LLBFirstYearBALLBThirdYearRevisedSyllabus202223 (2)

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SWAMI RAMANAND TEERTH MARATHWADA UNIVERSITY

NANDED

SYLLABUS

OF

LAW

LL.B. First and BA.LL.B. Third Year

Semester – I & II

Under Choice Based Credit System (CBCS) Pattern

(With Effective from 2022 - 23

1
Class: LL.B. I/ BALL.B. III (CBCS) Semester: I
Paper no. 1
Revised Syllabus (w.e.f. 2022-23)
General Principles of Law of Contract & Specific Relief Act (CBCS)

This paper with the above-mentioned perspectives in view comprises 84 units.


Objectives of the Course:
To make the students identify the relevant legal issues that arise on a given set of facts
in the area of contract law.
To prepare the students to select and apply a range of approaches to written
communication, and apply the critical thinking required to bring about creative
solutions to complex legal problems in the area of contract law.
To create understanding among the students, formulate oral and written arguments in
response to a given set of facts.
To make the students learn about formulating contracts, their enforcement, and legal
remedies in case of breach of contract procedural remedies under the Specific Relief
Act,

No. of Hours/
Module/Topic Period
1. History and nature of contractual obligations- Units 2
1. Writs of debt, covenant, and account actions on the case and on
assumptions consideration
2. Moral basis for contractual obligations, subjective and
objective theories sanctity of contracts.
2. Agreement and contract, definitions, elements, and different Units 4
kinds

3. Proposal and acceptance: Units 3


1. Their various forms, essential elements of communication and
revocation of Proposal, and different kinds of proposal
2. Dumping of goods.
4. Consideration nudum pactum: Units 8
1. Its need, meaning, kinds, essential elements
2. Privity of contract
3. Its exceptions
4. Adequacy of Consideration
5. Kinds of consideration: Present, past, and future consideration
6. Unlawful Consideration and its effects
7. Views of the Law Commission of India on consideration
8. Evaluation of the doctrine of consideration.

2
5. Capacity to contract: Unit 8
1. Meaning
2. Incapacity arising out of status and mental defect
3. Definition of "Minor"; 4. Minor’s agreement
5. Necessities Supplied to a Minor
Agreements beneficial and detrimental to a minor affirmation
7. Restitution in cases of minor's agreements-for and by a minor
8. Ratification in cases by a person of an agreement made by him while
he was minor
9. Agreements and Estoppels
10. Evaluation of the law relating to minor agreements
11. Other illustrations of incapacity of contract.
6. Consent: Units 8
Free consent: Its need and definition - factors vitiating free
consent:
1.Coercion, definition, essential elements, duress, and coercion,
various illustrations of coercion, the doctrine of economic duress,
the effect of coercion, evaluation of Sec. 15.
2.Undue influence, definition, essential elements, between which
parties can it exist? Who is to prove it? illustrations of undue
influence, independent advice, pardhanashin women,
unconscionable bargains effect of undue influence.
3.Mis-representation of law and of fact, their effects and
illustration,
4.Fraud, definition, essential elements, suggestion falsi, suppresio
veri, when does silence amounts to fraud? The active
concealment the of truth, the importance of intention.
5. Mistake. Definition. Meaning, Principle Kinds with illustration
7. Legality of Objects (S. 23-30): Units 7
1.Void agreements: - Lawful and unlawful considerations and
objects - void, voidable, illegal, and unlawful agreements, and
their effects :
2.Unlawful considerations and objects: Forbidden by law,
Defeating the provision of any Law, Fraudulent, Injurious to
person or property, Immoral, Against Public policy,
3.Void agreements in restraint of trade - its exceptions sale of
goodwill (Section 11) restrictions under the partnership Act,
trade combinations exclusive dealing agreements, restraints on
employees under agreements of service, Agreements in restraint
of legal proceedings - its exceptions, Uncertain agreements,
Wagering agreements - its exceptions.
8. Discharge of a contract and its various mode: Units 5
1. By performance - conditions of valid tender of performance -
how? By whom? where? when/ in what manner? Performance
of reciprocal promises - time essence of the contract.
2. By breach - anticipatory breach and present breach.
3. Impossibility of performance - specific grounds of frustration -
application to leases - theories of frustration - effect of
frustration and restitution.
4. By the period of limitation
5. By agreement - rescission 3and alteration - their effect -
remission and waiver of performance extension of time - accord
and satisfaction.
9. Quasi-contracts or certain relations resembling those created Units 3
by contract.
10. Remedies in contractual relations: Units 6
1. Damages - Kinds – the remoteness of damages -
ascertainment of damages,
2. Injunction - when granted and when refused - why?
3. Refund and restitution
4. Specific performance - When? Why?
11. Government as Contracting Party: Unit 10
1. Constitutional Provisions, Government's power of contract,
procedural requirements, kinds of government contracts, their
usual causes, the performance of such contracts, settlement of
disputes, and remedies.

12. Standard form of contracts: Unit 10


1. Nature, advantages, unilateral character
2. Principles of protection against the possibility of exploitation
3. Judicial approach to such contracts
4. Exemption clauses
5. Clash between two standard forms of contracts
6. Law Commission of India's views
13. Specific Relief (Specific Relief Act 1969) (as amendment Unit 10
up to date)
1. Definition
2. Recovery of possession of the property
3. Specific performance of Contracts
4. Rectification of instruments
5. Rescission of contracts
6. Cancellation of Instruments
7. Declaratory decrees
8. Preventive relief.

Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment.

Course outcomes:
After completion of this subjects, students will be able to--
CO1 Identify the relevant legal issues that arise on a given set of facts in the area of
contract law.
CO2 Select and apply a range of approaches to written communication, and apply the
critical thinking required to bring about creative solutions to complex legal problems
in the area of contract law.

CO3 Formulate oral and written arguments in response to a given set of facts.
CO4: Understands various instruments under law, partnership law, contract of agency,
bailment, pledge, indemnity, guarantee, etc.
CO 5: Procedural remedies under the Specific Relief Act,

Evaluation
4
1. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.
2. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.
3. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

4. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

SELECT BIBLIOGRAPHY:
1. Beatsen (ed.), Anson's Law of Contract (27th Ed. 1998).
2. P.S. Atiya, Introduction to the Law of Contract 1992 reprint (Claredon Law
Series)
3. Avtar Singh, Law of Contract (2000) Eastern, Lucknow
4. G.C.Chesire, and H.S. Fifoot and M.P. Furmston, Law of Contract (1992) ELBS
with Butterworths.
5. M. Krishna Nair, Law of Contracts (1998).
6. G.H. Treitel, Law of Contract, Sweet and Maxwell (1997 Reprint)
7. R.K. Abichandani, (ed.), Pollock and Mulla on the Indian Contract and the
Specific Relief Act (1999), Tripathi.
8. Banerjee, S.C., Law of Specific Relief (1988), Universal.
9. Anson, Law of Contract (1998), Universal.
10. Dutt on Contract (2000), Universal.
11. Anand and Aiyer, Law of Specific Relief (1999), Universal
[All book’s latest editions have to be followed.]

5
Class: LL.B. I/BALL.B. III (CBCS) Semester: I
Paper no: -4
=============================================================
Intellectual Property Law
This paper with the above-mentioned perspectives in view comprises 84 units.
Objectives of the Course:
To create awareness about IPR among students;
To imbibe the importance of IPR among students;
To make the students understand the international value of IPR;
To acquaint students with legislative provisions about IPR;

No. of Hours/
Module/Topic Period
1. Introductory:

1. The meaning of Intellectual property. 2. Competing rationales of


the legal regimes for the protection of intellectual property 3. The
main forms of intellectual property: are Copyright Trademarks,
Units 20
Patents, and Designs 4. Introduction to the leading international
instruments concerning intellectual property rights; the Berne
Convention, Universal Copyright Convention, the Paris Union;
TRIPS; the World Intellectual Property Rights Organisation; (WIPO),
and UNESCO.

2. Select aspects of the law of Copyright in India

1. Historical evolution of the law. 2. Meaning of copyright 3.


Copyright in literary, dramatic, and musical works 4. Copyright in
sound records and cinematograph films 5. Copy right in computer
programme 6. Ownership of copyright 7. Assignment of copyright
Units 20
8. Author’s special rights 9. The notion of infringement 10.
Infringement of copyright by films of literary and dramatic works. 11.
Importation and infringement 12. Fair use provisions 13. Piracy on
the internet 14. Aspects of copyright justice
15. Remedies, especially, the possibility of Anton pillar injunctive relief
in India.
3. Intellectual Property in Trademarks

1. The rationale for the protection of trademarks as (a) an aspect of


commercial and (b) of consumer rights. 2. Definition and concept of
trademarks 3. Registration 4. The distinction between trademarks Units 20
and property mark 5. The doctrine of honest Current user 6. The
doctrine of deceptive similarity 7. Protection of well-known marks 8.
Passing off and infringement 9. Criteria of infringement 10.
Standards of proof in passing off action 11. Remedies.

6
4. The law of intellectual property: patents

1. Concept of patent 2 Historical views of the patent law in India. 3.


Patentable inventions with special reference to biotechnology
products entailing the creation of new forms of life. 4. Patent
protection of computer programme. 5. Process of obtaining a patent:
Application, examination, opposition, and sealing of patents: a
general introduction. 6. Procedure for filling patents. Patent co-
operation treaty 7. Some grounds for opposition: (a) The problem of
limited locus standi to oppose, especially in relation to inventions
having the potential of ecological and mass disasters (b) Wrongfully
Units 24
obtaining the invention (c) Prior publication or anticipation (d)
Obviousness and the lack of inventive step (e) Insufficient description
8. Rights and obligations of a patentee: (a) Patents as chosen in action
(b) Duration of patents: law and policy considerations (c) Use and
exercise rights (d) Right to secrecy (e) The notion of "abuse" of patent
rights (f) Compulsory licenses 9. Special categories: (a) Employee
Invention: Law and Policy Consideration (b) International Patents,
Transfer of Technology, Know-How and problems of self-reliant
development. 10. Infringement: Criteria of Infringement, Onus of
proof, modes of infringement: the Doctrine of Colourable Variation,
Defenses in suits of infringement, Injunctions, and related remedies.

Imp. Note: Out of 84 units, 63 shall be for teaching and 21 for continuous
assessment.
Course Outcome:

After completion of this subjects, students will be able to--

CO1: Understand the concept of intellectual property rights.

CO2: Develops procedural knowledge of legal regimes and solve the problem relating
to intellectual property rights.
CO3: Acquire global knowledge about the concept of IP Law
CO4: Understand new developments in intellectual property rights

Evaluation
5. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.
6. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.
7. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

8. Passing- There shall be 40% passing7in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately
SELECT BIBLIOGRAPHY
1. Cormish W.R., Intellectual Property, Patents, Trademarks, Copy Rights and
Allied Rights (1999). Asia Law House, Hyderabad.
2. Vikas Vashishth, Law and Practice of Intellectual Property (1999), Bharat Law
House, Delhi.
3. P. Narayanan, Intellectual Property Law (1999), (ed) Eastern Law House,
Calcutta. Bibeck Debrory (ed.) Intellectual property rights (1998) Rajiv Gandhi
Foundation, Delhi.
4. U.I.F. Anderfelt, International patent Legislation and Developing Countries
(1971).
5. W.R. Cornish, Intellectual Property (3rd ed.) (1996) Sweet and Maxwell
6. Mata Din, Law of Passing off and Infringement Action of Trade Marks (1986).
7. P.S.Sangal and Kishore Singh, Indian Patent System and Paris Convention :
Legal Perspectives (1987).
8. K. Thairani, Copyright: The Indian Experience (1987)
9. W.R. Cornish, para and Materials on Intellectual Property (1999), Sweet and
Maxwell

8
Class: LL.B. I/BALL.B. III (CBCS) Semester: I Academic Year:2022-2023
Paper no: - 2
-------------------------------------------------------------------------------------------------------
Law of Torts and Consumer Protection Laws
This paper with the above-mentioned perspectives in view comprises 84 units.
Objectives of the Course:
To make the students acquainted with civil wrongs
To acquaint students with various forms of torts;
To create awareness about civil rights among students;
To understand students about remedies for violation of civil rights;
To create awareness among students about consumer protection

No. of Hours/
Module/Topic Period
1. Evolution of Law of Torts:
1 Its development by courts in England 2. Forms of action 3. The emergence of
Specific remedies from case to case 4. Reception of Law of Torts in India 5. Units 5
Principles of Equity Justice and good conscience

2. Definition of Nature, Scope, and objects:


1. A Wrongful Act violation of duty (in rem) imposed by law, a duty which is
owed to people generally, legal damage-damnum sine injuria and injuria sine Unit 5
damnum 2. Torts distinguished from Crime Breach of Contract etc. 3. The
concept of duties owed to damages 4. changing scope of Law of Torts:
Expanding character of duties owed to people generally duty to complexities
of the mode of society, scientific and technological progress, industrialization,
urbanization, occupational hazards 5. object- prescribing standards of human
conduct, redressal of wrongs by payment of compensation proscribing
unlawful conduct by injunctions.
3. Principles of Liability in Torts:
Fault: Wrongful intent, liability without fault, Essentials for tortious liability
Unit 5
4. Justification in Tort:
1. Volenti no fit injuria – What is free consent? Informed consent, mere
knowledge, and knowledge coupled with assumption or risk 2. Necessity, Unit 5
Private and Public 3. Plaintiffs default 4. Act of God Inevitable Accident 5.
Private defense 6. Statutory authorization 7. Judicial and Quasi-judicial Acts 8.
Parental and quasi-parental authority
5. Extinguishments of Liability in Certain Situations:
1. Death, Actio persoalis moritur cum persona, Exceptions, Law Reform
(Miscellaneous provision) Act, 1934,2 Waiver and acquiescence 3. Release 4. Unit 5
Accord and satisfaction 5. Limitation
6. Standing:
1. who may sue in Torts: Aggrieved individual, 9 Class Action OIRB, Social
Action Groups, States granting Standing to certain person groups 2. Who may Unit 5
sue and who may be sued?
7. Doctrine of Sovereign Immunity and its Relevance in India: 1. Liability
of State – sovereign and non-sovereign functions, Crown proceedings Act of
U.K Federal Torts, Claims Act of USA, Constitution of India, Art. 294 and Unit 5
300, 2 Act of State.
8. Vicarious Liability: 1. Basis Scope and justification – Express
authorization, Ratification Abetment, 2. Special Relationships, Master and
servant-arising out of and in the course of employment who is master? Control Unit 5
test who is the servant? Borrowed servant- independent contractor Principal
and Agent, Corporation and Principal Officer.
9. Torts Against person and personal Relations: 1. Assault, battery,
Mayhem 2. False imprisonment 3. Defamation- Label, slander including Law
relating privileges 4. Marital relations, domestic relations, parental relations Unit 7
master and servant relations 5. Malicious prosecution 6. The shortened
expectation of life 7. nervous shock 8. defenses
10. Wrongs Affecting Property: 1. Trespass to land Trespass ab into
Dispossession 2. Movable Property-Trespass to good destine, conversion 3.
torts against business interests – injurious falsehood misstatement, passing off. Unit 4
4. Defenses
11. Negligence: Basic concept, Theories of Negligence, Standards of care,
duty to take care, carelessness inadvertence, Doctrine of contributive
Unit 5
negligence, Res ipsa loquiturand its importance in contemporary, Professional
liability due to Negligence with special reference to Consumer Protection Law
12. Strict and Absolute Liability: 1. The rules in Rayland fletcher, Principle
for application of these rules: Storing of dangerous things, escape of dangerous
thing-application of principles in concrete cases of dame arising out of Unit 5
industrial activity. (The Bhopal Disaster, Oleum Gas Escape Machu Dam
Burst, M.C.Mehata case, Nuclear Installation, and their hazards)
2. Defenses
13. Nuisance: 1. Definition, essentials, Types 2. Acts which constitute
nuisance- obstructions of highways, Pollution of air water, noise, interference
with light and air Unit 5
14. Legal Remedies: 1. Award of damage-simple, special, punitive,
Remoteness of damages- injunction, specific restitution of property 2. Extra-
Legal Remedies-self re-entry in the land, Recapture of goods, distress, Unit 5
damage, feasant, abetment to nuisance.
15. Judicial Process in Torts: 1. Dilatoriness 2. Complicated rules procedure
and evidence 3. Experts in Trial process, reports of testing lab 4. Court fees,
problems of access. Unit 5
16. Common Law and the Consumer: 1. The Consumer Protection Act,
2019
Definitions; Rights of consumers, Consumer Protection Authority; E- Unit 8
commerce; Consumer complaints; Product Liability; Redressal Commission;
Mediation; Offences & penalties

10
Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment
Course Outcomes: -Students graduating with Law of Torts and Consumer Protection
Law will be able to:
CO1 To understand the principles of Tortuous liability, The defenses available in an
action for torts, the capacity of parties to sue and be sued, and matters connection there
with.

CO2 To study and evaluate the specific torts against the individual and property.
CO3: With rapid industrialization, the inadequacy of the law to protect the individual
is exposing limitations of the law.
CO4 To understand the alternative forums and the remedies provided under the
Consumer Protection Act, 2019.

Evaluation

9. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.

10. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

11. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

12. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Books Recommended
1. Salamond and Heuston – on the Law of Torts (2000) Universal, Delhi.
2. D.D.Basu- The Law of Tort (1982), Kamal, Culcutta.
3. D.M.Gandhi- Law of Tort (1987), Eastern, Lucknow.
4. P.S.Achuthan Pillai- The Law of Torts (1994) Estern, Lucknow.
5. Ratanlal and Dhirajlal-The Law of Torts (1997) Universal Delhi.
6. Winfield and Jolowiz on Tort (1990), Sweet and Maxwell, London.
7. Saraf D.N- Law of Consumer Protection in India (1995) Tripathi, Bombay.
8. Avtar Singh- The Law of Consumer Protection : Principles and Practice
(2000), Eastern Book.Co.Lucknow.
9. J.N.Barowalia- Commentary on Consumer Protection Act 1986 (2000),
Universal, Delhi.
11 Protection in India (1998), Orient
10. P.K.Majunder- The Law of Consumer
Publishing Co. New Delhi.
11. R.M.Vats, Consumer and the Law (1994), Universal, Delhi.
Class: LL.B. I & BA.LL.B. III (CBCS) Semester: I Academic Year: 2022-2023
Paper no: - 3
FAMILY LAW – I
This paper with the above-mentioned perspectives in view comprises 84 units.

Objectives of the Course:

To acquaint the students with the historical, and socio-legal aspects of the institution of
family and marriage.

To acquaint the students with laws relating to marriage, maintenance, and adoption.

To acquaint the students with matrimonial remedies and matrimonial dispute resolution
mechanisms.

To inculcate a critical and analytical understanding of personal laws in the light of


constitutional principles.

Module/Topic No. of Hours/


Period
1. Marriage and Kinship: 1. Evolution of institution of marriages and Units 12
family 2. Role of religion, rituals, and practices in molding the rules
regulating marital relations 3. Types of family-based upon Lineage
patrilineal Matrilineal, Authority structure - patriarchal and matriarchal:
Location- patrilocal and matrilocal and Number of conjugal units nuclear,
extended, joint, and composite.
4. Applicability of Law: who is Hindu - Who is a Muslim - Who is a
Christian?
5. Sources of Hindu Law, Muslim Law, and Christian Law.
6. Essentials of a valid marriage under Muslim Law, Hindu Law & Special
Marriage Act
2. Customary Practices and State Regulation 1. Polygamy Units 08
2. Concubinage 3. Child marriage 4. Sati 5. Dowry 6. State
intervention through various legal measures.
3. Conversion and its effect on Family:1. Marriage 2. Adoption 3. Units 08
Guardianship 4. Succession.

12
4. Matrimonial Remedies: 1. Non - judicial resolution of marital conflict Units 20
problems (a) Customary dissolution of marriage - unilateral divorce, divorce
by mutual consent and other modes of dissolution. b) Divorce under Muslim
personal Law. Talaq and Talq-e-Tafweez 2. Judicial resolution of marital
conflict problems : a general perspective of matrimonial fault theory and the
principle of irretrievable breakdown of marriage 3. Nullity of marriage 4.
Option of Puberty 5. Restitution of conjugal rights 6. Judicial separation 7.
Desertion 8. Cruelty 9. Adultery 10. Other grounds for matrimonial relief
11. Divorce by mutual consent under: Special Marriage Act. 1954: Hindu
Marriage Act.1955: Muslim Law (Khula and Mubaraat) 12. Bars to
matrimonial relief: Doctrine of Strict proof, taking advantage of one's own
wrong or disability, Accessory, Connivance, Collusion, Condonation,
Improper or unnecessary delay, Residuary clause - no other legal ground
exists for refusing the matrimonial relief.
5. Alimony and Maintenance:1. Maintenance of neglected wives, minor Units 10
children, disabled children, and parents who are unable to support
themselves under the code of Criminal Procedure, 1973 2. Alimony and
maintenance as an independent remedy: a view under different personal
laws. 3. Alimony and maintenance as an ancillary relief alimony
pendente lite and permanent maintenance 4. Maintenance of divorced
Muslim women under the Muslim Women (Protection of Rights on
Divorce Act, 1986: a Critical Review).

6. Child and Law: 1. Legitimacy of child: Status, rights, and issues Units 08
involved;
2. Rules and procedure for adoption of children
3. Law relating to minority & guardianship
7. Establishment of Family Courts: Units 06

8. Securing of a Uniform Civil Code: Units 08


1. Religious pluralism and its implications
2. Connotations of the directive contained in Article 44 of the Constitution
3. Impediments to the formulation of the Uniform Civil Code.
9. Family and its Changing Pattern: Units 04

1. New emerging trends: Attenuation of family ties, working women and


their impact on Spousal relationships, Composition of family, status and
role of Women, and decision-making authority structure. 2. Factors
affecting the family: Demographic, environmental, religious, and
legislative.

3. Processes of social change in India: Sanskritization, westernization,


secularization, universalization, parochialization, and modernization
including industrialization and urbanization.
13
Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment.

Course Outcome: At the end of the course, a student will be able to understand
CO 1: Plural nature of Indian society and personal laws.
CO 2: Matrimonial dispute resolution mechanism and critical analysis of judicial
responses.
CO 3: Various constitutional principles and future of the Uniform Civil Code.
CO 4: Changing dimensions of the status of women, marriage, and family institution.
Evaluation

13. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.

14. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

15. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

16. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Books recommended
1. Paras Diwan - Family Law.
2. Mulla, Hindu Law, LexisNexis
3. Kusum, Family Law Lectures: Family Law I, LexisNexis, New Delhi
4. Mulla, Principles of Mohammedan Law, LexisNexis, Nagpur
5. Flavia Agnes, Family Law Vol I and II, Oxford University Press, New Delhi
6. GCV Subbarao – Family Law.

14
Class: LL.B.I/BALL.B. III Semester II Academic Year:-2022-2023

Paper no: 5

Revised Syllabus of LL. B I & BSL III (Second Semester) 2022-23

Paper-I Labour Laws-I


This paper with the above-mentioned perspectives in view comprises 84 units.

Objectives of the Course:

To acquaint students with problems of labour and solutions thereto;

To acquaint students with industrial relations and factors affecting it;

To understand students about the role of government in solving problems of labour;

To acquaint studewithbout employer’s liability for compensation.

No. of Period

Module/Topic

1. Historical Perspectives on Labour: 1. Labour through the ages - slave


labour- guild system-division on case basis- labour during feudal days. 2.
Colonial labour law and policy 3. Labour - capital conflicts: exploitation of
labour, profit motive, poor bargaining power, poor working conditions,
unorganized labour, surplus labour, division of labour and super- 17 Unit
specialisation, lack of alternative employment. 4. International Labour
Standards and their Implementation. 5. From Laissez faire to Welfare State:
Transition from exploitation to protection and from contract to status.

2. Collective Bargaining: 1. Concept of collective bargaining. 2.


International norms - conditions precedent - merits and demerits. 3.
Bargaining Process, Negotiation, Pressurization: Strike and lockout, go-slow,
work to rule gherao, 4. Structure of bargaining: plant, industry, and, national 15 Unit
levels, 5. Duration and enforcement of bipartite agreement. 6. Reforms in
Law

15
3. Discipline in Industry: Restraints on Managerial Prerogatives: 1.
Doctrine of hire and fire- history of management's prerogative 2. Fairness in
disciplinary process: Punishment for misconduct - meaning of misconduct,
the right to know: the charge sheet, the right to defend: domestic inquiry, 15 Unit
notice, evidence, cross-examination, representation, unbiased inquiry officer,
and reasoned decision.

4. State Regulation of Industrial Relations: 1. Theoretical foundations:


social justice, labour welfare, public interest, productivity, industrial peace
and development, price control, 2. Assistance to bipartite settlement:
conciliation, voluntary arbitration, formulation of standing orders, State
prescription of machinery: reference for adjudication (the political
overtones), the adjudicator mechanisms (how do they differ from courts?). 17 Unit
Award and its binding nature, judicial reviewf awards, State prescription of
standards in lay off, strike, lockout, retrenchment, closure, and transfer of
undertakings in lay off, strike, lockout, retrenchment, closure, industrial
dispute, workmen, 4. Unfair labour practices.

5. Health and safety: 1. Obligations for health and safety of


workmen-Legislative control: Factory, mines, and plantations. 2. Liability for
15 Unit
hazardous and inherently dangerous industries- environmental protection.

6. The Employees Compensation Act, 2010

Interpretation clause, Employers liability, Factors for determination of 05 Units


compensation, Machinery, and Procedure

Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment
Course Outcome: At the end of the course, a student will be able to understand
CO1. Development of industrial jurisprudence and the judicial setup of Labour
legislations.

CO2.The features of industrial disputes and trade union’s powers and functions also to
integrate the knowledge of Labour Law in General HRD Practice.
CO3. The laws relating to Industrial Relations, working conditions and also learns the
enquiry procedural and industrial discipline.
CO4: Understand the concept of wages, minimum wages, payment of wages, gratuity,
bonus, and various beneficial legislations

CO5: Employee’s compensation laws, responsibilities of employer


CO5: Under stand the and importance and need of collective bargaining
Evaluation

17. There shall be a total assessment of16


100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.
18. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

19. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

20. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Select Bibliography:

John Bowers and Simon Honeyball, Text Book on Labour Law (1996). Blackstone,
London.

Srivastava K. D., Commentaries on Payment of Wages Act 1936 (1998), Eastern,


Lucknow.

Rao S.B., Law and Practice on Minimum Wages (1999), Law Publishing House,
Allahabad.

Srivasatava K.D., Disciplinary Action against Industrial Employees and its Remedies
(1990), Eastern, Lucknow. Srivastava, K.D., Commentaries of Factories Act 1948
(2000), Eastern, Lucknow. R.C. Saxena, Labour Problems and Social Welfare Chapters
1, 5 and 6 (1974).

V.V. Giri, Labour Problems in Indian Industry Cha. 1 and 15 (1972).

Indian Law Institute, Labour Law and Labour Relations (1987).

(1982) Cochin University Law Review, Vol.6 pp. 153-210.

Report of the National Commission on Labour. Ch. 14-17, 22,23 and 24.

O.P. Malhotra, The Law of Industrial Disputes (1998), Universal, Delhi.


Labour Laws by S. N. Misra

17
Class: LL.B-I/B.A.LL.B III Semester: II Academic Year 2022-2023

Paper no:- 6

Revised Syllabus of LL.B. I & BA LLB III (Second Semester) w.e.f.-2022-23

Paper-I Constitutional Law

This paper with the above-mentioned perspectives in view comprises 84 units.


Objectives of the Course:
To acquaint students with the history of the Constitution of India the Preamble and its
importance
To make the students understand the concept of State and its responsibilities;
To acquaint students about fundamental rights and remedies against its violations;
To teach the concept of citizenship and its changing perspectives

Topic/subject No. of Period

1. Brief Historical of Indian Constitution Perspective:

1. Constitutional Developments from 1858 to 1947 Morle Minto Reform -


Dyarchy - Montague - Chelmsford Reforms, Rowlett Act. The Govt. of India
Act, 1935; Sedition Trials of Tilak 2. Making of India's Constitution – 7 Unit
Definition & concept of Constitution and Constitutionalism - Salient features -
Constituent Assembly

18
2. Preamble of Indian Constitution with case laws

2.Secularism:

1. Concept of Secularism - Indian Constitutional Provisions, Historical


Perspective of Indian Secularism 2. Religion and State in India - State Control
and non-interference with religion. Concept of Secularism: American Model - 8 Unit
Separation of State - Church- Is it Relevant to India? Tradition in India -Equal
Respect for all Religions 3. minority Rights why? scope- Meaning of
Minority. 6. Minority Rights to Educational Institutions.

3. Union & Territories-Art. 1-4

4. Citizenship

1. Citizen’s foreigners, non-resident Indians (NRI) 2. Modes of acquisition of


Indian Citizenship under Our Constitution and also under the provisions of 7 Unit
Citizenship Act, 1955 3. Loss of Indian Citizenship – kinds of Indian
Citizenship with recent amendments

5. Fundamental Rights (Art. 12 to 35)

Art. 12 State-With case laws

1. Equality and Social Justice:

1. Equality before the law and equal Protection of Law - Meaning - 10 Unit
Constitutional provisions - total conspectus - Articles 14, 15, 16, 17, 18, 29
(2), 325, 2. Classification for Differential Treatment. 3. Gender Justice, Art.
15(1), (2), (3),16,29(2) 4. Administrative discretion and equality. 5.
Compensatory Discrimination for Backward. Classes /SC and ST

6. Freedom and Social Control:

1. Freedom of speech and expression 2. Freedom of the Press. 3. Freedom 15 Unit


of speech and contempt of Court. 4. Freedom of Assembly 6. Freedom of
Association. 6. Freedom of Movement 7. Freedom to Reside and Settle 8.
Freedom of Profession/business, etc. 9. Property and social control 1950 to
1978. 10. Property and social control- After 1978,

19
6. Personal Liberty: 10 Unit

1. Rights of an accused -Double Jeopardy 2. Right against self -


incrimination. 3. Right against Retroactive Punishment 4. Right to life and
Personal Liberty - Meaning of Art. 21. With land-mark judgements 6.
Procedure established by law – A.K. Gopalan case, Kharak Singh, etc. cases
7. Procedure established by law - Due process - Maneka Gandhi and after 8.
Preventive detention - constitutional Policy Art. 22. 9. Preventive detention -
Safeguards under the Constitution.

7. Right Against Exploitation (Art. 23 & 24) 10 Units

8. Right to Religion (Art 25 to 28)

9. Cultural and Education Rights (Art 29 to 30)

10. Right to Property (Art 31 A to C)

11. Right to Constitutional Remedies (Art 32 to 35)

12. Directive Principles:

1. Directive Principles - Reasons for Incorporation. 2. Directive Principles -


Directions of Social Change - a new social order. 3. Fundamental Rights and
Directive principles - Interrelationship - Judicial balancing. 4. Constitutional 10 Unit
amendments - Art. 31 A, 31 B, and 31 C to strengthen Directive Principles. 5.
Judicial Policy towards Directive Principles from Chamapakam to Minerva
Mills. Case

13. Duties - Art 51 (A)

1. Need and Status in the consist and set up 2. Interrelationship with 7 Unit
Fundamental Rights. and Directive Principles of state policy.

Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment
Course Outcome:
At the end of the course, a student will be able to understand:
CO1: Concept of ‘State’ in reference to fundamental rights.
CO2: The fundamental rights and the procedure for compliance of fundamental rights
and Writ jurisdiction of Supreme Court and High Court under Articles 32 and 226.
CO3: The duty of State and the relationship between fundamental rights and directive
principles.
CO 4: Ability to understand federalism, parliamentary form of government, emergency
provisions, etc. 20
Co 5 Acquires knowledge about citizenship, fundamental duties, directive principles,
etc.
Evaluation

21. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.

22. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

23. For continuous assessment of 25 marks, two internal exams, one seminar, and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

24. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Select Bibliography:

G. Austin, History of Democratic Constitution: The Indian Expenditure (2000)


Oxford.

D.D. Basu, Shorter Constitution of India, (1996), Prentice Hall of India, Delhi.

H.M. Seervai, Constitution of India, Vol. 1 - 3 (1992), Tripathi, Bombay.

M.P. Singh (ed.), V.N. Shukla, Constitutional Law of India (2000) Oxford.

G. Austin, Indian Constitution: Cornerstone of A. Nation (1972).

M. Galanter, Competing Equalities - Law and the Backward Classes in India (1984)
Oxford.

B. Sivaramayya, Inequalities and the Law (1984) Eastern, Lucknow.

S.C. Kashyap, Human Rights and Parliament (1978) Metropolitan, New Delhi.

[ All books latest editions have to be followed.]

21
Class: LL. B-I/B.A.LL. B III Semester: II Academic Year: -2022-2023

Paper no:--7

Revised Syllabus of LL.B. I & BSL III (Second Semester) 2022-23


Law of Crimes (IPC)

This paper with the above-mentioned perspectives in view comprises 84 units


Objectives of the Course:

To understand the concept of crime and its essentials;

To acquaint concept of punishments and minimum and maximum punishments;

To acquaint students with different kinds of offences;

To understand the concept of criminal liability

To acquaint students with corruption as offence and legislative provisions

Module/Topic No. of Period

1. General: Units 15

The conception of Crime 2. State's power to determine acts or commissions


as crimes 3. State's responsibility to detect, control and punish crime, 4.
The distinction between crime and other wrongs 5. Pre-colonial notions of
crime as reflected in Hindu, Muslim, and Tribal Law 6. The colonial
reception - Macauley’s Draft based essentially on British notion, 7 IPC a
reflection of different social and moral values 8. Applicability of IPC:
Territorial, Personal, Salient Features of the IPC.

Stages of Crime:

1. Guilty intention - Mere intention not punishable 2. Preparation:


Preparation is not punishable, exception in respect of certain offences of
grave nature or of a peculiar kind such as possession counterfeit coins, false
weights and measures. 3. Attempt: Attempt when punishable.

22
2. Elements of Criminal Liability: Units 5

1. Author of crime-natural person and a fit subject for punishment,


companies, and corporations 2. Men’s rea - evil intention 3. Importance of
Mens Rea 4. Recent Trends to fix liability without mens rea in certain
Socio-Economic Offences, 5. An act in furtherance of guilty intent 5. An
omission is specifically included in code 7. Injury to another.

3. Group liability: Units 6

1. Stringent provision in case of a combination of persons attempting to


disturb peace 2. Common intention 3. Abetment: Instigation, aiding and
conspiracy, Mere act of abetment punishable, 4. Unlawful Assembly 5.
Criminal conspiracy 6. Rotting as a specific offence.

4. Factors Negativing Guilty Intention: Units 10

1. Mental incapacity: Minority, Insanity impairment of cognitive


facilities, emotional imbalance, Medical and legal insanity, 2. Intoxication
- involuntary 3. Private Defense - Justification and limits, When private
defense extends to Pausing of death of protect body and property, 4.
Necessity, 5. Mistake of fact.

5. Types of punishment: Units 8

1. Death: Social relevance of capital punishment, Alternatives to capital


punishment, 2. Imprisonment - for life, with hard labour, simple
imprisonment 3. Forfeiture of property 4. Fine 5. Discretion in awarding
punishment: Minimum punishment in respect of certain offences.

6. Specific Offences Against Human Body: Units 10

1. Causing the death of human beings: Culpable homicide, Murder 2. The


distinction between culpable homicide and murder, Specific metal element
requirement in respect of murder. 3. Situation justifying treating murder as
culpable homicide not amounting to murder, Grave and sudden
provocation, Exceeding right to private defense, public servant exceeding
legitimate use of force, death in the sudden fight, Death caused by consent
of the deceased - Euthanasia, Death caused of a person other than the
person intended, Miscarriage with or without consent 4. Rash and
negligent act causing death 5. Hurt-grievous and simple 6. Assault and
criminal force 7. Wrongful restrain and wrongful confinements -
kidnapping from lawful guardianship and from outside India. 8.
Abduction.

23
7. Offices Against Women: Units 10

1. Insulting the modesty of a women 2. Assault or criminal force with


intent to outrage the modesty of women. 3. Causing miscarriage without
woman's consent: Causing death by causing miscarriage with woman's
consent 4. Kidnapping or abducting women to compel her to marry or
force her to illicit intercourse 5. Buying a minor for purposes of
prostitution 6. Rape: Custodial rape, Marital rape 7. Cruelty by husband
or relatives of the husband 8. Common law remedies to protect against
obscene/indecent depiction of women.

8. Offices Against Property: Units 10

1. Theft 2. Cheating 3. Extortion 4. Robbery and Dacoity 5. Mischief


6. Criminal misrepresentation and criminal Breach of Trust.

9. Offences by or relating to public servants: Units 5

The Prevention of Corruption Act, 1988

10. Concept & nature of Cyber Crime Units 5

Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment
Course Outcome: At the end of the course, a student will be able to understand:

CO1: To illustrate how society views crime against women, the human body, and
property.
CO2: Demonstrate an in-depth understanding of the aspects of criminal justice, or law
and its relationship to larger social issues
CO3: Identify, explain and apply the principles of criminal law covered in the course
CO4: Understand various offences, their essentials & punishments

Evaluation

25. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.

26. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

27. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester. 24
28. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Select Bibliography:

K.D. Gaur, Criminal Law: Cases Materials (1999), Butterworths, India.

Ratanlal - Dhirajlal's Indian Penal Code (1994 reprint)

K.D. Gaur, A Text Book on the Indian Penal Code (1998), Universal, Delhi

P.S. Achuthan Pillai, Criminal Law (1995) Eastern, Lucknow.

Hidayathullah, M. et al., Rantanalal and Dhirajlals The Indian Penal Code (1994
reprint), Wadhawa and Co., Nagpur.

B.M. Gandhi, Indian Penal Code (1996), Eastern, Nagpur.

25
Class: LL.B. I/BA.LL.B. III Semester: II Academic Year: 2022-2023

Paper no:- 8

Revised Syllabus of LL.B. I & BA.LL.B. III (Second Semester) w.e.f.-2022-23


Insurance Law

This paper with the above-mentioned perspectives in view comprises 84 units


Objectives of the Course:
To acquaint students with the concept, nature, importance, and history of insurance;
To acquaint students with general principles of insurance contracts, kinds of
insurance;
To provide an analytical understanding of the legal regime relating to insurance.

Module/Topic No. of Hours/


Period

1. Introduction
1. Definition, Nature of Insurance contract, various kinds of insurance, proposal,
policy, parties, consideration
2. The Risk- commencement, attachment, and duration. 10 Unit
3. Assignment and alternation
4. Insurance policy, the law of contract, and law of tort-future of insurance – need
importance and place of insurance

2. Indian Insurance Law: General


1. History and development of Insurance 2. The Insurance Act 1938 10 Unit
3. Constitutional perspectives the Entries 24,25,29,30,47 of Union list, 23,24 of
Concurrent list 4. The Insurance Regulatory and Development Authority Act
,1999

3. General Principles of Law of Insurance-


1. Insurable interest 2. Utmost good faith 3. Indemnity 4. Contribution 12 Unit
5. Subrogation 6. Proximate cause 7. Warranties and conditions
8. Loss minimization

26
4. Life Insurance
1. Nature and scope. 2. Event insured contract
3. Circumstances affecting the risk.4. Amounts recoverable under life policy. 13 Unit
5. Persons entitled to payment.
6. Settlement of claim and payment of money.

5. Marine Insurance
1. Nature and Scope 2. Classification of marine policies
3. The Marine Insurance Act, 1963 4. Marine Insurance policy- condition-express
warranties construction policy. 13 Unit
5. Voyage-deviation. 6. Perils of the sea 7. Assignment of policy.
8. Partial laws of the ship and of fright, salvage, general average, particular. 9.
Return of premium

6. Fire Insurance
1. Meaning of Fire, Nature, and Scope of Fire Insurance contract,
10 Units
2. Essentials of a fire insurance contract,
3. Kinds of fire policies, 4. Settlement of fire insurance claim

7. Insurance Against Accidents


1. The Personal Injuries (Compensation Insurance) Act 1963.
08Unit
2. Compensation payable under the Act.
3. Compensation insurance scheme under the Act- compulsory insurance.

8. Miscellaneous Insurance Schemes – New Dimensions – 1. Group life


insurance 2. Med claim, sickness insurance 3. Group health insurance 4. Double 08 Unit
Insurance and Re-insurance.

Note: Out of 84 units, 63 shall be for teaching and 21 for continuous assessment
COURSE OUTCOMES

CO1: Experiential knowledge of the practice relating to Insurance.

CO2. Professionals can find lucrative opportunities in all branches of insurance such
as life, property, automobile, and medical insurance.

CO3.The rapidly growing turf of insurance is a new opportunity for legal practitioners
attracting many reputed firms and independent legal consultants.

27
Evaluation

29. There shall be a total assessment of 100 marks i.e. End Semester Exam (ESE) 75
Marks and a continuous assessment (CA) of 25.

30. For ESE, there shall be a theory paper of 75 marks containing 8 questions of equal
marks - the 8th question shall be for writing short notes any 3 out of 5. The student has
to attempt any 5 out of 8 questions.

31. For continuous assessment of 25 marks, two internal exams, one seminar and the
overall performance of students shall be considered. Continuous Assessments shall be
made throughout the semester.

32. Passing- There shall be 40% passing in end semester exam (ESE) and (75) marks
and 40% in continuous assessment (25 marks) distinctively/separately

Bibliography –

John Hanson and Christopals Hencly, All Risk Property Insurance (1999)

Peter Mac Donald Egger and Patric Foss, Good Faith and Insurance Contract

Banerjee, Law of Insurance (1994)

Mitra B,.C, Law Relating to Marine Insurance (1997)

JCB Gilaar and Mustill, Arnod on the Law of Marine Insurance (1981)

M.N. Sreeivasan Law and the Life Insurance Contract (1914)

28
Class: LL.B. I/BA.LL.B. III Semester: II Academic Year: 2022-2023

Paper no: - 9

Revised Syllabus of LL.B. I & BA.LL.B. III w.e.f.-2022-23

Sub: PROFESSIONAL ETHICS, ACCOUNTANCY FOR LAWYERS AND


BAR-BENCH RELATION Paper – IX (CBCS Pattern)

This practical component shall consist of two parts i.e. Part (A) Record Book writing
and practical exercises (75 Marks), and Part (B) Viva-voce (25 Marks). Each candidate
shall submit a duly verified practical record as per the prescribed syllabus to be
completed Viva voce for 25 marks shall be conducted by the External Examiner
nominated by the University as per the University Examination timetable.

Sr. Content
Units
No

Part Professional Ethics-


A (1) a. Meaning, the need for professional ethics, the
30
importance of the legal profession, historical
evolution in India
b. Enrolment of Advocates under The Advocates Act
1961, qualification, disqualification, rights and
privileges, and duties of Advocates.
Part Accountancy for Lawyers
A (2) a. Meaning, kinds, the necessity of accountancy for
15
lawyers, valuation of suits, court fees, Advocate
fee, Advocate Welfare Fund fees, professional tax,
service tax, etc.
b. Visits to the chamber of Advocate.
Part Bar Bench Relations-
A (3) a. Meaning and respective obligation of bar and
bench, professional misconduct by lawyers, its 30
kinds, contempt of 29
court, its kinds,
b. 10 Selected opinions of Disciplinary
Committee of Bar Council
c. 10 Major Judgment of Supreme Court on
contempt of court
d. Visits to the Bar and Court Room
Part Viva-Voce-
B It shall be conducted at the end of the academic year on
25
the whole syllabus

Part A (75marks) +Part B (25 marks ) = 100 marks

Suggested readings-

1. Dr. S.R. Myneni, Professional Ethics, Accountancy for lawyers and Bench Bar
Relation, Asia law House, Hyderabad.
2. G.L.Anand, General Principles of Legal Ethics, Law Book Co. Allahabad
3. Dr.S.K. Awashthi, Law and Conduct of Legal Profession, CTJ publication,
Pune
4. Dr. S.P. Gupta, Professional Ethics, Accountancy for Lawyers and Bench Bar
Relation, Central Law Agency, Allahabad
5. Dr. Kailash Rai, Legal Ethics, Accountancy for Lawyers and Bench Bar
Relations, Central Law Publication, Allahabad
6. P. Ramantha Aiyer, Legal and Professional Ethics, Wadhwa Nagpur
7. Bhalla’s Advocates Act and Professional Ethics, Nasik Law House,
Aurangabad
8. J.P.S. Sirohi, Professional Ethics, Accountancy for Lawyers and Bench Bar
Relation, Allahabad Law Agency
9. Advocates Act1961
10. Contempt of Court Act 1971
11. The Bar Council of India Rules

30

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