PU-LLB Syllabus 3 Year

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PANJAB UNIVERSITY, CHANDIGARH-160014 (INDIA)

(Estd. under the Panjab University Act VII of 1947-enacted by the Govt. of
India)

FACULTY OF LAW

SYLLABUS
FOR
Bachelor of Law (LL.B- 3 Year Course)
(I to VI Semester)
Examinations 2022-23

1
PANJAB UNIVERSITY, CHANDIGARH

Outlines of tests, syllabi and courses of reading for Bachelor of Law (LL.B.3 Year
Course) I & II Semesters (w.e.f 2022-23) III, IV, V& VI Semester for the
session 2022-23
st
LL.B. 1 Semester
Paper – I Jurisprudence-I and Legal Methods
Paper- II Constitutional Law -I
Paper-III Law of Contract
Paper-IV Public International Law
Paper V Law of Torts and Consumer Protection Law
nd
LL.B. 2 Semester
Paper - I Jurisprudence II and Comparative Law
Paper-II Constitutional Law II
Paper - III Special Contracts
Paper - IV Alternative Dispute Resolution
Paper – V Labour Law
rd
LL.B. 3 Semester
Paper –I - Law of Crimes-I
Paper – II - Property Law
Paper – III - Labour Law
Option : Any two of the following
Paper IV & V- (a) Information Technology Act & RTI Act
(b) Land Laws
(c) International Organisations, Human Rights
and Humanitarian Law
(d) Interpretation of Statutes and Principles of Legislation
th
LL.B. 4 Semester
Paper –I - Law of Crimes-II
Paper- II - Company Law
Paper – III - Administrative Law
Paper – IV - Environmental and Wild Life Protection Laws

Option : Any one of the following


Paper V (a) - Law of Taxation
Paper V (b) - Intellectual Property Laws

2
LL.B. 5th Semester

Paper – I - Law of Evidence


Paper – II - Criminal Procedure Code-I
Paper – III - Service Law
Paper – IV - Civil Procedure Code

Option Any one of the following:

Paper V (a) - Laws Relating to Registration, Limitation and Trust


Paper V (b) - Private International Law
Paper V (c) - Business Law

LL.B. 6th Semester

Paper – I - Alternate Dispute Resolution


Paper – II - Criminal Procedure Code-II
Paper – III - Drafting, Pleading and Conveyancing
Paper - IV - Professional Ethics & Professional Accountability

Option : Any one of the following:

Paper V (a) - Criminology, Penology and Victimology


Paper V (b) - International Labour Organization and Labour Laws

3
Scheme of Paper:
Maximum Marks: 20+80 = 100
Minimum Passing marks: 45/100
Internal Assessment -20 marks

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

Theory Examination – 80 marks


For the theory examination, the whole syllabus shall be divided into four units. Question
paper will be divided into 5 units. Question No. 1 of Unit I shall be compulsory
covering all the four units of the syllabus and shall consist of four parts. Out of four parts
at least two parts must be problem based. This compulsory question shall be of 20
marks. There will be two questions in each unit i.e. Unit II, Unit III, Unit IV and Unit V
and the candidates will be required to attempt one question from each unit. Each
question of these units shall be of 15 marks.
Note: In the month of November odd semester examinations (regular and
reappear) i.e. 1st, 3rd and 5th semesters shall be held and in the month of April/May
even semester examinations (regular and reappear) i.e. 2nd 4th and 6th semesters
shall be held.
Proviso: However, students having reappear in 5th semester shall be allowed to take
up the reappear examination in the month of April/May alongwith 6th semester.

Instructions to Paper Setters


Theory Examination – 80 marks

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

4
Semester-I
Paper-I
Jurisprudence-I and Legal Methods

Paper : Course Code : 01


I
1st 06 per week (4+2) and
LL.B. First Year : No. of Contact Hours :
Semester Total: 64 hours
Minimum Teaching 16 weeks (90 working
Course Credit : 04
Days : days)
60 Prof. (Dr.) Shalini
Duration of Class : Teacher In-charge :
Minutes Marwaha

Objectives of the Course are Making students understand by teaching and analyzing
the;
1. Importance of the subject of Jurisprudence and Legal Theory in order to inculcate
the pragmatic approach in the field of Law.
2. Legal meaning of Law; its various kinds; significance and relationship between the
Law & Morals; relationship betweenthe Law & Methodology.
3. History, structure, nature and efficacy of Jurisprudence.
4. Various definitions/nature and the scope of Jurisprudence and Legal Theory.
5. Relevance of studying different Schools/Sources of Law in the evolution of Law and
Legal Methods.

Course Learning Outcomes are Students shall learn, know and understand;
1. Scientifically the philosophy of Legal Theory.
2. Reasons behind the enactment of various Laws and Policies in the light of study of
various Sources and Schools of Law.
3. Application of Law through Legal Methods.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks and 20 marks are assigned for internal
assessment.

Time for Theory Examination - Three Hours

Theory Examination – 80 marks

5
For theory examination, the whole syllabus is divided into four Units and every Unit is
further divided into modules. The question paper will be divided into 5 Units. Question No.
1 of Unit I shall be compulsory covering all the four units of the syllabus and shall consist
of four parts. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the candidates will be required to
attempt one question from each Unit. Each question of these units shall be of 15 marks. The
medium of the examination shall be English only. The paper setters are instructed to set the
questions strictly according to the syllabus and keeping in view the course objectives and
course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten or
typed)on A-4 size sheets; submission of which can be made in soft copy through email or
hard copy to the teacher concerned; however the oral presentation shall be made by the
students in the class only.

SYLLABUS

Units Modules

I 1. Meaning, definition, kinds and classification of Law.


Introduction to Jurisprudence and
Legal Theory
2. Definitions, Nature and Scope of Jurisprudence &
Legal Theory

3. Relationship between Law and Morals

1. Analytical Positivism: Bentham; John Austin; H L


II A Hart; Kelson
Schools of Law with Indian
Approach 2. Historical School: Savigny; Puchta; Sir Henry
Maine
3. Sociological School: Duguit; Ihering; Ehlrich;
Roscoe Pound
1. American Realism
III
2. Revival of Natural Law School with Indian
Realism, Natural Law School and
Approach: Rudolph Stammler; John Finnis; Lon L.
Feminist Legal Theory
Fuller

6
3. Feminist Legal Theory and Women Empowerment
in India

1. Custom; Precedent; Legislation


IV
Sources of Law and Legal Method 2. Legal Aid and LokAdalat

3. Public Interest Litigation

Prescribed Books

• B.N. Mani Tripathi, Jurisprudence (The Legal Theory), Allahabad Law Agency,
Allahabad, 18thEdn., 2012.
• Dr. N.V. Paranjape, Studies in Jurisprudence and Legal Theory, Central Law
Agency, Allahabad, 7thEdn., 2013.
• Michael Doherty, Jurisprudence: The Philosophy of Law, Old Balley Press, 2ndEdn.,
2003.
• Nomita Aggarwal, Jurisprudence, Central Law Publication, Allahabad, 8thEdn.,
2010.
• P.J. Fitzgerald, Salmond on Jurisprudence, Thomson Sweet & Maxwell Universal,
New Delhi, 12thEdn., 2008.
• R.W.M. Dias, Jurisprudence, Lexis Nexis (Indian Edition) Gurgaon, 5thEdn., 2013.
• S.N. Dhyani, Fundamentals of Jurisprudence (The Indian Approach), Central Law
Agency, Allahabad, 3rdEdn., 2004.
• SuriRatnapala, Jurisprudence, Cambridge University Press (First South Asian
Edition), New Delhi, First Edition, 2009.
• W. Friedmann, Legal Theory, Universal Law Publishing Co., Delhi, 5thEdn., 2008.

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion.Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

7
Facilitating the Achievements of Course Learning Outcome
Students will learn the basics of Jurisprudence. Apart from which project topic will be
given by the subject teacher in the tutorial class. Each student will prepare the topic
allotted and make a presentation on the topic in same class. Opportunities will be given
to students to put forth their viewpoints in front of their peers. Department shall also
organize various activities including workshops, special lectures, conferences, mooting
activities, debates, declamations, symposiums, etc. The students shall learn by
participating, organizing, and competing in these activities and students’ participation in
any form in any of the activities shall be encouraged, evaluated, and awarded.

Paper-II
Constitutional Law-I

Paper : Course Code : 02


II
1st 06 per week (4+2) and
LL.B. First Year : No. of Contact Hours :
Semester Total: 64 hours
Minimum Teaching 16 weeks (90 working
Course Credit : 04
Days : days)
60 Prof. (Dr.) Devinder
Duration of Class : Teacher In-charge :
Minutes Singh

Objectives of the Course are Making students understand by teaching and analyzing
the;

1. Salient features of the Constitution and system of Governance in India.


2. Concepts of Constitution, Constitutional law, Constitutionalism.
3. System of Government in India – Position of the President and working of
Executive.
4. Various types of Bills and Procedures through which they come into force.
5. Various qualifications and disqualifications of the members of
Parliament/Legislature.
6. Working of the Union and State Legislatures and privileges given to the
Members of the House.
7. Concepts such as Judicial Appointments, Jurisdiction, and Powers of Court.
8. Functioning of Legislature, Executive, Judiciary and their relations.
9. Concept of Constitutional Amendment, its procedure and judicial review.

8
Course Learning Outcomes are Students shall learn and know the;
1. Procedure through which Constitution was enacted, its features and the latest
developments.
2. Center-State Relations and the bifurcation of their powers.
3. System of Governance i.e., the Parliamentary form of Government.
4. Procedure of passing of various Bills and their enactments.
5. Qualifications and disqualifications to become Members of the House and their
privileges.
6. Hierarchy of Courts, Appointments of Judges, Jurisdiction, and Powers.
7. Independence and accountability of the Judiciary.
8. Fair understanding of Constitutional bodies such as the CAG and the Election
Commission.
9. Process through which Constitutional amendments take place and judicial review
thereto.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks and 20 marks are assigned for internal
assessment.

Time for Theory Examination: Three Hours

Theory Examination – 80 marks

For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the
syllabus and shall consist of four parts. This compulsory question shall be of 20
marks. There will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and
Unit V and the candidates will be required to attempt one question from each Unit.
Each question of these units shall be of 15 marks. The medium of the examination
shall be English only. The paper setters areinstructed to set the questions strictly
according to the syllabus and keeping in view the course objectives and course
outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

9
SYLLABUS

Units Modules
1. Salient features of the Constitution: Making of the
Indian Constitution; Salient Features of Constitution;
Nature of the Indian Constitution – Federal, Unitary,
Quasi-federal, Constitutional Law, and
Constitutionalism
2. Union and its territories (Articles 1 to 4)- Formation
of States; Admission and Establishment of new States;
Alteration of name, area and boundary of existing
I states – Procedure
Features of Constitution 3.Union and State Executive (Articles 52-78 and 152-
and Executive 167):
Government (a) The President and Vice President – Qualifications,
Election, Term of Office, Powers, Impeachment
(Articles 52-72)
(b) Nature, Scope and Extent of Executive Powers of
the Union and States (Article 73, 162)
(c) Governor – Appointment and Powers (Articles 153
– 161)
4.Position of President and Governor vis-à-visReal
Executive
1. Union and State Legislature (Articles 79 to 123 and
168 to 216)- Composition of Parliament and State
legislatures; Legislative Procedure, Legislative
Privilege (Articles 79 – 122, 168 – 212)
2. Office of Speaker and Deputy Speaker
II 3. Ordinance making Power: Essential conditions for the
promulgation of an Ordinance; ‘Ordinance’ under
Article; Validity of successive promulgation of the
Union and State
same Ordinance (Articles 123, 213)
Legislature
4. Qualifications and Disqualifications of Members of
House and Parliamentary Privileges Procedure to pass
Bills

10
1. Independence and Accountability of Judiciary
2. Union and States Judiciary: The Union Judiciary: the
Supreme Court of India (Articles 124-147);
Composition, Appointment and Removal of Judges
III (Articles 124-130); Procedure (Article 145); the High
Union and State Courts in the States (Articles 214-231)
Judiciary
3. Jurisdiction: Original, Appellate, Review, Special Leave,
Advisory (Articles 125 to 147 & 214 to 216, 218 to 231)

4. Comptroller and Auditor General of India(Articles 148-


149)
1. Panchayats, Municipalities and Cooperative
Societies– Objectives, Functions and Powers
2. Election Commission (Articles 324-329): Powers,
IV Functions and Role
Local Self Government 3. Legislative Relations between Centre and States
and Theory of Basic (Articles 245-255)
structure
4. Amendment of Constitution (Article 368); Judicial
Review & Basic Structure

Prescribed Books
• Granville Austin: Working a Democratic Constitution: Indian Experience, 2nd
Edition, Oxford University Press,2000
• The Oxford Handbook of Indian Constitution, Edited by Sujit Chaudhary, Oxford
University Press,2016.
• P.M. Bakshi: Constitution of India- 8th Edition, Universal Law Publications,2017.
• Durga Das Basu: Shorter Constitution of India, 13th Edition, Wadhwa,2012.
• M.P. Jain: Indian Constitutional Law- 5th Edition, Wadhwa,2015.
• Subhash C. Kashyap: Constitutional Law of India, Universal Law Publishing Co.
Pvt. Ltd.,2015
• Narender Kumar: Constitutional Law of India- 7th Edition, Allahabad Law
Agency,2017
• H.M. Seervai: Constitutional Law of India- 4th Edition, Universal Law
Publishing Co. Pvt. Ltd.,2012.
• V.N. Shukla: The Constitution of India- 11th Edition, Eastern Book

11
Suggested Case Laws: - Case Study to be included by the teacher in his lecture in
theory classes, tutorials, project and presentation etc.
• B.P. Singhal v. Union of India, (2010) 6 SCC331
• B. R. Kapur v. State of Tamil Nadu, (2001) 7 SCC231
• C. RavichandranIyer v. Justice A.M. Bhattacharjee, 1995 (6)339
• D. C. Wadhwa v. State of Bihar, (1987)1 SCC378
• Daryao v. State of UP, AIR 1961 SC1457
• EpuruSudhakar v. Govt. of A.P., AIR 2006 SC338
• G.V.K . Industries v. Income Tax Officer, (2011) 4 SCC36
• Hoechst Pharmaceuticals Ltd. v. State of Bihar, AIR 1983 SC1019
• Jaya Bachchan v Union of India, AIR 2006 SC2769
• Jyoti Basu & Others vs Debi Ghosal& Others, Civil Appeal No. 1553 of1980
• Krishna Kumar Singh v. State of Bihar, (2017) 3 SCC1
• Kihota Hollohan v. Zachillhu, AIR 1993 SC412
• Kuldip Nayar v. Union of India, AIR 2006 SC3127
• Lily Thomas v. Union of India, (2013) 7 SCC653
• Lok Prahari (through General Secretary SN Shukla) v. Election Commission of
India, (2018)18 SCC114
• M.P. Special Police Establishment v. State of M.P., (2004) 8 SCC788
• Madras Bar Association v. Union of India, AIR 2015 SC1571
• Re C P & Berar Sales of Motor Spirit & Lubricants Taxation Act, 1938 AIR FC1
• Raja Ram Pal Singh v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC184
• Rajbala v. State of Haryana, AIR 2016 SC 33
• Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC549
• Rudul Sah v. State of Bihar, AIR 1983 SC1086
• Re Presidential Reference 1964, AIR 1965 SC745
• Re Presidential Reference 1998, AIR 1999 SC1
• Re Presidential Reference 2002, AIR 2003 SC87
• S. R. Bommai v. Union of India, (1994) SC1918
• S.P. Anand v. H.D. Deve Gowda, AIR 1997 SC272
• S.P. Gupta v. President of India, AIR 1982 SC149
• Shanti Bhushan v. Supreme Court of India through its Registrar, (2018) 8 SCC396
• State (NCT of Delhi) v. Union of India, (2018) 8 SCC501
• State of Kerala v. Mar Appraem Kuri Company Ltd., (2012) 7 SCC106
• State of Uttar Pradesh v. Raj Narain, 1975 AIR865
• State of West Bengal v. Union of India, 1963 SC1241
• Supreme Court Advocates on Record v. Union of India, 1994 SC268
• Supreme Court Advocates on Record v. Union of India, 2015 (11) SCALE1
• U.N.R. Rao v. Indira Gandhi, AIR 1971 SC1002
• Union of India v. Sankalchand Himatlal Sheth, (1977) 4 SCC193

12
Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

Additional Readings
Constituent Assembly Debates, Parliamentary Debates
Reports of Law Commission of India, Supreme Court
Website: National Judicial Data Grid
National Judicial Commission

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Through the classroom teaching, lecture, and discussion methods students shall be
facilitated to learn the basic concepts of the Constitution, Polity and Governance
System in India, working of nominal and real executive, legislative procedure, judicial
appointments, jurisdiction, and powers of the Courts. Apart from which project topic
will be given by the subject teacher in the tutorial class. Each student will prepare the
topic allotted and make a presentation on the topic in same class. Opportunities will be
given to students to put forth their viewpoints in front of their peers. Department shall
also organize various activities including workshops, special lectures, conferences,
mooting activities, debates, declamations, symposiums, etc. The students shall learn by
participating, organizing, and competing in these activities and students’ participation
in any form in any of the activities shall be encouraged, evaluated, and awarded.

13
Paper-III

Law of Contract

Paper : III Course Code : 03


st
LL.B. First Year 1 No. of Contact Hours 06 per week (4+2) and
: Semester : Total: 64 hours
Minimum Teaching 16 weeks (90 working
Course Credit : 04
Days : days)
Duration of Class 60 Associate Prof. (Dr.)
Teacher In-charge :
: Minutes Shipra Gupta

Objectives of the Course are Making students understand by teaching and analyzing the

1. Contract law which is the law of obligations that have arisen out of a contract. Law of
contract concerns one and all because of its universal application. Right from day-to-day
activities to the most technical-commercial contracts, the importance of contract law
principles cannot be understated.
2. Concepts and general principles of contract law and also understanding the operative
part of Contract law.
3. Government contracts and standard form contracts which are widely prevalent.
4. Distinct features of different kinds of transactions useful in day-to-day life, such as
guarantee, indemnity, pledge, bailment and agency.

Course Learning Outcomes are Students shall learn and develop the;
1. Insight into the practical and theoretical aspects of the subject and to remain abreast
with legal developments in the field.
2. Critical thinking and analytical skills with the case study method with the
understanding of the interpretation of various provisions in a given context.
3. Understanding of technical nuances of the subject, to enable them to deal effectively
with various disputes related to contracts in diverse fields.
4. Proper understanding of the subject for various competitive examinations.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks and 20 marks are assigned for internal
assessment.

14
Time for Theory Examination: Three Hours

Theory Examination – 80 marks

For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules
Contract and Agreement- Meaning and Kinds
Formation of Contract/E- Contract
I Communicative process- offer, acceptance and revocation
Contract – Meaning (Sections 3-9 ICA & Sections 10- 13, Information Technology
and Essentials Act)
Kinds of Contracts-
• Government Contracts;
• Standard Form Contracts;
• Tenders.
Capacity to contract (Sections 11 & 12)
Consideration (Section 2 (d) )
Consent and voidability (Sections 13 - 22)

15
Unlawful agreements (Sections 23, 24)
II Void agreements (Sections 25-30)
Contingent Contracts, Contingent contracts (Sections 31-35)
Performance of Performance of Contract (Sections 36-61)
Contracts and Quasi Novation, alteration, rescission and remission (Sections 62-63)
Contracts Restoration of benefit on avoiding contract (Sections 64-65, 75)
Quasi-contracts (Sections 68-72)

Breach of contract- Meaning and Kinds


III
Including Anticipatory Breach (Section 39)
Breach of Contract and
Damages and liquidated damages(Sections 73-74)
Damages, Contract of
Indemnity (Sections 124-125)
Indemnity and
Guarantee (Sections 126-147)
Guarantee, Bailment
Bailment (Sections 148-174)
and Pledge
Pledge (Sections 172-181)

Meaning and Features


Kinds of agency
IV Creation of Agency
Agency Relation between Principal and Agent
Relation between Principal and Third party
Personal Liability of Agent
Termination of Agency

Prescribed Books
• Anson’s Law of Contract, J. Beatson et al, 29th Edition, Oxford University Press, 2010.
• Bangia, R.K.: Indian Contract Act- 13th Edition Allahabad Law Agency, 2008.
• Furmstorn, M.P., Cheshire and Fifoot’s Law of Contract, 16th Edition, Oxford University
Press.
• H.K. Saharay, Dutt on Contract, 11th Edition, 2013, Eastern Law House.
• Mulla, D.F.: Indian Contract and Specific Relief Act- 13th Edition Lexis-Nexis, 2006.
• Pathak, Akhileshwar, Contract Law, 1st Edition, Oxford University Press, 2011.
• Pollock & Sir Dinshaw. Fardunji. MullaThe Indian Contract and Specific Relief Acts (Set
of 2 Vols.) (Revised by: NilimaBhadbhade, Updated 14th Edition, 2013.
• Pathak, Akhileshwar: Special Contracts, 1st edition 2014, Oxford University Press.
• Singh, Avtar: Contract and Specific Relief- Twelfth Edition, 2017, Eastern Book Company,
Lucknow.
• Pollock &Mulla On Indian Contract & Specific Relief Acts,(edited by R.K. Abichandani)
11th edition,1994
• Stone,Richard: Lecture Notes on Contract Law, 1st edition 1994 Cavendish Publishing Ltd.

16
• Anirudh Wadhwa: Mulla The Indian Contract Act (Student Edition) 15th edition reprint
2019 LexisNexis
• Rattan, Jyoti: Law of Contract, 4th Edition, 2019 Bharat Law House Pvt. Ltd.
• Kumar, Narender, The Indian Contract Act, 1872, 1st edition 2015 Allahabad Law Agency.

Suggested Case Laws: - Case Study to be included by the teacher in his lecture in
theory classes, tutorials, project and presentation etc.
• Carlill v. Carbolic Smoke Balls Ltd, [1892] EWCA Civ 1
• Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd., 1953EWCA Civ6
• Mohori Bibi v. Dharamdas Ghose, ILR (1903) 30 Cal 539 (PC)
• Lalman Shukla v. Gauri Dutt, 1913 40 ALJ 489
• Khan Gul v. Lakha Singh,1928 Lah 609
• Bhagwan Das v. Girdhari Lal, 1966 AIR 543, 1966 SCR (1) 656
• Kedar Nath v. Gorie Mohammad, (1887) ILR 14 Cal 64
• Chinnaya v. Rammaya, ILR (1876-82) 4 Mad 137
• Chikam Amiraju v. ChikamSheshma, 34 IndCas 578, (1917) 32 MLJ 494
• Harvey v. Facey, (1893) AC 552
• LIC v. Raja Vasireddy, AIR 1984 SC 1014
• Bank of India v. O. P. Swaranakar, AIR 2003 SC 858
• Delhi Development Authority v. Skipper Construction Co, Special Leave Petition (C) No.
21000 of 1993. D/d. 17.12.1999.
• Hira Tikoo v. UT Chandigarh, (2004) 6 SCC 765
• Amrit Banaspati v. State of Punjab, AIR 1992 SC 1075
• Sona Bala Bora v. Jyotindra Bhattacharjee, Appeal (Civil) 2519-2520 of 2005
• Tarsem Singh v. Sukhminder Singh, AIR1998 SC 1400
• Raghunath Prasad v. Sarju Prasad, AIR 1924 PC 60
• B R. Enterprises v. State of U.P., (1999) 9 SCC 700
• Lata Construction v. Ramnik Shah, AIR 2000 SC 380
• Amirtham Kudumbah v. Sarnam Kudumbah, AIR 1991SC 1256
• Mathai Mathai v. Joseph Mary, AIR2014SC2277
• National Insurance Co. v. Seema Malhotra, AIR 2001 SC 1197
• Dularia Devi v. Janardan Singh, AIR 1990 SC 1173
• Union of India v. Maddala Thathaiya, AIR 1966 SC 1724
• ONGC Ltd. v. SAW Pipes (2003) 5 SCC 705
• State of West Bengal v. B. K. Mondal, AIR 1962 SCC 779
• BSNL v Motorola India Pvt. Ltd., Civil Appeal No. 5645 of 2008
• Ghaziabad Development Authority v. UOI, AIR 2000 SC 2003
• Gujarat Bottling Co. v. Coca Cola & Co.1995 SCC (5) 545
• Nutan Kumar v. IInd ADJ, (2002) 8 SCC 31
• KR Lakshmanan v. State of Tamil Nadu, AIR 1996 SC 1153
• Hadley v. Baxendale, [1854] EWHC J70
• Harshad Shah v. LIC, (1997) 5 SCC 64
• DESU v. Basanti Devi, 1999 Supp(3) SCR 219
17
• State of M.P. v. Kalu Ram, AIR 1967 SC 1105
• Standard Chartered Bank v. Custodian, 2000 (3) SCR 81
• Gajanan Moreshwar v. Moreshwar Madan, (1942) 44 BOMLR 703
• N. R. SrinivasaIyer v. New India Assurance Co., AIR 1983 SC 458
• State of H.P. v. Associated Hotels of India Ltd, AIR 1972 SC 1131
• Sunrise Associates v. Govt. of NCT of Delhi, AIR 2006 SC 1908
• Maharashtra State Co-operative Bank Ltd. v. P. F. Commissioner AIR 2010 SC 868, (2009)
10 SCC 123
• Anirudh v. Thomco’s Bank, 1963 AIR 746, 1963 SCR Supl. (1) 63
• M.S.E.B, Bombay v. Official Liquidator, Ernakulam, AIR 1982 SC 1497
• State of Gujarat v. Memon Mahomed, AIR 1967 SC 1885
• Punjab National Bank v. Surender Prasad Sinha, AIR 1992 SC 1815
• Bank of Bihar v. State of Bihar, (1972) 3 SCC

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given
for preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Through the classroom teaching, lecture, and discussion methods students shall be
facilitated to learn the basic concepts of Contract Law. Apart from which project topic
will be given by the subject teacher in the tutorial class. Each student will prepare the
topic allotted and make a presentation on the topic in same class. Opportunities will be
given to students to put forth their viewpoints in front of their peers. Department shall
also organize various activities including workshops, special lectures, conferences,
mooting activities, debates, declamations, symposiums, etc. The students shall learn by
participating, organizing, and competing in these activities and students’ participation
in any form in any of the activities shall be encouraged, evaluated, and awarded.

18
Paper-IV
Public International Law

Paper: IV Course Code: 04


06 per week (4+2) and Total:
LL.B. First Year: 1stSemester No. of Contact Hours:
64 hours
Minimum Teaching
Course Credit: 04 16 weeks (90 working days)
Days:
Duration of Class: 60 Minutes Teacher In-charge: Prof. (Dr.) Jyoti Rattan

Objectives of the Course are to provide students a basic understanding of:


1. History, structure, nature and efficacy of International Law.
2. Sources, subjects and objects of International Law along with the contemporary
issues.
3. Regimes governing Treaty Making under International law, governance of Sea and
Resources therein.
4. States and Statehood, Recognition of States, their succession, responsibility,
settlement of disputes and use of force, the relationship between International law
and Municipal law.
5. International Organizations, their structure and functioning.

Course Learning Outcomes are Students shall learn and understand by analyzing:
1. Theoretical framework and the working of International law that will help students
in exploring their career or academic interest in specific fields of international law.
2. Relations between states, International organizations and other legal actors within
the public international legal framework.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper. There
will be a theory examination of 80 marks and 20 marks are assigned for internal assessment.

Time for Theory Examination: Three Hours

Theory Examination – 80 marks


For the theory examination, the whole syllabus is divided into four Units and every Unit is
further divided into modules. The question paper will be divided into 5 Units. Question No.
1 of Unit I shall be compulsory covering all the four units of the syllabus and shall consist
of four parts. This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the candidates will be required to
19
attempt one question from each Unit. Each question of these units shall be of 15 marks. The
medium of the examination shall be English only. The paper setters are instructed to set the
questions strictly according to the syllabus and keeping in view the course objectives and
course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules

1. Definition, Nature and Basis of International Law: Traditional


and Modern Definitions of International Law; Is International Law True
Law? The distinction between Public International Law and State Law;
Basis of international law; Relationship and Difference between Public
International Law and Private International Law.

I 2. The Sources of International Law: Article 38 of the ICJ Statute;


Introduction To International Treaties and International Customs; General Principles of
The International Law; Judicial Decisions and Juristic Works; Hierarchy of Sources.
Legal Order
3. Subjects of International Law: Theories- Traditional and Modern;
Are States the only Subjects of International Law? The Status of
Individuals, International Organizations and non-state entities under
International law in 21st Century.
4. The Relationship between International Law and
Domestic/Municipal Law: Theories: Monism & Dualism, The
Question of Supremacy by Starke; State Practice regarding issue of
primacy: UK, USA & India.

20
1. Recognition: Definition of State Recognition, Theories of
Recognition, Modes of Recognition: De Jure and De Facto, Types of
Recognition, Collective and Conditional Recognition, Recognition of
Different Entities, Legal Effect of Recognition, The Duty to Recognize;
Withdrawal of Recognition, Retroactive Effect of Recognition, Stimson
Doctrine.

2. Dispute Settlement: Peaceful Methods of Settlement: Negotiations,


Good Offices, Mediation, Conciliation, Inquiry, Arbitration, Judicial
II Settlement and Peaceful Settlement under auspices of United Nations.
International Compulsive Methods: Retortion, Reprisal, Embargo, Boycott,
Recognition, Blockade, and Compulsive Settlement under auspices of United Nation.
Dispute Settlement,
Intervention and 3. Intervention: Principle of Non Intervention under the UN Charter,
Intervention: Exceptions to the principle of Non Intervention, Grounds
International
of Intervention, Intervention by the States and Intervention by UN.
treaties

4. International Treaties: Salient features of Vienna Convention on


Law of Treaties, 1968 relating to Binding Force of Treaties, Pacta Sunt
Servanda, Jus Cogens, Rebus Sic Stantibus, Parties of a Treaty,
Formation of a Treaty, Reservations and Termination of Treaties.

1. State Territory- Modes of Acquisition: Occupation, Prescription,


Accretion and Cessions; Mode of Loss State Territory: dereliction,
prescription, Act of God, Cession, and Revolt.

2. Air Navigation Law: Need and Development of Air Law, Salient


Features of Chicago Convention, 1944; Five freedoms of Air.
III Air Craft Hijacking: Need and Development of Air Craft Hijacking
State Territory, law, Salient features of Beijing Convention and Protocol, 2010.
Air and Space
Law 3. Space Law: Need and Development of Space Law, Salient Features
of Outer Space Treaty, 1967; UNISPACE I-III and Principles on
conduct of space activities.

4. Nationality: Modes of Acquiring and Loss of Nationality, Meaning


of Nationality, The International Importance of Nationality, Double
Nationality, Status of Married Women, Statelessness.

21
1. Law of the Seas: Salient Features of UN Convention on Law of
Sea, 1982, relating to- Coastal States and Maritime zones; Maritime
Belt, Contiguous Zone, Continental Shelf, Exclusive Economic Zones,
Delimitation of Adjacent and Opposite Maritime Boundaries;
Archipelagic waters and rights of Archipelagic states; Land Locked
States and their rights, Islands, High Sea; the Rights and Duties of
State; Sea Bed Area and International Seabed Authority

2. Extradition: Meaning of Extradition; Reasons for Extradition,


IV Salient Features of Model Law on Extradition, 2004 relating to
Law of Seas, conditions for extradition, (Extraditable person, Rules of Double
Extradition and Criminality, Rule of Specialty, Grounds for refusal,) Examples.
Asylum, Diplomatic 3. Asylum: Meaning of Asylum and Different Types of Asylums;
Agents Examples.

4. Diplomatic Agents: Salient Features of Vienna Convention on Law


of Diplomatic Relation, 1961 relating to Diplomatic Agents;
Classification of Heads of Mission, Function of Diplomatic Agents, The
Basis and Need of Immunities and Privileges to Diplomatic Agents,
Waiver of Immunity, Termination of Diplomatic Mission.

Prescribed Books:
• J.G Starke: Introduction to International Law, Butterworths Law.
• Dr S.K. Kapoor: International Law and Human Rights, Central Law
Agency.
• H. Oppenheim: International Law, London: Longmans, Green & Co.
• J.L. Brierly: Law of Nations- An Introduction to the International Law of
Peace.
• Black Stone: International Law Documents, OUP Oxford.
• Malcolm Shaw: International Law, Cambridge University Press.
• V.K.Ahuja: Public International Law, Lexis Nexis.
• R. P. Dhokalia: Codification of Public International Law, Oceana
Publications.
• H.O. Agarwal: International Law and Human Rights, Central Law
Publications.
• Malcom N. Shaw: International Law, Cambridge University Press.

22
Suggested cases to be dealt with by the teacher, tutorials, case study, Project and
Presentation for Public International Law
• North Sea Continental Shelf Case (F.R. of Germany/Denmark; F.R. Germany/The
Netherlands), Judgment of 20 February 1969, 100-101
• Reparation for Injuries Suffered in the Service of the United Nations Case.
ICJ Rep.1949,p.174
• Lotus Case (France v. Turkey), PCIJ, Ser. A No. 10 (1927)
• North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3 115 29
• Asylum Case (Columbia v. Peru), ICJ Rep. 1950, p. 266
• Island of Palmas Case (Netherlands v. the United States) (1928)
• Re Berubari Union No. (I), AIR 1960 SC 845
• Corfu Channel Case, ICJ Rep. 1949, p. 4
• Barcelona Traction, Light and Power Co. Ltd. Case, ICJ Rep.1964, p. 6
• Case Concerning United States Diplomatic and Consular Staff in Tehran (United
States of America v. Iran), ICJ Rep.1980, p.3
• Nicaragua Case (Nicaragua v. USA) ICJ Rep.1986, p. 14
• Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470; (1980) 2 SCC
360 51 16.
• Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR 1984
SC 667; (1984) 2 SCC 534 17.
• Union of India v. Sukumar Sengupta, AIR 1990 SC 1692
• United Kingdom v. Norway), ICJ Rep. 1951, p. 116
• Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17 127 30
• Republic of Italy v. Union of India (2013) 4 SCC 721
• ICJ, Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, hereafter ‘Wall Case’, Advisory Opinion of 9 July 2004,
§§70-80; 114-124; 132-163
• North Sea Continental Shelf Case, ICJ Reports, (1955), p.4.
• Nuclear Test Case ( June 22, 1973)
• Case Concerning Military and Para- Military Activities in and against
Nicaragua ( Nicaragua v the U.S.), ICJ Reports, (1984), p.169.
• Case Concerning Frontier Dispute (Benin/Niger), ICJ Reports, (2005), p.90.
• Case Concerning Armed Activities on the Territory of Congo (New
Application, 2002) ( Democratic Republic of Congo v Rwanda), ICJ Reports,
(2006), p. 6.
• Conditions of Admission of a State to the United Nations, ICJ Reports, (1948),
p. 4.
• Competence of General Assembly regarding Admission of a state to United
Nations (1950), ICJ Reports (1950), p. 5.
• Advisory Opinion concerning the legal consequences of the continued
presence of South Africa in Namibia (i.e. South West Africa), notwithstanding
Security Council Resolution 276 (1970), ICJ Reports (1971), p. 16.
• Recent and landmark Cases of extradition and Asylum

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.
23
Additional Readings
• Declaration on Principles of International Law Concerning Friendly
Relations and Co-operation among States in Accordance with the Charter of
the U.N, annexed to GA Res. 2625 (XXV), 24 October 1970
• Montevideo Convention on the Rights and Duties of States, 26 December
1933
• The Charter of the United Nations; Articles 2(3), and 33
• J. Merrills, ‘The Means of Dispute Settlement, in: EVANS, 533-559
• The Charter of the United Nations: Articles 92-96
• The Statute of the ICJ: Articles 34, 35, 36, 41, 59, 65 and 66
• Sample Declarations of Acceptance of the Compulsory Jurisdiction of the
ICJ
• ILC Articles on State Responsibility for Internationally Wrongful Acts,
annexed to GA Res. 56/83, 2001
• Statute of ICJ- Article 38

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.
Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.
Facilitating the achievements of Course Learning Outcome
Students will learn the basic concepts of public international law in the classroom
through the lecture and discussion methods. Apart from which project topic will be given
by the subject teacher in the tutorial class. Each student will prepare the topic allotted
and make a presentation on the topic in same class. Opportunities will be given to
students to put forth their viewpoints in front of their peers. Department shall also
organize various activities including workshops, special lectures, conferences, mooting
activities, debates, declamations, symposiums, etc. The students shall learn by
participating, organizing, and competing in these activities and students’ participation in
any form in any of the activities shall be encouraged, evaluated, and awarded.

24
Paper-V
Law of Torts and Consumer Protection Law

Paper: V Course Code: 05


LL.B. First 06 per week (4+2) and
1stSemester No. of Contact Hours:
Year: Total: 64 hours
Minimum Teaching 16 weeks (90 working
Course Credit: 04
Days: days)
Duration of Prof. (Dr.)Vandana A.
60 Minutes Teacher In-charge:
Class: Kumar

Objectives of the Course are Making students understand by teaching and analyzing
the;
1. Process of the evolution of the Law of Torts and its practice in India.
2. Conceptualization of different approaches in relation to the study of the law of torts.
3. Various definitions given by the experts and also the study of the course of coming
towards the definitions given by them.
4. Relevance of Common Law to the Law of Torts by studying the relationship
between the Common Law and the Law of Torts.
5. Various concepts involved in the study of torts and their growth by going through a
number of cases related to them.
6. Torts Of Defamation, Negligence, Nuisance, Trespass, Malicious Prosecution and
various defenses available against them.
7. Fixation of liability in the name of Strict, Absolute and Vicarious Liability.
8. Important topics under the new Consumer Protection Act, 2019.

Course Learning Outcomes are Students shall learn and know the;
1. Process of evolution of the law of torts.
2. Various existing torts and the defense which can be raised against them.
3. Development of this branch of law by studying the important case laws and their
contribution towards the development of the concerned tort.
4. Subject through a number of cases as it is a judge made law.
5. Consumer Protection Act as it is connecting to their daily routine matters.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks and 20 marks are assigned for internal
assessment.

Time for Theory Examination: Three Hours

25
Theory Examination – 80 marks
For the theory examination, the whole syllabus is divided into four Units and every Unit
is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus and
keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten or
typed)on A-4 size sheets; submission of which can be made in soft copy through email
or hard copy to the teacher concerned; however the oral presentation shall be made by
the students in the class only.

SYLLABUS

Units Modules
1. Evolution of Law of Torts in India: Uncodified and Judge-
made; Definition of Torts/Tort; Mental Element in Torts
2. Constituents of Torts:Injuria sine Damno, Damnum sine
injuria, Ubi jus ibiremedium; Defences against Tortuous
Liability: Consent or volenti non-fit injuria, Statutory
authority, Act of God, Inevitable accident, Necessity, private
I defence.
Definition, Nature, 3. No-Fault Liability: Strict and Absolute; Rule in Rylands vs.
Scope and No-Fault Fletcher; Application of rule in India in M.C. Mehta vs.
Liability Union of India; Bhopal Gas Leak Disaster Case.
4. Recent trend of Absolute liability in India: Liability under
Modern Legislation; The Public Utility Insurance Act, 1991;
Vicarious Liability in general and of the state in specific.
1. Tort of Defamation: kinds and defences available against
defamation; Trespass: Person and Property; Role of intention
in Tort of trespass.
2. Negligence: Theories, Meaning, Essentials, Res
II IpsaLoquitor, Contributory Negligence, Composite

26
Various Kinds of Negligence, Nervous shock.
Torts 3. Nuisance:Nuisance, special damages to individual in
nuisance; Remoteness of Damages

4. Remedies: Remedies under Law of Torts

1. Consumer Protection Law in India: Nature and Scope


2. Definitions: Section 2(1)-2(47), object, scope; Concept of
III Product Liability
Consumer 3. Consumer Protection Council: Procedure and Object
Protection Act,
2019 4. Central Consumer Protection Authority: Establishment,
Appointment, Vacancy, procedure and powers.
1. Consumer Dispute Redressal Commission: Establishment,
qualification, salaries, jurisdiction, powers, vacancy and
appeal.
IV 2. Consumer Mediation Cell: Procedure, duty and settlement
Consumer 3. Offences and Penalties: Punishment and Cognizance
Protection Agencies
4. Role of Judiciary in Consumer Protection in India:
Recent trends

Prescribed Books
• Avtar Singh, Law of Consumer Protection: Principles and Practice, Eastern Book
Company, Edn. 2015
• W.V.H. Rogers. Winfield &Jolowiczon Tort, Sweet and & Maxwell, 19thEdn. 2016.
• G.P. Singh, Ratanlal&Dheerajlal, Lexis Nexis, 27thEdn. 2016.
• R.K. Bangia, Law of Torts including Consumer Protection Laws, Allahabad Law
Agency, reprint 2015.
• RamaswamyIyer, The Law of Torts, Lexis Nexis, 9th Edn.,2003
• Salmond, The Law of Torts, Sweet & Maxwell Ltd. 11thEdn. 1996
• V. K. Aggarwal, Consumer Protection Act, Bharat Publications, Edn. 2016
• H.K. Saharay, Consumer Protection Law, Universal Publications. 3rdEdn. 2013.
• Tony Weir, A Casebook on Tort, Sweet & Maxwell, 9thEdn. 2004.
• D N Sarraf, Law of Consumer Protection of India.
• Bare Act, The Consumer Protection Act, 2019.

27
Suggested cases to be dealt by the teacher, tutorials, case study, Project and
Presentation for Law of Torts
• Ashby vs. White, (1703) 92 ER 126
• Mayor of Bradford vs. Pickles 1875 AC 587
• Stanley vs. Powell (189) 1 QB 86.
• Donoughue vs. Stevenson, 1932 All ER 147

• Hall vs. Brooklands Auto Racing Club (1932) 1 KB 205


• Bourhill vs. Young (1942) 2 All ER 396 (HL) 113
• KasturiLalRalia Ram Jain vs. State of U.P. (1965) 1 SCR 375
• T C Balakrishnan vs. T R Subramaniam AIR 1968 Ker. 151
• Town Area Committee vs. PrabhuDayal, AIR 1975 All. 1325.
• Vidya Devi vs. M.P. State Road Transport Corporation AIR 1975 MP 89.
• Padmavati vs. Dugganaika 1975 ACJ 222.
• M C Mehta vs. union of India AIR 1987 SC 1086.
• Union Carbide Corporation vs. Union of India 1988 MPLJ 540.
• Rylands vs. Fletcher L.R. 1. Ex. 265
• S N M Abdi vs. Prafulla Kumar Mohanta AIR 2002 Guwahati 75.
• W.B.S.E.B. vs. D.K. Ray AIR 2007 SC 976.
• NeenaAneja&Anr. vs. Jai Prakash Associates Ltd.
• Horlicks Ltd. Zydus Wellness Products Ltd.
• Dabur (India) Ltd. vs. Clortek (Meghalaya) (P) Ltd.
• Pepsi Co. Inc. vs. Hindustan Coca-Cola Ltd.
• Ernakulam Medical Centre vs. P.R. Jayasree
• Manohar Infrastructure and Constructions Pvt. Ltd. vs. Sanjeev Kumar Sharma
• AmitabhaDasgupta vs. United Bank of India
• IREO Grace Realtech Pvt. Ltd. vs. AbhishekKhanna
• M/S Imperia Structures Ltd. Anil Patni

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

28
Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Students will learn the basics of Law of Torts and Consumer Protection Law comprising
of the concept of the various torts and also the judicial attitude towards them through the
study of various judicial authorities on the concepts by making the use of lectures and
class discussions. Apart from which project topic will be given by the subject teacher in
the tutorial class. Each student will prepare the topic allotted and make a presentation on
the topic in same class. Opportunities will be given to students to put forth their
viewpoints in front of their peers. Department shall also organize various activities
including workshops, special lectures, conferences, mooting activities, debates,
declamations, symposiums, etc. The students shall learn by participating, organizing, and
competing in these activities and students’ participation in any form in any of the
activities shall be encouraged, evaluated, and awarded.

29
Semester-II

Paper-I

Jurisprudence-II and Comparative Law

Paper : Course Code : 01

I
LL.B. First Year : 2nd No. of Contact Hours 06 per week (4+2) and
Semester : Total: 64 hours
Course Credit: 04 Minimum Teaching 16 weeks (90 working
Days : days)
Duration of Class : 60 Minutes Teacher In-charge : Prof. (Dr.) Shalini
Marwaha

Objectives of the Course are Making students understand by providing a good insight
into the subject and analyzing the
1. Jurisprudential aspects of concepts, perception and legal principles with regard to
vagaries of law.
2. Application of these concepts into contemporary society.
3. Study of comparative law in modern times so as to explore the areas where judicial
vigilance can be invoked for the protection of justice in the globalized world.

Course Learning Outcomes are Students shall learn and understand;


1. Analytically the various concepts which enable the enactments and interpretation of
laws from time to time.
2. Factors behind the enactment of substantive and procedural laws through which
liability is fixed and justice is administered by the state.
3. Significance of doing a comparative study of laws in the present era of globalization.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper. There
will be a theory examination of 80 marks while 20 marks are assigned for internal
assessment.

Time for theory Examination: Three Hours

Theory Examination – 80 marks


For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
30
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.
Internal Assessment - 20 marks
Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed) on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules

1. Concept of Distributive Justice & John Rawl’s Theory of Justice;

2. Administration of Justice: Distinction between Civil and


I Criminal Justice; Its Advantages and Disadvantages; Object of
Administration of Administration of Criminal Justice; Theories of Punishment;
Justice
3. Concept of Liability: Distinction between Civil and Criminal
Liability; Theory of Penal Liability: Meaning of Act and its
Kinds, Mens Rea.

1. State and Sovereignty;

II 2. Legal Personality;
Concept of State and
Subjects 3. Rights & Duties;

1. Property;

III 2. Possession;
Concept of Property
and its Acquisition 3. Ownership;

1. Meaning, Nature and Scope of Comparative law;

IV 2. Value of Comparative law

31
Comparative Law
3. Significance of Comparative law in the emerging fields;
 Environmental law
 Cyber Law
 Law relating to Intellectual Property Rights

Prescribed Books
• B.N. Mani Tripathi, Jurisprudence (The Legal Theory), Allahabad Law Agency,
Allahabad, 18thEdn., 2012 .
• Dr. N.V. Paranjape, Studies in Jurisprudence and Legal Theory, Central Law
Agency, Allahabad, 7thEdn., 2013.
• Michael Doherty, Jurisprudence: The Philosophy of Law, Old Balley Press, 2
ndEdn., 2003.
• Nomita Aggarwal, Jurisprudence, Central Law Publication, Allahabad, 8thEdn.,
2010.
• P.J. Fitzgerald, Salmond on Jurisprudence, Thomson Sweet & Maxwell Universal,
New Delhi, 12thEdn., 2008.
• R.W.M. Dias, Jurisprudence, Lexis Nexis (Indian Edition) Gurgaon, 5thEdn., 2013.
• S.N. Dhyani, Fundamentals of Jurisprudence (The Indian Approach), Central Law
Agency, Allahabad, 3rdEdn., 2004.
• Suri Ratnapala, Jurisprudence, Cambridge University Press (First South Asian
Edition), New Delhi, First Edition, 2009.
• W. Friedmann, Legal Theory, Universal Law Publishing Co., Delhi, 5thEdn., 2008.

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held per
week for students.

Teaching Methodology
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held per
week for students.

32
Facilitating the achievements of Course Learning Outcome
Students will learn the basics of Jurisprudence along with comparative analysis in
various legal fields.. Apart from which project topic will be given by the subject teacher
in the tutorial class. Each student will prepare the topic allotted and make a presentation
on the topic in same class. Opportunities will be given to students to put forth their
viewpoints in front of their peers. Department shall also organize various activities
including workshops, special lectures, conferences, mooting activities, debates,
declamations, symposiums, etc. The students shall learn by participating, organizing,
and competing in these activities and students’ participation in any form in any of the
activities shall be encouraged, evaluated, and awarded.

Paper-II

Constitutional Law-II

Paper : Course Code : 02

II
LL.B. First Year : 2nd No. of Contact Hours : 06 per week (4+2) and
Semester Total: 64 hours
Course Credit : 04 Minimum Teaching 16 weeks (90 working
Days : days)
Duration of Class : 60 Minutes Teacher In-charge : Prof. (Dr.) Devinder
Singh

Objectives of the Course are Making students understand by teaching and analyzing
the;

1. Noble ideals of the Constitution of India.


2. Preamble as the introduction to the Constitution and concepts of constitutionality
and Constitutional Morality.
3. Concept of Citizenship, State, Law and Languages.
4. Concept of Equality, Fundamental Freedoms, and the Right to Life and Dignity.
5. Concept of Secularism, Freedom of Religion, Educational and Cultural Rights.
6. Relevance of Directive Principles of State Policy and Fundamental Duties.
7. Special provisions relating to certain States.
8. Enforcement of Fundamental Rights.
9. Safeguards given to Civil Servants.

33
Course Learning Outcomes are Students shall learn and know the;
1. Significance of the Preamble as being the introductory and integral part of the
Constitution.
2. Concepts of Citizenship, State and Law.
3. Concept of Fundamental Freedoms, Rights to Equality, Right to Life and Dignity,
Right to Fundamental Freedoms, Educational and Cultural Rights, Secularism and
Protection of the Minority in ademocracy.
4. Socio-Economic Justice in the Constitutional scheme and duties thereto along with
understanding the Directive Principles of State Policy.
5. Protection given to Civil Servants.
6. Concepts Rule of Law and Fundamental Duties.
7. Constitutional provisions on Languages.

Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks while 20 marks are assigned for
internal assessment.
Time for theory Examination: Three Hours

Theory Examination – 80 marks

For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

34
SYLLABUS

Units Modules
1. Preamble: Its Relevance; Preamble; Whether Preamble
is part of the Constitution? Can the Preamble be
amended? Constitutionality and Constitutional Morality.
2. Citizenship- Kinds, Acquisition, and Termination
(Articles 5-11): Citizenship at the commencement of the
constitution; rights under migration due to partition;
Rights of citizenship of certain migrants to Pakistan;
Rights of citizenship of certain persons of Indian origin
residing outside India’ Persons voluntarily acquiring
citizenship of a foreign State not to be citizens;
Continuance of the rights of citizenship; Power of
Parliament to regulate the right of citizenship by law;
Citizenship Act, 1955
3. Fundamental Rights (Articles 12, 13, 33, 34 & 35)-
I
What is State? Local and other authorities under the state;
Preamble, Citizenship,
Defining law and laws in force; the doctrine of
and the Fundamental
severability and eclipse; Laws inconsistent; Parliament’s
Rights
power to modify the rights conferred by Part III in their
application to Forces, etc; Restriction on rights conferred
by Part III while martial law is in force; Legislation to
give effect to the provisions of this Part.
4. Rights to Equality (Articles 14-18): General principles;
equality before the law; equal protection of law; arbitrary
action and discretion; Executive action (Article 14);
General principle of reservation; reservation vis-à-vis
principle of; general principle of non-discrimination;
special provisions and protective discrimination for
women childrenetc; state special responsibility for the
advancement of socially and educationally backward
community or scheduled caste and scheduled tribes
(Articles 15 and 16); Abolition of untouchability and
titles (Articles 17 and 18)
1. Rights to Freedom (Articles 19-22): Freedom of speech
II and expression, assembly without arms, to form
Fundamental Rights association and unions, freedom of movement, reside at
any part of the country, and freedom of practice any
35
profession or to carry any occupation, trade or business;
reasonable restrictions ; criteria of validity of restriction
(Article 19); no double jeopardy; no self-incrimination;
protection against arrest and detention (Article 20);
Procedure established by law and due process–
distinguished, (Article 21); Right to education (Article 21
A); Protection against arrest and detention (Article 22)
2. Rights against Exploitation (Articles 23-24) :
Prohibition against child labour, bonded labour, traffic of
human being, beggar
3. Rights to Freedom of Religion (Articles 25-28)-
Secularism in Indian constitution, restriction that can be
imposed on right to religion; freedom to manage religious
affairs – profess, practice and propagate; protection of
minority culture and educational rights; minorities right to
establish and administer educational institution regulatory
requirements; need for standard-setting and enforcement
4. Cultural & Educational Rights (Articles 29-30)- Types
of minorities and their Protection;; Rights of minorities to
establish and administer educational institutions; Control
in aided and non-aided educational institutions
1. Right to Property from the Fundamental Right to
Constitutional Right (Articles 31A-C & 300A): Saving
of Laws providing for the acquisition of estates, etc,
Validation of certain Acts and Regulations, Saving of
laws giving effect to certain directive principles; Persons
not to be deprived of property save by authority of law
(Article 300 A); Rehabilitation and Resettlement Act 2013
2. Enforcement of Fundamental Right -Writs (Articles 32
III
& 226): habeas corpus, mandamus, prohibition, quo
Right to Property as
warranto and certiorari; right to move to the Supreme
Constitutional Right,
Court is a fundamental right in itself; laches or
DPSP’s and
unreasonable delay in instituting writ petition; limits of
Fundamental Duties
writ jurisdiction; natural justice; public interest litigation
3. Directive Principles of State Policy (Articles 36-51):
Binding character of the policies; social and welfare
perspectives; positive aspects of DPSP; Cohesion of
fundamental right and directive principles; Uniform Civil
Code; Promotion of International Peace and Security;
Local self-government; Fundamental principle is of social
welfare, like, humane condition of work and maternity
36
relief; workers participation in management; living wages,
childhood care, promotion of the economic and
educational interest of scheduled caste and scheduled
tribes.
4. Fundamental Duties (Article 51-A)
1. Emergency Provisions (Articles 352-360):
Proclamation of Emergency on grounds of war, external
aggression and armed rebellion (Articles 352, 358, 359);
Power of Union Executive to issue directions (e.g.
Articles 256, 257) and the effect of non-compliance
(Article 365); Duty of the Union to protect the States
against external aggression and internal disturbance
(Article 355); Imposition of President’s Rule in States –
Parliamentary Control, Judicial Review (Articles 356-
IV 357); Financial Emergency (Article 360)
Provisions of
2. Special Status to certain States (Articles 371A-J):
Emergency, Special
Need to give special status to certain states
Status to States,
3. Safeguards to Civil Servants (Articles 309-311):
Languages and Civil
Recruitment and conditions of service of persons serving
Servants
the Union or a State; Tenure of office and doctrine of
pleasure; Dismissal, Protection in cases of removal or
reduction in rank of persons employed in civil capacities
under the Union or a State
4. Languages- Official Language, Regional Language,
Mother Tongue (Articles 343-349): Language of Union
(Articles 343-344); Regional Languages and mother
tongue, (Articles 345-347); Language of the Supreme
Court and High Courts, etc. (Articles 348-349)

Prescribed Books
• Granville Austin: Working a Democratic Constitution: Indian Experience 2nd
Edition, Oxford University Press,2000.
• The Oxford Handbook of Indian Constitution, Edited by Sujit Chaudhary, et al,
Oxford University Press,2016.
• P.M. Bakshi: Constitution of India- 8th Edition, Universal Law Pub.,2017.
• Durga Das Basu: Shorter Constitution of India, 13th Edition, Wadhwa,2012.
• M.P. Jain: Indian Constitutional Law- 5th Edition, Wadhwa,2015.
• Subhash C. Kashyap: Constitutional Law of India, Universal Law Publishing Co. Pvt.
Ltd., 2015
37
• Narender Kumar: Constitutional Law of India- 7th Edition, Allahabad Law
Agency,2017
• H.M. Seervai: Constitutional Law of India- 4th Edition, Universal Law Publishing Co.
Pvt. Ltd.,2012.
• V.N. Shukla: The Constitution of India- 11th Edition, Eastern Book Company,2017.

Suggested Case Laws: - Case Study to be included by the teacher in his lecture in
theory classes, tutorials, project and presentation etc.
• A.K. Roy v. Union of India (1982) 1 SCC271
• ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC1207
• Ajay Hasia v. Khalid Mujib, (1981) 1 SCC722
• Ashok Kumar Thakur v. Union of India, (2008) 6 SCC1
• B.R. Kapoor v. State of Tamil Nadu, 2001 (6) SCALE309)
• Basheshar Nath v. CIT, AIR 1959 SC149
• Bennett Coleman & Co. v. Union of India, (1972) 2 SCC 788234
• Bhikaji NarainDhakras v. State of M. P., AIR 1955 SC781
• Bijoe Emmanuel v. State of Kerala, (1986) 3 SCC 615349
• Board of Control for Cricket v. Cricket Association of Bihar, (2016) 8 SCC535
• Commissioner of Police v. Acharya Jagadishwara nanda, (2004) 12 SCC770
• Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC201
• D.S. Nakara v. Union of India, AIR 1983 SC130
• DK Basu v. State of West Bengal, (1997) 1 SCC416
• Dr. Jayapaul v. SRM University, (2015) 16 SCC530
• E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC555
• Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC1
• Indra Sawhney v. Union of India AIR, 1993 SC477
• Islamic Academy of Education v. State of Karnataka, 2003 (6) SCC697
• Jarnail Singh v. Lachhmi Narain Gupta, (2018) 10 SCC396
• Joseph Shine v. Union of India, (2019) 3 SCC39
• Justice KS Puttaswamy v. Union of India, (2017) 10 SCC 1283
• Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC128
• Keshvananda Bharti v. Union of India, (1973) 4 SCC225
• L.C. Golaknath v. State of Punjab, AIR 1967 SC1643
• M. Nagaraj v. Union of India, (2006) 8 SCC212
• Maneka Gandhi v. Union of India, (1978) 1 SCC248
• ManoharLal Sharma v. Principal Secretary, (2014) 2 SCC532
• Mohd. Arif @ Ashfaq v. Registrar, Supreme Court of India, 2014 (9) SCC737
• National Legal Services Authority v. Union of India, (2014) 5 SCC438
• Navtej Singh Johar v. Union of India, (2018) 1 SCC791

38
• Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC180
• P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC537
• People’s Union for Civil Liberties v. Union of India, AIR 2003 SC2363
• People’s Union for Democratic Rights v. Union of India, (1982) 3 SCC235
• Pradeep Jain v. Union of India, AIR 1984 SC1420
• Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC111
• Pramati Educational and Cultural Trusts v. Union of India, (2014) 8 SCC1
• Public Interest Foundation v. Union of India, AIR 2018 SC223
• R.K. Garg v. Union of India, (1981)4 SCC675
• RMDC v. Union of India, AIR 1957 SC 628
• Safai Karmachari Andolan v. Union of India, (2014) 11 SCC224
• Satpal v. State of Punjab, 1982 1 SCC12
• Selvi v. State of Karnataka, (2010) 7 SCC263
• Hon’ble Shri Rangnath Mishra v. Union of India, 2003 (7) SCC206
• Shamsher Singh v. State of Punjab, AIR 1974 SC2192
• Shankari Prasad Singh Deo v. Union of India, AIR 1959 SC458
• ShayaraBano v. Union of India, (2017) 9 SCC1
• ShreyaSinghal v. Union of India, (2015) 5 SCC1
• Sodan Singh v. Municipal Corporation Delhi, AIR 1989 SC1988
• Sondur Gopal v. Sondur Rajni, 2013 SC2678
• State of Bihar v. Kameshwar Singh, AIR 1952 SC252
• State of Bombay v. F.N. Balsara, AIR 1951 SC318
• State of Gujarat v. Sri Ambica Mills, (1974) 4 SCC656
• State of Karnataka v. Appa BaluIngale, AIR 1993SCC1126
• State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC402
• State of W. B. v. Anwar Ali Sarkar, AIR 1952 SC75
• T.K. Rangarajan v. Government of Tamil Nadu, AIR 2003 SC3032
• T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC481
• U.P. Hindi Sahitya Sammelan v. State of U.P.,2015
• Union of India v. Nergesh Meerza, AIR 1981 SC1829
• Union of India v. Tulsiram Patel, (1985) 3 SCC398
• Vishakha v. State of Rajasthan, AIR 1997 SC3011
• Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC649

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

39
Additional Readings
Constituent Assembly Debates, Parliamentary Debates
Reports of Law Commission of India, Supreme Court
Website: National Judicial Data Grid
Guidelines for Public Interest Litigation issued by Supreme Court

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Through the classroom teaching, lecture, and discussion methods students shall be
facilitated to learn the basic concepts of the Constitution, Polity, State, Law,
Fundamental Rights and Duties, Directive Principles of State Policy, Emergency
Provisions, Special Status to certain States, Safeguards to Civil Servants and Languages.
Apart from which project topic will be given by the subject teacher in the tutorial class.
Each student will prepare the topic allotted and make a presentation on the topic in same
class. Opportunities will be given to students to put forth their viewpoints in front of their
peers. Department shall also organize various activities including workshops, special
lectures, conferences, mooting activities, debates, declamations, symposiums, etc. The
students shall learn by participating, organizing, and competing in these activities and
students’ participation in any form in any of the activities shall be encouraged, evaluated,
and awarded.

40
Paper-III

Special Contracts

Paper : III Course Code : 03

LL.B. First Year 2nd No. of Contact 06 per week (4+2) and
: Semester Hours : Total: 64 hours
Course Credit : 04 Minimum Teaching 16 weeks (90 working
Days : days)
Duration of Class 60 Minutes Teacher In-charge: Associate Prof. (Dr.)
: Shipra Gupta

Objectives of the Course are Making students understand by teaching and analyzing the;

1. Concept of special contracts and the remedies for the breach of contract.
2. Basis in the field of commercial laws by including major subjects which are the offshoots of
contract law. The course content has been kept limited to the Sale of Goods Act, 1930,
Indian Partnership Act, 1932 along with basic understanding of the Limited Liability
Partnership as a new entity in the field and the Specific Relief Act, 1963.
3. Most commonly prevalent transactions of sale and purchase of movable property in India
and also the most common business entities involved in trade and commerce.
4. Specific remedies for the breach of contract besides damages. Understanding of the remedies
for breach of contract is important as it affects the investor’s perception for doing business in
India.

Course Learning Outcomes are Students shall learn and know and develop a basic
understanding of

1. Major allied legislations relating to the initiation and extension of different kinds of business
and other contractual obligations.
2. Technicalities and complexities involved in the sale of goods, rights and liabilities of buyer
and seller, and other implications of the sale, being the major transaction involved in the
commercial world.
3. Major commercial entities.
4. Remedies for breach and to efficiently deal with issues involving such disputes.
5. Concepts that will be helpful for the students preparing for various competitive exams,
especially, judicial services exams.

41
Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks while 20 marks are assigned for
internal assessment.

Time for theory Examination: Three Hours

Theory Examination – 80 marks

For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules
Sale and Agreement to sell- Definition, essential
features, and formation of contract (Sections 2-10)
Conditions and Warranties (Sections 11 to 17& 62)
Effect of breach of conditions and warranties
I When condition is to be treated as warranty
The Sale of Goods Act, 1930 Effects of Contract
Transfer of Property in Goods (Sections 18 to 25)
Risk Follows Property (Section 26)
Transfer of Title (Sections 27 to 30)

42
Performance of Contract of Sale of Goods (31- 44)
(including FOB, CIF and Ex-Ship contracts)
Duties of Seller and Buyer
Delivery and rules relating to delivery
II
Unpaid Seller - (Section 45-54)
Performance of Contract, Duties
Meaning and Rights of Unpaid Seller
of Seller and Buyer
Suits for Breach of Contract (Section 55 to 61)
Sale by Auction (Section 64)

Indian Partnership Act 1932


Definition, Nature, kinds and essentials of Partnership
(Ss. 4-8)
Relation of Partners to one another (Section 9-17)
Relation of Partners to third party (Section 18-30)
Implied authority of a partner
Holding out
III
Position of minor in the law of partnership
Law of Partnership
Incoming and outgoing partners (Sections 31-38)
Dissolution of partnership Firm (Section 39 to 44)
Registration of partnership (Section 56-59 and section
69)
Limited Liability Partnership Act, 2008: Essential
features, distinction between LLP and ordinary
partnership

Specific Relief – meaning, nature and scope


Recovering possession of property (Sections 4-8)
Specific Performance of Contracts (9 -14)
Persons for or against whom contracts may be
specifically enforced (Sections 15 & 19)
IV Substituted Performance of Contract (Section 20)
The Specific Relief Act, 1963 Special provisions for Infrastructure Projects, Special
(including Amendment Act, Courts and Expeditious Disposal of suits (Section 20A-
2018) C, 21-24)
Rectification (Section 26)
Rescission (Sections 27-30)
Cancellation ((Sections 31-33)
Declaratory Decree (Sections 34-35)
Injunctions (Sections 37-42)

43
Prescribed Books:

• Pathak, Akhileshwar Sale of Goods, 1st Edition 2013.


• Singh Avtar, Law of Sale of Goods, (Ed. DeepaPatukar), (Eastern Book Company,
Lucknow, 9th Edition, 2021)
• Pollock &Mulla, The Sales of Goods Act, (Edited by Satish J Shah) 8th edition 2011,
LexisNexis ButterworthsWadhwa Nagpur
• Singh Avtar, Introduction to law of Partnership (Eastern Book Company, Lucknow, 11th
Edition, 2018)
• Bangia R.K., Indian Partnership Act (Allahabad Law Agency, Allahabad, 14th Edition 2018)
DSR Krishnamurti, Law relating to Limited Liability Partnership (Taxmann Publications
Private Limited, 2010)
• AgarwalSanjiv, RohiniAgarwal, Limited Liability Partnership Law and Practice (LexisNexis
Butterworth Wadhwa, 2009)
• Rattan Jyoti, Specific Relief Act, 5th edition, 2019 Bharat Law House Pvt. Ltd.
• Pollock &Mulla On Indian Contract & Specific Relief Acts, (edited by R.K. Abichandani)
11th edition, 1994, N.M. TripathiPvt. Ltd.
• Singh Avtar, Principles of Mercantile Law, Lucknow, 11th edition 2018 Eastern Book
Company.
• Bangia R. K., Principles of Mercantile Law, Allahabad Law Agency,7th edition Reprint
2018)

Suggested Case Laws:

• Northern India Caterers v. Lt. Governor of Delhi, AIR 1980 SC 674


• State of H.P. v. Associated Hotels of India Ltd, AIR 1972 SC 1131
• Sunrise Associates v. Govt. of NCT of Delhi, AIR 2006 SC 1908
• Niblett v. Confectioners Materials Co, (1921). 3 KB 387 (CA)
• Grant v. Australian Knitting Mills, 1936 AC 85: AIR 1936 PC 34
• Dennant v. Skinner, (1948) 2 KB 164
• Collector of Customs v. Pednekar& Co, AIR 1976 SC 1408
• Agricultural Marketing Committee v. Shalimar Chemical Works, 1997 Supp(1) SCR 164
• Marwar Tent Factory v. Union of India, AIR 1990 SC 1753
• Associated Cement Companies Ltd. v. Commissioner of Customs, AIR 2001 SC 862,
2001(4) SCC 593
• Agricultural Marketing Committee v. Shalimar Chemical Works Ltd, (1997) 5 SCC 516
• Mahabir Commercial Co. Ltd. CIT West Bengal, AIR 1973 SC 430
• Badri Prasad v. State of MP, AIR 1966 SC 58
• ShivagoudaRavjiPatil v. ChandrakantNeelkanthSedalge, AIR 1965 SC 212,
• PurushottamUmedbhai& Co. v. Manilal& Sons, 1961 AIR 325, 1961 SCR (1) 982.
• Comptroller & Auditor General v. KamleshVadilal Mehta, (2003) 2 SCC 349
• Ashutosh v. State of Rajasthan &Ors., (2005) 7 SCC 308
• SunilbhaiSomabhaiAjmeri v. Aksharay Developers &Ors, 2022 SCC OnLine SC 114
• Cox v. Hickman, (1860). 8 HLC 268
• CST v. K. Kelukutty, (1985) 4 SCC 35 (Components of firm)
• Bentley. v. Craven, (1853) 18 Beav 75: 104 RR 373
44
• Consolidated Coffee Ltd. v. Coffee Board, Bangalore, AIR 1980 SC 1468
• Ambalal Sarabhai Enterprise ... v. KS InfraspaceLLP Limited on 6 January, 2020, civil
appeal no(s). 9346 of 2019 Executive Committee of Vaish Degree College v. Lakshmi
Narain, (1976) 2 SCC 58
• M/S. Pearlite Liners Pvt. Ltd v. ManoramaSirsi, (2004) 3 SCC 172
• Deccan Paper Mills co. Ltd. v. Regency Mahavir Properties, Civil Appeal No. 5147 of 2016
• Sughar Singh v.Hari Singh, CA No. 5110 of 2021
• Sukhbir v. Ajit Singh, CA No. 1653 of 2021.
• Man Kaur v. Hartar Singh, (2010) 10 SCC 512

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Through the classroom teaching, lecture, and discussion methods students shall be
facilitated to learn the basic concepts of Special Contracts such as the Partnership Act,
Sales of Goods Act and Specific Relief Act. Apart from which project topic will be given
by the subject teacher in the tutorial class. Each student will prepare the topic allotted
and make a presentation on the topic in same class. Opportunities will be given to
students to put forth their viewpoints in front of their peers. Department shall also
organize various activities including workshops, special lectures, conferences, mooting
activities, debates, declamations, symposiums, etc. The students shall learn by
participating, organizing, and competing in these activities and students’ participation in
any form in any of the activities shall be encouraged, evaluated, and awarded.

45
Paper- IV

Alternative Dispute Resolution

Paper : IV Course Code : 04


LL.B. First 2nd No. of Contact Hours 06 per week (4+2) and
Year : Semester : Total: 64 hours
Course Credit : 04 Minimum Teaching 16 weeks (90 working
Days : days)
Duration of 60 Minutes Teacher In-charge : Associate Professor (Dr.)
Class : Dinesh

Objectives of the Course are Making students understand by teaching and analyzing
the;
1. Comparative perspective method of resolving disputes other than by means of
adjudication.
2. Processes of mediation, conciliation, arbitration and lok adalats.
3. Jurisprudential and clinical dimensions of the problems addressed. At the same time,
train students with skills required in the conduct of ADR procedure by active
participation which can be achieved by case analysis, development of
communication skills (verbal, non- verbal and body language), drafting agreements,
skills for negotiations while considering the its ethical conduct.

Course Learning Outcomes are Students shall learn and know the;
1. Primary forms of dispute process, from mediation to arbitration to developments in
adjudication and mixed processes;
2. Interdisciplinary and comparative approaches to - and debates about - dispute
resolution;
3. Skills and techniques necessary for effective dispute resolution;
4. Theoretical and practical dimensions of dispute processes, including debates on
judicial reform including speedy disposal of disputes;
5. Principal areas of discourse and practice that the student will come to understand are
the processes of mediation, conciliation and arbitration. The student will understand
these processes in their own right and also in the context of the emergence of new
types of dispute resolution professional, who offer mediation and other services as
alternatives to the advocate’s often preferred practice of late settlement through
litigation.

46
Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper.
There will be a theory examination of 80 marks while 20 marks are assigned for
internal assessment.

Time for theory Examination: Three Hours

Theory Examination – 80 marks


For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules
• Introduction to Alternate Dispute Resolution
• Meaning, Characteristics and Need of Alternative
Dispute Resolution
• ADR Techniques- Negotiation, Mediation, Conciliation
and Arbitration: Its distinction, advantages and
I
disadvantages
Alternate Dispute
• Section 89 of the CPC
Resolution
• Mediation- types, role of mediator and stages of
mediation
• Plea Bargaining

47
• The Arbitration and Conciliation Act, 1996 (alongwith
latest amendments)
- Arbitration- types of arbitration, arbitration agreement,
composition of arbitral tribunal, jurisdiction of arbitral
II
tribunals, conduct of arbitral proceedings, making of
The Arbitration and
arbitral award and termination of proceedings, recourse
Conciliation Act, 1996
against arbitral award, finality and enforcement of
award, appeals under Indian law
- Arbitration Council of India.

• Miscellaneous Provisions
• Enforcement of Certain Foreign Awards: New York
III
Convention Awards;
Foreign Awards and
• Geneva Convention Awards
UNCITRAL Model
• UNCITRAL Model Law, 1985
Law,1985

IV • The Legal Services Authority Act, 1986


The Legal Services • Online dispute Resolution
Authority Act, 1986 • International Commercial Arbitration: Concept, Lex
and International Fori, Lex Loci, Lex Contractus and Lex Arbitri
Commercial
Arbitration

Prescribed Books:
• Albert Fiadjoe, ALTERNATIVE DISPUTE RESOLUTION: A DEVELOPING
WORLD PERSPECTIVE, 2004, Cavendish Publishing Ltd., U.K.
• Leonard L. Riskin and James E. Westbrook, DISPUTE RESOLUTION AND
LAWYERS, 1987, West Publishing Company
• P.C. Rao& William Sheffield (ed.), ALTERNATIVE DISPUTE RESOLUTION,
(2004), ICADR, Universal Law Publication
• Avtar Singh, LAW OF ARBITRATION AND CONCILIATION, Eastern Book
Company, 2018 (11th Edition)
• Sriram Panchu, SETTLE FOR MORE - THE WHY, HOW AND WHEN OF
MEDIATION, 2007, East Books, Madras

48
• Alexander H. Bevan, ALTERNATIVE DISPUTE RESOLUTION – A LAWYER’S
GUIDE TO MEDIATION AND OTHER FORMS OF DISPUTE RESOLUTION,
1992, Sweet & Maxwell
• A.K. Bansal, LAW OF INTERNATIONAL COMMERCIAL ARBITRATION,
Universal, Delhi, (2010)
• David St. John, Judith Gill, Mathew Gearing, RUSSELL ON ARBITRATION,
Sweet & Maxwell, 23rd ed. 2013.
• Jay E. Grenig, INTERNATIONAL COMMERCIAL ARBITRATION, West
Thomson Reuters, 1st ed. (2014).
• Kroll, Laukas A Mistelis, Viscasilas, V. Rogers, INTERNATIONAL
ARBITRATION AND INTERNATIONAL COMMERCIL LAW, Kluwer
International (2011)
• Fisher. Roger and Ury. William, GETTING TO YES: NEGOTIATING AN
AGREEMENT WITHOUT GIVING IN, Penguin Group, UK (3rd ed. 2011).
• Rajinder Kaur (Ed.), MEDIATION AND NEGOTIATION IN TRADE AND
COMMERCIAL CONFLICTS (AN INDIAN PERSPECTIVE), Thomson Reuters,
2020
• ShashankGarg (ed.) ALTERNATIVE DISPUTE RESOLUTION, THE INDIAN
PERSPECTIVE (OUP 2018).

Suggested Case Laws:-Case Study to be included by the teacher in his lecture in


theory classes, tutorials, project and presentation etc.
• Afcons Infrastructure and Anr. v. CherianVarkey Construction Co. Pvt. Ltd &Ors.,
(2010) 8 SCC 24.
• Booz Allen Hamilton Inc. v. SBI, Home Finance Ltd., (2011) 5 SCC 532.
• ONGC v. Saw Pipes Ltd., (2003) 2 CLT 242.
• SBP Ltd. v. Patel Engineering Ltd., (2005) 8 SCC 618.
• Dayawati v. Yogesh Kumar Gosain, 243 (2017) Delhi Law Times 117 (DB)
• Mysore Cements Ltd. v. SevdalaBarmac Ltd., AIR 2003 SC 3493.
• Société PT Putrabali Adyamulia v. Société Rena Holding et Société Moguntia Est
Epices/ 05-18.053.
• AT&T Corporation v Saudi Cable Co [2000] 2 All E.R. (Comm) 625
• Salem Bar Association v. Union of India, (2005) 6 SCC 344.
• Inter Globe Aviation Ltd. v. N. Satchinand, (2011) 7 SCC 463
Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

49
Additional Readings

• The Arbitration and Conciliation Act 1996 as amended in 2015


• Section 89, Code of Civil Procedure
• Legal Services Authorities Act, 1987
• Mediation and Conciliation Rules 2004 of Delhi High Court
• 222nd Report of the Law Commission of India on NEED FOR JUSTICE-
DISPENSATION THROUGH ADR, etc. (2009)
• 246th Report of the Law Commission of India on AMENDMENTS TO THE
ARBITRATION AND CONCILIATION ACT 1996 (2014)

Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Through the classroom teaching, lecture, and discussion methods students shall be
facilitated to learn the basic concepts of the Constitution, Polity, State, Law,
Fundamental Rights and Duties, Directive Principles of State Policy, Emergency
Provisions, Special Status to certain States, Safeguards to Civil Servants and Languages.
Apart from which project topic will be given by the subject teacher in the tutorial class.
Each student will prepare the topic allotted and make a presentation on the topic in same
class. Opportunities will be given to students to put forth their viewpoints in front of their
peers. Department shall also organize various activities including workshops, special
lectures, conferences, mooting activities, debates, declamations, symposiums, etc. The
students shall learn by participating, organizing, and competing in these activities and
students’ participation in any form in any of the activities shall be encouraged, evaluated,
and awarded.

50
Paper- V

Labour Law

Paper : Course Code : 05

V
LL.B. First 2nd No. of Contact Hours : 06 per week (4+2) and
Year : Semester Total: 64 hours
Course Credit 04 Minimum Teaching 16 weeks (90 working
: Days : days)
Duration of 60 Teacher In-charge : Prof. (Dr.) Meenu Paul
Class : Minutes

Objectives of the Course are Making students understand by teaching and analyzing
the;
1. Process of the evolution of the Labour Laws and its practice in India.
2. Conceptualization of different approaches in relation to the study of labour laws
3. Concepts related to labour welfare and the relation with constitutional rights.
4. Concept of social security to the labour section and its practice in the country.
5. Various concepts involved in the study of labour laws and their growth by going
through a number of cases related to it.
6. Contribution of growth of the concept of trade unionism in India and the
contribution of standing orders laws, Factories Act, Industrial Disputes Act and
its role in the settlement of industrial disputes.
7. Important topics related to the strike, lay-off, retrenchment, lock-out

Course Learning Outcomes are Students shall learn and know the;
1. Subject by studying in detail the process of evolution and the relevance of the
labour laws.
2. Various existing labour laws and how they are contributing for the concept of
labour welfare.
3. Development of this branch of law by studying the important case laws and their
contribution to the development of the constitutional objective of social-
economic justice.
4. Subject through a number of cases as it shows the judicial approach and activism
towards the welfare of the labourers and workers.
5. Various provisions which are in the nature of bringing parity in the society as
enshrined in the Preamble to the Constitution.

51
Scheme of Examination – A total of 100 (80+20) marks are allotted to this Paper. There
will be a theory examination of 80 marks while 20 marks are assigned for internal
assessment.

Time for theory Examination: Three Hours

Theory Examination – 80 marks


For the theory examination, the whole syllabus is divided into four Units and every
Unit is further divided into modules. The question paper will be divided into 5 Units.
Question No. 1 of Unit I shall be compulsory covering all the four units of the syllabus
and shall consist of four parts. This compulsory question shall be of 20 marks. There
will be two questions in each unit i.e., Unit II, Unit III, Unit IV, and Unit V and the
candidates will be required to attempt one question from each Unit. Each question of
these units shall be of 15 marks. The medium of the examination shall be English only.
The paper setters are instructed to set the questions strictly according to the syllabus
and keeping in view the course objectives and course outcomes.

Internal Assessment - 20 marks


Written Assignment (9 marks); Oral Presentation (9 marks); Participation in Extra-
Curricular Departmental Activities (2 marks).
Guidelines for submission: Written project report of around 4000 words (handwritten
or typed)on A-4 size sheets; submission of which can be made in soft copy through
email or hard copy to the teacher concerned; however the oral presentation shall be
made by the students in the class only.

SYLLABUS

Units Modules
1. Industrialization

2. Rights of workers under the Indian Constitution:


Fundamental Rights of workers; Directive Principle
I
of State Policy.
Industrialiozation and
Worker’s Rights
3. Trade Unions Act 1926: Definition; Procedure for
registration of trade union; Immunities, Rights and
Liabilities of trade unions; Amalgamation and
Dissolution of registered trade unions.

52
1. Definition, Procedure for certification of Standing
Orders, Duration and modification of certified
standing orders
II 2. Misconduct of workmen
Standing Orders Act,
1948 3. Punishment for misconduct of workmen in
compliance with rules of natural justice: rule of fair
hearing and rule against bias.
1. Definitions: Industry, Industrial Dispute and
Workman
2. Methods for settlement of Industrial Dispute

III 3. Authorities for settlement of Industrial Dispute


Industrial Disputes 4. Collective Bargaining: Meaning and Significance of
Act, 1947 collective bargaining, Limitation of collective
bargaining, Essentials of effective collective
bargaining, Collective bargaining in India

1. Lay Off: Definitions and Provisions of valid lay-off


under Chapter VA and Chapter VB

2. Retrenchment: definition and provisions of valid


IV retrenchment under Chapter VA and VB
Industrial Disputes
Act, 1947 3. Strike: Meaning, Specific and general prohibition of
strike
4. Lock-out: Meaning, Specific and general prohibition
of Lock-out

Prescribed Books:
• Bagri, P.R. : Law of Industrial Disputes – 3rd Edition, Kamal Law House,
2006
• Malhotra, O.P. : Law of Industrial Disputes – 4th Edition, N.M. Tripathi Pvt.
Ltd., 1985
• Malik, P.L., Industrial Law- 21st Edition, Eastern Book Company, 2008.
• Sethi. D.D. : Commentaries on Industrial Dispute Act, 1947.
• Srivastava, K.D., : Disciplinary actions against industrial employees and its
remedies-2nd Edition, Eastern Book Company, 1988
• Srivastava, K.D. : Law relating to Trade Unions and Unfair Labour Practices
in India- 4th Edition, Eastern Book Company, 2003.

53
• Soonavala, J. K. : Supreme Court on Industrial Law- N.M. Tripathi, 1966.
• Report of the National Commission on Labour 1969 report of the Second
National Commission on labour 2002- Editor Ministry of Labour, Govt. of
India.
• Srivastava S.C.; Industrial Relations and Labour Laws 7th Edition, Vikas
Publishing House Pvt. Ltd. 2020.
• Paul, Meenu: Labour and Industrial Laws, Allahabad Law Agency

Suggested cases to be dealt by the teacher, tutorials, case study, Project and
Presentation for Labour Laws
• Dharangdhara chemicals works ltd. Vs. state of suarashtra AIR 1956 SC 264
• Banglore water supply and sewerage board vs. A.Rjappa AIR 1978 548
• S K Mainivs.M/s. Carona Sahu Company Ltd. AIR 1994 SC 1824
• Mahindra and Mahindra ltd vs. NB Narwade 2005 Lab IC 1333SC
• Buckingham and Carnatic Company ltd. Vs. Their Workmen AIR 1953 47
• All India Bank Employees Association vs. National Industrial Tribunal AIR 1962 SC
171
• HMT Ltd. Vs. HMT Head Office Employees Association AIR 1997 SC 171
• Bank of India vs. TS Kelawala (1990) 45 SC 744
• Executive Engineer ,ZP Engg Divn vs. Digbara Rao 2004 Lab IC 4052 SC
• Anil Bapurao Kanase v. Krishna Sahakari Karkhana ltd. AIR 1997 SC 2698
• Francis Klein &Co.ltd. vs. Workmen AIR 1971 SC 2414M
• Mario Raposo v. HM Bhandarkar 1994 II LLJ 680 (Bom)
• Birdi Chand vs. First Civil Judge AIR SC 644
• Rohtas Industries vs. Ramlakhan Singh AIR 1978 SC 849
• Western India Match Co. vs. Workmen AIR SC 2650
• Management Sahadara (Delhi) Saharanpur Light Railway Co. ltd. S.S. Railway
Workers Union AIR 1969 SC 573
• Lakshami Precision Screws ltd. Vs. Ram Bhagat 2002 III LLJ 516 SC

Note: - The list of cases is not exhaustive and the subject teacher is free to include
more case laws. Given case laws are meant to be used for tutorial class, project
presentation and discussion in theory classes.

54
Teaching Plan
Four lectures in a week will be devoted to theory and one tutorial class will be given for
preparing projects, presentations, case studies etc. Mentorship class shall be held
perweek for students.

Teaching Methodology
Classroom teaching – Lecture Method and Discussion. Project Submission and
Presentation to be taken in the tutorial class. There shall be discussions on case studies
and problem-based questions.

Facilitating the achievements of Course Learning Outcome


Students will learn the basis of Labour Laws comprising of the concept of the welfare
labour provisions and also the judicial attitude towards them through the study of various
judicial authorities on the concepts by making the use of lecture and the class
discussions. Apart from which project topic will be given by the subject teacher in the
tutorial class. Each student will prepare the topic allotted and make a presentation on the
topic in same class. Opportunities will be given to students to put forth their viewpoints
in front of their peers. Department shall also organize various activities including
workshops, special lectures, conferences, mooting activities, debates, declamations,
symposiums, etc. The students shall learn by participating, organizing, and competing in
these activities and students’ participation in any form in any of the activities shall be
encouraged, evaluated, and awarded.

55
LL.B. 3rd Semester

Paper- I – Law of Crimes - I

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

.UNIT-I
CRIMINAL LIABILITY

• General principle of criminal liability


• Actus non facitreum nisi menssitrea
• Actus me invitofactus non estmensactus
• Joint criminal liability with special reference to Sections 34, 35,36,37,
38; and Section149 IPC
• Corporate liability
• Strict liability

UNIT-II
GENERAL EXCEPTIONS----CHAPTER IV IPC

• Mistake of Fact (Sec. 76-79)


• Judicial acts (Sec. 77, 78)
• Defence of Accident (Sec. 80)
• Defence of Necessity (Sec. 81)
56
• Defence of Minority (Sec. 82, 83)
• Defence of Insanity (Sec. 84)
• Defence of Intoxication (Sec. 85, 86)
• Defence of Consent (Sec. 87-92)
• Communication made in good faith(section 93)
• Defence of compulsion (Sec. 94)
• Defence of Trifles (Sec. 95)
• Right of Private Defence (Sec. 96-106)

UNIT_III
INCHOATE OFFENCES

• Abetment (CH-V Sections 107-116)


• Criminal Conspiracy (CH-VA Sections 120A – 120B)
• Attempt (Sections 307, 308, 309, 393,398,and 511)

UNIT-IV

OFFENCES RELATING TO MARRIAGE AND OFFENCE OF DEFAMATION

• Marrying again during the lifetime of husband or wife (CH-XX Sections 494,495)
• Adultery (Section 497)
• Cruelty (CH-XXA 498-A)
• Law Of Defamation (Ch-XXI Sections 499, 500)

Suggested Readings:
1. Indian Penal Code by RatanlalDhirajlal 35th Edition Lexis Nexis
2. RSA Pillai Criminal Law 13th Edition Lexis Nexis
3. Textbook on Indian Penal Code; K D Gaur; 6th Edition; Universal Law
Publishing.
4. Indian Penal Code; Prof. S.N. Misra, 12th Edition, Central Law Publications.
5. Indian Penal Code with Commentary: WR Hamillon Ed. 2012, Universal Law
House.
6. Indian Penal Code; B M Gandhi 4th Edition Esatern Book Co. 2017.
7. Community on Indian Penal Code 2 Vols. BatukLal Ed. 2016 Thomsa Reuters.
8. Indian Penal Code; RA Nelson’s; 4 Vols. 11th Edition 2015 Lexis Nexis.

57
Paper-II
Property Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

History, object and scope of Transfer of Property Act, 1882


Definition clause (Ss 3,4)
What is transfer of Property, what can be transferred and Who can transfer (Ss 5,
6 & 7)
Accessory follows the principal and oral transfer (Ss 8,9)
Conditional transfers (Ss 10, 11, 12 and 17)
Transfer to unborn person and rules against Perpetuity (Ss. 13, 14, 15, 16, 18 &
20)

Unit II

Vested and Contingent Interest (Ss. 19, 21, 22, 23 and 24)
Conditional Transfers (Ss. 25-34)

58
Rule of Election (S. 35)
Rules governing apportionment (Ss. 36, 37)
Unit III

Transfer of Immovable property by one authorized to do it and one entitled to


maintenance there from (Ss. 38, 39)
Restrictive Covenants and their enforceability (Ss. 11 to 40)
Transfer by an ostensible owner (S. 41)
Rule of Feeding the Grant by Estoppel (S. 43)
Modes of Division of Immovable Property (Ss. 44-47)
Rule of Priority (S. 48)
Claim for insurance money and bonafide payment of rent (Ss. 49, 50)
Improvements by bonafide holders under defective titles (S. 51)
Rule of lispendens (S. 52)
Unit IV

Fraudulent transfers (S. 53)


Doctrine of Part-performance (S. 53A)
Sale-Definition, Mode of Execution Contract for Sale (Sec 54)
Mortgage- Definition; Kinds of Mortgage; Mode of Execution, Redemption and
foreclosure of mortgages; Clog on equity of redemption (Secs 58 to 60,67)

Suggested Readings:

1. Shah, S.M. Principles of the law of Transfer -3rd Edition Tripathi, 1982.
2. Mulla , Transfer of Property-10th Edition., LexisNexis Butterworths, 2006
3. Menon, K. Krishna : The Law of Property-Revised Edition, Orient Longman,
1971
4. Sen G.M.: The Law of Property: A Topical Commentary on the Transfer of
Property Act, 1882- Metropalitan Book Co. Pvt. Ltd., 1978
5. Gaur H.S. : Law of Transfer of Property-8th Edition, Law Publisher,1971
6. The Transfer of Property Act, 1882, Prof. G. P. Tripathi, Central Law
Publications, 2005
7. The Transfer of Property Act, Dr. S. N. Shukla, Allahabad Law Agency,
2008
8. The Transfer of Property Act, A. K. Ray, Law Publishers, 1962
9. The Transfer of Property Act, 1882, B. B. Mitra and Sen Gupta, Kamal Law
House, 2008

59
Paper-III
Labour Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

1. Historical Perspectives on Labour including its exploitation.


2. Constitutional Mandate and Human Rights of Labour.
3. Concept of trade unionism and history of trade union in India
4. Control and protection of trade unions under the Trade Unions Act 1926
(concept, registration, rights, immunities, liabilities and dissolution).
Unit II

5. Concept of standing orders, their certification and amendment.


6. Meaning of misconduct and punishment for the same including
compliance with the principles of natural justice.
7. Concept of factory, manufacturing process and worker.
8. Employer’s obligation for health, safety and welfare of workers including special
provisions relating to young persons and women.

60
Unit III

9. Industrial Disputes Act, 1947, its evolution and basic object.


10. Concept of Industry, industrial dispute, workman, unfair labour practices and
appropriate government.
11. Methods of settlement of industrial disputes including through
collective bargaining.
12. Authorities for settlement of industrial disputes, their appointment, constitution,
powers and duties.
Unit IV

13. Reference of Industrial Disputes to various authorities including voluntary reference


of disputes to arbitration.
14. Meaning of award, settlement, their commencement, binding nature, enforcement and
judicial review of awards.
15. Strikes and lockouts.
16. Concept of lay off, retrenchment and closure and power of the states to regulate them.

Statutory Readings:
1. Trade Union Act, 1926
2. Industrial Employment (Standing Orders) Act, 1946
3. Industrial Disputes Act, 1947
4. Factories Act, 1948

Suggested Readings:

1. Bagri, P.R. : Law of Industrial Disputes- 3rd Edition , Kamal Law House,2006
2. Malhotra, O.P : Law of Industrial Disputes- 4th Edition, N.M. TripathiPvt.Ltd., 1985
3. Malik, P.L : Industrial Law- 21st Edition, Eastern Book company, 2008
4. Seth, D.D. : Commentaries on Industrial Disputes Act, 1947
5. Srivastava, K.D : Disciplinary actions against industrial employees andits remedies.-
2nd Edition, Eastern Book Company, 1988
6. Srivastava, K.D. : Law relating to Trade Unions and UNFAIR LabourPractice in
India.- 4th Edition , Eastern Book Company, 2003
7. Soonavala, J.K. : Supreme Court on Industrial Law- N.M.Tripathi, 1966
8. Report of the National Commission on Labour 1969 eport of the SecondNational
Commission on Labour 2002- Editor Ministry of Labour, Govt. ofIndia.
9. Srivastava, K.D.: Commentaries on Factories Act, 1948- Eastern BookCompany,
1963.
10. Srivastava, S.C. : Commentaries on the Factories Act, 1948- 3rd Edition, Eastern
Book Company, 1975.

61
Paper – IV & V (a) : Information Technology Act & RTI Act

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

Information Technology Act 2000

1. Advantages and Disadvantages of Internet Technology


2. Information Technology Act 2000 : Need, Aims, Objectives and Applications
(Section 1)
3. Definitions
a. Computer [Section 2(i)]
b. Computer Network [Section 2(j)]
c. Computer Resource [Section 2(k)]
d. Computer System [Section 2(i)]
e. E-record [Section 2(t)]
f. Information [Section 2(v)]
g. Asymmetric crypto system [Section 2(f)]
h. Virus
4. E-Governance [Sections 4 – 10A]
5. Attribution, Acknowledgement and Dispatch of e-record [Sections 11 – 13]
Unit II

Information Technology Act 2000


1. Regulators [Sections 17 – 29]
2. Certifying Authority [Sections 30 – 34]
62
3. Cyber contraventions and penalty [Sections 43 – 45]
4. Offences [Sections 65 – 74, 76]
Unit III

Information Technology Act 2000

1. Extra territorial jurisdiction [Sections 75]


2. Compoundable, Cognizable and bailable offences [Sections 77 – 77B]
3. Investigation and procedure of search and seizure [Sections 78 & 80]
4. Intermediary not liable in certain cases [Sections 2(w), 79]
5. Grey areas of IT Act 2000
6. Trademark issues in Digital medium
Unit IV

Right to Information Act, 2005

1. Reasons, Aims, Objectives and Application [Sections 1]


2. Definitions;
i. Information (Section 2(f) )
ii. Public Authority (Section 2(h) )
iii. Record (Section 2 (i) )
iv. Right to Information (Section 2(j) )
3. Right To Information and Obligation of Public Authorities [Sections 3-11]
4. Central Commission [Sections 12-14]
5. Power and Penalties [Sections 18-20]
6. Miscellaneous Provisions (Sections 21-24)

Suggested Readings:
1. Bare Act of Information Technology Act, 2000, Universal Publishing Co. Pvt. Ltd.,
(2009).
2. NandanKamath, A Guide to Cyber Laws and IT Act, 2000 with Rules and
Notifications, Universal Law Publisher, 3 rd Edition, (2007).
3. Vakul Sharma, Information Technology: Law & Practice, Universal Law Publisher, 2
nd Edition, (2007).
4. Dr. Farooq Ahmed, Cyber Law in India, New Era law Publisher, 3 rd Edition, (2008).
5. PragDiwan&ShammiKapoor, Cyber and E-commerce Law, 2 nd Edition, Bharat
Publisher, (2000).
6. Diane Rowland & Elizabeth, Information Technology Law, 3 rd Edition, Oxon
Cavendish Publishing, 2006.
7. V.K. Unni, Trade marks and the Emerging Concepts of Cyber property Rights, Eastern
Law House, 2005.
8. D.P. Mittal, Law of Information Tech. (Cyber Law), Taxmann, 2000.
9. Dr. AmitaVerma, Cyber Crimes and Law, Central Law Publishers, Allahabad (2009)
10. Dr. AmitaVerma, Cyber Crimes in India, Central Law Publishers, Allahabad (2012)

63
Paper – IV & V (b) : Land Laws

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

Unit- I

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation


and Resettlement Act, 2013

-History, Object, Scope, Applicability and Salient Features of the Act, 2013.

Definitions (Section3) Determination of Social Impact and Public Purposes (Sections 4-


9) Special Provision to Safeguard Food Security (Section 10) Notification and
Acquisition (Sections 11-30) Rehabilitation and Resettlement Award, and Procedure and
Manner of Rehabilitation and Resettlement (Section 31-47) Establishment of Land
Acquisition, Rehabilitation and Resettlement Authority (Sections 51-74)

64
Unit- II

The Punjab Land Revenue Act, 1887

History, Objects, Scope and Applicability of the Punjab Land Revenue Act, 1887
Definition and Exclusion of certain Land from Operation of Act (Sections 3-4) Revenue
Officers and Administrative Control (Sections 6-16) Village Officers (Sections 28-30)
Record of Rights and Annual Records (Sections 31-47)

Unit- III

Collection of Land Revenue (Sections 61-78) Partition (Sections 110-126)

The Punjab Rent Act, 1995

-History, Objects, Scope and Applicability of the Punjab Rent Act, 1995

Repealing of the East Punjab Urban Rent Restriction Act, 1949 (Section 75 of the Punjab
Rent Act, 1995)

Definition and Exemption of Premises from the Operation of the Punjab Rent Act, 1995
(Sections 2 and 3) Registration of Tenancy Agreement and Inheritability of Tenancy
(Sections 4 and 5)

Unit- IV

Rent Structure under the Punjab Rent Act, 1995 (Sections 6-16) Repairs of Premises
(Section 17-19) Protection of Tenants against Eviction (Sections 20-35)

Suggested readings:

1. AnupamSrivastava, Monica Srivastava, (2014) “Guide to Right to Fair


Compensation and Transperancy in Land Acquisition, Rehabilitation &
Resettlement Act, 2013”, Wolters Kluwer (India) Pvt Ltd, Gurgaon.
2. Jairam Ramesh, Muhammad Ali Khan, (2015), “Legislating for Justice: The
Making of the 2013 Land Acquisition Law”, Oxford University Press, New
Delhi.
3. Govt. of Punjab, (1976) “Land Code”, Govt. Press, Chandigarh.
4. Bhagatjit Singh Chawla, (2007) “The Punjab Land Revenue Act, 1887”
ChawlaPublication (P) Ltd., Chandigarh.
5. Om PrakashAggarwala,(2008) “Commentary on Land Acquisition Act” Universal
Law Publishing Co.P Ltd, New Delhi.
6. D.N. Jauhar,(1998) “Rent Matters on Trial”, The Punjab Law Reporter Press,
Chandigarh.
7. H.L. Sarin,(1985) “Rent Restrictions in Punjab, Haryana, Himachal and
Chandigarh”, Vinod Publication, Delhi.
65
8. G.S.Nagra, Advocate (2008), Punjab Land Record Manual, Chawla Publications,
Chandigarh.
Bare Acts:
9. The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
10. The Punjab Land Revenue Act, 1887
11. The Punjab Rent Act, 1995
12. The East Punjab Urban Rent Restriction Act 1949

Paper- IV & V (c) : International Organisations, Human Rights and Humanitarian


Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks


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

Moot Diary: 10 marks


Moot Presentation: 10 marks

Theory Examination- 80 marks


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

UNO

1. Preamble, Purpose and Principles of UN Charter[ Article 1-2]


2. Membership [ Articles 3-6]
3. General Assembly [ Articles 8-22]
4. Security Council [ Articles 23-32]
Unit- II

UNO

1. Economic & Social Council [ Articles 61-72]


66
2. International Court of Justice [Articles 92-96 and important provisions of statute
of ICJ]
3. Secretariat [ Article 97-101]
4. Trusteeship Council
5. Amendment [Articles 108-109]
Unit –III

UNO

1. International Human Rights : Definition and Concept


2. International Bill of Human Rights
3. The Protection of Human Rights Act, 1993
i. Salient features
ii. NHRC
iii. SHRC
iv. Human rights Courts
Unit- IV

International Humanitarian Law(IHL)

1. International Humanitarian Law: Meaning, Origin and Historical Development


2. Law relating to international armed conflict
a. Geneva Convention of 1949 dealing with Prisoners of War and Civilians.
b. Geneva Convention of 1949 dealing with Sick, Wounded and Ship-
wrecked Persons.
c. Protocol I and III
3. Law relating to Non- international armed conflict
a. Article 3 Common Clause and Protocol II
4. ICRC and its role in implementing IHL
Suggested Readings:
1. J.G. Starke: Introduction to International Law, 11th Edition, Oxford University Press,
(1994).
2. L. Oppenhein, Pearson Education, Vol. I and Vol. II, 2nd Edition (2005).
3. Max Sorensen: A Manual of Public International Law, Macmillan, 1968
4. G.H. Glahn: International Law
5. S.K. Kapoor: International Law, 16 th Edition, Central Law Agency, 2007.
6. S.K. Verma: Public International Law.
7. H.O. Aggarwal: International Law, 16 th Edition, Central Law Publisher, (2007).
8. Darren J.D’ Byrne : Human Rights : An Introduction
9. ParasDiwan: Human Rights, Deep and Deep Publication, (1996).
10. P.S. Jaswal&NishthaJaswal: Human Rights and Law, APH Publishing Co., (1996).

67
Paper- IV &V(d) : Interpretation of Statutes and Principles of Legislation

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

Principles of Legislation

1. Meaning of Legislation
2. Principles of Legislation
3. Types of Legislation
4. Meaning of Statutes
5. Types of Statutes
6. Operation of Statutes
a. Commencement
b. Repeal
c. Retrospective effect

68
UNIT –II

General Principles of Interpretation

1. Literal Construction
2. Harmonious Rule
3. Mischief Rule
4. Strict Rule
5. Golden Rule
6. Purposive Interpretation
7. Role/Relevance of Grammatical Construction in Interpretation of Statute

UNIT-III

Internal Aids to Interpretation


External Aids to Interpretation

UNIT- IV

Latin Maxims:
1. Nositur a sociis
2. Ejusdem generic
3. Stare decisis
4. Mensrea
5. Generaliaspecialibus non derogant
6. In pari material
7. Lex non cogit and impossibilia
8. Sauspopulisupremalexesto
9. Per incurium
10. Ratio Decedendi
11. Pari Delicto
12. Non Obstante

Suggested Readings:

1. Jintia G.P. Singh – Principles of Statutory Interpretation.

2. Maxwell on the Interpretation of Statutes, 12th Edition, 16th Impression 2008.

3. Mathur D.N. - Interpretation of Statutes, 5th edition 2015

4. Justice G.P. Singh - Interpretation of Statutes, 12th edition 2009.

5. Bhatacharya T - Interpretation of Statutes, 10th edition, 2017

6. J Benathm - Priniciples of Morals and Legislation

69
LL.B 4th Semester

Paper-I
Law of Crimes-II

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks


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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks


For the theory examination, the whole syllabus shall be divided into four units. Question paper
will be divided into 5 units. Question No. 1 of Unit I shall be compulsory covering all the four
units of the syllabus and shall consist of four parts. Out of four parts at least two parts must be
problem based.This compulsory question shall be of 20 marks. There will be two questions in
each unit i.e. Unit II, Unit III, Unit IV and Unit V and the candidates will be required to attempt
one question from each unit. Each question of these units shall be of 15 marks.
UNIT-I
Culpable Homicide (Sec. 299, 304)
Murder (Sec. 300, 302)
Causing Death by Negligence (Sec. 304A)
Dowry Death (Sec. 304B)
Abetment of Suicide (Sec. 306)
Hurt (Sec. 319-323)
Grievous Hurt (Sec. 320, 325-338)
Wrongful Restraint (Sec. 339, 341)
Wrongful Confinement (Sec. 340, 342)
Force (Sec. 349)
Criminal Force (Sec. 350)
Assault (Sec. 351)
Kidnapping (Sec. 359, 360, 361, 363)
Abduction (Sec. 362, 364-367)
Trafficking of person (Section 370)

70
UNIT-II
SEXUAL OFFENCES
Outraging Modesty of a Woman (Sec. 354, 509)
Sexual harassment (section 354A)
Assault or use of criminal force with intent to disrobe (Section 354B)
Voyeurism (Section 354C)
Stalking (Section 354 D)
Rape (Sections 375-376E)
Unnatural Offences (Sec. 377)
UNIT -III
Theft (Sec. 378-382)
Extortion (Sec. 383-384)
Robbery (Sec. 390, 392)
Dacoity (Sec. 391, 395, 396)
Criminal Misappropriation (sections 403, 404)
Criminal Breach of Trust (sections 405-409)
Receiving Stolen Property (Sections 410-414)

UNIT-IV
Cheating (Sections 415-420)
Mischief (Sections 425,426)
Criminal Trespass (Sections 441,447)
House Trespass (Sections 442, 448)
House breaking (Sections 445,453)
Forgery (Sections 463, 465, 468)
Making false document (Section 464)

Suggested Readings:
1. Indian Penal Code by RatanlalDhirajlal 35th Edition Lexis Nexis
2. RSA Pillai Criminal Law 13th Edition Lexis Nexis
3. Textbook on Indian Penal Code; K D Gaur; 6th Edition; Universal Law Publishing.
4. Indian Penal Code; Prof. S.N. Misra, 12th Edition, Central Law Publications.
5. Indian Penal Code with Commentary: WR Hamillon Ed. 2012, Universal Law House.
6. Indian Penal Code; B M Gandhi 4th Edition Esatern Book Co. 2017.
7. Community on Indian Penal Code 2 Vols. BatukLal Ed. 2016 Thomsa Reuters.
8. Indian Penal Code; RA Nelson’s; 4 Vols. 11th Edition 2015 Lexis Nexis.

71
Paper-II
Company Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

Company – Meaning, Definition and kinds of companies


Theory of Corporate Personality, Lifting of Corporate Veil
Incorporation of Companies: position of promoters, pre-incorporation and provisional contracts
Memorandum of Association: Clauses, alteration, Doctrine of ultra Vires
Articles of Association: Contents and alteration
Certificate of incorporation and its Consequences; Commencement of Business
Doctrine of Constructive Notice and Indoor Management

Unit-II

Prospectus – Definition; contents; Shelf-Prospectus and Red Herring Prospectus; Liability for
mis-statements in Prospectus
Shares: Kinds of share capital; general principles and statutory provisions
related to allotment; Call on Shares; Surrender of Shares; Forfeiture of Shares
Dematerialized form of securities; Transfer and transmission of securities

72
Unit-III

Debt Capital: Debentures – meaning, kinds; Charge – Floating and fixed charge
Difference between share-holders and debenture-holders
Membership in a Company: Modes of acquiring membership, who can be a member, cessation of
membership and Register of Members
Directors: position, appointment, qualifications, disqualifications, powers
and duties of directors; Director Identification Number
Meetings: Kinds and Procedure – Notice, Quorum, Chairman, Proxies and Voting

Unit IV

Majority rule and minority protection and its exceptions


Prevention of Oppression and Mismanagement: who can apply, powers of Central Government
Winding up: modes of winding up – by court, voluntary winding up by members and creditors
under Insolvency and Bankruptcy code, 2016, winding up subject to supervision of courts

Statutory Material:

The Companies Act, 1956


The Companies Act, 2013 (as per the Notification of the Ministry of Corporate Affairs,
Govt. of India, dated September 12, 2013 and March 26, 2014) Insolvency and Bankruptcy code,
2016

Suggested Readings:
1. Bharat’s Companies Act, 2013, Ravi Puliani and Mahesh Puliani, Bharat Law House
Pvt. Ltd., New Delhi, 2014.
2. Company Law: Piercing the Corporate Veil, D.S. Chopra and NishantArora, Eastern Law
House, New Delhi, 2013.
3. Indian Company Law, Avtar Singh, Eastern Book Company, Lucknow, 2009.
4. Taxmann’s Company Law and Practice, A.K. Majumdar, Taxmann Publications (P) Ltd.
New Delhi, 2009.
5. Guide to Companies Act, A. Ramaiya, Wadhwa and Co., Agra, 2004.
6. Company Law, H.K. Saharay, University Law Publishing Co., Delhi, 2008.
7. Indian Company Law, M.J. Sethna, Modern Law House, Allahabad, 2010.
8. Companies Act, 1956, P.S. Naryana, ALT Pub., Hyderabad, 2006.
9. Company Law, D.S.R. Krishnamurti, Taxmann Allied Services, New Delhi.
10. Company Law, N.V. Paranjape, Central Law Agency, Allahabad, 2006.
11. Principles of Company Law, KailashRai, Allahabad Law Agency, Faridabad, 2006.

73
Paper – III
Administrative Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

Unit-I
Meaning of Administrative Law: its nature, scope and reasons for growth;
Difference between Constitutional Law and Administrative Law; Droit
Administratif; Separation of Powers; Rule of Law: its meaning, scope and relevance under the
Indian Constitution; Central Vigilance Commission

Unit-II

Delegated Legislation: causes for its growth; constitutionality of delegated


Legislation; controls and delegated legislation; conditional legislation;
Retrospective delegated legislation; Administrative Discretion: meaning and control

74
Unit III

Statutory Public Corporations: their nature, liability, constitutionality and controls of statutory
public corporation; Principles of Natural Justice including post-decisional Hearing and
exclusion of principles of Natural Justice; Ombudsman : its origin, developments, nature and
purpose;

Unit-IV

Judicial review of Administrative Action: Principles, Grounds, Modes including Writs and
exclusion of Judicial Review; Liability of Administration in tort and contract; privileges and
immunities of the Administration including promissory estoppel and legitimate expectation;
Doctrine of proportionality

Suggested Readings:

1. H.W.R Wade and C.F. Forsyth, Administrative Law, Tenth Edition.


2. M.P. Jain: Administrative Law, 6th Edition, Wadhwa, (2007).
3. C.K. Takkar, Lectures on Administrative Law, 3rd Edition, Eastern Book Company, 1998
(Takwani).
4. I.P. Massey : Administrative Law, Eastern Book Company, 7th Edition, Eastern Book
Company, (2008).
5 Devinder Singh, An introduction to the Administrative law, 2nd Edition, Aallahabad Law
Agency, 2016
6 KailashRai, Administrative Law, Allahabad Law Agency
7 UpendraBaxi, Administrative Law, Eastern Book Company

75
Paper – IV : Environmental and Wild Life Protection Laws

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

UNIT -I

Environment Protection : -Genesis of the problem –-Religious and cultural heritage in India --
Common Law Remedies --Statutory Remedies under provisions of IPC/Cr.P.C./CPC. -
Constitutional provisions and environmental protection in India: - Directive principles of State
Policy and Fundamental duties [Articles48A and 51(g)]- Fundamental Rights-Right to live in
healthy environment- Articles19 and14 and environment protection.

UNIT-II

International concern for environment protection and sustainable development : --Stockholm


Declaration of 1972 --World Commission on Environment and Development 1987 --Rio-
Declaration 1992-United Nations Conference on Sustainable Development 2012(Rio+20)-
Sustainable Development, its salient features with special reference to “Precautionary Principle
and the Polluter Pays Principle’ -Role of judiciary in India in promoting sustainable
76
development; Climate Change:--United Nations Framework Convention on Climate change-
Kyoto Protocol-Intergovernmental Panel on Climate Change.

UNIT-III

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
UNIT -IV

The National Green Tribunal Act, 2010;


Noise Pollution and its Control including Noise Pollution (Regulation and Control) Rules 2000;
Wild Life (Protection) Act, 1972;
Forest (Conservation) Act, 1980.

Suggested Readings:

1. P.S. Jaswal&NishthaJaswal : Environmental Law


2. R.G. Chaturvedi& M.M. Chaturvedi : Law of Protection on Environment and Prevention
of Pollution
3. P. Leela Krishnan : Law and Environment
4. ParasDiwan: Environmental Protection
5. Rosen Cranz&Diwan : Environmental Law and Policy in India
Bare Acts :

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


7. The Air (Prevention and Control of Pollution) Act, 1981 ;
8. The Environment (Protection) Act, 1986 ;
9. The Public Liability Insurance Act, 1991 ;
10. The National Green Tribunal Act, 2010; Wild Life (Protection) Act, 1972 ; The Forest
(Conservation) Act, 1980.

77
Paper- V(a) : Law of Taxation

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks


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

UNIT I

Income Tax Act, 1961

1. Meaning of Tax, tax and fee, Direct and indirect tax


2. Income Tax Act, 1961: Definitions
i. Agriculture Income [Section 2(1A)]
ii. Assessee [Section 2(7)]
iii. Assessment Year [Section 2(9)]
iv. Person [Section 2(31)]
v. Previous Year [Section 3]

3. Basis of Charge [Sections 4 -9]


a. Charge of Income Tax [Section 4]
b. Total Income [Section 5]
c. Residential Status [Section 6]
d. Income Deemed to accrue or rise in India [Section 9]

4. Income Deemed to accrue or rise in India [Section 9] 4. Incomes, which do not form part of
Total Income [Sections 10(1), 10(2), 10(2A), 10(7), 10(10), 10(10A), 10(10AA), 10(10B),
10(10C), 10(10CC), 10(10D), 10(11), 10(12), 10(13), 10(13A), 10(14), 10(16), 10(17),
10(17A), 10(18), 10(23C), 10(32)]

78
Unit II
1. Salary [Sections 15-17]
2. Income from house property [Sections 22-27]
3. Profit and Gains of business or profession [Sections 28, 29, 30, 31, 32 and 37]
4. Capital Gain [Sections 2(14), 2(47), 45-48, 51, 54-54H, 55]

Unit III

Income Tax Act, 1961

1. Income from other sources [Sections 56-59]


2. Income of other persons to be included in Assessee total income [Sections 60-65]
3. Aggregation of Income [Sections 68-69-D]
4. Set off or Carry Forward and Set off of Losses [Sections 70-80]
5. “Meaning of gross Total Income [Section 80B]

Unit IV

1. Main Deductions under Chapter VI A


i. Section 80 C
ii. Section 80 CCC
iii. Section 80 CCD
iv. Section 80 U
2. Deduction of Tax at Source [Sections 192, 194B, 194C, 194I ]
3. Advance Tax [Sections 207-211]”
4. Goods and services Tax Act 2017

i. The Constitution (122nd Amendment) Act 2017


ii. Types of GST; ICST, CGST and SGST
iii. The CGST Act 2017: aims, objectives and Features of CGST

Suggested Readings:

1. KailashRai: Taxation Laws, 9 th Edition, Allahabad Law Agency, 2007


2. Kanga &Palkhiwals: The Law and Practice of Income Tax, The Law and Practice of Income
Tax- 7 th Edition, N.M.Tripathi, 1976
3. GrishAhuja, Direct taxes law and practice, Bharat, 18 th Edition, Bharat Publisher, (2008-09).
4. Vinod K. Singhania: Direct Taxation: Law and Practice of Income Tax, Taxman, 36th
Edition, (2007).
5. Income Tax Act, 1961
Bare Act
6. Income Tax Rules 1962 : Bare Act

79
Paper – V (b) : Intellectual Property Laws

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Moot Diary : 10 marks


Moot Presentation : 10 marks

Theory Examination- 80 marks

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

UNIT I

Concept, Nature and scope of Intellectual Property


Historical development of IPR: General features of Paris Convention 1883, Berne convention
1886
Objective and Basic principles of Agreement on Trade Related intellectual property rights
(TRIPs) (Part-1 Article –1 Article-8)
Objective and the role of World Intellectual Property Organization (WIPO)

UNIT II

Copyright Act, 1957


Meaning of copy right and Works in which copyright subsists (Ss 2-8 and Ss 13-16)
Authorities, (Sec. 9-11)
ownership and assignment of copyright (Ss 17-21 ) and Ss 74-77
Terms of copyright (Ss. 22-29)
Rights of ‘Broadcasting Organisation” and of “Performers” (Secs.37-39)
infringements and civil remedies (Ss. 51-62)

80
UNIT III
Patents Act, 1971
Objectives of Patent Act, 1970,
Inventions which are not patentable, (Ss 3-4)
Application for patents ( Ss. 6-8).
Specification of invention, Publication and examination of application, “Anticipation and powers
of the Controller with respect to application (Ss. 9-20 and Ss. 57-59).
Assignment of patents, compulsory licences (Ss. 68-69 and Ss. 83-92 A)

UNIT IV
Trade Marks Act, 1999
Objectives and salient features of Trade Marks Act, 1999.
Trade mark –definition and essential features of Trade mark
Concept of similar trade mark
Absolute and Relative grounds for refusal for registration of trade marks.(Ss 9-16,133)
Defence of “Acquiscence”. (Sec. 33)
Effect of Registration “Infringement” and “passing off” the deceptively similar trade marks
(Ss. 27-31)
Reliefs (Sec. 135)

Suggested Readings:
1. Intellectual Property Rights by DebroyBibek
2. Intellectual Property, Patents, Copyright, trade marks and allied rights by W.R. Cornish.
3. “Kerly’s Law of trade marks and trades names by R.G. Lloyd
4. Law of Intellectual Property Rights : Introductory, WTO, Patent Law, Copyright law,
Commercial domain by Shiv Sahay Singh
5. Bare Acts of :
Copyright Act, 1957
Patents Act, 1970
Trade Marks Act, 1999

81
LL.B. 5th Semester
Paper – I : Law of Evidence

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

Unit I
The main features of Indian Evidence Act, 1872
Preliminary (Sections 1 – 4)
Relevancy of facts (Sections 5-16)
Admissions and Confessions (Sections 17-31)
Unit II
Facts need not to be proved (Sections 56-58)
Of Oral evidence (Sections 59-60)
Statement by person who cannot be called as witnesses (Sections 32-33)
Statements made under special circumstances ( Sections 34-38)

82
How much of a statement is to be proved (Section 39)
Judgments of courts of justice, when relevant (Sections 40-44)
Opinion of third persons, when relevant (sections 45-51)
Character when relevant (Sections 52-55)
Unit III
Of Documentary Evidence (Sections 61 - 73A)
Public documents (Sections 74-78)
Presumptions as to documents (Sections 79 – 90A)
Of the Exclusion of oral by documentary evidence (Sections 91-100)
Unit IV
Of Burden of Proof (Sections 101 – 114A)
Estoppel (Sections 115-117)
Of Witnesses (Sections 118-134)
Of Examination of Witnesses (Sections 135 – 166)
Of Improper Admission and Rejection of Evidence (Section 167)
Industrial Tribunal and the Law of Evidence

Suggested Readings:
Albert S. Osborn, The problem of Proof
Avtar Singh, Principles of the Law of Evidence (2008) Central Law Agency, New Delhi Ameer
Ali and Woodroffe- Law of Evidence, Butterworths 18th Ed. (2009)
Phipson and Elliot Manual of Law of evidence, Universal publishing, New Delhi, 2001
Polein Murphy, Evidence (5th Edn. Reprint 2000) Universal Delhi
Rattan Lal, DhirajLal: Law of Evidence (1994) Wadhwa, Nagpur
Sarkar and Manohar, Sarkar on Evidence (1999), Wadhwa and Co. Nagpur
Vepa P. Sarathi’s Law of Evidence, Eastern Book Company, 2017
Wigmore on Evidence, Tillers (revised ed. 1983), Kluwer India Pvt. Ltd., 2008

83
Paper – II: Criminal Procedure Code-I

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

Unit I
1. Rationale of the Criminal Procedure Code and importance of fair trial; Effect of delay in
criminal trial (justice delayed is justice denied, Justice hurried is justice buried).
2. Functionaries under the Criminal Justice Administration and their Role (Role of Courts,
Police, Public Prosecutors, Corrective Service Personal, Defense Lawyer).
Appointment and Qualification etc of Public Prosecutor and Assistant Public Prosecutor,
(Section 24-25); Directorate of Prosecution (Section 25A).
3. Definitions under Section 2 and distinguish between:
Cognizable and non cognizable offence; Basis of distinction between cognizable and
non-cognizable offences; Summon Cases and warrant cases; Bailable warrant and non
bailable warrant; Inquiry and investigation; Appearance and attendance; Complaint, FIR
and Protest petition; Compoundable and non-compoundable offences; Acquittal,
Discharge and Dismissal; Concurrent and consecutive punishments; Judicial remand
and Police remand; Summary trial and Summons Trial; Judgment and Judgment in
abridged form; Compensation and Costs; Inquiry, Inquest and Trial; Denovo trial or
Retrial; Conviction and Sentence; Acquittal based on benefit of doubt and Honorable
Acquittal; Probation and Parole; Burden of proof in crime and who will lead evidence.
4. Classification, hierarchy and organization of criminal courts. (Sections 6 -23);
Powers of Courts (Sections 26 -35).

84
UNIT – II
1. Aid to Magistrates and Police (Sections 37-40) and Consequences of non-furnishing
of information.
2. Arrest (Sections 41 – 60A); Special provisions of arrest related to woman, judicial
officers, President of India and Governors; Rights of arrested persons.
3. Process to compel appearance – Summons (60 - 69)
4. Warrants (Sections 70-81), Kinds of warrants, cancellation of warrants.
5. Proclamation and Attachment (82-86), Miscellaneous Provisions (Sections 87 – 90)
6. Process to compel production of things (Sections 91 – 105 & 165)

UNIT - III
1. Maintenance (Sections 125 – 128) – Essential conditions under section 125, Nature of
proceedings and limitation under section 125, Failure to comply with order under section
125, Maintenance to parents, Application of section 125 to Muslim wives, Maintenance
to children, Procedure (section 126), Alteration in allowances (section 127), Enforcement
of order of maintenance (Section 128),Maintenance and live-in relations.
2. Initiation of criminal case (FIR, investigation) (Sections 154 – 176); Who can lodge,
validity of confessional FIR, Evidentiary value of FIR, delay in lodging FIR, Procedure
when police refuses to lodge FIR, Liability of a person filing a false FIR, Quashing of
FIR, Remedy when police refuses to investigate or delays investigation.
3. Jurisdiction of Criminal Courts (Sections 177-189); Consequences of failure to follow
rules regarding jurisdiction.
4. Security for keeping peace and for good behavior (Sections 106 -110)
5. Maintenance of Public order and tranquility (Sections 129 -137)

Unit –IV
1. Conditions Requisite for initiation of proceedings (Sections 190 – 199)
Cognizance of offence, Cognizance by Magistrate not empowered, Limitation on the
power to take cognizance, Can the Magistrate take cognizance when no offence as such is
made in the investigation Report, Can cognizance be taken against a person not accused?,
Can Magistrate direct the police to submit charge sheet?.
2. Complaint to Magistrates (Section 200 – 203), Complaint, essentials of complaint,
Dismissal of complaint, Remedy in case of false and frivolous complaints, When action
can be taken in a false complaint?, Intermediary action in case of false complaints
3. Commencement of Proceedings before Magistrates(Sections 204 – 210)
4. Plea Bargaining (Sections 265A – 265L), Concept, Procedure, Application, Merits and
Demerits, Indian Judiciary and its approach towards plea bargaining, Difference between
plea bargaining and compounding of offences.
Suggested Reading
1. Mulla – Commentary on the Code of Criminal Procedure (2015)
2. K.N ChandrasekharanPillai, (ed) – Kelkar’s Criminal Procedure
3. Rattan Lal&DhirajLal – Criminal Procedure Code
4. Benny Paul - Simplified Approach to Criminal Procedure Code

85
Paper – III: Service Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internshipmarks: 5 marks

Theory Examination- 80 marks

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

Unit-I
Constitutional right of equality (Articles 14 to 16) in relation to service matters including
reservation in the services, Compassionate Appointment, Principles of equal pay for equal work,
status and rights of adhoc employees and daily wagers and their regularization.
Unit II
Article 323-A of the Constitution, Administrative Tribunals, their Constitution, powers,
jurisdiction and procedure under the Administrative Tribunals Act, 1985 along with the
provisions of the Administrative Tribunals (Amendment) Act, 2006; Services under the Union
and the States (Articles 309-311) and Article 320, compulsory retirement; probation

86
Unit III
Suspension and subsistence allowance (with special reference to CCS (CCA) Rules 1965),
Principles for determining of seniority and Quota Rota Rule; Annual Performance Appraisal
Report (APAR); Deputation
Unit IV
Deputation, Major and Minor Penalties, Conduct and procedure of disciplinary departmental
enquiries (including preliminary inquiry, charge sheet, Statement of defence inspection and
supply of copies of documents, production of evidence, appointment of enquiry officer, enquiry
report, hearing if any on the question of penalty and final competent authority) (with special
reference to CCS (CCA) Rules, 1965)

Suggested Readings:
1. A.S. Bhatnagar : Guide to Departmental Problems Enquiries, Punishment & Appeal
2. G.V. Singh : Law of Suspension, Penalties and Departmental Enquiries
3. MuthuSwami : Departmental Proceedings
4. Babita Devi, Service laws in India
5. A.S. Ramchandaran : Law relating to Departmental Enquiries
6. NarinderKumar : Law relating to Government Services and Management of Discipline
Proceedings.

87
Paper – IV: Civil Procedure Code

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

Unit-I
 General Definitions including Decree and Mesne Profits
 Jurisdiction of Courts (Ss 6 & 9)
 Res Subjudice (S.10)
 Res Judicata (S.11)
 Parties to Suits (Order 1)
 Place of Institution (Ss 15-21A)
 Pleadings Generally (Order VI)
 Amendment of Pleadings (Order VI Rule 17)
 Plaint (Order VII)
 Rejection and Restoration of Pleadings (Order VII Rule 11)
 Written Statement, Set off, Counter Claim (Order VIII)
 Setting aside Exparte Order (Order IX Rule 6)

88
Unit-II
 Appearance of Parties (Order IX)
 Notice (Ss 79, 80)
 Interpleader Suits (Ss 88, 90, Order XXXV, XXXVI)
 ADR Enabling Provision (Section 89)
 First and Second Appeal (Order XLI & XLII)
 Reference (Sec. 113, Order XLVI)
 Review (Sec. 114, Order XLVII)
 Revision (Sec. 115)
 Inherent Powers of Court
Unit-III
 Execution Proceedings (Ss 36-40, 45-47, 49, 50, 51, 60, 65)
 Arrest and Detention (Ss 55-59)
 Attachment of Property (Orders 41-57)
Unit-IV
Limitation Act, 1963
 Definitions
 Bar of Limitation, (Ss 3 to 5)
 Legal Disability and effect thereof (Ss 6 to 9)
 Computation of Period of Limitation (Ss 12-24)
 Easements (Ss 25-27)

Suggested Readings
1. M.P. Tandon: Civil Procedure Code
2. C.K. Takwani: Civil Procedure Code
3. Sir DinshawFardunjiMulla: The Code of Civil Procedure
4. Sanjeev Row: The Code of Civil Procedure
5. D.N. Mathur: The Code of Civil Procedure
6. Prof. M.P. Jain: The Code of Civil Procedure
7. Bare Acts as amended upto date

89
Paper –V (a): Laws relating to Registration, Limitation and Trust

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

UNIT – 1 (Indian Registration Act, 1908)


1. Of Registration Establishment (Sections 3 -16)
2. Registrable Documents (Section 17 – 18)
3. Time of Presentation of Documents (Sections 23 - 27)
4. Place of Registration ( Sections 28 – 31)
5. Presenting Documents for Registration (Sections 32 – 35)
6. Enforcing appearance of executants and witnesses (Section 36 – 39)
7. Provisions related to Wills (Sections 40 – 46)
8. Effects of registration and Non Registration (Sections 47- 50)
9. Duties and Powers of Registering Officers (Sections 51-70)
10. Refusal to Register (Sections 71 - 77)
11. Fees, Penalties etc (Sections 78 – 84)

90
UNIT – II ( Indian Limitation Act, 1963)
Limitation Act in General
Objectives
Salient features of the Act
Definitions (Section 2)
Bar of limitation (Section 3)
When an appeal is preferred
Application of section 3 to special or local laws
Limitation bars remedy but does not extinguish rights
Expiry of prescribed period when court is closed (Section 4)
Extension of prescribed period in case of appeals or applications (Section 5)
Why to condone delay
Sufficient cause
Disability under law of limitation (Sections 6 – 8)
Continuous running of time (Section 9)
Suits against trustees and their representatives (Section 10)
Suit on contracts entered in to outside the territories to which the Act extends (Sec-11)
Suits on foreign contracts
Difference between limitation and prescription
Difference between limitation and estoppels
Difference between limitation and laches
Difference between laches and acquiescence
Exclusion of time in legal proceedings (Section 12 -15)
Postponement of limitation (Section 16 – 23)
Acquisition of ownership by Possession (Sections 25 – 27)

91
Indian Trust Act 1882
UNIT – III
Definition of trust, Trustee, Beneficiary
Elements of trust
Classification and Kinds of Trusts
Creation of trust (Sections 4 – 10)
Duties and Liabilities of Trustees (Sections 11 – 30)
Rights and Powers of Trustees (Sections 31 – 45)

UNIT - IV
Disabilities of Trustees (Sections 46 – 54)
Rights and Liabilities of Beneficiary (Section 55 – 69)
Vacating the office of trustee (Sections 70 – 76)
Extinction of Trusts (Sections 77 – 79)
Obligations in the nature of trusts (Sections 80 – 96)

Suggested Readings
1. Mulla, The Registration Act
2. S.KrishnamurthyIyer, Commentary on the Indian Trust Act
3. B.D Jain, Indian Limitation Act 1963
4. AqilAhmd, Equity, Trust, Mortgage & Specific Relief
5. Vandana Ajay Kumar – Text Book on Indian Registration Act
6. T.R Desai, Commentaries on Indian Limitation Act
6. Benny Paul, Indian Limitation Act 1963

92
Paper –V (b): Private International Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

UNIT –I Nature and Scope of Private International Law

Foreign element and its application in PIL


Connecting factors:
Common law countries and domicile as connecting factor
Civil law countries and nationality as connecting factor
Meaning of lexactus, lexcausae, lexdomcilli, lexfori, lex loci actus, lex
loci celebrationis, lexsitus, lex loci contractus,Locusregitactum
Nationality, Domicile & Habitual residence in PIL
Governing law/Choice of law/Proper law
Origin and Development of PIL
Subject matter of Private International Law or Stages of PIL
Unification of Private International Law
Importance of classification or Characterization

93
UNIT – II JURISDICTION

General principles of Jurisdiction


Substance/Procedure and limitation in PIL
Domicile:
Meaning
Types of Domicile
Conditions for Acquiring Domicile
Domicile of refugees, fugitives, prisoners, public servants, corporations
Domicile of dependents
Stay of actions
Validity/enforcement of foreign Judgments
Anti Suit Injunction

UNIT – III OBLIGATIONS/LAW OF PROPERTY

Transnational contracts (English position/Indian Position)


Law of property (Movable/Immovable/Special type of transfers like Gifts, Debts,
Negotiable Instruments etc.)
Transfer of Tangible and Intangible assets
Law of Succession and private International Laws
Intellectual Property and Conflict of Laws
Rome Convention 1961
International Commercial Arbitration and Recognition and Enforcement of
Arbitral Awards
The United Nations Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (1970)
UNCITRAL Model Law on Cross Border Insolvency 1997

UNIT – IV MARRIAGE AND MATRIMONIAL RELIEF

Marriage and Matrimonial Causes under conflict of laws


Validity of marriage
Nullity of Marriage
Divorce
Custody of children under Conflict of Laws
Legitimacy (status) and Legitimation
Transnational Adoptions

94
Hague Convention on Protection of Children and Cooperation in Respect
of Inter-Country Adoptions (1993)
Hague Convention on Civil Aspects of International Child Abduction
(1980)
Surrogacy and Conflict of Laws
Hague Conference 2001
HCCH, 2016

SUGGESTED READINGS

 R.Blanpain& B. Verschegen , International Encyclopedia of Laws: Private International


Laws (2005)
 Cheshire, North & Fawcett: Private International Law (2008)
 Dicey, Morris and Collins – The Conflict of Laws
 ParasDiwan, Private International Law (1998)
 Atul M Setalvad, Conflict of Laws (2014)
 Benny Paul – Text Book on Private International Law (2019)

95
Paper –V (c): Business Law

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report / Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

UNIT I

The Negotiable Instruments Act, 1881

Meaning, Characteristics, and Types of Negotiable Instruments : Promissory Note, Bill of


Exchange, Cheque
Definition of Acceptor, Acceptance for honour, Drawer, Drawee in case of Need, Payee
Holder and Holder in Due Course, payment in due course, Privileges of Holder in Due
Course
Negotiation: Types of Endorsements and liability of parties
Discharge from liability
Cheques, Types of Cheque and Penalties in case of dishonour of certain cheques
UNIT II
The Indian Partnership Act, 1932:

Nature and Characteristics of Partnership


Types of Partners
Relation of partners to one another - Rights and Duties of Partners
Relation of partners to third parties
Registration of Partnership Firms and effect of non-registration
Dissolution of Partnership Firm and its consequences

96
UNIT III

The Limited Liability Partnership Act, 2008:

Meaning, nature and features of LLP


Difference between LLP and Partnership; LLP and Company
Kinds of Partners and their Relationship-mutual rights and cessation of partnership
interest
LLP Agreement and Incorporation of LLP
Effect of Registration
Extent and limitation of LLP and partners

UNIT IV

The Competition Act, 2002

Object and purpose of the Competition Act, 2002


Anti-Competitive Agreements, Abuse of Dominant Position and Regulation of
Combinations
Horizontal and Vertical Agreement, Dominant Position, Abuse of Dominant Position,
Regulation of Combinations viz. Mergers and Acquisitions, Value of Assets and
Turnover.
Competition Commission of India-
-Establishment, Composition, Powers, Duties and functions
Enforcement Mechanism under the Competition Act, 2002
Penalties for offences under the Competition Act, 2002.

Suggested Readings:

Principles of Mercantile Law (Eastern Book Company)-AvtarSinghPrinciples of Mercantile


Law, R. K. Bangia (Allahabad Law Agency)
The Indian Partnership Act, 1932 with Limited Liability Partnership Act, 2008- R.K. Bangia
(Allahabad Law Agency)
Law & Procedure of Limited Liability Partnerships, D.K. Jain
Law relating to Limited Liability Partnership (Bharat Law House)- D.S.R. Krishnamurti
Limited Liability Partnership Law and Practice- SanjivAgarwal and RohiniAgarwal
SN Maheshwari and SK Maheshwari, Business Law, National Publishing House, New Delhi.
P C Tulsian and Bharat Tulsian, Business Law, McGraw Hill Education
Bhushan Kumar Goyal and Jain Kinneri, Business Laws, International Book House
M.C. Kuchhal, and VivekKuchhal, Business Law, Vikas Publishing House, New Delhi.
SN Maheshwari and SK Maheshwari, Business Law, National Publishing House, New Delhi.
Ramappa, T; Competition Law in India: Policy, Issues and Development; Oxford University
Press

97
LL.B 6th Semester
Paper –I: Alternate Dispute Resolution

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Theory Examination- 80 marks

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

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

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

98
Unit III
• Jurisdiction of Arbitral Tribunals
• Conduct of Arbitral Proceedings
• Making of Arbitral Award and Termination of Proceedings
• Recourse Against Arbitral Awards, Appeals and Miscellaneous Provisions
• Conciliation

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

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

99
Paper – II: Criminal Procedure Code-II

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report /Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

Unit – I
1 Framing of Charges (211 -224) - Contents of charge, effect of errors, alteration of
charges and effect of alteration, joinder of offences, joinder of persons, withdrawal of
charges. Remedies when charges are framed wrongly, Quashing of charges.
2. Trials
Trial before Court of Sessions (225-237)
Trial of Warrant Cases by Magistrates (238 – 250)
Trial of Summons cases by Magistrates (251-259)
Summary Trials (260 - 265) – Power to try summarily, procedure, record,
punishment, appeal and revision.

UNIT - II
1. Evidence in Inquiries and Trials (Sections 272 – 299)
2. General Provisions as to Inquiries and Trials:
Person once convicted or acquitted not to be tried for the same offence (Section 300)
Article 20 and section 300 CrPC
Legal Aid to accused (Section 304)
Tender of Pardon to Accomplice (Section 307- 308)
Expenses of Complainants and witnesses (Section 312)

100
Oral argument ad memorandum of arguments (Section 314)
Accused to be competent witness
Compounding of Offences (Section 320)
Withdrawal from Prosecution (Section 321)
Procedure in cases where Magistrate cannot disposes of (Section 322)
Procedure when Magistrate cannot pass sentence sufficiently severe (Section 325)
3. Provision as o accused person of unsound mind (Sections 328-339)
4. Judgment (353- 365) – Essentials of a valid judgment, Victim compensation, order to
release on probation of good conduct or after admonition, alteration of judgment.

UNIT - III
1. Submission of death Sentence for Confirmation (Sections 366 – 371)
2. Transfer of Criminal Cases (Section 406 – 412); Need of transfer of cases from one court
to another, Power of High Courts and Supreme Court and Sessions Courts to transfer
cases.
3. Appeals, (372 – 394), Right of victim to file appeal, Suspension of sentence and
suspension of conviction,
4. Reference and Revision (395 – 405)
5. Execution, Suspension, Remission and Commutation of sentences (Sections 413 - 435)

UNIT – IV
1. Provisions as to bails and bonds (436- 450):
Definition, bail in bailable and non-bailable offences
Anticipatory bail (definition, where to apply, duration, considerations
before granting anticipatory bail, refusal to grant, cancellation of anticipatory bail,
Right to regular bail during anticipatory bail).
Special powers of High Court and Court of Session with regard to bail.
Remedies against granting /refusing bail by Magistrates
Cancellation of bail in bailable and non-bailable offences
Provisions of bail in socio – economic offences
Appeal/revision in bail whether applicable?
2. Irregular Proceedings (Sections 460 – 466)
3. Limitation (Sections 467 – 473)
4. Inherent powers (Section 482) - Which Courts can exercise inherent powers, judicially
recognized grounds for the exercise of inherent power, Difference in powers of High
Court under Article 226 and 482, application of section 482 in interlocutory orders.

Suggested Reading:
1. Mulla – Commentary on the Code of Criminal Procedure (2015)
2. K.N Chandrasekharan Pillai, (ed) – Kelkar’s Criminal Procedure
3. Rattan Lal&DhirajLal – Criminal Procedure Code
4. Benny Paul - Simplified Approach to Criminal Procedure Code
101
Paper –III: Drafting, Pleading and Conveyancing

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Theory Examination- 80 marks

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

Unit-I

Fundamental Principles of Pleadings


Revision and amendment of Pleadings
Civil Pleadings: Plaint, Written Statement, Interlocutory Applications, Execution Petition,
Memorandum of Appeal and Revision
Civil Miscellaneous Applications and Notices: Caveat, Application for condonation of delay
under Section 5 of the Indian Limitation Act, Application for grant of Succession Certificate,
Notice of Suit under Section 80 CPC, Notice to the Tenant

Unit-II

Criminal Pleadings:
Complaint
Regular Bail Application
Anticipatory Bail Application
Memorandum of Appeal and Revision

102
Criminal Miscellaneous Petitions: Application for Maintenance, Application to withdraw from
prosecuting the case, Application to surrender, Application for exemption from personal
appearance

Unit-III

Conveyance:
Meaning, Functions and Objects of Conveyance
Essential Components of Deeds
Sale Deed
Lease Deed
Mortgage Deed
Gift Deed
Adoption Deed
Relinquishment Deed
Deed for reference to Arbitration
Partnership Deed
Trust Deed
Unit-IV
Promissory Note
General Power of Attorney
Special Power of Attorney
Will and Codicil
Writ Petitions under Articles 32 and 226 of the Constitution of India
Public Interest Litigation

Suggested Readings:

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


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

103
Paper –IV: Professional Ethics & Professional Accountability

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Theory Examination- 80 marks

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

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

Unit-II

Advocates Act, 1961


Composition, Powers and Functions of State bar Councils
Composition, Powers and Functions of Bar Council of India
Right to Practice
Punishment for Professional and other misconduct
Bar Council of India Rules, Part VII

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Unit-III

Contempt of Courts Act, 1971:


Definitions
Defences available in contempt proceedings
Procedure applicable to contempt proceedings
Punishment, apology and appeals
Constitutional provisions regarding powers of the Supreme Court and High Courts to
punish for Contempt of Court
Powers of Parliament and State Legislatures to punish for Contempt of House

Unit-IV

Analysis of following judgments of the Supreme Court:

1. Delhi Judicial Service Association, Tis Hazari Court Delhi v. State of Gujarat and
others, AIR 1991 SC 2176
2. Supreme Court Bar Association v. Union of India and Ors., AIR 1998 SC 1895
3. D.C.Saxena v. CJI, 1996 (5) SCC 216
4. Dr. L.P.Mishra v. State of U.P., AIR 1998 SC 3337
5. Mohd. Aslam v. Union of India, AIR 1995 SC 548
6. PrithauriNath Ram v. State of Jharkhand and Ors., (2004) 7 SCC 261
7. P.D.Gupta v. Ram Murti&Anr., AIR 1998 SC 283
8. Bar Council Of Maharashtra v. M.V.Dhabolkar&Ors., AIR 1976 SC 242
9. R.D.Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264
10. Bar Council of Andhra Pradesh v. KurapatiSatyanarayana, AIR 2003 SC 175

Suggested Readings:

1. Bare Act:Contempt of Courts Act, 1971


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

105
Paper –V (a): Criminology, Penology and Victimology

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Project Report/ Presentation: 15 marks


Internship marks: 5 marks

Theory Examination- 80 marks

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

Unit-I (Criminology)

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


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

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Unit-II (Penology)

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


b) Sentencing- Process and Policies in India

c) Different Punishments under Indian Legal System


d) Capital Punishment: Constitutionality, Judicial Attitude and Law Reforms
e) Prison Administration: Prison Reforms, Open Jails and Rights of Prisoners

Unit-III

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


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

Unit- IV (Victimology)

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


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

Suggested Readings:

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


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

107
Paper –V (b): International Labour Organization and Labour Laws

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


Minimum Passing marks: 45/100

Internal Assessment- 20 marks

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

Theory Examination- 80 marks

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

I. ILO- Genesis and Objectives.


II. Organs of the ILO- International Labour Conference, The Governing Body and the International
Labour Office.
III. ILO Standards- Recommendations and Conventions on minimum wage, child labour, social
security and maternity benefit.
IV. ILO Declaration of Social Justice for Fair Globlization (2008).

Unit-II

V. Concept of Social Security.


VI. Employer’s liability for compensation including the concept of employee, disablement and
dependent and remedial measure for settlement of disputes relating to compensation.
VII. Employer’s liability for social security benefits including the concept of employer, employee and
employment injury.
VIII. Various authorities for administration of social insurance scheme and remedial measure for
settlements of disputes of claimed relating to social security benefits.

108
Unit-III

IX. Concept of wages: Minimum wage, Fair wage and Living wage.
X. Component of minimum wages and minimum wage determining process, remedial measures for
their enforcement including the relevance of constitutional provisions.
XI. Protection of wages: Responsibility, Time and mode of payment and permissible deuctions.
XII. Remedial measures in case of non-payment, delayed wages and unauthorized deductions.

Unit-IV
XIII. Concept of Child Labour and Constitutional provisions for protection and welfare of children.
XIV. The Child Labour (Prohibition and Regulation) Act, 1986.
XV. Maternity Benefit Law
XVI. Sexual Harassment of Women at Work places (Prevention, Prohibition and Redressel ) Act 2013.

Statutory Reading
1. The ILO Declaration of Social Justice for a Fair Globalization (2008)
2. Minimum Wages Act, 1948
3. Payment of Wages Act, 1936
4. Child Labour (Prohibition and Regulation) Act, 1986
5. Workmen’s Compensation Act, 1923
6. Employees State Insurance Act, 1948
7. Maturity Benefit Act, 1961
8. Sexual Harassment of Women at Work places (Prevention, Prohibition and Redressel) Act 2013.

Suggested Readings:

1. Srivastava, K.D.: Commentaries on Payment of Wages Act, 1936- 3rd Edition, Eastern Book
Company, 1983.
2. Srivastava, K.D.: Commentaries on Payment of Wages Act, 1948- Eastern Book Company.
3. Rao, S.B.: Law and Practice on Minimum Wages- 2nd Revised Edition, Law Publishing House,
2005.
4. Srivastava, S.C.: Social Security and Labour Laws- Eastern Book Company.
5. Srivsatava K.D.: Commentaries on Employees State Insurance Act, 1923 – Eastern Book
Company, 1989.
6. Mallick, M.R.: Commentaries in Employees State Insurance Act, 1948 – Eastern Law House,
1974.
7. Ahmedullah Khan: Commentary on the International Labour Organization and the Indian
Response.
8. Kamala Sankaran: Freedom of Association in India and International Labour Standard.
9. N.N. Kaul, India and International Labour Organization, Metropolitan Book, Delhi, 1956.
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