suits and other special suits
2.5 Execution : Concept, General Principles, Procedure & Powers Execution of
Decree (Sec.52-54)
2.6 Enforcement, arrest and Detention (Sec. 55-59), Attachment (Sec. 60-64),
Sale (Sec.65-97), Delivery of Property, Stay of Execution

3. Appeals, Review, Reference, Revision and Miscellaneous

3.1 Appeals : Concept and General Provisions
3.1.1 Appeals from original decree
3.1.2 Appeals from appellate decree
3.1.3 Appeals from orders
3.1.4 Appeal to the Supreme Court
3.1.5 First Appeal and Second Appeal
3.2 Review, Reference and Revision
3.3 Miscellaneous Provisions :
3.3.1 Transfer of cases
3.3.2 Restitution
3.3.3 Caveat
3.3.4 Inherent powers of courts
3.4 Law Reform : Law Commission on Civil Procedure Amendments

77
4. Limitation Act :
4.1 Concept and object of the Act
4.2 law assists only vigilant and not those who sleeps over his rights
4.3 Distinction with latches, acquiescence, Prescription
4.4 Extension and suspension of Limitation, Liability of Govt. Departments for
delay & Judicial pronouncements
4.5 Sufficient cause for not filling the proceedings :
4.5.1 Illness
4.5.2 Mistaken Legal Advise
4.5.3 Mistaken view of Law
4.5.4 Poverty , minority and Purdha Imprisonment
Defective Vakalatnama, Legal Liabilities
4.5.5 Foreign rule of limitation : contract entered into under a
foreign law, Acknowledgement - essential requisites
continuing tort and continuing breach of contract

Suggested Readings :

Mulla, Code of Civil Procedure , Universal, Delhi.

C.K. Thakker, Code of Civil Procedure, Universal, Delhi.
M.R. Mallick (ed), B.B. Mitra on Limitation Act, Eastern Lacknow.
Majumdar P.K. and Kataria R.P. Commentary on the Code of Civil Procedure, 1908,
Universal , Delhi .
Jain M.P., Code of Civil Procedure with Amendments, Wadhwa
Shah A.N. The code of civil procedure, Universal , Delhi.
Sarkar's Law of Civil Procedure, Vols, Universal, Delhi.
Sukumar Ray, Textbook on the Code of Civil Procedure, Universal Law Book Co.
Dr. Avtar Singh, Code of Civil Procedure, Central Law Publication
Universal's Code of Civil Procedure
Jain M P, The Code of Civil Procedure, Wadhwa Nagpur Publication
Avtar Singh, Code of Civil Procedure, Central Law Publication
Mathur D. N., The Code of Civil Proceudre, Central Law Publication
U. N. Mitra, Limitation and Prescription
AIR Commentaries on the Limitation Act
S. R. Myneni, Law of Limitation, Asia Law House, Hyderabad

78
 LL.B. Semester V
(Third LL.B. Monsoon Semester)

Law 302 : Bharatiya Nagarik Suraksha Sanhita

The New legislation with title Bharatiya Nagarik Suraksha Adhiniyam 2023 is
introduced by the Government by replacing old legislation – Criminal Procedure Code.
However the students are expected to go through the provisions of Criminal
Procedure Code for the purpose of searching decided cases of the Apex Court. The
new legislation BNSS not only deals with the procedure to try criminal cases, appeals,
revision as well as powers and functions of the police and criminal courts, it also
ensures protection to the citizens of India. The students are expected to learn New
Legislation by having comparative study of new and old legislation in the syllabus.

1. Object and reasons of BNSS, Constitution and powers of Criminal Courts

and Police Officers & Provisions relating to Maintenance of Wives, Children
& Parents :
1.1 Object, reasons and salient features of the BNSS, Definitions : Bailable and
Non-bailable offences, Cognizable and Non-cognizable offences,
Investigation, Comparative study : BNSS and Cr.PC provisions, Newly added
provisions of BNSS.
1.2 Constitution, Classes of Criminal Courts, Powers of superior officers of
police, Public Prosecutor, Asst. Public Prosecutor, Provisions relating to
arrest of persons, Service of Summons, Warrant of Arrest, Proclamation and
attachment provisions, search warrant
1.3 Provisions relating to attachment and forfeiture of property, Search and
seizure of Property, Recording of search and seizure through audio-video
electronic means Attachment, forefeiture or restoration of peroperty,
attachment of property of Proclaimed offender, Security for keeping peace
and good behavior,
1.4 Order for maintenance of Wives, Children and Parents
1.4.1 Order for maintenance of Wives, Children and Parents and procedure
thereof
1.4.2 Alteration in allowance, enforcement of order of maintenance
1.4.3 Judicial Pronouncements

2. Maintenance of Public Order & Tranquility, Investigation, Inquiry and

Jurisdiction of the Criminal Courts and Trial Procedures in Criminal Cases :
2.1 Maintenance of Public Order & Tranquility, Public Nuisance and procedures
for its removal, Power of Magistrate to take action against public nuisance
2.2 Preventive action of the police, Persons bound to conform to lawful directions
of police, Information to Police (FIR), Criminal Complaint, Power of Police
to make investigation, procedure for Investigation, Visit of Forensic Experts
on crime scene to collect forensic evidence in certain cases, filing of report,
Charge-sheet

79
 2.3 Jurisdiction of Criminal Courts in Inquiries and trials, conditions requisite for
initiation of Proceedings, complaint to magistrates and commencement of
proceedings before Magistrate
2.4 Charge :
2.4.1 Provisions relating to framing of Charge
2.4.2 Addition of Charge/s
2.4.3 Alteration of Charge
2.4.4 Separate charges for distinct offences, Joinder of Charge
2.4.5 Power of courts in Plea Bargaining
2.5 Attendance of persons confined or detained in prisons
2.6 Evidence in inquiries and trial

3 . Trial Procedure in Criminal Cases & its General Provisions :

3.1 Criminal Trials :

3.1.1 Trial before the Court of Session
3.1.2 Warrant Trial Cases by Magistrates – procedure
3.1.3 Summons Trial Cases by Magistrates – Procedure
3.1.4 Summary Trials
3.1.5 Distinction : Discharge, Acquittal and Conviction
3.2 Plea Bargaining : concept, procedure, importance
3.3 General Provisions relating to Inquiries and Trials :
3.3.1 Person once convicted/acquitted, not to be tried for same offence
3.3.2 Public Prosecutors, Legal Aid to accused, Tender of Pardon to
accomplice, Compounding of Offences and other provisions
3.4 Attendance of persons confined/detained in prisons, Evidences of Public
Servants, Experts, Police officers in certain cases : Evidence not disputed,
Evidence through electronic means
3.5 Evidence in Inquiries and Trials, general Provisions as to inquiries and trials,
Inquiry, trial and judgment in absentia of proclaimed offender.
3.6 Provisions as to accused persons of unsound mind, Provisions as to offences
affecting administration of Justice,
3.7 Provisions relating to judgment, Victim Compensation Scheme, Witness
Protection Scheme
3.8 Submission of Death Sentence for confirmation

4 Appeals, Reference, Revision, Transfer of cases, Provisions relating to Bail and

Bonds and Miscellaneous provisions

4.1 Appeal : Concept – creation of statute – cannot be filed as a matter of right

4.1.1 Kinds of Appeal :
4.1.1.1 Against conviction
4.1.1.2 For enhancement of sentence
4.1.1.3 Against acquittal order : By Public Prosecutor & by private
person
4.1.1.4 For compensation to victims
4.1.2 When appeal is not permissible
4.1.3 Special Right to prefer appeal (Appeal in non-appealable cases)
4.1.4 Powers of the Appellate Court, Procedure to prefer appeal
80
 4.2 Revision : Scope and purpose
4.2.1 When permissible ?
4.2.2 Revisional Courts & their Powers
4.3 Reference : purpose and significance, Distinction between Appeal, Revision
and Reference
4.4 Execution, Suspension, Remission and Commutation of Sentences
4.4.1 Mercy petition in death sentence cases, Provisions relating to
Death sentence, Imprisonment and Lei of fine
4.4.2 General provision regarding execution
4.4.3 Suspension, remission and commutation of sentences

4.5 Provisions relating to Bail and Bonds,

4.5.1 Bail in Bailable and Non-bailable Offences & related provisions,
Judicial pronouncements
4.5.2 Cancellation of bail, relevant provisions relating to bond, bail
bond, custody, Discharge of surities etc.
4.5.3 Anticipatory Bail : Concept, powers, jurisdiction, Judicial
approach
4.5.4 Provisions relating to disposal of Property, Irregular Proceedings,
Limitation for taking cognizance of certain offences

4.6 Miscellaneous :
4.6.1 Trial before High Courts, Rule making powers of High Court,
other powers of High Court
4.6.2 Inherent Powers of High Courts
4.6.2.1 Powers to quash FIR, Criminal Complaints and Criminal
Proceedings
4.6.2.2 Judicial approach and guidelines given by the Apex Court
while exercising quashing powers by High Courts
4.6.3 Trials and proceedings to be held in electronic mode
4.6.4 Provisions relating to repeal and savings

Suggested Readings :

Taxmann’s Bare Act : Bharatiya Nagarik Suraksha Sanhita, 2023, 2024 Edition.

Books of Criminal Procedure Code For Comparative Studies :

Chandrasekharan Pillai (Ed), Kelkar Lectures on Criminal Procedure, Eastern, Lucknow.

Principles, Commentaries on the Code of Criminal Procedure, 2 Vol., Universal
Woodroffe : Commentaries on Code of Criminal Procedure, 2 Vol, Universal
Chandrasekharan Pillai (Ed) , Kalkar's Outlines of Criminal Procedure, Eastern,
Lacknow.
AIR’s Criminal Major Act, AIR, Nagpur
R.V. Kelkar, Criminal Procedure, Eastern Book Co.
C. K. Thakkar, Criminal Procedure Code, Eastern Book Co.
S. N. Mishra, Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice (Care & Protection of Children) Act, 2000, Central Law Publication
D. A. Sen, Criminal Major Act, Bharat Publication
81
 LL.B. Semester V
(Third LL.B. Monsoon Semester)

Law 303 : Bharatiya Sakshya Adhiniyam

Objectives of the course :

Bharatiya Sakshya Adhiniyam is made applicable from July 1, 2024 by replacing

Evidence Act. The students in the present course are expected not only to study the
provisions of Bharatiya Sakshya Adhiniyam, 2023 but also to have comparative study of
old Evidence Act and newly implemented legislations. The new legislation has given
boost in expediting cases by giving importance to technology as well as bypassing
procedural technicalities. Students are expected to study the objects and reasons for
deleting certain provisions of the Evidence Act.

1. Introduction, Definitions and Relevancy of Facts :

1.1 Aims, objects and Reasons of the Bharatiy Sakshya Adhiniyam and its
applicability, Comparative Study of Bharatiya Sakshya Adhiniyam and
Evidence Act. The admissibility of Electronic Information as well as
electronic and digital record as evidence, applicability of BSA. Other
newlyinserted provisions of BSA
1.2 Definitions : ‘Proved’, ‘Disproved’ and ‘Not Proved’, ‘May Presume’ and
‘Shall Presume’, ‘Conclusive Proof’, electronic and digital records, etc.
1.3 Relevancy of Facts, Facts in Issue, Distinction between them
1.3.1 Facts necessary to explain/introduce relevant facts
1.3.2 When Facts not otherwise relevant become relevant
1.4 Admission : definition,
1.4.1 Admission by different persons,
1.4.2 Oral admission, relevant provisions
1.5 Confession : Definition, Distinction between Admission and Confession
1.5.1 Confession made before different persons/authorities and its
relevancy and evidential importance, relevant provisions
1.6 Distinction between Oral and Documentary Evidence
1.7 Statement by persons who cannot be called as witnesses

82
 1.8 Statements made under special circumstances
1.9 Judgments of courts of justice, when relevant
1.10 Opinion of third persons : Its relevancy :
1.10.1 Opinion of Experts
1.10.2 Opinion as to handwriting experts
1.10.3 Opinion as to digital signature other relevant provisions as to
expert opinion
1.10.4 Relevancy of opinion as to character

2. Types of Evidence :
2.1 Judicial Notice
2.2 Oral Evidence : General Provisions
2.3 Documentary Evidence : General Provisions
2.3.1 Primary and Secondary Evidence and its related provisions
2.3.2 Special provisions as to evidence relating to electronic record and
its Admissibility, proof as to digital Signature & its Verification
2.3.3 Public documents and private documents
2.4 Presumptions of documents, maps etc., Presumption as to Gazettes in
electronic or Digital record, Presumption as to Electronic Record and
Electronic Signatures
2.5 Statement by persons who cannot be called as witnesses
2.6 Presumption in case of Dowry Death and cases involving violation of
women’s rights

3. Dying Declaration, Stages of Examination of Witnesses :

3.1 Dying Declaration : Definition, Principle for relying upon Dying Declaration
3.1.1 Evidential Value of Dying Declaration
3.1.2 Essentials for recording Dying Declaration
3.1.3 Judicial Approach for appreciation of the contents of Dying
Declaration
3.2 Stages of Examination of Witnesses :
3.2.1 Examination in Chief
3.2.2 Cross Examination :
• Essentials
• Art of Cross Examination
3.2.3 Re-examination
3.3 General Principles of examination and cross examination
3.4 Lawful questions in cross – examination
3.5 Leading questions

83
 3.6 Hostile witness, Impeaching of the standing or credit of witness
4. Burden of Proof and Estoppel :
4.1 Burden of Proof : Meaning
4.1.1 The general conception of onus probandi
4.1.2 General and special exceptions to onus probandi
4.2 The Justification of presumption and of the doctrine of judicial notice
4.3 Justification as to presumptions as to certain offences
4.3.1 Presumption as to abetment of suicide by a married woman (Sec.
117 BSA) and dowry death (Section 118 BSA)
4.3.2 Presumption as to absence of consent in certain prosecution for
rape (Sec. 120 BSA)
4.4 The Scope of the doctrine of judicial notice (Section 119)
4.5 Estoppel : Meaning, importance
4.5.1 Distinction : Estoppel, res judicata, Waiver and presumption
4.5.2 Kinds of Estoppel :
• Estoppel by deed
• Estoppel by conduct
• Equitable and Promissory Estoppel
• Tenancy Estoppel

4.6 Questions of corroboration (Section 159-160 BSA)

Suggested Readings :

Bare Act : Bharatiya Sakshya Adhiniyam, 2023

Books of Evidence Act For Comparative Studies :

Sarkar and manohar , Sarkar and Evidence, Wadha & Co. Nagpur
Sir John Wood Roffe & Syed S. Amir Ali’s Law of Evidence Vol. 1-4
Indian Evidence Act, (Amendment up to date)
Rattan Lal & Dhiraj Lal Law of Evidence, LexisNexis – Butterworths Wadhwa,
Nagpur
Pole in Murphy, Evidence) Universal Delhi.
Albert S. Osborn, The Problem of Proof, Universal Publication, Delhi.
Avtar Singh, Principles of the Law of Evidence, Central Law Agency, New Delhi
Batuk Lal, The Law of Evidence, Central Law Agency

Note : For comparative study and for the purpose of perusal of Judgments of the
Apex Court, the students are expected to search through sections of the Evidence
Act.

84
 LL.B. Semester V
(Third LL.B. Monsoon Semester)

Law 304 E : Public Interest Lawyering

Objectives of the course :
The entire paper is designed taking into consideration the development, growth,
popularity and importance of Public Interest Litigation in the country. It is
expected from the law students to thoroughly digest necessary principles, rules,
cases and relevant Constitutional provisions before initiating Public Interest
Litigation. The object of the PIL is to secure and protect the fundamental rights of
people at large, more particularly the rights of poor, illiterate and ignorant people.
The study of relevant constitutional provisions is also must. In this course
students will also study the concept of PIL by observing the trend of Judicial
Activism of the Courts as well as landmark decisions of the courts in important
areas like Human Rights, Environment Protection, Protection of Rights of
Women, prevention of Misuse of Powers by Public Officials etc. Students are
expected to study and prepare themselves by studying Hypothetical problems
also. The new entrant to the Bar must know that the Public Interest Litigation is
not for gaining cheap popularity or taking revenge or for obtaining personal
benefit. The course is designed for imparting theoretical as well as practical
knowledge of Public Interest Litigation.

Syllabus :

1. Public Interest Lawyering

1.1 Historical Background of PIL, Concept and Meaning,
1.2 Origin of PIL in other countries and in India
1.3 Development & Scope of PIL in India
1.4 When PILs can be filed and when cannot be filed ?
1.5 PIL – As a silent Revolution
1.6 PIL – Relaxation of the Principle of Locus Standi

2. Powers of the Courts to entertain Public Interest Litigation :

2.1 Jurisdiction of the Courts to hear PILs :

2.1.1 Relevant Constitutional Provisions : PIL – part of Writ Jurisdiction
2.1.2 Powers of High Courts under Article 226 of the Constitution
2.1.3 Supreme Court Powers under Article 32 and Article 142 of the
Constitution
2.2 The High Court of Gujarat [Practice and Procedure for Public Interest
Litigation] Rules, 2010 and proforma for filing PIL before the High Court
of Gujarat
85
 2.3 Powers of Courts to award compensation in PILs
2.4 Precautions necessary for a lawyer before filing PILs

3. Advantages, Disadvantages and Limitations of PILs :

3.1 Advantages of PIL :
3.1.1 PIL : Blessings for poor and illiterate persons
3.1.2 PIL : protecting Human Rights of Prisoners (Including Article 21),
persons in police custody
3.1.3 PIL : An effective tool for protection of Environment
3.1.4 PIL : Necessary to prevent politicians / Executives from
exercising arbitrary powers
3.1.5 PIL : Necessary to issue guidelines in the event of lacuna of law in
any situation (Article 142)
3.1.6 PIL : Necessary for Protecting Women’s Rights and safety
3.1.7 PIL : Necessary for maintaining independence and impartiality of
Judiciary
3.1.8 Other advantages of PIL

3.2 Disadvantages of PILs :

3.2.1 PIL : Breach of doctrine of Separation of Powers
3.2.2 PIL : Responsible for Judicial over-activism
3.2.3 Often difficult for the Executives to obey orders due to financial
constraints, shortage of time or for other reasons

3.3 Limitations of PILs :

3.3.1 Every wrong cannot be rectified through PIL
3.3.2 Impossible to curtail the misuse of PIL by the Courts
3.3.3 Consumption of time during litigation
3.3.4 Problems of implementation of orders through administrative
agencies and practical difficulties to implement the orders

4. Judicial Pronouncements and Hypothetical Problems related to PILs :

4.1 Important Judicial Pronouncements of the Supreme Court in various areas
like Human Rights, Environment, Protection of FRs of people at large,
Compensation to victims etc. (Latest important cases may be taken into
consideration)
4.2 For laying down important Principles like : Polluter Pays Principle, Public
Trust Doctrine, Precautionary Principle, Principle of Absolute Liability,
Principle of Sustainable Development etc.
4.3 Problems of PILs based on Hypothetical Facts

Suggested Readings :

Kailas Rai : Public Interest Lawyering

Dr. B. L. Wadehra, Public Interest Litigation, Universal Law Book Publication
V. N. Shukla, Constitutional Law of India , Eastern Book Company
M. P. Jain, Constitutional Law of India , Eastern Book Co.
Pandey J. N., Constitution of India,
86
M. P. Jain, Constitutional History of India
Dr. N. V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats &
Para-Legal Services, Central Law Agency
Dr. S. S. Sharma, Legal Services, Public Interest Litigation and Para-legal Services,
Central Law Agency
S. Bava, Public Interest Litigation, Allahabad Law Agency
O. P. Tewari, Public Interest Litigations, Allahabad Law Agency
Mamta Rao, Public Interest Litigation (Legal Aid and Lok Adalats), Eastern Book
Company
Dr. S. R. Myneni, Public Interest Lawyering, Legal Aid and Para Legal Services, Asia
Law House
G. B. Reddy, Judicial Activism in India : Gogiya Law Agency, Hyderabad
Public Interest Litigation : P. S. Narayana : Asia Law House
Reputed Law Journals and Legal Software for perusal of Latest Cases on PIL
www.gujarathighcourt.nic.in (for Gujarat High Court PIL Rules, 2010)

87
 LL.B. Semester - V
(Third LL.B. Monsoon Semester)

Law 305 E : Intellectual Property Law

OBJECTIVES OF THE COURSE :

The importance of this Branch of their law is to be sufficiently realized in the

Indian Legal Education. Compendious courses on the law of copyright,
trademarks and patents are offered in few law schools as optional courses, but
these do not either integrate the significance of these subject matters under any
comprehensive aspect of "modernization " or " development " nor do they spread
even emphasis between and among the subject area s represented by these three
interconnected bodies of the law.

The three areas are now internationally conceptualized as representing

intellectual property. It is often the case that while the law of patents and
trademarks is referred to as industrial property, the law relating to copyright is
named intellectual property. While both these terms could be suitably invoked, we
here speak of intellectual property as signifying all the three bodies of the law as
well as the law on industrial designs.

Unlike other forms of property, intellectual property refers to regimes of

legal recognition of primarily the products of the mind or imagination. The
subject matter of property related rights is here pre-eminently based on mental
labour the law relating to intellectual property protects the right to mental labour.

The law confers right of proprietary nature on relative intellectual labour

primarily on the basis that it is in the interest of society and state to promote
creativeness and inventiveness. Limited monopoly provides incentive for greater
inventive and innovative efforts in society. An important aspect of the exploration
in this course would be the ways in which the laws strike a fair balance between
the interests and rights of the intellectual labourers on the one hand and organized
industrial enterprises on the other Another dimension in a study of the ways in
which this regime of laws militates against or favours, community property in
national cultures.

As concerns "modernization” crucial questions arise in the field of

copyright protection in computer software and hardware, interest electronic music
and scientific research. Both copyright , trademarks , design and patent law here
relate basically to the law of unfair competition and constitute an aspect of
consumer protection and welfare not only in the context of national perspectives
but also in view of the waves of globalization already set in. Both from the
standpoint of human resources development, modernization and justice it is
important that the curricular change takes serious notice of these areas.

88
Syllabus :
1. Introductory :
1.1 The meaning of intellectual property
1.2 Competing rationales of the legal regimes for the protection of intellectual
property
1.3 The main forms of intellectual property : copyright trademarks, tradename,
patents, designs, Traditional Knowledge etc.
1.4 Other new forms such as plant varieties and geographical Indians
Introductions to the leading international instruments concerning intellectual
property rights : The Berne Convention, Universal Copyright Convention,
Union TRIPS the World Intellectual Property Rights Organization (WIPO)
and the UNESCO.
1.5 The status and position of IPRs in India in context with the International
Regime
1.6 Amendments in various legislations relating to IPRs India including
legislations of Patent, Copyright and Trademark in India and effects thereof

2. Select Aspects of the Copyright Law in India :

2.1 Historical evolution of the law
2.2 Meaning of copyright,
2.3 Availability of Copyright protection :
2.2.1 Copyright in literary and Artistic work, dramatic and musical works
2.2.2 Copyright in sound records and cinematograph films
2.2.3 Copyright in computer programme, Internet and database
2.4 Author and Ownership of copyright, Term of copyright, authorities under the
Copyright Act and their powers, Registration of copyright, Copyright Society
and its powers, Appeal provisions
2.5 Rights conferred by copyright, Assignment, Transmission and relinquishment
of copyright, Provisions relating to licence
2.6 Infringement of Copyright : Criteria, various types of infringement
2.7 Acts not constituting infringement, Fair use provisions, Piracy in internet
2.8 International copyright
2.8 Remedies and Penalty provisions

3. Intellectual Property Rights in Trademarks and Design :

3.1 The rationale of protection of trademarks as (a) an aspect of commercial and
(b) of consumer rights, Definition and concept of trademarks in goods &
services
3.2 Registration, Distinction between trademark and property mark
The doctrine of honest current user, Doctrine of deceptive similarity
Protection of well-known marks
3.3 Passing off and infringement of trademarks : (Definitions, Concept and
Distinction)
3.4 Standards of proof in passing off action
89
 3.5 Remedies and Penalty provisions
3.6 Industrial Designs, Designs Act, 2000 : Authorities, Procedure for registration
of designs, Controller and Registrar : powers and duties, Assignment and
transmission of designs, Powers of the Central Government, Copyright on
registration of Industrial Designs : related provisions, Patents to designs,
Piracy of registered designs, Remedial aspects, Appeal provisions,

4. The Law of Intellectual Property : Patents :

4.1 Concept of patent, Essentials, Historical view of the patents law in India
4.2 Patentable inventions with special reference to biotechnology products
entailing creation of new forms of life including Amendments of the year
2005
4.3 Patent protection for computer programme and computer software
4.4 Process of obtaining a patent :
4.4.1 Application and Examination : Procedure, Essentials for obtaining
patent : Elements of Novelty, Non-obviousness
4.4.2 Opposition and sealing of patent : general introduction, Grounds for
opposition
4.4.3 . The problem of limited locus standi to oppose, especially in relation
inventions having potential of ecological and mass disasters
4.5 Patent Co-operation treaty : Object, reasons and important provisions
4.6 Wrong fully obtaining the invention : Prior Publication or anticipation,
Obviousness and the lack of inventive step, Insufficient description
4.7 Rights and obligations of a Patentee :
4.7.1 Patents as chose in action
4.7.2 Duration of patents law and policy considerations, Use and exercise
rights,
Right to secrecy
4.7.3 The notion of "abuse" of patent rights, Compulsory licenses,
Special Categories, Employee Invention Law and Policy
Consideration

4.8 International Patents, Transfer of Technology, Know-How and problems of

self reliant development.
4.9 Infringement, Criteria of infringement, Onus of Proof in India, Modes of
infringement, Doctrine of Colorable Variation
4.10 Remedies in case of Infringement : Injunctions and related remedies,
Defense in suits of infringement
4.11 Penal Provisions

Suggested Readings :
Cornish W.R., Intectual Property, Patents, Trade Marks, Copy Rights and Allied Rights,
Asia Law House, Hyderabad.
Vikas Vashishth, Law and Practice of Intellectual Property, Bharat Law House, Delhi.
P. Narayanan, Intellectual Property Law, Eastern Law House, Calcutta.
Dr. B. L. Wadehra, Law relating to Intellectual Property, Universal Law Publishing Co.
90
Chakravarty’s Intellectual Property Law, Ashoka Law House, New Delhi
Bibeck Debroy (ed) , Intellectual Property Rights Rajiv Gandhi Foundation , Delhi.
E.I.F. Anderfelt, International Patent Legislation and Developing Countries
W.R. Cornish. Intellectual Property, Sweet and Maxwell.
Mata Din, Law of Passing off and Infringement Action of Trade Marks
P.S. Sengal and Kishore Singh, Indian Patent System and Paris Convention : Legal
Perspectives
K. Thairani, Copyright The Indian Experience
W.R. Cornish, Para and Materials on Intellectual Property, Sweet & Maxwell.
N. K. Acharya, Textbook on Intellectual Property Rights, Asia Law House
Dr. S. R. Myneni, Law of Intellectual Property, Asia Law House
Justice P. S. Narayana’s Intellectual Property in India, Gogia Law Agency
Manish Arora, Guide to Trademarks Law, Universal Law Book Co.
Iyengar’s The Trademarks Act, Universal Law Book Co.
Pr. Ashwani Kr. Bansal, The Designs Law, Universal Book Co.
Dr. B. L. Wadehra, Law Relating to Patent, Trademarks, Copyright, Designs &
Geographical Indication, Universal Law Publishing Co.
Patent Co-operation Treaty

91
 LL.B. Semester - V
(Third LL.B. Monsoon Semester)

Law 306 F : Principles of Negotiable

Instruments
OBJECTIVES OF THE COURSE :

In a fast growing society, no business transaction is possible in absence of any Negotiable

Instrument. It has now become very essential, not only for the law students but even for a
common man to know the provisions relating to transaction of the Negotiable Instruments
like Promissory Notes, Bills of Exchange and Cheques. It is very important to know all
the rights conferred to the payee and remedies available to him to recover the debts from
the debtor under the Act. Being innocent and bonafide payee of any instrument, one can
claim all the rights available over any Negotiable Instrument and claim the amount
mentioned therein. The provisions relating to Electronic Cheque is also required to be
studied along with the basic concept and types of the Negotiable Instruments under the
Act. There is a drastic change in the provisions relating to dishonour of cheque and its
remedies available to the creditor under the Negotiable Instruments Act, 1881. In the year
2002, there are significant amendments made in Chapter XVII of the Negotiable
Instruments Act, 1881 in order to effectively protect the right of the Payee of a cheque.
The Burden of Proof is upon the drawer of the cheque in the criminal prosecution. Mens
rea is not considered at all. The entire chapter is to be studied taking into consideration
all subsequent amendments of the Act as well as various important decisions of the
Supreme Court on the different issues arising out of civil and criminal litigations relating
to dishonour of cheque.

Syllabus :

1. Introduction :
1.1 The Negotiable Instruments Act, 1881 : Object and Reasons
1.2 Types of Negotiable Instruments
92
 1.3 Negotiable Instruments covered under the Act : Promissory Notes, Bills of
Exchange and Cheques including Electronic Cheque, Validity period of
cheque (3 months by RBI amendment)
1.4 Definition and Characteristics of the Negotiable Instruments
1.5 Presumptions relating to Negotiable Instruments
1.6 Drawer, Drawee and Payee : Definition, Rights and duties
1.7 Honder and Holder in due course : advantages, rights and powers
1.8 Distinction between Holder and Holder in due course

2. Various terms and phenomenon under the Act :

2.1 Ambiguous Instrument, Inchoate Stamped Instrument
2.2 Drawee in case of need
2.3 Acceptance for honour, Payment for honour
2.4 Notice of Dishonour, liabilities of Drawee and Drawer
2.5 Maturity of Negotiable Instrument and Days of Grace
2.6 Endorsement : Types and advantages
2.7 Crossing of Cheque : kinds of crossing, advantages of crossing
2.8 Negotiation of Instrument, Negotiation Back
2.9 Noting and Protest

3. Special provisions relating to Dishonour of Cheque and its

remedies :
(Section 138 to 147 of the Negotiable Instruments Act, 1881 with all amendments
from the year 2002 to 2023 further amendments if carried out in future)

3.1 Remedy to initiate criminal proceedings in case of dishonour of Cheque

3.2 Absolute Liability of Drawer of Cheque in case of its dishonour, absence of
Mens rea no defence at all (Sec.139), Object and reasons of inserting chapter
XVII under the Act
3.3 Modes of Dishonour of Cheque : Stop Payment, Funds not arranged for,
Account Closed, Referred to the Drawer, Insufficient Funds, Post Dated
Cheque etc. – its consequences
93
 3.4 Essentials for criminal proceedings in case of dishonour of cheque :
3.4.1 Cheque must be written pursuant to Legal Debt
3.4.2 Notice of dishonour within prescribed time
3.4.3 Cheque : can be deposited in bank more than once within its validity
period before initiating criminal proceedings
3.4.4 Filing of criminal complaint : formalities, Forum of Criminal court,
time limit, jurisdiction of criminal courts
3.5 Penal Provisions under the Act in case of dishonour of cheque
3.6 Dishonour of cheque by a company or a firm : consequences, joint and several
liabilities, Discharge from liability in case of Ex-officio Directors of
Government Companies
3.7 Offence committed against a company or firm, persons competent to file
criminal complaints, prior formalities
3.8 Delay in filing of criminal complaint u/s 138 of the Act : consequences
3.9 Compounding of offences under the Act : Powers of the Magistrate
3.10 Defences available to the Drawer of the Cheque

3.11 Important decisions of the Supreme Court

Suggested Readings :
Avtar Singh, Negotiable Instruments Act, 1881 : Eastern Book Company
Bhashyam & Adiga, Negotiable Instruments Act, 1881, Bharat Law House, Delhi
Tannan’s Banking Law & Practice in India, India Law House
Avtar Singh, Law of Banking & Negotiable Instruments, Central Law Publication
P. L. Malik, Negotiable Instruments Act, Eastern Book Company
Saharay, Negotiable Instruments Act with Special Emphasis on Dishonour of Cheques,
Central Book Agency, Kolkotta
R. K. Suri, Dishonour of Cheques (Prosecution & Penalties), ALT Publications,
Hyderabad
K. S. Gopala, Dishonour of Cheques (Law, Practice & Procedure), ALT Publications
P. S. Narayan, Law of Negotiable Instruments and Dishonour of Cheques, Asia Law
House
Khergauwala, Negotiable Instruments Act, Butterworths
S. N. Gupta, Dishonour of Cheques- Liability – Civil and Criminal, Universal Law Book
Co.
R. K. Bangia, Negotiable Instruments Act, Allahabad Law Agency
S. M. Chaturvedi, Negotiable Instruments Act, Central Law Agency
R. Swaroop, A Case Book on Dishonour of Cheques, Jain Book Depot.

94
 LL.B. Semester - V
(Third LL.B. Monsoon Semester)

Law 307 K : Rehabilitation of Criminals & Juveniles

in Society & Law
OBJECTIVES OF THE COURSE :

It is impossible to imagine any civilized society without crime and criminals. At the same
time we should not forget that the factor of punishment is necessary to maintain law and
order in the society. For every law student it becomes necessary to study the causes of
crime and socio-economic factors behind crime and different theories for causation of
crime as well as theories of punishment, kinds of punishment and significance thereof. In
the modern era, the object of rehabilitation of the criminals in the main stream is given
prime importance and accordingly the legislations are enacted taking into consideration
the rehabilitation criteria for the first offenders as well as juveniles. This has become the
dire need of the society. It is expected from the law students to thoroughly digest the
Constitutional as well as legislative aspects relating to criminal and juveniles and the
process of their reformation.

Syllabus :

1. Introduction :
1.1 Crime Causation :
1.1.1 “Man is not born as a criminal, but circumstances compels him to do
crime.”
1.1.2 Broken Home Theory, Neglected Juveniles’ involvement in crime
1.1.3 Various theories of causation of Crimes : Lombroso, Enrico Ferri, Taft
etc.
1.1.4 Differential Association Theory of Crime (Sutherland’s Theory)
1.2 Punishment :
1.2.1 Meaning, need and object
1.2.2 Different Theories of Punishment in civil Society
• Retributive Theory
• Deterrent Theory
• Preventive Theory
• Expiation Theory
95
 • Reformative Theory
1.2.3 World wide acceptance of Reformative Theory of Punishment in
civilized and cultural societies
• “Kill the crime, not the criminal.”
1.3 Kinds of Punishment :
1.3.1 Various kinds of punishments including Community Service
1.3.2 Punishments accepted under the Bhaatiya Nyay Sanhita

2. Constitutional and Legislative Majors towards rehabilitation of Criminals

on their good behavior :

2.1 Constitutional Provisions :

2.1.1 Powers of the President of India to tender the pardon the criminal
2.1.2 Powers of the Governor of State to tender the pardon to the criminal
2.1.3 Powers of the Supreme Court under Article 142 (Complete Justice)

2.2 Bharatiya Nagaraik Suraksa Adhiniyam, 2023 :

2.2.1 Chapter VIII : Security for Good Behaviour
2.2.2 Tender of pardon to accomplice (BNSS Sec 343-345)
2.2.3 Order to release on Probation of good conduct or after admonition

2.3 Bharatiya Nyay Sanhita, 2023

2.3.1 Commutation of Death Sentence and Life Imprisonment
2.4 Parole and Furlough to the prisoners : concept, facilities and rules
2.5 Probation of Offenders’ Act, 1958
2.5.1 Powers of the court
• To release certain offenders after admonition
• To release certain offenders on probation of good conduct
• To require released offenders to pay compensation and costs
2.5.2 Restriction on imprisonment of offenders under 21 years of age
2.5.3 Powers and duties of the probation officer

3. Legislative Protection and care for Juveniles :

3.1 Juvenile Justice (Care and Protection of Children) Act, 2015 (or any other
legislation substituted for the time being in force)
3.1.1 Object, reasons and salient features of the Act
3.1.2 Definitions : child in need of care and protection, Juvenile, Juvenile in
conflict with law
3.1.3 Machineries for taking care and rehabilitation of Juveniles : Remand
Homes, Observation Homes, Shelter Homes, Special Homes : Roles
and functions
3.1.4 Juvenile Justice Board, Child Welfare Committee : Constitution,
Functions and Powers
3.1.5 Provisions relating to escaped juveniles
3.1.6 Provisions relating to protection, employment and rehabilitation of
Juveniles
3.1.7 Rehabilitation and social integration of Juveniles (
3.1.8 Presumption and determination of age of Juvenile
96
 3.2 Approach of the society towards rehabilitation of Criminals and Juveniles :
3.2.1 Role of parents, society, Government and NGOs

Suggested Readings :

Sutherland, H.W. and Cressey, D.R.: Principles of Criminology, 6th Edition, The Times
of India Press, Bombay
N.V.Paranjape, Criminology and Penology, Eastern Book Co.
Ahmed Siddiki, Criminology & Penology, Eastern Book Co.
S.S. Srivastava, Criminology& Criminal Administration, Central Law Agency, Allahabad
J.P.S. Sirohi, Criminology and Penology, Allahabad Law Agency
S. N. Mishra, Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice (Care & Protection of Children) Act, 2015 Central Law Publication
S. K. Bava, Law relating to Juvenile Justice, Probation of Offender, Allahabad Law
Agency
K.S.Shukla, "Sociology of Deviant Behaviour" in 3 ICSSR Surver of Sociology and
Social Anthropology 1969-179(National Report)
S. K. Bhattacharyya, Juvenile Justice : an Indian Scenario, Regency Publications, New
Delhi
K.G.Balakrishnan J., Vijay Hansaria, P. I. Jose, Juvenile justice system : along with
Juvenile Justice (Care and Protection of Children) Act, 2015 and rules, 2007 : working
manual for stake holders, Universal Law Publication Co.
Universal’s Juvenile Justice (Care and Protection of Children) Act, 2015
D. K. Ganguli, Commentaries on Juvenile Justice (Care and Protection of Children) Act,
2015, Dwevedi Law Agency
Ke Pt Simha, Chitrangada Singh, A Handbook on Juvenile Justice: With Commentary on
the Juvenile Justice (Care and Protection of Children) Act, 2015 & the Juvenile Justice
(Care and Protection of Children) Rules, 2007, Bright Law House
Prem Prakash Batra, The Probation of Offenders Act, 1958, Khurana Publication
N. K. Chakrabarti, Probation system, in the administration of criminal justice, Regal
Publication (former Deep & Deep Publication), New Delhi
S. C. Raina, Probation : Philosophy, Law & Practice, Regency Publications, New Delhi
Bharatiya Nagarik Suraksha Sanhita, 2023 : Bare Act

97
 THREE YEARS’ LL.B.
POGRAMME
LL.B. Semester : VI
(Third LL.B. Winter Semester)
PER WEEK SUBJECTS LECTURES OTHERS TOTAL CREDITS Marks

(SEM)

CORE Drafting of
COURSE 308 Pleading and 4 1 5 5 100
Conveyancing

CORE Professional Ethics

COURSE 309 & Professional 4 1 5 5 100
Accounting System

CORE Alternative Dispute

4 1 5 5 100
COURSE 310 Resolution

CORE Moot Court

COURSE 311 Exercise and 4 1 5 5 100
Internship

CORE Legal Language

COURSE 312 /Legal Writing
4 1 5 5 100
including General
English

FOUNDATION Forensic Science,

313 F Law & Crime
Detection Methods 1 1 2 2 100

SOFT SKILL Legal Aid, Para-

314 K legal Services &
Clinical Training 1 1 2 2 100

98
 LL.B. Semester : VI
(Third LL.B. Winter Semester)

Law 308 : Drafting, Pleading & Conveyance

OBJECTIVES OF THE COURSE :

This is a Compulsory Clinical Course as prescribed under the Bar Council of

India – Rules of Legal Education, 2008. The entire course is designed in order to apprise
the law students about the practical knowledge of drafting of pleading and conveyancing
deeds. This course is expected to be taught through class instructions and stimulation
exercises, preferably with the assistance of practising lawyers/retired judges. The law
students will have to draft the prescribed civil and criminal Pleading exercises as well as
prescribed conveyancing deeds by understanding the general principles and relevant
legislations in the class rooms. The law students should make themselves comfortable in
drafting different cases and deeds based upon any given hypothetical facts taking into
consideration the procedural laws like Code of Civil Procedure, Bharatiya Nagarik
Suraksha Adhiniyam, 2023, Bharatiya Sakshya Adhiniyam, 2023 as well as
Constitutional Law of India, Transfer of Property Act, Registration Act, Limitation Act,
Negotiable Instruments Act, Family Courts Act etc.

There will be 90 marks Theoretical Examination and 10 Marks viva voice

Examination, both to be taken by the Gujarat University in this course.

Theoretical Examination : 90 Marks

Viva Voice Examination : 10 Marks

1. Drafting and Pleadings :

1.1 General Principles of drafting and relevant substantive rules
1.2 Pleadings : Civil and Criminal (Suggested)
1.2.1 Notice/Statutory Notice/Notice u/s 138 of N.I.Act
1.2.2 Plaint
1.2.3 Written Statement
1.2.4 Memorandum of Appeal
99
 1.2.5 Civil Revision Application (u/s. 115 of the CPC & under the Rent
Act)
1.2.6 Interlocutory Application
1.2.7 Execution Application
1.2.8 Writ of Mandamus / Writ of Certiorari
1.2.9 Writ of Habeas Corpus
1.2.10 Criminal Complaint
1.2.11 Bail Application
1.2.12 Anticipatory Bail Application
1.2.13 Criminal Miscellaneous Application
1.2.14 Criminal Appeal
1.2.15 Criminal Revision

2. Conveyancing Deeds :
2.1 Conveyancing Deeds : Meaning, Importance and types – Deed Pole and
Indenture, General Principles
2.2 Various conveyancing deeds (Suggested) :
2.2.1 Agreement to Sell
2.2.2 Sale Deed
2.2.3 Mortgage Deeds
2.2.4 Lease Deed
2.2.5 Rent Note
2.2.6 Power of Attorney : General and Special
2.2.7 Promissory Note
2.2.8 Gift Deed
2.2.9 Will and codicil
2.2.10 Indemnity Bond
2.2.11 Trust Deed
2.2.12 Partnership Deed

Suggested Readings :
Mogha’s Law of Pleadings with precedents : Eastern Law House
Bindra on Conveyancing Vol. I-III, Law Publishers
S. C. Ghosh, Principles & Forms of Pleading, Eastern Law House
K. S. Gopala Krishnan, Pleadings and Practice (Civil & Criminal), ALT Publication
Chaturvedi A. N., Principles and Forms of Pleadings and Conveyancing with Advocacy
and Professional Ethics : Allahabad Law Agency
Pandit and Amin, Principles and Precedents of Pleadings and Conveyancing
Shiva Gopal, Conveyancing, Precedents & Forms, Eastern Book Co.
S. R. Myneni, Drafting, Pleading & Conveyancing, Asia Law House
Swamy NM, Text Book on Drafting, Pleading & Conveyancing, Asia Law House
P. S. Narayan Civil Pleading & Practice, Asia Law House
P. S. Narayan Criminal Pleading & Practice, Asia Law House
K. K. Srivastava, Law of Pleadings, Drafting & Conveyancing, Central Law Agency

100
 LL.B. Semester - VI
(Third LL.B. Winter Semester)

Law 309 : Professional Ethics & Professional

Accounting System
OBJECTIVES OF THE COURSE :

This is a Compulsory Clinical Course as prescribed under the Bar Council of

India – Rules of Legal Education, 2008. The very object of the course is that every law
student must not only become good lawyer, but also a good human being and should
render his service to the society. Instead of charging exorbitant fees, a lawyer should also
utilize his efficiencies, knowledge and skill by taking genuine cases without charging
fees. A lawyer should refrain from unethical practice and also respect the judges, his
colleagues and his clients. It is expected from the law colleges that this course should be
taught in association with practising lawyers. The main purpose and objective of this
course is to get every law student realized that the legal profession is a noble profession
having its own unique ethics and dignity. Lawyer should concentrate upon rendering
service to the poor and needy people rather than earning of money. This course also
contains the main provisions of the Advocates’ Act, 1961, the Contempt of Courts Act
and also selected judgments of the Apex Court relating to the Professional Misconduct
and selected opinions of the Disciplinary Committee of the Bar Council of India. It also
appraises the law students about various duties of an advocate. The course also includes
the necessary aspects of the accountancy for lawyers and the relations between lawyers
and judges (Bar-Bench Relations).

The course is designed having 80 marks theoretical examination as well as viva voice
examination, both to be conducted by the Gujarat University.

Theoretical Examination : 80 Marks

Viva Voice Examination : 20 Marks
Syllabus :
1. Legal Profession :
1.1 Distinction between Business and Profession
1.2 Legal Profession :
1.2.1 History
1.2.2 Importance
1.2.3 Why Noble Profession ?

1.3 Ethics and Code of Conduct of Legal Profession

1.4 Seven Lamps of Advocacy and meaning thereof
1.5 Hoffman’s 50 Resolutions for lawyer and importance thereof
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 1.6 Ten Commandments for lawyers
1.7 Bench-Bar Relations

2. Advocates’ Act, 1961 :

2.1 Admission, Enrolment, duties, privileges and Rights of Advocate
2.1.1 Who can be admitted as advocate on a State Roll
2.1.2 Certificate for Enrollment
2.1.3 Disqualification for enrollment as an Advocate
2.1.4 Duties of an Advocate
• Towards client
• Towards courts
• Towards Judges
• Towards his colleagues
2.1.5 Rights and privileges of Advocates

2.2 Bar Councils

2.2.1 State Bar Council : Establishment, organization,
2.2.2 Powers and functions of State Bar Council
2.2.3 Various committees of State Bar Council and functions thereof
• Executive Committee
• Disciplinary Committee
• Welfare Committee
• Enrolment Committee
2.2.4 Bar Council of India : Organization
2.2.5 Various Powers and functions of the Bar Council of India
2.3 Rules relating to dress code of an Advocate
2.4 Professional Misconduct : Meaning
2.4.1 Professional Misconduct by advocate
2.4.2 Procedure for filing complaint against lawyer for professional
misconduct
2.4.3 Punishment for Professional Misconduct
2.5 Accountancy for Lawyers : General Principles

3. Contempt of Court and practice :

3.1 Contempt of Courts Act, 1971 :
3.1.1 Contempt of Court : meaning and nature
3.1.2 Distinction between Contempt of Court and Professional Misconduct

3.2 Categories of contempt under the Act : Civil and Criminal Contempt -
Distinction
3.2.1 Civil Contempt : Essentials
3.2.2 Criminal Contempt : Essentials
3.2.3 Contempt of Court within the court and outside the court
3.2.4 Defenses available to the condemner :
3.2.5 Defences in Civil Contempt and in Criminal Contempt
3.2.6 Remedies against Punishment in contempt
3.2.7 Penalty provisions for the Contempt of Court under the Contempt of
Courts Act
102
 3.3 Contempt jurisdiction of High Courts and the Supreme Court under the
Constitution of India
3.4 Contempt jurisdiction of the Subordinate Courts

4. Important Cases and Selected Opinions of the Disciplinary

Committee :
4.1 Important Cases of the Apex Court relating to Professional Misconduct of
lawyers
4.2 50 selected opinions of the Disciplinary Committee
4.3 Important cases of the Supreme Court relating to the Contempt of Court

Suggested Readings :
Mr. Krishnamurthy Iyer’s Books on “Advocacy”
Dr. Kailas Rai, Legal Ethics Accountancy for Lawyers & Bench-Bar Relation: Central Law Pub.
Dr. S. R. Myneni, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, Asia
Law House

Subramanyams, Commentaries on Advocate’s Act with Professional Ethics & Allied Laws, Law
Publishers India.

The Bar Council Code of Ethics

50 selected opinions of the Disciplinary Committees of Bar Councils
Sanjiva Row, The Advocates Act, 1961, Lexis Nexis Butterworths
S. P. Gupta, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations
JPS Sirohi, Professional Ethics, Lawyer’s Accountability, Bench-Bar Relationship
GCV Subba Rao, Commentary on Contempt of Courts Act, 1971, ALT Publications
V. N. Shukla, Constitutional Law of India , Eastern Book Company
T. K. Tope, Constitutional Law of India , Eastern Book Company
M. P. Jain, Constitutional Law of India , Eastern Book Co.
Authenticated Law Journals and Legal Software for perusal of Supreme Court Decisions

103
 LL.B. Semester - VI
(Third LL.B. Winter Semester)

Law 310 : Alternate Dispute Resolution

OBJECTIVES OF THE COURSE :

The above course is also one of the Compulsory Clinical Courses prescribed by
the Bar Council of India – Rules of Legal Education, 2008.The Major concern of law is
conflict resolution. Familiarization with the modalities and techniques of resolution of
conflict is necessary component in the endeavors of developing expertise in juridical
exercise. The traditional justice delivery system through adjudication by courts had
already given way to a large extent of back log of cases. There are many alternative mode
of dispute resolution in the common law countries. The advent of globalization has
enthused this transformation everywhere. The study of ADR is highly significant in
molding the students of law to act as soldiers of justice in the ever - changing
socioeconomic scenario. The object, reasons and salient provisions of the Mediation Act
is also included in the syllabus. The course aims to give the students an insight into the
processes of arbitration, conciliation and mediation in areas where the traditional judicial
system had its away in the past and in the new areas of conflicts that demand resolution
by alternative methods, No doubt, the course has to be taught with comparative and
international perspectives with a view to bringing out the essential awareness of the
national and international systems emerging at the present context. In this course there
will be a theoretical Examination of 80 Marks to be taken by the University and the rest
of 20 Marks are to be given by the college evaluating the students through their visits to
various ADR centers, Arbitration Tribunals, Mediation Centers etc and through practical
exercises.
Theoretical Examination : 80 Marks
Practical Exercises : 20 Marks
Syllabus :

1. Alternate Dispute Resolution :

1.1 Meaning, object and importance

1.1.1 Arbitration, Conciliation, Mediation
1.1.2 Distinction between Arbitration, Conciliation and Mediation
1.2 Arbitration : Meaning and scope
1.3 Arbitration Agreement :
1.3.1 Essentials, Kinds of Arbitration Agreements
1.3.2 Who can enter into Arbitration Agreement
1.3.3 Validity and reference to Arbitration
1.4 Arbitration Tribunal :
1.4.1 Appointment of the Arbitration Tribunal
1.4.2 Grounds for challenge
104
 1.4.3 Procedure of the Tribunal :
1.4.4 Time, Place and Language of Hearing
1.4.5 Statement of Claim and defence, counter claim and other
proceedings
1.4.6 Jurisdiction and Powers of the Tribunal

2. Arbitration Award :

2.1 Rules of Guidance

2.2 Forms and Content of the Arbitration Award
2.3 Settlement through ADR
2.4 Interim Award, Award of interest by Arbitrator
2.5 Requirements of Valid Award
2.6 Correction and interpretation of Award
2.7 Grounds for setting aside the Award
2.41 Incapacity of the Party
2.4.2 Invalidity of Arbitration Agreement
2.4.3 Want of proper notice and hearing
2.4.4 Contravention of composition and procedure
2.4.5 Breach of conviviality
2.4.6 Impartiality of the arbitrator
2.4.7 Bar of limitation, res judicata
2.4.8 Consent of parties
2.8 Termination Proceedings
2.9 Powers of Arbitrators

3. Enforcement of the Foreign Award and Miscellaneous :

3.1 Foreign Award, International and Commercial Arbitration : Essentials

3.2 Choice of place and proper law of arbitration
3.2 Enforcement of Foreign Awards : Procedure and essentials
3.2.1 New York Convention Awards
3.2.2 Geneva Convention Awards
3.3 Conciliation, Conciliators : Number and qualifications, appointment procedure
3.4 Principles of Conciliation Procedure, Procedure, Settlement, Restrictions on
the role of conciliators, Termination of Conciliation proceedings
3.4 Provisions of Appeal and Revision
3.4 Rule making powers of High Courts and Central Government

4. Mediation Act, 2023 :

4.1 Object, reasons and significance, Mediation Agreement, Pre-litigation
Mediation, Mediation Proceedings and role of Mediator, Mediated settlement
Agreement and enforcement thereof
4.2 On Line Mediation, Mediation Council of India : Composition, duties and
functions.
4.3 Mediation Service Providers and Mediation Institutes,
4.4 Community Mediation : Procedure

105
Practical Exercises : 20 Marks

(i) Negotiation skills to be learned with simulated program

(ii) Conciliation skills
(iii) Arbitration Law and Practice including International arbitration and
Arbitration rules.

The above mentioned exercises are required to be conducted by senior legal

practitioners through simulation and case studies. At least three practical
exercises/case study reports shall be written in a journal after having visited the
Arbitration-Conciliation Centers by a student. Evaluation thereof shall be conducted
in practical exercises to be submitted by a student in a journal/diary to the concerned
law college and the marks thereof will be sent by the college after evaluation to the
Gujarat University.

Suggested Readings :
Avtar Singh, Law of Arbitration and conciliation and Alternative Dispute Resolution, Eastern
Book Company
Dr. S. C. Tripathi, Alternate Dispute System (ADR), Central Law Publication
Dr. S. K. Roychowdhary & H. K. Saharay, Arbitration & Conciliation, Eastern Law House
Sukumar Ray, ADR, Eastern Law House
S. K. Chawla, Law of Arbitration & Conciliation including other ADRs, Eastern Law House
Madhusudan Saharay, Textbook on Arbitration & Conciliation with Alternative Dispute
Resolution, Universal Law Publishing Co., New Delhi
P. K. Basu Majumdar, Law of Arbitration, Universal Law Publishing Co., New Delhi
B.P. Saraf and M. Jhunjhunuwala , Law of Arbitration and conciliation, Snow white, Mumbai.
Gerald R. Williame (ed) , The New Arbitration and Conciliation Law of India, Indian Council of
Arbitration New Delhi.
A.K. Bansal, Law of International Commercial Arbitration, Universal, Delhi.
P.C. Rao & Willam Sheffield , Alternative Disputes Resolution - What it is and How it works ?
Universal, Delhi.
G.K. Kwatra, The Arbitration and Conciliation Law of India, Universal Delhi.
Basu N.D. Law of Arbitration and Conciliation, Universal Delhi.
Johari, Commantary on Arbitration and Conciliatino Act, 1996 , Universal , Delhi.
Markanda P.C. Law relation to Arbitration and Conciliation, Universal Delhi.
Dr. S. R. Myneni, Alternate Dispute Resolution, Asia Law House
Dr. U. Pattabhi Ramiah, Arbitration & ADR, Asia Law House
Dr. N. V. Paranjape, Arbitration & Alternative Dispute Resolution, Central Law Agency
S. P. Gupta, Arbitration & Conciliation, Allahabad Law Agency
Justice P. S. Narayana, The Arbitration and Conciliation Act, 1996, ALT Publications
Sarfaraz Ahmed Khan, Lok adalat : an effective alternative dispute resolution
mechanism, A.P.H. Pub. House, New Delhi
Mediation Act, 2023 : Bare Act

106
 LL.B. Semester : VI
(Third LL.B. Winter Semester)

Law 311 : Moot Court Exercise & Internship

OBJECTIVES OF THE COURSE :

The Bar Council of India has through Rules of Legal Education, 2008 designed this course as one
of the Compulsory Clinical Course taking into consideration the development of over all skill of
law students including Oral Advocacy, skill of presenting the case, Imagination, Rules for
conducting Civil Case or Criminal Trial, visit to the courts, Interviewing Techniques for
gathering information from the clients and also pre-trial preparations. The students are required to
compulsory attend at least one Civil Case and one Criminal Trial within a span of three years of
LL.B. Programme. The law students are expected to observe dialogue between a lawyer and
client and learn the skill of advocacy out of it. As per the Rules of Legal Education, 2008, the
entire course is divided into following three components including 30 marks each to be written in
journal, to be evaluated by the college as well as a viva voice of 10 marks to be conducted by the
Gujarat University.
Marks

(a) Moot Court (Three Exercises & Arguments) 30

(b) Observance and writing the proceedings of Trial in 30
two cases, one Civil and one Criminal
(c) Interviewing techniques, dialogues between Advocate 30
& clients and Pre-trial preparations
(d) Viva-voce examination 10
Total 100

(a) Moot-Court: 30 Marks

Each student will conduct at least three Moot Courts

in a semester with 10 marks for Each. The moot court
work will be assigned Problems and it will be evaluated
for 5 marks for written submissions and 5 marks for oral
advocacy. The written submission shall be recorded in
the prescribed diary.
The panel to evaluate moot court performance
of each student shall consist of the Principal or his/
her nominee and the concerned teacher assigned
with the subject.

107
(b) Observance of trial in two cases one Civil and one Criminal.

Civil Case 15 Marks

Criminal Case 15 Marks

Students will attend two trials during their course of

Three Years’ LL.B. Programme.
They will maintain a record thereof and enter various
steps observed during their attendance on different
days in the court assignment ( diary ) . Attendance and
performance to be certified by Advocates, enrolled
and recognized by the Bar Council .

(c) Interviewing techniques and Pre-trial Preparations.

- Interviewing techniques 15 Marks
- Pre-trial preparations 15 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. Each student will further observe the
preparation of documents and court papers by the Advocate and
procedure for filing of the suit / petition This will be recorded in
the diary.

Practical work is to be evaluated by the Committee Constituted as

per VI-CL. (c).

(d) Viva-voce Examination on the above 10 Marks

Three aspects. Viva-voce examination is to be conducted by the

committee constituted of Principal and two examination to be
appointed by the University.

Suggested Readings :
Dr. S. R. Mayneni, Moot Court, Pre-Trial Preparation and Participation in Trial Proceedings &
Viva-Voce, Asia Law House
Aggarwal Prof. Nomita & Mukesh Anand, Beginners Path to Moot Court, Universal Law
Publication Co.
Bhatia Prof. Dr. K.L., Moot Court and Mock Trial - Art to and Art of Advocacy: Essentials of
Court Craft, Universal Law Publication Co.
Om Prakash Mishra, Moot Court Pre-Trial Preparation and Participation in Trial Proceedings,
Central Law Agency
Dr. Sant Prasad Gupta, Moot Court Pre-Trial Preparation and Participation in Trial Proceedings,
Central Law Agency
JPS Sirohi, Moot Court Etc., Allahabad Law Agency
H. N. Tewari, Moot Court, Allahabad Law Agency

108
 LL.B. Semester : VI
(Third LL.B. Winter Semester)

Law 312 : Legal Language/Legal Writing

including General English
OBJECTIVES OF THE COURSE :

This course is designed with a view to see that every law student must have basic
knowledge of English. In the era of Globalization, there will be more litigations involving
foreign and/or multi-national companies. Moreover, the International Treaties,
Agreements and judgments of the Apex Court as well as High Courts are in English
Language. The law students should be conversant with the Latin Terminology frequently
used and accepted by the Indian Judiciary and lawyers. The writing of essays, pricy
writing, comprehension etc. will further improve the drafting skill and command over the
language. The course also gives importance to the development of translation skill and
the study of legal problems. Over all, the above course will definitely help the law
students during their practice as an advocate.
Syllabus :
1. Essay on the topics relating to law
2. Legal Phrases

3. Comprehension or Précis Writing

4. Translation
5. Practical Legal Problems relating to Law of Crimes, Law of Torts,
Law of Contract and Family Law

Suggested Readings :
Prof. K. L. Bhatia, Legal Language & Legal Writing, Universal Law Publishers
B. M. Gandhi, Legal Language, Legal Writing and General English, Eastern Book Company
R. L. Jain, Legal Language/Writing (including General English), Central Law Agency
M. P. Tandon, Legal Language, Legal Writing, Allahabad Law Agency
S. K. Mishra, Legal Language, Legal Writing, Allahabad Law Agency
S. R. Mayneni, Legal Language and Legal Writing, Asia Law House
Rega Surya Rao, Lectures on Legal Language and Legal Writing, Asia Law House
Sridhar M., Legal Language, Asia Law House

Instruction : - Students are requested to peruse the concerned law books for perusal of
Practical Legal Problems prescribed in Unit No.5

109
 LL.B. Semester : VI
(Third LL.B. Winter Semester)

Law 313 F : Forensic Science, Law and

Crime Detection Methods
OBJECTIVES OF THE COURSE :

The main object of including this course is to make the law students familiarize
about the Forensic Science Technologies as well as role and functions Forensic Science
Laboratories and how they are useful in detecting the crime and criminals. In the era of
computer technology and internet, we can effectively solve the complicated cases of
cyber crimes, forgery, rape, fire-arm used in the crime, identification of trace elements,
identifying paternity of child or about various toxic materials. In the incidents of bomb-
blast or terrorist attack, forensic science helps us to reach to the root of crime and
catching the criminals. It is also possible to find out truth by application of various
Forensic Psychology Techniques like lie detection test, brain mapping or narco test.
While understanding various methods of Forensic Science in detection of crimes, law
students are expected to understand the constitutionality of all the methods as well as the
evidential value thereof.

Syllabus :

1. History, Scope, Need and application of Forensic Science in Crime Detection

:
1.1 History and scope of Forensic Science
1.2 Need of Forensic Science in understanding modus operandi of criminals as
well as Crime Investigation and Detection
1.3 Basic Principle of Criminal Jurisprudence relied in Forensic Science :” Man
may lie, but circumstances cannot.”
1.4 Evidence collected through Forensic Science Techniques and Report of
Forensic Expert : Evidential value thereof
1.5 Evidentail value of Forensic Evidence under the BNSS and BSA.

110
 1.6 Various general techniques of Forensic Science used in detection of crimes :
1.6.1 Blood-Alcohol Analysis
1.6.2 Toxicology Reports
1.6.3 Ballistic Export Report regarding use of fire-arm or residues of
firearm parts at the scene of offence
1.6.4 Analysis of Body Fluids : Blood, Serum, saliva etc.
1.6.5 Reports of Handwriting Experts (in crimes of forgery) & Finger-print
Experts
and identification of Handwriting in questioned documents

1.6.6 Identification of Narcotic and Psychotropic Substances like Opium,

Brown Sugar, Heroin etc.
1.6.7 Crime detection/investigation through Track marks : Foot Prints,
Naked Footprints etc.

2. Forensic Psychology Techniques, Crime Detection/Investigation and Law :

2.1 Forensic Psychology Techniques and importance thereof
2.2 Various types of Forensic Psychology Techniques used in Crime Detection :
2.2.1 Lie Detection Test and its procedure
2.2.2 Polygraph Test and its techniques
2.2.3 Brain Mapping Test and procedure thereof
2.2.4 Narco Analysis Test (Truth Serum Test)
2.2.5 Hypnotism

2.3 Constitutional validity of Forensic Psychology Techniques in context with

Fundamental Right of Self Incrimination under Article 20(3) and 22 of the
Constitution

2.4 Drawbacks and Hazards of Forensic Psychology Techniques

2.5 Evidential Value of confession of the accused made through or evidences

gathered through Forensic Psychology Techniques

2.6 Judicial approach about acceptance of evidence gathered by Forensic

Psychology Techniques

3. Recent Forensic Science Techniques for Crime Detection and Future

Challenges :
3.1 Cyber Crime detection through forensic science
3.1.1 Retrieving the data from Computer Hard-disk
3.1.2 Retrieving SMS/MMS from mobile after having deleted
3.1.3 Detecting E-mail Hackers, Website Hackers and Computer Hackers
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 3.1.4 Tracking of E-mails in locating the criminals
3.1.5 Tracking offences of Electronic Fund Transfer and related crimes
3.1.6 Tracking offences related to Digital Signature, Software Piracy and
other related crimes
3.2 Use of Facial Reconstruction and Skull Superimposition Techniques in crime
detection
3.3 Voice Identification Technique
3.4 DNA Profiling : meaning
3.4.1 Importance and Nature of DNA Profiling
3.4.2 Evidentiary clue materials of DNA Profiling : Hair, Body Tissues etc.
3.4.3 Parental Identification and its Constitutional validity - Fundamental
Right under Article 20(3) not available in Civil Proceedings
3.4.4 Judicial Pronouncements

3.5 Future Challenges to Forensic Sciences in countering the Global Terrorism,

Cyber Terrorism and other technical offences

Suggested Readings :
Sharma B. R., Forensic Science in Criminal Investigation & Trials, Universal Law
Publishing Co.
Sharma B. R., Law Relating to Handwriting Forensics, Universal Law Publishing Co.

Nanda B.B. & Tewari R. K., Forensic Science in India : A Vision for 21st Century, Select
Publisher, New Delhi
Tewari R. K., Shashtri P. K. & Ravikumar K. V.. Computer Crime & Computer
Forensics, Select Publications
Dr. Veerraghavan, Handbook of Forensic Psychology
Dr. Rukmani Krishnamurthy Crime Scene Management with Special Emphasis on
National Level Crime Cases
Parikh, Text Book of Medical Jurisprudence, Forensic Medicine and Toxicology
Abhijeet Sharma, Guide to DNA Test in Paternity Determination and Criminal
Investigation (A Lawyer’s Handbook), Butterworths
Modi’s Medical Jurisprudence and Toxicology, Butterworths Publication

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 LL.B. Semester - VI
(Third LL.B. Winter Semester)

Law 314 K : Legal Aid, Para-Legal Services

& Clinical Training
1. Provisions under the Constitutional and Procedural Laws to provide Legal Aid :

1.1 Free Legal Aid : Need, concept and scope - for providing social security and equal
justice to all

1.2 Constitutional Provisions ensuring Legal Aid :

1.2.1 Preamble of the Constitution
1.2.2 Article 14 : Equality before Law and Equal Protection of Law
1.2.3 Article 39-A : Equal Justice and Free Legal Aid

1.3 Provisions under Bharatiya Nagarik Suraksha Sanhita, 2023 to provide Legal Aid :
1.3.1 Section 341 : Legal Aid to the accused at the expense of the State

1.4 Provisions under the Code of Civil Procedure to provide Legal Aid :
1.4.1 Suit by indignant person (O. 33)

2. Legal Services Authorities Act, 1987 :

2.1 Object and reasons of the Act

2.2 Authorities under the Act, their constitution, term and functions :
2.2.1 National Legal Services Authorities
2.2.2 State Legal Services Authorities
2.2.3 District Legal Services Authorities
2.3 Committees under the Act, their constitution, term and functions
2.3.1 Supreme Court Legal Services Committee
2.3.2 High Court Legal Services Committee
2.3.3 Taluka Legal Services Committee
2.4 Criteria for giving Legal Services
2.5 Entitlement for Legal Services
2.6 National, State and District Legal Aid Fund
2.7 Lok Adalats :
2.7.1 Concept and significance of Lok Adalats & Permanent Lok Adalats
2.7.2 Organization of Lok Adalats
2.7.3 Awards of Lok Adalats
2.7.4 Powers of Lok Adalats

2.8 Pre-litigation Conciliation and Settlement provisions :

2.8.1 Establishment and powers of Permanent Lok Adalats
2.8.2 Cognizance of cases by it and procedure thereof
2.8.3 Award of the Permanent Lok Adalats : Final and binding to the parties

2.9 Rule making powers of State and Central Government

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 2.10 Regulation making powers of various authorities under the Act

3. Para-legal Services and Clinical Training :

3.1 Para-legal Services : Meaning, object and importance

3.2 Spreading Legal Awareness through Legal Literacy Camps
3.2.1 Legal Literacy Camps by the authorities under the Act
3.2.2 Legal Literacy Camps by law students in association with Authorieies/NGOs

3.3 Legal Aid Camps

3.3.1 For weaker section of the society for strengthening their rights
3.3.2 For women empowerment
3.3.3 For preventing Child Labour

3.4 Legal Aid Clinics : Object and Services

3.4.1 Permanent Legal Aid Clinic and its services : Counseling, Pre-litigation
solution through different cells like Pension Cell, SC/ST Cell, Women Cell
etc., Providing para-legal training to law students and assigning clinical work
to law students
3.5 Involvement of NGOs in providing Free Legal Services
3.6 Role of Law Students in securing Free Legal Aid and Advise
3.7 Para-legal Training by law students, its application and importance

Suggested Readings :
Prof. Kailash Rai, Public Interest Lawyering Legal – Aid and Para – Legal Services, Central Law
Publication
Dr. N. V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal
Services, Central Law Agency
Dr. S. S. Sharma, Legal Services, Public Interest Litigation and Para-legal Services, Central Law
Agency
Dr. S. R. Myneni, Public Interest Lawyering, Legal Aid and Para Legal Services, Asia Law
House
Mamta Rao, Public Interest Litigation (Legal Aid and Lok Adalats), Eastern Book Company
Ajay Gulati, Public Interest Lawyering, Legal – Aid and Para – Legal Services, Central Law
Publication
Sarfaraz Ahmed Khan, Lok adalat : an effective alternative dispute resolution
mechanism, A.P.H. Pub. House, New Delhi
Roma Mukerjii, Women, Law and Free Legal Aid in India, Regal Publication, New
Delhi (Deep & Deep Publication)
Bare Act : Legal Services Authorities Act (with Amendments of 2002)

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