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SYLLABUS
BACHELOR OF LAW PART-I
(5 YEAR COURSE) (FIRST AND SECOND SEMESTER)
FOR 2017-18, 2018-19 and 2019-2020 SESSIONS
SCHEME OF STUDIES
FIRST SEMSTER
Paper Subject Univ.
Exam.
Internal
Assessment
Max. Marks
I English-I 74 26 100
II Political Science-I 74 26 100
III Sociology-I 74 26 100
IV Special Contract-I 74 26 100
V Law of Torts, Motor
Vehicle Accidents and
Consumer Protection
74 26 100
Total 370 130 500
SECOND SEMSTER
Paper Subject Univ.
Exam.
Internal
Assessment
Max. Marks
I English-II 74 26 100
II Political Science-II 74 26 100
III Sociology-II 74 26 100
IV Special Contract-II 74 26 100
V Public International Law 74 26 100
Total 370 130 500
The breakup of 26 marks for Internal Assessment will be as under:
1. Attendance 05 Marks
2. Written Assignment/Project Work etc. 11 Marks
3. Two Mid-Semester Tests/Internal Examination 10 Marks
------------
26 Marks
------------
GENERAL INSTRUCTIONS FOR THE PAPER SETTER ALL THE PAPERS
1. The maximum marks for each paper are 74 and the time allowed is 3 hours.
2. The minimum number of marks required to pass each paper shall be 45% in
University examination and 45% in University exam and internal assessment taken
together.
3. The question paper will consist of three units: I, II, III. Unit-I and II will have four
questions from the respective Units of the syllabus and will carry 11 marks each. Unit-
III will consist of 10 short-answer type questions, which will cover the entire syllabus
uniformly and will 30 marks in all.
INSTRUCTIONS FOR THE CANDIDATE
Candidates are required to attempt two questions each from the Unit I and II of the
question paper and the entire Unit III.
First Semester
Paper –I: English–I
Section A
Flights of Fancy (ed.) Baksheesh Singh, (Publication Bureau, Punjabi University,
Patiala)
Poems 1 to 10, 12 and 13 namely
1. Sonnet 116 (Let Me Not To The Marriage of True Minds)
2. On His Blindness
3. The Clod and The Pebble
4. The World Is Too Much With Us
5. Lucy Gray
6. My Native Land
7. Love
8. The Scholar
9. The River Of Life
10. The Journey Onwards
11. Love’s Philosophy
12. Bright Star
Popular Short Stories (ed.) Board of Editors, (Oxford University, Press)
The following stories to be studied:-
1. A Cup of Tea
2. A Work of Art
3. The Gift of the Magi
4. The Ant and the Grasshopper
5. How Much Land Does a Man Need
6. The Necklace
Note:- (i) The students will be tested on questions based on explanation with
reference to the context, central idea or summary from poetry and
questions based on character sketch, theme or summary from short
stories.
(ii) Students will be required to attempt one question on poetry and one on
short stories.
Section B
1.Grammar and Composition
(a) Paragraph Writing
(b) Grammar
(i) Tenses, Sequence of Tenses and Concord, Preposition, Determiners and
adverbs.
(ii) Combination of simple sentences to compound sentences and complex
sentences.
(iii) One Word Substitution (words pertaining to Government, Marriage,
Death, Professions and Trades, Nature Study)
2. Legal Terms – Meaning and Usage
1 Plaint 2 Written Statement 3 Plaintiff
4 Defence 5 Petition 6 Petitioner
7 Appeal 8 Magistrate 9 Judge
10 Court 11 Tribunal 12 Divorce
13 Judicial Separation 14 Legitimate 15 Illegitimate
16 Adoption 17 Maintenance 18 Alimony
19 Valid 20 Void 21 Voidable
22 Pleading 23 Litigation 24 Public
25 Private 26 Monogamy 27 Bigamy
28 Polygamy 29 Crime 30 Will
31 Deed
Suggested Readings
Flights of Fancy : Publication Bureau, Punjabi University, Patiala
Popular Short Stories : Oxford University Press
High School English
Grammar and Composition : Wren and Martin
The Students’ Companion : Wilfred D. Best (Rupa & Co.)
The Students’ Companion : Terry O’ Brien
Judicial Dictionary : K.J. Aiyar
First Semester
Paper –II Political Science– -I
UNIT-I
Meaning, Nature and Scope of Political Science
Political Theories: Traditional, Modern and Contemporary
Relations of Political Science with Law, History, Economics and Sociology
State: Meaning, Elements and its distinction from Government and Society
Theories of Origin of State: Social Contract Theory and Evolutionary Theory
UNIT-II
Liberalism: Meaning, Negative, Positive and Contemporary Liberalism
Marxism: Meaning and Features.
Gandhism
Sovereignty: Meaning, Nature and Types.
Monistic and Pluralistic theories of Sovereignty
Political System: Meaning, Functions and its distinction from State
Suggested Readings
Agarwal, R.C., Political Theory, S. Chand and Company, New Delhi.
Aror, N.D. and S.S. Awasthy, Political Theory and Political Thought, Har Anand
publications, New Delhi.
Bakaya, Santosh, The Political theory of Report Nozick, Kalpaz publications ,
Delhi.
Bronner Eric Stemphn, (ed.) Twentieth century political theory: A Reader,
Routledge, New Work.
Chander Prakash Andluna Anand, Political theory and thought, Surjeet
Publications, Delhi.
Gandhi Madan, G., Political theory and Thought, Pragati Publications, New Delhi.
Handdock Bruce, History of Political Thought: 1789 to the Present, Atlantic
Publishers and Sistributors Pvt. Ltd., New Delhi.
Jain Nilanyana, The Problem of Justice in Political theory and State Practice,
Anamoka publishers, New Delhi.
Johari, J.C., Contemporary Political theory, Sterling publishers Pvt. Ltd., New
Delhi.
Jules, Town Shield, The Politics of Marxism: The Critical debates,Leicester
Univerksity Press, London, New York.
Kelly, Paul, Liberalism, polity Press. Cambridge.
Mohapatra, Nalin Kumar, Political Culture and Democratic Development in
Central Asia Book Well, New Delhi.
Mukhopadhyay, Amal Kumar, Political Sociology, K.P. Bagchi & Co. Calcutta.
Nelson Brian R., Western Political thought. Pearson Education, New Delhi.
Roberts and Sutch, Introduction to Political thought, Atlantic, New Delhi.
Asirvatham, Eddy, Political theory, S. Chand and Company, New Delhi. 3
First Semester
Paper –III – Sociology-I
UNIT-I
Sociology
- Definition, Nature, Scope and Significance
- Sociology and Law
- Basic Concepts : Society, Community, Socialisation, Social Structure, Status and
Role, Social Groups, Norms and Values
Institutions
- Economic Institutions
- Political Institutions
- Religious Institutions
- Educational Institutions
UNIT -II
Social Stratification
- Concept, Elements
- Forms - Caste and Class
- Theories of Social Stratification: Kingsley Davis and Wilbert E. Moore Karl Marx,
Max Weber
Social Processes, Social Problems and Social Control
- Social Processes: Associative and Dissociative
- Social Problems – Corruption, Crime, Communal Conflict
- Social Control: Meaning, Agencies of Social Control
-
Suggested Readings
Bhushan, V and D.R. Sachdeva. 2012. An Introduction to Sociology. Kitab Mahal
Publications, Allahabad.
Haralambos, M and RM Heald. 2010. Sociology: Themes and Perspectives. Oxford
University Press, New Delhi.
Bottomore, T.B. (1971) 2010. Sociology: A Guide to Problems and Literature. Routledge
Revivals, New Delhi.
Davis, K. 1949. Human Society. Macmillan Co. London, U.K.
Worsley Peter et. al. 1987. Introducing Sociology. Penguin Books, California.
Gisbert, P.S.J. (1973) . Fundamentals of Sociology. Orient Longman, Kolkata.
Ahuja, R. 1997. Social Problems in India. Rawat Publications, Jaipur.
SEMESTER FIRST
PAPER – IV- SPECIAL CONTRACT-I
UNIT- I
Agreement and contract: Definition and elements
Proposal and acceptance: Various Forms, essential elements communication and revocation
proposal and invitation to a proposal.
Consideration: Its meaning, kinds and essential elements, its exceptions; present past and
adequate consideration, whether performance of existing duties amounts to consideration;
stranger to contract cannot sue.
Capacity to contract: incapacity arising out of status and mental defect; minor‘s agreement-
definition of minor, agreements beneficial and detrimental to a minor, ratification in cases
by a person of an agreement made by him while he was a minor; ―necessaries supplied to a
minor.
Free Consent: Its need and definition, factors vitiating free consent
Coercion: definition- essential elements, duress and coercion- effect of coercion.
Undue Influence: Definition- essential elements. Between which parties can it exist? Who
is to prove it? Illustration of undue influence- pardanashin women- independent advice,
unconscionable bargains, effect of undue influence.
Misrepresentation: Definition-misrepresentation of Law and of facts -their effects
Fraud: Definition- essential elements, Active concealment of truth- importance of intention,
When does silence amount to fraud.
Mistake: Definition kinds, mistake of Law and of facts -their effects
Legibility of Consideration and object: unlawful consideration and objects:
-forbidden by law
-defeating the provision of any law
-fraudulent
-Injurious to person or property
-immoral
5
-against public policy
Void Agreements: Void, Voidable and unlawful agreements and their effects
Agreements without consideration
Agreements in restraint of marriage
UNIT- II
Agreements in restraint of trade: exceptions- Sale of good-will, restrictions under the
partnership act, trade combinations, exclusive dealing agreements, restraints on employees
under agreement of service.
Wagering agreement: its exceptions
Contingent contracts: Definition- enforcement- contingent contract and wagering agreement
Discharge of a contract by various modes
By Performance: Conditions of a valid tender of performance- how, by whom, when, in
what manner? Performance of reciprocal promises, time as an essence of contract.
By breach: anticipatory breach and present breach
Impossibility of performance: Specific grounds of frustration, effect of frustration
By agreement: rescission and novation, their effect, remission and waiver of performance,
extension of time accord and satisfaction.
Quasi contracts or certain relations resembling those created by contracts.
Remedies for breach of contract: Damages, Kinds- remoteness of damage- liquidated
damages and penalty
Standard form of contracts: Nature, Advantages, unilateral character principles of
protection against the possibility of exploitation, judicial approach to such contracts,
exemption clauses, Law commission of India Views.
Suggested Readings:
R.K Bangia...............................Law of Contract
Avtar Singh.....................................Law of Contract
R. Aggarwal.....................................Law of Contract
Mulla .....................................Law of Contract
Sandeep Bhalla.....................................Law of Contract
6
SEMESTER-FIRST
PAPER V: LAW OF TORTS, MOTOR VEHICLE ACCIDENTS AND CONSUMER
PROTECTION LAW
UNIT I
a) Definition and concept of Tort
b) Distinction between Tort and crime.
c) Distinction between tort and breach of contract.
d) Constituents of Tort –Wrongful act, Legal Damage –Damnum Sine Injuria and Injuria Sine
Damnum, Legal Remedy.
e) General Defences: Volenti Non Fit Injuria, Inevitable Accident, Act of God, Private Defence,
Necessity, Statutory Authority.
f) Vicarious Liability: Meaning and instance of Vicarious Liability, Master‘s liability for wrong
committed by his servant, Liability of the State for the wrong committed by its servant.
UNIT II
a) Defamation-Constituents and Defences.
b) Torts against person-assault and Battery
c) Nuisance - essentials and defences.
d) Rule of Strict and Absolute Liability
e) Negligence : Constituents
f) Compensation payable under the Motor Vehicle Act-1981
g) The Consumer Protection Act, 1986: Definitions of Complaint, Complainant, Consumer, Service,
Consumer Dispute Redressal Agencies: Composition and jurisdiction
h) Redressal of Complaints: Manner, Procedure and Limitation, Appeals
Suggested Readings
Law of Torts by RatanLal and DhirajLal
Law of Torts by R K Bangia
Law of Torts by S P Singh
Introduction to the law of torts by Avtaar Singh
Law of Torts by Salmond and Hevston
Law of Torts R.E.V. Heuston
ftnershrs iK ;wkie ngokX (Law of Torts) vkHtfozdo e[wko e"f;ae
7
Second Semester
Paper –I: English–II
Section A
Roses in December by M.C. Chagla
Chapters : IV The Bar
VII Chief Justice
X International Court
XVI The Presidents, Prime Ministers and Parliament
Section B
(A) Grammar and Composition
(1) Formal Correspondence
(2) Grammar-
(i) Words often confused
(ii) Basic transformations –
(a) Passive (b) Questions, Question tags (c) Negatives
(iii) Punctuation
(B) Legal Terms – Meaning and Usage
(a) Agency
Agreement
Bail
Bailable
Bailment
Contract
Culpable Homicide
Decree
Defamation
Execution
First Information Report (F.I.R.)
Fraud
Genocide
Guarantee
Guardian
Homicide
Indemnity
Judgement
Judiciary
Legislation
Legislature
Libel
Malafide
Minor
8
Misstatement
Non-Bailable
Order
Pledge
Slander
Suicide
(b)
Ab, initio
Ab intra
Ad interim
Ad Valorem
Adhoc
Audi alteram Partem
Bona fides
De facto
De jure
De novo
Detinue
Enroute
Ex-officio
Ex parte
Ex post facto
Impugne
Inter-alia
Jure humane
Locus standi
Mala fide
Suggested Reading
Roses in December : M.C. Chagla
High School English
Grammar and Composition : Wren and Martin
Oxford Advanced Learner’s :
Dictionary of Current English. A.S. Hornby
9
Second Semester
Paper –II Political Science– II
UNIT-I
Rights: Meaning and Features.
Liberty and Equity: Meaning and Relation between them.
Justice: Meaning and Various Dismensions.
Democracy: Meaning and Theories (Liberal, Marxist and Elitist).
U.N. Declaration on Human Rights.
UNIT-II
1. Nature of Party System in India.
1. (a) Role of National and Regional Political parties in India.
2. Forms of Government: Unitary and Federal, Presidential and Pariliamentary.
3. Changing nature of Indian Political System.
4. Pressuregoups and their importance in Indian Politics.
5. Foreign Policy: Meaning, Objectives and Determinants.
6. India’s Regional Relations: SAARC, BRICS and IBSA.
Suggested Readings
Agarwal, R.C., Political Theory, S. Chand and Company, New Delhi.
Aror, N.D. and S.S. Awasthy, Political Theory and Political Thought, Har
Anand publications, New Delhi.
Bakaya, Santosh, The Political theory of Report Nozick, Kalpaz publications ,
Delhi.
Bronner Eric Stemphn, (ed.) Twentieth century political theory: A Reader,
Routledge, New Work.
Chander Prakash Andluna Anand, Political theory and thought, Surjeet
Publications, Delhi.
Gandhi Madan, G., Political theory and Thought, Pragati Publications, New
Delhi.
Handdock Bruce, History of Political Thought: 1789 to the Present, Atlantic
Publishers and Sistributors Pvt. Ltd., New Delhi.
Jain Nilanyana, The Problem of Justice in Political theory and State Practice,
Anamoka publishers, New Delhi.
Johari, J.C., Contemporary Political theory, Sterling publishers Pvt. Ltd., New
Delhi.
Jules, Town Shield, The Politics of Marxism: The Critical debates,Leicester
Univerksity Press, London, New York.
Kelly, Paul, Liberalism, polity Press. Cambridge.
Mohapatra, Nalin Kumar, Political Culture and Democratic Development in
Central Asia Book Well, New Delhi.
Mukhopadhyay, Amal Kumar, Political Sociology, K.P. Bagchi & Co. Calcutta.
Nelson Brian R., Western Political thought. Pearson Education, New Delhi.
Roberts and Sutch, Introduction to Political thought, Atlantic, New Delhi.
Asirvatham, Eddy, Political theory, S. Chand and Company, New Delhi.
Second Semester
Paper –III – Sociology-II
UNIT -I
INDIAN SOCIETY
Traditional bases, Unity in Diversity
Types of Indian Society: Tribal, Rural and Urban
Continuity and Change in Indian Society: Law and Social Change
Social Processes: Sanskritisation, Westernization, Modernisation
SOCIOLOGY OF CASTE
Caste: Meaning, features
Scheduled Castes with special reference to Constitutional Provisions: (Article 14, 15, 16,
17, 23, 24, 25, 29, 46, 330, 332, 341, 342), The Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989
Scheduled Tribes: Features
Reservation for SCs, STs, BCs, OBCs and Women
UNIT –II
SOCIOLOGY OF CRIME AND DEVIANCE
Relationship between Sociology and Criminology
Crime and Deviance: Meaning and Difference
Causes of Crime & Deviance, Labeling theory
Crime, Deviance and Social Control
SOCIAL PROBLEMS AND MAJOR LAWS
Unemployment, Dowry, Child Labour, Gender Discrimination; Crime against women:
Dowry, Rape, Sexual Harassment, Domestic Violence
Sociological Implications of Major Laws:
Protection of Women from Domestic Violence Act, 2005
Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal Act,
2013)
Dowry Prohibition Act, 1961
Hindu Succession (Amendment) Act, 2005 (Section 6)
Juvenile Justice, (Care and Protection of Children) Act, 2015
The Child and Adolescent Labour ( Prohibition and Regulation) Act, 1986
SUGGESTED READINGS
Bare Acts
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Dowry Prohibition Act, 1961
The Scheduled Castes, Scheduled Tribes Prevention of Atrocities Act, 1989
The Child Labour (Prohibition and Regulation) Act, 1986
The Protection of Women from Domestic Violence Act, 2005.
Suggested Readings
Bhushan, V and D.R. Sachdeva. 2012. An Introduction to Sociology. Kitab Mahal
Publications, Allahabad.
Das, Veena. 2004. Handbook of Indian Sociology. Oxford University Press, New Delhi.
Ghanshyam Shah. 2004. Caste and Democratic Politics in India. Permanent Black, New
Delhi.
Ahuja R. 2003. Indian Social System. Rawat Publications, Jaipur.
Ahuja R. 2003. Criminology. Rawat Publications, Jaipur.
Kumari Ved. 2004. The Juvenile Justice System in India: From Welfare to Rights. Oxford
University Press, New Delhi.
Seth, Mira. 2001. Women and Development: The Indian Experience. Sage Publications,
New Delhi.
Agrawal, G. and Colin Gonsales. 2005. Dalits and the Law. Human Rights Law Network,
New Delhi.
Goonesekere Savitri. 2004. Violence, Law and Women’s Rights in South Asia. Sage
Publications, New Delhi.
Sharma, Basant K. 2007. Hindu Law. Central Law Publications, Allahabad.
Other Books
Mandlebaum, David G. 1971. Society in India. Popular Prakashan, Mumbai.
Dube, S.C. 2005. Indian Society. National Book Trust, New Delhi.
Bose, N.K. 1994. The Structure of Hindu Society. Orient Longman Limited, New Delhi.
Beteille, Andre et.al. 1999. Institutions and Inequalities, Oxford University Press, New
Delhi.
Ahuja, R .1997. Social Problems in India. Rawat Publications , Jaipur.
Singh, Yogender. 1993. Social Change in India: Crisis and Resilience. Har Anand
Publication, New Delhi.
Srinivas, M.N. 2000. Social Change in Modern India. Orient Longman, India.
Thapar, Romesh. 1977. Tribe, Caste and Religion in India. Macmillan Company, India.
Desai, A.R. 1944. Rural Sociology in India . Popular Prakashan, Mumbai.
Prabhu, P. H. 1991. Hindu Social Organization. Popular Prakashan, Mumbai.
SEMESTER SECOND
PAPER IV- SPECIAL CONTRACT-II
UNIT- I
Contract and Indemnity and contract of guarantee- Indemnifier‘s liability
Surety‘s liability- Discharge of surety, Rights of surety
Bailment- Essentials, Duties of Bailee, Rights of Bailee Pledge- rights of Pawnee
Agency- Agent and principal, creation and revocation of agency, Ratification, Personal
Liability of Agents
Indian Partnership Act 1932
-Essentials of partnership (Section 4,5 and 6)
-Implied authority of a partner (Section 18,19 and 20)
-Holding out (Section 28)
- Position of minor in the law of partnership (Section 30)
- Modes of dissolution of a firm (Section 39 to 44)
- Registration of firm (Section 56-59 and section 69)
UNIT- II
Sale of Goods Act 1930
-Sale and agreements to sale (Section 4)
-Contract of sale – how made (Section 5)
-Conditions and warranties (Section 12- Section 17)
-Transfer of property in goods (Section 18- Section 24)
- Transfer of Title (Section 27 to Section 30)
-Performance of contract of Sale of goods (Section 31- 37 and 42-44)
-Unpaid seller (Section 45)
- Unpaid seller‘s Lien (Section 47,48, 49)
-Stoppage in transit (Section 50, 51 ,52)
-Right to Resale (Section 53,54)
-Suits for the breach of Contract (Section 55 to 60)
-Sale by Auction (Section 64)
Suggested Readings:
R.K Bangia...............................Law of Contract
Avtar Singh.....................................Law of Contract
R.K Bangia...............................Sales of Goods Act and Partnership Act
Avtar Singh.....................................Sales of Goods Act and Partnership Act
SEMESTER-SECOND
PAPER V: PUBLIC INTERNATIONAL LAW
SECTION-I
Definition, Nature and Basis of International Law.
Sources of International Law
Subjects of International Law: Individual; State and International Organisations.
States in General – Meaning of State Territory; Different kinds of State and Non-State Entites.
Recognition – Meaning, theories, modes of Recognition, Consequences of recognition and non-
recognition.
Self-Determination, Diplomatic Agents under International Law
SECTION-II
Jurisdiction of the State :Jurisdiction and Immunities from Jurisdiction.
Maritime Jurisdiction over Territorial Sea, Exclusive Economic Zone, High Seas & Ocean Floor.
Extradition and Asylum.
Intervention in International Law.
Settlement of International Disputes: Amicable and Coercive methods.
International Court of Justice: Composition, Jurisdiction and Role of the court.
Jurisdiction of International Criminal Court.
WTO Dispute Settlement Board.
Suggested Reading
SK Kapoor: International Law
Dr. HO Aggarwal: International law and Human Rights.
DJ Harris Cases and material on International Law
Ian Brownlie on International Law
Martin Dixon International Law Oxford University Publication
17
SYLLABUS
BACHELOR OF LAWS PART-III
(5YEAR COURSE) (FIFTH AND SIXTH SEMESETERS)
FOR 2016-17, 2017-18 AND 2018-19 SESSIONS
SCHEME OF STUDIES
FIFTH SEMESTER
Paper
Subject Univ.
Exam.
Internal*
Assessment
Max.
Marks
I Legal History 74 26 100
II Environment Law 74 26 100
III Law of Property 74 26 100
IV Labour and Industrial Law-I 74 26 100
V Administrative Law 74 26 100
Total 370 130 500
SIXTH SEMESTER
Paper Subject Univ.
Exam.
Internal*
Assessment
Max.
Marks
I Jurisprudence 74 26 100
II Law of Taxation 74 26 100
III Company Law 74 26 100
IV Labour and Industrial
Law-II
74 26 100
V Option:Any one of the
following:
(a)International Organisations
(b)Gender Justice
(c) Media and Law
74 26 100
Total 370 130 500
2
*The break-up of 26 marks for Internal Assessment will be as under:
(a) Attendance - 05 Marks
(b) Written Assignment/Project Work etc. - 11 Marks
(c) Two Mid-Semester Test/Internal Examination - 10 Marks
Total - 26 Marks
(A) GENERAL INSTRUCTIONS FOR THE PAPER- SETTER
FOR ALL THE PAPERS
1. The maximum marks for each PAPER are 74 and the time allowed
is 3 hours.
2. The minimum Marks required to pass each PAPER shall be 45% and 50% in aggregate.
3. The question-paper will consist of three units; I, II, III. Unit I and II will have Four
questions from the respective units of the syllabus and will carry 11 marks each. Unit III
will consist of 10 short answer type questions, which will cover the entire syllabus
uniformly and will carry 30 marks in all.
(B) INSTRUCTIONS FOR THE CANDIDATES
Candidates are required to attempt Two question each from the Units I, II. The question
paper and the entire Unit III.
B.A.LL.B 5th Semester
Paper-I:- Legal History
UNIT-I
-- System of Governance during Vedic Period.
-- Hindu Law and Dharma.
-- Manusmriti & Kautilya's Arthashastra.
-- Islamic Jurisprudence.
-- Application of Mohammedan law in India.
-- Application of Hindu law during the Muslim period.
UNIT-II
-- British system of Administering justice.
-- Government of India Act, 1858.
-- Charter Act, 1861.
-- Government of India Act, 1909.
-- Government of India Act, 1919.
-- Government of India Act, 1935.
-- Salient features of Indian Independence Act, 1947.
-- Judicial Activism and Development of law.
SUGGESTED READINGS
-- V.D Kulshreshtha : Landmarks in India Legal and Constitutional History.
-- M.P Jain : Constitutional History of India.
-- D.D Aggarwal : Jurisprudence in India: Through the Ages.
-- Rama Jois : Legal and Constitutional History of India.
-- S.C Tripathi : Indian Legal & Constitutional History.
Paper-II:- Environmental Law
UNIT-I
-- Meaning, Definition & Kinds of Pollution, Pollution by Fireworks.
-- Ecology System.
-- Factors Affecting the Environment in India.
-- General Legal Provisions relating to Control of Pollution.
-- Constitution of India Articles 48A, 50A(g).
-- Code of Civil Procedure Code Section 91.
-- Code of Criminal Procedure Code Section 133.
-- Indian Penal Code Ss. 268, 270, 278, 290.
-- Law of Torts and Judicial Remedies.
-- Environment Protection Act, 1986.
-- Salient Features of National Green Tribunals Act, 2010.
-- Salient Features of Sustainable Development.
-- Role of Judiciary in India for the protection of Environment.
-- Principles of Stockholm Declaration on the Human Environment 1972.
-- Principles under the Rio Declaration on Environment & Development 1992.
UNIT-II
-- The Water (Prevention and Control of Pollution) Act, 1974.
-- The Air (Prevention and Control of Pollution) Act, 1981.
-- The Punjab Juvenile Smoking Act, 1918.
-- The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975.
Noise Pollution and Law.
-- Meaning, Concept and Effects of Noise Pollution
-- Legislative measures to Control Noise Pollution
-- Noise Pollution and Constitution Provisions
5
Wild Life Protection Act, 1972
-- Constitution of National Board and Functions of National Board
-- Constitution of State Board and Duties of State Board
-- Prevention and Detection of Offences
-- Penalities
SUGGESTED READINGS
1. Report of the Committee for Recommending Legislative Measures and Administrative
machinery for Ensuring Environmental Protection known as Tiwari Committee, 1981.
2. Dr. Paramjit Jaswal, Environment Law.
3. Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India Cases,
Materials and Statute, 2001.
4. Paras Diwan (Ed Environmental Protection- Problems, Policy Administration law,
1987.
5. N.S. Kamboj, Control of Noise Pollution, 1999.
6. All Relevant Bare Acts relating to Environment Pollution.
7. S.C. Shashtri, Environment Law.
6
Paper-III:- Law of Property
UNIT-I
-- Definitions (Section 3).
-- Transfer by the act of Parties (Section 5).
-- Non Transferable Properties (Section 6).
-- Persons Competent to transfer and operation of transfer (Section 7-8).
-- Conditions restraining alienations (Section 10).
-- Transfer for the benefit of an unborn person (Section 13).
-- Rule against perpetuity (Sections 14-18).
-- Doctrine of Election (Section 35).
-- Transfer by Unauthorised persons -Feeding the grant by Estoppel (Section 43).
-- Tranferee's right under Insurance Policy (Section 49).
-- Doctrine of Part-performance (Section 53-A).
UNIT-II
-- Definitions of Mortgage (Section 58)
-- Essential elements of Mortgage.
-- Kinds of Mortgage.
-- Mortgager's Right to redeem (Section 60).
-- Definition of Charge (Section 100).
-- Kinds of Charge.
-- Distinction between Charge and Mortgage.
-- Definition of Sale (Section 54).
-- Essentials of Sale.
-- Rights and Liabilities of Buyer and Seller (Section 55).
-- Definition of Exchange (Section 118).
-- Distinction between Sale and Exchange (Sections 54 & 118).
7
-- Definition of Gift (Section 122).
-- Essentials of Gift.
Prescribed books:
S.N Sukla : Transfer of Property Act
R.K. Sinha : Transfer of Property Act 1882
SUGGESTED READINGS
1. Avtar Singh : Transfer of Property
2. Mulla : Transfer of Property Act, 1882
3. G.P. Tripathi : The Transferal Property Act
8
Paper-IV:- Labour and Industrial Law-I
UNIT-I
The Factories Act, 1948
-- Object and salient features of the Act.
-- Worker's health.
-- Worker's Welfare.
-- Working hours of adults.
-- Employment of young person.
-- The Trade Union Act, 1926.
-- Object and Salient features of the Act.
-- Definition.
-- Registration of Trade Union.
-- Position of Unregistered and recognised Trade Union.
-- Rights of Registered Trade Union.
-- Liabilities of Registered Trade Union.
-- Amalgamation of Trade Union.
-- Dissolution.
-- Role of Judiciary in safeguarding the rights of workmen.
-- The Trade Union (Amendment) Act, 2001.
UNIT-II
The Industrial Disputes Act, 1947
-- Object and Salient feature of Act
-- Definitions
Authorities under the Act
-- Works Committee
-- Conciliation Officer
-- Board of Conciliation
-- Court of Enquiry
9
-- Labour Courts
-- Tribunals
-- National Tribunals
-- References of disputes to Boards, courts or tribunals, voluntary reference of disputes to
arbitration.
-- Strikes and lock outs
-- Prohibition of strikes and Illegal strikes.
-- Prohibition of financial aid to illegal strikes and lock outs.
-- Lay-Off.
-- Retrenchment.
-- Unfair Labour Practice
SUGGESTED READINGS
Report of the National Commission on Labour (1969)
Indian Law Institute, Labour Law and Labour Relation, 1957
G.M. Kothari : A Study of Industrial Law
S.N. Mishra : Industrial and Labour Law
V.G. Goswami : Industrial and Labour Laws
S.K. Puri : Industrial and Labour Laws
Chopra : Minimum Wages Act
Chopra : Payment of Wages Act
S.C. Srivastava : Women's Compensation Act
P.L. Malik : Employee State Insurance Act
10
Paper-V:- Administrative Law
UNIT-I
General Principles of Administrative Law
Definition and scope of Administrative Law; History and growth of Administrative Law
in India, United Kingdom and United States of America.
Concept of Rule of Law, Rule of Law and the Indian Constitution.
Doctrine of Separation of Powers.
Right to Open Government; Official Secrecy and Privilege to withhold disclosure of
documents.
Binding nature of Statute.
Legislative Powers of Administration
Necessity of delegated legislation, Merits and demerits of delegated legislation,
Constitutionality of delegated legislation, legislative control of delegated legislation and
judicial control of delegated legislation.
Powers of Investigation and Commission of Inquiry.
UNIT-II Scope and grounds of Judicial review
Jurisdictional error
Abuse of discretion
Non application of mind
Error apparent on the face of record
Administrative Adjudication and Principles of Natural justice.
Administrative Tribunals and other institution and procedure
Constitutional provisions on Tribunals under Articles 323-A and 323-B.
Administrative Tribunals Act, 1985.
Constitution, Powers and procedure of the Administrative
Tribunals under the Act
11
Public corporations: Necessity and parliamentary control over public corporations;
Liability of the public corporations.
SUGGESTED READINGS
1. I.P. Massey : Administrative Law
2. Justice Thakur : Administrative Law
3. D.D. Basu : Comparative Administrative Law
4. Jain & Jain : Principles of Administrative Law
5. S.P. Sathe : Administrative Law
12
B.A.LL.B- 6th Semester
Paper-I:- Jurisprudence
UNIT-I -- Jurisprudence- Meaning, Nature and Scope.
-- Definition of Law, Classification of Law. Relation between Law and Morals.
-- Sources of Law: Custom- Meaning, Kinds, Essentials of a valid custom, when does a
custom become Law?
-- Precedent: Meaning, Importance, Merits and Demerits. Doctrine of Precedent and its
operation in India. Do the judges make Law?
-- Legislation: Meaning, Supreme and Subordinate Legislation.
-- Concept of Administration of Justice, Difference between Administration of Civil Justice
and Criminal Justice, Theories of punishment.
-- State: Definition, Elements of State, Theories of origin of State, Relation between law
and State.
-- Codification: Meaning, Classification, Merits and Demerits.
-- Rights and Duties: Meaning, Theories of Legal right, Elements of Legal right,
Classification of Rights and Duties.
-- Personality: Meaning and Nature of Legal Personality, Legal Status of unborn person,
Dead man, Animals, Idol and State, Nature of Corporate Personality, Theories of
Corporate Personality, Advantages of Incorporation liability of Corporation.
UNIT-II -- Kelsen's Pure theory of law.
-- Historical School of law.
-- Sociological School of law.
-- Analytical school of Law.
-- Natural Law school.
-- Possession: Meaning, Kinds of Possession, Analysis of Possession, Pessessory
Remedies, Rights of Possessor, Acquisition of Possession.
13
-- Ownership: Definition, Essentials of ownership, Kinds of ownership, Modes of
Acquisition of ownership.
-- Property: Meaning, Theories of Property, Kinds of Property, Modes of Acqisition of
Property.
SUGGESTED READINGS
1. Friedman W. : Legal Theory.
2. B.N.M. Tripathi : An Introduction to Jurisprudence.
3. S.N Dhyani : Fundamentals of Jurisprudence.
4. Dias : Jurisprudence.
5. vkH tfozdo e[wko e"f;ae : ftXh ;ak;so dh ikD-gSkD 6. N.V. Paranjape : Studies in Jurisprudence & Legal Theory
14
Paper-II: - Law of Taxation
UNIT-I -- Constitutional Provisions, Concept of Tax, Nature and Characteristics of Taxes.
-- Distinction between: Tax and Fee, Tax and Cess, Direct and Indirect Taxes.
-- Income Tax Law- Definitions: Income, Total Income, Assessee, Person, Assessment
year, Previous Year, Capital Asset.
-- Charge of Income Tax (Section 4), Incidence of Tax (Section 5), Residential Status of an
Assessee (Section 6)
-- Heads of Income (Section 14).
-- Income under the Head "Salaries" (Section 15-17).
-- Income under the Head "Income from House Property" (Section 22-27).
-- Income under the Head "Capital Gains" (Sections 45(1), 54 54B, 54D, 54EC, 54ED, 54F,
54G, 54GA)
-- Income under the Head "Income from Other Sources" (Section 56-59)
-- Income of other Persons included in Assessee's Total Income (Section 60-65)
-- Set off and Carry forward and Set off of Losses (Section 70-80)
-- Deductions to be made in computing Total Income (Section 80A-80GGC)
-- Rebates and Reliefs of Income Tax (Section 87-89)
-- Advance Payment of Tax (Section 207-11, 217 & 219)
UNIT-II -- Refunds (Section 237-241)
-- Income Tax Authorities and their Powers (Sections 116, 131-36)
-- Return of Income (Section 139(1) & Section 140), Return of Loss (Section 139(3)),
Belated Return (Section 139(4)), Revised Return (Section 139(5))
-- Permanent Account Number (Section 139(A))
-- Best Judgment Assessment (Section 144-145)
-- Income Escaping Assessment (Section 147-148)
-- Penalties and Prosecutions (Section 270-280)
15
-- Formulation of Principles for determining when a Sale or Purchase of goods takes place
in the course of Inter-State trade of commerce or outside a Sate or in the course of import
or export.
-- Inter-State Sales Tax.
-- Goods of special importance in Inter-State trade or commerce.
-- Liability in Special cases.
-- Authority to settle disputes in course of Inter-state trade or commerce.
SUGGESTED READINGS
1. Dr. Vinod K. Singhania : Student Guide to Income Tax.
2. Dr. Vinod K. Sanghania : Direct Taxes Law & Practice.
3. Kailash Rai : Taxation Laws.
4. Dr. Garish Ahuja : Systematic Approach to Income Tax.
5. Nani Palkivala : Income Tax.
6. V.P. Gour and D.B. Narang : Income Tax Law & Practice.
7. Narula : Taxation Law.
8. The Central Sales Tax Act, 1956.
16
Paper-III:- Company Law
UNIT-I
Corporate Personality: Definition of Company, Extent and application of Companies Act,
2013, Nature of Corporate form and advantages, Disadvantages of incorporation, Kind of
Company.
Registration and Incorporation: Formation of Company, Promoters, Certificate of
incorporation, Pre-incorporation contracts, Commencement of business.
Memorandum of Association: Contents, or Clauses of Memorandum of Association, Rule of
ultra vires.
Articles of Association: Contents, Alteration, Binding force of Memorandum and articles,
Doctrine of constructive notice and indoor management.
Prospectus: Definition, Contents, Liability for misrepresentation or untrue statement in
prospectus.
Shares: Allotment, Restriction on allotment, Share certificate, Transfer of shares, Forged
transfer, Issue of shares- on premium and discount, Call on shares, forfeiture of shares, surrender
of shares, Lien on shares, Dividend on shares.
Debentures: Meaning, Usual features, Kinds of debentures, fixed and Floating charge,
Crystallisation of floating charge, Remedies of debenture holders, Share holder compared with
debenture holder.
UNIT-II
Member: Modes of membership, who may be member, Ceaser of membership, Register of
members, Inspection and closing of register, Rectification of register, Annual returns.
Directors: Appointment, Qualification, Vacantion of office, Removal, Powers, Position and
Duties, Corporate Social Responsibility.
Meetings: Kinds, Notice, Quorum, Voting, Kinds of resolutions.
Investigation: Investigation of Companies Affairs (Section 201-229)
Prevention of oppressing and mismanagement: Majority powers and Minority rights- Rule in
Foss v. Harbottle, Prevention of oppression and mismanagement (Sections: 241-246).
Merger & Amalgamation
Winding up of Company: Modes- Winding up by Tribunal- Grounds, Who can apply,
Powers of Tribunal, Commencement of winding up, Consequences of winding up order,
dissolution of company; Voluntary Winding up- By ordinary & special resolution, Declaration of
solvency, Meeting of creditors, Appointment, powers & duties of company liquidator in
voluntary winding up,, Final meeting and dissolution.
17
SUGGESTED READINGS
1. Avtar Singh : Company Law
2. Kailash Rai : Company Law
3. S.M. Shah : Company Law
4. Dr. N.V. Paranjape
5. S.R. Myneni : Company Law
6. The Companies Act, 2013 (Bare Act)
7. A. Ramaiya Guide to the Companies Act
18
Paper-IV:- Labour and Industrial Law-II
UNIT-I
The Payment of Wages Act, 1936
-- Object and Salient Features of the Act.
-- Responsibility for payment of Wages.
-- Wage period and time of payment of wages, mode of payment.
-- Deductions which may be made from wages.
-- Contracting Out.
-- Authorities under the Act.
The Bonded Labour System (Abolition) Act, 1976
-- Aims and Objectives of the Act.
-- Constitutional and legal provisions.
-- Liability to repay bonded debt to stand extinguished.
-- Property of bonded labour to be freed from Mortagage.
-- Forced bonded labour not to be evicted from homestead.
-- Authorities for implementing the provisions of the Act.
The Minimum Wages Act, 1948
-- Object and salient features of the Act.
-- Procedure for fixing and revising minimum wages.
-- Exemption of employer from liability in certain cases.
-- Contracting Out.
The Equal Remuneration Act, 1976
-- Object and Salient features of the Act.
-- Equal Remuneration to men and women.
-- No discrimination to be made while recruiting men and women workers.
-- Advisory Committee.
19
-- Power of appropriate Government to appoint authorities for hearing and deciding claims
and complaint.
UNIT-II
-- The Employees Compensation Act, 1923
-- Object and aims of the Act.
-- Definitions
-- Employers liability for compensation.
-- Notional Extension of Empoyer's premises.
-- Review of Compensation.
-- Notice and Claims of the accident.
-- Power to require from employer statement regarding fatal accidents.
-- Reports of fatal accidents and serious bodily injuries.
-- Medical Examination and consequences of non-submission to medical examination.
-- Liability for contractor's employers.
-- Remedies of employer against stranger.
-- Attachment, assignment and charge on compensation.
-- Compensation to be first charge on assets transferred by employer.
-- Contracting Out.
-- Penalties.
The Employees State Insurance Act, 1948
-- Object and Salient features of Act.
-- Contributions.
-- Benefits.
-- Adjudication of disputes and claims.
-- Penalties.
20
SUGGESTED READINGS
Report of the National Commission on Labour (1969)
Indian Law Institute, Labour Law and Labour Relation, 1957.
G.M. Kothari : A Study of Industrial law.
S.N. Mishra : Industrial and Labour Law
V.G. Goswami : Industrial and Labour Law
S.K. Puri : Industrial and Labour Law
Chopra : Minimum Wages Act
Chopra : Payment of Wages Act
S.C. Srivastava : Workmen's Compensation Act
P.L. Malik : Employee State Insurance Act
21
Paper-V:- Option: Any one of the following
Option Paper-(a) International Organisations
UNIT-I
Definition and types of International Organisations. Historical Evolution of International
Organizations.
Nature and Classification of Organisations, United Nations Principles and Practices and its
structural components.
Aims and Objectives of Regional Organisations: North Atlantic Treaty Organisations (NATO);
The European Union; Organisations of African Unity; the Arab League; ASEAN and SAARC.
UNIT-II
Aims and Objectives of the following International Organisations: WTO, ILO, International
Court of Justice, International Centre for Settlement of Investment Disputes, International non
Governmental Organisations (Amnesty International).
International Personality and legal status of International Organisations.
Privilege & Immunities attached to the Organisations & to its personnel.
Responsibility of the International Organisation. Dissolution of International Organisations and
Problems of Succession.
SUGGESTED READINGS
D.W. Bewett : The Law of International Institutions.
Potner Pitman : Introduction to the Study of International
Organisations.
Stephen S. Goodspeed : Nature and Functions of International
Organisations.
Malcolin Shaw : International Law
22
Option Paper-(b) Gender Justice
UNIT-I
The Concept of Gender- the Biological Distinction
-- Constitutional Safeguards and Role of Judiciary.
-- Convention on Elimination of All Forms of Discrimination Against Women.
-- Preventing Domestic Violence
Gender Justice and Personal Laws
-- Adoption and Guardianship Rights.
-- Property and Inheritance Rights.
-- Rights of Maintenance.
-- Uniform Civil Code towards Gender Justice.
UNIT-II
Gender Related Crimes
-- Sati.
-- Prostitution and Trafficking Against Women.
-- Sexual harassment of Women.
Gender Justice Issues
-- Women Empowerment and Governance.
-- Equal opportunity in Employment, Maternity Benefit and Equal Remuneration.
-- Female Foeticide and Law.
-- Surrogacy.
23
SUGGESTED READINGS
1. Aggarwal, Bina Patriarchy and the Modernizing State:An introduction, in Aggarwal
Bina(ed.) Structures of Patriarchy, Kali for Women, New Delhi, 1988.
2. Julia Cleves Mosse, half the World, half a Chance: An Introduction to Gender
Development, What is Gender? Oxford, UK 1993.
3. Myneni, S.R. Women and Law, Asia Law House, Hyderabad, 2005.
4. Merry, Sally Engle, Human Rights and Gender Violence Translating International Law
into Local Justice, Oxford University Press, New Delhi, 2009.
5. Tripathi, S.C., Law Relating to Women and Children, Central Law Publication
Allahabad, 2008.
6. Chakrabarti, N.K., Gender Justice, R. Cambray and Company, Kolkata, 2007
Towards Equality- Report of the Committee on the Status of Women (Govt. of India).
7. Nijjar, M.S and Manpreet Kaur- Law Relating to Property Rights of Hindu Women.
8. Mamta Rao- Law relating to Women and Children.
9. Monica Chawla - Gender Justice- Law Relating to Women in India
24
Option Paper-(c) Media and Law
UNIT-I
-- Freedom of Expression in Indian Constitution.
-- Media Freedom and Right of Privacy.
-- Right to Information and Right to Know.
-- Role of Judiciary on Media and Free Expression.
-- Media and Criminal Law (Defamation, Obscenity, Sedition).
-- Media and Tort Law (Defamation and Negligence).
-- Media and Official Secrets Act.
UNIT-II
-- Media and Contempt of Court.
-- Pre- Censorship & Censorship
-- Cable T.V Networks (Regulation) Act, 2011.
-- Working Journalist Act, 1955.
-- Concept of Advertisement.
-- Advertisement and Ethics.
-- Advertisement Act, 1954.
-- The Press Council Act, 1978.
SUGESSTED READINGS
1. M.P. Jain, Constitutional Law of India.
2. Rajeev Dhavan, On the Law of the Press in India.
3. D.D. Basu, The Law of Press of India.
4. Soli Sorabjee, Law of Press Censorship in India.
5. Indian Penal Code, 1860.
6. Law of Torts- R.K. Bangia
7. Media and Law- Sridhar
25
8. Advertisement Act, 1954.
9. The Press Council Act, 1978.
10. Cable T.V Networks (Regulations) Act, 1995.
11. Working Journalist Act, 1955.
SYLLABUS
BACHELOR OF LAWS PART-III
(5YEAR COURSE) (FIFTH AND SIXTH SEMESETERS)
FOR 2016-17, 2017-18 AND 2018-19 SESSIONS
SCHEME OF STUDIES
FIFTH SEMESTER
Paper
Subject Univ.
Exam.
Internal*
Assessment
Max.
Marks
I Legal History 74 26 100
II Environment Law 74 26 100
III Law of Property 74 26 100
IV Labour and Industrial
Law-I
74 26 100
V Administrative Law 74 26 100
Total 370 130 500
SIXTH SEMESTER
Paper Subject Univ.
Exam.
Internal*
Assessment
Max.
Marks
I Jurisprudence 74 26 100
II Principles of Taxation 74 26 100
III Company Law 74 26 100
IV Labour and Industrial
Law-II
74 26 100
V Option:Any one of the
following:
(a)International
Organisations
(b)Gender Justice
(c) Media and Law
74 26 100
Total 370 130 500
PUNJABI UNIVERSITY, PATIALA
SYLLABUS
BACHELOR OF LAWS PART-IV (SEVENTH & EIGHTH SEMESTER)
(FIVE YEARS COURSE)
FOR 2017-18, 2018-19 & 2019-20 SESSIONS
SCHEME OF STUDIES
SEVENTH SEMESTER
Univ.
Exam
Int.
Exam
Max.
Marks
Paper-I Law of Evidence 74 26 100
Paper-II Land Laws including Tenure & Tenancy System 74 26 100
Paper-III Law of Crimes - I (Penal Code) 74 26 100
Paper-IV Moot Court Participation and Seminar-I - - 100*
Paper: V
Any one of the following :
a) Law Relating to Information Technology and
Right to Information
b) Banking Law
c) Health Law
74 26 100
Total
296 104 500
EIGHTH SEMESTER
Univ.
Exam
Int.
Exam
Max.
Marks
Paper-I Drafting, Pleading and Conveyancing 74 26 100
Paper-II Professional Ethics and Professional Accounting
System
74 26 100
Paper-III Law of Crimes-II (Criminal Procedure) 74 26 100
Paper-IV Moot Court Participation and Seminar-II - - 100*
Paper: V
Any one of the following :
(a) Insurance Law
(b) Financial Marketing Regulation
(c) Law on Education
74 26 100
Total
296 104 500
* For Paper- IV : Moot Court Participation and Seminar-I &
Moot Court Participation and Seminar-II are of 100 marks i.e. Moot Courts (Every Student will give presentation at two moot
courts with 30 marks each) = 60 marks
Court Visit = 20 marks Seminar = 20 marks
--------------
100 marks -------------
GENERAL INSTRUCTIONS FOR THE PAPER-SETTERS
FOR ALL THE PAPERS
1. The maximum marks for each paper are 74 and the time allowed is 3 hours.
For Paper-IV (Moot Court Participation and Seminar-I &
Moot Court Participation and Seminar-II) are of 100 marks i.e.
Moot Courts (Every Student will give presentation at two moot
courts with 30 marks each) = 60 marks
Court Visit = 20 marks
Seminar = 20 marks
--------------
100 marks
-------------
2. The minimum number of marks required to pass each paper shall be 45% in University
Examination and 45% in University Examination and Internal Assessment taken together.
3. The question paper will consist of three Units : I, II and III. Unit I and II will have four questions
from the respective Units of the syllabus and will carry 11 marks each. Unit III will consist of 10
short answer type questions, which will cover the entire syllabus uniformly and will carry 30
marks in all.
4. Internal exams marks for each paper are 26 which includes 05 marks of Attendance, 11 marks of
Written Assignment/ Project Work etc. and 10 marks for Two Mid-Semester Tests/ Internal
Examination.
2
B.A.LL.B. Part- IV (Seventh Semester)
Paper I : Law of Evidence
Unit - I
- Definitions and Relevancy of Facts Ss 1-16
- Admissions and Confessions Ss 17-31
- Statements by Persons who cannot be called as witnesses Ss 32-33
- Statements made under special Circumstances Ss 34-38
- How much of a statement is to be proved S- 39
- Judgement of Courts of Justice when relevent Ss 40-44
- Opinions of Third Persons when relevant Ss 45-51
- Character when relevant Ss 52-55
- Facts which need not be proved Ss 55-58
- Of Oral Evidence Ss 59-60
- Of Documentary Evidence Ss 61-90
Unit - II
- Of the Exclusion of Oral by Documentary Evidence Ss 91-100
- Of the Burden of Proof Ss 101-114-A
- Estoppel Ss 115-117
- Of Witnesses Ss 118-134
- Of the Examination of Witnesses Ss 135-166
- Of Improper Admission and Rejection of Evidence S- 167
Suggested Readings:
Rattan Lal and Dhiraj Lal : The Law of Evidence
S.R Myneni : Law of Evidence
Batuk Lal : Law of Evidence
Avtar Singh : Law of Evidence
Munirs : Law of Evidence
Paper II : Land Laws including Tenure & Tenancy System
Unit – I
Punjab Land Revenue Act, 1887
Definition of Key words
Revenue officers and their powers
Revenue Records
Assessment of land revenue
Collection of land revenue
Partition
Jurisdiction of civil courts under Land Revenue Law 1
Punjab Tenancy Act, 1887 & Punjab Security of Land Tenures Act, 1953
Definition of key words
Classes of tenants
Law of rent
Law of ejectment of tenant
Relief for wrongful dispossession of tenant
Improvements and compensation
Evaluation of Tenancy Laws
Unit - II
Punjab Land Reforms Act, 1972
Principles of economic and social justice and land reforms
Definition of key words
Permissible area
Determination of permissible and surplus area
Utilization of surplus area
Lands exempted from ceiling
Evaluation of Land Reform in Punjab
The Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013
Definition of Key Words
Determination of Social Impact and Public Purpose
Notification and Acquisition
Rehabilitation, Resettlement Award, procedure and Manner
National Monitoring Committee and Establishment of Land
Acquisition, Rehabilitation and Resettlement Authority
Apportionment of Compensation and Payment
Offences and Penalities
Suggested Readings:
1. Neety Kaul : Land Laws in Punjab and Haryana
2. Khurana’s : A treatise on Land Laws in Punjab
3. G.S. Nagra : Punjab Land Record Manual
4. O.P. Aggarwal : Punjab Land Revenue Act
5. Jain & Jain : Punjab Land Revenue Act
6. O.P. Aggarwal : Punjab Tenancy Act
7. K.B. Jain : Punjab Security of Land Tenures Act
8. P.C. Joshi : Land Reforms in India Trends and Perspectives
9. P.S. Appu : Ceiling on Agricultural Holdings
10. A.B. Puranik : Law of Land Acquisition and Compensation
Punjab Land Reforms Act, 1972
The Right to fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013
2
Paper III : Law of Crimes - I (Penal Code)
Unit - I
- Group liability on the basis of common intention
- Unlawful Assembly
- Liability of a member of unlawful assembly
- Abetment
- Criminal Conspiracy
- Stages in the commission of crime
- Criminal liability of Companies
- Types of Punishment under the Indian Penal Code
- Right of private defence
- Insanity as a defence to criminal liability
- Offences against morality (Sections 292-294 I.P.C)
- Culpable homicide and Murder
- Death by rash or negligent act
- Simple and grievous hurt
Unit - II
- Criminal force and Assault
- Kidnapping and Abduction
- Outraging the modesty of a woman
- Sexual Offences
- Bigamy
- Adultery
- Dowry death
- Cruelty by husband or relative of husband
- Theft, Extortion, Robbery and Dacoity
- Criminal misappropriation of property and Criminal breach of trust
- Sedition
- Defamation
Suggested Readings:
1. Rattanlal and Dhirajlal : Law of Crimes
2. H.S.Gaur : Penal Law of India
3. P.S.A. Pillai : Criminal Law
4. T.Bhattacharya : Indian Penal Code
3
Paper IV : Moot Court Participation and Seminar-I
Students would be attending Lok Adalats organised by the District Courts as well as
would be encouraged to undertake various Legal Aid Campus.
Distribution of Marks is as under:
1. Moot Courts: Every student will give presentation at two Moot 60 Marks
Courts with 30 marks each
2. Seminar 20 Marks
3. Court Visits 20 Marks
Total 100 Marks
(The students will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment).
Paper - V Option (a) : Law Relating to Information Technology and Right to
Information
Unit-I
- Need, Aims, Objectives and Application of Information Technology Act, 2000
- Definitions : Computer, Computer Network, Computer Resource, Computer
System, e-record, Information, Asymmetric crypto system
- Legal Recognition of Electronic Documents
- Legal Recognition of Digital Signatures
- E-Governance
- Attribution, Acknowledgement and Dispatch of e-record
- Regulation of Certifying Authorities
- Duties of Subscriber
- Offences, Contraventions and Extra Territorial Jurisdiction
- Penalties and Adjudication
- Service Providers and their exemption from liability
- Investigation and procedure of search and seizure
- Grey areas of IT Act, 2000
Unit-II
- Historical Background of Right to Information : Colonial and Post Independent
Secnario, British and American experiences
- Significance of Right to Information in Democracy
- Constitutional basis of RTI with special reference to Art. 19 and 21 of the
Constitution of India
- Supreme Court on Right to Information
- Reasons, Aims, Objectives and Application of Right to Information Act, 2005
- Definitions, Right to Information and obligations of Public Authorities
- Central Information Commission, State Information Commission 4
- Powers and Functions of Information Commissions
- Appeals and Penalties
- Miscellaneous Provisions
Suggested Readings:
1. Information Technology Act, 2000, Universal Publishing Co. Pvt. Ltd. (2009)
2. Dr. Farooq Ahmed, Cyber Law in India, New Era Law Publisher, 3rd Edition,
(2008)
3. D.P. Mital, Law of Information Tech. (Cyber Law), Taxmann, 2000
4. J.H. Barowalia : Commentary on the Right to Information Act, Universal Law
Publications
5. Nandan Kamath, A Guide to Cyber Laws and IT Act, 2000 with Rules and
Notifications, Universal Law Publisher, 3rd Edition, (2007)
6. Parag Diwan & Shammi Kapoor, Cyber and E-commerce Law, 2nd Edition,
Bharat Publisher, (2000)
7. Vakul Sharma, Information Technology : Law & Practice, Universal Law
Publisher, 2nd Edition, (2007)
Yatinder Singh : Cyber Laws
Paper-V - Option (b) - Banking Law
Unit-I
Development of Banking
Definition and functions of Bank
The Banker, The Customer, General relationship between Banker and Customer,
Special relationship as Debtor and Creditor, Special relationship of a bailee and a
bailer, Special relationship as an agent and principal, Special relationship as a Trustee.
Obligation to maintain Secrecy of the Account, Garnishee order, Non-Compliance of
Garnishee order, Attachment order of Income Tax Authorities, Effect of attachment
order, Rights of Banker - Right of General lien, Particular lien, Right to set-off, Right
of Appropriation, Right to charge Interest, Commission etc.
Unit-II
Negotiable Instruments -
Definition, Characteristics & kinds of a Negotiable instrument, Cheque -
Definition, Essentials, Obligation of Banker to honour the Cheque, Crossing of
cheque, Kinds of Crossing, Dishonour of cheque, Consequences of wrongful
dishonour, Complaint for dishonour of cheque, Procedure for filing complaint and
liability for dishonour of cheque. Difference between Holder & Holder in due course,
Kinds of Endorsement.
Special Customers of a Bank -
The Minor, The Lunatic - The Drunkard - The married women - The Pardanasheen
women, The illiterate Persons, Joint Account Holder, Joint Hindu Family, Partnership
Firm, Salient features of Reserve Bank of India Act, 1934.
5
Suggested Readings :
1. Dr.Verma and Agarwal : Banking Law and Practice
2. Avtar Singh : Negotiable Instruments Acts
3. Negotiable Instuments Act, 1881
4. Reserve Bank of India Act, 1934.
Paper V option (c) : Health Law
Unit-I
Right to Health and Indian Constitution
National Health Policy
Legal aspect of Private medical practice
The Mental Health Act, 1987: Mental Health Authorities, Admission and detention in
psychiatric, Hospitals or Psychiatric Nursing Homes, Protection of Human Rights of
Mentally ill persons.
Medical Termination of Pregnancy Act, 1971
UNIT-II
The Transplantation of Human Organs Act, 1994: Authority for the Removal of
Human organs, Removal of organs in case of unclaimed bodies in hospital or prison,
Restrictions on removal of Human organs, Offences and Penalties
Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
Medical Negligence and Malpractices
Health Insurance in India
Role of Law in prevention of AIDS
Duties of Hospitals regarding Medico-legal cases
Prescribed Books /Act
The Medical Termination of Pregnancy Act, 1971
The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
1994
The Mental Health Act, 1987
The Transplantation of Human Organs Act, 1994
The Consumer Protection Act, 1986
Nandita Adhikari- Law and Medicine
R.M Jhala & K. Kumar (rev), Jhala & Raju’s Medical jurisprudence, (1997)
6
B.A.LL.B. Part- IV (Eighth Semester)
Paper -I : Drafting, Pleading and Conveyancing
Unit-I
- Meaning, Scope and Object of Pleadings
- Plaint and written statement
- Fundamental rules of Pleadings
- Place of Suing
- Frame of suits and its essentials
- Parties to suit
- Plaint in suit for injunction
- Plaint in suit for specific performance
- Plaint in suit for breach of contract
- Plaint in suit for accounts by the Principal against the agent
- Suit for partition and possession
- Suit for damages for malicious prosecution
- Application for eviction of tenant under the East Punjab Rent Restriction Act,
1949
- Application to set aside exparte decree
- Application for appointment of guardian of a minor
- Written Statements
Unit-II
- Petition for Dissolution of Marriage under Section 13 of the Hindu Marriage Act,
1955
- Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage
Act, 1955
- Petition for Decree of Nullity of Marriage under Section 11 & 12 of the Hindu
Marriage Act, 1955
- Petition for Judicial Separation under Section 10 of the Hindu Marriage Act,1955
- Complaint for Maintenance of Peace and Order under Section 107 of the Code of
Criminal Procedure, 1973
- Complaint for Public Nuisance
- Complaint for defamation
- Application for Maintenance under Section 125 of the Code of Criminal Procedure,
1973
- Application for Bail
- Application for Anticipatory Bail
- Meaning, Object and Functions of Conveyancing
- Components of deeds
- Agreement to sell property
- Sale Deed
- Gift Deed 7
- Mortgage Deed
- Lease Deed
- Deed of Exchange
- Will
- Power of Attorney
- Notice
Suggested Readings
Mogha : Pleadings
Mogha : Conveyancing
A.N. Chaturvedi : Pleadings & Conveyancing
Bindra N.S. : Pleading & Practice
Paper - II : Professional Ethics and Professional Accounting System
Unit-I
Historical Introduction to Legal Profesion in India : Development of Legal
Profession in India
Privileges and Rights of Legal Profession, Importance, Distinction from other
Professions and Business.
Admission and Enrolment of Advocates, Privileges and Rights to practice of Advocate
Composition of State Bar Council and its Powers and Functions. Constitution of
Disciplinary Committee, Powers, Receipt of Complaint, Disposal and Punishment.
Bar Council of India : Composition, Functions and Powers of Bar Council of India
Conducts of Advocates : Meaning and Scope of Professional and Other Misconducts
Constitution and powers of Disciplinary Committee
Punishment of Advocate for misconduct
Disciplinary powers of Bar Council of India
Disposal of disciplinary proceedings
Powers of Review, Revision and Appeal
Right to Appeal to the Supreme Court
Unit-II
Professional Ethics of Lawyers
Duties of Advocates, Duty to Public and State
Duties towards Courts
Duties towards Clients
Duties to render Legal Aid
Duties towards Opponent, Colleagues and other Residual Duties
Conflicts between interest and duty
Bench-Bar Relationship and Lawyers' Strike
The Contempt of Courts Act, 1971 : Meaning of Contempt, Categories of Contempt,
Constitutional Validity of the Contempt of Courts Act, 1971 8
Constitutional Provisions Regarding Powers of the Supreme Court and the High
Courts Houses of Parliament of State Legislatives for Punishing for their Contents
Nature, Scope and Salient features of the Legal Service Authorities Act, 1987.
Suggested Readings
A.N. Chaturvedi : Pleading and Conveyancing with Advocacy and Professional
Ethics
Bare Act of Advocates Act, 1961 & Bar Council of India Rules
14th Law Commission of India
Dr. Ravi Karan Singh : Dispensation of Justice - Role and Accountability of Judges
and Advocates, Deep & Deep, 2004.
Paper-III : Law of Crimes-II (Criminal Procedure)
Unit - I
Definitions Bailable Offence, Non-Bailable Offence, cognizable
offence and non-cognizable offence, complaint, Police Report,
Inquiry, investigation, Judicial Proceeding, Summons Case and
Warrant Case.
Classes and Powers of Criminal Court.
Arrest of Persons with and without warrant.
Process to comply Appearance - (a) Summons, (b) Warrant of arrest
(c) Proclamation and Attachment.
Process to comply production of thing - Summons to produce, Search
Warrants, General Provisions Relating Searches, Powers of Police officer
to seize certain Property.
Information to the Police and their Power to investigate (154-176)
Conditions requisite for initiations of proceedings (190-199)
Complaints to Magistrate (200-203)
Commencement of Proceedings before Magistrates (204-210)
Jurisdiction of the Criminal Courts in Inquiries and Trials (177-189)
Unit - II
The Charge (211-224)
Procedure for trial (225-265)
- Trial before court of session
- Trial of warrant cases
- Trial of summon cases
- Summary Trial
Pardon to accomplice
Provisions as to bail and Bonds (436-450)
Confirmation and Execution of Death Sentence
Suspension, Remission and commutation of sentences
Inherent Powers of the High Courts 9
Appeal, Reference and Revision
Time Limitation for taking cognizance
Rights of the Accused and Principles of fair trial.
Suggested Readings:
1. Rattan Lal & Dhiraj Lal : Criminal Procedure Code 1973
2. R.V. Kelkar : Outlines of Criminal Procedure
3. M.P. Tandon : Criminal Procedure Code, 1973.
Paper-IV : Moot Court Participation and Seminar-II
Students would be attending Lok Adalats organised by the District Courts as well as
would be encouraged to undertake various Legal Aid Campus.
Distribution of Marks is as under:
1. Moot Courts: Every student will give presentation at two Moot 60 Marks
Courts with 30 marks each
2. Seminar 20 Marks
3. Court Visits 20 Marks
Total 100 Marks
(The students will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment).
Paper-V - Option (a) - Insurance Law
Unit-I
Meaning of Insurance
Definition of Insurance
Nature of Insurance
Functions of Insurance
Types of Insurance
Evolution of Insurance
Life Insurance
Definition of a Contract of Life Insurance
Difference between Life Insurance and other forms of Insurance
Insurable Interest, Presumption of insurable interest, Presumption of insurable interest,
Procedure for effecting a Life Policy, Kinds of Life insurance policies, Assignment of
Life Policies, Nomination by the Policy Holder, Effect of Suicide, Settlement of
Claims.
10
Unit-II
Fire Insurance
Definition of a Contract of Fire Insurance
Characteristics, What is 'Fire' and 'Loss or Damage by Fire' ?
Procedure for effecting Fire Insurance
Types of Fire Policies,
Assignment of Fire Insurance Policies,
Fire Insurance Claim
Marine Insurance
Definition of a Contract of Marine Insurance
Subject matter of a Contract of Marine Insurance, Maritime Derils,
Characteristics of Marine Insurance Contracts, Kinds of Marine Policies, Insurable
Interest, Warranties in a Contract of Marine Insurance, Kinds of Warranties, Marine
Losses, Kinds of Losses, Rights of Insurer on Payment.
Suggested Readings:
1. The Insurance Act, 1938
2. The Life Insurance Corporation Act, 1956
3. The Marine Insurance Act, 1963
4. The General Insurance Business (Nationalisation) Act, 1972
5. Avtar Singh, Mercantile Law
6. R.K. Bangia, Mercantile Law
Paper-V - Option (b) - Financial Marketing Regulation
Unit-I
An overview of Financial System
- Constituents of Financial system
- Significance of Financial system
- Development and Growth of Financial and Market in India
- Regulatory Authorities Governing Financial Market
SEBI (Securities Exchange Board of India)
- Role and Powers
- Depositories Act, 1996; Right and Obligations of Depositories, Participants,
Issuers and Beneficial Owners
Stock Exchange
- Stock Exchange, Functions and significance of Stock Exchange
- Operations of Stock Exchange
- Listing of Securities
Unit-II
Capital Market and Money Market
- Meaning & Significance
- Capital Market Instruments
- Money Market Instruments
- Capital Market vis-à-vis Money Market 11
- Formation and Regulation of NBFCs.
- Competition Act, 2002: Aims, Objectives, Prohibition of Certain Agreements,
Abuse of Dominant Position and Regulation of Combinations and Penalities.
- FEMA(Foreign Exchange Management Act): Aims, Objectives, Definitions,
Regulations regarding Foreign Currency, Offences and Penalities.
Suggested Readings:
1. E. Gordon & H. Natarajan, Capital Market in India; Himalaya publishing House,
Ramdoot, Dr. Bhalerao Marg, Girgaon, Mumbai- 400004
2. V.L. Lyer, SEBI practice Manual; Taxman allied Service (P) Ltd; 59/32, New
Rohtak Road, New Delhi- 110005
3. M.Y. Khan, Indian Financial Systems; Tata Mcgraw Hill, 4/21, Asaf Ali Road,
New Delhi-1100102
4. SEBI Manual, Taxman
5. A.K. Senguma & A,K, Agarwal, Money Market Operations in India: Skylark
6. SEBI Annual Reports
7. SEBI Monthly Bulletin
8. Bharat V. Pathak,” Indian Financial System”, Pearson Education, 3rd Edition
Paper-V - Option (c) – Law on Education
Unit-I
- International Human Rights Documents on Education
- GATTS And Education
- Globalization and Privatization in Education
- University Education Commission (1948-49):- Aims and general
recommendations
- Secondary Education (Mudaliar) Commission (1952-53):- Aims and general
recommendations
- Indian Education (Kothari) Commission (1964-66)(Kothari Commission):-
Aims and general recommendations
- National Policy on Education, 1968
UNIT-II
- University Grant Commission Act 1956:- Aims and objectives of the Act,
Composition, Powers and functions of the Commission
- National Policy on Education, 1986:- Aims and general recommendations
- Revised Policy on Education, 1992 and Programme of Action (POA)
- National Knowledge Commission
- Legal education in India: Aims, New Scheme, Future of Legal education,
Recent Developments.
- Judicial Activism and Right to Education in India 12
- Constitutional Provisions on Education in India: Article 45, 86th Constitutional
Amendment: Article 21-A, Article 51-A (K)
- The Right of Children to Free and Compulsory Education Act, 2009:
Objectives; Definitions; Right to Free and Compulsory Education; Duties of
Appropriate Government, Local authority and Parents; Responsibilities of
Schools and Teachers; Curriculum and Completion of Elementary education;
Protection of Right of Children; Miscellaneous.
Suggested Readings:
Govt. of India : Radha Krishan Commission Report.
Govt. of India : Secondary Education Commission Report
Govt. of India : Kothari Education Commission Report
Govt. of India : Programme of Action- National Policy of
Education, Ministry of HRD, New Delhi.
University Grant Commission Act 1956
V.D Kulshreshtha : Landmarks in India Legal and Constitutional
History
Walia, J.S : Modern Indian Education and its Problems, Vivek
Publishers, Ambala, 1981.
Rajan, Raj Kumar : Development of Educational System in India
Khanna, Manoj Kumar Sharma
Narula, S & Naik : A History of Education in India: McMillan
The Right of Children to Free and Compulsory Education Act, 2009 : Bare Act
The Constitution of India : Bare Act
47
SYLLABUS
BACHELOR OF LAW PART-V
(5 YEAR COURSE) (NINTH AND TENTH SEMESTER)
FOR 2018-19 SESSIONS
SCHEME OF STUDIES
NINTH SEMESTER
Paper-I : Civil Procedure Code and Limitation Act
Paper-II : Alternative Dispute Resolution and Legal Aid
Paper-III : Moot Court exercise and Internship*
Paper-IV : Option: Any one of the following:
(a) Criminology, Penology and Victimology
(b) Intellectual Property Law
(c) Probation, Parole and Prison Administration
Paper-V : Option: Any one of the following:
(a) Private International Law
(b) Human Rights Law and Practice
(c) Offences against Child and Juvenile Offence
TENTH SEMESTER
Paper-I : Clinical Legal Education and Internship
Paper-II : Law of Registration, Specific Relief and Court Fee
Paper-III : Option: Any one of the following:
(a) Law on Infrastructure Development
(b) Law of Equity, Trust and Religious Endowments
(c) Forensic Science and Law
Paper-IV : Option: Any one of the following:
(a) Interpretation of Statutes
(b) Competition Law
(c) White Collar Crime
Paper-V : Option: Any one of the following:
(a) Local Law
(b) Co-operative Law
(c) Direct Taxation
* Paper-III: Moot Court Exercise and Internship are of 100 marks i.e.
1. Moot Courts (Every student will give presentation at two moot 50 Marks
courts with 25 marks each)
2. Project Report (Written Assignment and Presentation with
15 marks each) 30 Marks
3. Court Visits 20 Marks
Total 100 Marks
GENERAL INSTRUCTIONS FOR THE PAPER-SETTERS
FOR ALL THE PAPERS
48
1. The maximum marks for papers I, II, V are 100 and the time allowed is 3 hours and for
Paper-III: Moot Court Exercise and Internship are of 100 marks i.e. Moot Courts (Every student will give presentation at two moot 50 Marks
courts with 25 marks each)
Project Report (Written Assignment and Presentation with
15 marks each) 30 Marks
Court Visits 20 Marks
Total 100 Marks
2. The minimum number of marks required to pass each paper shall be 45% .
3. The question paper will consist of five Units : I, II, III , IV and V. Units I ,II, III
and IV will have two questions from the respective Units of the syllabus and will
carry 15 marks each. Unit V will consist of 10 short-answer type questions which
will cover the entire syllabus uniformly and will carry 40 marks in all.
INSTRUCTIONS FOR THE CANDIDATES
Candidates are required to attempt one question each from the Units I, II, III
and IV and the entire Unit V of the question paper.
(Ninth Semester)
Paper I : Civil Procedure Code and Limitation Act
Unit - I
Substantive and Procedural Law, Nature of Code of Civil Procedure and its scheme,
Meaning of Suit and its essentials ; jurisdiction of Courts to try suit of a civil nature unless
barred ; objections to jurisdiction.
General Conditions of Res Judicata, Matters directly and substantially in issue,
Constructive Res Judicata, Res Judicata and Res Subjudice, Res Judicata and Estoppel,
Res Judicata between co-defendants and co-plaintiffs.
Conclusiveness of Foreign Judgment, its enforcement and execution, Place of suing,
Representative suit, Split of cause of action and Res Judicata.
Issue and service of Summons to defendants, summons to witnesses, dismissal of suit for
default, Exparte proceedings, setting aside exparte decree, difference between Decree and
Order.
49
Unit – II
Suit by or against Government or Public Officer, Interpleader Suit, Suit by an Indigent
person, Special case, suit relating to public nuisance and public charities, abatement and
its effect ; suit by or against minors and persons of unsound mind, compromise by next
friend or guardian.
Nature of right of appeal, difference between appeal, reference and Review
Concept of Execution, Who may apply for execution and against whom execution may be
sought; Definition of court which passed a decree, transfer of decree for execution
(Section 36-42 & Order XXI)
Precept (Section 46) ; Scope of Section 47 ; Execution against transferees and legal
representatives (Sections 49-50) ; Stay of execution (Order XXI, rules 26-29)
Unit – III
Modes of execution (Sections 51-54) ; Arrest and Detention (Sections 55-59, Order XXI,
rules 37-40)
Attachment of Property in execution of a decree; non-attachment property; transfer of
property and attachment (Sections 60-64); Objections to attachment (Order XXI, rules 58-
59)
General procedure for sale of attached property (Order XXI rules 64-69); who cannot bid
at sale (Order XXI rules 72, 72A, 73); Sale and resale of immovable property in execution
(order XXI, rules 82-87)
Setting aside and confirmation of execution of sale (Order XXI 89-94); Rateable
distribution of Assets (Section-73); Resistance to delivery possession in execution and
remedies (Section 74, order XXI, rules 97-106)
Unit-IV
The Limitation Act
Definitions
Limitation of Suits, Appeal and Applications
Computation of Period of Limitation
Acquisition of Ownership by Possession
Suggested Readings
Mulla : Code of Civil Procedure
A.N. Saha : Code of Civil Procedure
Mitra : Law of Limitations
Avtar Singh : Limitation Act
Justice P.S. Narayana : Code of Civil Procedure (2nd Edn.)
50
Paper - II : Alternative Disputes Resolution & Legal Aid
Unit-I
The Arbitration and Conciliation Act, 1996
- Definitions
- Form of Arbitration Agreement
- Constituents of Arbitration Agreement
- Composition of Arbitral Tribunal
- Removal of arbitrator
- Termination of Mandate and substitution of Arbitration
- Setting aside of arbitral award
- Enforcement of award
Unit-II
The Arbitration and Conciliation Act, 1996
- Scope of Conciliation
- Appointment of Conciliators
- Role of Concilator
- Settlement agreement
- Status and effect of settlement agreement
- Confidentiality
- Termination of Conciliation proceedings
- Resort to arbitral or Judicial proceedings
- Difference between Conciliation and Mediation
- Distinction between Meditation and Arbitration
Unit-III
Alternative Means of Settlement of Disputes
- Merits of ADR
- Demerits of ADR
- Negotiation
- Essential Ingredients of Negotiation
- Sources of Negotiation
- Kinds of approaches to negotiation
- Obstructions to Negotiation
Unit-IV
Lok- Adalats & Legal Aid
51
- Concept of Lok-Adalat
- Establishment of Lok-Adalats
- Jurisdiction of Lok-Adalats
- Powers of the Lok-Adalats
- Award of the Lok-Adalats
- Legal Aid under Constitution of India, 1950
- Free Legal Services under the Legal Services Authorities Act, 1987
Books Recommended:
Dr. Avtar Singh, Law of Arbitration & Conciliation
S.C. Tripathi, Arbitration and Conciliation Act, 1996
Dr. N.V. Paranjape, Arbitration & Alternative Dispute Resolution
Dr. S.S. Mishra, Law of Arbitration & Conciliation in India
N.V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-
Legal Services
S.S. Mishra, Legal Services, Public Interest Litigation and Para-Legal Services
- The Arbitration & Conciliation Act, 1996 (Bare Act)
- The Legal Services Authorities Act, 1987 (Bare Act)
Dr. Anupam Kulwal, An Introduction to ADR - A text book for Indian Law Students,
Centre Law Publication (2011).
Paper-III : Moot-Court Exercise and Internship
52
This paper consists entirely of Practical Work in which each student is to participate
in two Moot Courts apart from Project Report and Court visits. For this paper, the
students would be evaluated by internal teachers.
However, on these students would be given assignments / attending Lok Adalats
organised by the District Courts as well as would be encouraged to undertake various
Legal Aid Campus.
Distribution of Marks is as under:
1. Moot Courts (Every student will give presentation at two moot 50 Marks
courts with 25 marks each)
2. Project Report (Written Assignment and Presentation with
15 marks each) 30 Marks
3. Court Visits 20 Marks
Total 100 Marks
(The students will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment).
Option: Any one of the following:
Paper-IV Option (a) : Criminology, Penology & Victimology
Unit-I
Meaning, Nature, Scope and Objectives of Criminology, its relationship with
criminal law and other social sciences.
Schools of Criminology: Pre-classical school, Classical School, Neo-Classical
School, Positive School, Clinical School, Sociological School
Crime Causation: Physiological, Physiological and Sociological, Economic, Mental,
Family and Mass Media
Unit-II
Penology: Meaning, Definition and Scope
Concept and Necessity of Punishment
53
Theories of Punishment: Retributive theory, Deterrent theory, Preventive and
Reformative theory
Capital Punishment - constitutionality of capital punishment, judicial approach
towards death penalty.
Unit-III
Meaning & Scope of Victimology
Types of Victims of Crime
Rights of the Victims of Crime
Provisions regarding Compensation to the Victims of Crime under Code of
Criminal Procedure and Indian Penal Code
Unit-IV
Compensation under Probation of Offences Act.
Compensation to Victim under Motor Vehicle Act
Common Law regarding Compensation in Tort and Civil Law
Judicial trends in Compensatory Jurisprudence
Recommendations of Justice Malimath Committee with respect to compensation to
victims of Crime.
Suggested Readings
1. Sutherland E. & Cressy : Principles of Criminology
2. Siddique, A. : Criminology : Problems & Perspectives
3. Paranjape, N.V. : Criminology and Penology
4. Sirohi, J.P.S. : Criminology & Penology
Paper - IV Option (b) : Intellectual Property Law
Unit-I
Concept and Nature of Intellectual Property :-
Meaning, main forms of Intellectual Property
System of Intellectual Property Rights, Competing rationale of the legal regimes for the
protection of rights in Intellectual Property
Forms of Industrial property, Protection for Investigations ; Patents, Inventor's
certificates, utility models ; criteria for patenting, rational behind grant of patents.
Unit-II
Leading International Instruments concerning Intellectual Property Rights
The Paris Convention for the Protection of Industrial Property: Its establishment, concept
of Paris Union, Minimum Standards of Patent Protection under the Convention;
Initiatives towards revision of the Paris Convention
The World Intellectual Property Organisation (WIPO)
54
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) : Its aim,
provisions on patents and their incompatability with the Indian Patents Act, 1970
Unit-III
Select Aspects of the Law of Patents in India :-
Concept of Patent, object of patent grant system, International character of patents,
historical overview of the patents law in India.
Salient features of the Patents Act, 1970
Patentable and non-patentable Inventions
Duration of the Patent Grant
Unit-IV
Law of Patents in India :-
Process of obtaining a patent, powers of controller of patents
Grounds of opposition to grant of patent
Rights and obligations of a patentee
Compulsory licences, licences of right and Revocation of Patents Infringement of Patents
and Reliefs.
Suggested Readings
1. Anderfelt, UIF : International Patent Legislation & Developing
Countries
2. Carnish W.R. : Intellectual Property
3. Sangal, P.S. & Kishore : Indian Patent System and Paris Convention :
Legal Perspectives
4. Naranyanan, P. : Intellectual Property Law
5. Narayanan, P. : Patent Law
6. Georgious I Zekos : Intellectual Property Rights & Cyber Space.
55
Paper - IV Option (c) : Probation, Parole and Prison Administration
UNIT-I
Origin and Growth of Prisons
Classification of Prisons
Classification of Prisoners
Jail Administration
UNIT-II
Emerging Principles of correctional justice
Correctional Institutions
Educational Programmes
Vocational Programmes. Welfare of Prison Personnel
UNIT-III
Modernization of prisons in the light of the Constitutional right of the prisoners
Protection of inmates from criminal cultures
Living conditions of prisons compatible with human dignity
56
Treatment Programme in Prisons
UNIT-IV
Treatment of Prisoners-Non Custodials.
Probation
Parole
After-care
Public Participation in Prevention of Crime
Role of Welfare Agencies in Crime Prevention
SUGGESTED READINGS
1. Howard Jones : Paul Cornes’s Open Prisons
2. Louis P. Carney : Introduction to correctional Science,
2nd Ed.
3. Carter and Wilkins : Probation, Parole and Community
4. Relevant Provision of the following Acts/Rules
Prisoners Act, 1900
Prisoners Act, 1984
Bostal Act, 1926
Punjab Jain Manual
The Good Conduct Prisoners Probational Release Act, 1926
The Good Conduct Prisoners Probational Release Act, 1927
The Punjab (Good Conduct Prisoners Probational Temporary Release) Act,
1962
The Punjab (Good Conduct Prisoners Probational Temporary Release) Act,
1962
Probation of Offences Act, 1958
Punjab Probation of Offenders Rules, 1962
Model Probation of Offenders Rules
57
Option: Any one of the following:
Paper - V Option (a) : Private International Law
Unit-I
Definition, Nature and Scope of Private International Law, Difference between Public
International Law and Private International Law.
Evolution of Indian Private International Law, Theories of Private International Law.
Characterization
Renvoi
Unit-II
Application and Exclusion of Foreign Law
Domicile : Meaning, Domicile of Origin and Domicile of Choice, Domicile of
Dependents, Married Women, Minor Children, Commercial Domicile.
Jurusdiction of Courts.
Unit-III
58
Recognition of Foreign Judgements, Enforcement of Foreign Arbitral Awards
Law of Contract : Proper Law of Contract, Formation of Contract, Capacity to Contract,
Formal and Material Validity, Discharge of Contract, Jurisdiction and Choice of Law in
E-contracts
Unit-IV
Marriage - Concept of Marriage, Validity of Marriage
Matrimonial Causes : Jurisdiction of Courts, Choice of Law, Recognition of Foreign
Divorces, Recognition of Foreign Nullity Decrees, Recognition of Foreign Decrees of
Judicial Separation.
Ancillary Reliefs : Jurisdiction of Courts, Choice of Law, Enforcement of Foreign
Maintenance Orders
Legitimacy and Legitimation
Adoption
Guardianship and Custody of Minor Children - Jurisdiction, Choice of Law.
Recognition and Enforcement of Foreign Guardianship and Custody Orders.
Suggested Readings
P.M. North : Cheshire and North Private International Law
Paras Diwan : Private International Law
Indian and English
Paper-V - Option (b) -Human Rights Law and Practice
Unit - I
Genesis of Human Rights in India
- Meaning
- Evolution of the concept of Human Rights in India
- Object and Salient features of:-
* Universal Declaration of Human Rights (1948)
* International Covenant on Civil and Political Rights (1966)
* International Covenant on Social, Cultural and
Economic Rights (1966)
Unit - II
Human Rights and Constitutional Legal Framework
- Protection of Human Rights Mechanism
- Human Rights in Ancient India, Islamic and British Era.
- Object and Salient features of Protection of Human Rights Act, 1994
59
- Composition of National Human Rights Commission and State Human Rights
Commission
- Powers and functions of National Human Rights Commission and State Human
Rights Commission.
- Role of Judiciary in Protection of Human Rights.
Unit - III
Human Rights of Marginalized Section of Society
- Human Rights of Women
- Rights of aged and differently abled persons
- Human Rights of prisoners
- Human Rights and child
- Human Rights against exploitation
- Human Rights of Scheduled Castes, Scheduled Tribes and Backward
Classes/S.Ts/S.Cs
Unit - IV
Human Rights and personal Liberty
- Right to free Legal aid
- Right to speedy trial
- Right against handcuffing
- Search and seizure
- Torture in Police Custody
- Custodial deaths
- Police fake encounter
Suggested Readings
1. P.L.Mehta :- Human Rights under the Indian Constitution
2. S.K.Kapoor :- International Law and Human Rights
3. V.K. Anand :- Human Rights
4. Darren JO Byrn :- Human Rights An Introduction
5. Dr. S.K. Sharma :- Human Rights in the World Today
6. Pandit Kamalakar :- Human Rights and Criminal Justice.
7. D.D. Basu Human Rights in Constitutional Law
Protection of Human Rights Act, 1994.
60
Paper-V - Option (c) -Offences against Children and Juvenile Offence
Unit I
Offences against Children Under I.P.C.
The Causing of Miscarriage and of injuries to Unborn Child.
Kidnapping
Trafficking in Children
Sexual Offences:
- Prostitution
- Rape
- Sodomy
- Pornography
Unit II
Offences against Children under Labour Laws and Child Marriage Act.
Prohibition of employment of Children
Working Hours for Children
Economic Exploitation and Abuse of Children
Child Marriage
Unit III
Protection of Children from Sexual Offences Act, 2012
- Preventive Sexual Assault and Aggravated Penetrative Sexual Assault (3 to 6)
- Sexual Assault and Aggravated Sexual Assault (7 to 10)
- Sexual Harassment (11, 12)
- Using Child for Pornographic Purpose (13 to 15)
- Abetment and Attempt to commit an offence (16 to 18)
- Procedure for Reporting Case (19 to 23)
- Procedure for recording Statement (24 to 27)
61
- Special Courts and Procedure and Powers of Special Courts (28 to 38)
Unit IV
Salient Features of the Juvenile Justice (Care and Protection of Children) Act, 2000.
Powers, Procedure and Inquiry by Juvenile Justice Board in relation to Juveniles in
conflict with law
Observation homes, Special Homes.
Offences in respect of Juveniles
Care and Protection of Children under the Juvenile Justice (Care and Protection of
Children) Act, 2015.
Production of Children in need of care and Protection before the Child Welfare
Committee
Procedure and Inquiry by the Committee
Powers to commit neglected children to suitable custody
Children Homes, After-care Organisations, Shelter Homes
Suggested Readings :
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Prohibition of Child Marriage Act, 2006
The Child Labour (Prohibition and Regulation) Act, 1986
Law of Crimes by Rattan Lal Dhiraj Lal
Indian Penal Code by H.S.Gour
The Juvenile Justice System in India by Ved Kumari
Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon
62
1
PUNJABI UNIVERSITY, PATIALA
SYLLABUS
BACHELOR OF LAWS PART-IV (NINTH & TENTH SEMESTER)
(FIVE YEARS COURSE)
FOR 2018-19 SESSION
SCHEME OF STUDIES
NINTH SEMESTER
Univ
.
Exa
m
Int.
Exa
m
Max.
Marks
Paper-I Civil Procedure Code and Limitation
Act
74 26 100
Paper-II Alternative Dispute Resolution and
Legal Aid
74 26 100
Paper-III Moot Court Participation and Seminar-I - - 100*
Paper-IV Option: Any one of the following:
a) Criminology, Penology and
Victimology
b) Intellectual Property Law
c) Probation, Parole and Prison
Administration
74 26 100
Paper: V
Option: Any one of the following: a) Private International Law
b) Human Rights Law and Practice
c) Offences against Child and Juvenile
Offence
74 26 100
TENTH SEMESTER
Univ
.
Exa
m
Int.
Exa
m
Max.
Marks
Paper-I Clinical Legal Education and Internship - - 100*
Paper-II Law of Registration, Specific Relief and
Court Fee
74 26 100
Paper-III Option: Any one of the following: a) Law on Infrastructure Development
b) Law of Equity, Trust and Religious
Endowments
c) Forensic Science and Law
74 26 100
Paper-IV Option: Any one of the following: a) Interpretation of Statutes
b) Competition Law
c) White Collar Crime
74 26 100
Paper: V
Option: Any one of the following: a) Local Law b) Co-operative Law
c) Direct Taxation
74 26 100
63
* Paper- : Moot Court Participation and Seminar-I &
Moot Court Participation and Seminar-II are of 100 marks i.e.
Moot Courts (Every Student will give presentation at two
moot court with 30 marks each) = 60 marks
Court Visit = 20 marks
Seminar = 20 marks
--------------
100 marks
-------------
2
GENERAL INSTRUCTIONS FOR THE PAPER
SETTER FOR ALL THE PAPERS
1. The maximum marks for each paper are 74 and the time allowed is 3 hours.
2. The minimum number of marks required to pass each paper shall be 45% in University
Examination and 45% in University Examination and Internal Assessment taken together.
The question paper will consist of three units: I, II and III. Unit I and II will have four questions
from respective units of the syllabus and will carry 11 marks each. Unit III will consist of 10 short-
answer type question, which will cover the entire syllabus uniformly and will carry 30 marks in all
Internal exams marks for each paper are 26 which includes 05 marks of Attendance, 11 marks of
Written Assignment/Project Work etc. and 10 marks for Two Mid- Semester Tests/Internal
Examination.
3
(Ninth Semester)
Paper I : Civil Procedure Code and Limitation Act
Unit - I
Substantive and Procedural Law, Nature of Code of Civil Procedure and its scheme, Meaning of Suit and
its essentials ; jurisdiction of Courts to try suit of a civil nature unless barred ; objections to jurisdiction.
General Conditions of Res Judicata, Matters directly and substantially in issue, Constructive Res
Judicata, Res Judicata and Res Subjudice, Res Judicata and Estoppel, Res Judicata between co-
defendants and co-plaintiffs.
Conclusiveness of Foreign Judgment, its enforcement and execution, Place of suing, Representative suit,
Split of cause of action and Res Judicata.
Issue and service of Summons to defendants, summons to witnesses, dismissal of suit for default,
Exparte proceedings, setting aside exparte decree, difference between Decree and Order.
Suit by or against Government or Public Officer, Interpleader Suit, Suit by an Indigent person, Special
case, suit relating to public nuisance and public charities, abatement and its effect ; suit by or against
minors and persons of unsound mind, compromise by next friend or guardian.
Nature of right of appeal, difference between appeal, reference and Review
Concept of Execution, Who may apply for execution and against whom execution may be sought;
Definition of court which passed a decree, transfer of decree for execution (Section 36-42 & Order XXI)
Precept (Section 46) ; Scope of Section 47 ; Execution against transferees and legal representatives
(Sections 49-50) ; Stay of execution (Order XXI, rules 26-29)
Unit – II
64
Modes of execution (Sections 51-54) ; Arrest and Detention (Sections 55-59, Order XXI, rules 37-40)
Attachment of Property in execution of a decree; non-attachment property; transfer of property and
attachment (Sections 60-64); Objections to attachment (Order XXI, rules 58-59)
General procedure for sale of attached property (Order XXI rules 64-69); who cannot bid at sale (Order
XXI rules 72, 72A, 73); Sale and resale of immovable property in execution (order XXI, rules 82-87)
Setting aside and confirmation of execution of sale (Order XXI 89-94); Rateable distribution of Assets
(Section-73); Resistance to delivery possession in execution and remedies (Section 74, order XXI, rules
97-106)
The Limitation Act
Definitions
Limitation of Suits, Appeal and Applications
Computation of Period of Limitation
Acquisition of Ownership by Possession
Suggested Readings
Mulla : Code of Civil Procedure
A.N. Saha : Code of Civil Procedure
Mitra : Law of Limitations
Avtar Singh : Limitation Act
Justice P.S. Narayana : Code of Civil Procedure (2nd Edn.)
4
Paper - II : Alternative Disputes Resolution & Legal Aid
Unit-I
The Arbitration and Conciliation Act, 1996
- Definitions
- Form of Arbitration Agreement
- Constituents of Arbitration Agreement
- Composition of Arbitral Tribunal
- Removal of arbitrator
- Termination of Mandate and substitution of Arbitration
- Setting aside of arbitral award
- Enforcement of award
The Arbitration and Conciliation Act, 1996
- Scope of Conciliation
- Appointment of Conciliators
- Role of Concilator
- Settlement agreement
- Status and effect of settlement agreement
- Confidentiality
- Termination of Conciliation proceedings
- Resort to arbitral or Judicial proceedings
- Difference between Conciliation and Mediation
- Distinction between Meditation and Arbitration
Unit-II
Alternative Means of Settlement of Disputes
- Merits of ADR
- Demerits of ADR
- Negotiation
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- Essential Ingredients of Negotiation
- Sources of Negotiation
- Kinds of approaches to negotiation
- Obstructions to Negotiation
- Lok- Adalats & Legal Aid
- Concept of Lok-Adalat
- Establishment of Lok-Adalats
- Jurisdiction of Lok-Adalats
- Powers of the Lok-Adalats
- Award of the Lok-Adalats
- Legal Aid under Constitution of India, 1950
- Free Legal Services under the Legal Services Authorities Act, 1987
5
Books Recommended:
Dr. Avtar Singh, Law of Arbitration & Conciliation
S.C. Tripathi, Arbitration and Conciliation Act, 1996
Dr. N.V. Paranjape, Arbitration & Alternative Dispute Resolution
Dr. S.S. Mishra, Law of Arbitration & Conciliation in India
N.V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services
S.S. Mishra, Legal Services, Public Interest Litigation and Para-Legal Services
- The Arbitration & Conciliation Act, 1996 (Bare Act)
- The Legal Services Authorities Act, 1987 (Bare Act)
Dr. Anupam Kulwal, An Introduction to ADR - A text book for Indian Law Students, Centre Law
Publication (2011).
6
Paper-III : Moot-Court Exercise and Internship
* Paper- : Moot Court Participation and Seminar-I & Moot Court Participation and Seminar-II
are of 100 marks i.e.
Moot Courts (Every Student will give presentation at two
moot court with 30 marks each) = 60 marks
Court Visit = 20 marks
Seminar = 20 marks
--------------
100 marks
-------------
(The students will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment).
7
66
Option: Any one of the following:
Paper-IV Option (a) : Criminology, Penology & Victimology
Unit-I
Meaning, Nature, Scope and Objectives of Criminology, its relationship with criminal law and
other social sciences.
Schools of Criminology: Pre-classical school, Classical School, Neo-Classical School, Positive
School, Clinical School, Sociological School
Crime Causation: Physiological, Physiological and Sociological, Economic, Mental, Family and
Mass Media
Penology: Meaning, Definition and Scope
Concept and Necessity of Punishment
Theories of Punishment: Retributive theory, Deterrent theory, Preventive and Reformative theory
Capital Punishment - constitutionality of capital punishment, judicial approach towards death
penalty.
Unit-II
Meaning & Scope of Victimology
Types of Victims of Crime
Rights of the Victims of Crime
Provisions regarding Compensation to the Victims of Crime under Code ofCriminal Procedure
and Indian Penal Code
Compensation under Probation of Offences Act.
Compensation to Victim under Motor Vehicle Act
Common Law regarding Compensation in Tort and Civil Law
Judicial trends in Compensatory Jurisprudence
Recommendations of Justice Malimath Committee with respect to compensation to victims of
Crime.
Suggested Readings
1. Sutherland E. & Cressy : Principles of Criminology
2. Siddique, A. : Criminology : Problems & Perspectives
3. Paranjape, N.V. : Criminology and Penology
4. Sirohi, J.P.S. : Criminology & Penology
8
Paper - IV Option (b) : Intellectual Property Law
Unit-I
Concept and Nature of Intellectual Property :-
Meaning, main forms of Intellectual Property
System of Intellectual Property Rights, Competing rationale of the legal regimes for the protection of
rights in Intellectual Property
Forms of Industrial property, Protection for Investigations ; Patents, Inventor's certificates, utility
models ; criteria for patenting, rational behind grant of patents.
Leading International Instruments concerning Intellectual Property Rights
The Paris Convention for the Protection of Industrial Property: Its establishment, concept of Paris
Union, Minimum Standards of Patent Protection under the Convention; Initiatives towards revision of
the Paris Convention
67
The World Intellectual Property Organisation (WIPO)
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) : Its aim, provisions on
patents and their incompatability with the Indian Patents Act, 1970
Unit-II
Select Aspects of the Law of Patents in India :-
Concept of Patent, object of patent grant system, International character of patents, historical overview
of the patents law in India.
Salient features of the Patents act
Patentable and non-patentable Inventions
Duration of the Patent Grant
Law of Patents in India :-
Process of obtaining a patent, powers of controller of patents
Grounds of opposition to grant of patent
Rights and obligations of a patentee
Compulsory licences, licences of right and Revocation of Patents Infringement of Patents and Reliefs.
Suggested Readings
1. Anderfelt, UIF : International Patent Legislation & Developing
Countries
2. Carnish W.R. : Intellectual Property
3. Sangal, P.S. & Kishore : Indian Patent System and Paris Convention :
Legal Perspectives
4. Naranyanan, P. : Intellectual Property Law
5. Narayanan, P. : Patent Law
6. Georgious I Zekos : Intellectual Property Rights & Cyber Space.
9
Paper - IV Option (c) : Probation, Parole and Prison Administration
UNIT-I
Origin and Growth of Prisons
Classification of Prisons
Classification of Prisoners
Jail Administration
Emerging Principles of correctional justice
Correctional Institutions
Educational Programmes
Vocational Programmes. Welfare of Prison Personnel
UNIT-II
Modernization of prisons in the light of the Constitutional right of the prisoners
Protection of inmates from criminal cultures
Living conditions of prisons compatible with human dignity
Treatment Programme in Prisons
Treatment of Prisoners-Non Custodials.
Probation
Parole
After-care
68
Public Participation in Prevention of Crime
Role of Welfare Agencies in Crime Prevention
SUGGESTED READINGS
1. Howard Jones : Paul Cornes’s Open Prisons
2. Louis P. Carney : Introduction to correctional Science,
2nd Ed.
3. Carter and Wilkins : Probation, Parole and Community
4. Relevant Provision of the following Acts/Rules
Prisoners Act, 1900
Prisoners Act, 1984
Bostal Act, 1926
Punjab Jain Manual
The Good Conduct Prisoners Probational Release Act, 1926
The Good Conduct Prisoners Probational Release Act, 1927
The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962
The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962
Probation of Offences Act, 1958
Punjab Probation of Offenders Rules, 1962
Model Probation of Offenders Rules
10
Option: Any one of the following:
Paper - V Option (a) : Private International Law
Unit-I
Definition, Nature and Scope of Private International Law, Difference between Public International Law
and Private International Law.
Evolution of Indian Private International Law, Theories of Private International Law.
Characterization
Renvoi
Application and Exclusion of Foreign Law
Domicile : Meaning, Domicile of Origin and Domicile of Choice, Domicile of Dependents, Married
Women, Minor Children, Commercial Domicile.
Jurusdiction of Courts.
Unit-II
Recognition of Foreign Judgements, Enforcement of Foreign Arbitral Awards
Law of Contract : Proper Law of Contract, Formation of Contract, Capacity to Contract, Formal and
Material Validity, Discharge of Contract, Jurisdiction and Choice of Law in E-contracts
Marriage - Concept of Marriage, Validity of Marriage
Matrimonial Causes : Jurisdiction of Courts, Choice of Law, Recognition of Foreign Divorces,
Recognition of Foreign Nullity Decrees, Recognition of Foreign Decrees of Judicial Separation.
Ancillary Reliefs : Jurisdiction of Courts, Choice of Law, Enforcement of Foreign Maintenance Orders
Legitimacy and Legitimation
Adoption
Guardianship and Custody of Minor Children - Jurisdiction, Choice of Law.
69
Recognition and Enforcement of Foreign Guardianship and Custody Orders.
Suggested Readings
P.M. North : Cheshire and North Private International Law
Paras Diwan : Private International Law
Indian and English
Paper-V - Option (b) -Human Rights Law and Practice
Unit - I
Genesis of Human Rights in India
- Meaning
- Evolution of the concept of Human Rights in India
- Object and Salient features of:-
* Universal Declaration of Human Rights (1948)
* International Covenant on Civil and Political Rights (1966)
* International Covenant on Social, Cultural and
Economic Rights (1966)
Human Rights and Constitutional Legal Framework
- Protection of Human Rights Mechanism
- Human Rights in Ancient India, Islamic and British Era.
- Object and Salient features of Protection of Human Rights Act, 1994
- Composition of National Human Rights Commission and State Human Rights
Commission
- Powers and functions of National Human Rights Commission and State Human Rights
Commission.
- Role of Judiciary in Protection of Human Rights.
Unit - II
Human Rights of Marginalized Section of Society
- Human Rights of Women
- Rights of aged and differently abled persons
- Human Rights of prisoners
- Human Rights and child
- Human Rights against exploitation
- Human Rights of Scheduled Castes, Scheduled Tribes and Backward
Classes/S.Ts/S.Cs
Human Rights and personal Liberty
- Right to free Legal aid
- Right to speedy trial
- Right against handcuffing
- Search and seizure
- Torture in Police Custody
- Custodial deaths
70
- Police fake encounter
Suggested Readings
1. P.L.Mehta :- Human Rights under the Indian Constitution
2. S.K.Kapoor :- International Law and Human Rights
3. V.K. Anand :- Human Rights
4. Darren JO Byrn :- Human Rights An Introduction
5. Dr. S.K. Sharma :- Human Rights in the World Today
6. Pandit Kamalakar :- Human Rights and Criminal Justice.
7. D.D. Basu Human Rights in Constitutional Law
Protection of Human Rights Act, 1994.
12
Paper-V - Option (c) -Offences against Children and Juvenile Offence
Unit I
Offences against Children Under I.P.C.
The Causing of Miscarriage and of injuries to Unborn Child.
Kidnapping
Trafficking in Children
Sexual Offences:
- Prostitution
- Rape
- Sodomy
- Pornography
Offences against Children under Labour Laws and Prohibation of Child Marriage Act.
Prohibition of employment of Children
Working Hours for Children
Economic Exploitation and Abuse of Children
Child Marriage
Unit II
Protection of Child from Sexual Harassment Act, 2013
- Preventive Sexual Assault and Aggravated Penetrative Sexual Assault (3 to 6)
- Sexual Assault and Aggravated Sexual Assault (7 to 10)
- Sexual Harassment (11, 12)
- Using Child for Pornographic Purpose (13 to 15)
- Abetment and Attempt to commit an offence (16 to 18)
- Procedure for Reporting Case (19 to 23)
- Procedure for recording Statement (24 to 27)
- Special Courts and Procedure and Powers of Special Courts (28 to 38)
The Juvenile Justice (Care and Protection of Children) Act, 2015.
- General Principles of Care and Protection of children
- Juvenile Justice Board: Procedure, Powers and functions
- Procedure in relation to children in conflict with law.
- Children’s Court and its Powers.
- Child welfare committee: Procedure, Powers and functions.
- Procedure in relation to children in need of Care and Protection.
- Rehabilitation and Social Re-Integration.
- Offences against Children.
Suggested Readings :
71
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Prohibition of Child Marriage Act, 2006
The Child Labour (Prohibition and Regulation) Act, 1986
Law of Crimes by Rattan Lal Dhiraj Lal
Indian Penal Code by H.S.Gour
The Juvenile Justice System in India by Ved Kumari
Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon
72
13
B.A. LL.B. Five Year Course
Tenth Semester
Paper I:- Clinical Legal Education and Internship
This paper consists entirely of Practical Work in which each student is to participate in two Moot
Courts apart from Project Report and Court visits. For this paper, the students would be evaluated by
internal teachers.
However, on these students would be given assignments / attending Lok Adalats organised by the
District Courts as well as would be encouraged to undertake various Legal Aid Campus.
Distribution of Marks is as under:
1. Moot Courts (Every student will give presentation at two moot 50 Marks
courts with 25 marks each)
2. Project Report (Written Assignment and Presentation with
15 marks each) 30 Marks
3. Court Visits 20 Marks
Total 100 Marks
(The students will maintain a record and enter the various steps observed during
their attendance on different days in the Court assignment).
14
Paper II:- Law of Registration, Specific Relief and Court fees
Unit-I
The Registration Establishment
Registrable Documents
Time of Presentation
Place of Registration
Presenting Documents for Registration
Enforcing, Appearance of Executants and Witnesses
Presenting, Deposit of Wills and Authorities to Adopt
Effects of Registration and Non-Registration
Duties and Powers of Registering Officers
Unit-II
Recovering Posession of Property
Specific Performance of Contracts
Rectification of Instruments
Rescission of Contracts
Cancellation of Instruments
Declaratory Decrees
Fees in the High Courts and in the Courts of small causes at the presidency towns
Fees in other Courts and in public offices
Probates, Letters of administration and certificates of administration Process fees
Mode of levying fees
Suggested Readings
73
J.P. Sirohi : Indian Registration Act
Aquil Ahmad : Specific Relief Act
R.K. Bangia : Law of Registration
R.K. Bangia : Specific Relief
Indian Registration Act, 1908 (Bare Act)
Specific Relief Act, 1963 (Bare Act)
The Court fees Act, 1870 (Bare Act)
15
Option: Any one of the following:
Paper III- Option (a) – Law on Infrastructure Development
UNIT-I
The Electricity Act, 2003
Definitions
National Electricity Policy and Plan
Generation, Transmission and Distribution of Electricity
Licensing and Tariff
Central Electricity Authority and Regulatory Commissions
Offences and Penalties
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013
Determination of Social Impact and Public Purpose
Special Provision to Safeguard Food Security
Rehabilitation and Resettlement Award
Procedure and Manner of Rehabilitation and Resettlement
National Monitoring Committee for Rehabilitation and Resettlement
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
Apportionment of Compensation
Temporary occupation of Land
Offences and Penalties
UNIT-II
The Special Economic Zones Act, 2005
Definitions
Establishment of Special Economic Zone
Constitution of Board of Approval
Development Commissioner
Single Window Clearance
Special Fiscal Provisions for Special Economic Zones
Special Economic Zone Authority
Legal framework of specific infrastructure sector :-
1. Telecom
2. Roads and National Highways
3. Water
4. Airports
74
16
Paper III- Option (b) -Law of Equity, Trust and Religious Endowments
Unit I
Concept and definition of Equity
- Historical Background
- Definition, nature and scope of equity
- Equity as a branch of law
- Equity under the Indian Legal System
Classification of Equity Jurisdiction.
- Exclusive Jurisdiction
- Concurrent Jurisdiction
- Auxilliary Jurisdiction
Nature of Equitable Rights and Interests
- Evolution of Equitable Interests
- Difference between Legal and Equitable Estate " Choose in Action and" Choose in Possession"
Maxims of Equity.
- Equity will not suffer a wrong to be without a remedy
- Equity follows the Law
- He who seeks Equity must do Equity
- He who comes to Equity must come with clean hands
- Delay defeats equities
- Equality is Equity
- Equity looks to the Intent rather to the Form
- Equity looks on that as done which ought to have been done
- Equity imputes an intention to fulfil an obligation
- Equity acts in personam
- Where the Equities are equal, the first in time shall prevail
- Where there is equal Equity, the Law shall prevail
Unit II
General View of Trust
- Introduction, Origin, Development and definition of Trust.
- Creation of Trust
- Rights and Power, duties and Liability of Trustees
- Disabilities of the Trustees
- Rights and Liabilities of the beneficiary
Religious Endowments
- Definition and nature of religious endowments
Essentials of Valid Endowments
Object and Scope of Religious Endowment
Maths
- Shebaitship,
- Power and duties of shebait.
Wakf
- Definition
- Object of Wakf
- Essentials of Wakf
Suggested Readings :
75
Equity by Hanbury
Trust and Trustees : Cases and Materials, R.H.Maudsley and E.H.Burn
Aqil Ahmad , Equity Trust and Fiduciary Relations
The Indian Trust Act, 1982
The Religious Endowments Act, 1863
The Wakf Act, 1995
Paper III (c) : Forensic Science and Law
Unit-I
Definition, Objects and Scope of Forensic Science
Relationship between Law and Forensic Science
Role of Forensic Science in administration of justice
Forensic Science set up in India
- Central forensic science laboratories
- Forensic Science Laboratories
- National Institute of Criminology and Forensic Science
- Central Detective Training School
- Finger Print Bureau
- National Crime Records Bureau
Types of Evidence
- Physical Evidence
- Chemical Evidence
- Biological Evidence
Meaning of Expert Evidence
Presentation of Expert Evidence
Admissibility of Expert Evidence
Crime Scene and Lab Investigation
Unit-II
Concept, History, Advantages, Limitations and Legal admissibility of Techniques of Investigation
- Finger Printing
- Brain Mapping
- Lie detector/ Poly graph
- Voice Identification
- Narco analysis
- DNA Finger Printing
Cyber Crimes
Computer Fraud and abuse
Software piracy, Hacking, Computer viruses, Computer security
Internet, Use of Biometric methods for personal identification
Information Technology Act, 2000
Offences and Penalties
Suggested Readings
Modi's Medical Jurisprudence & Toxicology
76
Parekh's Medical Jurisprudence & Toxicology
Nanda, B.B. & Tewari R.K. : Forensic Science in India : A Vision for the
Twenty first Century
Sharma, B.R. : Forensic Science in Criminal Investigation and
Trials
Anil K. Jain : Biometrics Personal Identification in Neworked
Society
Nickolas : Scientific Criminal Investigation
James, S.H. ad Norby JJ : Forensic Science : An Introduction to Scientific
and Investigative Techniques
Indian Evidence Act, 1872
Information Technology Act, 2000.
19
Option: Any one of the following:
Paper IV Option (a) : Interpretation of Statutes
Unit-I
Meaning of Statute
Commencement of Statute
Operation of Statute
Repeal of Statute and its effect
Revival of Statute
Consolidating, Codifying and Amending Statutes
Primary or literal rule of interpretation
Mischief rule of interpretation
Golden rule of interpretation
Restrictive rule of interpretation
Beneficial rule of interpretation
Harmonious rule of interpretation
Unit-II
Internal aids of construction
External aids of construction
Contemporanea expositio
Expressio unius exclusio alterious
Ejusdem generis rule
Pari Materia
Mens rea
Bonam Partem
Stare decisis
Suggested Readings
1. Maxwell : Interpretation of Statutes
2. V.P. Sarathi : Interpretation of Statutes
3. G.P. Singh : Principles of Statutory Interpretation
4. Jagdish Swarup : Legislation and Interpretation
20
Paper IV - Option (b) - Competition Law
77
Unit - I
Historical Development :
Evolution of Doctrine of Restraint of Trade : Vadic Era
Restraint of Trade under Indian Contract Act.
Aim Objective and Salient Feature of Monopolies and Restrictive Trade Practices Act, 1969
Enforcement Machinery
MRTPC- Powers and Functions
Registrar of Restrictive Trade Agreement
Director Gaineral of Investigation - Powers and Functions.
Complaint or Reference to the Commission
Appellate Jurisdiction
Restrictive Trade Practices and Role of Commission
Territorial Restriction
Tie-up Arrangement and Full time forcing
Exclusive Dealings
Restriction on Dealing
Restriction of Manufacturing classes of Technical Know how
Predatory Pricing
Price Discrimination
Price Fixing in Concert
Collective Boycott
Cullusive Tendering and Bidding
Resale Price Maintenance
Monopolistic Trade Practices and Role of Commission
Unit – II
Definitions
Anti-competitive Agreement
Abuse of Dominant Position
Combination
Composition of Competition Commission of India
Aims, Objects and Salient feature of C.C.I.
Duties
Functions and Procedure for Investigation
Inquiry into certain agreement and dominant position
Inquiry into combination
Reference by commission
Acts taking Place outside India but having an effect on competition in India.
Powers to pass nature of order
Powers to Issue Interim orders
To impose Penalty and award compensation.
Appointment of Director General etc. : its Duties powers and Functions
Composition of Competition Appellate Tribunal
Procedure and Powers for Appellate Tribunal
Award Compensation
Power to Punish for Contempt
Execution of Orders
Powers of Central Government : to Issue Directions
To Supersede Commission, Removal and Suspension, Power to Exempt
Appeal to the Supreme Court
78
21
Suggested Reading :
1. Report of the Monopolies Inquries Commission, Government of India, 1965 (known Dr. Hazari
Report)
2. Sachar Committee Report, High Powered Committee Report on MRTP & Company, 1980
3. High Level Committee on competition Policy and Law Government of India 2002.
4. Dr. R.K.Singh, Restrictive Trade Practice and Public Interest Mittal Publication, New Delhi,
1989.
5. Bare Acts with Shorts Notes
6. S.M. Dugar's MRTP Law, Competition Law and Consumer Protection 4th ed 2009
2 Vols.
Paper IV Option (c) - White Collar Crimes
Unit-I
Emergence of White-Collar Crimes
Concept and Nature of White-Collar Crimes
Suther lands, view on white-collar crimes and it's analysis.
Causes of White-Collar Crimes
Distinguish between White-Collar Crimes and Blue-Collar Crimes
Implications of White-Collar Crimes
Courts and White Collar Crime in India.
Unit-II
White Collar Crimes in India
Hoarding, Black Marketing and Adulteration;
White Collar Crimes in certain Professions - Medical Profession, Legal profession, Educational
Institutions, Engineering.
White Collar Crimes in business deals.
Fake Employment Placement Rockets
Remedial Measures.
Prevention of Corruption Act, 1988 -
Objects and Reasons of the Act,
Definitions - Public duty, Public Servant
Power to appoint special judges, cases triable by special judges, Procedure and Powers of special
judges.
Offences and Penalties - Public Servant taking gratification other than legal remuneration in respect of
an official Act, Criminal misconduct by a Public Servant.
Suggested Readings :
Mahesh Chandra : Socio- Economic Crimes
Marshal B. Clinard : Crime in Developing Countries
N.V. Pranjape : Criminology and Penology
Prevention of Corruption Act, 1988
47th Report of Law Commission of India
Trial and Punishment of Socio-Economic Offences.
Annual Report Criminal Law Review.
79
23
Option: Any one of the following:
Paper V (a) : Local Self Government and Panchyat Administration
Unit-I
Evolution of Panchyat Raj System in India- A Historical Perspective, Nature, Scope and Spirit of Art 40
of the Constitution, Salient Features of the 73rd Amendment (Act 1976), Aim and Objects of the Grass
Root Level Democracy, Structure of Panchyat Raj Institutions including Gram Sabhs and Gram
Panchyat at various Bodies.
Powers, Functions and Duties of the various Panchyat Raj Institution, Tax Collection, Welfare Activities,
Judicial Functions of Gram Panchyat, Propert, Finance and Accounts of Gram Panchyats, Government
and Judicial Control over Panchyat Raj Institution, Role of Gram Panchyat in strengthening the poor and
women welfare system.
Unit-II
Objects and implications of the 74th amendment of the constitution, Punjab Municipal Act, 1911-
Definition, Constitution of Committee, Election of President, Vice-President, Meetings of various
bodies, Privileges and Liabilities
Powers Functions and duties of Municipalities, Municipal Funds and Property, By-Laws, Power of
Entry and Inspection, Notice and Consequences of non-compliance, Appeals from orders, Offences and
Prsecution, Role of Judiciary.
Suggested Readings
The Bare Act of the Punjab Panchayati Raj Act, 1994
The Bare Act of the Punjab Municipal Act, 1911
The Constitution (Seventy-third Amendment) Act, 1992
The Constitution (Seventy-fourth Amendment) Act, 1992
Report of Balwant Raj Mehta Committee
Report of Ashok Mehta Committee
Report Law Commission of India One Hundred Fourteenth
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Paper V - Option (b) - Co-operative Law and Agriculture Insurance
Unit - I
Cooperative Movement in India
The Punjab Co-operative Societies Act, 1961
Preliminary (Ss. 1-2)
Registration of Co-operative Societies (Ss. 3-14)
Member of Co-operative Societies and their Rights and Liabilities (Ss. 15-22)
Management of Co-operative Societies (Ss. 23-29)
Privileges of Co-operative Societies (Ss. 30-40)
Properties and Funds of Co-operative Societies (Ss. 41-47)
Unit - II
Audit, Inquiry, Inspections and Surcharge (Ss. 48-54)
Settlement of Dispute (Ss. 55-56)
Winding up of Co-operative Societies (Ss. 57-61)
Appeal and Revisions (Ss. 68-70)
Co-operative Banks (Ss. 70-A)
Offences and Penalties (Ss. 71-86)
Aim, Objectives and Salient features of Agricultural Insurance Schemes.
Suggested Readings :
1. The Punjab Cooperative Societies Act, 1961
2. Jagdish Arora : The Punjab Cooperative Socieities Act, 1961 with rule
Ministry of Information : India Year Book & Broadcasting, India
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Paper-V - Option (c) - Direct Taxation
Unit-I
Definitions - Income, Total income, Assessee, Person, Assessment year, Previous year, Capital Asset.
Charge of Income Tax (Section 4)
Incidence of Tax (Section 5)
Residential Status of an Assessee (Section 6)
Incomes received or deemed to be received in India (Section 7)
Income deemed to accure or arise in India
Agricultural income and its tax treatment.
Heads of Income (Section 14)
Income under the Head "Salaries" (Section 15-17)
Income under the Head "Income from House Property" (Section 22-27)
Income under the Head "Capital Gains" (Sections 45(1), 54 54B, 54D, 54EC, 54 ED, 54F, 54G, 54GA)
Income under the Head "Income from other sources" (Section 56-59)
Deductions to be made in computing total income (Section 80A-80GGC)
Rebates and Reliefs of Income Tax (Section 87-89)
Penalties and Prosecutions (Section 270-280)
Unit-II
Income of other Persons included in Assessee's Total income (Section 60-65)
Set off and Carry forward and set off of Losses (Section 70-80)
Income Tax Authorities and their powers (Sections 116, 131-36)
Return of Income (Section 139(1) & Section 140), Return of Loss (Section 139(3)), Belated Return
(Section 139(4)), Revised Return (Section 139(5))
Permanent Account Number (Section 139(A))
Self Assessment (Section 140A)
Inquiry before Assessment (Section 142)
Summary Assessment (Section 143)
Best Judgement Assessment (Section 144-145)
Income Escaping Assessment (Section 147-148)
Advance Payment of Tax (Section 207-11, 217 & 219)
Refunds (Section 237-241)
Salient features of Central Goods and Services Tax Act, 2017
Suggested Books :
1. Vinod K. Singhania : Direct Tax Law and Practice
2. V.P. Gour and D.B. Narang : Income Tax Law and Practice
3. Mahesh Chandra and : Income Tax Law and Practice
S.P. Goyal
4. Narula : Taxation Law
5. The Central Goods and Services Tax Act, 2017