THE UNIVERSITY OF BURDWAN · Demand analysis : determinants of demand – law of demand – why is demand curve downward sloping – exceptions to law of demand – shift of demand

THE UNIVERSITY OF BURDWAN 5 - Year B.A. LL.B. (Hons.) Course

(Introduced from the Academic Session 2009-2010 onwards)

DETAILED SYLLABUS

SEMESTER – I Paper – 5.1.1 Total Marks - 100

GENERAL ENGLISH Grammar: 20 Marks A. Sentences (Clauses Their Phrase Structure) i-Tense ii-Basic Transformation iii-One-work Substitution – a) Passive b) Negatives c) Questions B. Complex & Compound Sentences: Use of Connectives C. Conditionals D. Some Common Errors E. Appropriate Prepositions. Comprehension: 30 Marks Formal Correspondence (Business): 30 Marks Essay Writing: 20 Marks Questions are to be set from all units as compulsory.

Paper – 5.1.2 Total Marks -100

POLITICAL SCIENCE – I (HISTORY OF POLITICAL SCIENCE)

1. General Features of Greek Political order and civil society

2. General Features of Roman Political thought with special reference to citizenship and law

3. Emergence of European Renaissance

4. Hobbs doctrine of supremacy of state power; his contribution to the foundation of science of materialist politics.

5. Locke; his theories of rights and resistance, consent and legislative Supremacy

6. Rousseau’s concept of general will, political significance of the

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French Revolution.

7. Hagel’s theory of state and his concept of freedom.

8. Contribution if Bentham and J.S. Mill

9. Emergence of Marxism ; its historical and theoretical roots.

10. Lenins contribution to the development of Marxism Recommended Books:

Gettel - History of Political Theory

Sabine – A History of Political Theory

Amal Kumar Mukhopahahyay – Western Political Thought

David Thomson (ed.) – Political Ideas

George Lichtheim – A short History of Socialism

Daniel Guerin – Anarchism : From Theory to Practice

G. D. H. Cole – History Socialist Thought, Vol. I

Tapan Chattopadhyay & Dipak Kumar Das – Varieties of Socialism

J. V. Stalin – Foundation of Leninism

Five questions are to be answered out of ten.


SOCIOLOGY - I (INTRODUCTORY SOCIOLOGY)

1. Introductory: What is Sociology? Scope. Sociology and other social sciences.

2. Basic concept in Sociology: Society and institutions; Community and Association; Groups and its Forms; Status and Role; Culture and Society; Folkway and Mores; Custom Norms and Value.

3. Socialization: Meaning and agencies; concept of adult socialization; and anticipatory socialization.

4. Social process: Cooperation; competition and conflict; assimilation and accommodation.

5. Social stratification: Characteristic and forms; social mobility; meaning and forms.

6. Social control: Meaning, forms and agencies.

7. Gender: Sex vs. Gender; gender differences; gender socialization.

8. Social change: Concept; types and factors; social progress; social development.

9. Social institutions: Functions of family; education and religion.

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Book Recommended :

NJ Smelser- Sociology(Prentice Hall)

Anthony Giddens- Sociology(Polity)

Bottomore- Sociology: A guide to Problems and literature (Blackie & Sons India Ltd.)

Guy Rocher; A general Introduction to Sociology (Academic Publisher) Five questions are to be answered out of ten.


ECONOMICS - I

(MICRO & MACRO ECONOMICS) Group A – General Principles 40 Marks 1. 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.

2. Theory of consumer’s behaviour : total utility & marginal utility – law of diminishing marginal utility – law of equimarginal utility – consumer’s surplus – definition & properties of indifference curve – consumer’s equilibrium with the help of indifference curve & budget line – concept of income effect, price effect & relationship between them.

Group B – Macro economics 60 Marks 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.

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.

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Two questions are to be answered out of four from Group – A & three questions out of six from Group - B.

Paper – 5.1.5 Total Marks -100 LAW OF CONTRACT

Fundamental basis of the Law of Contract

Formation of Contract and the Fundamental rules relating to the agreement with special reference to Indian and English Law, (Sec. 2 to Sec.9 of the Indian Contract Act, 1872)

Essential conditions of a contract with special reference to Indian and English Law , (Including chapters on minor, consideration free consent and vitating factors; void, Illegal agreement, voidable contract etc., with detailed studies on general and specific rules thereof : (Sec. 10 of Sec.30).

Contigent Contract (Sec. 31- Sec. 36)

Discharge of Contract (Sec.37 to Sec. 75). The chapter includes rules of performance, quasi contracts, doctrine of frustration, breach of contract and remedies thereof, etc.

Books Recommended:

Mulla – Indian Contact Act, 1872 (Student’s Edition)

Desai – Indian Contract Act, 1872

Anson – English Law of Contract

Cheshire and Fifoot – Law of Contract

Basu – Law of Contract

Ponnuswami & Puri – Cases & Materials on Contract

Dr Avter Singh – Introduction to the Law of Contract

V.G. Ramchandra – Law of Contract Five questions are to be answered out of ten.


LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS

Law of Torts : 60 Marks 1. Nature and Principles of Tort : Historical development of Laws of

Torts and applicability in India. Basic foundation of Law of Torts, Meaning, Ingredients, Relevancy of Mens Rea & Malice, , Felonious & Foreign Tort, Constituents of Tortuous liability.

2. Immunity from tortuous liability – Partial and Total in the Context of minority, husband and wife relationship, married women, Sovereign

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immunity and Act of State. 3. Justification – Inevitable accident, Act of God, Statutory Authority,

Volenti-non fit injuria. 4. Vicarious liability – By relation and ratification – Doctrine of Course

of employment, Common employment, Independent Contractor. 5. Remedies & Damages : Judicial & extra-judicial remedies Direct &

consequential Cause, Remoteness test 6. Special Torts : (a) As to person – Assault, Battery, Mayhem & False

imprisonment, Malicious Prosecution Deformation, (b) As to Property: Trespass, Trespass ab-intio, (c) As to Person & Property-Negligence-Contributory Negligence, Test of Standard of care, Defences Nuisance – Public & Private remedies.

Consumer Protection Laws: 20 Marks

The Consumer Protection Act 1986, Sec.2,9-27.

The Motor Vehicles Act, 1988 : 20 Marks 1. Preliminary – Sec. 1 and 2. 2. Registration of Motor Vehicles – Sec.39, 43, 50 and 55. 3. Liability without fault in certain cases – Sec.140, 141 and 142. 4. Insurance of Motor Vehicles Against Third Party Risks – Sec.

163A. 5. Claims Tribunals – Sec.165, 173 and 175. 6. Offences, Penalties and Procedure – Sec.177, 180, 183, 184,

185, 195, 196 and 208.

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.

Three questions out of six are to be answered from law of torts & one question each out of two from Consumer Protection laws & Motor Vehicles Act.

SEMESTER – II

Paper –5.2.1 Total Marks -100

ENGLISH – I (English Literature)

1. The Merchant of Venice by William Shakespeare Marks – 50 a) Non – detailed study : Act – I, Sc iii Act – iii, Sc iii Phraseology & vocabulary from the said scenes – meaning in modern

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English Class teaching : reading & interpretation’ Shakespearian phraseology & vocabulary --------- its equivalent in modern English. b) Detailed study : Act IV, Sc I (Trail scene) Context questions : Two questions (Extracts from the scene & brief questions, Answers to be limited to 3 to 5 simple sentences) Characterization : One question 2. Justice by John Galsworthy Marks – 50 Two questions with alternatives. Nature of the play; Significance of the title ; Galsworthy as dramatist; scene analysis; Character sketch; any other as decided. Context questions : (Extract from play & short questions.)

Paper – 5.2.2 Total Marks - 100

POLITICAL SCIENCE II

(INDIAN POLITICAL THOUGHT)

1. Ancient Indian Political Thought : Features; Kautilya’s contribution (with special reference to theory of ‘Saptanga’ and the concept of ‘Dandaniti’.

2. Rammohun Roy, Syed Ahmed Khan : their perception of British Colonial Rule and role as Modernizers.

3. Aurobindo : Nationalism and Theory of Resistance.

4. Gandhi : Philosophy of Politics.

5. Nehru : Socialism and Democracy.

6. Subhas Bose : Nationalism : Alternative Model.

7. M N Roy : Neo-humanism.

8. Savarkar and Jinnah : Religious Nationalism.

9. Tagore : State, Society and Nation.

10. Ambedkar : Social Justice.

Books Recommended :

1. T Panthan and K Deutsch (ed.), Political Thought in Modern India, (Sage Publications, New Delhi).

2. V P Verma, Modern Indian Political Thought.

3. ___, Hindu Political Thought.

4. R S Sharma, Aspects of Political Ideas and Institutions in Ancient India.

5. P R Tripathy, The State and Religion in Mughal India.

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6. K A Nizami (ed.), Politics and Society during the Early Mediaeval Period.

7. Amales Tripathy, The Extremist Challenge.

8. U R Mehta, Foundation of Indian Political Thought (Manohar, New Delhi).

9. B Parekh, Gandhi (OUP, Oxford).

10. K N Kadam (ed.), Dr B R Ambedkar (New Delhi).

11. A T Embrece and Stephen Hay, Source of Indian Tradition, vols. I & II.

12. Debesh Roy Choudhury and Tarun Banerjee (ed.), Colonial India:Ideas and Movements.

13. Irfan Habib and A Alzahuddin, Political Theory of Delhi Sultanate.

14. B R Nanda, Gandhi and His Critics. Five questions are to be answered out of ten.

Paper – 5.2.3 Total Marks – 100

SOCIOLOGY - II (SOCIAL PROBLEMS IN INDIA)

1. Poverty: Concept: Causes and Consequences: Strategies for Alleviating Poverty

2. Unemployment: Concept and Types: Causes and Consequences.

3. Population Explosion: Concept: Causes and Consequences: Population Policy and Family Welfare in India.

4. Secularism, Communalism and Communal Violence: Concept of Secularism & Communalism, Varieties of Communalism; Problems of Communalism.

5. Corruption: Concept, Causes, Social Effects.

6. Drug Addiction: Concept, Causes, Social Effects.

7. AIDS: Concept, Causes, Social Effects.

8. Child Abuse and Child Labour, Policy on Child Labour.

9. Women: Violence against Women; Dowry; Status of Women. Books Recommended :

1. Ram Ahuja: Social Problems in India (Rawat)

2. G.R.Madan: SocialProblems in India.

3. R.Dutta and Sundharam: Indian Economy (Chapters on Poverty, Unemployment and Corruption)

4. Ram Ahuja: Society in India (Rawat)

5. Ram Ahuja: Indian Social System (Rawat). Five questions to be answered out of ten.

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ECONOMICS - II (INDIAN ECONOMY)

1. Features and Causes of Underdevelopment 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

7. New Technology and Green Revolution and its effects

8. Industry: Role of Cottage, Small-scale and Large-scale Industries in India’s Economic Development – Problems and Solutions

9. Banking: More of Indian Commercial Banks – Credit Control Policy of Reserve Bank of India – Money market in India.

10. Indian Public Finance: Sources of Revenue of Union and State Government – Union-State Financial Relation.

11. India’s Foreign Trade : Volume and Direction of trade in the post liberalization period.

12. Indian Planning : Achievements and failures of India’s Five-year plans.

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. Five questions are to be answered out of ten.

Paper – 5.2.5 Total Marks – 100 FAMILY LAW – I

Textual Hindu Law 20 Marks Sources of Hindu Law, Hindu Joint Family System and Copercenary, General Principles of succession under the Dayabhaga and the Mitakshara systems, women’s property and stridhana.

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Distinction between Dayabhaga and the Mitakshara systems and effect of modern statutes. Statutory Hindu Law

1. Hindu Marriage Act, 1955 20 Marks

2. Hindu Succession Act, 1955 20 Marks

3. Hindu Adoption and Maintenance Act, 1956 and

Hindu Minority and Guardianship Act, 1956 20 Marks

4. Special Marriage Act, 1954 20 Marks Books Recommended :

Mulla – Hindu Law

S.K. Mitter – Hindu Law

Venkatraman – A Treatise on Hindu Law

Derret – Modern Hindu Law

Hindu Marriage Act, 1955

Hindu Succession Act, 1956

Hindu Minority and Guardianship Act, 1956

Hindu Adoptions and Maintenance Act, 1956

Jhabvala – Hindu Law

Paras Diwan – Modern Hindu Law

S.S.Singh – Unification of Divorce Laws in India

Tahir Mohamood – Hindu Law

Desai – Hindu Law One question out of two are to be answered from Textual Hindu Law & one out of two from Hindu Marriage Act, one out of two from Hindu Succession Act and one out of two from Hindu Adoption and Maintenance Act., 1956 and Hindu Minority and Guardianship Act, 1956, one out of two from special Marriage Act.

Paper – 5.2.6 Total Marks – 100 SPECIAL CONTRACT

1. Sale of Goods Act, 1930 Marks 20

2. Indian Partnership Act, 1932 Marks 60

3.Indian Contract Act relating to Specific Contracts

Indemnity, Guarantee, Pledge, Bailment and Agency. Marks 20

Books Recommended:

1. Pollock & Mulla – Indian partnership Act 1932

2. M.C. Shukla – Mercantile Law

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3. Desai – Indian Partnership Act

4. Kapoor – Meracntile Law

5. Indian Partnership Act, 1932

6. Sale of Goods Act, 1930 One question out of two are to be answered from sale of goods, three questions are to be answered out of six from partnership, one question out of two are to be answered from remaining part.

SEMESTER – III Paper – 5.3.1 Total Marks -100

ENGLISH – II

(Legal Language I)

Group A : 50 Marks

Meaning of Legal Terms (In English) and making sentences :

● Adidem ● Adinterim ● Adjourn Sine Die ● Ad Valorem ● Agnate ●

Alimony ● Animus Possidendi ● Approbate and Reprobate ● Appurtenances

● Authentication ● Ab-initio ● Act of God ● Affidavit ● Amicus Curiae ●

Attorney ● Barratry ● Blockade ● Bail ● Bailment ● Bye Laws ● C.I.F.

Contract ● Causus Omissus ● Cestui qui Trust ● Certiorari ● Charge ●

Circumstantial Evidence ● Codicil ● Common Law ● Complainant ●

Consensus Ad Idem ● Corroboration ● Costs ● Counsel ● Counter claim ●

Courts of Record ● Crime ● Cross Examination ● Culpable Homicide ●

Custody ● Darpatni ● Dejure ● Denovo ● De- Facto ● Del Credere ● Double

Jeopardy ● Ex-Post Facto ● Ejusdem Generis ● Eminent Domain ●

Encumbrance ● Ex Parte ● Feme Sole ● Fiduciary ● Foreclosure ●

Gratuitous ● Habeas Corpus ● Hearsay ● Honoris Causa ● Hostile Witness

● Hypothecation ● In Camera ● Injunction ● Inter Alia ● In Toto ● Injuria ●

Inter Se ● Ipso Facto ● Judgement ● Khas Dakhal ● Lex Fori ● Lex Loci ●

Laches ● Laissez Faire ● Leading Question ● Lien ● Liquidated Damages ●

Locus Standi ● Market Overt ● Mukarari ● Malicious Prosecution ●

Mandamus ● Mens Rea ● Modus Operandi ● Pari Passu ● Pendente Lite ●

Power of attorney ● Pre – Emption ● Prima facie ● Quo Warranto ● Ratio

Decidendi ● Respondent Superior ● Sine Die ● Soverign Immunity ● Suo

Moto ● Tortfeasor ● Ultra vires ● Vicarious Liability ● Writ ● Warrant

Group B : 50 Marks

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Meaning of the Maxims in English:

● Absoluta Sententia Expositore Non Indiget

● Accusare Remo Se Debet

● Vis Major

● Actio Personalis Moritur Cum Persona

● Actus Non Facit Reum, Nisi Mens Sit Rea

● Aequitus Sequitur Legem

● Causa Proxima Non Remota Spectatur

● Commodum Ex Injuria Sua Nemo Habere Debet

● Delegatus Non Potest Delegare

● Electio Semel Facta Non-Petitur Regressum

● Executio Juris Non Habet Injuriam

● Ex-Turpi Causa Non Oritur Actio

● Factum Valet Quod Fieri Non Debuit

● Ignorantia Judicis Est Calamitas Innocentis

● In Propria Causa Nemo Judex

● Interest Reipublicae Ut Sit Finislitium

● Ignorantia Legis Juris Neminem Execusat

● Plus Valet Unusoclatus Testis Quam Auriti Decem

● Qui Facit Per Alium Facit Per Se

● Ratihabitio Mandato Aequiparatur

● Sic Uteri Tus Ut Alienum Non Leadas

● Ut Res Magis Valeat Quam Pereat

● Vigilantibus Non Dormientibus Jura Subveniunt

● Res Judicata Pro Veritate Accipitur

● Solo Cedit Quicuid Solo Plantatur

● Ubi Jus Ibi Remedium

● Salus Populi Suprema Lex

Books Recommended :

1. Conveyancing by Desouza

2. Indian Conveyance of Mogha

3. Mitra’s Legal and Commercial Dictionary

4. Thorton : Legilative drafting (Chap. 6-8, 13)

5. Prof. Amit Sen, Legal Language, Legal Writing and Legal Drafting

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6. Black’s Law Dictionary

7. Wharton Law Lexcicon

8. Strout’s Judician Dictionary


POLITICAL SCIENCE III

(POLITICAL THEORY)

1. Definition, Nature, Declining of Political theory and Resurgence from 1970s.

2. Different approaches: (a) Traditional, (b) Marxist and (c) Behavioural with special reference to David Easton’s system analysis.

3. The concept of State Sovereignty: (a) Monistic,, (b) Pluralistic and (c) Popular.

4. Rights, Liberty and Equality : Meaning and their inter-relationship. Rawl’s concept of Justice.

5. Ideology: Meaning and its variants – (a) Anarchism, (b) Fascism and (c) Liberalism and Neo-liberalism.

6. Socialism – its variants: (a) Utopian, (b) Scientific and (c) Democratic (basic tenets).

7. Theories of the State: (a) Idealist, (b) Marxist and (c) Gandhian.

8. Gramsci: concept of hegemony.

9. Concept of Democracy: Liberal and Marxist. Books Recommended: 1. David Marsh and Gerry Stoker, Theory and Methods in Political Science

(Macmillan, London). 2. Stephen Wasby, Political Science : The Discipline and its Dimensions. 3. A R Ball, Modern Politics and Government. 4. N P Barry, Introduction to Modern Political Theory (Macmillan, London). 5. R Dahl, Modern Political Analysis (Prentice Hall, Englewood Cliffs, NJ). 6. Madan G Gandhi, Modern Political Theory. 7. G Pontor and P Gill, Introduction to Politics. 8. Andrew Heywood, Basic Concepts. 9. Tom Bottomore, A Dictionary of Marxist Thought. 10. S P Verma, Modern Political Theory (Vikas, New Delhi). 11. P Gauba, An Introduction to Political Theory (Macmillan, Delhi). 12. John Gray, Liberalism (Buckingham Open University Press). 13. David Hel, Political Theory and the Modern State (Polity Press, Cambridge,

England). 14. S Ramaswamy, Political Theory : Ideas and Concepts (Macmillan, Delhi). 15. L P Basadat, Political Ideologies : Their Origins and Impact (Prentice Hall,

Englewood Cliffs, NJ). 16. R N Barki, Socialism (John Dent and Sons, London). 17. C Funddertunk and R G Thobaben, Political Ideologies : Left, Centre and

Right (Collins College Pub, Harper, New York).

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ECONOMICS-III (INDIAN ECONOMIC DEVELOPMENT AND POLICY)

Economics of Development

1. Concepts of Economic Development and Growth 2. Factors of Economic Growth – Economic and Non-economic 3. Obstacles of Economic Development 4. Inequalities of income

Issues in Economic Development 1. Debate on State vs. Markets 2. Public vs. Private Sectors 3. Economic Planning in India-meaning and significance of planning, size of the plans, strategy of the plans, pattern of resource allocation, assessment of performance during plans 4. Infrastructure and development

International Trade 1. Free Trade and Protection 2. Fixed and Flexible Exchange Rates 3. Balance of Trade and Balance of Payments 4. International Institutions- IMF, WB, WTO

Liberalization, globalization and related issues 1. New Economic Policy- Structural Adjustment Programme (SAP) 2. Second Generation Reforms 3. Regional Trading Blocks and Bilateral Trade Treatise 4. SEZ, FDI, Inclusive Growth

Books Recommended : 1. Todaro, M. Economic Development in the Third World; 2. Myint, H. The Economics of Developing Countries; 3. Economic Survey- Latest Issue 4. Jhingan, M.L. Development Economics; 5. Dhingra, I.C. Indian Economy; 6. Mishra, S.K. and V.K. Puri Indian Economy; Himalaya Publishing House; 7. Mathur, B.P. Public Enterprise Management; 8. Myneni, S.R. Indian Economics; Allahabad Law Agency; Faridabad Five questions are to be answered out of ten.

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Paper –5.3.4 Total Marks -100

SOCIOLOGY - III (SOCIOLOGY AND LAW)

1. Social Basis of Law

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

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

3. Social Control a. Social Control- its meaning; mechanisms and agents of social

control, functions and dysfunctions of social control b. Distinction between formal and informal social control c. Informal Agencies of social control-customs, folkways, mores and religion d. Formal Agencies- public opinion, media, propaganda and law

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

organized crime, sex crimes, environmental crime, cyber crimes c. Issues of domestic violence and juvenile delinquency d. Some important theories of deviance-biological, psychological,

anomie, sub-culture, learning and social disorganization

Books Recommended : 1. Harlambos, M. Sociology: Themes and Perspectives; Oxford

University Press, 1980 2. Bottomore, T.B. Sociology: A Guide to Problems and Literature;

Blackie and Sons India Ltd; 1971 3. Horton. P.b. and C.L. Hunt Sociology; McGrew- Hill book Company,

Singapore, 1984. 4. Giddens, A. Sociology; Polity Press, UK; 1993 5. Prasad, S.K. Social Problems in India; Mohit Publications Ltd. India;

2000 6. Anleu. S. and N.L. Roach Law and social changes; Sage Publications

Ltd. Delhi; 2000 7. Saxena, D.r. Law, Justice and Social Change; Vedam Books, Delhi;

1996. Five questions are to be answered out of ten.

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CONSTITUTIONAL LAW – I 1) Constitutional developments since 1858-1947 Making of Indian Constitution Nature and special features of the Constitution of India Rule of law & Separation of powers 2) State under Article 12 of the Constitution Right to Equality (Articles 14-18) Right to Freedom (Articles 19-22) Right against Exploitation (Articles 23-24) 3) Concept of secularism : historical perspective Right to Freedom of Religion (Articles 25-28) Cultural and Education Rights (Articles 29-30) Fundamental Duties (Article 51A) 4) Directive Principles – directions for social change – A new social order Fundamental Rights and Directive Principles of State Policy, Inter-

relationship, judicial balancing Constitutional amendments – to strengthen Directive Principles 5) Remedies for enforcement of rights contained in Part III – Habeas

Corpus, Mandamus, Certiorari, Prohibition and Quo-warranto under Articles 32 and 226 of the Constitution Judicial Review

Judicial activism and restraint. Books Recommended :

1. J. N. Pandey

2. M.P. Singh

3. H.M. Survai Constitutional Law of India

4. V.N. Sukla

5. M.P. Jain Act Constitution of India Five questions are to be answered out of ten.


FAMILY LAW – II

1. Concept and Background of Muslim Law : Sources & Schools, Muslim Law as applied and interpreted in India

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2. Marriage, Dower and maintenance

3. Dissolutions of Marriage

4. Parentage, Legitimacy and Guardianship

5. Gift, Wills, Waqf and Administration of Estate

6. Pre-emption

7. Inheritance. Books Recommended :

1. Abdur Rahim, Principle of Islamic Jurisprudence (1994)

2. Syed Ameer Ali, Mahommedan Law, Tagore Law Lectures

3. Baillie, Digest of Moohummudan Law

4. The Durrul Mukhtar, (Tr. By Brij Mohan Dayal)

5. Fyzee, A.A.A. , Outlines of Muhammadan Law

6. Hedaya, Tr. Into English by C.l. Hamilton

7. S. Mahmassani, The Philosophy of Jurisprudence in Islam.

8. Tyabji, F. B., Muhammadan Law, The Personal Law of Muslims.

9. I. A. Khan (ed). Muslim Law.

10. S. Khalid Rashid, Muslim Law. Five questions are to be answered out of ten.

SEMESTER - IV


ENGLISH III

(LEGAL LANGUAGE – II) Group – A General Requirements of Deeds Transfer (Legal writing) 40 Marks Description of the Deed and the terms by which each part is described. Registration of Deeds. Delivery of Deeds. Arrangement of different parts of deed.

Group – B Concept and Definition 20 Marks Grant of receipt. Deed of Lease Agreement of Sale Deed of Conveyance of and Characteristic of will and requisites of a valid will.

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Group – C Drafting of Notice 40 Marks Suit against Government Tenant to Landlord for repairing of the premise. Land Lord to tenant for conversion. Demand for repayment of loan or mortgaged money. Public notice for sale of business or property. Assignment of debt. Claim of Compensation. Removal of nuisance.

(Practices to test the writing Capacity in English) Book Recommended :

9. Conveyancing by Desouza

10.Indian Conveyance of Mogha

11.Mitra’s Legal and Commercial Dictionary

12.Thorton : Legilative drafting (Chap. 6-8, 13)

13.Prof. Amit Sen, Legal Language, Legal Writing and Legal Drafting

14.Black’s Law dictionary

15.Wharton Law Lexcicon.

Two Questions each out of four are to be answered from Group A

and Group C and 1 question out of two from Group B.


POLITICAL SCIENCE – IV

(COMPARATIVE GOVERNMENT AND POLITICS) 1. Constitutions and constitutionalism: Modes of distribution of powers

in different constitutions. 2. Constitutions and Conventions with particulars reference to the UK.

Rule of Law in the UK. Methods of constitutional amendment. 3. Ideological Bases of Constitutions: Liberal and Socialist Democracies. 4. Federal and Unitary Systems: Federalism in the USA . Nature of

Unitarianism in France and the UK. The constitutional system of the PRC and democratic centralism.

5. Parliamentary and Presidential Systems: Systemic similarities and dissimilarities between British, French and American practices.

6. Political Parties: Their functions and role in liberal and Socialist democracies. Party systems in the UK, USA, PRC and France. Pressure Groups and their role performance in the UK, USA and France.

7. Legislatures in the UK, USA, France and PRC: Composition and functions of the legislative chambers; inter chamber comparisons. The committee system in the UK and USA.

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8. Executives: Nominal and real Executive as applied to the UK, USA, France and PRC. The Presidency in the USA and France. The Prime Ministers of the UK and France. The British Cabinet System, French and American counterparts. The British Crown, and French and American Presidents as heads of their respective states and Governments. Relations between the Executive and the legislature in the UK, USA, France and PRC.

9. Judicial System: Structure and functions in the UK, USA, French and PRC. Role performance: Judicial Review in the USA, rule of Law in the UK, Judicial and Advisory Councils in France. The French Constitution Council and Administrative Law.

10. The systems of election. (relating to national, regional and local legislation and executive bodies ) in the UK, USA, France and PRC. The local government system of France – mode of election and functional role.

Books Recommended :1. Cater, Banney and Herz - The Government of France 2. Dorothy Pickles - The Fifth French Republic : Institutions and Politics 3. Ogg and Zink - Modern Foreign Governments 4. Richard Baaron - Parties and Politics in Modern France 5. J.C. Johari – Major Modern Political Systems 6. A.C. Kapur - Select Constitutions 7. D.C. Bhattacharya - Modern Political Constitutions 8. Friedrich – Constitutional Government and Democracy 9. Peter Self – Political Theorities of Modern Government 10. C.F. Strong – Modern Constitutions 11. S.F. Finer – Comparative Government.



CONSTITUTIONAL LAW – II 1) President of India – election, qualification, salary, impeachment; powers-legislative

executive and discretionary Prime Minister – cabinet system, council of ministers, collective responsibility,

position of the Prime Minister Governor and State Government – constitutional relationship, appointment,

qualification, term of office and powers including ordinance making and to grant pardons etc.

Legislative privileges and Fundamental Rights 2) Constitution of Parliament qualification of membership of Parliament composition,

duration, powers, privileges and immunities, parliament and its members. Constitution of Legislatures in state, composition, duration, qualification, powers privileges and immunities of state legislative and its members

Legislative Procedure – rules of procedure as to introduction and passing Bills, definition of Money Bill- special procedure in respect of Money Bill

Procedure in Parliament with respect to estimates Appropriation Bills special procedure as to Financial Bills.

3) Establishment and constitution of the Supreme Court, qualifications and

disqualifications of the Judges, powers and jurisdiction of the Supreme Court

18

Constitution of the High Court, appointment, qualification and disqualifications of Judges of a High Court, powers and jurisdiction of a High Court.

Appointment of District judges, control over subordinate judiciary, Judicial Independence 4) Emergency –meaning and scope, proclamation of emergency – conditions effect of

emergency conditions effect of emergency on Center-State relation, emergency and suspension of fundamental rights, Constitutional amendment, methods of constitutional amendment, development of the basic structure

Relations between the Union and States-legislative relations and administrative relations

5) Freedom of trade, commerce and intercourse Services under the Constitution – doctrine of pleasure (Art. 310); protection against

arbitrary dismissal removal or reduction in rank (Art 311), exceptions to Articles 311

Administrative Tribunals Books Recommended :

1. J. N. Pandey 2. M.P. Singh 3. H.M. Survai Constitutional Law of India 4. V.N. Sukla 5. M.P. Jain

Act

1. The Constitution of India 2. Administrative tribunals Act, 1985



PROPERTY LAW – I Transfer of Property Act, 1882 :

1. Preliminary (Sections 1 – 4)

2. Of Transfers of Property by Act of Parties (sections 5 – 53 A)

3. Of Sales of Immovable Property (sections 54 – 57)

4. Of Mortgages of Immovable Property (Sections 58 – 104)

Books Recommended :

1. Transfer of Property Act 1882

2. Mulla’s transfer of Property Act Ed. VII

3. G. P. Tripathi, The Transfer of Property Act

4. R. K. Sinha , The Transfer of Property Act

5. Vepa sarathi, Law of Transfer of Property

6. S.N.Shukla, Transfer of Property Act

19


Paper – 5.4.5 Total Marks – 100 THE INDIAN PENAL CODE – 1860

1. Chapter I to VI

2. Chapter VIII to XI

3. Chapter XIV

4. Chapter XVI to XVIII

5. Chapter XX to XXIII Books Recommended :

1. Kenny – Outline of Criminal Law.

2. Ratan Lal – Indian Penal Code.

3. K.D. Gam – Indian Penal Code.

4. S.N. Misra – Indian Penal Code.

5. B.M. Gandhi – Indian Penal Code. Five questions are to be answered out of ten.


CRIMINAL PROCEDURE CODE The Code of Criminal Procedure 1973 : Section

Chapter I Preliminary 1–5 Chapter II Constitution of Criminal Courts and Offices 6–25A Chapter III Powers of Course 26–35 Chapter V Arrest of Persons 41,43,44,46–54,56,57 Chapter VI Processes to Compel Appearance 70–86 Chapter VII Processes to Compel the Production of things 93 –101 Chapter VIII Security for keeping the peace and for good behaviour 107 – 110, 115, 116,122 Chapter IX Order for Maintenance of Wives, Children and Parents. 125-128 Chapter X Maintenance of Public Order and Tranquility 133-148 Chapter XI Preventive Action of the Police 151 Chapter XII Information to the Police & their Powers to Investigate 154-176 Chapter XIII Jurisdiction of the Criminal Courts in Inquiries and Trials 177-189 Chapter XIV Conditions Requisite for initiation of proceedings 190-199 Chapter XV Complain to Magistrates 200-203 Chapter XVI Commencement of Proceedings before Magistrates 204-210 Chapter XVII The Charge 211-224 Chapter XVIII Trial before a Court of Session 225-237 Chapter XIX Trial of warrant-cases by Magistrates 238-250 Chapter XX Trial of Summons Cases by Magistrates 251-259 Chapter XXI Summary Trials 260-265 Chapter XXIV General Provisions as to Inquiries and Trials 300,304,309-311A, 313,317,320 Chapter XXIX Appeals 372-394 Chapter XXX Reference and Revision 397-401 Chapter XXXI Transfer of Criminal Cases 406-410

20

Chapter XXXIII Provisions as to Bail and Bonds 436-439 Chapter XXXV Irregular Proceedings 460,461 Chapter XXXVI Limitation for Taking Cognizance of Certain Offences 467-469

Books Recommended :

1. Ratanlal – The Code of Criminal Procedure

2. B.B. Mitra –. The Code of Criminal Procedure

3. Sarkar – The Code of Criminal Procedure

4. Justice Thakkar The Code of Criminal Procedure

5. S.N. Mishra -. The Code of Criminal Procedure Five questions are to be answered out of ten.

SEMESTER - V


POLITICAL SCIENCE – V

(PUBLIC ADMINISTRATION)

1. Public Administration : Nature and Scope; Stages of growth; Identity crisis.

2. Concepts and principles of Administration : Hierarchy; Unity of Command; Span of Control; Line and Staff; Centralization, Decentralization and Delegation of Authority; Planning and Performance Budgeting.

3. Weberian ideas of Bureaucracy, Marxian critique and Post-Weberian development.

4. Recent advances in the discipline of Public Administration: Public choice approach, new public management paradigm, good governance.

5. Development Administration: meaning and importance; Ecology and sustainable development : Riggsian model.

6. All-India Services: IAS, IPS Central Services: IFS – recruitment and training. Union and State Public Service Commissions: composition, functions and role.

7. Union Administration: PMO; Cabinet Secretary and the Secretariat; Relationship between the Secretariat and the Directorate.

8. Local Administration in West Bengal: Panchayets with special reference to Zilla Parishads; Role of the Sabhadhipati. Municipalities and Corporations – legal institutional framework and role in development.

21

Books Recommended :

1. A Avasthi and S Maheshwari, Public Administration (Lakshmi Narain Agarwal, Agra).

2. S Maheshwari, Indian Administration (Orient Longman, New Delhi).

3. Ramesh K Arora and Rajni Goyel, Indian Public Administration (Wishwar Prakashan, New Delhi).

4. F A Nigro and L G Nigro, Modern Public Administration. 5. The West Bengal Panchayet Act, 1973 (Govt of West Bengal,

Kolkata). 6. L N Dutta, West Bengal Municipal Act (Tax’ N Law, Kolkata). 7. Kalpana Maheswari and Indira Maheswari, The Calcutta

Municipal Act, 1980. 8. Mohit Bhattacharyya, Public Administration : Structure, Process

and Behaviour. 9. S N Jha and P C Mathur (ed.), Decentralization and Local Politics

in India (Sage Publications, New Delhi). 10. Rumki Basu, Public Administration : Concepts and Theories

(Sterling Pub. Pvt. Ltd., New Delhi). 11. Mohit Bhattacharyya, Indian Administration (The World Press Pvt

Ltd, Kolkata). 12. C P Bhambhri, Public Administration, Theory and Practice (Jai

Prakash Nath & Co., Merrut City). 13. Mohit Bhattacharyya, Public Administration (The World Press Pvt

Ltd, Kolkata). 14. Asok Mukhopadhyay, Municipal Government. 15. Provat Dutta, The Second Generation Panchayets in India.

Perspectives in Political Science (Academic Staff College, BU).



PROPERTY LAW II Transfer of Property Act, 1882 : 80 Marks

1. Of Leases of Immovable property (sections 105 – 117)

2. Of Exchanges (Sections 118 – 121)

3. Of Gifts (Sections 122 – 129)

4. Of Transfers of Actionable Claims (Sections 130 – 137)

Indian Easements Act, 1882 : 20 Marks Books Recommended

1. Transfer of Property Act 1882

2. Mulla’s Transfer of Property Act Ed. VII

3. G. P. Tripathi, The Transfer of Property Act

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4. R. K. Sinha , The Transfer of Property Act

5. Vepa sarathi, Law of Transfer of Property

6. S.N.Shukla, Transfer of Property Act Four questions out of eight are to be answered from Transfer of Property Act and one question out of two from Indian Easements Act.


ADMINISTRATIVE LAW

1. Nature and Scope including Definition of Administrative Law.

2. Subordinate Legislations – Types, Control and reasons of its growth.

3. Norms of Natural Justice – Rule against bias, Right to he heard and Reasoned decisions.

4. Ombudsman – Lokpal and Lokayuktas

5. Public Undertakings – its types and control and reasons of their growth.

6. Judicial Control of Administrative Actions – Writs, Special Leave to Appeal, Statutory control and equitable remedies; Judicial Review and P.I.L.

7. Administrative Tribunals Books Recommended :

1. K.C. Davis

2. Bernard Schwartz

3. S.P. Sathe,

4. Takwani, Administrative Law

5. Kesari,

6. Massey. Five questions are to be answered out of ten.


LAW OF EVIDENCE The Indian Evidence Act 1872 : Chapters – I, II, III, IV, V, VI, VII, VIII, IX, X, XI. Books Recommended :

1. Ratanlal Dhiraj Lal – The Law of Evidence

23

2. Avtar Singh – Principles of Law of Evidence

3. Batuklal – the Law of Evidence

4. Best – Law of Evidence

5. V. P. Sarathi – Elements of Law of Evidence

6. Indian Evidence Act 1872

7. H. Mondal – Law of Evidence

8. K. N. Tandon – The Evidence. Five questions are to be answered out of ten.


Public International Law

1. Nature, Origin and Basis of International Law.

2. Sources of International Law.

3. Subjects of International Law.

4. Relationship between International Law and Municipal Law.

5. Recognition.

6. State Jurisdiction.

7. Asylum and Extradition.

8. Treaties.

9. United Nations – Purposes, Principles, and Membership.

10.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. Five questions are to be answered out of ten.


JURISPRUDENCE (Legal Method, Indian Legal System and

Basic theory of Law)

1. Definition, meaning, nature, classification, and value of Jurisprudence

2. Legal theories – Natural Law theories, Imperative theory, Theory of Legal realism, Pure theory of Law, Sociological theories, Historical School

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3. Meaning, Nature and Purpose of law, Nature of International Law.

4. Law and Morals.

5. Sources of Law – Legislation, Precedents and Custom

6. Administration of Justice

7. Legal right : Meaning, Nature, Characteristics and elements, Relation between rights and duties, Kinds of Legal right.

8. Concept of ownership : Idea of ownership, subject matter and characteristics of ownership. Kinds of ownership, Modes of acquisition of ownership.

9. Possession : Meaning, elements of possession, Kinds of Possession, Distinctions between ownership and Possession.

10. Personality : Meaning, nature, Natural and Artificial persons, Legal Status of Animals, dead and unborn Persons, Corporate personality.

11. Codification – Meaning, Merits and Demerits

12. Property – Meaning, Kinds of Property, Modes of acquisition of Property.

Books Recommended:1. Salmond – Jurisprudence 2. G.W. Paton- Jurisprudence 3. Dias – Jurisprudence 4. Friedman – Legal theory 5. B.N. Mani Tripathi – Jurisprudence and legal theory 6. Dr. S. K. Tiwari - Schools of Jurisprudence 7. Dr. S. K. Tiwari - Elements of Law 8. S.N. Dhyani- Fundamentals of Jurisprudence 9. Lloyd – Introduction of Jurisprudence 10. V.D. Mahajan - Jurisprudence


SEMESTER - VI


POLITICAL SCIENCE – VI

(INTERNATIONAL RELATIONS)

1. Evolution of International Relation as a discipline since First World War – Traditional and Scientific approaches to the study of International Relations – uses and limitations of theory in International Relations.

2. International Relations : Nature and Scope of International Relations; Approaches to the Study of International Relations: Realist and Systems.

25

3. Actors of International Relations: State and Non-State Actors.

4. National Power: concept, constituents and measurability.

5. Balance of Power: Meaning, techniques and effectiveness; concepts of bipolarity, unipolarity and multipolarity; Balance of Power vs. Collective Security.

6. Contemporary Issues: (A) Globalization and Global Terrorism: Meaning and impact on International Relations. (B) Human Rights” Rioghts and Human Rights – Universal Declaration of Human Rights.

7. United Nations: Its emergence; General Assembly and the Security Council; Secretariat; Political Role of the Secretary General; Collective Security under the UN Charter; Pacific Settlement of Desputes under the UN Charter.

8. Nuclear Arms Control: NPT and CTBT: India’s position.

9. Political Economy of International Relations: Neo-colonialism: New International Economic Order; South-South Cooperation.

10. Regional Cooperation : South Asian Association for Regional Cooperation (SAARC) – objectives and problems.

11. Foreign Policy and Diplomacy; India’s Foreign Policy: Basic tenets and recent developments.

Books Recommended :

1. Couloumbus and Wolfe, Introduction to International Relations (Prentice Hall of India, New Delhi).

2. Peter Calvocoressi, World Politics Since 1945 (Longman, London).

3. R Chakraborti, UNO: A Study in Essentials (K P Bagchi & Co., Kolkata).

4. R J Holsti, International Politics: A Framework for Analysis.

5. R Chakraborti, The Theory and Practice of International Politics (Macmillan, New Delhi).

6. H J Morgenthau, Politics:Among Nations (Scientific Book Agency, Kolkata).

7. P K Mishra and R S Beal, International Relations Theory (Vikas, Delhi).

8. J C Johari, International Relations and Politics (Sterling, New Delhi).

9. Appadorai and Rajan, India’s Foreign Policy and Relations (South Asian Pub, New Delhi).

10. D C Bhattacharyya, International Relations in the Twentieth Century (Vijoya, Kolkata)

11. Debendra Kr Das (ed.), SAARC: Regional Cooperation and Development (Deep and Deep, New Delhi).

26

12. M Hogan (ed.), The End of Cold War: Its Meaning and Implications.

13. J Bandyopadhyay, The Making of India’s Foreign Policy (Allied, New Delhi).

14. H Hartmann, The Relations of Nations (Macmillan, New York).

15. Raghubir Chakraborty, International Relations (World Press, Kolkata).

16. Evan Luard, A History of the United Nations (Macmillan, London).

17. P K Mishra, Dhaka Summit and SAARC (K P Bagchi & Co.. Kolkata). Five questions are to be answered out of ten.


CIVIL PROCEDURE CODE AND LIMITATION ACT

Civil Procedure Code 80 Marks

1. The function of the Code of Civil of Civil Procedure with a brief history, Important definitions of words like Decree, Mesne Profits, Order, Public Officer etc.

2. Jurisdiction of Civil Courts – Courts to try all civil suits unless expressly or impliedly barred – What are suits of a civil nature. When pendence of a suit bars a fresh suit. Principle underlying Section 10.

3. Principles of Res. Judicata – Constructive res judicata as embodied in Explanation IV or Section II.

4. When Foreign Judgements are not conclusive (Section 13).

5. Place of Suing – Section 15 to 21A provide the key to the topic. Power of transfer and General power of transfer and withdrawal of suits (Section 22 to 25).

6. Service of Summons to Defendants under different circumstances; Section 27 to 29 and order V.

7. Execution of decrees and orders – Section 31 to 74 and order XXI contain the details of the procedure of execution – Executing courts – Function of Determines all questions relating to execution, discharge and substitution of decree – Section 47 bars fresh suit in all matters relating to execution, discharge and satisfaction of decree – ‘Executing court cannot go behind the decree – exception to this principle. Determination of any question under Section 47 is not a decree under the amended code. To what extent salary is attachable Section 10 Proceeds if execution sale to be rateably distribution among decree – Arrost and attachment before judgement (Order XXXVIII) – Temporary injunction Order XXXIX).

8. Power of Civil court to issue commissions (Secs 75 to 78). Details of procedure relating to Commissions (Order XXVI).

9. Suits by or against Govt. or Public Officer in the Official capacity (Secs. 79 to 81) – Notice to the Govt. or Public Officer (Section 80) Interpleader Suits – Section 88 and order XXXV.

27

10. Filling of a suit in respect of public Nuisance (Section 91).

11. Procedure for filling of a suit in respect of breach of any expressor or constructive trust created or public purposes of a charitable or religious nature (Section 92).

12. Appeals – from original decrees – from final decree where no appeal from Preliminary decree Second appeal when St.5 lies – Appeals from orders – Powers of appellate court – when appeal lies to the Supreme Court (Section 96 to 112 and Orders XLI to XLIII).

13. Review of Judgements (Section 114-Revision of Judgement (Section 115) – Order XLVII deals with details of review.

14. The principle of restitution when decree is set aside or modified – Section 144 – Determination of any question under Sec.144 is a decree.

15. Enforcement of Liability of Surety – Section 145.

16. Right to lodge a Caveat by a person claiming a right to appears before the court – Section 148A.

17. Inherent power of court to make order for the ends of justice or to prevent abuse of the process of Court (Sec. 151) – Amendments of judgements, decrees and orders (Section 152) – General power to amend (Section 153) power to amend decree of order where appeal is summarily dismissed (Section 153A).

18. Appeals by indigent persons – Suits in favour of paupers – Order XXXIII and Order XLIV deal with detailed procedure on the topic.

The Limitation Act 1963 20 Marks

Sec. 1 – 20. Books Recommended :

1. Mulla – Code of Civil Procedure

2. Mukherjee A. N. – Code of Civil Procedure

3. C.K. Takwani - Civil Procedure

4. S. Chakravarti and B. Nath – Cases and Materials

5. A.N. Saha - Civil Procedure Code

6. B.B. Mitra – The Limitation Act

7. Ganguly – Civil Code Practice & Procedure

8. V.G. Ramchandran – Law of Limitation Four questions out of eight are to be answered from Civil Procedure Code and one out of two from The Limitation Act.

28


COMPANY LAW-I

1. Concept of Company and history of company Legislations in India.

2. Procedure relating to formation of a Company (Sec. – 1 - 63 A)

3. Finance of Company (Sec. – 69 – 164 and Sec. 224 – 233)

4. Management of Company affairs. (Sec 165-223 & Sec 252-291- 388)

Note: Provisions of the Companies Act, 1956 should be studied with latest

amendments and SEBI guidelines.

Books Recommended : 1. A Ramaiya - Guide to the Companies Act. 2. The Law relating to Government Control of Private Companies. 3. Indian Law Institute – Government Regulations of Financial

Management of private corporate Sector in India. 4. T. R. Srinivasa Iyenger – The Law relating to the private Limited

Companies. 5. N.D.Kapoor – Elements of Companies. 6. Avtar Singh – Indian Companies Law 7. S.C.Sen – New Frontier on Company Law 8. S.M.Shah – Lectures on Company Law 9. Fariedmann – Company Law and Capitalism ( Hudden Tom Public

Corporation ) 10. Palmer – Principles of Modern Company Law (Grower Company

Guide) 11. S.C.Sen – Mergers, Amalgamation and Take overs (responsible

Company)) 12. Pundy, Lindhal and Casyer – Corporate Concentration and Public

Policy. 13. Department of Company Affairs – Company News and Notes

Journal. 14. Company Law Journal – M.L. J. Press, Madras 15. K.I.Kali – A study on Sacchar Committee Report.



LABOUR AND INDUSTRIAL LAW - I

Industrial Disputes Act : 80 Marks 1. Object of the Act. 2. Definition of Industry and Industrial Dispute, Appropriate Govt.

Average pay, Award, Controlled Industry, Employer, layoff, Lockout, strike etc. workmen.

29

3. Procedure for the settlement of dispute and Authorities under the Act. References of dispute, voluntary references to arbitration, Awards and settlement.

4. Strike and Lock out – Prohibition, illegality penalties. 5. Lay off, Retrenchment of workmen, Transfer and closing down

under taking. 6. Miscellaneous – Change of condition of service, unfair labour

practices, Protected workman, Representation of parties, Recovery of money due from employers.

Trade Unions Act : 20 Marks

1. Scope and the object of the Act.

2. Definitions : Trade Union, Trade dispute, Registrar, workmen etc.

3. Registration of the Trade Union.

4. Rights and privileges of Registered Trade Union, dissolution etc.

5. Recognition.

6. Collective bargaining and trade union.

7. Unfair labour practices, Penalities and miscellaneous

All Statutes to be read with up to date amendments. Books Recommended :

1. P.L. Malik – Industrial Law

2. S. N. Mishra – An Introduction of Labour and Industrial Law

3. N. D. Kapoor – Handbook of Industrial Law

4. S. Srivastave – Industrial Relations and labour Law

5. S. M. Chaturbedi – Labour and Industrial Laws

6. H.K. Saha Ray – An Industrial and Labour Laws in India

7. Labour Laws Journals.

Four questions out of eight are to be answered from Industrial Disputes Act and one question out of two from Trade Unions Act.


PRINCIPLES OF TAXATION

1. Basic Concept : Direct and Indirect Tax, Source of Income Tax Law in India, Basic Principles of Charging Income Tax, Diversion & Application of Income, ‘Equity’, ‘quio and Pro quo and res-judication principles in taxation provisions, Exemption & Deductions, Tax evasion, Tax avoidance, Tax Planning, Rate or Rates of Tax, CBDT.

2. Important Definitions: Person, Assessee, Assessment year, Previous year, Income, Gross Total Income, Heads of Income, Casual income, Business, Capital assets, Capital receipts and Revenue receipts, Capital expenditure

30

and Revenue expenditure, Amalgamation, Demarger, Infrastructure capital company and infrastructure capital fund.

3. Residential status and tax incidence.

4. Income exempt from tax (sec.10).

5. Agricultural Income – Meaning, Instances of agricultural income and non-agricultural income, Treatment of partly agricultural income, Tax treatment of agricultural income and computation of agricultural income.

6. Computation of Taxable income of individual, salaries and income from house-property; only concepts and simple problems.

7. Deduction from gross total income: Section: 80C, 80CCC, 80D, 80DD, 80DDB, 80E and 80G.

8. Tax Management: Submission of returns and procedure of assessment, PAN, TAN, Preliminary ideas of deduction and collection of tax at source, Advancement of tax, Refund of tax, Appeals and Revision.

9. Central Sales Tax Act, 1956: Introduction, objects, basic features, definition of certain terms, incidence and levy of tax, Registration of dealers & procedures thereof.

10. West Bengal Value Added Tax: VAT Concepts, Salient features of VAT, VAT versus sales tax, Merits & demerits of VAT, Coverage of goods under VAT, Goods outside VAT, Method of computation of VAT, Definitions of certain terms, Registration of dealers.

Books Recommended :

Taxmann : Direct Taxes : Law and Practice

Taxmann : Indirect Taxes : Law and Practice

Taxmann : Income Tax Act.


SEMESTER – VII


COMPANY LAW – II

1 Majority rule

2 Control of Company affairs (Sec-234 – 251 and 389 – 409)

3 Procedure relating to winding up of a Company (Sec. 425 – 538)

4 Miscellaneous provisions ( Sec 539 – 658) Note : Provisions of the Companies Act, 1956 should be studied with

Latest amendments & SEBI guidelines. Books Recommended :

1. A Ramaiya - Guide to the Companies AC.

2. The Law relating to Government Control of Private Companies.

31

3. Indian Law Institute – Government Regulations of Financial Management of private corporate Sector in India.

4. T. R. Srinivasa Iyenger – The Law relating to the private Limited Companies.

5. N.D.Kapoor – Elements of Companies.

6. Avtar Singh – Indian Companies Law

7. S.C.Sen – New Frontier on Company Law

8. S.M.Shah – Lectures on Company Law

9. Fariedmann – Company Law and Capitalism ( Hudden Tom Public Corporation )

10. Palmer – Principles of Modern Company Law (Grower Company Guide)

11. S.C.Sen – Mergers, Amalgamation and Take overs (responsible Company))

12. Pundy, Lindhal and Casyer – Corporate Concentration and Public Policy.

13. Department of Company Affairs – Company News and Notes Journal.

14. Company Law Journal – M.L. J. Press, Madras

15. K.I.Kali – A study on Sacchar Committee Report.



LABOUR AND INDUSTRIAL LAW - II

The Factories Act 40 Marks 1. Object of the Act. 2. Definitions : Sec. 2 of the Act. 3. Approval and Licensing. 4. Powers and functions of the Inspecting staff i.e. Inspector and

certifying surgeon. 5. Provisions of Health, Safety and Welfare measures. 6. Working conditions of Adult, Adolescent and Child workers including

women. 7. Annual leave with wages.

The Worksmen Compensation Act 40 Marks 1. Scope and objective of the Act including definitions under Sec. 2 of

the Act. 2. Liability and defence against workmen’s compensation. 3. Amount and distribution of compensation. 4. Notice and claim of compensation, requirement under fatal

accident. 5. Liability of the master for the act of third party.

32

6. Commissioner : Appointment, Powers, reference, settlement of dispute.

7. Registration of agreement and effect of non-registration. 8. Appeals, recovery etc. The Minimum Wages Act 20 Marks 1. Scope and object of the Act (including definitions including concept

of fair wage and living wage). 2. Fixation and revision of minimum wage. 3. Enforcement of the Act. Note : All the Statutes to be read with up to date amendments. Books Recommended : 1. P.L. Malik – Industrial Law 2. S. N. Mishra – An Introduction of Labour and Industrial Law 3. N. D. Kapoor – Handbook of Industrial Law 4. S. Srivastave – Industrial Relations and labour Law 5. S. M. Chaturbedi – Labour and Industrial Laws 6. H.K. Saha Ray – An Industrial and Labour Laws in India 7. Labour Laws Journals.

Three questions out of six are to be answered from the Factories Act and one question each out of two from the Worksmen Compensation Act and The Minimum Wages Act.


ENVIRONMENTAL LAW

1. U.N. Stockholm Declaration 1972, Rio-Declaration 1992, Johannesburg Declaration 2002 – Basic principles evolved.

2. Environment Policy in India – Constitutional mandates, Enlargement of interpretation of Article 21 of the Constitution.

3. Environment (Protection) Act, 1986 ; Definitions and other provisions of the Act.

Air (Prevention and Control of Pollution) Act, 1981; Definitions and other provisions of the Act.

Water (Prevention and Control of Pollution) Act, 1974 ; Definitions and other provisions of the Act.

4. 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.

33

5. Laws relating to the role of Courts to protect environmental pollution – Enlargement of locus standi and concept of Public Interest litigation; Principles evolved.

6. Legal sanctions and strategies to Control pollution – with reference to E.P. Act, Water Act, Air Act & Public Liability Insurance Act, 1991 National Environment Tribunal Act, 1995.

7. Prevention of cruelty to Animals Act 1960.

8. 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. Five questions are to be answered out of ten.


DRAFTING, PLEADING AND CONVEYANCE

(Practical Paper)

1. Drafting – 45 Marks

General principles of drafting and relevant substantive rules (its include not less than 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each).

2. Pleadings - 45 Marks

i) Civil – Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Art.226 and 32 of the Constitution of India.

ii) Criminal – Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Rivision.

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.

(It include 15 exercise in conveyancing carrying a total of 45 marks (3 marks for each)

34

3. Viva-Voce – 10 Marks

Books Recommended :

1. Ganguly A. C. – Civil Court Practice Procedure

2. Ghosh S.C. – Forms & Peading

3. Gupta – Conveyancing, Pleading and Deeds – 5 vols.

4. Mazumder A.B. – Pleading

5. Mogha – Indian Conveyancer

6. Mulla – Civil Procedure Code (Students Edition).

Note : This course will be taught through class instructions and simulation exercise, preferably with assistance of practicing lawyers/retired judges.

Paper – 5.7.5 Total Marks – 100 INTERPRETATION OF STATUTES AND PRINCIPLES OF

LEGISLATION 1) Meaning of the term ‘statute’ Purpose of interpretation 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.

Presumptions in statutory interpretation – Statutes are valid, statutes are territorial in operation, presumption as to jurisdiction presumption against what is inconvenient or absurd presumption against intending injustice

Prospective operation of statutes 2) Rules of Statutory Interpretation Primary Rules – Literal rule, Golden rule, Mischief rule (rule in the

Haydens case) Rule of harmonious construction Secondary Rules – Noscitur a sociis, Ejusdem generis; Reddendo singular

singulis 3) Maxims of Statutory Interpretation Delegatus non potest delegare Expressio unius exclusion alterius Generalia specialibus non derogant In pari delicto potior est condition possidentis Utres valet potior quam pareat Expressum facit cessare tacitum In bonam partem 4) Restrictive and beneficial construction – Taxing statutes, Penal statutes;

Welfare Legislation Interpretation of enabling statutes Interpretation of statutes conferring rights 5) Principles of Constitutional Interpretation

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Harmonious construction Doctrine of pith and substance Colourable legislation Ancillary powers Residuary power Doctrine of repugnancy 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 Five questions are to be answered out of ten.

SEMESTER – VIII


ALTERNATE DISPUTE RESOLUTION

1. Alternate Dispute Resolution - Meaning, Nature, Scope, Merits and demerits

2. Arbitration and conciliation Act 1996 Sections – 2, 7-9, 10 – 33, 34 – 37, 44 – 50, 53 – 59, 62 – 76, 81

3. Legal Services Authorities Act 1987 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 – Lok Adalat, Arbitration, Conciliation and ADR. Arbitration and Conciliation Act 1996



LAND LAWS INCLUDING TENURE AND TENANCY SYSTEM

1. The West Bengal Land Reforms Act, 1955 - 60 Marks

2. The West Bengal Premises Tenancy Act, 1997 - 20 Marks

3. The West Bengal Apartment Act, 1972 - 20 Marks

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Books Recommended :

1. A. N. Saha - West Bengal Land Reforms Act

2. D. P. Chatterjee- West Bengal Land Reforms Act.

3. N. K. Roy - West Bengal Land Reforms Act

4. S. K. Sen - West Bengal Premises Tenancy Act

5. Justice Mallick - West Bengal Land Reforms Act, 1955

6. A. N. Saha - Premises Tenancy Act

7. Amal Das - West Bengal Land Reforms Act, 1955

8. State Govt. Publication–The West Bengal Apartment Act, 1972 Three questions out of six are to be answered from (a), one question each out of two from (b) & (c).


DIRECT TAXATION

Group – A

1. Computation of Taxable Income

(a) Heads of Income: Salaries, Income from house property, income

from profits & gains of business or profession, capital gains and

income from other sources.

(b) Deduction from gross total income: Section: 80C, 80CCC, 80D,

80DD, 80DDB, 80E, 80G, 80GG, 80GGA, 80-IA, 80-IAB, 80-IB.

2. Set off and carry forward of losses – Principles, Meaning, Inter-

source and Inter-head set off, carry forward and set off of losses

under section 71, 71B, 72A,73, 74, 79 and 94(7).

3. Clubbing of Income.

4. Assessment and Computation of Tax Liability: Individual, Firms and

Companies.

5. Penalties and Prosecutions, Appeals and Revisions.

Group-B : Wealth Tax

6. Introduction, Assesses liable to Wealth Tax, Persons exempt from

wealth-tax, definition of certain terms, Deemed assets, Incidence of

tax – how to compute net Wealth, Rounding off of tax, interest, etc.

Books Recommended

1. Taxmann : Direct Taxes : Law and Practice

2. Taxmann : Indirect Taxes : Law and Practice

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3. Taxmann : Income Tax Act.


Paper – 5.8.4 Total Marks – 100 INDIRECT TAXATION

1. Central Sales Tax:

Sales tax law and general sales tax law, incidence of central sales tax, sales exempt from sales tax, Administration of Central sale Tax Act, Meaning of inter-state sale, sale or purchase which ‘occasions movement of goods’ – meaning sale by transfer of documents, Transactions which do not constitute inter-state sale, sale or purchase in the course of import or export, persons liable to pay central sales tax, Registration of dealers, compulsory registration, voluntary registration, Procedure for registration, issue of certificate of registration, security of registration, forfeiture of security, refusal to grant registration, Amendment of certificate of registration, Benefits of registration, Rates of tax on sale in the course of inter-state trade Commerce, Transactions which are exempt from CST, Special provisions for taxation of declared goods, various declaration forms under the CST Act, Penalties and Prosecution, Central Sales Tax Appellate Authority, Determination of turnover, computation of tax liability.

West Bengal Value Added Tax

General principles of state-level VAT, Source of Law relating to value added tax in West Bengal, Persons liable to pay tax under VAT, incidence of tax on turnover of purchases of raw jute, cessation of liability to pay VAT, General levy of tax on sales, General tax rate under VAT, Certain restriction on claim to input tax credit, inadmissibility of input tax credit in certain cases, carry forward to input tax credit, input tax credit in case of branch transfer, Restrictions on input tax credit for sale at reduced price, Input tax credit on capital goods, Registration of dealers. Maintenance of accounts, records, etc., Particulars to be stated in an invoice, Cash memo or bill, payment of tax and filing of return, Determination of net tax credit, computation VAT liability.

Central Excise Duty

Introduction, Definition of some important terms, salient feature of the Central Excise Act, 1944, Levy and Collection of Duty, Valuation of excisable goods, Registration of prescribed persons, Registrations on possession of certain goods, Price of goods to indicate the amount of duty paid thereon. A preliminary concept of CENVAT Credit.

4. Service Tax

Introduction, Constitutional provisions, salient features of service tax, source of service tax law, classification of taxable services, valuation of taxable services, persons liable to pay service tax, Registration, Payment of service tax, Returns of service tax, Assessment procedures and other provisions.

Books Recommended :

1. Taxmann : Direct Taxes : Law and Practice

2. Taxmann : Indirect Taxes : Law and Practice

3. Taxmann : Income Tax Act. Five questions are to be answered out of ten.

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HUMAN RIGHT LAW AND PRACTICE

1. Introduction to Human Rights

2. Philosophy, History and Development of Human Rights

3. International Human Rights Laws –

(a) Universal Declaration of Human Rights 1948.

(b) International Convenant on Civil and Political Rights – 1966.

(c) International Covenant on Economic, Social And Cultural Rights – 1966.

(d) Two Protocols of 1966 & 1989

4. The Protection of Human Rights Act 1993

5. Human Right Provisions in the Indian Constitution

6. Role of Judiciary Media & NGOs in the protection of Human Rights in India Books Recommended :

1. D. Basu – Human Rights in Constitutional Law.

2. P. Diwan – Human Rights and the Law.

3. R.C. Hingorani – Human Rights in India.

4. Paul Sieghart – The International Law of Human Rights.

5. Brownlie – Basic Documents on International Law and Human Rights.


SEMESTER - IX Paper – 5.9.1 Total Marks – 100

PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

(Practical Paper) Written – 80 Marks Viva-Voce – 20 Marks

Group - A 60 Marks 1. The Advocates Act. 1961 2. Bar-Bench Relation 3. Contempt of Court

39

Group – B 20 Marks Accountancy for Lawyers Special lecture be arranged by inviting Professors of Accountancy and Senior members of the Tax Bar to deliver lectures in Accountancy for lawyers. Group – C 20 Marks Viva-Voce Books Recommended :

1. Dutta Mazumdar N. - Professional Ethics

2. Justic Mukherjee. P.B.– Professional Ethics

3. S. P. Gupta – Professional Ethics and Bar Bench Relation.

4. Bare Act – The Advocates Act, 1961 Three questions out of six are to be answered from Group A and one question out of two from Group B.


GENDER JUSTICE AND FEMINIST JURISPRUDENCE

1. Introduction :

1. Meaning, Object and Utility of Study of Gender Justice. 2. Feminism – Growth and Schools of Feminism. 3. Socio-legal Status of Women in Pre and Post Independence

India. 2. Rights of Women :

1. Rights of Women under the Indian Constitutional Law. 2. Women’s Rights under International Law. 3. Conventional on the Elimination of all forms of Discrimination

Against Women, 1979. 3. Some Legislations :

1. The Domestic Violence Act, 2005. 2. The Immoral Traffic (Prevention) Act, 1956. 3. The Indecent Representation of Women (Prohibition) Act. 4. Equal Remuneration Act, 1986.

Books Recommended :

1. Flavia Agnes – Law Relating to Gender Inequality : The Policies of Women’s Right in India.

2. Hilare Barnett – Introduction to Feminist Jurisprudence. 3. S.P. Sathe – Towards Gender Justice. 4. N.K. Chakraborty and S. Chakraborty – Gender Justice.


40


BANKING LAW

1. Negotiable Instruments Act, 1882;

2. Banking Regulator Act, 1949;

3. Regional Rural Banks Act, 1976;

4. Reserve Bank of India Act, 1934;

5. Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002;

6. Banking Ombudsman Scheme.

Books Recommended :

1. Gupta, S.N. : The Banking Law in Theory and Practice, 3V.

2. Singh, Avtar : Laws of Banking and Negotiable Instruments : An

Introduction.

3. Sreekantaradhya, B.S. : Banking and Finance : Perspectives on

Reform.

4. Tannan’s Banking Law and Practice in India.



PETENT RIGHT CREATION AND REGISTRATION

1. INTRODUCTION: Definitions, Scope, Value, and Attributes of Patents, objects;

features of patent; rights and duties of patentee; Patentable and non-patentable patents; product patents.

2. ORIGIN AND DEVELOPMENT OF PATENT: Developments of patent in India; Developments through

International treaties and conventions (Paris Convention, WIPO and WIPO Treaties, Patent Co-operation Treaty, TRIPS.

3. RIGHTS AND OBLIGATIONS OF PATENTEE: Nature of Patent rights, limitations of patentee rights, Obligations of

patentee. 4. AMENDMENTS, RESTORATION, SURRENDER AND

REVOCATION OF PATENTS: Amendments of application before Controller, High Court; Restoration of lapsed patents, application and procedure of application; Rights of Patentee on restrictions; Surrender of patents; Revocation of patents.

41

5. PRODUCT PATENT IN CASE OF MEDICINE AND DRUG: Exclusive marketing rights(EMR), prior users of the invention

protected, compulsory licensing in respect of EMR, Power of central Govt., Suits, Validity of grant of exclusive rights.

6. PATENT OFFICE , REGISTER OF PATENTS, THE CONTROLLER

AND HIS POWERS: Register of patents, rectification of register, Patent office and its

branches, power of controller, power of central govt. Appeal 7. ESSENTIALS OF PATENT FOR REGISTRATION: Patentable subject matter, Novelty, Anticipation, non-obviousness.

8. REGISTRATION OF PATENT: Importance of registration, who may apply? Form and procedure of

application; publication and examination of applications, search and search report, procedure for acceptance and disposal of application, Exclusion of Marketing rights, patent of addition, grant and sealing of patents, Exclusion of Marketing rights, term of patent and statutory provision.

9. SPECIFICATION: General meaning, filing of specification and their contents,

provisional specification, complete specification, construction of specification, amendments of specification.

10. OPPOSITION OF GRANT OF PATENTS: Procedure, discretion of controller, Grounds of opposition, grant and

sealing of patents. 11. TRANSFER OF PATENTS RIGHTS: General, Scope of power to transfer patent rights, assignments,

Licences , Compulsory licenses, Licenses of right and revocation for non-working.

12. REVOCATION AND SURRENDER OF PATENTS: General, revocation of patents by interested person; grounds for

revocation; prior secret use, prior grant, lack of novelty or anticipation, obviousness or lack of inventive step, combination patents, selection patents, inutility, insufficiency, non disclosure of best method, claim not clearly defined; surrender of patent

13. INFRINGEMENTS OF PATENT: General; what constitute infringement; action for infringement;

Relief for infringement, Literal Infringement Doctrine of Equivalence, Contributory Infringement, Defenses to

infringement including experimental use, inequitable conduct, patent misuse

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14. SUIT IN CASE OF INFRINGEMENT OF PATENTS: General, court in which suit to be instituted, reliefs may be claimed,

defenses which may be taken, burden to prove, procedure, power of courts, restrictions on the power of the courts, appeal to appellate board established under T.M. Act for the purpose of patent Act 1970.

15. SCIENTIF ADVISOR AND PATENT AGENT: General, scientific advisor, roll of scientific advisor, patents agents,

register of patent agents, qualification for patent agents, rights and function of patent agents, procedure of registration of patent agents. Books recommended: 1. Terrell on the Law of Patents, Sweet and Maxwell 2. Brian C. Reid, A Practical Guide to Patent Law, Sweet and

Maxwell. 3. Narayanan, P. :Patent Law, Eastern Law House, 4. Mainly on Patents, Buttorworths. 5. P. Narayanan, Intellectual Property Law, Eastern Law House



AFFIRMATIVE ACTION AND DISCRIMINATIVE JUSTICE

1. Equality Rights and Justice

2. Reservation policy of the Government in General and Public Employment.

3. Women Protection and Child Protection.

4. Abolition of Racial Discrimination and begar system.

5. Economic democracy in India. Books Recommended :

1. J. N. Pandey

2. V.N. Sukla Constitutional Law of India

3. M.P. Jain

4. Abolition of Bonded Labour by S.K. Singh. Five questions are to be answered out of ten.

43


CORPORATE GOVERNANCE

1. Concept of Corporate Governance

2. Corporate Governance - Historical Perspective

3. Corporate Governance and Role of Institutional Investors

4. Principles of Corporate Governance – OECD Guidelines :

The right of shareholders and equitable treatment of shareholders

The Role of Stakeholders in Corporate Governance.

Disclosure and Transparency.

5. Mechanism and Control :

Internal Corporate Governance Control.

External Corporate Governance Control.

6. The legal obligation of Board of Directors in Corporate Governance

and Board –Management relationship.

7. The Concept of Corporate Social Responsibility (CSR) in India. Books Recommended :

1. Subhas Chandra Das – Corporate Governance in India : An Evaluation.

2. Sanjay Bhayana – Corporate Governance Practice.

3. Robert A.G.Monks – Corporate Governance.

4. Avtar Singh – Company Law

5. Darryl Reed and Sanjay Mukherjee – Corporate Governance, Economic Reforms and development.

6. Sanjay Agarwal – Corporate Social Responsibility in India.

7. Ravi pullani I and Mahesh Pullani (ed) - Bharat’s Manual of Companies Act and Corporate Laws : including SEBI Rules, Regulations, etc.


SEMESTER - X Paper – 5.10.1 Total Marks – 100

INSURANCE LAW

General Principles;

Definitions of Insurance;

Essential Elements : Insurable Interest;

Materiality of Facts;

Life Insurance;

44

Fire Insurance;

Marine Insurance;

Liability Insurance;

The Insurance Act, 1938;

The Insurance Regulatory and Development Authorities Act, 1999.

Books Recommended :

Murthy, K.S.N. and Sarma, K.V.S. : Modern Law of Insurance in India.

Singh, Avtar : Law of Insurance.

Bharat’s Manual of Insurance Laws.

Misra, M.N. : Insurance Law.

Nagarjun, R.K. : Law of Insurance.



MOOT COURT EXERCISE AND INTERNSHIP

(Practical Paper)

1. Moot Court – 30 Marks

Every student may be required to do at least three moot courts in a

semester with 10 marks for each. The moot court work will be an

assigned problem and it will be evaluated 5 marks for written

submissions and 5 marks for oral advocacy.

2. Observance of Trial in two cases, one Civil and one Criminal (In

District Court, High Court and Supreme Court) – 30 marks.

Students may be required to attend two trials in the course of the

last two or three years of LL B studies. They will maintain a record

and enter the various steps observed during their attendance on

different days in the court assignment.

3. Interviewing techniques and pre-trial preparation and Internship

diary – 30 marks

Each student will observe two interviewing sessions of clients at the

Lawyer’s Office/Legal Aid Office and record the proceedings in a

diary which will carry 15 marks.

Each student will further observe the preparation of documents and

45

court papers by the Advocate and the procedure for the filing of the

suit/petition. This will be recorded in the diary, which will carry 15

marks.

4. Viva-Voce – 10 marks

Paper – 5.10.3 Total Marks – 100 COPYRIGHT

1. INTRODUCTION: Definition, Nature, Scope, history, Indian copyright, main

features, object, International conventions, copyright and GATT, fixation of copyright, originality as an element of copyright, Ideas, impact of digital medium.

2. SUBJECT MATTER OF COPYRIGHT: SUBJECT IN WHICH

COPYRIGHT SUBSISTS: The works in which copyright subsists, qualification for

subsistence, Literary work, Dramatic work, Musical work, Musical work, Artistic work, Cinematographic film, Sound recording, Computer programme, Broadcasting, Cable Network, photograph, Book.

3. OWNERSHIP OF COPYRIGHT: Who is author? Joint authorship, status of the author, first owner

of copyright, Employee work, Commissioned work, Author of a cinematographic work and sound recording, Computer generated works, ownership of moral right and related right.

4. TERM AND LIMITATIONS ON COPYRIGHT: Introduction, term in case of published literary, dramatic musical

or dramatic works, term in case of anonymous and pseudonymous work, term in case of posthumous, photograph, cinematograph, sound recording, Government works, works of public undertakings and in work of international organisation; Limitations to of copyright, temporal limitations, statutory licences, Fair Access to copyrighted creations, Doctrine of Fair dealing or permitted acts.

5. RIGHTS UNDER COPYRIGHT: General, interest of authors, exclusive economic right, moral

right, and related rights.

6. RIGHTS OF BROADCASTING ORGANISATION AND PERFORMERS

General, broadcasting reproductions rights, infringement, acts not constituting infringement, copyright subsisting in the contents of broadcast, television, musical work, recording; performers right, infringement of performers right, act not constitution infringement of performers rights

46

7. TRANSFER OF COPYRIGHT: Assignments, transfer by law, relinquishment of copyright;

licences, voluntary licences, non-voluntary licences 8. COPYRIGHT OFFICE, COPYRIGHT BOARD AND COPYRIGHT

SOCIETY: Copyright office, Register of copyright office, evidentiary value of

register of copyright, function and obligation of registrar of Copyright; Copyright Board, constitution and function of copyright board, power and procedure of copyright board and its obligation; Copyright society, registration of copyright society, function and obligation of copyright society, control of owners of copyright, rights and liabilities of pre-existing societies.

9. REGISTRATION OF COPYRIGHT: Introductory, qualification for registration, procedure for

registration, entries in register, correction of entries, rectification of register by Copyright Board.

10. INTERNATIONAL COPYRIGHT: Introduction, extension of copyright in foreign works, works of

certain international organisations, restrictions of rights, order as to International copyright to be laid before Parliament.

11. INFRINGEMENT OF COPYRIGHT: General, what is infringement? When copyright is infringed?

Which are not infringements of copyright? When breach of conditions amount to infringement of copyright? Importation of infringing copy, transit rights of land locked countries, obligation of copyright societies in case of account, resale- share right in original copies of author.

12. REMEDIES AGAINST THE INFRINGEMENT OF

COPYRIGHTS: Introduction ; Who can claim remedy? Against whom one may proceed? Civil remedies, Criminal remedies, Administrative remedies, Anton Pillar order, Protection of separate rights, restriction of remedies, suit for declaration, jurisdiction of court, delivery of infringing copies and plates. Remedy by appeal.

Books recommended:

1. P. Narayanan, Copyright and Industrial Design, Eastern Book House.

2. W.R. Cornish, Intellectual Property, Sweet and Maxwell, 3. S.M. Steward, International Copyright and Neighbouring Rights,

Butterworths. 4. Alka Chawla, Copyright and Related Rights Nayional and

International perspective, Macmillan India Ltd. 5. P. Narayanan, Intellectual Property Law, Eastern Law House


47

Paper – 5.10.4 Total Marks – 100 LEGISLATIVE DRAFTING

1. Of Legislation :-

Definition, Meaning, Principles, Nature, Scope, Advantages, Disadvantages and Types

2. Meaning, concept and historical background of legislative drafting 3. Responsibilities of draftsmen 4. Difficulties in legislative drafting 5. Legislative drafting techniques 6. General rules of legislative drafting 7. Use of words, syntax and punctuation in legislative drafting 8. Scrutiny of drafting 9. Forms of Legislative instruments

Books Recommended :

1. Thornton, Legislative Drafting, 2nd Ed. 1979

2. Miers, Legislation

3. Hutton, The Mechanics of Law Reform

4. The Process of Legislation, Second Report from the Select Committee on Procedure 1971

5. Allen, C. K., Law in the Making (1997), First Indian Reprint, Universal Law Publishing Co. Pvt. Ltd., New Delhi.



OFFENCES AGAINST CHILD AND JUVENILE OFFENCES

1. The Indian Penal Code, 1860 – sections.

2. The Juvenile Justice (Care and Protection of Children) Act, 2000.

3. The Child Labour Prohibition Act, 1976.

4. The Trafficking of Children and Immoral Traffic Prevention Act.

5. The Pre Natal Diagnostic Techniques (Prohibition) Act, 1994. Books Recommended :

1. K.D. Gam – Criminal Law and Criminology

2. Ved Kumari – The Juvenile Justice System in India.

3. R.N. Choudhuri – Law relating to Juvenile Justice in India.

4. S.S. Srivastava – Criminology & Criminal Administration. Five questions are to be answered out of ten.

48