VBS Purvanchal University, Jaunpur (U.P) · PDF fileCollective Responsibility, Constitutional Position of President and Governors. Duties of Prime Ministers and Chief Ministers, Ordinance

VBS Purvanchal University, Jaunpur (U.P)

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Law Syllabus LL.B. First Year

I- SEMESTER

PAPER I: LAW OF CONTRACT -1

1. History and nature of contractual obligation.

2. Agreement and Contract: Proposal and acceptance,

communication and revocation - proposal and

invitations for proposal, Consideration.

3. Capacity to contract, Free consent, Factors vitiating

free consent-Coercion, Undue Influence,

Misrepresentation, Fraud, Mistake.

4. Void, Voidable, Illegal and Unlawful Agreements

5. Government Contracts

6. Standard Form Contracts

7. Discharge of Contract and its various modes.

8. Quasi-Contracts or certain relations resembling those

created by contract.

Remedies in Contractual Relations.

10. Specific relief:

Specific performance of contract, Rescission and cancellation, Injunction, Declaratory, orders.


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PAPER II: CONSTITUTION LAW -1

General

Meaning and nature of Constitution Law, Concept of Constitutionalism, Historical background of Indian

Constitution, Essential features of Indian Constitution,

Preamble of Indian Constitution.

2. System of Government under Indian Constitution Separation of power Union & State Executive,

Powers & Functions of President and Governors, Council of Ministers Appointment of Ministers,

Collective Responsibility, Constitutional Position of President and Governors. Duties of Prime Ministers

and Chief Ministers, Ordinance making power of President & Governor.

Union & State Judiciary, Appointment, Duration, Qualification and other conditions of services of the

Judges of Supreme Court and High Courts. Power and Jurisdictions of Supreme Court and High Court,

Independence of Judiciary and Judicial Activism.

Union of State Legislature, Procedure of Law making. Ordinary Bills, Money Bills & Finance Bills,

Parliamentary Privileges.

3. Concept of Federalism]

Division or Distribution of Powers, concept of cooperative Federalism, Union & State Legislative

Relations (Article 245-255), Interstate Trade & Commerce, Emergency Provisions and Impact of

Emergency on Federal System, Constitutional Amendment, Judiciary Vs Parliament, Theory of

Basic Structure of the Constitution

4. Fundamental Rights - Generally

Meaning of "State" against which fundamental rights are available, Doctrine of Judicial Review, Pre & Post

Constitution Laws which are violative of fundamental rights, Doctrine of Waiver, Doctrine of

Eclipse, Doctrine of Severability, Doctrine of Prospective Over-ruling.


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PAPER III : TORTS AND CONSUMER PROTECTION LAWS

1. Evolution of Law of Torts

2. Definition, Nature, Scope and Objects

A wrongful act- violations of duty imposed by law, damnum sine injuria and injuria sine damnum,

Tort distinguished from crime and breach of contract, Changing scope of law of torts.

3. Principles of Liability in Torts

Fault, Liability without fault, Violation of ethical codes, Statutory liability, Place of motive in torts

4. Justification of Tort

Volenti non fit injuria, Necessity, PlantifFs default, Act of God, Inevitable accident, Private

defence, Statutory authority, Judicial and quasi-judicial acts, Parental and quasi-parental acts

5. Extinguishment of liability in certain situations

Actio personalis maritur cum persona-exceptions,

Waiver and acquiescence, Release, Accord and

satisfaction, Limitation

6. Standing

Who may sue and Who may not be sued?

7. Doctrine of sovereign immunity and its relevance in India

S, Vicarious Liability

3. Torts against persons and personal relations

Assault, battery, mayhem. False imprisonment, Defamation, Marital relations, domestic

relations, parental relations, master and servant relations, Malicious prosecution, Shortened

expectation of life, Nervous shock.

1 0, Wrong affecting property

Trespass to land, Trespass ab initio, Trespass to goods, Detinue, Conversion, Injurious

falsehood, Misstatements, Passing off. Negligence Nuisance

Absolute/Strict liability

The rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries, No

fault liability under Motor Vehicles Act, 1988 Remedies

Legal remedies- Award of damages, Injunction, Specific restitution of property, Extra-legal remedies-

self-help, re-entry onland, re-caption of goods, distress damage feasant and abatement of

nuisance.

15. Consumer Protection

Consumerism in India: food adulteration, drugs and cosmetics- essential commodities, The

Consumer Protection Act 1986 (CPA)- Object and Scope, Consumer, Unfair Trade Practices,

Consumer of goods, Defects in goods- Standards of purity, quality, quantity and potency, Price

control, Supply and distribution of goods, Service- Deficiency - meaning; Professional services, Public

Utilities, Enforcement of consumer rights, Consumer for a under CPA :

jurisdiction\powers and functions


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PAPER IV: FAMILY LAW -1'

1. Sources of Hindu Law and Muslim Law

2. Marriage amongst Hindu (with special references to

relevant enactments, including Hindu Marriage Act

1955 and Special Marriage Act 1954) and Marriage

amongst Muslims in India-

Nature, Kinds of Marriage, Requirements of

Marriage, Matrimonial remedies- Restitution of

Conjugal Rights, Judicial Separation, Decree of

Nullity and Dissolution of Marriage.

Minority and Guardianship amongst Hindu and Muslims.

4. Maintenance amongst Hindus and Muslims.

5. Adoption amongst Hindus and Acknowledgement of

Paternity under Muslim Law.

6. Dowry Prohibition Act, 1961.


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PAPER V (A): INDIAN FEDERALISM

(TO BE PRESCRIBED) PAPER V (B): HUMAN RIGHTS LAW & PRACTICE

1. Concept, Origin, Development, Importance, Classification.

2. Fundamental Rights and Directive Principles of State

Policy under Constitution of Indian and International

Instruments

3. Human Rights and Vulnerable Group-Right of

Women, Children Disabled Tribals and Minorities

with Special reference to Part IV-A of the Constitution

of India (Fundamental Duties)

Enforcement of Human Rights in International Law 5. International Humanitarian Law applicable to

Armed Conflicts

a. Civilian and Armed Conflicts

b. Prisoners of War

c. Punishment of War Crimes

Refugee Law - Origin, Definition, Development, Right and Responsibilities, Protection of

Internally disabled persons.

.


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PAPER V (C): BANKING LAW

1. Introduction

Banking, definition-common law and statutory, Commercial banks and their functions.

2. Banks and Customers

Customer: meaning, Banker- customer relationship,

Rights and obligations of banks, Account of customers,

Special types of customers Lunatics, minors, agents,

administrators and executors, partnership firms and

companies.

Control over Banks

Central Banking Theory and RBI

Lending by banks

Merchant Banking

Letter of Credit and Demand Guarantee

Law Relating to Negotiable Instruments

PAPER VI : GENERAL ENGLISH AND LEGAL LANGUAGE

1. Formation of Sentences- Simple sentences, Active

to Passive, Affirmative to Interrogative, Positive to

Negative, Complex and Compound

2. Legal terms; Words & Phrases:

Ab-initio, Actus reus, Ad infmitum, Ad interm, Amicus curiae, Animus possidendi, Causa sine qua non,

Caveat emptor, Defacto, De jure, De novo, Ejustem Generis, Exparte, Expost Facto, In forma

Pauperis, In limine, In rem, Inter alia, Lis pendens, Locus standi, Mesne profits, Mutatis mutandis, Nemo,

Obiter-dicta, Onus probandi, Pari passu Mensrea, Mala prohibta, Quid proquo, Ratio decidendi Res

gestae, Res judicata, Res nullius, Rule nisi, Stare decisis, Sub Judice, suo motu, ultra vires.

3. Abbreviations

4. One Word Substitution

5. Letter Writing: Commercial Letters either in Hindi

or in English.

6. Composition Skills: Paragraph writing

7. Precis Writing

8. Legal Essay : In Hindi and English (at least 200

words) on Fundamental Duties, Criminalisation of

Politics, Pollution and its effects. Globalisation,

Uniform Civil Code, Secularism, Public Interest

Litigation, Consumer Protection, Lok Adalat

9. Translation : From Hindi to English and English to

Hindi


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II-SEMESTER PAPER I: SPECIAL CONTRACT

1. Indemnity

The concept, Need for indemnity to facilitate commercial transitions, Methods of creating

indemnity obligations, Definition of indemnity, Nature and extent of liability of the indemnified,

Commencement of liability of the indemnified, Situations of various types of indemnity creations,

Documents/agreements of indemnity, Nature of indemnity clauses, Indemnity in cases of International

transactions, Indemnity by governments during

interstate transactions.

e Guarantee

The concept, Definition of guarantee: as distinguished from indemnity, Basic essentials for a valid guarantee

contact, The place of consideration and the criteria for ascertaining the existence of consideration in

guarantee contracts, Position of minor and validity of guarantee when minor is the principal debtor,

creditor or surety, Continuing guarantee, Creation and identification of continuing guarantee, Rights of surety, Co-

surety and manner of sharing liabilities and rights, Extent of surety's liability, Discharge of surety's

liability. Bailment

Definition of bailment, Kinds of bailees, Duties of Bailor and Bailee towards each other, Rights of bailor

and' bailee. Finder of goods as a bailee- Liability towards the true owner, Obligation to keep- the goods safe,

Right to dispose off the goods.

4. Pledge

Pledge comparison with bailment, Commercial unity of pledges transactions, Definition of pledge under the

Indian Contract Act, Rights of the pawner and pawnee, Pledge by certain specified person

mentioned in the Indian Contract Act.

5. Agency

Different kinds of agency transactions in day to day life in the commercial world, Kinds of agents and

agencies, Distinction between agent and servant, Essentials of a agency transaction, Various methods of

creation of agency, Delegation, Duties and rights of agent, Scope and extent of agent's authority,

Liability of the principal for acts of the agent including misconduct and tort of the agent, Liability of the agent

towards the principal, Personal liability towards the parties, Methods of termination of agency contract,

Liability of the principal and agent before and after such termination.

6. Sale of Goods-

Concept of sale as a contract, Illustrative instances

of sales of goods and the nature of such contracts,

Essentials of contracts of sale, Essential conditions in every contract of sale, Implied terms in

contract of sale, The rule of caveat emptor and the exceptions thereto under the Sale of Goods Act,

Changing concept of caveat emptor, Effect and meaning of implied warranties in a sale, Transfer

of title and passing of risk, Delivery of goods: various rules regarding delivery of goods, Unpaid

seller and his rights, Remedies for breach of contract

7. Partnership-Nature and definition of Partnership, Distinct advantages and

disadvantages vis-a-vis partnership and private limited company, Mutual relationship between

partners, Authority of partners, Admission of partners, Outgoing of partners, Registration of

partnership, Dissolution of partnership


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: CONSTITUTIONAL LAW - II

1. Right to Equality

Equality before law, Prohibition of discrimination Equality in the matter of Public Employment,

Abolition of untouchability. Abolition of titles,

2. Right to Freedom

Freedom of speech and expression, right to assemble, to from union & Association, movement, reside and

settlement, profession, occupation trade & business,

Ground of reasonable restriction, \

3. Personal Liberty

i. Retroactive punishment, double j eopardy, self

incrimination.

ii. Right to life & personal liberty, iii.Preventive detention, rights against

exploitation.

4. Right to Religion

Freedom to religion, scope, ground of restrictions, Denominational rights, rights against the imposition of

tax for the promotion of particular religion, right

not to attend religious institutions and worship in educational institutions. Cultural & Educational

Rights Right to minority to protect religion, language and script, to establish

and administer educational institution. ?, Right to Constitutional Remedy

Right to go before Supreme Court and High Court for the enforcement of fundamental rights, writs.

Public Interest Litigations, Impact of Emergency Fundamental rights.

7. Directive principles of State Policy and Relation with

Fundamental Rights.

8. Fundamental Duties and Relation with Fundamental

Rights.

PAPER III: PUBLIC INTERNATIONAL LAW

1. Definition and Nature of International Law

2. Sources of International Law its relation with

Municipal Law

3. Recognition of State, Acquisition of Territory,

Extradition, Asylum

4. Law of Treaties

5. Settlement of International Disputes

6. Diplomatic Relations

7. United Nations, Main Organs of United Nations

PAPER IV: FAMILY LAW II

1. Joint Hindu Family


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i. Coparcenary ii. Alienation iii.Debts iv. Partition Religious and Charitable endowments 5. Stridhan

and woman estate

4. Hindu Succession Act 1956

5. Preemption

6. Wills and Gifts in Muslim Law

7. General Principles of inheritance amongst Muslims

8. Indian Succession Act 1925

Part-I, Part-IV, Part-V : Chapter I, Chapter II, Part VI, Chapter I, V and Part X


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PAPER V (A): RIGHT TOWFORMATION (TO BE PRESCRIBED)

PAPER V (B) : INSURANCE

1. Introduction

Definition, Nature of Insurance, History and development of insurance in India, Insurance

Regulatory Authority-role and functions

2. General principles of law of Insurance:

Contract of Insurance, Principles of good faith,

insurable interest, The risk, The policy, classification

of policies-its form and content, its commencement

duration, cancellation, alternation, rectification,

renewal assignment, construction, Condition of the

policy, Alternation of the risk, Assignment of the

subject matter

3. Life Insurance

Nature, definition and scope of life insurance, kinds of life insurance,

Event insured against life insurance contract, circumstances affecting the risk, Amounts

recoverable under life policy, Persons entitled to payment, Settlement of claim and payment of money

4. Marine Insurance

Nature and Scope, Classification of marine policies-The Marine Insurance Act 1963, Insurable interest,

insurable value, Marine insurance policy - conditions

- express warranties, Voyage - deviation, Perils of :he sea, Partial loss of ship and freight, salvage,

general average, particular charges, Measure of indemnity, total valuation liability to third parties.

5. Insurance Against Third Party Risks

The Motor Vehicles Act, 1988 (Chapter VIII), Nature and scope, Person governed definition of "use"

"drives" "motor vehicle", requirement of policy, statutory contract between insurer and drive

rights of third parties, limitations on third party's rights duty to inform third party, Effect of insolvency

or death on claims insolvency and death of parties, certificate of insurance, Conditions to be

satisfied, Claims tribunal, constitution, functions, application for compensation - who can

apply? procedure and powers of claims tribunal - its award, Co-operative insurance (Motor

Vehicles Rules)

6. Social Insurance in India

Important elements in social insurance, its need, Commercial insurance and social

insurance, Workmen's compensation - scope, risks covered, industrial accidents, occupational

diseases, cash benefits, incapacity, amount of compensation, nature of injuries, dependents, schedule,

Sickness insurance,

Adrakar Scheme, Stack and Rao scheme for wage earners and other, risks covered maturity and other

benefits Old age, premature death and invalidity insurance or pension insurance, public provident fund

jeevandhara policy, Unemployment insurance, Social insurance for people like seaman, circus workers,

and agricultural workers.

7. Public Liability Insurance

The scheme, Authorities

8. The Emerging Legislative Trends


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PAPER V(C): HEALTHY LAW

(TO BE PRESCRIBED)


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LL.B. Second Year

III-SEMESTER

PAPER I: JURISPRUDENCE 1. Introduction

Meaning of the term jurisprudence, Norms and the normative system : Different types of normative

systems, such as of games, languages, religious orders, unions, clubs and customary practices, Legal

system as a normative order similarities and differences of the legal system with other

normative systems Nature and definition of Law

2. Schools of Jurisprudence

Analytical positivism, Natural Law, Historical School, Sociological School, Economic

interpretation of law, The Bharat jurisprudence: The Ancient Concept of Dharma, The Modern: PIL, social

justice, compensatory jurisprudence

3. Sources of Law

Legislation, Precedents concept of stare decisis, Customs, Juristic writings

4. Legal Rights

Concept, Kinds, Right duty correlation

5. Persons

Nature of personality, Status of the unborn, minor, lunatic drunken and dead persons,

Corporate

personality, Dimensions of the modern legal personality: Legal personality of non-human beings

6. Possession

Concept, Kinds of possession

7. Ownership

Concept, Kinds of ownership, Difference between possession and ownership, Title

8. Property

Concept, Kinds of property

9. Liability

Conditions for imposing liability - Wrongful act, Damnum sine injuria, Causation, Mens rea, Intention,

Malice, Negligence and recklessness, Strict liability, Vicarious liability

PAPER II: INDIAN PENAL CODE

1. General .

Concept of crime, Distinction between crime and other wrongs, Applicability and Salient features of

I.RC.

2. Elements of criminal liability

3. Group liability

Common intention, Abetment, Criminal conspiracy, Unlawful assembly, Rioting as a specific offence

4. Stages of crime

Guilty intention, Preparation, Attempt

5. General Exception


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6.' Types of punishment

Death : Social relevance of capital punishment, Alternatives to capital punishment, Imprisonment- for

life, with hard labour, simple imprisonment, Forfeiture of property, Fine, Discretion in

awarding punishment : Minimum punishment in respect of certain offences

7. Specific offences against human body

Culpable homicide, Murder, Distinction between culpable homicide and murder, culpable

homicide not amounting to murder, Rash and negligent act causing death, Hurt-grievous and simple,

Assault and criminal force, Wrongful restraint and wrongful confinement- Kidnapping and

abduction

8. Offences against women

Insulting the modesty of woman, Assault or criminal force with intent to outrage the modesty of women,

Causing miscarriage without woman's consent, Kidnapping or abducting woman to compel her

to

marry or force her to illicit intercourse, Buying a minor for purpose of prostitution, Rape, Prevention of

immoral traffic, Cruelty by husband or his relatives, Prohibition of indecent representation of woman

9. Offences against Property

Theft, Extortion, Robbery, Dacoity, Cheating, Mischief, Criminal misrepresentation and criminal

breach of trust

10. New kinds of crimes such as terrorism, Pollution and

adulteration

11. Law Reforms


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PAPER III: COMPANY LAW

1. Meaning of Corporation:

Theories of corporate personality, Creation and extinction of corporations.

2. Forms of Corporate and Non-corporate Organisations

3. Law relating to companies- public and private-Companies Act, 1956.

Formation of a company registration and incorporations, Memorandum of Association, Articles

of Association, Prospectus, Promoter - position -duties and liabilities

4. Shares, Shareholder, Share capital, Debentures

5. Directors - position - appointment - qualification -vacation of office - removal -

registration - powers and duties of directors- meeting- registers, loans remuneration of directors-

role of nominee directors-compensation for loss of office- managing directors-compensation for

loss of office-managing directors and other managerial personnel.

6. Meetings-kinds-procedure-voting

7. Dividends-payment-capitalisation profit

8. Audit and Accounts, Borrowing powers

9. Protection of minority rights, Oppression and mismanagement, Investigation

10. Reconstruction and amalgamation, Winding up

11. Multinational Companies

12. Corporate Liability

PAPER IV: PROFESSIONAL ETHICS, ACCOUNTANCY FOR LAWYERS AND

BAR BENCH RELATIONS

The courses will be taught in association with practicing lawyers on the basis of the following

materials:

a) Mr. Krishnamurthy Iyer's book on "Advocacy"

b) The Contempt Law and Practice

c; i ne tsar council Code ot Ethics

d) 50 selected opinions of the Disciplinary Committees of Bar Councils and 10 major judgments

of the Supreme Court on the subject

A. Written Examination of 60 marks in the semester

examination.

• B. VIVA- VOCE Examination of 20 marks.

Anyone of the following

PAPER V (A) : INTERPRETATION OF STATUTES AND PRINCIPLES OF

LEGISLATION

1. Definition of interpretation and construction.

2. Nature of Judicial process judges as law makers.


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3. Principles of statutory interpretation, General aspects, why rules necessary for

interpretation of statute, rules of law and rules for interpretation, the distinction.

4. The three rules, Primary rule, Mischief rule, Golden rule

Intention of the legislature Aids to construction Internal Aids, External Aids Effect and operation

of Statutes Repeal of Statutes, Retrospective operation of Statutes, Effect of statutes on the State

Construction of Penal Statutes

9. Construction of Taxing Statutes

10. Interpretation of Constitution

(TO BE PRESCRIBED) APER V (C) : FORENSIC SCIENCE (TO BE PRESCRIBED)


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IV-SEMESTER

PAPER I: CIVIL PROCEDURE CODE

1. Introduction

Concepts: Affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder,

judgement-debtor, meanse profits, written statement.

2. Jurisdiction

Kinds, Res-subjudice and Resjudicata, Foreign judgement-enforcement, Place of suing,

Institution of suit, Parties to suit, mis-joinder or non-joinder of parties: representative suit- Frame

of suit: cause of action, Summons

3. Pleadings

Rules of pleading, signing and verification-Alternative pleadings, Construction of pleadings,

Plaint: particulars, Admission, return and rejection, Written statement: particulars, rules of

evidence, Set off and counter claim: distinction, Discovery, inspection and production of

documents.

Appearing, examination and trial

Appearance, Ex-part procedure, Summary and attendance of witnesses, Trial, Adjournments,

Interim orders : commission, arrest or attachment before judgement, injunction and appointment

of receiver, Interest and costs Execution

The concept, General principles, Power for execution of decrees, Procedure for execution,

Enforcement, Arrest and Detention, Attachment, Sale, Delivery of property, Stay of execution

Suits in particular cases

By or against government, Public nuisance, Suits by or against firm, Suits in forma pauperis,

Interpleader suits, Suits relating to public charities Appeals

Appeals from original decree, Appeals from appellate decree, Appeals from orders, General

provisions relating to appeal, Appeal to the Supreme Court

Review, Reference and Revision Miscellaneous

Transfer of cases, Restitution, Caveat, Inherent powers of courts

PAPER II: CRIMINAL PROCEDURE CODE

1. Introductory

The rationale of criminal procedure: the importance of fair trial, Constitutional perspective:

Articles 14, 20 & 21, The variety of criminal procedures (the class should examine, iaparticular

the procedure for trial of social offences, especially, offences under the Prevention of Corruption

Act and Narcotic Drugs and Psychotropic Substances Act), The organization

of police, prosecutor, defense counsel and prison authorities and their duties, functions and

powers. Constitution and Powers of criminal Courts Pre-trial process:

Arrest, Arrest with and without warrant, Right of the arrested person.

Pre-trial process: Search and Seizure

Pre-trial Process

F.I.R., Evidentiary value of F.I.R.


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Pre-trial Process; Magisterial Powers to Take

Cognizance

Trial Process

Commencement of proceedings, Dismissal of complaints, Bail Fair Trial Charge

Preliminary pleas to bar the trial Jurisdiction, Time limitation: rationale and scope, Pleas of

autrefois acquit and autrefois convict, Issue-Estoppel, Compounding of offence.

substantive Kigths, Summons Trial, Warrant Trial and Summary Trial

12. Judgement

13. Appeal, Review, Revision

PAPER III: PROPERTY LAW

A. Transfer of Property Act 1982

1. General Principles (Section 1 to 53 A)

Sales

Mortgages

Leases

Exchange

Gifts

Actionable Claim

Easements Act 1982

PAPER IV: ALTERNATIVE DISPUTE RESOLUTION

Outline of the sources:

a) Negotiation skills to be learned with simulated program

b) Conciliation skills

c) Arbitration Law and practice including International arbitration and Arbitration rules.

The course is required to be conducted by senior legal parishioners through simulation and case

studies. Evaluation may also be conducted in practical exercises at least for a significant part of

evaluation.

Anyone of the following

PAPER V (A): PENOLOGY AND VICTIMOLOGY

1. Definition and Nature of Penology - Relation with Criminal Law and Criminology

2. Concept of Punishment

Evolution, kinds, Theories, Desirability to abolish capital punishment compensation and

reparation, Indeterminate sentence.

5. Machineries of Criminal Justice

Police system, criminal court, juvenile court, probation with reference to probation of Offender

Act, 1958, Parole, Pardon, Prison administration, prospects of correction

4. Statutory protection to criminal

5. Prevention of Crime-General prevention of crime and delinquency Statutory Premonition

6. Victims of Crime


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PAPER V (B): PRIVATE INTERNATIONAL LAW

1. Introductory

Meaning, Nature and Scope of Private International Law, Difference between public and private

international law, Unification effects: In Europe and America

2. Choice of Jurisdictions (First stage)

3. Choice of Law-Lex Causes (Second Stage)

4. Limitations on applications or exclusion of foreign law

5. Incidental Question and Time Factor in private International Law

6. Concept of Domicile Elements, Kinds

7. Status

8. Marriage

Marriage as a contract and also how different from other contracts (social personal contract),

Kinds of Marriage, How in India, marriage as a concept moved from partially polygamous

towards monogamous type and total sacrament to secularization to some extent, Questions of

formal and essential validity, Capacity to marriage, Essential validity usually governed by lex

domicilii, Matrimonial Reliefs

9. Legitimacy and Legitimation

11. Custody and Guardianship

12. Property

Distinction between movable and immovable property, Immovables governed by lex situs-

exceptions in English Law-s. 16 C.P.C. lex situs rule, Succession to immovable property- lex

patrae, Movables; tangible and intangible, Transfer of Tangible Movables (Particulars

Assignment).

13. Succession

Testate and intestate succession, Will - Formal and Essential Validity, Capacity-lex domiicilii to

make will (movables generally), In case of immovables, lex situs governs

14. Contracts

Contracts, Validity of contracts, Capacity to contract-Main four the theories Lex Loci, Lex

Domicillii, lex situs and proper law, Formal validity, Essential validity

Recognition and Enforcement of Foreign Judgments


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PAPER V (C) : COPY RIGHT

1. Historical evolution of the law

2. Meaning of copyright, Copyright in literary, dramatic and musical works, Copyright in

sound records and cinematography films, Copyright in computer programme

3. Ownership of copyright, Assignment off copyright.

4. Authors special rights

5. Notion of infringement, Criteria of infringement, Infringement of copyright by films of

literary and dramatic works, Importations and infringement

6. Fair use provisions

7. Privacy in internet

8. Aspects of copyright justice

9. Remedies, especially, the possibility of Anton Pillar injunctive relief in India.


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LL.B Third Year

V - SEMESTER PAPER I: ADMINISTRATIVE LAW

1. Meaning and growth of administrative Law

2. Administrative Law and Constitutional Law, relation between two and Rule of Law

3. Administrative action, discretion and direction, Judicial control of administrative

discretion

Legislative Power of administrative agency

Administrative Tribunals jfy

Liability of and suit agaiiist union of India and State

and other Public authority

Power of adjudic^fen of administrative Agency

Control of administrative adjudication

Lokpal and Lok Ayukta

PAPER II: LABOUR LAW -1

1. Historical perspectives on Labour

Labour through the ages- slave labour- guild system division on caste basis- labour during feudal

days, Colonial labour law and policy, Labour capital conflicts : exploitation of labour, profit

motive, poor bargaining power, poor working conditions, unorganised labour, bonded labour

surplus labour, division of labour and super-specialisation- lack of alternative employment,

Theories of labour and surplus value

2. The Industrial Disputes Act, 1947

3. The Trade union. Act -1 -

The Factories Ad; 1^11

PAPER III: EVIDENCE

1. PRELIMINARY

2. OF THE RELEVANCY FACTS

3. ADMISSIONS, CONFESSION

4. STATEMENTS BY PERSONS WHO CAN NOT BE CALLED AS WITNESS, STATEMENTS MADE

UNDER SPECIAL CIRCUMSTANCES

5. HOW MUCH OF A STATEMENT IS TO BE PROVED

6. OPINION OF PERSONS WHEN RELEVANT

7. CHARACTER WHEN RELEVANT

8. Oral evidence, and Documentary evidence, Exclusion of Oral Evidence by Documentary

Evidence

9. Documents Public and Private Presumption as to documents.

10. Of the Burden of proof

11. Estoppel

12. Of Witnesses, Examination of Witness


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13. Of Improper Admission of Evidence

PAPER IV : DRAFTING, PLEADING AND CONVEYANCE

This course will be taught through class instructions and simulation exercises, preferably with

assistance of practicing lawyers/retired judges. Apart from teaching the relevant provisions of

law, the course will include 15 exercise in Drafting carrying a total of 45 marks and 15 exercises

in Conveyancing carrying another 45 marks. (3 marks for each exercise), remaining 10 marks

will be given for viva-voce.

(a) Drafting

General principles of drafting and relevant substantive rules shall be taught:

(b) Pleadings:

(1) Civil; (i) Plant (ii) Written statement (iii) Interlocutory Application (iv) Original Petition (v)

Affidavit (vi) Executive Petition (vii) Memorandum of Appeal and Revision (viii) Petition under

Article 226 and 32 of the Constitution of India.

(2) Criminal : (i) Complaints (ii) Criminal Miscellaneous Petition, (iii) Bail Application and (iv)

Memorandum of Appeal and Revision, (c) Conveyancing:

(1) Sale Deed (ii) Mortgage Deed (iii) Lease Deed (iv) Gift Deed (v) promissory Note (vi) Power

of Attorney (vii) Will.

The remaining 10 marks will be given in viva voce examination

which will test the understanding of legal practice in relation to Drafting, Pleading and

Conveyancing.

PAPER V (A): BANKRUPTCY AND INSOLVENCY

1. Introductory

The concept: inability to pay debt, Comparative perspectives : England, United States, India

2. Insolvencyjurisdiction .

\^uuiis ttiiu uicii puwcrs

3. Acts of Insolvency

4. Insolvency Petition

5. Appointment of interim receiver, Interim proceedings against the debtor, Duties of

Debtors, Release of Debtor, Procedure at hearing, Dismissal of petition filed by a creditor

6. Order of adjudication, Proceedings consequent on order of adjudication, Annulment of

adjudication

7. Post adjudicatory scheme for satisfaction of the debt, Discharge of debtor

8. Effect of insolvency on antecedent transaction, Realization of property, Distribution of

property

9. Offences by debtors

10. Disqualification of insolvent

11. Appeal

12. Suit by Indigent Persons

PAPER V (B): EQUITY AND TRUSTS

1. The concept of trust: distinction with agency and contract

2. Trusts- Definition, Nature and Classification, Creation of trusts

3. Rights, Duties, Powers and Disabilities of Trustees


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4. Rights and Liabilities of Beneficiaries

5. Discharge of Trustees

6. Appointment of New Trustees

7. Extinction of Trust

8. Nature Hi s to ry and growth of Equity

9. Maxims ofEquity

PAPERV(C): IT OFFENCES

(TO BE PRESCRIBED

VI-SEMESTER PAPER I: ENVIRONMENTAL LAW

1. Concept of environment and Pollution Environment - Meaning and contents,

Pollution - Meaning, Kinds of pollution, Effect of pollution

2. Legal Control: Historical perspective

Indian tradition: dharma of environment, British Raj-Industrial development and exploitation of

nature, Free India- continuance of British influence Constitutional Perspective

Constitutional making - development and property oriented approach Directive principles,

Fundamental Duty, Fundamental Rights, Rights to clean and healthy environment, Right to

education, Right to information, Environment v. development, Enforcing agencies and remedies.

Courts. Tribunal, Constitutional, statutory and judicial remedies, Emerging principles, Polluter

pays principle. Public liability insurance, Precautionary principle, Public trust doctrine,

Sustainable development Water and Air P d I lution

Meaning and standards, Culprits and victims, Offences and penalties, Judicial approach Noise

Pollution - Meaning and Legal Control Environme:.:.: Pr:reetion

Protection a2 Power and functions, Protection: mean 5 : ■ . : ns. Emerging protection through

DELEGATED kpisibifiion- Hazardous waste, Genetic

eo.z.o'ie::tr I: ■ ~: nmer.t impact assessment, Coastal

maut- mfflMxmaimafL Em'ironmental audit and eco

Greenery conservation laws- Forest conservation, Conservation agencies, Wild life

8. Bio-diversity

Legal control, Control of eco-unfriendly experimentation on animals, plants and micro organism

9. International regime

Stockholm conference, Green house effect and ozone depletion, Rio conference, Bio-diversity,

U.N. declaration on right to development Wetlands

PAPER II: LABOUR LAW - II

1. The Workmen's Compensation Act, 1923

2. The Minimum Wages Act, 1948

3. The Payment of Wages Act, 1936

4. The Employee's State Insurance Act, 1948

The Bonded Labour System (Abolition) Act, 1976

Paper III: PRINCIPLES OF TAXATION LAW

1. General perspective


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History of tax law in India, Fundamental Principle relating to tax laws, Governmental financial policy, tax structure and

their role in the national economy, Concept of tax, Nature and characteristic of taxes, Distinction between, Tax and fee,

Tax and cess, Direct and indirect taxes, Tax evasion and tax

State Legislature and Local bodies.

2. Income Tax Act, 1961

Definitions- Agricultural Income, Assessee, Assessing Officer, Assessment year, Previous Year,

Person, Business, Books of Account, Additional Commissioner, Deputy Commissioner, Basic

Concept: Income, Total income, Income not included in total income, Deemed income, Clubbing

of income

Heads of Income- Salaries, Income from house property, Income from business or profession,

Capital gains, Income from other sources, Deductions, relief and exemptions, Rate of income tax

Income Tax Authorities- Power and functions t

Settlement of grievances, Authorities, Powers and functions

3. Wealth Tax Act

Taxable wealth, determination of value of assets, exemptions, and rate of wealth tax, Wealth tax

authorities, Offences and penalties

4. Central Sales Tax Act, 1956

Meaning of sale, Sale in the course of inter-state trade and commerce, Sale or purchase of goods

to take

place outside a State, Sale or purchase of goods to take place in the course of export or import,

Registration of Dealers, Central sales tax authorities, Offences and penalties

5. Sen ice Tax

Taxable sendee, Meaning and importance of service tax. Constitutional perspective, Salient

provisions of the service tax law, Valuation of taxable service, Offences and Penalties

6. UP Value Added Tax Act, 2008

Definitions: Appellate authority, Assessing authority, Assessment year. Business, Goods,

Exempted goods, Manufacturer, Non-Vat goods, Purchase Price, Sales Price, Taxable goods

Incidence, Levy and Rate of Tax, Registration, Security and Maintenance of Accounts,

Assessment of Tax, Refunds and Adjustments, Tax Audit, InHpectioii, Search and Seizure,

Penalties, Appeal,

PAPER IV : MOOT COURT EXERCISE AND INTERNSHIP

This paper will have three components of 30 marks each and a viva for 10 marks.

(a) Moot Court (3 0 marks) Every student will doat least three moot courts in a year with 10

marks for each. The moot court work will be on assigned problem and it will be evaluated for5

marks for written submissions and 5 marks for oral advocacy.

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

Student will attend two trials in the course of last 2 or 3 years of LL.B. Studies. They will

maintain a record and enter the various steps observed during their attendance on different days

in the court assignment. This scheme will - carry 30 marks.

(c) Interviewing techniques and Pre-trial preparations and internship diary (30 marks): Each

student will observe two interviewing sessions of clients at the Lawyers Office/Legal Aid Office


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and record the proceedings in a diary which will carry 15 marks. Each student will further

observe the preparation of documents and court papers by the Advocate and the procedure for

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

1. The fourth components of this paper will be Viva Voce examination on all the above three

aspects. This will carry 10 marks.

PAPER V (A): LAND LAWS INCLUDING TENURE AND TENANCY SYSTEM

1. U.P. ZAMIDARI, ABOLITION AND LAND REFORMS ACT,

1950.

• 2. U.P. LAND REVENUE ACT.

(B) : TRADE MARK AND DESIGN

1. THE RATIONALE OF PROTECTIONS OF TRADEMARKS AS (A) AN ASPECT OF COMMERCIAL AND

(B) OF CONSUMER RIGHTS.

2. DEFINITION AND CONCEPT OF TRADE MARKS

3. REGISTRATION

4. DISTINCTION BETWEEN TRADEMARK AND PROPERTY MARK

5. THE DOCTRINE OF HONEST CURRENT USE.

6. THE DOCTRINE OF DECEPTIVE SIMILARITY

7. PROTECTION OF WELL-KNOWN MARKS

8. Passing off and infringement

9. Criteria of infringement

10. Standard of proof in passing off action

Remedies

Paper V (C) Maritime Law

1. Maritime Law Sources- Custom, International conventions, Resolution and recommendation of international

organizations, Decisions of courts : ICJ. international arbitration and national courts, State

practices, Juristic writings.

2. Internal waters

Meanings, Maritime boundary, Innocent passage, Regime of maritime ports.

3. Territorial waters

Territorial sea: concept and development, ; conflicting claims of coastal states. Coastal state

jurisdiction, Access of ships to the terr:::-riai sea, Scientific research jurisdiction

4. Contiguous Zone

Concept and relevance in present time. C: is'tal state jurisdiction over customs and law and other

confined to contiguous or not

5. Exclusive Economic Zone, Continental Shelf

6. International straits and archipelagos


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7. International fisheries mankind, Access to

8. high seas: conflict between maritime states and land locked states, Piracy, Hot pursuit,

International seabed authority: constitutional, power and jurisdiction, Exploration and

exploitation of sea bed, Pioneer investors

9. Conservation and Exploitation of Maritime Resources

Living and Non-living resources Importance, Kinds, Conservation and management of the

resources, Exploitation of the resources, Marine pollution.