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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 1 PROGRAM STRUCTURE COURSE DETAILS NAME OF COURSE: BALLB DURATION – 5 YEARS / 10 SEMESTERS

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Page 1: PROGRAM STRUCTURE COURSE DETAILS NAME OF COURSE: …

DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 1

PROGRAM STRUCTURE COURSE DETAILS

NAME OF COURSE: BALLB

DURATION – 5 YEARS / 10 SEMESTERS

Page 2: PROGRAM STRUCTURE COURSE DETAILS NAME OF COURSE: …

DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 2

PROGRAM STRUCTURE AND

MARKING SCHEME

SEMESTER –I

SEMESTER –I BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW1001 JURISPRUDENCE-I 3 1 40 60 100

4

BALW1002

ECONOMICS-I

3

1

40

60

100

4

BALW1003

GENERAL ENGLISH-I

3

1

40

60

100

4

BALW1004

CONTRACT-I

3

1

40

60

100

4

BALW1005

SOCIOLOGY-I

3

1

40

60

100

4

BALW1006

POLITICAL SCIENCE-I

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 3

SEMESTER –II

SEMESTER –II BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW2001 JURISPRUDENCE II 3 1 40 60 100

4

BALW2002 ECONOMICS II

3

1

40

60

100

4

BALW2003 GENERAL ENGLISH II

3

1

40

60

100

4

BALW2004 LAW OF CONTRACT II

3

1

40

60

100

4

BALW2005 SOCIAOLOGY II

3

1

40

60

100

4

BALW2006 POLITICAL SCIENCE II

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 4

SEMESTER –III

SEMESTER –III BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW3001

ECONOMICS–III

3 1 40 60 100

4

BALW3002

SOCIOLOGY-III

3

1

40

60

100

4

BALW3003

POLITICAL SCIENCE – III

3

1

40

60

100

4

BALW3004

LAW OF TORTS

3

1

40

60

100

4

BALW3005

INDIAN CONSTITUTION LAW-I

3

1

40 60

100

4

BALW3006

INDIAN PENAL CODE-I

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 5

SEMESTER –IV

SEMESTER –IV BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW4001

HISTORY-I (INDIAN

HISTORY) 3 1 40 60 100

4

BALW4002

FUNDAMENTALS OF IT

3

1

40

60

100

4

BALW4003

PHILOSOPHY – I

3

1

40

60

100

4

BALW4004

ADMINISTRATIVE LAW

3

1

40

60

100

4

BALW4005

CONSTITUTION LAW-II

3

1

40

60

100

4

BALW4006

INDIAN PENAL CODE-II

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 6

SEMESTER –V

SEMESTER –V BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW5001

HISTORY – II (LEGAL

HISTORY) 3 1 40 60 100

4

BALW5002

FOREIGN LANGUAGE

3

1

40

60

100

4

BALW5003

COMPANY LAW

3

1

40

60

100

4

BALW5004

CODE OF CRIMINAL

PROCEDURE – I

3

1

40

60

100

4

BALW5005

ENVIRONMENTAL STUDIES

AND ENVIRONMENTAL LAWS

3

1

40

60

100

4

BALW5006

FAMILY LAW – I

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 7

SEMESTER –VI

SEMESTER –VI BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW6001

HISTORY – III (HISTORY OF MODERN EUROPE: 1740-

1947) 3 1 40 60 100

4

BALW6002

BUSINESS LAW

3

1

40

60

100

4

BALW6003

PUBLIC INTERNATIONAL

LAW

3

1

40

60

100

4

BALW6004

CODE OF CRIMINAL

PROCEDURE – II

3

1

40

60

100

4

BALW6005

LAW OF EVIDENCE

3

1

40

60

100

4

BALW6006

FAMILY LAW – II

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 8

SEMESTER –VII

SEMESTER –VII BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW7001

PHILOSOPHY – II 3 1 40 60 100

4

BALW7002

LABOUR LAW – I

3

1

40

60

100

4

BALW7003

LAND LAWS

3

1

40

60

100

4

BALW7004

CODE OF CIVIL PROCEDURE – I

3

1

40

60

100

4

BALW7005

PROPERTY LAW

3

1

40

60

100

4

BALW7006

HEALTH CARE LAW

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 9

SEMESTER –VIII

SEMESTER –VIII BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW8001

PHILOSOPHY – III

3 1 40 60 100

4

BALW8002

LABOUR LAW – II

3

1

40

60

100

4

BALW8003

PRINCIPLES OF TAXATION LAW

3

1

40

60

100

4

BALW8004

CODE OF CIVIL PROCEDURE – II

3

1

40

60

100

4

BALW8005

INVESTMENT AND COMPETITION LAW

3

1

40

60

100

4

BALW8006

SPORTS LAW

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 10

SEMESTER –IX

SEMESTER –IX BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW9001

PROFESSIONAL ETHICS

( CLINICAL PAPER-I) 3 1 40 60 100

4

BALW9002

DRAFTING, PLEADING AND CONVEYANCE (CLINICAL PAPER-II)

3

1

40

60

100

4

BALW9003

INTERPRETATION OF

STATUTES

3

1

40

60

100

4

BALW9004

LAW OF LIMITATION

3

1

40

60

100

4

BALW9005

INTELLECTUAL PROPERTY

RIGHTS

3

1

40

60

100

4

BALW9006

SPACE LAW

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 11

SEMESTER –X

SEMESTER –X BALLB

Code SUBJECT Hours Week Maximum

Marks Total No. of Credits

Lectures Tutorials Internal External

BALW10001

ALTERNATIVE DISPUTE RESOLUTION

(CLINICAL PAPER-III) 3 1 40 60 100

4

BALW10002

CYBER LAW

3

1

40

60

100

4

BALW10003

FORENSIC SCIENCES

3

1

40

60

100

4

BALW10004

MOOT COURT EXERCISE AND INTERNSHIP

(CLINICAL PAPER-IV)

3

1

40

60

100

4

BALW10005

RIGHT TO INFORMATION

ACT

3

1

40

60

100

4

BALW10006

WHITE COLLAR CRIME

3

1

40

60

100

4

TOTAL

600

24

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DY PATIL DEEMED TO BE UNIVERSITY SCHOOL OF LAW Page 12

INTERNSHIP GUIDELINES

30 DAYS INTERNSHIP AFTER COMPLETION OF ONE ACADAMIC YEAR OR TWO SEMESTERS AS PRESCRIBED BY BAR COUNCIL OF INDIA.

COMPLETION OF ACADAMIC YEAR OR SEMESTERS

INTERNSHIP

SEMESTERS I & II

30 DAYS

SEMESTERS III & IV

30 DAYS

SEMESTERS V & VI

30 DAYS

SEMESTERS VII & VIII

30 DAYS

SEMESTERS IX & X

30 DAYS

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DETAILED SYLLABUS FOR

BALLB

5 YEAR COURSE

SEMESTER 10

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1ST YEAR SEMESTER –I

JURISPRUDENCE –I

Objective: The course aims at developing an analytical approach to understand the nature of law, development of law and working of a legal system in different dimensions with reference to popular legal theorists.

UNIT-I

a. Definition; Nature and province/scope of Jurisprudence

b. Definition and Concept of Law

c. Sources of Law

d. Relation of Law and morality

e. Elements of Law and Jurisprudence:

UNIT-II

a. Natural Law-its Development and relevance in modern times

b. Analytical School of law

c. Austin’s Theory of Law

d. Kelsen’s Pure Theory of Law

e. Hart’s Concept of Law

f. Historical School of Law

UNIT-III

a. Sociological School of law

b. Realist School of Law

c. Socio Economic and Legal Philosophy

d. Poverty Jurisprudence and Legal Aid

e. Public Interest Litigation

UNIT-IV

a. Legal Rights and Duties

b. Ownership and possession

c. Concept of Person and Nature of legal personality

d. Concept of Property, Obligation and Liability

e. Law and Administration of Justice

UNIT – V

a. Ancient Indian Jurisprudence

b. Concept of Dharma and Hindu Jurisprudence

c. Role of DharmaShastas, Shrutis, Smrutis etc

d. Raja Dharma and Dandaneeti – Theories of Punishment.

e. Administration of Justice in Ancient India

Text books:

1. R.W.M. Dias, Jurisprudence

2. Prof. (Mrs.) Nomita Aggarwal , Jurisprudence (Legal Theory)

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SEMESTER –I

ECONOMICS-1

(Microeconomic Analysis)

Objective: The objective of this paper is to provide broad understanding of basic concepts of economics and understanding of relationship between economics and law.

Unit - I: Introduction to Economics

a. Definition, methodology and scope of economics b. Forms of economic analysis – Micro

vs. macro, partial vs. general, static vs. dynamic, positive vs. normative, short run vs.

long run c. Basic concepts and precepts – economic problems, economic rationality,

optimality d. Economic organization – market, command and mixed economy e.

Relation between economics and law- economic offences and economic legislation

Unit - II: Demand and Supply

a. Theories of demand- demand function, law of demand b. Concept of utility and utility

theory-utility approach, indifference curve approach c. Law of supply, supply function

d. Price determination; shift of demand and supply e. Elasticity of demand and supply;

consumer surplus f. Applications of demand and supply –tax floor and ceilings;

applications of indifference curves- tax, labor and work

Unit - III: Production Analysis, costs and market structure

a. Concepts of Production- production isoquants, returns, returns to factor, returns to scale

b. Cost and revenue concepts c. Classification of markets-pure and perfect competition;

monopolistic and imperfect competition; monopoly, duopoly and oligopoly; cartels; d.

Concept of Dumping- to be substantiated with the cases of International Courts of Justice,

Competition law

Unit - IV: Theory of determination of factor prices, rent, interest, wages and profit

a. Labour supply and wage determination

b. Role of trade unions and collective bargaining in wage determination; minimum wage legislation

c. Exploitation of labour

d. The theory of rent, interest and profits

Text Books: 1. Gould and Lazear Micro Economic Theory; AITBS; 1989 2. Lipsey Introduction to Positive Economics; ELBS 3. Samuelson Economics;

Reference: 1. Bilas Microeconomic theory; Mc Graw Hill Intedn; 2nd edition 2. Hirshleifer Price Theory and Applications; Prentice Hall; 1978 3. Hal Varian Intermediate Micro-economics; Norton & Co. 4. Myneni, S.R. Principles of Economics; Allahabad law Agency; Faridabad 5. Dewett, K.K.Modern Economic Theory;

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SEMESTER –I

GENERAL ENGLISH-1

Objectives:

1. This paper focuses on orientation of students to legal studies from the point of view of basic concepts of law and legal system.

2. The Objective of this paper is to develop a student capability to write and speak in English correctly.

3. The purpose of the paper is to acquaint the students with the nature of English language and its grammatical concepts.

Module 1: Grammar and Usage (Communication Skills)

1. Simple sentence (one clause) (their phrase structure)

a. Tense and Concord

b. Noun modifiers (Determiners Propositional phrases, Clauses)

c. Passives

d. Negatives

e. Questions

2. Complex and Compound Sentences (use of connectives)

3. Conditionals

4. Reported speech

5. Question -tags and Short Responses

6. Some Common Errors

Module 2: Vocabulary (Communication skills)

1. Legal terms

2. Use of Legal Terms and idiomatic expressions

Module 3: Comprehension skills

1. Reading comprehension (Principles and Practice)

2. Listening comprehension

Module 4: Composition skills

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1. Paragraph writing

2. Formal correspondence

3. Note taking

4. Translation from regional language into English and vice-versa

References:

1. Wren and Martin: English Grammar and composition

2. Essay, Precis, Composition and Comprehension by J.E. Eroforn

3. T.E. Berry; The most common mistakes in English

4. Ishitiaque Abidi: Law and language

5. R.A. Close: A reference Grammar for students of English

6. Dallas: Read to Understand

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SEMESTER –I

LAW OF CONTRACT-1

Objective: The objective of this paper is to make students familiar with various principles of contract formation enunciated in the Indian Contract Act, 1872.

Unit-I: Formation of Contract

a. Meaning, Nature and Scope of Contract

b. Offer / Proposal: Definition, Communication, Revocation, General/ Specific Offer

c. Invitation to Treat d. Acceptance: Definition, Communication, Revocation, Tenders / Auctions

d. Effect of Void, Voidable, Valid, Illegal, Unlawful Agreements

e. Standard Form of Contract

f. Online Contracts

Unit-II: Consideration and Capacity

a. Consideration- Definition , Kinds, Essentials, Privity of Contract

b. Capacity to Enter into a Contract

c. Minor’s Position

d. Nature / Effect of Minor’s Agreements

Unit-III: Validity of Contract

a. Free Consent (Coercion, undue influence, Misrepresentation, Fraud, Mistake),

b. Legality of Object,

c. Wager Agreement,

d. Contingent contract,

e. Quasi contracts

Unit-IV: Discharge and Performance of Contract

a. Discharge of Contracts,

b. Performance,

c. Time and Place of performance,

d. Impossibility of performance,

e. Breach

Unit-V: Remedies

a. Damages and Remoteness

Text Books:

1. Anson, Law of Contract , Oxford University Press, 2010 (29th Edn)

2. Pollock & Mulla, The Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)

References:

1. Avtar Singh, Law of Contract and Specific Relief , Eastern Book Company, 2013 (11th Edn)

2. Pollock & Mulla, The Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)

3. Cheshire and Fifoot, Law of Contract, Lexis Nexis, 2010 (10th Edn)

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SEMESTER –I

SOCIOLOGY-1

Objective: The Objective is this paper is to focus on basic concepts of sociology relevant for understanding law and bring out the relationship between law and society.

Unit - I: Social Basis of Law

a. Relation between law and society b. Customary law- some case studies c. Role of courts and lawyers as social engineers d. Social legislation and social justice e. Social change and law

Unit II: Social Problems and Social Legislation

a. Issues of ethnic and inter – caste conflicts b. Communalism and fundamentalism c. Alcoholism and drug addiction d. Terrorism e. Poverty

Unit III: Social Control

a. Social Control- its meaning; mechanisms and agents of social control, functions and dysfunctions of social control b. Distinction between formal and informal social control c. Informal Agencies of social control-customs, folkways, mores and religion d. Formal Agencies- public opinion, media, propaganda and law

Unit IV: Social Deviance

a. Meaning and types of deviance b. Forms of crime-violent crime, property crime, white collar

crime, organized crime, sex crimes, environmental crime, cyber crimes c. Issues of domestic

violence and juvenile delinquency d. Some important theories of deviance-biological,

psychological, anomie, sub-culture, learning and social disorganization.

Text Books:

1. Harlambos, M. Sociology: Themes and Perspectives; Oxford University Press, 1980 2. Bottomore, T.B. Sociology: A Guide to Problems and Literature; Blackie and Sons India Ltd; 1971 3. Horton. P.b. and C.L. Hunt Sociology; McGrew- Hill book Company, Singapore, 1984. 4. Giddens, A. Sociology; Polity Press, UK; 1993

References: 1. Prasad, S.K. Social Problems in India; Mohit Publications Ltd. India; 2000 2. Anleu. S. and N.L. Roach Law and social changes; Sage Publications Ltd. Delhi; 2000 3. Saxena, D.r. Law, Justice and Social Change; Vedam Books, Delhi; 1996

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SEMESTER –I

POLITICAL SCIENCE-1

Course Introduction:

Political Science is a very useful social discipline. Its concepts, theories and methods are the outcome of a long academic tradition that started twenty five hundred years ago with Aristotle and Plato. Since then many philosophers and scholars like Machiavelli, J. S. Mill, Rousseau, Hegel, Marx and Gandhi have contributed theirs theories and enriched the subject. The concepts like state, sovereignty, power, authority, legitimacy, liberty, equality, democracy, justice have been analyzed in a scientifically as well philosophically and political theories have been formulated.The understanding of these theories can be very useful for our students of law who will be confronting these concepts in coming days.Political science provides students the understanding of the processes of politics… at the national and International level. Such an understanding is very useful in many ways .In the first place, the political participation of such people who understand the processes of politics is much higher than those who don’t understand it. Secondly, the study of political science enlightens the people about basic elements of politics and makes the process of reconciliation easy as the politics involves resolutions of conflicts. The failure to recognize these basic elements of politics creates various confusions in society.

Course Objective:

At the conclusion of this course, having completed the various learning activities and assessments, student should be able to:

1. Explain the most important concepts like state, the concepts like state, sovereignty, power, politics, authority, legitimacy, liberty.

2. Explain the relation of law with all these concepts like liberty, equality rights etc.

3. See the relevance of all these concepts like equality, liberty, justice etc. in our society.

4. See the real nature of politics and its importance in resolving conflicts in our society.

Course Outcome:

1. A student who successfully completes this subject will have a general understanding of the political theory and its different concepts; state, politics, political power, authority, legitimacy etc.

2. Understand and be able apply the knowledge of these concepts to his understanding of our society and its different systems like social, political and economic.

3. Demonstrate awareness of the politics, political processes, and political activities and political power.

Module-I Meaning Nature& Political System

Meaning and definition of political Science

Nature, scope of Political Science

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Relation of Political Science with other social Sciences; History,

Indian Political System

Module-II Introduction-The Constitution of India

The Preamble to the Constitution of India:

Salient features of the Indian Constitution:

Fundamental Rights and Duties,

parliamentary & Presidential system

Module-III Fundamental Rights and Duties:

Constitutional provisions and political dynamics:

Judicial interpretations and socio-political realities;

Module-IV The Union Executive:

President, Vice-President, Prime Minister and the Council of Ministers,

Constitutional provisions/framework and political trends.

Module-V The State Executive:

Governor, Chief Minister and the Council of Ministers;

Constitutional Provisions and Political Trends.

Module-VI Parliament: The Legislature

Powers and functions of the LokSabha&RajyaSabha;

Functioning of the Parliamentary System in India.

Module-VII The Judiciary:

The Supreme Court, High Court and Subordinate Courts

Module-VIII Indian politics

Defections in Indian politics

Challenges to Indian Democracy:

Text & References:

1. Granville Austin, Indian Constitution Cornerstone of a Nation, Oxford Publication

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2. Granville Austin (1999) - Working Democratic Constitution: The Indian Experience, Oxford Publication. 3. Durga Das Basu (2006) – An introduction to the Constitution of India, Prentice Hall, New Delhi, 2006. 4. W. H. Morris Jones - Government and Politics of India

5. A.C. Kapoor - Principals of Political Science

6. O. P. Gauba (2009) - An Introduction to Political Theory. Macmillan India Pvt Ltd.

7. J. R. Siwach (1990) – Dynamics of Indian government and politics, Sterling Publishers, New Delhi 8. J C Johari (2001) - Indian Government and Politics, ShobanNaginLal& Co

9. J C Johari (2004) - Constitution of India (3rd Revised Edition), Sterling Publishers Pvt. Ltd., New Delhi 10. J C Johari (2009) - Indian Polity, Lotus Press Publisher, New Delhi

11. J C Johari, Reflections on Indian politics; A critical commentary on development and decay of the Indian political system, Sultan and Chand publications

12. Rajani Kothari - Politics in India

13. A S Narang - Indian Govt. and Politics

14. M.P. Singh and Himanshu Roy - Indian Government and Politics

15. M P Singh and Satish K Jha (2006) - Indian Government And PolItics : A Political Commentary

16. P. C. Gupta (2009) – Indian Government & Politics, Sublime Publication

17. ArchanaChaturvedi (2006). Indian Government and Politics, Commonwealth Publisher

18. K.K. Ghai (2007)- Indian Government and Politics, Kalyani Publishers, New Delhi.

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SEMESTER –II

JURISPRUDENCE – II

Module – I Legal Rights & Duties

1. Definition, Basis & Characteristics of Legal Rights & Duties

2. Kinds of Legal Rights

3. Relation between Rights & Duties

Module – II Principles of Liability

1. Theories of Remedial Liability

2. Theories of Penal Liability

3. Liability & Negligence

4. Absolute Liability

Module – III Personality

1. Concept of Legal person, Dead person & Corporate person

2. Theories of Legal Personality: – Fiction Theory; Concession Theory; Bracket Theory; Realist Theory; Purpose Theory & Kelson’s Theory

Module – IV State, Sovereignty & Theories of Justice

1. Nature & Functions of State & its relationship with Law

2. Nature & Development with Sovereignty

3. Concept of Justice & Theories of Justice

Module – V Feminist Legal Theory

1. Concept of Feminism

2. Theories of Feminism

3. Patriarchal System

Module – VI Possession & Ownership

1. Possession in Fact and Possession in Law

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2. Relation between Possession & Ownership

3. Rights of Possessor and Kinds of Possession

Suggested Readings:

1. Bodenheimer Jurisprudence – The philosophy and Methods of Law (1996), Universal Publication, Delhi.

2. Fitzgerald, (ed.) Salmond on Jurisprudence (1999).

3. Tripathi, Bombay W. Friedman, Legal Theory (1999) Universal Pub., Delhi.

4. V. D. Mahajan, Jurisprudence and Legal Theory (1996 re-print), Eastern Books, Lucknow.

5. M.D.A. Freeman (ed.), Lloyd’s Introduction to Jurisprudence, (1994), Sweet and Maxwell

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SEMESTER –II

ECONOMICS II

(Macroeconomic Analysis)

Objective: The objective of this paper is to provide broad understanding of basic concepts of economics and understanding of relationship between economics and law

Unit – I: Overview of Macroeconomics

a. Interdependence of micro and macro economics b. Development of macroeconomics-Schools of Thought-Classical, Keynesian and Post-Keynesian c. Goals of macroeconomic policy d. Basic concepts-Stocks and Flows, National Product and Domestic Product, Aggregate Consumption, circular Flow of Income e. Alternative measures of National Output, Real and Nominal GNP f. The Principle of Effective Demand-Aggregate Demand and Aggregate Supply

Unit – II: Theory of Money and Banking

a. Functions for money, classification, supply and demand for money b. Effects of money on output and prices c. Inflation and deflation d. Monetary policy e. Money markets and capital markets f. Commercial Banking-functions organization and operations g. Central Banking- functions and credit control h. Non-Banking Financial Institutions-meaning, role; distinction between banks and NBFI

Unit – III: Principles of Public Finance

a. Tax system- its meaning and classification b. Public Finance vs. Private Finance c. Fiscal Policy- concept, objectives and instruments d. Central Budget e. Burden of deficits and debts

Unit – IV: Poverty, Business Cycles and Unemployment

a. Concept, causes and policy measures of poverty b. Features of business cycles c. Economic interpretation of unemployment.

Text Books:

1. Dwivedi, D.N. Macroeconomics; Tata Mc Graw Hill; 2005 2. Shapiro, E. Macroeconomic Analysis; Tata Mc Graw Hill; 2003 3. Seth. M.L. Money, Banking, International Trade and Public Finance;

Reference:

1. Dewett, K.K. Modern Economic Theory; 2. Myneni, S.R. Principles of Economics: Allahabad Law Agency; Faridabad 3. Bhatia, H.L. Public Finance; 4. Mishra, S.K. and V.K. Puri Modern Macroeconomic Theory; Himalaya Publishing House; 2003 5. Jhingan, M.L. Macroeconomic Theory;

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SEMESTER –II

GENERAL ENGLISH-II

Objective-This subject focuses on orientation of students to legal studies from the point of view of basic concepts of law and legal system. To develop capability for writing and speaking English correctly. To acquaint students with the nature of English language and its grammatical concepts

Module I Communication

a. Meaning b. Types and Directions to Communication c. Approaches to Communication d. Barriers to Communication e. Communication Process f. Channels of Communication

Module II Client Interviewing

a. Meaning and significance b. Different Components: listening, types of questions asked, Information gathering, Report formation, Ethical consideration

Module III Legal Counseling

a. Definition and its differentiation from general counseling b. Different types of counseling c. Approaches to Counseling d. Training Skills: Simulated exercises

Module IV Legal Reasoning

a. Legal Reasoning: Definition, Components of Legal Reasoning, Deductive and Inductive Reasoning, Levi’s and Bodenheimer’s Model of Legal Reasoning c. Law and Logic: Aristotelian Logic and Syllogism d. Significance of mooting to law students

Prescribed books

1. Glanville Williams, Learning the Law 2. Arthur T. Vanderbilt, studying Law, New York University Press, Washington 3. H. C. Jain, “Using Law Library” (1904) 24 JILI575 4. R. S. Atiyah, Law and Modern Society, Oxford University Press

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SEMESTER –II

LAW OF CONTRACT – II (SPECIAL CONTRACT)

Course Objective

This is to be taught after the students have been made familiar with the general principles of contract in which the emphases is on understanding and appreciating the basic essentials of a valid contract and on the existence of contractual relationship in various instances. Obviously, a course on special contracts should initiate the students to different kinds of contracts with emphasis on the intricacies therein. The course also should provide an insight into the justification for special statutory provisions for certain kinds of contracts.

Module – I Contracts of Indemnity

Meaning of Contract of Indemnity

Rights of Indemnity holder

Time of commencement of Indemnifier’s Liability

Are Insurance Contracts the Contracts of Indemnity?

Module – II Contracts of Guarantee

Meaning & Features of Contract of Guarantee

Difference between a Contracts of Indemnity & Contract of Guarantee

Nature & Extent of Surety’s Liability

Meaning & Revocation of Continuing Guarantee

Rights of Surety against Principal Debtor, Creditor & Co-Surety

Module – III Contracts of Bailment

Definition & Essentials of Contract of Bailment

Duties of Bailor

Duties of Bailee’s

Rights of the Bailee & General & Particular Lien

Duties & Rights of Finder of Goods

Module – IV Contracts of Pledge

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Definition of Pledge & Distinction between Bailment & Pledge

Rights of Pledgee

Pledging of goods by Non-Owners

Module – V Contracts of Agency

Meaning & Essentials of Contract of Agency

Different kinds of Agents- Auctioneers, Brokers & Del Credere Agents

Extent of Agent’s Authority – Actual, Apparent, Authority in Emergency

Duties of Agent

Termination of Agency

Suggested Reading:

1. Avtar Singh, Law of Contract and Specific Relief, Eastern Book Company, 2013 (11th Edn)

2. Pollock & Mulla, Indian Contract and Specific Relief Act, Lexis Nexis, 2013(14th Edn)

3. Anson, Law of Contract , Oxford University Press, 2010 (29th Edn)

4. Cheshire and Fifoot, Law of Contract, Lexis Nexis, 2010 (10th Edn)

5. Dutt, Contract- The Indian Contract Act, 1872, Eastern Law House, 11th Edition, 2013

6. MLJ, Law of Contract and Specific Relief, Lexis Nexis, 2009

7. S.K Kapoor, Contract – II, Central Law Agency, 2015

8. Akhilekshwar Pathak, Law relating to Special Contracts- Contracts of Bailment, Pledge, Hypothecation, Indemnity & Guarantee, 1st Edition, 2013

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SEMESTER –II

SOCIOLOGY-II (INDIAN SOCIETY)

Objective: The Objective of this paper is to focus on basic concepts of sociology relevant for better understanding of Indian Society.

Unit I : Features of Indian Society

a. Diversity- linguistic, racial, ethnic and religious b. Unity-through processes of assimilation, accommodation, pilgrimage and political and administrative efforts c. Basis of social stratification in Indian society-caste, class and tribes; d. Scheduled caste, scheduled tribe and other backward classes: issue of reservation

Unit II : Marriage, family and kinship

a. Marriage-definition, forms and trends; dowry and divorce b. Family-definition, forms and trends; universality of family; functions and dysfunctions of family c. Kinship- definition and forms; kinship system in north and south India-important features;

Unit III: Identity, dignity and social justice in India

a. Children and youth b. Women c. Aged d. Physically challenged e. Religious and ethnic minorities

Unit IV: Social Change in India

a. Internal social processes of change-sanskritization, universalization and parochilization b.

External sources- modernization and westernization c. Change initiated through state agencies-

education, administrative policies, development processes.

Text Books:

1. Harlambos, M. Sociology: Themes and Perspectives; Oxford University Press, 1980 2. Bottomore, T.B. Sociology: A Guide to Problems and Literature; Blackie and Sons India Ltd; 1971 3. Horton. P.b. and C.L. Hunt Sociology; McGrew- Hill book Company, Singapore, 1984. 4. Giddens, A. Sociology; Polity Press, UK; 1993

References:

1. Mandelbaum, D.G. Society in India; Volume I and Volume II; Popular Prakashan, Mumbai; 1992 2. Bhushan, V. and D.R. Sachdeva An Introduction to Sociology; Kitab Mahal, Allahabad; 1999 3. Prabhu, H.P. Hindu Social Organisation: A study in Socio-Psychological and Ideological Foundations; Popular Prakashan, Bombay; 1963

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SEMESTER –II

POLITICAL SCIENCE-II

Course Introduction:

Political Science is a very useful social discipline. Its concepts, theories and methods are the outcome of a long academic tradition that started twenty five hundred years ago with Aristotle and Plato. Since then many philosophers and scholars like Machiavelli, J. S. Mill, Rousseau, Hegel, Marx and Gandhi have contributed theirs theories and enriched the subject. The concepts like state, sovereignty, power, authority, legitimacy, liberty, equality, democracy, justice have been analysed in a scientifically as well philosophically and political theories have been formulated. The understanding of these theories can be very useful for our students of law who will be confronting these concepts in coming days.

The late 20th century demonstrated beyond doubt the world has become a global village. The phenomenon of globalization has have greatly altered our understanding of politics and focus has shifted from national politics to international politics. Political science provides students the understanding of the processes of international politics. Such an understanding is very useful in many ways in this era of globalization. The emerging global issues like New International Economic Order, Feminist Perspective, Realist Perspective,, Regional Organizations, Dynamics of National interest and foreign policy, Impact of nuclear weapons on international relations and such other course topics can help students to understand the trends of the global politics.

Course Objective:

This Course is designed to give students a sense of some important theoretical Approaches to understand international relations as well understand the Indian role in the global politics today.

1. Explain the most important concepts like International politics, realist approach vs. idealist approach to international politics Relevance of Non-Alignment, rising of economic disparities in the world and establishment of New International Economic Order.

2. Explain the role of United Nations in the contemporary world.

3. The student would not only have an insight into the foreign policy of India but would also understand the role of India in the international politics as regional power.

4. See the role of concepts like International Law, World Public Opinion. And International morality as limitations on national power.

Course Outcome:

1. A student who successfully completes this subject will have a general understanding of the International politics.

2.Understand and be able apply the knowledge of these concepts like national power, foreign policy, national interest, balance of power, Power vacuum.

3. Demonstrate awareness of the Global politics, and problems being faced by the world in the contemporary world.

A student who completes the course would have an insight into the foreign policy of India.

Module-I

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Power

a. Concept

b. Components of National Power – population, geography, resources, economic organization, technology and military force.

c. Limitations on National Power- international morality, public opinion and international law

d. Balance of power Contemporary Global concerns

Module-II

United Nations

a. UN – Six Principal Organs – General Assembly, Security Council, Economic and Social Council, Secretariat, Trusteeship Council and International Court of Justice

b. Peaceful settlement of Disputes- Negotiations, mediation, conciliation, arbitration and judicial settlement.

Module-III

Diplomacy

a. Cold War diplomacy- Causes, Phases and Case studies – Korean Crisis, Vietnam Crisis, Cuban Crisis, Afghanistan Crisis, Gulf War-I

b. Post-Cold War- Ongoing missions – Gulf War –II, Ethiopia, Somalia

c. Foreign Policy – Alliances- NATO, CENTO, SEATO and WARSAW Pact and Non Aligned Movement.

Module-IV

Contemporary Global concerns

a. Non -State Actors – (i) NGOs (ii) Inter- Governmental Organizations (IGOs)- IMF, WTO, OPEC

and OAU.

b. b. International Terrorism – Issues of Resources, Territorial Claims, Culture and Religion

Books Recommended

1. Introduction to International Relations, Couloumbis& Wolfe, New Delhi: Prentice hall, 2000.

2. The Global System: Economics, Politics, and culture, Axeford, B, Cambridge, Polity Press, 1995.

3. Global Politics: An Introduction, Oxford, Blackwell, 1966.

4. International Relations Theory: New Normative approaches, Hemel Hempstead, Harvester Wheatsheaf, 1992.

5. India’s Foreign Policy and Relations,Appadorai and Rajan, M. S. (eds.) (1985. New Delhi: South AsianPublishers.

6. India’s Foreign Policy: Retrospect and Prospect.Ganguly, S. (ed.) (2009) New Delhi: Oxford UniversityPress.

7. India in a Changing World: Problems, Limits and Successes of Its Foreign Policy. Vanaik, A. (1995) NewDelhi: Orient Longma

8. International Relations and World Politics‐Security, Economy,

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2ND YEAR:

SEMESTER –III

ECONOMICS–III

(Economic Development and Policy)

Objective: The objective of this paper is to provide broad understanding of basic concepts of economics and understanding of relationship between economics and law.

Unit – I Economies of Development

1. Concepts of Economic Development and Growth

2. Factors of Economic Growth – Economic and Non-economic

3. Obstacles of Economic Development

4. Inequalities of income

Unit – II Issues in Economic Development

1. Debate on State vs. Markets

2. Public vs. Private Sectors

3. Economic Planning in India-meaning and significance of planning, size of the plans, strategy of the plans, pattern of resource allocation, assessment of performance during plans

4. Infrastructure and development

Unit – III International Trade

1. Free Trade and Protection

2. Fixed and Flexible Exchange Rates

3. Balance of Trade and Balance of Payments

4. International Institutions- IMF, WB, WTO

Unit – IV : Liberalization, globalization and related issues

1. New Economic Policy- Structural Adjustment Programme (SAP)

2. Second Generation Reforms

3. Regional Trading Blocks and Bilateral Trade Treatise

4. SEZ, FDI, Inclusive Growth

Text Books:

1. Todaro, M. Economic Development in the Third World;

2. Myint, H. The Economics of Developing Countries;

3. Economic Survey- Latest Issue

References:

1. Jhingan, M.L. Development Economics;

2. Dhingra, I.C. Indian Economy;

3. Mishra, S.K. and V.K. Puri Indian Economy ; Himalaya Publishing House;

4. Mathur, B.P. Public Enterprise Management;

5. Myneni, S.R. Indian Economics; Allahabad Law Agency; Faridabad

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SEMESTER –III

SOCIOLOGY-III

Objective: The objective of this paper is to focus on basic concepts of sociology relevant for understanding of society and various social issues.

Unit I : Introduction

a. Sociology – definition, aims and scope

b. Relation with other social sciences- history, anthropology and psychology

c. Important theoretical approaches- evolutionism, functionalism, conflict theory, interactionist theory

Unit II: Contributions of eminent sociologists

a. Saint Simon

b. August Comte

c. Emile Durkheim

d. Herbert Spencer

e. Karl Marx

f. Max Weber

g. Talcott Parson

h. Pareto

Unit III: Basic concepts

a. Society

b. Community

c. Association

d. Social groups

e. Status and role

Unit IV: Research Methods

a. Types of methodology – comparative, descriptive, diagnostic, exploratory, experimental

b. Research methods – documentary, empirical and survey method

c. Tools of data collection- observation, interview, questionnaire and schedule, genealogy, case study, sampling

d. Stages of data collection- conceptualizing problem, laying down hypothesis, defining the variables, choosing the tools of data collection, phase of data collection, data analysis

Text Books:

1. Harlambos, M. Sociology: Themes and Perspectives; Oxford University Press, 1980

2. Bottomore, T.B. Sociology: A Guide to Problems and Literature; Blackie and Sons India Ltd; 1971

3. Horton. P.b. and C.L. Hunt Sociology; McGrew- Hill book Company, Singapore, 1984.

4. Giddens, A. Sociology; Polity Press, UK; 1993

References:

1. Davis, K. Human Society; Surjeet Publications, India; 2000

2. Desai, N. and M. Krishnaraj Women and Society in India; Ajanta Publications; 1987

3. De Mellow, R.C. Identity and Social Life: Psychological Issues; International University Press, 1978

4. Mac Iver and Page Society: An Introductory Analysis ; Mac Millan India Ltd. , New Delhi

5. Myneni Sociology; Allahabad Law Agency, Faridabad; 2004Goode, W.J. and P.K. Hatt Methods in Social Research; McGraw- Hills; New York; 1952

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SEMESTER –III

POLITICAL SCIENCE – III Objective: This paper focuses on understanding the basic concepts, theories and functioning of state.

Unit – I:

Introduction and theories

a. Introduction i. What is Political Science- definition, aims and scope ii. Relationship between Political

Science and Law

b. Theories of State i. Divine and Force theory ii. Organic theory iii. Idealist theory iv. Individualist theory v.

Theory of social Contract

c. Indian Context a. Santiparva and Kautilaya’s Saptang theory b. Development of concept of Hindu State c.

Islamic concept of state

Unit – II:

Liberalism and Totalitarianism

a. Liberalism i. Liberalism meaning and features ii. Merits and demerits

b. Totalitarianism i Totalitarian state – meaning and features ii Merits & demerits of Totalitarian state iii

Fascism & Nazism

Unit – III:

Socialism and Marxism

a. Socialism i. Socialism- meaning and features ii. Schools of Socialism Fabianism Syndicalism Guild

socialism

b. Marxism i Concept of Marxism ii Historical and dialectical materialism iii Concept of class and class

struggle iv Merit and demerits of Marxism

Unit – IV:

Political Thinkers

a. Western Political Thinkers- Plato, Aristotle, St. Augustine, St. Aquinas, J.S. Mills and T.H. Green

b. Indian Political thinkers – Gokhale, M.N. Roy, Jay Prakash Narayan, Gandhi and Nehru

Text Books:

1. Eddy Asirvatham & K.K. Misra, Political Theory, S. Chand & Company Ltd., Delhi

2. A.C. Kapur, Principles of Political Science, S.Chand & Company Ltd., Delhi

References:

1. Myneni, Political Science for Law Students, Allahabad Law Agency

2. R.L. Gupta, Political Theory

3. Vishoo Bhagwan, Indian Political thinker

4. Amal Ray & Bhattacharya, Political Theory: Ideas and Institution

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SEMESTER –III

LAW OF TORTS

Law of Torts( Motor Vehicles Act & Consumer Protection Act)

Objective: This paper is to make students understand the nature of tort and conditions of liability with reference to established case law. Further, it covers the Consumer Protection Act, 1986.

Module – I Introduction to Tort

Nature and Definition of Torts;

Tort distinguished from Contract, Quasi-Contract,

Crime: Conditions of liability including damnum sine injuria, injuria sine damnum; Remoteness of damages;

Maxims: Ubijus ibi remedium, Res ipsa loquitor, etc.;

Justification in Tort - Volenti non-fit Injuria, Necessity, Plaintiff’s default, Act of God, Inevitable accidents, Private defences, Judicial and Quasi – Judicial Acts, Parental and quasi-parental authority.

Module-II Actions in Tort

Assault, Battery, False Imprisonment, Malicious Prosecution; Defamation-Libel, Slander including defenses in an action for defamation.; Vicarious Liability; Liability of State; Doctrine of Sovereign Immunity.

Module-III

Negligence

Negligence including contributory negligence and other defenses: Absolute liability/Strict liability, Rules in Ryland v. Fletcher; Principles for the application of the rule and defenses; Enterprises engaged in hazardous activities – M.C. Mehta v. Union of India; Nuisance; Trespass.

Module-IV Consumer Protection

a. Definitions of Consumer, Goods and Services

b. Rights and Duties of Consumer

c. Authorities for Consumer Protection

d. Remedies

Module-V Motor Vehicles

Motor Vehicles Act, 2019

Text Books:

1. W.V.H. Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, 2010 (18th Edn)

2. Ratanlal & Dhirajlal, The Law of Torts, Lexis Nexis, 2013 (26th Edn)

References:

1. B.M. Gandhi, Law of Torts with Law of Statutory Compensation and Consumer Protection, Eastern Book Company, 2011 (4th Edn)

2. R.K. Bangia, Law of Torts including Compensation under the Motor Vehicles Act and Consumer Protection Laws, Allahabad Law Agency, 2013 3. Ramaswamy Iyer’s , The Law of Torts, Lexis Nexis, 2007 (10th Edn)

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SEMESTER –III

INDIAN CONSTITUTION LAW-I

Introduction:

The constitution of a country is regarded as the Fundamental law of the land, to which all other Laws are

subordinated to and it pertains to formation, structure and functions of the institution of the State and

Government of that country. It delineates the powers and responsibilities of various instrumentalities of the

state, imposes limitation upon them, regulates the relation between the state and its subjects, confers,

protects and strives to develop certain rights to its subjects. In short, the constitution as a political

document strives to construct a common, national, political and constitutional identity for the people who

are subjected to it.

Objectives:

The objective of the course is to familiarize the students with the underlying Philosophy of the

Constitutional principles. To have an idea about the development of Constitutional both through Judicial

Process and Legislative process and also to understand as a political instrument, how it has responded to the

socio – economic and political aspirations of the people.

Module I INTRODUCTION, HISTORICAL BACKGROUND AND FEATURES OF INDIAN CONSTITUTION

Evolution of the Indian Constitution: Objective Resolution, Government of India Act, 1919 and 1935,

Indian Independence Act, 1947,

Commencement and drafting of the Constitution,

Meaning of Constitution and Constitutional Law,

Nature of Indian Constitution,

Salient Features of Indian Constitutions

Module II

PREAMBLE, UNION AND ITS TERRITORY, CITIZENSHIP

Purpose, objectives and amendment of Preamble,

India as a Union of States, Territory of India, Formation of new States and alteration of Boundaries

of existing States, Addition and Cession of territory.

Meaning and Constitutional Provision for Citizenship, Citizenship as a Political identity, Citizenship at

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the Commencement of the Constitution, Citizenship under Citizenship Act, 1955, Termination of

citizenship

Module III

FUNDAMENTAL RIGHTS IN GENERAL

Evolution of Fundamental Right, Definition of State under Art 12, State outside Art 12 and expanding

horizons of State;

Definition of Law under Art 13, Existing Laws and Future laws, Laws Inconsistent with Fundamental

Rights, Judicial Review, Its meaning and basis, Test of Infringement of fundamental Rights- Doctrines

of severability, Eclipse, Waiver, Amendment

Module IV

RIGHT TO EQUALITY

Concept of Rule of Law, Exceptions to rule of law, Equality before law and equal protection of laws

under Art 14,

Prohibition of Discrimination on grounds of religion, race, caste, sex or place of birth (Art 15),

‘Backward’ and ‘More backward” classification, Admissions to educational institutions,

Equality of opportunity in matters of Public employment (Art 16),

Abolition of untouchability and Titles (Art 17 & 18), Limitations & Restrictions on right to Equality

Module V

RIGHT TO FREEDOM

Art – 19 (a) to (g) :- Right to Freedom of speech and expression, Freedom of Assembly, Freedom to

form Associations, Freedom of Movement, Freedom of residence and settlement, Freedom of

Profession, Occupation, Trade or Business.

Art – 19 (2) to (6):- Grounds for Restrictions on Freedoms.

Module VI

RIGHT TO LIFE AND PERSONAL LIBERTY

Right to Life and Personal Liberty (Articles 20-22):

Right against Exploitation (Articles23-24)

Module VII

FREEDOM OF RELIGION AND CULTURAL AND EDUCATIONAL RIGHTS

Freedom of Religion and Cultural and Educational Rights of Minorities(Articles 25-30)

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Module VIII

RIGHT TO CONSTITUTIONAL REMEDIES

Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari;

Meaning, Scope and ambit of Judicial Review, Public Interest Litigation, Judicial Activism, Doctrine

of Judicial self-restraint,

Comparison between Art 32 and 226

Module IX

DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTY

Nature and Justiciability of the Directive Principles

Detailed Analysis of Directive Principles (Articles 37-51)

Fundamental Duties (Art-51A)

Inter-Relationship between Fundamental Rights and Directive Principles

References

P.K. Tripathi, Spotlight on Constitutional Interpretation

B. Shiva Rao; Making of the Indian Constitution

Austi, Glanville : The Indian Constitution Corner Stone of a Nation.

D. D. Basu – Introduction to Constitution of India

M. P. Singh - Position of Aliens in Indian Law

B. Sivaramayya,- Reflections on the Preamble of the Constitution

H. M. Seervai- Constitutional Law of India

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SEMESTER –III

INDIAN PENAL CODE-I

Objective: This paper will deal with the basic principles of criminal law determining criminal liability and punishment.

Unit-I: Introduction to Substantive Criminal Law(Sections1 to 75)

a. Extent and operation of the Indian Penal Code

b. Definition of Crime

c. Constituents Elements of Crime: Actus Reus and Mens rea

Unit-II: General Exceptions (Sections 76-106)

a. Definitions : Mistake, Judicial and Executive acts, Accident, Necessity, Infancy, Insanity, Intoxication, Consent, Good Faith, Private Defense against Body and Property

Unit-III: Incoherent Forms of Crime ((Sections 107 to 120 )

a. Joint and Constructive Liability b. Criminal Conspiracy c. Attempt d. Abetment

Unit-IV: Punishment (Sections 121- 298)

a. Offence against the State b. Offence against Public Tranquility c. Theories of Punishment with special reference to Capital Punishment.

Unit-V: Offences against the Human Body I (SECTION 299-374)

a. Culpable Homicide and Murder

b. Rash and Negligent Act

c. Dowry Death

d. Attempt to Murder

e. Attempt and Abetment to Suicide,

f. Hurt and Grievous Hurt

g. Criminal Force and Assault

h. Wrongful Restraint and Wrongful Confinement

i. Kidnapping and Abductions

PRESCRIBED BOOKS

1. Kenny : Outlines of Criminal Law

(Chapters relating to General Principles)

2. Ratanlal : The Indian Penal Code.

3. Gour, K.D. : Cases and Materials in Criminal Law

4. B.M. Gandhi : Criminal law

5. Achuthan Pillai : Law of Crimes

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SEMESTER –IV

HISTORY-I (INDIAN HISTORY)

Objective: This paper focuses on broad features of legal institutions and administration in ancient, medieval and modern India.

Unit –I: Introduction

a. History – Meaning and Methodology b. Relationship between Law and History

Unit – II: Polity, State and Administration

a. Ancient India i. Vedic Polity ii. Mauryan State iii. Gupta Polity

b. Medieval India i. Chola Village Administration ii. Delhi Sultanat iii. Mughal State (Mansabdari System and Administrative Apparatus)

c. Theory of Kingship and Nature of State in Ancient and Medieval India i. Brahmanic ii. Buddhist iii. Kautilyan iv. Balban v. Alauddin Khilji vi. Turko-Afgan Concept d. Political Movements of Gandhi – Non-Cooperative, Civil Disobedience, and Quit India Movements.

Unit – III: Society and Economy

a. Social Institutions in Ancient India i. Varna ii. Jati iii. Gotra iv. Pravara v. Family vi. Slavery vii. Position of Woman viii. Changes in Medieval period

b. Reformation in Medieval and Modern Times i. Nanak ii. Kabir iii. Raja Ram Mohan Roy iv. Aligarh Movement and Backward Caste Movements (B.R. Ambedkar, Jotiba Phule and Naicker)

c. Economic Structure i. Feudalism ii. Post- Mauryan Economy iii. Gupta Economy iv. Iqtadari System v. Agrarian Reforms of Alauddin Khalji and Mohammed-bin Tughlaq vi. Market Reforms of Alauddin Khalji vii. Drain of Wealth and Stages of Colonialism

Unit – IV Legal Systems and Institutions Ancient India and Medieval India

a. Sources: Vedic Texts, Brahmanas, Sutras (Kalpa and Dharma), Dharma Shastra, Asthashastra, custom

b. Thinkers – Manu, Brihaspati, Yajnavalkya, Narada, Katyayan

c. Judicial System i. Types of court: Pratishita, Apratishta, Mudrita, Sasita, Guilds, Panchayats, Kantakasodhana, Dharmasthiyaa ii. Procedures: Appointment of judges, Trial, Witness, Pleaders, Secret agents, wergild and Punishment, Role of Judges and Investigation

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d. Sources of Islamic Law: Sharia and Hadis

e. Salient features of Islamic Criminal Law

f. Judicial organization: King, Chief Qazi, Judicial Officers, Investigative Process and Punishments

g. Law with regard to non-Muslims

h. Evolution of Judicial Setup – changes introduced by Akbar

Text Books: 1. H.V. Sreeniwasmurthy – History (for law students) 2. Habib & Nizami – Comprehensive History of India, Vol. V and VI

References: 1. Bipan Chandra – India’s Struggle for Independence (Penguin) 2. A.S.Tripathi – Jurisprudence 3. T.Rama Jois – Ancient Legal thought 4. A.L. Basham – Wonder that was India, Part-I 5. S.A.A. Rizvi – Wonder that was India, Part –II

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SEMESTER –IV

FUNDAMENTALS OF INFORMATION TECHNOLOGY(IT)

OBJECTIVE-The focus of the subject is on introducing skills relating to IT basics, computer applications, programming, interactive medias, Internet basics etc.

Unit I: Introduction to Computers: Introduction, Definition, .Characteristics of computer, Evolution of Computer, Block Diagram Of a computer, Generations of Computer, Classification Of Computers, Applications of Computer, Capabilities and limitations of computer.

Unit II: Basic Computer Organization: Role of I/O devices in a computer system. Input Units: Keyboard, Terminals and its types. Pointing Devices, Scanners and its types, Voice Recognition Systems, Vision Input System, Touch Screen, Output Units: Monitors and its types. Printers: Impact Printers and its types. Non-Impact Printers and its types, Plotters, types of plotters, Sound cards, Speakers.

Unit III: Storage Fundamentals: Primary Vs Secondary Storage, Data storage & retrieval methods. Primary Storage: RAM ROM, PROM, EPROM, EEPROM. Secondary Storage: Magnetic Tapes, Magnetic Disks. Cartridge tape, hard disks, Floppy disks Optical Disks, Compact Disks, Zip Drive, Flash Drives.

Unit IV: Software: Software and its needs, Types of S/W. System Software: Operating System, Utility Programs Programming Language: Machine Language, Assembly Language, High Level Language their advantages & disadvantages. Application S/W and its types: Word Processing, Spread Sheets Presentation, Graphics, DBMS s/w.

Unit V: Operating System: Functions, Measuring System Performance, Assemblers, Compilers and Interpreters. Batch Processing, Multiprogramming, Multi-Tasking, Multiprocessing, Time Sharing, DOS, Windows, Unix/Linux.

Unit VI: Data Communication: Communication Process, Data Transmission speed, Communication Types (modes), Data Transmission Medias, Modem and its working, characteristics, Types of Networks, LAN Topologies, Computer Protocols, Concepts relating to networking.

Unit VII: Business Data Processing: Introduction, data storage hierarchy, Method of organizing data, File Types, File Organization, File Utilities.

Unit VIII: Computer Arithmetic: Binary, Binary Arithmetic, Number System: Positional & Non Positional, Binary, Octal, Decimal, Hexadecimal, Converting from one number system to another , Converting from one number system to another , Converting from one number system to another.

Text Books: 1. Computer Fundamentals by P.K.Sinha

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SEMESTER –IV

PHILOSOPHY – I

Objectives: To give exposure to the fundamental questions of philosophy. To familiarize the students with the major themes of philosophy.

Module I

What is philosophy : its definition & nature- relevance of philosophy in everyday life

Module II

Methods in philosophy – Socratic method ( method of dialectic) – The method of doubt ( Descartes)– method of deduction(Aristotle)-the method of induction(Bacon)

Module III

Metaphysics: Theories of reality: Monism – Dualism – Pluralism – Materialism – Idealism

Module IV

Epistemology: The nature of knowledge: - what can we know? – Sources of knowledge – rationalism,empiricism,pragmatism Truth and validity of knowledge

Module V

Axiology: - Theory of morals – Good and evil -The philosophy of art

Reference

1. GTW Patrick, Introduction to Philosophy Delhi: Surjeect Publication, 1978 2. William Ernest Hacking, Types of Philosophy. New Delhi: Mohit Publication, 1999 3. Frank Thilly ,History of Western philosophy 4. John Hospers, An Introduction to Philosophical Analysis

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SEMESTER –IV

ADMINISTRATIVE LAW

Objective: The paper will make students aware of various aspects of Administrative Law including quasi-legislative, quasi-judicial and other ministerial functions of administration and control thereof with a practical approach.

Module 1

Introduction to Administrative Law-

a. Evolution,

b. Nature and Scope of Administrative Law,

c. Civil Services in India

Module 2

Powers of Administration

a. Legislative Power of Administration ,

b. Judicial Power of Administration ,

c. Judicial control of Administration

Module 3

Administrative Discretion

a. Administrative Discretion

b. Liability of Wrongs

Module 4

Administrative Law and State

a. Corporations and Public undertakings ,

b. Informal methods of settlement of disputes and grievance redressal procedures.

Text Books:

1. H.W.R. Wade & C.F. Forsyth, Administrative Law, Oxford University Press, 2009 (12th Edn)

2. M.P. Jain & S.N. Jain, Principles of Administrative Law, Lexis Nexis, 2013 (7th Edn)

References:

1. I.P. Massey, Administrative Law, Eastern Book Company, 2012, (8th

2. C.K. Takwani, Lectures on Administrative Law, Eastern Book Company, 2012 (5th Edn)

3. S.P. Sathe, Administrative Law, Lexis Nexis Butterworths Wadhwa, 2010 (7th Edn)

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SEMESTER –IV

INDIAN CONSTITUTION LAW-II

Course Objective: The Objective of this paper is to provide understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.

Course Outcomes:

1. To understand the form of Government- Parliamentary and Presidential.

2. To understand the Parliamentary democracy and its structure

3. To understand the contemporary status of center-state relations.

4. To generate understanding of methods of amendment in the constitution of India

Module I: The Executive

The President and Vice President- Election, Tenure, Oath, Removal and Vacancy

The Governor- Appointment, Tenure, Oath and Removal

Protection and Immunities of President and Governors

Powers, Functions and Constitutional Position

Council of Ministers and Collective Responsibility

Module II: The Legislative

Parliament – Composition, Qualifications and Disqualifications

Parliament – Powers and functions

Parliamentary Privileges

State Legislature

Module III: The Judiciary

The Union Judiciary- Establishment and Constitution of Supreme Court -Appointment and Removal of Judges -Jurisdiction of Supreme Court: Court of Record, Original, Appellate and Advisory -Doctrine of stare decisis (Art. 141) - Power to complete Justice (Art. 142)

The State Judiciary- High Courts in States -Appointment, Removal, Jurisdiction (Original, Appellate, Writ and Supervisory Jurisdiction)

Module IV: Right to property &Freedom of Trade, Commerce and Intercourse

Concept and Scope of Trade, Commerce and Intercourse

Regulatory and Compensatory Tax

Exceptions to freedom to trade and commerce

Right to property

Module V: Other Provisions

Emergency Provisions: Articles 352- 360

Amendment of Constitution

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i. Procedure of Amendment of the Constitution

ii. Doctrine of Basic Structure

List of Books/Reference Books/E-Books:

1. Shukla, V.N. Constitution of India, 11th ed., pp. A 28-A 35 EBC, Lucknow.

2. Jain M. P., Indian Constitutional Law, 5th edition, page no. 568 to 652, Wadhwa, Nagpur.

3. Tope, T.K. Constitutional Law of India, 3rd edition Eastern Book Company, Lucknow.

4. Basu, Durga Das, Introduction to Constitution of India, Nagpur: Wadhwa publication,2010.

5. Granville Austin, The Indian Constitution: Cornerstone of a Nation, OUP.

6. Seervai, H.M., Constitutional law of India, New Delhi: Universal law Publishing House, 2007.

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SEMESTER –IV

INDIAN PENAL CODE-II

Objective: This paper will focus on the study of substantive crimes under the Indian Penal Code.

Unit-I: Offences against Women (SECTION 375- 377& 493 – 498A)

a. Outraging the Modesty of Women, Voyeurism, Stalking, Acid Attack

b. Rape and Unnatural Offences

c. Cruelty and Offences relating to Marriage

Unit-II: Offences against Property (SECTION 378-462)

a. Theft, Extortion, Robbery and Dacoity

b. Criminal Misappropriation and Criminal Breach of Trust

Unit-III: OFFENCES RELATED TO DOCUMENTS AND TO PROPERTY MARKS (SECTION 463-489 & 499-511)

a) Cheating and Forgery

b) DEFAMATION

C) INSLUT

d)Attempts to commit offences

Text Books:

1. K.D. Gaur, Textbook on Indian Penal Code, Universal Law Publishing Co., New Delhi, 2012

2. Dr. H.S. Gaur, Penal Law of India, Law Publishers , Allahabad, 2013

References:

1. J.W. Cecil Turner, Russel on Crime ,Vol I &2, Universal Law Publishing Co., New Delhi, 2012

2. K.I. Vibhuti, PSA Pillai’s Criminal Law, Lexis Nexis, Butterworths Wadhwa, Nagpur, 2012

3. Glanville Williams, Text Book of Criminal Law, Universal Law Publishing Co., New Delhi, 2012

4. Ratanlal Dhiraj Lal, The Indian Penal Code, Lexis Nexis, Butterworths Wadhwa, Nagpur, 2012

5. John Dawson Mayne, “ Mayne’s Criminal law of India”, Gale, Making of Modern Law, 2013

6. Bare Act of Indian Penal Code, 1860

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3RD YEAR SEMESTER –V

HISTORY – II (LEGAL HISTORY)

Objective: The course is to develop understanding of evolution of modern legal system in India.

Unit I: Early Developments (1600- 1836)

a. Charters of the East India Company: 1600, 1661, 1726 and 1753

b. Settlements: Surat, Madras, Bombay and Calcutta

c. Courts: Mayor’s Court of 1726 and Supreme Court of 1774

d. Statutes: Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781

e. Conflict: Raja Nanad Kumar, Kamaluddin, Patna Case, and Cossijurah

f. Warren Hastings: Judicial Plans of 1772, 1774 and 1780

g. Lord Cornwallis: Judicial Plans of 1787, 1790 and 1793

h. Lord William Bentinck (With special focus on Appraisal of Criminal law)

Unit II: Evolution of Law and Legal Institutions

a. Development of Personal Laws b. Development of Law in Presidency Towns

c. Development of Civil law in Mufassil: Special Emphasis on Justice, Equity and Good Conscience

d. Codification of Laws: Charter of 1833, The First Law Commission, the Charter of 1853, The Second Law Commission

e. Establishment of High Courts, 1861

f. Privy Council and Federal Court: Appeals and working of Privy Council, Appraisal of Privy Council, Features of Federal Court

g. Evaluation: Special Reference to Racial Discrimination, Merit and Demerits

Unit III: Legal Profession and Education

a. Early Developments though Major’s Court, Supreme Court, Company’s Adalat, High Court, Legal Practitioners Act of 1879, The Chamier and Indian Bar Committer of 1951

b. The Advocates Act of 1961: Provisions and Disciplinary powers

c. Law Reporting: Theory of Precedents, Features of Law reporting from 1773 to 1950

d. Legal Education: History and Basic Aims of Legal Education

Unit IV: Constitutional History

a. The Indian Councils Act, 1861

b. b. The Indian Councils Act, 1892

c. c. The Indian Councils Act, 1909

d. d. The Government of India Act 1919

e. e. The Government of India Act, 1935

Text Books:

1. M.P. Jain – Outlines of Indian Legal History 2. V.D. Kulshrehtha – Landmarks of Indian Legal and Constitutional History

References:

1. M.P. Singh – Outlines of Indian Legal History 2. Abdul Hamid – Constitutional History of India

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SEMESTER –V

FOREIGN LANGUAGE

(FRENCH)

Objective: The objective of this paper is to make students understand the French language so that they can easily understand the French legal system and the French terms generally used in law.

Unit – I:

(1) Introduction in French

a) Verb: S’appeler Être Avoir Habiter b) Article / Préposition: à, en, au c) Name of some common Countries and Nationality d) To talk about different professions (2) How to talk about one’s liking and disliking a) Verb: Aimer Adorer Préférer Detester b) Some common vocabularies like music, cinema, theatre ……. etc. c) Article: un, une, des / le, la, les

Unit- II:

(1) How to talk about the activities of week- end and vacations…. etc.)

a) Verb: Aller Venir Rester Se reposer Regarder b) Preposition / Article : au, à la, ……../ du, de la ………..etc.

(2) How to talk about the activities of the day: a. Pronominal verb: Se réveiller Se lever ……… etc.

(3) To know about time and seasons: A) Verb: Faire Être Objective: The objective of this paper is to make students understand the French language so that they can easily understand the French legal system and the French terms generally used in law. (With effect from the Academic Session 2008-2009) 67

Unit – III:

(1) How to take permission / express one’s wishes:

a. Verb: vouloir Pouvoir Voir b. Pronoun: moi, toi, ……… etc.

(2) How to locate some thing / some place or some person a. Préposition: à côté de , à gauche de , sur ………. etc.

(3) How to ask questions / Different form of questions: a. Qu’est-ce que c’est? b. Qui est-ce? c. Comment, pourquoi, Où, Combien ………… etc.

Unit – IV:

(1) How to describe a person: a. Adjective: tall / short Fat / thin

(2) How to write Informal letter Text: Nouveau Sans Frontières-1 (Only concerned lessons which cover the syllabus)

Reference book:

(1) Le Francais du Droit – J. L. Penfornis Campus – Jacky Girardet & Jacques Pecheur

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SEMESTER –V

COMPANY LAW

Objective: The paper aims to provide insight into formation and winding up of companies besides Corporate Administration.

Unit-I: Formation, Registration and Incorporation of company

a. Nature and kinds of company

b. Promoters: Position, duties and liabilities

c. Mode and consequences of incorporation,

d. Uses and abuses of the corporate form, lifting of corporate veil,

e. Memorandum of Association, alteration and the doctrine of ultra vires,

f. Articles of association, binding nature, alteration, relation with memorandum of association, doctrine of constructive notice and indoor management- exceptions.

Unit-II: Capital Formation

1. Prospectus: Issues, contents, Kinds, liability for misstatements, statement in lieu of prospectus,

2. The nature and classification of company securities,

3. Shares and general principles of allotment,

4. Statutory share certificate, its objects and effects,

5. Transfer of shares,

6. Share capital, reduction of share capital,

7. Duties of court to protect interests of creditors and shareholders.

8. Debentures, kinds, remedies of debenture holders.

Unit – III: Corporate Administration

a. Directors – kinds, powers and duties,

b. Insider trading,

c. Meetings kinds and procedure,

d. The balance of powers within companies - Majority control and minority protection, Prevention of oppression, and powers of court and central government,

e. Emerging trends in Corporate social responsibility, legal liability of company - civil, criminal, tortuous and environmental.

Unit-IV: Winding up of Companies

a. Kinds, consequences and reasons of winding up,

b. Role of the court,

c. Liability of past members,

d. Payment of liabilities,

e. Reconstruction and amalgamation.

Text books:

1. Avtar Singh : Indian Company Law

2. Shah S. M : Lectures on Company Law Further

Readings:

1. Palmer - Company Law

2. Ramiaya: Guide to Companies Act

3. Gower: Principles of Modern Company Law

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SEMESTER –V

CODE OF CRIMINAL PROCEDURE – I

Objective: This paper is to give students thorough knowledge of procedural aspects of working of criminal courts and other machineries.

Unit – I: Introduction

a. Definitions b. Constitution and powers of Criminal Courts and Offices

Unit – II: Provisions for Investigations

a. Arrest and Bail provisions b. Information to the Police and their powers to investigate

Unit – III: Process to Compel Appearance and Production of things

a. Summons for Appearance b. Warrant of arrest c. Proclamation and attachment d. Other rules regarding processes e. Summons procedure f. Search Warrants g. General provisions as to search h. Miscellaneous

Unit-IV: Proceedings before Magistrate

a. Conditions requisite for initiation of proceedings

b. b. Complaints to Magistrates

c. c. Commencement of proceedings before Magistrates

d. d. Security Proceedings

Text Books:

1. Rattan Lal & Dhirajlal – Code of Criminal Procedure 2. R.V. Kelkar – Code of Criminal Procedure

References:

1. S.N. Mishra – Code of Criminal Procedure 2. Ganguly – Criminal Court, Practice and Procedure

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SEMESTER –V

ENVIRONMENTAL STUDIES AND ENVIRONMENTAL LAWS

Objective: The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national level.

Module 1

Introduction to Environmental Law and sustainable development

a. introduction,

b. sustainable development ,

c. constitutional commitment to protection of environmental Law and

d. PIL

Module 2

Environment and Law

a. Protection of environment under general Law,

b. environmental protection act 1986,

c. water pollution,

d. Air pollution,

e. Noise Pollution,

Module 3

Environmental Protection

a. Protection of forest ,

b. protection of wild life,

c. Hazardous waste ,

d. Bio medical waste,

e. Costal zone management ,

Module 4

International regime

a. International regime and other

b. miscellaneous topic :

i. ECOMARK,

ii. Environmental Audit and

iii. Ozone depletion.

Text Books:

1. Shyam Diwan & Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, 2nd Edition, 2001.

2. P. Leelakrishnan, Environmental Law in India, Lexis Nexis,

3rd Edition, 2008

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References:

1. P. Leelakrishnan, Environmental Law Case Book, Lexis Nexis, 2nd Edition, 2006

2. S. C. Shastri, Environmental Law, Eastern Book Company, 4th Edition, 2012

3. Gurdip Singh, Environmental Law in India, MacMillan Publisher, 2005

4. Sneh Lata Verma, Environmental Problems: Awareness and Attitude, Academic Excellence Publishers & Distributors, Delhi, 2007

5. Benny Joseph, Environment Studies, Tata McGraw Hill, New Delhi, 2009

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SEMESTER –V

FAMILY LAW – I

Objective:

This Course aims at providing adequate Sociological perspective so that the basic concepts relating to family are expounded in their social setting. It strives to give an overview of some of the current problems arising out of the foundational inequalities in the various family concepts. Another objective of the course is to view family law not merely as a separate system of personal laws based upon religions but as the one cutting across the religious lines and eventually enabling us to fulfill the constitutional directive of uniform civil code at least jurisprudentially at the academic study by identifying the core concepts in marriage laws of all communities to evolve a uniform civil code devoid of political nest. Women and children have special family relations and, therefore, it is aspired to develop insights amongst the students to ensure protection of constitutional rights of women and children in family law administration. In view of the conflicts of the interpersonal laws, conversion is causing problems. How conversion affects the family and whether it is compatible with the concept of secularism and to what extent such problem would stand resolved with the enactment of a uniform civil code, are some of the basics that needs to be examined.

Course Contents:

Module I: Sources and Schools of Law

Sources of Hindu Law: Ancient sources: Shruti, Smriti, Digest & Commentaries, and Customs;

Modern sources: Equity, Justice, and good conscience, Precedent and Legislation;

Schools of Hindu Law: Mitakshara and Dayabhag Schools.

Sources of Muslim Law: Ancient Sources: The Koran, The Sunna (Practice of Prophet), Ijma (Consensus of opinion) and Qyias (Analogical deduction),

Modern sources – Equity, Justice and good conscience, Precedent and Legislation;

Schools ofMuslim Law: Sunni School of Muslim Law, Shia School of Muslim Law.

Karta of Joint Family: Position, Powers and Privileges

Module II: Marriage

Hindu Marriage: Nature and concept of Hindu Marriage,

Essential conditions of a Hindu Marriage,

Muslim Marriage: Nature and concepts of Muslim Marriage,

Essential conditions of a valid marriage, prohibitions/ disabilities,

classification of marriage and effects of valid, irregular, void marriage;

Dower

Module III: Matrimonial Remedies

Restitution of conjugal rights; Judicial separation ,Grounds for divorce under hindu law

Dissolution of Marriage

Talaq: Concept and Modes b. Grounds: i. Under Classical Law ii. Under Statutory Law: Dissolution of the Muslim Marriage Act, 1939

Module IV: Alimony, maintenance and Adoption

Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who are unable to support themselves vide sections 125, 127 of Code of Criminal Procedure, 1973;

Maintenance of Divorced Muslim Women under the Muslim Women Protection of Right on Divorce Act, 1986;

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A Critical review;Hindu Adoption and Maintenance Act, 1956.

Module V: Emerging Trends in Family Law

Family Courts; Establishment,Powers and functions;

Uniform Civil Code; Constitutional Mandate;

Emerging trends: i. Surrogacy ii. Live-in Relationship iii. IVF iv. Domestic Violence v. Same Sex Marriage

Text & References:

Mulla, D.F., Principles of Hindu Law

ParasDiwan, Modern Hindu Law

Mulla, D.F., Principal of Mohammadan Law

Fyzee, A.A.A., Outlines of Mohammadan Law

Mahmood, T., Muslim Law of India

ParasDiwan, Law of Intestate and Testamentary Succession (1998), Universal.

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SEMESTER –VI

HISTORY – III (HISTORY OF MODERN EUROPE: 1740-1947)

Objective: The objective of this paper is to familiarize students of law with the history of Europe as many international laws/ human rights/ humanitarian laws emanate from developments in Europe.

UNIT – I: Europe from 1740-1815

a. Industrial revolution in England b. The French Revolution: Reasons, Girondins and Jacobins, The Directory c. Napoleonic Era and Europe

UNIT - II: Europe from 1815-1850

a. Vienna Settlement and the Concert of Europe : Role of Metternich b. The Democratic and Nationalist aspirations of Europe: Independence of Belgium, c. Developments in Great Britain, France, Portugal, Italy, Germany, AustriaHungry d. Working Class Movement: Socialism and Marx e. Women’s Movement

UNIT III: Europe from 1850-1871

a. Crimean War (1853-56)

b. b. Russia

c. c. The Unification of Italy

d. d. The Unification of Germany

e. e. Near Eastern Question

UNIT IV: Europe from 1871-1945 (Imperialism and Colonialism)

a. France after 1870: Third Republic and its Constitution

b. b. German Empire

c. c. Partition of Africa, Militant Nationalism and the armament race

d. d. International Relations and event leading to First World War : League of Nations

e. e. Interwar years and the Second World War

f. f. Humanitarian Concerns and United Nations

Text Books: 1. Joll, James, Europe since 1815 2. Ketelby, C.D.M., A History of Modern Times from 1789 3. Thomson, David, Europe Since Napoleon

Reference: 1. Burns, Edward McNall, et.al, World Civilizations, Volumes B and C

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SEMESTER –VI

BUSINESS LAW

Objective: This paper is to provide understanding about the important statutes governing transfer of

property in goods and negotiable instruments.

UNIT – I: SALE OF GOODS: DEFINITION, CONDITIONS AND PERFORMANCE

a) Definition of ‘goods’ and ‘sale’

b) Essentials of sale

c) Conditions and Warranties

d) Passing of property

e) Nemo Dat quod non habet

f) Performance of Contract

UNIT – II: SALE OF GOODS ACT: RIGHT OF PARTIES AND REMEDIES

a) Rights of unpaid seller

b) Remedies for breach of contract

UNIT – III: NEGOTIABLE INSTRUMENTS

a) Definition, essential kinds of negotiable instruments

b) Holder and holder in due course

c) Negotiation and assignment

UNIT – IV: NEGOTIABLE INSTRUMENTS: PRESENTATION AND LIABILITY

a) Presentation of Negotiable Instruments

b) Crossing of cheques

c) Discharge from Liability

d) Noting and Protest

e) Dishonour of negotiable instruments

UNIT – V: THE INDIAN PARTNERSHIP ACT, 1932

a) Nature of partnership firm

b) Relations of partners to one another and outsiders

Rights /Duties of partners inter se

Partnership Property

Relations of Partners to third parties

Liability for holding out

Minor as a partner

c) Incoming and outgoing partners

Dissolution.

Text & References:

1. Avtar Singh – Sale of Goods

2. Bhashyam and Adiga – Law of Negotiable Instruments

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SEMESTER –VI

PUBLIC INTERNATIONAL LAW

Objective: The objective of this paper is to acquaint the students with the basics of Public International Law and practice.

Unit – I: Introduction

a. Nature of International Law

b. Subjects of International Law

c. Relationship between International Law and Municipal Law

Unit –II: Sources of International law

a. Custom

b. Treaties

c. General Assembly Resolutions

d. General Principles

e. Juristic Works

f. Other Sources

Unit-III: Recognition, Extradition and Law of the Sea

a. Recognition (i) Theories of Recognition (ii) De facto, De jure recognition (iii) Implied Recognition (iv) Withdrawal of Recognition (v) Retroactive Effects of Recognition

b. Extradition i. State Jurisdiction ii. Customary Law basis iii. Treaty Law iv. The nature of obligation c. Law of the Sea i. Territorial Sea ii. Contiguous Zone iii. Exclusive Economic Zone iv. Continental Shelf v. High Sea

Unit – IV. International Organizations

a. UN b. ICJ c. IMF and IBRD d. WTO e. ICAO f. IAEA g. UNEP

Text books:

1. Starke – Introduction to International Law

2. Oppeniheim - International Law

References:

1. Brownlie – Principles of International Law

2. Shaw - International Law

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SEMESTER –VI

CODE OF CRIMINAL PROCEDURE – II

Objective: This paper focuses on procedures dealing with criminal cases.

Unit-I:

Introduction to Trial Procedures

a. The charge

i. Form of charges

ii. Joinder of charges

b. Evidence in inquiries and trials

c. General provisions as to inquiries and trials

d. Provisions as to accused persons of unsound mind.

Unit-II: Trials and Execution Proceedings

a. Trial before a court of session

b. Trial of warrant cases by magistrates

c. Trial of summons – cases by Magistrates

d. Summary Trials

e. Judgement

f. Submission of death sentences for confirmation

g. Execution, suspension, remission and commutation of sentences

Unit-III: Review Procedures

a. Appeals

b. b. Reference and Revisions

Unit-IV: Miscellaneous

a. Maintenance of wives, children and parents

b. b. Transfer of criminal cases

c. c. Irregular proceedings

d. d. Limitations for taking cognizance

Text books: 1. Rattan Lal & Dhirajlal – Code of Criminal Procedure

2. R.V. Kelkar – Code of Criminal Procedure

References: 1. S.N. Mishra – Code of Criminal Procedure

2. Ganguly – Criminal Court, Practice and Procedure

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SEMESTER –VI

LAW OF EVIDENCE

Objective: This paper is to orient students with importance of evidence for establishment of

claims and the related rules and principles on contemporary basis.

Unit-I: Introduction and Relevancy

a. Evidence and its Relationship with the Substantive and Procedural Laws

b. Definitions: Facts, Facts in Issue, Relevant Fact, Evidence Proved, Disproved, not

Proved, Oral and Documentary Evidence, Factum Probandum and Factum Probans,

Proof and Evidence

c. Theory of Relevancy:

i. Logical Relevancy, Legal Relevancy, Admissibility and Reliability

ii. Facts not otherwise Relevant (Plea of Alibi)

d. Doctrine of Res Gestae

e. Test Identification Parade

f. Conspiracy

Unit-II: Statement – Admissions / Confessions and Dying Declarations

a. Admissions

b. Confessions

c. Dying Declarations

Unit-III: Method of proof of facts

a. Presumptions

b. Expert Opinion

c. Oral and Documentary evidence

d. Burden of Proof

e. Estoppel

f. Privileged Communications

Unit-IV: Emerging Areas in the Law of Evidence

a. Evidence by Accomplice

b. Definition of Witness, Witness Protection Scheme

c. Examination of Witness, Cross Examination, Leading Questions and Hostile Witness

d. Refreshing Memory

e. Impact of Forensic Science: Evidentiary Value in DNA Test, Narco-analysis.

f. Impact of Social Media in the Law of Evidence

Text Books:

1. M. Monir, Law of Evidence, Universal Law Publishing Co. Pvt. Ltd, 2006

2. Rattan Lal Dheeraj Lal, Law of Evidence, Lexis Nexis, 2011

References:

1. GS Pande, Indian Evidence Act, Allahabad Law Agency, 1996

2. Avtar Singh, Principles of Law of Evidence, Central Law Publications, 2013

3. Dr. Satish Chandra, Indian Evidence Act, Allahabad Law Agency, 2007

4. Batuk Lal, Law of Evidence, Central Law Agency, 1990

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SEMESTER –VI

FAMILY LAW – II

Module I Christian Marriage Act & Indian Divorce Act

The persons by whom marriage may be Performed , time place of marriage,registration of marriage, marriage before registrar, marriage of indian christians, peenalties , dissolution of marriage , nullity of marriage , custody of children , re- marriage.

Module II Parsi Marriage and Divorce Act

Definitions.-Guardian, Ward, Power of the Court to make orders as to guardianship. Matter to be considered by the Court in appointing guardian., Guardian not to be appointed by the Court in certain cases.. Limitation of powers of guardian of property.

Module III Special Marriage Act

solemnisation of marriage, registration, restitution of conjegual rights, judicial seperation.

Module IV Maintenance

under Hindu Laws, Under christian laws , under parsi laws, under special marriage act, under section 125 of crpc., under muslim Women(protection and rights of divorce) act, 1986, hindu adoption and maintenance act, 1956.

Module V Hindu Sucession Act, 1956

Intestate Succession ,Escheat , Tetamentary Succession,

Module VI Guardianship

Definitions.-Guardian, Ward, Power of the Court to make orders as to guardianship. Matter to be considered by the Court in appointing guardian., Guardian not to be appointed by the Court in certain cases.. Limitation of powers of guardian of property appointed or declared by the

Court, Removal of guardian., Power of High Court to make rules

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4TH YEAR SEMESTER –VII

PHILOSOPHY – II

Objectives:To introduce the contributions made by religions,individuals, and literature to value

Module -1 Introduction

a) Definition – The concept of value, fact and value b) Classification of values – Extrinsic and Intrinsic value c) Universal value – Truth , righteousness, peace, love and non- violence

Module II – Religious values

a) Hinduism - Panchamahavratas, b) Jainism - Panchamahavratas c) Buddhism - Four noble truths d) Christianity – Agape and charity e) Islam – Five Pillars of Islam

Module III Constitutional Values

Liberty, Equality and Fraternity

Module IV: Individual Thinkers

a) Socrates - Virtue is Knowledge

b) b) Plato- Cardinal virtues

c) c) Aristotle - arête

Module V: Value Analysis

Value crisis in the modern world- Necessity of value oriented education, mass media and value transaction .

Reference books

1) Harold H. Titus Living Issues in Philosophy, New Delhi: Eurasia Publishing House Pvt. Ltd

2) Ed. Kireet Joshi; Philosophy of value oriented Education, Theory and Practice – ICPR

3) Keval. V Kumar, Mass Communication in India3rd Ed. Duhi: Taro Publishing House

4) William Lillie, An Introduction to Ethics- New Delhi Allied Publishes, 1997

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SEMESTER –VII

LABOUR LAW – I

Objective: This paper focuses on various aspect of management of labour relation and dispute settlement bodies and techniques.

Unit – I: Trade Unions and Collective Bargaining

a. Trade Unionism in India b. Definition of trade union and trade dispute c. Registration of trade unions i) Legal status of registered trade union ii) Mode of registration iii) Powers and duties of Registrar iv) Cancellation and dissolution of trade union v) Procedure for change of name vi) Amalgamation and dissolution of trade union d. Disqualifications of office-bearers, Right and duties of office-bearers and members e. General and Political funds of trade union f. Civil and Criminal Immunities of Registered trade unions g. Recognition of trade union h. Collective bargaining

Unit – II: Standing Orders

a. Concept and nature of standing orders b. Scope and coverage of the Industrial Employment (Standing Orders) Act, 1946 c. Certification process i) procedure for certification ii) appeals against certification iii) Condition for certification iv) Date of operation of standing orders v) Building nature and effect of certified standing orders vi) Posting of standing orders d. Modification and temporary application of model Standing Orders e. Interpretation and enforcement of Standing Orders f. Penalties and procedure

Unit – III: Resolution of Industrial Dispute

a. Industrial dispute and individual dispute b. Arena of interaction and Participants– Industry, workman and employer c. Settlement of industrial dispute i) Works Committee ii) Conciliation Machinery iii) Court of Enquiry iv) Voluntary Arbitration v) Adjudication – Labour Court, Tribunal and National Tribunal d. Powers of the appropriate Government under the Industrial Disputes Act, 1947 e. Unfair Labour Practice

Unit – IV: Instruments of Economic Coercion

a. Concept of strike

i. Gherao

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ii. Bandh and Lock-out

iii. Types of strike

iv. Rights to strike and Lock-out

v. General Prohibition of strikes and lock-outs vi. Prohibition of strikes and lock-outs in public utility services

vii. Illegal strikes and lock-outs

viii. Justification of strikes and lock-pouts

ix. Penalties for illegal strikes and Lock-outs

x. Wages for strikes and lock-outs

b. Lay-off

i. Retrenchment

ii. Transfer and closure – Definition of lay-off and retrenchment compensation

iii. Compensation to workmen in case of transfer of undertaking closure

iv. Closure - Prevention and regulation

v. Conditions – precedent for retrenchment

vi. Special provisions relating to lay-off, retrenchment and closure in certain establishments

vii. Procedure for retrenchment and re-employment of retrenched workmen and penalty

c. Disciplinary action and domestic enquiry

d. Management’s prerogative during the pendency of proceedings

e. Notice of change

Text books:

1. Statutory Material - Trade Union Act, 1926, Induatrial Emplopyment ( Standing Orders) Act, 1946 and Industrial Dispute Act, 1947 2. S.C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House, New Delhi

References:

1. O.P. Malhotra, Industrial Disputes Act, Vol. I & II 2. Indian Law Institute – Cases and Materials on Labour Law and Labour Relations

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SEMESTER –VII

LAND LAWS

Objective: The object of this paper is to focus on land reforms besides land acquisition procedures enunciated in the Act of 1894and the rent laws.

Unit – I: Land Reforms

a. Constitutional Provisions on Agrarian Reform Legislation

b. Abolition of private landlordism

c. Land Ceiling Legislation

d. State enactments prohibiting alienation of land by tribals to non-tribals

e. Consolidation of holdings

Unit – II: Land Acquisition

a. Purpose

b. Procedure

c. Compensation

Unit – III: Rent Law: Concepts, Terms and Processes

a. Rent Legislation in India

b. Definitions, Land Lord, Tenant, Land and Fair Rent.

c. Fixation of fair rent

Unit – IV: Eviction and Dispute Settlement Mechanism

a. Grounds of eviction : Non-payment of Rent, Sub-letting, Change of user, Material, alterations, Non-occupancy, Nuisance, Dilapidation, Bonafide requirement of the landlord, Alternative accommodation, Building and re-construction and Limited Tenancy

b. Settlement of rent disputes

Text books:

1. Constitution of India – Mr. V.N. Shukla

2. Law of Acquisition of land in India – Mr. P.K. Sarkar

3. Law of Rent Control in India – K.T.S. Tulsi

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SEMESTER –VII

CODE OF CIVIL PROCEDURE – I

Objective: This paper is to give students thorough knowledge of procedural aspects of working of criminal courts and other machineries.

Unit – I:

Introduction

a. Definitions b. Constitution and powers of Criminal Courts and Offices

Unit – II:

Provisions for Investigations

a. Arrest and Bail provisions b. Information to the Police and their powers to investigate

Unit – III:

Process to Compel Appearance and Production of things

a. Summons for Appearance b. Warrant of arrest c. Proclamation and attachment d. Other rules regarding processes e. Summons procedure f. Search Warrants g. General provisions as to search h. Miscellaneous

Unit-IV:

Proceedings before Magistrate

a. Conditions requisite for initiation of proceedings

b. b. Complaints to Magistrates

c. c. Commencement of proceedings before Magistrates

d. d. Security Proceedings

Text Books:

1. Rattan Lal & Dhirajlal – Code of Criminal Procedure

2. R.V. Kelkar – Code of Criminal Procedure

References:

1. S.N. Mishra – Code of Criminal Procedure

2. Ganguly – Criminal Court, Practice and Procedure

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SEMESTER –VII

PROPERTY LAW

Objective: The objective of this paper is to focus on concept and classification of property as well as principles governing transfer of immovable property.

Unit-I: Concept of Property and General Principles Relating to Transfer of Property

a. Concept of Property: Distinction between Movable and Immovable Property

b. Conditions Restricting Transfer

c. Definition of Transfer of Property

d. Transferable and Non-Transferable Property

e. Transfer to an Unborn Person and Rule against Perpetuity

f. Vested and Contingent interest

g. Rule of Election

Unit-II: General Principles Governing Transfer of Immovable Property

a. Transfer by Ostensible Owner

b. Rule of Feeding Grant by Estoppel

c. Rule of Lis pendens

d. Fraudulent Transfer

e. Rule of Art Performance f. Actionable Claim

Unit – III: Specific Transfers – I

a. Mortgage: Definitions and Kinds, Rights and Liabilities of Mortgagor and Mortgagee

b. Charge

Unit – IV: Specific Transfer – II

a. Sale and Gift

b. Lease

Text Books:

1. Mulla, Transfer of Property Act, Lexis Nexis, 2013

2. Poonam Pradhan Saxena, Property Law, 2011

References:

1. James Charles Smith, Propert and Sovereignty (Law, Property and Society), Ashgate, 2014

2. Avtar Singh, Transfer of Property Act, Universal Publishing Pvt Ltd., 2012

3. Sandeep Bhalla, Digest of Cases on Transfer of Property in India, Eastern Book Company, 2nd Edn.,

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SEMESTER –VII

HEALTH CARE LAW

Objective: This paper focuses on various aspects of health care law including the constitutional perspective, obligations and negligence of medical professionals and remedies available to consumers of health care.

Unit – I: Medicine and Healthcare

a. Healthcare as an Issue at the National and International Level b. Constitutional Provisions i. Right to Health as a Fundamental Right ii. Remedies Available under the Indian Constitution iii. Right to Health vis-à-vis the Right to Confidentiality iv. Access to Medical Records

Unit – II: Professional Obligations of Doctors

a. Transplantation of Human Organs Act, 1994 b. Pre-Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 a. The International Code of Medical Ethics b. Indian Medicine Central Council Act, 1970 c. Dentists Act, 1948 d. The Homeopathy Central Council Act, 1973 e. The Drugs and Cosmetics Act, 1940

Unit – III: Medical Negligence

a. Ingredients b. Role of Consent in Medical Practice c. Error of Judgment and Gross Negligence d. Wrongful Diagnosis and Negligent Diagnosis

Unit – IV: Remedies for Medical Negligence

a. Law of Torts b. Law of Crimes c. Consumer Protection Law

Text Book:

1. Vijay Malik – Drug and Cosmetic Act, 1940, Eastern Book Company, 24th Edition, 2014

References:

1. Anoop K. Kaushal – Medical Negligence & Legal Remedies, Universal Publishing House, 2nd Edition, 2004 2. Dr. Jagdish Singh – Medical negligence Compensation, Bharat Law House, 3rd Edition, 2007 3. P K. Dutta – Drug Control, Eastern Law House, 3rd Edition, 1997.

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SEMESTER –VIII

PHILOSOPHY – III

Objectives: • To inculcate Gandhian values in the personal and social life of the students. • To throw light on the relevance of Gandhian ideals in modern society

Module I

Influences on Gandhi: Upanishads, Gita, Christianity, Islam, Jainism, Ruskin, Tolstoy and Thoreau

Module II

Truth and God-Truth and Non- Violence- Inseparability of ends and means

Module III

Sarvodaya- A metaphysical appraisal- Its social, political and economic aspects- Satyagraha Qualifications of a satyagrahi

Module IV

De- centralization of economy, Swadeshi, Trusteeship, Bread – labour

Module V

Spiritualization of politics, Views on Democracy, Swaraj, Panchayati raj

References

1. M.K.Gandhi, The story of my experiments with truth. Ahmedabad: Navajivan Trust 2. J.B. Kripalini, Gandhi: His Life and Thought. New Delhi: Government of India Publications 3. Manmohan Chodhari, Exploring Gandhi. New Delhi: Gandhi Peace Foundation, 1989 4. Dr. GR Sharma, An introduction to Gandhian Thought, New Delhi: Atlantic 1995 5. Surendra Varma, Metaphysical foundations of M.K. Gandhi’s Thought. New Delhi: Orient Longmans, 1970. 6. SR Bhakshi, Gandhi and His Social Thought Delhi: Criterion Publication 1986 .

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SEMESTER –VIII

LABOUR LAW – II

Objective: The paper is to focus on wage policies, compensation for learn caused during the course of employment and working conditions of employees.

Unit – I:

Minimum Wages Act , 1948

a. Concept of minimum wage, fair wage, living wage and need based minimum wage a. Constitutional validity of the Minimum wages Act, 1948 b. Procedure for fixation and revision of minimum wages c. Fixation of minimum rates of wage by time rate or by piece rate d. Procedure for hearing and deciding claims

Unit-II:

Payment of Wages Act, 1936

a. Object, scope and application of the Act b. Definition of wage c. Responsibility for payment of wages d. Fixation of wage period e. Time of payment of wage f. Deductions which may be made from wages g. Maximum amount of deduction

Unit –III:

Workmen’s Compensation Act, 1923

a. Definition of dependant, workman, partial disablement and total disablement b. Employer’s liability for compensation - Scope of arising out of and in the course of employment - Doctrine of notional extension - When employer is not liable c. Employer’s Liability when contract or is engaged d. Amount of compensation e. Distribution of Compensation f. Procedure in proceedings before Commissioner g. Appeals

Unit – IV:

Factories Act, 1948

a. Concept of “factory”, “manufacturing process” “worker” and “occupier”

b. General duties of occupier

c. Measures to be taken in factories for health, safety and welfare of workers

d. Working hours of adults

e. Employment of young person and children

f. Annual leave with wages

g. Additional provisions regulating employment of women in factory.

Text books:

1. S.C. Srivastava, Commentaries on factories Act, 1948, Universal Law Publishing House, Delhi 2. H.L. Kumar, Workmen’s Compensation Act, 1923

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SEMESTER –VIII

PRINCIPLES OF TAXATION LAW

Objective: Concept of income tax, heads of income, including foreign income assessment procedures, adjudication and settlement of tax disputes are the focus points of study in this paper.

Unit -I: Basic Concept

a. Types of Taxes and Distinction between Direct and Indirect tax b. Previous Year and Assessment Year c. Definition of Certain Terms: Persons, Assessee, Income, Application of Income and Diversion of Income by overriding Titles d. Assessee and Assessment e. Capital Receipt and Revenue Receipt f. Rates of Income Tax: Proportional and Progressive Rate of Taxation g. Agricultural Income

Unit -II: Residential Status, Chargeability

a. Meaning and Rules for Determining Residential status of an Assessee b. Charge of Income Tax and Scope of Total Income c. Income Exempted from Tax and Deduction under Income Tax Law d. Heads of Income and its Justification e. Tax Treatment to Salary, Perquisites etc

Unit -III: Heads of Income and Rules of Tax

a. Tax Treatment to Income from House property b. Profits and Gains of Business & Profession c. Capital Gain Taxation

Unit – IV: Residual Income and Procedure for Assessment

Income from other Sources

b. Set off and Carry Forward of Losses

c. Deductions, Refund and Tax Authorities d. Return of Income and Assessment

e. Penalty and Prosecution for Tax Evasion f. Search and Seizure

Text Books:

1. Vinod Singhania & Kapil Singhania, Direct Taxes Law and Practice, Taxmann, 2014 Edition

2. Chaturvedi & Pithisaria, Income Tax Act with Relevant Tax Allied Acts, Lexis Nexis, 2013

References:

1. B.B. Lal, Income Tax, Pearson, 2010 (Ist Edition)

2. Taxmann’s Income Tax Act as Amended by Finance Act,

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SEMESTER –VIII

CODE OF CIVIL PROCEDURE – II

Objective: This paper is to give to a law student a thorough knowledge of procedural aspects of working of civil courts and other machineries.

Unit –I: Judgment and Decree

a. Judgment : Definition, Essentials, Pronouncement, Contents, and Alteration b. Decree : Definition, Essentials, Types, Drawing up of a decree, Contents, and Decree in particular cases c. Interest d. Costs

Unit-II: Execution

a. Courts by which decree may be executed b. Payment under decree c. Application for Execution d. Mode of Execution e. Stay of Execution f. Questions to be determined by executing court

Unit-III: Appeals

Appeals from original decree

b. Appeals from appellate decrees

c. General provisions relating to appeals

d. Appeals to the Supreme Court

e. Appeals by Indigent persons

Unit-IV: Reference, Review and Revision

a. reference to High Court

b. b. review c. revision

Text books:

1. Mulla – Code of Civil Procedure 2. Sarkar’s Code of Civil Procedure

References:

1. Code of Civil Procedure, 1908 (Relevant Provision) 2. M.P. Tandon – Code of Civil Procedure

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SEMESTER –VIII

INVESTMENT AND COMPETITION LAW

Objective: This paper focuses on the investment and competition laws of India in the contest of new economic order.

Unit – I: Competition Law

a. Background b. Prohibitions c. Competition Commission of India

Unit-II: Corporate Finance and regulatory framework

a. Security Contract (Regulation) Act 1956 b. SEBI Act 1992 c. Depositories Act 1996 d. The Securitisation and Reconstruction of Financial Assets and enforcement of security Interest Act, 2002

Unit-III: Regulatory framework for foreign trade, multinational companies,

a. Foreign Trade (Development & Regulation) Act 1992, b. UNCTAD Draft Model on Trans – national Corporations c. Control and regulation of foreign companies in India, d. Foreign collaborations and joint ventures

Unit – IV: Foreign Exchange Management

a. Background b. Policies c. Authorities

Text books:

1. Competition Act 2002

2. Security Contract (Regulation ) Act 1956

3. SEBI Act 1992

4. Depositories Act 1996

5. Foreign Trade (Development & Regulation) Act 1992,

6. Foreign Exchange Management Act, 1999

7. Taxman’s Student’s Guide to Economic Laws

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SEMESTER –VIII

SPORTS LAW

Course Objectives- The main objective of this course is to acquaint the student of law with Historical perspective of sports regulation, commercialization of sports , legal regulation of sports governing bodies, intellectual property rights and sports.

Unit-1 HISTORICAL PERSPECTIVE ON SPORTS REGULATIONS

Definition of sports

· Sociological and political aspects of sports

· Need for legal definition

· History of sports and historical perspectives of sports regulations and various regulatory regimes.

Unit-2 COMMERCIALIZATION OF SPORTS AND MODELS OF REGULATION

Commercialization of sports

· The normative rule structure of sports

· Challenges to the rules

· Juridification of sports – the role of law

· Different types of sporting bodies

Unit-3 LEGAL REGULATION OF SPORTS GOVERNING BODIES

Self regulation and its evaluation

· Judicial review

· Alternate dispute mechanisms in sports

· Sports ombudsman

· Legal regulation of doping in sports

· Sports participants and the law of discrimination

Unit-4 CONTRACTUAL TERMS AND OBLIGATIONS

Contractual obligations and the player’s obligations

· Prohibition against certain activities

· The employer’s obligation

· Other terms and conditions

(primacy and regulatory authorities, term and termination, decipline)

UNIT-5 SAFETY IN SPORTS: LEGAL ISSUES

Controlling participator law by criminal law

· Defences in criminal law

· Criminal law punishments

· Tort and extending tortuous liability

· Compensation in torts

· Safety of spectators and participants and stadium safety.

Text Books And Reference Books:

1. Sports Law, third edition, Simon Gardiner and mark James , Cavendish Publishing Ltd.

2. Law and the business of sports, David Griffith Jones, Butterworths publishers.

3. Sport and the Law, Edward Grayson, Tottel Publishing.

4. Sport and the Law: The Scott Perspective, William J Stewart, T&T Clark Edinburgh 2000.

5. Sports Law and Regulations, Mitten Davis and Smith Berry, Aspen Publishers, Wolters Kluwer(Law and Business)

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5TH YEAR SEMESTER –IX

PROFESSIONAL ETHICS ( CLINICAL PAPER-I)

MODULE I:

History of Legal Profession in India This modute contains the study of legal profession in India in ancient, medieval and especially the changes which the profession underwent during British rule and other related aspects essential to understand the history oflegal profession in India.

MODULE II:

Professional Ethics and Duties of Lawyers This module includes issues like need and necessity of ethics in the legal profession, relevant theories explaining its value and relevance in legal profession. In addition, duties of lawyers towards his clients, court, public, his fellow attomeys, self, society, etc., will also be undertaken for discussion. lndian code of ethics will be discussed in comparison with that of American Code. The module will also include role played by a lawyer in the administration of justice and advocate's duty towards legal reform and duty to provide legal aid etc.

MODULE III:

Advocates Act, 1961 This module covers the Advocates Act, l96l and relevant provisions ofThe Bar Council oflndia Rules.

MODULE IV:

Rights and Limitations of such Rights The core contents of this module are right to practice, right to argue his case, right over his professional fees. Decisions of courts on Advocate's right to strike will be subject of deliberation. Conflicts of interests, lawyer's versus client's interests and limitations of the rights of lawyers including restrictions on advertising, bar from carrying on other professions, etc will also be taken up for discussion.

MODULE V:

Liability for Deficiency in Service and other Wrongs Committed by Lawyers This module includes essential skills of a lawyer, case laws and relevant enactments like consumer Protection Act, 1986; the contempt of Court Act, l97l etc. which imposes liability upon an advocate for the wrongs he commits in the course of his professional service.

MODULE VI:

Impact of globalization on legal services in India The following important topics will be taken up for class discussion during the course: Impact of Globalization on legal profession, Legal outsourcing in lndia, Role of advocate in providing legal aid services, Advocate's role in outside cour/informal settlement ofdisputes and Age bar and entry into practice.

References:

l. Raju Ramach andran, Professional Ethics: Changing Profession and Changing Ethics, LexisNexis, Butterworths

2. P.B. Mukharj i, Professional Ethics of the Advocale, University of Burdwan

3. P. Ramanatha Aiyer, Legal & Professional Ethics- Legal Ethics, Duties & Privileges ofa Lawye r, W adhwa Publications, Nagpur

4. Justice V.R. Krishna lyer, Law, Lawyers and Jusrice, B.R. Publishing Corp. Delhi

5. Stephen Gillers, Regulation of Lowyers: Problems of Law & Ethics, Little, Brown & Com Boston Toronto, London

6. Ross Grauston (ed.), Legal Ethics & Professional Responsibility, Clarendon Press, Oxford

7. Gary Bellow & Bea Moultan, The Lowvering Process: Ethics and Professional Responsibility, The Foundation Press, Inc.

8. D.V. SubbaRao, Sarjiva Row 's The Advocates Act, 1961 , LexisNexis, Butterworths

9. Nicolson and Webb, Professional Legal Ethics, Oxford University Press

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SEMESTER –IX

DRAFTING, PLEADING AND CONVEYANCE

(CLINICAL PAPER-II)

Objective: The object of this paper is to train students in the art of drafting both for court purposes as well as for other legal forums

Unit – I: Fundamental Rules of Pleadings

a. Plaint Structure

b. Description of Parties

c. Written Statement and affidavit

d. Application for setting aside ex-part decree

Unit – II: Ordinary suit for Recovery

a. Suit under Order XXXVII of CPC and the difference between the two suits

b. Suit for Permanent Injunction

c. Application for temporary injunction Order XXXIX of CPC

d. Suit for Specific Performance e. Petition for eviction under the Delhi Rent Control Act

Unit – III: General Principles of Criminal Pleadings

a. Application for bail

b. Application under Section 125 Cr.P.C.

c. F.I.R. – under Section 154 Cr.P.C.

Unit – IV: Model Draft Forms

i. Notice to the tenant under section 106 of Transfer of Property Act

ii. Notice under section 80 of CPC

iii. Reply to notice

iv. General Power of Attorney

v. Will

vi. Agreement to SELL

vii. Sale – deed

viii. Suit for Dissolution of Partnership

ix. Petition for grant of probate / Letters of Administration

x. Application for appointment of receiver/Local Commissioner

xi. Application for Compromise of Suit

xii. Application for Appointment of Guardian

xiii. Application to sue as an indigent person under Order 33 CPC

xiv. Appeal from original decree under Order 41 of CPC

xv. Appeal from orders under order 43 of CPC

xvi. Revision Petition

xvii. Review Petition

xviii. Application under section 5 of Limitation Act

xix. Application for execution xx. Application for caveat section 148A of CPC

xxi. Writ Petition xxii. Application under section 482 of CPC

xxiii. Compounding of offences by way of compromise under section 320(i) Cr.P.C. xxiv. Lease deed xxv. Special Power of Attorney

xxvi. Relinquishment Deed

xxvii. Partnership Deed xxviii. Mortgage Deed

xxix. Reference to Arbitration and Deed of Arbitration xxx. Deed of gift

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xxxi. Notice under section 434 of the Companies Act

xxxii. Notice for Specific Performance of Contract

Text books:

1. Conveyancing – N.S. Bindra

2. Conveyancing – A.N. Chaturvedi

3. Mogha’s Law of Pleading

4. Conveyancing – D’Souza

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SEMESTER –IX

INTERPRETATION OF STATUTES

Objective: The paper is to equip the students with various tools of interpretation of statutes.

Unit – I: Introduction

a. Meaning of Interpretation

b. Need for Interpretation

Unit – II: Different parts of a Statute

Unit – III: Rules of Interpretation

a. Literal Rule

b. Golden Rule

c. Mischief Rule

Unit – IV: External and Internal aids of construction

Text books:

1. Maxwell’s on Interpretation

2. G.P. Singh’s Interpretation

References:

1. Craies on Interpretation

2. Crawford on Interpretation

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SEMESTER –IX

LAW OF LIMITATION

Objective-The Limitation Act, 1963 is an adjective enactment and addresses a very important aspect of civil law. It not only prescribes the limitation period for various legal proceedings and enforcement of rights but also speaks of condonation procedures and exclusion of time etc. Without studying the Law of Limitation any knowledge of the Civil Procedures shall remain inchoate and therefor it finds place in our present syllabus

UNIT-I

Salient feature and object of limitation Act 1963

UNIT-II

General Provisions as to the Bar of Limitation and Extension of the prescribed time (Sections 1-5)

UNIT-III

Legal Disability, exclusion of time etc. (Sections 6-24)

UNIT-IV

Acquisition and Extinguishment of Proprietary rights by the virtue of limitation (Sections 25-27)

Prescribed Books:

1. M.R. Mallick, B.B. Mitra The Limitation Act,, 1963 (22nd ed., 2011) 2. K. Shanmukham, Sanjiva Row’s The Limitation Act (9th ed., 2000)

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SEMESTER –IX

INTELLECTUAL PROPERTY RIGHTS

Objective: The aim of this paper is to introduce the basic concepts of Intellectual property laws

to the students for first time and familiarize them with the kind of rights, remedies and licensing

regime associated with each kind of intellectual property so that students can have a basic

understanding of Intellectual Property laws.

Module I – Introduction

1. Basic concept of Intellectual Property

2. Characteristics and Nature of Intellectual Property right

3. Justifications for protection of IP

Co 4. IPR and Economic Development

5. Major International Instruments relating to the protection of IP

i. Berne Convention

ii. Paris Convention

iii. TRIPS

Module II – Copyright

1. Meaning

2. Subject matter

i. Original literary, dramatic, musical, artistic works

ii. Cinematograph films

iii. Sound recordings

3. Ownership of copyright

4. Term of copyright

5. Rights of owner

i. Economic Rights

ii. Moral Rights

6. Assignment and license (including basic concept of statutory and compulsory license)of

rights

7. Performers rights and Broadcasters rights

8. Infringement of copyright

9. Fail use and Fair Dealing concepts

R elevant Sections: Sections 2,3,13, 14, 17, 18, 19, 22 to 31D, 37, 38, 51, 52, 63, 63A, 63B

Module III – Patents

1. Meaning

2. Criteria for obtaining patents

i. Novelty

ii. Inventive step

iii. Utility

3. Non patentable inventions

4. Procedure for registration , Term of patent , Rights of patentee

5. Basic concept of Compulsory license and Government use of patent

6. Infringement of patents and remedies in case of infringement

Relevant Sections: 2, 3, 4, 6, 9, 10,11A, 11B, 12, 25, 43, 45, 47, 48, 50, 53, 82 to 85, 87, 94, 99,

100, 104, 107, 107A, 108, 114,

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Module IV – Trade Marks

1. Meaning of mark, trademark

2. Categories of Trademark: Certification Mark, Collective Mark and Well known Mark and

Non-conventional Marks

3. Concept of distinctiveness

4. Absolute and relative grounds of refusal

5. Doctrine of honest concurrent user

6. Procedure for registration and Term of protection

7. Assignment and licensing of marks

8. Infringement and Passing Off

Relevant sections: 2, 9, 11, 12, 18 to 29, 38, 39, 122, 134, 135

Module V – Designs, GI and other forms of IP

1. Designs

1. Meaning design protection

2. Concept of original design

3. Term of protection

Relevant Sections: Section 2 (a) (d) (j) (g), 4, 5, 11, 22.

2. Geographical Indication

1. Meaning of GI

2. Difference between GI and Trade Marks

3. Concept of Authorized user

4. Homonymous GI

Relevant Sections: Section 2 (e) (f) (k ) (n) , 3, 7, 9, 10.

3. Trade-secret

1. Meaning

2. Criteria of Protection

4. Plant Variety Protection and Farmer’s Right

1. Meaning

2. Criteria of protection

Relevant Sections: Section 2 (i) (j) (k) (l), 14, 15, 16, 39

Reference

Statutes

The Copyright Act, 1957

The Patent Act, 1970

The Trade Marks Act, 1999

The Designs Act, 2000

The Geographical Indication of Goods Act, 1999

The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Books

Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford.

P. Narayanan, Intellectual Property Law, Eastern Law House

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SEMESTER –IX

SPACE LAW

Objective of the Course: The major objective of the course is to look into the legal regime governing outer space, the moon and other celestial bodies, and its implications on the recent scientific and technological developments. In furtherance of the objective, course would start with the analysis of development of space law and fundamental principles applicable to outer space, and then goes on to look into the legality of some of the recent developments like the claim of sovereignty and property rights over the outer space and celestial bodies, sale or leasing of orbits and spectrums, human habitation in outer space, militarization of outer space, plans to conduct inventions in outer space and increasing private space activities. Apart from the legal developments in the international level, the course would also cover the developments of space law at national level by analyzing the laws passed by some of the space-faring nations. The course is offered independently of air law with an objective of having an in depth study of the outer space regime. More importantly, space law and air law are two separate fields of law, essentially with very little interconnection.

Module - 1: Space Law: Historical Background

1.1 Definition and demarcation of outer space 1.2 Space technology - Benefits 1.3 Shift from air law to space law 1.4 Development of the space law - UN contributions 1.4.1 UN General Assembly Resolutions 1.4.2 Space treaties 1.4.3 Principles - A midway approach

Module - 2: Fundamental Principles

2.1 Province of all Mankind 2.2 National non-appropriation 2.3 Freedom of exploration, use and scientific investigation 2.4 Common Heritage of Mankind 2.5 Jurisdiction and control 2.6 Co-operation between the states 2.7 Astronauts - Envoys of Mankind

Module - 3: Liability and Registration

3.1 Launching state and Registering state 3.2 Liability and responsibility regime under the Outer Space Treaty iv 3.3 Absolute liability and fault liability 3.4 COSMOS 954 - A case study 3.5 State liability / responsibility for private space activities 3.6 Registration and identification

Module - 4: Some Problems of Current Concern

4.1 Question of state sovereignty and claim of property rights 4.2 Human habitation on the moon and other celestial bodies 4.3 Protection of the space environment 4.4 Demilitarization of the outer space 4.5 International Space Station - Inventions in outer space

Module - 5: System of Financing Outer Space Activities

5.1 Increasing private space activities 5.2 Asset-Based Financing 5.3 UNIDROIT Convention and draft Space Protocol vi 5.4 Creation and registration of international interests in space assets 5.5 Default and remedies 5.6 Loopholes in the UNIDROIT system

Module - 6: National Space Legislation

6.1 Need for national space legislation 6.2 Commerce oriented approach - US & Australian models 6.3 Other approaches - Russian & UK models 6.4 Indian position

Recommended Readings:

1 Bhayana, Harnam, International Law in the Regime of Outer Space, Calcutta: R. Cambray and Co. Pvt. Ltd., 2001. 2 V.S. Mani, S. Bhatt and V. Balakista Reddy (ed), Recent Trends in International Space Law & Policy, New Delhi: Lancers Books, 1997. 3 Nandasiri Jasentuliyana (ed), Space Law - Development and Scope, London: Praeger, 1992. 4 Paul B. Larsen, Space Law, Ashgate Publications, 2007.

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SEMESTER –X

ALTERNATIVE DISPUTE RESOLUTION

(CLINICAL PAPER-III)

OBJECTIVE:

The objective of this paper is to acquaint students with various modes of ADR. Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.

COURSE OUTCOMES:

At the end of this course the following outcomes should be achieved: Having successfully completed this course you will be able to:

1. Appreciate the advantages of resolving disputes through alternative dispute resolution mechanisms.

2. Appreciate the conceptual framework related to various ADR processes.

3. Appreciate the skills required for successfully conducting the ADR proceedings.

4. Identify various styles of drafting the arbitration clause in an agreement.

5. Identify and analyze the key provisions of the Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987.

6. Critically analyze the leading case-law pertaining to the Civil Procedure Code, 1908 [Section 89], Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987.

MODULE 1: BASICS OF ALTERNATIVE DISPUTE RESOLUTION

concept of adr

history and reasons for the growth of adr

advantages & disadvantages – adr mechanisms

litigation vs. alternative dispute resolution

MODULE 2: IMPORTANT FORMS OF ADR

meaning ,characteristics & essential elements of negotiation , mediation , conciliation , arbitration

, ombudsman ,lok pal and lokayukta ,lok-adalat.

MODULE 3: ARBITRATION

introduction

important terminologies in arbitration

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. types of arbitration

legal framework governing arbitration

the arbitration and conciliation act, 1996

a) legislative backdrop, scope and definitions

b) arbitration agreement

c) courts power of supervision

d) arbitrators

e) arbitral process and challenges to arbitration

f) arbitral award

g) recourse against arbitral award

h) recognition & enforcement of foreign arbitral awards

MODULE 4 : CONCILIATION

appointment of conciliator

role of conciliator

commencement of conciliator proceedings

Termination of conciliation proceedings.

Text Books:

1. J. G. Merrills, International Dispute Settlement. U.K : Cambridge University Press, 2005(Fifth Edn)

2. Avtar Singh, Law of Arbitration and Conciliation, Eastern Book Company, 2013(10th Edn)

References:

1. Robert J. Niemic, Donna Stienstra and Randall E. Ravitz, Guide to Judicial Management of Cases in ADR, Federal Judicial Centre, 2001

2. J. Auerbach, Justice Without Law? Oxford University Press, 1983

3. Abraham P. Ordover and Andrea Doneff, Alternatives to Litigation : Mediation, Arbitration, and the Art of Dispute Resolution, Notre Dame: National Institute for Trial Advocacy, 2002

SUPPLEMENTARY WEBSITES FOR REFERENCES:

1. www.icaindia.co.in (Indian Council of Arbitration).

2. www.indiankanoon.org (Indian Kanoon – Case Law Search)

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SEMESTER –X

CYBER LAW

Objective-The course intends to inculcate the significance of Cyber space and to enlighten the various legal, social and international issues and the various remedies available under the Information Technology Act for the breach and commission of offence in cyber space. The course also outlines international best practices and the various legal mechanisms to control the various offences in the cyberspace.

UNIT – 1: Introduction to Cyber Laws and Cyber Space

Definition of Cyber Law, Cyber Space and Netizen Origin/history & functioning of internet Cyber

World and the rule of Law in Cyber World Significance of Law in Dealing with Challenges Faced by Cyber

World. Issues of Jurisdiction and Applicable Law in Cyberspace International Treaties, Conventions and Protocols Concerning Cyberspace

UNIT – 2: Intellectual Property Rights in Cyberspace

Concept of Property in Cyber Space Implication on Intellectual Property Rights – International &

National Legal Preparedness. Interface with Copyright Law, Patent Law, Trademarks & Domain Names

Related issues The ICANN Uniform Domain Name Dispute Resolution Policy

UNIT – 3: Information Technology Act, 2000

– Cyber Law in India Historical background & Objectives Legal Recognition of Electronic Records and

Procedures Legal Recognition of Digital Signature Electronic & Digital Signatures – legal issues

Certifying Authority and its Role Cyber Appellate Tribunal Grey Areas of Information Technology Act, 2000

UNIT – 4: Cyber Crimes & Legal Framework

Kinds of Offences and Penalties defined under the IT Act, 2000 Cyber Crime against – Person, Property

& Government E-Evidence and Computer Forensic Concept of E-Litigation Right to Privacy and its

Legal Framework National & International Legal Framework for Protecting Privacy. Freedom of Speech & Expression vis-à-vis Cyber Law (Sec 66A of IT ActDeclared unconstitutional by Supreme Court)

Books Prescribed:

Computers , Technology and the new internet laws – Karnika Seth

2. Legal dimensions of cyber space – S.K.Verma

3. Cyber law – Nandan kamath

4. Intellectual property and the Internet – Rodney Ryder Books for

Reference:

1. Information technology law – Ian. J. Lyod 2. Cyber space law commentaries and Materials- Yee fen Lim 3. Cyber law – Yatindra Sinha 4. Commentaries on Information technology Act – Apar Gupta 5. Law of the Internet - George. B. Delta

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SEMESTER –X

FORENSIC SCIENCES

COURSE OBJECTIVES: Use of science in adjudication is Forensic science. In modern times criminal justice scenario, the traditional sources of proof which go on to include approvers, eyewitness have gone awry. The trials take just too long to keep the witnesses from turning hostile and the criminals are turning cleverer and more scientific. Due to new developments in the field of science, it is important for the law to keep on the technology and use it for its benefit. It is important that the prosecution agencies rely on something more authentic, more concrete and more productive in terms of convictions without the police having to resort to the methods which not only violate fundamental human rights but also fail to produce positive results most of the time. There has to be something that is available, hence, not prone to the whims of the witnesses.

Unit – 1: The role of Forensic Science in Criminal Cases:

History of Forensic Science

Forensic Science Laboratories and their utilization in Police work

The basic question in investigation - Qui Bono

Crime Scene

Locard’s Principles of Exchange

Discovery of traces of physical evidence

Systematization and classification of physical evidence and comparison with suspected material

Preservation of the Crime Scene

Value of Trace Evidence

Unit – 2: The Establishment of Identity

The Establishment of Identity of Individuals: -

Footprints, hair, skin, blood grouping; physical peculiarities.

The Establishment of the Identity of Physical Objects by shape and size:

Identifying marks and impressions made by physical objects;

shoes prints, type and tread marks, die and tool marks, upture of fracture marks.

The Establishment of the Identity of Physical Objects by Physical and Chemical Analysis:

Paints, colored objects metal, alloys ,chain and the earthen wares: cements, Plaster, bricks, dusts, soil minerals, plastics.

Unit – 3: Questioned Documents and Ballistics

Questioned Documents

Identification of Handwriting and Writing Material Identification

Paper, pen, pencil and ink

Types of Forgery and their detection

The Identification of Fire-Arms and Cartridges and Related Problems

Evidentiary value of details of injuries;

Traces left by the weapon used: its range and direction;

The shape and directions of blood drops and their evidentiary value,

The discovery of blood and semen stains on various objects

Accidental deaths and suicides.

Unit – 4: Modern Scientific Techniques and Law relating to expert and Scientific Evidence:

Narco-Analysis Tests

Polygraph Test

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Brain Mapping Test

Lie Detector Test & others

Value of Expert Evidence

Special Provisions in Cr. P.C. related to Expert attendance in court

Judiciary on Expert Opinion

Suggested Reading: -

1. B.S. Nabar: Forensic Science in Crime Investigation

2. Sharma B.R.: Forensic Science.

3.Forensic Science in criminal Investigation Dr.Jaishankar And Amin

4.Fundamentals of Forensic Science by Max M. Houck, Jay Siegel

5. Modern Criminal Investigation: Harry Soderman and john J.O.Conell(Published by Funk &Wangnalls Co.Inc.,New York)

6. Criminal Investigation: PaulL.Kirk,ph.D.(Published by inter science publishers,Inc.,(New York).

7. Criminal Investigation: Cr.A and Cross.(Published by sweet &Maxwell,Limited,London).

8. firearms, Forensic ballistics, Forensic chemistry and criminal jurisprudence: Gour,A.N.:

9. Forensic chemistry and scientific criminal investigation.: Lucas A.

10. Methods of forensic science (Vol.I): Lund quist.F.:

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SEMESTER –X (CLINICAL PAPER-IV)

MOOT COURT EXERCISE AND INTERNSHIP

Course Objective –

The term ‘moot’, according to Oxford and Chambers dictionary means, to propose for discussion; argue for practice; a matter about which there may be disagreement or uncertainly. The Course will help in developing fluency and clear assertion, and also gives one experience in the art of persuasion, and of putting a case concisely and intelligibly. The course not only gives one a picture of practice in court procedures but also helps to develop the self-confidence that every advocate should possess. This paper may have three components of 30 marks each and a viva for 10 marks.

(a)Moot Court (30 marks).

Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.

(b) Observance of Trial in two cases, one Civil and one Criminal (30 marks).

Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.

(c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks).

Each student will observe two interviewing sessions of clients at the Lawyer’s Office/ Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.

(d) The fourth component of this paper will be Viva Voce examination on all the above three aspects. This will carry 10 marks.

Course Outcomes –

After the completion of the course the students will be ableto:

• Enhance analytical as well as critical thinking of Students over interesting and contemporary legal issues,

• Demonstrate a thorough and contextual knowledge of the various laws particularly in its application to real and hypothetical legal problems.

• Acquire skill in advocacy, legal research and writing skills.

• Gain interest in advocacy and competence as an advocate.

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SEMESTER –X

RIGHT TO INFORMATION ACT

Objective: To understand the Meaning and Scope of Right to Information. Free exchange of ideas is a basic pillar of a democratic society. Corruption thrives in sacred places, therefore it is stated that sunlight is the best disinfectant. There should be governance in sunshine. The course is designed to convince the students how the right to information infuses transparency and accountability in governance, preventing abuse of power.

UNIT-I

Right to Information before Right to Information Act, 2005; Significance in democracy; Constitutional basis; Supreme Court on right to information.

UNIT-II RTI Act

- definitions; Right to information and obligations of public authorities

UNIT-III

Central information commission; State information commission; Powers and functions of information commissions; Appeals and penalties

UNIT-IV

Other related laws – The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Fre 1952; The Commission of Inquiry (Central) Rules, 1972.

UNIT-V

Best practices- A study of decisions rendered by state commissions and central Commission in the following areas of – Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled Banks, CPWD, Income Tax Department, Central Excise Department, Local Authorities.

Books Recommended

1. DasP.K.,TheRighttoInformationAct. 2. Jain N.K., Right to Information Concept Law and Practice. 3. Khandelwal Dheera &. Khandelwal Krishana K., The Right to Information Act, 2005. 4. Niraj Kumar Dr., Treatise on Right to Information Act, 2005.

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SEMESTER –X

WHITE COLLAR CRIME

Module – I Introduction

• Nature, Concept & Scope of White Collar Crime

• Classification of White Collar Crime

• Sutherland’s view on White Collar Crime

• Criticism of Sutherland’s view on White Collar Crime

Module – II White Collar Crime in India

2.1 Hoarding, Black-marketing & Adulteration

2.2 Tax evasion

2.3 White collar crime in different professions – Medical, Engineering, Legal, Educational Institutions

2.4 White collar crime in Business

2.5 Fake employment / placement rackets

Module – III Remedies to combat White Collar crime

• White collar crime vs. Traditional crime

• Judicial response to White collar crime

• Remedial measures to curb White Collar Crimes

Module – IV The Prevention of Corruption Act, 1988

4.1 Salient features of the Act

4.2 Offences committed by Public Servant & bribe giver

4.3 Sanction for Prosecution

4.4 Presumption where public servant accepts gratification

4.5 Prosecution and Penalties

Module – V The Prevention of Money Laundering Act, 2002

5.1 Salient features of the Act

5.2 Definition & Scope of Money Laundering

5.3 Survey, Search & Seizure, Attachment

5.4 Powers to arrest under the Act

5.5 Adjudication by the Adjudicating authorities & Special Courts

5.6 Obligation of banking companies, financial institutions and Intermediaries

Suggested Reading:

1. S.P. Singh, Socio- Economic Offences (1st Ed., 2005, Reprint 2015)

2. Ahmed Siddiqui, Criminology: Problems and Perspectives (4th Ed., 1997)

3. Seth and Capoor, Prevention of Corruption Act with a treatise on Anti- Corruption Laws (3rd Ed., 2000)

4. C. Mehanathan, Law on Prevention of Money Laundering in India (2014)

5. N.V Paranjape, Criminology, Penology with Victimology, 16th Ed., 2014, Central Law Publications