1 THE UNIVERSITY OF BURDWAN 5 - Year B.A. LL.B. (Hons.) Course DETAILED SYLLABUS (w.e.f. Academic Session 2020-2021 onwards) 5 yrs B.A. LL.B. (Hons) SYLLABUS (CBCS) Credit Structure (Non Clinical papers) L P T TOTAL ESC IA TOTAL 3 1 1 5 80 20 100 Credit Structure (Clinical papers) Paper Code L P T ESE IA/ Viva Voce/ Practical Total 5.9.4 1 3 0 0 30+30+30+10 100 5.10.2 1 3 0 0 45+45+10 100 5.10.3 3 1 0 60 20+20 100 5.10.4 1 3 0 0 80+20 100 Question pattern Non Clinical i) 20 marks internal ( to be decided and evaluated by the subject teacher) ii) 80 marks external (hours: 3 hrs)
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Credit Structure (Clinical papers) Paper Code L P T ESE IA/ Viva Voce/
Practical Total
5.9.4 1 3 0 0 30+30+30+10 100
5.10.2 1 3 0 0 45+45+10 100
5.10.3 3 1 0 60 20+20 100
5.10.4 1 3 0 0 80+20 100
Question pattern Non Clinical
i) 20 marks internal ( to be decided and evaluated by the subject teacher) ii) 80 marks external (hours: 3 hrs)
2
Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each) Q.2. 3 questions out of 4 (3x10) = 30 marks Q.3. 2 questions out of 4 (2x20) = 40 marks
Clinical
Paper: 5.10.3
i) 20 marks internal ( to be decided and evaluated by the subject teacher based on the report submitted)
20 marks viva voce ii) 60 marks external (hours: 2.5hrs)
Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each) (From Part A of the syllabus ) Q.2. 3 questions out of 4 (3x10) = 30 marks (From Part A of the syllabus ) Q.3. 1 questions out of 2 (1x20) = 20 marks (From Part B of the syllabus )
Papers 5.10.2, 5.10.4, 5.9.4 will be evaluated based on practical submissions and through viva voce. LCC Semester –I 80+20 Compulsory Course 5.1.1 - English-I 5.1.2 - Political Science-I 5.1.3 - Sociology -I 5.1.4 - Economics -I 5.1.5 - Law of Torts including MV accident and CP Laws 5.1.6 - Contract-I (General Principles)
5.3.3 - Political Science-IV 5.3.4 - Sociology -III 5.3.5 - Economics -III 5.3.6 - Legal Method LCC Semester – 4 Compulsory Course 80+20 5.4.1 - Political Science - V 5.4.2 - Political Science- VI 5.4.3 - Constitutional Law - I 5.4.4 - Family Law –I LHC Hons Course 5.4.5 - Media and Law LOC Optional course 5.4.6 - Right to Information LCC Semester – 5 80+20 5.5.1 - Family Law - II 5.5.2 - Law of crimes - I 5.5.3 - Constitutional law II LHC Hons course 5.5.4 - Human Rights law and Practice LOC Optional course 5.5.5 - Private International Law LCC Semester – 6 80+20 Compulsory Course 5.6.1 - Jurisprudence 5.6.2 - Property Law 5.6.3 - Law of crime II LHC Hons course 5.6.4 - Banking law 5.6.5 - Insurance Law LOC Optical course 5.6.6 - Corporate Governance Law
4
LCC Semester – 7 80+20 Compulsory Course 5.7.1 - Administrative law 5.7.2 - Labour and Industrial Law-I
5.7.3 - Law of Evidence LHC Hons courses 5.7.4 - Competition Law 5.7.5 - Information Technology and Law LOC Optional course 5.7.6 - Offences Against child and Journal offence LCC Semester – 8 80+20 Compulsory Course 5.8.1 - Labour law II 5.8.2 - Code of civil procedure and limitation 5.8.3 - Company Law LOC Hons course 5.8.4 - Patent Right creation & Registration 5.8.5 - Law of copy right
Optional course 5.8.6 - Alternative Dispute Resolution LCC Semester – 9 80+20 Compulsory Course 5.9.1 - Interpretation of statutes and principles of Legislation 5.9.2 - Humanitarian Law and Refugee Law 5.9.3 - Principles of Taxation Clinical Course 5.9.4. - Moot court exercise and internship: This paper may have three components of 30 marks each and a viva for 10 marks. (100)
a) Moot court (30marks) every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.
b) Observance of trial in two cases, one civil and one criminal (30 marks): Students may be required to attain two trials in the course of the last two or three years of LLB studies. They will maintain a record and various steps observe during their attendance on different days in the court assignments. This scheme will carry 30 marks.
5
c) Interviewing techniques and pre-trial preparations and internship diary (30marks): Each student will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of documents and court papers by the advocate and the procedure for the feeling of the suit / petition .This will be recorded in the diary which will carry 15 marks.
The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.
LCC Semester – 10 Compulsory Course 80+20 5.10.1 Public International Law
Clinical Course 5.10.2 - Clinical Compulsory course I (100 marks)
1. Drafting Pleading and Conveyance Outline of the course: (a) Drafting :-General principles of drafting and relevant substantive rules shall be taught (b) Pleadings:-
i) Civil: Plaint, written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India.
ii) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.
iii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, will, Trust Deed
iv) Drafting of writ petition and PIL petition. The course will be taught class instructions and simulation exercises, preferably with assistance of practicing lawyers/ retired judges. Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice. 5.10.3.- Professional Ethics & Professional Accounting system (100 ) Group A: The Advocates Act, 1961
Group B: Accountancy for Lawyers
Group C: 20 + 20 marks Viva Voce and submission of a report on The Advocates Act, 1961
I) Arbitration law and practice including international arbitration and arbitration rules
II) Negotiation skills to be learnt with simulated programme III) Conciliation and mediation skills IV) Legal Aid outreach programme and report submission.
The course is required to be conducted by senior legal practitioners and subject experts through simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80 + 20 respectively).
SEMESTER-I
ENGLISH –I
Paper Code - LCC 5.1.1 Total Marks – 80
Unit-I: Grammar (20 Lectures)
1. Tense
2. One-work Substitution – a) Passive b) Negatives c) Questions
3. Complex & Compound Sentences: Use of Connectives
4. Conditionals
5. Appropriate Prepositions
Unit-II: Grammatical Usages (10 Lectures)
1. Basic Transformation
2. Some Common Errors
Unit-III:-Comprehension and Composition (20 Lectures)
1. Reading Comprehension
2. Comprehension of Legal Texts
3. Paragraph and Precis writing
4. Formal Correspondence
5. Note Taking
6. Drafting of Reports and Projects
7
7. Abstracts
Unit-IV:- (10 Lectures)
1. Formal Correspondence (Business)
2. Essay Writing
Recommended Books
1. English Grammar – Wren and Martin
POLITICAL SCIENCE – I (HISTORY OF POLITICAL SCIENCE)
Paper Code - LCC 5.1.2 Total Marks – 80
Unit-I:- Greek and Roman Political Thought (15 Lectures)
1. General Features
2. Plato: Philosophy and politics; Justice ; communism
3. Plato’s Republic and Critic of democracy
4. Aristotle’s political thinking and the quest for the ideal State
5. Aristotle on Justice as rule of Law
6. Roman’s Political Philosophy, citizenship and law
Unit II:- European Thought-I (15 Lectures)
1. Emergence of European Renaissance
2. Hobbs: State of nature; Social Contract; Leviathan; atomistic individuals; State
3. Locke: Natural rights; right to dissent; justification of property
4. Rousseau: General Will; local or direct democracy; self-government; origin of
inequality
Unit-III:- European Thought-II (15 Lectures)
1. Hagel’s theory of State and his concept of freedom
2. Bentham on “greatest good for greatest number”
3. Utilitarianism and J.S. Mill
8
4. Bentham and JS Mill: A comparative Study
Unit-IV:- From Marx to Gramsci (15 Lectures)
1. Marxism: Alienation; difference with other kinds of materialism; class struggle
2. Linins contribution to the development of Marxism
3. Gramsci and his political thought
Recommended Books:
1. Gettel - History of Political Theory Sabine – A History of Political Theory
2. Amal Kumar Mukhopahahyay – Western Political Thought David Thomson (ed.)
– Political Ideas
3. George Lichtheim – A short History of Socialism Daniel Guerin – Anarchism :
From Theory to Practice
4. G. D. H. Cole – History Socialist Thought, Vol. I
5. Tapan Chattopadhyay & Dipak Kumar Das – Varieties of Socialism
6. J. V. Stalin – Foundation of Leninism
SOCIOLOGY – I (Introductory Sociology)
Paper Code - LCC 5.1.3 Total Marks – 80
Unit I :- Introductory (10 Lectures)
What is Sociology? Scope. Sociology and other social sciences.
Society and institutions; Community and Association; Groups and its Forms; Status and
Role; Culture and Society; Folkway and Mores; Custom Norms and Value.
Unit II :- Socialization (20 Lectures)
Meaning and agencies; concept of adult socialization; and anticipatory socialization.
Social process : Cooperation; competition and conflict; assimilation and
accommodation.
Social stratification
9
Characteristic and forms; social mobility; meaning and forms.
Social control
Meaning, forms and agencies.
Unit III:- Gender (15 Lectures)
Sex vs. Gender; gender differences; gender socialization.
Social change
Concept; types and factors; social progress; social development.
Unit IV : Social institutions (15 Lectures)
Functions of family; education and religion.
Book Recommended :
1. NJ Smelser- Sociology (Prentice Hall)
2. Anthony Giddens- Sociology (Polity)
3. Bottomore- Sociology: A guide to Problems and literature (Blackie & Sons India
Ltd.)
4. Guy Rocher; A general Introduction to Sociology (Academic Publisher)
ECONOMICS - I (Micro & Macro Economics)
Paper Code - LCC 5.1.4 Total Marks – 80
Unit-I (15 Lectures)
Demand analysis: determinants of demand – law of demand – why is demand curve
downward sloping – exceptions to law of demand – shift of demand curve – Elasticity of
demand: definition & measurement of price, income & cross – price elasticity of demand
– determining factors & importance of elasticity of demand.
Unit II (15 Lectures)
Theory of consumer’s behaviour : total utility & marginal utility – law of diminishing
marginal utility – law of equimarginal utility – consumer’s surplus – definition &
10
properties of indifference curve – consumer’s equilibrium with the help of indifference
curve & budget line – concept of income effect, price effect & relationship between
them.
Unit III (20 Lectures)
Concept of Inflation, Deflation and Stagflation: Inflationary Gap – Distinction between
Demand-pull and cost-push Inflation-Effects of Inflation – Anti Inflationary Monetary
and Fiscal Policy. Banking: Functions of Commercial Banks, Credit Creation –
Functions of Central Banks, Credit Control Methods.
Unit IV (10 Lectures)
Principles of Taxation: Benefit and Ability to pay Approach – Direct and Indirectly
Taxation – Regressive, Progressive and Proportional Taxation – Public Debt. Internal
and External, Burden of Debt. International Trade: Distinction between Internal and
International Trade – Basis of Trade, Absolute and Comparative Advantage – Arguments
for Free and Protection.
Book Recommended :
1. A.W. Stonier and D.C. Hague- A text Book of Economic Theory, Longman
Group, London Group London
2. Lipsey & Chrystal- An Introduction to Positive Economics.
3. Gupta S.B. – Monetary Economics, S.Chand and Co. New Delhi. Reference:
4. Bilas Microeconomic theory; Mc Graw Hill Intedn; 2ndedition
5. Hirshleifer Price Theory and Applications; Prentice Hall; 1978
6. Hal Varian Intermediate Micro-economics; Norton & Co.
7. Myneni, S.R. Principles of Economics; Allahabad law Agency; Faridabad
8. Dewett, K.K.Modern Economic Theory
LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION
LAWS
11
Paper Code - LCC 5.1.5 Total Marks – 80
Unit I:- Introduction (10 Lectures)
1. Nature, Definition, scope and goals of law of Torts
2. Essential constituents of Tort
3. Fault: Damnum sine injuria, Injuria sine damnum; Relevance of malice
4. Mental Element in Tort
5. Capacity to sue and to be sued for Tort
6. Liability: Vicarious Liability, State liability for torts,
7. Remedies; Remoteness of damages
Unit II:- Defences (15 Lectures)
1. Volenti non fit injuria
2. Vis Major
3. Inevitable accident
4. Private Defence
5. Plaintiff at fault
Unit III:- Specific Torts (15 Lectures)
1. Assault and Battery; False Imprisonment
2. Trespass,
3. Negligence-Contributory Negligence
4. Nuisance – Public & Private remedies.
5. Defamation
6. Strict liability and Absolute Liability
Unit IV: Consumer Protection Laws and The Consumer Protection Act 2019
(20 Lectures)
1. Purposes of the Act
2. Definitions
3. Consumer Redressal Agencies: District, State and National
4. Jurisdiction, powers and functions of the Consumer Redressal Agencies
5. Consumer’s rights
6. Process of filing complaint before Redressal Agencies
7. Relief under the Act
12
The Motor Vehicles Act, 1988
1. Preliminary – Sec. 1 and 2.
2. Registration of Motor Vehicles
3. Liability without fault in certain cases
4. Insurance of Motor Vehicles against Third Party Risks.
5. Claims Tribunals.
6. Offences, Penalties and Procedure
Books Recommended:
1. Bangia – Law of Torts
2. Avtar Singh – Law of Carriages
3. Avtar Singh – Consumer Protection
4. Retanlal & Dhirajlal – Law of Torts
5. Salmond – Law of Torts
6. Law of Torts – D.Basu
7. R.H. Bhatt – Consumer & the Land
8. J.N. Barowala – Commentary of the Consumer Protection Act 1986.
CONTRACT-I (GENERAL PRINCIPLES)
Paper Code – LCC 5.1.6 Total Marks – 80
Unit-I: (20 Lectures)
1. Nature and formation of contract
2. Meaning, nature and essentials of valid contract
3. Proposal/Offer: Definition and essentials of a valid offer, Invitation to offer
4. Acceptance: Definition and essentials of a valid acceptance
5. Communication of offer and acceptance
6. Revocation of offer and acceptance
13
7. Consideration : Definitions; Past, present and future consideration; adequacy of
consideration; Privity of contract and its exceptions
8. Agreement: Definitions and essentials
9. Factors vitiating free consent
10. What is free Consent?
11. Coercion
12. Fraud
13. Undue influence
14. Misrepresentation
15. Mistake
16. Legality of object
17. E-contract and its relevancy under Contract Law
Unit-II (15 Lectures)
1. Capacity of Parties and Law of Contract
i. Minor’s agreement and its relevancy
ii. Contract with Insane person
iii. Contracts with persons disqualified by law
2. Void, voidable, illegal and unenforceable agreements/contracts
3. Performance and discharge of contracts.
4. Time and place of performance
5. Doctrine of Frustration
Unit-III (15 Lectures)
1. Quasi- Contracts; Doctrine of unjust enrichment
2. Contingent Contract and wagering agreement
3. Breach of contract: Anticipated and Present; Consequences of breach
4. Remedies: Damages; Kinds; Specific Performance; injunction; Remoteness of
damages; Quantum merit
Unit-IV (10 Lectures)
14
1. Specific Relief Act, 1963: Recovering possession of property; Specific
performance of the contract; Rescission of contracts; Cancellation of instruments;
Declaratory Decrees; Injunctions.
Books Recommended:
1. Mulla – Indian Contact Act, 1872 (Student’s Edition)
2. Desai – Indian Contract Act, 1872
3. Anson – English Law of Contract
4. Cheshire and Fifoot – Law of Contract
5. Basu – Law of Contract
6. Ponnuswami & Puri – Cases & Materials on Contract
7. Dr Avtar Singh – Introduction to the Law of Contract
8. V.G. Ramchandra – Law of Contract
SEMESTER-II
English-II (English Literature)
Paper Code – LCC 5.2.1 Total Marks – 80
Unit-I:- The Merchant of Venice by William Shakespeare (15 Lectures)
1. Non – detailed study:
2. Act – I, Sc iii
3. Act – iii, Sc iii
Unit-II:- The Merchant of Venice by William Shakespeare (15 Lectures)
1. Non – detailed study
2. Phraseology & vocabulary from the said scenes – meaning in modern
15
3. English Class teaching: reading & interpretation’ Shakespearian phraseology &
vocabulary - its equivalent in modern English.
Unit III:- The Merchant of Venice by William Shakespeare (15 Lectures)
1. Detailed study:
2. Act IV, Sc I (Trail scene)
3. Context questions
4. Characterization
Unit-IV:- Justice by John Galsworthy (15 Lectures)
1. Nature of the play; Significance of the title; Galsworthy as dramatist; scene
analysis; and Character sketch
Political Science-II (Indian Political Thought and Theories)
Paper Code – LCC 5.2.2 Total Marks – 80
Unit –I (20 Lectures)
1. Nature of Indian Political Thought
2. Ancient Indian Political thought
i. Brahamanic
ii. Islamic
iii. Vedavyasa thought on Rajdharma (Shantiparva)
iv. Manu and Social laws
v. Kautilaya: Theory of State
vi. Abul Fazal: Monarchy
Unit II (15 Lectures)
1. Rajaram Mohan Roy’s concept of Rights and his Political thinking
2. Swami Vivekanand’s Ideal Society and his political thought
3. Aurbindo Ghosh and his political thought
4. Tagore: Nationalism and its critique
Unit III (15 Lectures)
16
1. MN Roy and his political thinking for India
2. Gandhi’s Swaraj and his contribution to Indian Thinkers to political theorizing of
Indian Political Thought
3. Nehru’s Secularism and his political thinking for India
Unit IV (10 Lectures)
1. BR Ambedkar’s idea on Social Justice and his political vision and thinking for
India
2. Dr. Ram manohar Lohia’s Socialism and his contribution to political thinking in
India
Books Recommended
1. Appadorai, Indian Political thinking Through ages,Khana Publishers, Delhi
2. MN Jha, Political thought in Modern India, Meenkhshi Prakashan, Meerut
3. VR Mehata, Indian Political thought, Manohar Publication
4. VP Verma, Modern Indian Political Thought, Lakshmi Narayan Agrawal
5. T. Pantham, and K. Deutsch (eds.), Political Thought in Modern India, New
Delhi: Sage Publications
6. B. Chaturvedi, ‘Dharma-The Foundation ofRaja-Dharma, Law and Governance’,
inThe Mahabharta: An Inquiry in the Human Condition, Delhi: Orient Longman
7. P. Olivelle, ‘Introduction’, in Manu’s Code of Law: A Critical Edition and
Translation ofthe Manava –Dharmasastra, Delhi: Oxford University Press
8. V. Mehta, ‘The Imperial Vision: Barni and Fazal’, in Foundations of Indian
Political Thought, Delhi: Manohar
9. C. Bayly, ‘Rammohan and the Advent of Constitutional Liberalism in India
1800-1830’, in Sh. Kapila (ed.), An intellectual History for India,New Delhi:
Cambridge University Press
10. S. Sinha, (2010) ‘Lohia’s Socialism: An underdog’s perspective’, in Economic
and PoliticalWeekly, Vol. XLV (40) pp. 51-55
Sociology-II (Social Problems in India)
17
Paper Code – LCC 5.2.3 Total Marks – 80
Unit I (15 Lectures)
1. Introduction to social problem; Social Problems and disorganisation
2. Poverty: Concept: Causes and Consequences: Strategies for Alleviating Poverty
3. Unemployment: Concept and Types: Causes and Consequences.
4. Population Explosion: Concept: Causes and Consequences: Population Policy
and Family Welfare in India.
Unit II (15 Lectures)
1. Secularism, Communalism and Communal Violence: Concept of Secularism &
Communalism, Varieties of Communalism; Problems of Communalism.
2. Corruption: Concept; Causes; Social Effects; Anti-corruption movement in India
3. Terrorism: Meaning, Causes, effects, preventive measures, possible solutions
Unit III (15 Lectures)
1. Alcoholism and Drug Addiction: Concept, Causes, Social Effects; prevention of
Alcoholism and drug addiction
2. AIDS: Concept, Causes, Social Effects.
3. Child Paedophilia: causes and prevention
Unit IV (15 Lectures)
1. Deviance among Children: Concept of Juvenile delinquency; children in conflict
with law and children in need of care and protection; Causes and Types of
deviance among Juveniles ; Preventive measures
2. Women: Violence against Women; Dowry; Status of Women.
3. Female infanticide and foeticide : Concept; causes; preventive measures and
possible solutions
Books Recommended :
1. Ram Ahuja: Social Problems in India (Rawat)
2. G.R. Madan: Social Problems in India, Allied Publisher, New Delhi
3. R. Dutta and Sundharam: Indian Economy (Chapters on Poverty, Unemployment and
Corruption)
18
4. Ram Ahuja: Society in India (Rawat)
5. Ram Ahuja: Indian Social System (Rawat).
Economics-II (Indian Economy)
Paper Code – LCC 5.2.4 Total Marks – 80
Unit-1 (20 Lectures)
1. Features and Causes of Under development of the Indian Economy.
2. National Income of India: Trend, Estimation and Distribution.
3. Population: Trends of Population Growth, Population Policies of the Govt.
4. Dualism in the Indian Economy: Poverty Line [Poverty Eradication Programmes
in India].
5. Agriculture, Causes of Low Productivity
6. Land Reforms: Meaning, Importance, Evaluation of the Programmes
Unit II (15 Lectures)
1. New Technology and Green Revolution and its effects
2. Industry: Role of Cottage, Small-scale and Large-scale Industries in India’s
Economic Development – Problems and Solutions
Unit III (15 Lectures)
1. Banking: More of Indian Commercial Banks – Credit Control Policy of Reserve
Bank of India – Money market in India.
2. Indian Public Finance: Sources of Revenue of Union and State Government –
Union-State Financial Relation.
Unit IV (10 Lectures)
1. India’s Foreign Trade: Volume and Direction of trade in the post liberalization
period.
2. Indian Planning: Achievements and failures of India’s Five-year plans.
19
Books Recommended
1. R. Dutta and K.P.M. Sundaram – Indian Economy, S. Chand and Co. New Delhi
2. S.K. Misra and V.K.Puri – Indian Economy , Himalayas Publishing Co., Mumbai
3. A.N. Agarwal – Indian Economy, Vikash Publishing Co., Delhi
4. S.B. Gupta – Menetary Planning in India, Oxford University press , Delhi.
5. P.N. Dhar – Indian Economy.
Special Contract
Paper Code – LCC 5.2.5 Total Marks – 80
Unit I (15 Lectures)
Sale of Goods Act, 1930
Unit II (20 Lectures)
Indian Partnership Act, 1932
Unit III (15 Lectures)
Indian Contract Act relating to Specific Contracts, Indemnity, Guarantee, Pledge,
Bailment and Agency
Unit IV (10 Lectures)
Specific Relief Act, 1963
Books Recommended :
1. Pollock & Mulla – Indian Partnership Act, 1932
2. M.C. Shukla – Mercantile Law
20
3. Desai – Indian Partnership Act, 1932
4. Kapoor - Mercantile Law
5. Indian Partnership Act, 1932
6. Sale of Goods Act, 1930
ENVIRONMENTAL LAW
Paper Code – LCC 5.2.6 Total Marks – 80
Unit I (15 Lectures)
U.N. Stockholm Declaration 1972, Rio-Declaration 1992, Johannesburg
Declaration 2002 – Basic principles evolved.
Environment Policy in India – Constitutional mandates, Enlargement of interpretation of
Article 21 of the Constitution.
Unit II:- Environment (Protection) Act, 1986 (15 Lectures)
Definitions and other provisions of the Act.
Unit III:- Air (Prevention and Control of Pollution) Act, 1981 (20 Lectures)
Definitions and other provisions of the Act.
Water (Prevention and Control of Pollution) Act, 1974
1. Definitions and other provisions of the Act.
2. Administration and functioning of Pollution Control Board:
a. For human being pertaining to water, Air, Noise & Nuclear radiation.
b. For non human being pertaining to wild life, land use, irrigation, forests etc.
Unit IV (10 Lectures)
1. Laws relating to the role of Courts to protect environmental pollution –
Enlargement of locus standi and concept of Public Interest litigation; Principles
evolved.
2. Legal sanctions and strategies to Control pollution – with reference to E.P. Act,
Water Act, Air Act & Public Liability Insurance Act, 1991
21
3. National Environment Tribunal Act, 1995.
4. Prevention of cruelty to Animals Act 1960.
5. Wild Life (Protection) Act 1972.
Books Recommended :
1. Paras Diwan & Parag Diwan – Environment Management, Law &
Administration.
2. P. Leelakrishnan – Environment and the Law
3. Biswajit Mukherjee – Law and Environment
4. K. Thakur - Environment Protection Law & Policy in India
5. Armin Rosencranz, Shyam Diwan, Marth L, Noble – Environment Law and
policy in India – Cases, Materials and Statutes.
6. Ball and Bell – Environment Law
SEMESTER-III
Compulsory Course
English-III (LEGAL LANGUAGE – II)
Paper Code – LCC 5.3.1 Total Marks – 80
Unit-I:- General Requirements of Deeds Transfer (Legal writing) (20 Lectures)
1. Description of the Deed and the terms by which each part is described.
Registration of Deeds.
2. Delivery of Deeds.
3. Arrangement of different parts of deed.
Unit-II:- Concept and Definition (15 Lectures)
1. Grant of receipt. Deed of Lease Agreement of Sale
22
2. Deed of Conveyance of and
Unit-III (10 Lectures)
Characteristic of will and requisites of a valid will
Unit-IV:- Drafting of Notice (15 Lectures)
1. Suit against Government
2. Tenant to Landlord for repairing of the premise. Land Lord to tenant for
conversion.
3. Demand for repayment of loan or mortgaged money. Public notice for sale of
business or property.
4. Assignment of debt. Claim of Compensation. Removal of nuisance.
5. (Practices to test the writing Capacity in English)
Book Recommended :
1. Conveyancing by Desouza 10.Indian Conveyance of Mogha
Rule -making power : High Court, Central Government
Books Recommended
1. P.C. Rao – Alternate Dispute Resolution
2. S. K. Roy Choudhury and H.K.Saharay – Law of Arbitration and Conciliation
3. Tiwari – Arbitration and Conciliation Act
4. Dr. A. Sen – LokAdalat, Arbitration, Conciliation and ADR. Arbitration and
Conciliation Act 1996
Semester-IX
Paper Code – LCC 5.9.1 Total Marks – 80
INTERPRETATION OF STATUTES AND
PRINCIPLES OF LEGISLATION
Unit-I (15 Lectures)
Meaning of the term ‘statute’ , ‘interpretation and construction of statutes’
Internal aids – Title, Preamble; Heading and Marginal notes; Sections
and sub-sections, Punctuation marks, Illustrations, exceptions,
provisos and saving clause; Schedules, Non-obstante clause
External aids – Dictionaries, Translations, Travaux repertoires, Statutes in
pari material Contemporanea Exposito, Debates, inquiry commissions reports
and Law Commission Reports.
Unit-II (20 Lectures)
73
Presumptions in statutory interpretation – Statutes to be read as a
whole, intention of legislature predominates, statutes are territorial in
operation, presumption as to jurisdiction, technical words in technical
sense, words to be construed in popular sense,Prospective operation
of statutes
Basic rules of interpretation: Literal rule, Golden rule,
Mischief rule (rule in the Heydon’s case)
Rule of harmonious construction
Unit-III (15 Lectures)
Maxims of Statutory Interpretation
i) Noscitur a sociis,
ii) Ejusdem generis;
iii) Reddendo singular singulis
iv) Delegatus non potest delegare
v) Expressio unius exclusion alterius
vi) Generalia specialibus non derogant
vii) In pari delicto potior est condition possidentis
viii) Utres valet potior quam pareat
ix) Expressum facit cessare tacitum In bonam partem
x) Casus omissus
Construction of – Taxing statutes, Penal statutes; Welfare Legislation, Interpretation of enabling statutes
Principles of Constitutional Interpretation
Doctrine of pith and substance Colourable legislation Ancillary powers, Residuary power, Doctrine of repugnancy
Unit IV (10 Lectures)
74
Principles of Legislation: Meaning of legislation, kinds, Commencement, Repeal and Revival of legislation
General Clauses Act, 1897 (sec 2,3,5-9, 12-13, 17-19, 26-27)
Books Recommended :
1. G.P. Singh, Principles of Statutory Interpretation 2. Maxwell on The Interpretation of Statutes 3. V. Sarathi, Interpretation of Statutes 4. N. S. Bindra’s Interpretation of Statutes
Humanitarian Law and Refugee Law
Paper Code – LCC 5.9.2 Total Marks – 80
Unit –I (15 Lectures)
Concept , history and Origin of International Humanitarian Law
Development of International Humanitarian Law
ICRC and its Role in Development of International Humanitarian Law
Principles of “jus in bello” Concept and Principle of “jus ad bellum”
Doctrine of Military Necessity and Principle of Humanity
Concept of Civilian and Combatants
Unit II (15 Lectures)
The Geneva Convention I- Protection and Care of Wounded and Sick Members of
Armed Forces in Field,
The Geneva Convention II Protection and Care of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea,
The Geneva Convention III -the Treatment of Prisoners of War,
The Geneva Convention-IV Protection of Civilians
Unit III (15 Lectures)
Armed Conflicts
a) Internal armed conflict
b) International armed conflicts
c) Non-international armed conflicts
Unit IV: (15 Lectures)
Enforcement Machinery
75
a) International Criminal Court
b) ICRC
Books Recommended
1. Ingrid Detter, The Law of War, (Cambridge, 2000)
2. Roberts and R. Guelff, eds. , Documents on the Laws of War (Oxford, 2000)
3. Legality of the Threat or Use of nuclear weapons, Advisory Opinion, ICJ Reports
(1996)
4. M.K. Balachandran and Rose Verghese (eds.) – International Humanitarian Law
ICRC (1997)
PRINCIPLES OF TAXATION
Paper Code – LCC 5.9.3 Total Marks – 80
Unit – 1 (20 Lectures)
1. Basic concepts and Definitions under Income Tax Act
(a) Basic Concept – Direct and Indirect Tax, Sources of Income Tax Law in
India, Basic Principles of charging income tax, Diversion and Application
of income, Res-judicata principles in taxation law, Exemption and
Deduction, Tax evasion, Tax Avoidance, Tax Planning, Rate or Rates of
Tax, CBDT.
(b) Important Definition – Person, Assessee, Assessment Year, Previous
Year, Income, Sources of income, Heads of income, Gross total income,
Total income, Casual income, Capital assets, Capital Receipts and
Revenue Receipts, Capital Expenditure and Revenue Expenditure,
Infrastructure Capital Company and Infrastructure Capital Fund.
2. Residential Status and Incidence of Tax – Residential status of an individual
only.
3. Income exempt from tax - (Section 10)
4. Agricultural Income – Meaning, Instances of agricultural income and non-
agricultural income, Treatment of partly agricultural income, Assessment of tax
liability when there are both Agricultural and non-agricultural income.
Unit– 2 (15 Lectures)
76
1. Computation of Taxable Income of Individual – Salaries and Income from
House property (only concepts and simple problems).
2. Deductions from Gross Total income – Basic concepts, deductions u/s
80C,80CCC,80D, 80DD, 80DDB, 80E, 80G and 80TTA.
3. Tax Management –
(a) Provision for Filing of Return – Date of filing of return, Different types
of returns, Return by whom to be verified, PAN, TAN.
(b) Procedure of Assessment – Self assessment, Summary assessment,
Scrutiny assessment, Best judgement assessment.
(c) Preliminary ideas of - deduction and collection of tax at source, Advance
Tax, Refund of Tax.
(d) Appeals and Revision, Penalties and Prosecutions.
Unit – 3 (15 Lectures)
Goods and Services Tax (GST)
1. Overview of GST –Concept, Constitutional Background, Objectives, Salient
features, Structure and types of GST, taxes Subsumed into GST, Taxes not
Subsumed into GST, Advantages and disadvantages of GST, GST Council,
supply,Mixed supply, Inter-state supply & Intra-state supply of goods,
Zero rated supply (basic concepts only).
(b) Time of Supply –Need for determination, Time of Supply of goods and
time of supply of services – provisions in relation to forward and reverse
charge only.
(c) Value of Supply – Transaction value as the basis for valuation; Inclusion
and exclusion of items for computation of value of supply under
transaction value, Value of supply inclusive of GST.
(d) Place of Supply – Need for ascertainment only.
(e) Levy of GST – Levy and collection under CGST Act, IGST Act and
UTGST Act.
4. Input Tax Credit, Registration and Composition Scheme under GST.
(a) Tax Invoice – Meaning; Importance, Time of issue tax invoice, Contents
of a tax invoice; Bill of Supply (basic concepts only)
77
(b) Input tax credit – Meaning, Eligibility and condition for taking input tax
credit; Utilisation of input tax credit (Simple problem).
(c) Registration – Need and advantages of GST registration, Persons liable
for registration, Procedure for registration.
(d) Composition Scheme – Meaning, Applicability and rate, Eligible person,
Conditions and restriction under the composition scheme, Benefits of
composition scheme.
(e) Payment of Tax.
Unit – 4 (10 Lectures)
Customs Duty
1. Basic concepts, Nature and basic features of customs duty, charge of customs
duty.
2. Definition of certain terms – Dutiable goods, Indian Customs Water, Goods,
Coastal goods, Customs area, Territorial water.
3. Taxable event for import and export of goods.
4. Valuation of Customs duty.
Suggested Readings:
1. Taxmann : Direct Taxes – Law and Practice.
2. Taxmann : Indirect Taxes – Law and Practice.
3. Systematic Approach to Taxation – G.Ahuja&R.Gupta : WaltersKluwer.
4. Income tax with Indirect tax – S.Mundhra&V.Mundhra : Law Point
MOOT COURT EXERCISE AND INTERNSHIP
Paper Code – LCC 5.9.4 Total Marks – 100
This paper may have three components of 30 marks each and a viva for 10 marks.
d) Moot court (30marks) every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.
e) Observance of trial in two cases, one civil and one criminal (30 marks): Students may be required to attain two trials in the course of the last two or three years of LLB studies. They will maintain a record and various steps observe
78
during their attendance on different days in the court assignments. This scheme will carry 30 marks.
f) Interviewing techniques and pre-trial preparations and internship diary (30marks): Each student will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of documents and court papers by the advocate and the procedure for the feeling of the suit / petition .This will be recorded in the diary which will carry 15 marks.
The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.
Semester-X
Public International Law
Paper Code – LCC 5.10.1 Total Marks – 80
Unit-I (10 Lectures)
Nature, Definition and Scope,
Origin and Basis of International Law.
Differences between Public & Private International Law
Unit-II (20 Lectures)
Sources of International Law. (International Customs, International Treaties,
General Principles of Law, Judicial Decisions & Juristic Works, Resolutions of
General Assembly)
Subjects of International Law.
Realistic Theory- Fictional Theory- Functional Theory
International Law and Municipal Law.
Unit-III (20 Lectures)
Recognition
State (Concept, Jurisdiction, Responsibility and Succession)
Nationality
Asylum and Extradition
79
Treaties.
Unit-IV (10 Lectures)
United Nations – Purposes, Principles, and Membership.
The Principal Organs of the UN.
Books Recommended :
1. J.G. Starke – Introduction to International Law.
2. Gurdip Singh – International Law.
3. S.K. Kapoor – International Law.
4. H.O. Agarwal – International Law.
5. D.J. Harris – Cases and Materials on International Law.
Drafting Pleading and Conveyance
Paper Code – LCC 5.10.2 Total Marks – 100
Outline of the course: (a) Drafting :-General principles of drafting and relevant substantive rules shall be taught (b) Pleadings:-
v) Civil: Plaint, written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India.
vi) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.
vii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, will, Trust Deed
viii) Drafting of writ petition and PIL petition. The course will be taught class instructions and simulation exercises, preferably with assistance of practicing lawyers/ retired judges. Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice.
80
Professional Ethics & Professional Accounting system
Paper Code – LCC 5.10.3 Total Marks – 80
Group A: 40 marks (25 Lectures)
1. The Advocates Act, 1961 2. Contempt of Court
Group B: 20 marks (15 Lectures)
Accountancy for Lawyers Group C: 20 + 20 marks Viva Voce and submission of a report on The Advocates Act, 1961
Alternative Dispute Resolution
Paper Code – LCC 5.10.4 Total Marks – 100
Outline of the course:
V) Arbitration law and practice including international arbitration and arbitration rules
VI) Negotiation skills to be learnt with simulated programme VII) Conciliation and mediation skills VIII) Legal Aid outreach programme and report submission.
The course is required to be conducted by senior legal practitioners and subject experts through simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80 + 20 respectively). Seminars, Workshops, Practical training may be conducted.