SYLLABUSBACHELOR OF LAW PART-I (THREE YEARS COURSE)

(FIRST & SECOND SEMESTERS)

FOR 2010-2011, 2011-12 & 2012-13 SESSIONSSCHEME OF STUDIES

First SemesterPaper Subject Univ. Int.* Max. Exam. Assess. Marks

I. Jurisprudence 80 20 100II. Constitutional Law-I 80 20 100III. Law of Contract 80 20 100IV. Family Law-I 80 20 100V. Law of Torts, Motor 80 20 100 Vehicle Accidents and Consumer Protection

Total 400 100 500

Second SemesterPaper Subject Univ. Int.* Max. Exam. Assess. Marks

I. Environmental Law 80 20 100II. Constitutional Law-II 80 20 100III. Special Contracts 80 20 100IV. Family Law-II 80 20 100V. Public International Law 80 20 100 Total 400 100 500

* The break-up of 20 marks for Internal Assessment will be as under : (a) Two tests of which average will be considered for assessment 10 Marks (b) Assignment 10 Marks

GENERAL INSTRUCTIONS FOR THE PAPER SETTER FOR ALL THE PAPERS

1. The maximum marks for each paper are 80 and the time allowed in 3 hours.

2. The minimum number of marks required to pass each paper shall be 45% in University examination and 45% marks in University examination and internal assessment taken together in each paper.

3. The question paper will consist of five units : I, II, III, IV and V. Unit I, II, III and IV will have two questions from the respective Units of the syllabus and will carry 12.5 marks each. Unit V will consist of 10 short answer type questions, which will cover the entire syllabus uniformly and will carry 30 marks in all.

INSTRUCTIONS FOR THE CANDIDATES

Candidates are required to attempt one question each from the Unit I, II, III and IV of the question paper and the entire Unit-V.

Bachelor of Law Part-I (Three Year Course)Paper-I : Jurisprudence

Unit-I

Jurisprudence - Meaning, Nature and Scope. Definition of Law, Classification of Law, Relation between Law and Morals. Concept of Administration of Justice, Difference between Civil and Criminal Administration Justice, Theories of PunishmentSources of Law: Custom- Meaning, Kinds and Essentials of a Valid Custom, When does a Custom become Law?Precedent – Meaning, Importance, Merits & Demerits, Doctrine of Precedent and its Operation in India, Do the Judges make law?Legislation- Meaning, Kinds: Supreme and Subordinate Legislation.

Unit-II

Analytical School of LawKelson’s Pure Theory of LawHistorical School of LawSociological School of LawNatural Law School

Unit-III

State- Definition, elements of State, Theories of origin of State, Law and State.Codification-Meaning, Classification and its merits and demeritsRights and Duties – Meaning, Theories of Legal Rights, Essentials of Legal Right, Classification of Rights and Duties, Right and Duty ConflictPersonality- Meaning and nature of legal personality, legal status of unborn person, dead man, animals, idol, mosque and State, Nature of corporate personality, theories of corporate personality, advantages of incorporation, liability of corporation.

Unit-IV

Possession- Meaning, De facto and De jure possession, Kinds of Possession, Acquisition of Possession, Possessory Remedies, Rights of Possessor , Analysis of Possession,Ownership – Definition, Essentials of Ownership, Kinds of Ownership, Modes of acquisition of Ownership, Distinction between Ownership and Possession.Property- Meaning, Theories of property, its Kinds and Modes of acquisition of Property.

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Prescribed Books :

Freidmann W. : Legal Theory B.N.M. Tripati : An Introduction to Jurisprudence (Legal Theory) Fitzgerold P.J. : Salmond on Jurisprudence S.P. Dwivedi : Jurisprudence and Legal Theory Paton G.W. : A Text Book of Jurisprudence Dias : Jurisprudence S.N. Dhyani : Fundamentals of Jurisprudence vkH tfozdo e[wko e"f;ae L ftXh ;ak;aso dh ikD^gSkD

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LL.B. Three Year CoursePaper –II - Constitutional Law-I

Unit-I

Nature and Salient features of ConstitutionPreambleThe Union and its TerritoryCitizenshipState (Art. 12)

Unit-II

Fundamental Rights – To Whom AvailableJudicial Review (Art. 13)Right to Equality (Art. 14-18)Right to Freedom (Art. 19-22)

Unit-III

Right Against Exploitation (Art. 23 and 24)Freedom of Religion (Art. 25-28)Cultural and Educational Rights (Art. 29 and 30)Directive Principles of State Policy

Unit-IV

Fundamental DutiesUnion JudiciaryState JudiciaryWrits Jurisdictions of Higher Courts including Judicial Activism in India

Suggested Reading

Constituent Assembly DebatesH.M. Seervai : Constitutional Law of IndiaM.P. Jain : Indian Constitution LawD.D. Basu : Introduction of ConstitutionMahendra P. Singh : V.N. Shukla’s Constitution of IndiaJ.N. Pandey : Constitutional Law of IndiaKailash Rai : The Constitutional Law of India

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LL.B (Three Year Course)First Semester

Paper- III- Law of Contract

UNIT-I

Agreement and Contract : Definitions 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, present, past and adequate consideration-whether performance of existing duties amounts to consideration; stranger to contract cannot sue.

UNIT-II

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? Illustrations of undue influence- pardanashin women-independent advice-unconscionable bargains-effect of undue influence.Misrepresentation : definition-misrepresentation of law and of fact-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 fact their effectsLegality of consideration and object : unlawful consideration and objects :- Forbidden by Law- Defeating the provision of any law- Fraudulent- Injurious to person or property- Immoral- Against public policy

UNIT-III

Void Agreements : void, voidable and unlawful agreements and their effectsAgreements without consideration.Agreements in restraint of marriage.Agreements in restraint of trade: exceptions-sale of goodwill, restrictions under the Partnership Act, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service. Agreements in restraint of legal proceedings exceptions 4

Wagering agreement- its exceptions. Contingent Contracts : definition-enforcement-contingent contract and wagering agreement. Discharge of a contract and its various modes : By Performance: conditions of valid tender of performance- how? By whom? When? In what manner? Performance of reciprocal promises- time as 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

UNIT-IV

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 Contracts : Nature, advantages- unilateral character -principles of protection against the possibility of exploitation, judicial approach to such contracts-exemption clauses- Unfair Contract Terms Act, 1977 (English), Law Commission of India views.

SUGGESTED READINGS

1. A.G. Guest (ed.) : Anson’s Law of Contract2. Avtar Singh : Law of Contract3. R.K. Bangia : Law of Contract4. J.K. Dalal (ed.) : Mulla on the Indian Contract Act 5. vkH ;[ydo;aB f;zx yfjok L w[nkfJdk ekB{zB (gzikph :{Bhtof;Nh gpbhe/;aB)

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LL.B. (Three Year Course)First Semester

Paper IV – Family Law-I

Unit-I

Sources of Hindu Law- Ancient Sources- Modern Sources

The Hindu Marriage Act, 1955- Application of Hindu Law

- Conditions of Marriage- Ceremonies of Marriage - Registration of Marriage

Unit-II

Matrimonial remedies under the Hindu Marriage Act, 1955Restitution of conjugal rightsJudicial separationNullity of Marriage

- Void marriage- Voidable marriage

DivorceDivorce by mutual consentCustomary Divorce Legitimacy of childrenJurisdictionBars to matrimonial remediesMaintenance Pendente LitePermanent alimony and maintenance

Unit-III

The Special Marriage Act, 1954 :Conditions of MarriageRegistration of MarriageRestitution of Conjugal rightsJudicial SeparationNullity of Marriage - Void Marriage - Voidable MarriageDivorce

Divorce by mutual consent 6

Unit-IV

Muslim Law- Marriage- Dower- DivorceThe Dissolution of Muslim Marriage Act, 1939

SUGGESTED READINGS

Dr. Paras Diwan : Modern Hindu LawMulla : Principles of Hindu LawG.M. Divekar : Hindu LawRamesh Chander Nagpal : Modern Hindu LawMayne : Hindu LawRaghvachariar : Hindu LawKusum : Family Law Lectures-IPoonam Pradhan Saxena : Family Law Lectures-IISrinivasan : Special Marriage ActDr. Paras Diwan : Muslim Law in Modern IndiaAqil Ahmed : Mohammadan LawMulla : Muslim LawvkH dbihs f;zx L fjzd{ ftnkj ns/ sbke dk ekB{zB

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LL.B 1st Semester (Three Year Course)

Paper-V – Law of Torts, Motor Vehicle Accidents and Consumer Protection

Unit-I

Nature of Law of Torts Development, Nature and definitions. Distinction between Tort and Crime. Distinction between Tort and Breach of Contract.

Constituents of Tort (a) Wrongful Act(b) Legal Damage – Damnum Sine Injuria and Injuria Sine damnum(c) Legal Remedy

Justification in Tort Volenti Non Fit Injuria, Necessity, Act of God, Inevitable accident, Private defence, Statutory Authorisation and Plaintiff’s default.

Vicarious Liability in Tort(a) Meaning, Master’s Liability for the wrongs committed by his servant.(b) Liability of the State for the wrong committed by it’s servants

Unit-II

Death in Relation to Tort(a) Survival of causes of action-actio personalis mortiur cum persona and

exceptions.(b)Death as a cause of action-the rule in Baker v. Bolton and Exceptions

Torts Against Person Assault, Battery, False Imprisonment and Malicious Prosecution

Motor Vehicles Act -1988 Compulsory Insurance Compensation payable under the Act Insurer’s Liability for persons on the roof of a bus, Insurer’s Liability beyond the limits mentioned in the Act, Payment of Compensation in case of hit and run motor accidents with and without Fault Liability

Unit-III

Defamation Libel and Slander

Constituents of Defamation, Defences to the Tort of Defamation8

Negligence Constituents, Res Ipsa Loquitur and Contributory Negligence

Strict Liability Rule in Reylands v. Fletcher, Principles of Absolute Liability, Liability for Industrial hazards.

Unit-IV

Development, Purpose and Objects of Consumer Protection Laws

The Consumer Protection Act, 1986 Definitions Complaint, Complainant, Consumer and Service Consumer Dispute Redressal Agencies : Their composition and jurisdiction Redressal of Complaints : Manner, Procedure and Limitation

Suggested Readings :

Law of Torts and Consumer : Dr. J.N. Pandey Protection Act

Law of Torts : Rattan Lal Dhiraj LalLaw of Torts : Rama SwamyLaw of Torts : R.K. BangiaThe Consumer Protection Act, 1986The Motor Vehicle Act

Consumer Protection Act (Punjabi) : Dr. Charanjit Singh

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LL.B. (Three Year Course)Second Semester

Paper-I - Environmental Law

Unit-I

- Meaning and definition of Environment ; Kinds of Pollution;- Ecology Cycles and Eco-System- Environment Protection and Religious and Cultural Heritage in India- Ozone Layer : Causes for Depletion and its Harmful Effects ; - Asian Haze or Asian Brown Cloud; Global Warming;

Constitutional Provisions and Environment Protection :- Right to life and its different dimensions relating to environment protection under

Article 21- Freedom to carry on Trade or Business (Art. 19)- Directive Principles of State Policy ( Art 39(e), 47 & 48)- Fundamental Duties (Art 51-A(g))

Role of Judiciary through Public Interest Litigation in protecting Environment as well as development of Basic Principles of Environmental Law in India.

Unit-II

Law of Tort and Judicial Remedies Statutory Remedies : Civil Procedure Code – Sec. 91 Criminal Procedure Code (Section 133) Indian Penal Code : (Sections 268,272,290, 426)Water (Prevention and Control of Pollution) Act, 1974Air (Prevention and Control of Pollution) Act, 1981

Unit-III

- Environment (Protection) Act, 1986 - Noise Pollution : Meaning, Sources, Kinds and Harmful effects ; - Right to Freedom of Speech and Expression and noise pollution; Right to Religion

and Noise Pollution; - Control of noise pollution through Legislative measures and judicial response

Public Liability Insurance Act, 1991 National Environment Appellate Authority Act, 1997

Unit-IV

Role of International Fora for the development of Basic principles of International Environmental Law; Salient features of International Documents : U.N. Conference on Human Environment, 1972, Hague and Rio Declaration on Environment.

- Anti Smoking Laws and Judicial Attitude- The Wild Life (Protection) Act, 1972 10

SUGGESTED READINGS

1. Report of the Committee for Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental Protection (Tiwari Committee Report (1981)).

2. Environment Protection Act : An Agenda for Implementation, A study under the auspices of Indian Law Institute, New Delhi, prepared by Upendra Baxi, Tripathi (P) Ltd. Pub. Bombay 1987.

3. Dr. P.S. Jaswal & Dr. N. Jaswal, Environmental Law 4. All Bare Acts relating to Environment Protection5. International Documents : Stockholm Declaration 1972, Hague Declaration on

Environment 1989 ; Rio Declaration 1992; Convention on Trans-Boundary effects of Industrials Accidents, 1992.

11LL.B. Three Year Course

Second SemesterPaper –II- Constitutional Law-II

Unit-I

Union Legislature including the SpeakerState LegislaturePrivileges of Legislature and Anti Defection Law

Unit-II

Union ExecutiveState ExecutiveLegislative Relations between Union and StatesAdministrative Relations between Union and States

Unit-III

Liability of State in Torts and ContractsEmergency ProvisionsElection Commission : Constitution Powers and Functions

Unit-IV

Freedom of Trade, Commerce and Inter-CourseServices under the Union and the States including Public Service CommissionConstitutional Provisions Relating to Tribunals and Administrative TribunalsAmendments of the Constitution including the Doctrine of Basic Structure.

Suggested Readings

: Constituent Assembly DebatesH.M. Seervai : Constitutional Law of IndiaM.P. Jain : Indian Constitution LawD.D. Basu : Introduction of ConstitutionMahendra P. Singh : V.N. Shukla’s Constitution of IndiaJ.N. Pandey : Constitutional Law of IndiaKailash Rai : The Constitutional Law of India

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LL.B (Three Year Course)Second Semester

Paper- III - Special Contracts

UNIT-I

Contract of 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.

UNIT-II

Sale of Goods Act, 1930. - Sale and Agreements to Sell (Section 4) - Contract of Sale – How made? (Section 5) - Conditions and Warranties (Sections 12 to 17) - Transfer of Property in Goods (Sections 18 to 24) - Transfer of Title (Section 27 to 30)

UNIT-III

- Performance of the Contract of Sale of Goods (Sections 31 to 37 and 42 to 44). - Unpaid Seller (Section 45) - Unpaid Seller’s Lien (Sections 47,48,49) - Stoppage in Transit (Sections 50,51,52) - Right to Resale (Sections 53,54) - Suits for Breach of the Contract (Sections 55 to 60) - Sale by Auction (Section 64)

UNIT-IV

Indian Partnership Act, 1932 - Essentials of Partnership (Sections 4,5 &6) - Implied Authority of a Partner (Sections 18,19 & 20) - Holding Out (Section 28) - Position of Minor in the law of partnership (Section 30) - Modes of Dissolution of Firm (Sections 39 to 44) - Registration of Firm (Section 56 to 59, Section 69)

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SUGGESTED READINGS

Anson’s Law of Contract : A.G. Guest (ed.) Law of Contract : Avtar Singh Law of Contract : R.K. Bangia Mulla on the Indian Contract Act : S.K. Dalal (ed.) Partnership Act and Sale of Goods Act : D.F. Mulla Principles of Mercantile Law : Avtar Singh Sales of Goods Act : R.K. Bangia Indian Partnership Act : R.K. Bangia tDih ekB{zB L vkH uoBihs f;zx

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Second SemesterPaper IV – Family Law-II

Unit-I

Adoption under the Hindu Adoptions and Maintenance Act, 1956Who may take in adoptionWho may give in adoptionWho may be taken in adoptionOther conditions and ceremonies of adoptionEffects of adoptionRelationship of adopted child

Maintenance under the Hindu Adoption and Maintenance Act, 1956Maintenance of wifeMaintenance of widowed daughter-in-lawMaintenance of Children and Aged ParentsMaintenance of DependentsAmount of Maintenance

Unit-II

Guardianship under the Hindu Minority and Guardianship Act, 1956Kinds of GuardianNatural GuardianPowers of Natural GuardianTestamentary GuardianGuardianship of minor’s propertyCustody of minorConsideration for appointment of guardian

The Family Courts Act, 1984

Unit-III

Schools of Hindu LawJoint Family and CoparcenaryClassification of Property Joint Family Property Separate or self-acquired propertyKarta of the Hindu Joint Family, its position and powersPartition

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Unit-IV

The Hindu Succession Act, 1956Devolution of interest in Mitakshara CoparcenarySuccession to Property of Hindu Male dying intestateSuccession to Property of a Hindu female dying intestateGeneral provisions relating to successionDisqualification relating to succession

SUGGESTED READINGS

Dr. Paras Diwan : Modern Hindu LawMulla : Principles of Hindu LawG.M. Divekar : Hindu LawRamesh Chander Nagpal : Modern Hindu LawMayne : Hindu LawRaghvachariar : Hindu LawKusum : Family Law Lectures-IPoonam Pradhan Saxena : Family Law Lectures-IIDr. Paras Diwan : Testamentary and Intestate SuccessionDr. Paras Diwan : Law of Adoption, Minority, Guardianship and Custody.

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LL.B. (Three Year Course)Second Semester

Paper V - Public International Law

Unit-I

1. Definition, Nature and Sanctions of observance of International Law.2. Sources of International Law 3. Treaties – Definition, Essentials, Formation, Amendment and Termination of

Treaties4. Subjects of International Law- various theories, position of individual in

International Law.

Unit-II

1. Recognition- Meaning, theories, modes of recognition, distinction between recognition of States and Governments ; legal effects of recognition and consequences of non-recognition.

2. States in general – Criteria of Statehood ; different kinds of State and Non-State Entities.

3. State Territory – Meaning and Modes of Acquisition and loss of State Territory4. Law of Sea - Territorial Sea, Continental Shelf, Exclusive Economic Zone, High

Seas.

Unit-III

1. United Nations Organisations – Main organs, Role of Security Council, Jurisdiction of International Court of Justice.

2. Diplomatic Privileges and Immunities3. Nationality, Extradition and Asylum 4. War- Definition, Movement to outlaw the war, Legal Regulation of war.

Unit-IV

1. Settlement of International Disputes- Amicable and Coercive Means.2. Concept of Aggression, Right of Self-Defence, Right of Self-Determination.3. War Crimes, Jurisdiction of International Criminal Court 4. Neutrality, Blockade, Contraband.

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SUGGESTED READINGS

1. J.G. Starke : An Introduction to International Law2. S.K. Kapoor : International Law and Human Rights3. Max Sorenson : Manual of Public International Law4. H.O. Aggarwal : International Law and Human Rights5. American Journal of International Law6. Indian Journal of International Law.

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