the university of burdwan - buruniv.ac.in

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THE UNIVERSITY OF BURDWAN

5 - Year B.A. LL.B. (Hons.) Course

DETAILED SYLLABUS

(w.e.f. Academic Session 2020-2021 onwards)

5 yrs B.A. LL.B. (Hons) SYLLABUS (CBCS) Credit Structure (Non Clinical papers)

L P T TOTAL ESC IA TOTAL

3 1 1 5 80 20 100

Credit Structure (Clinical papers) Paper Code L P T ESE IA/ Viva Voce/

Practical Total

5.9.4 1 3 0 0 30+30+30+10 100

5.10.2 1 3 0 0 45+45+10 100

5.10.3 3 1 0 60 20+20 100

5.10.4 1 3 0 0 80+20 100

Question pattern Non Clinical

i) 20 marks internal ( to be decided and evaluated by the subject teacher) ii) 80 marks external (hours: 3 hrs)

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Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each) Q.2. 3 questions out of 4 (3x10) = 30 marks Q.3. 2 questions out of 4 (2x20) = 40 marks

Clinical

Paper: 5.10.3

i) 20 marks internal ( to be decided and evaluated by the subject teacher based on the report submitted)

20 marks viva voce ii) 60 marks external (hours: 2.5hrs)

Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each) (From Part A of the syllabus ) Q.2. 3 questions out of 4 (3x10) = 30 marks (From Part A of the syllabus ) Q.3. 1 questions out of 2 (1x20) = 20 marks (From Part B of the syllabus )

Papers 5.10.2, 5.10.4, 5.9.4 will be evaluated based on practical submissions and through viva voce. LCC Semester –I 80+20 Compulsory Course 5.1.1 - English-I 5.1.2 - Political Science-I 5.1.3 - Sociology -I 5.1.4 - Economics -I 5.1.5 - Law of Torts including MV accident and CP Laws 5.1.6 - Contract-I (General Principles)

LCC Semester –2 80+20 Compulsory Course 5.2.1 - English-II 5.2.2 - Political Science-II 5.2.3 - Sociology -II 5.2.4 - Economics -II 5.2.5 - Special Contract 5.2.6 - Environmental Law. LCC Semester – 3 80+20 Compulsory Course 5.3.1 - English-III 5.3.2 - Political Science-III

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5.3.3 - Political Science-IV 5.3.4 - Sociology -III 5.3.5 - Economics -III 5.3.6 - Legal Method LCC Semester – 4 Compulsory Course 80+20 5.4.1 - Political Science - V 5.4.2 - Political Science- VI 5.4.3 - Constitutional Law - I 5.4.4 - Family Law –I LHC Hons Course 5.4.5 - Media and Law LOC Optional course 5.4.6 - Right to Information LCC Semester – 5 80+20 5.5.1 - Family Law - II 5.5.2 - Law of crimes - I 5.5.3 - Constitutional law II LHC Hons course 5.5.4 - Human Rights law and Practice LOC Optional course 5.5.5 - Private International Law LCC Semester – 6 80+20 Compulsory Course 5.6.1 - Jurisprudence 5.6.2 - Property Law 5.6.3 - Law of crime II LHC Hons course 5.6.4 - Banking law 5.6.5 - Insurance Law LOC Optical course 5.6.6 - Corporate Governance Law

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LCC Semester – 7 80+20 Compulsory Course 5.7.1 - Administrative law 5.7.2 - Labour and Industrial Law-I

5.7.3 - Law of Evidence LHC Hons courses 5.7.4 - Competition Law 5.7.5 - Information Technology and Law LOC Optional course 5.7.6 - Offences Against child and Journal offence LCC Semester – 8 80+20 Compulsory Course 5.8.1 - Labour law II 5.8.2 - Code of civil procedure and limitation 5.8.3 - Company Law LOC Hons course 5.8.4 - Patent Right creation & Registration 5.8.5 - Law of copy right

Optional course 5.8.6 - Alternative Dispute Resolution LCC Semester – 9 80+20 Compulsory Course 5.9.1 - Interpretation of statutes and principles of Legislation 5.9.2 - Humanitarian Law and Refugee Law 5.9.3 - Principles of Taxation Clinical Course 5.9.4. - Moot court exercise and internship: This paper may have three components of 30 marks each and a viva for 10 marks. (100)

a) Moot court (30marks) every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.

b) Observance of trial in two cases, one civil and one criminal (30 marks): Students may be required to attain two trials in the course of the last two or three years of LLB studies. They will maintain a record and various steps observe during their attendance on different days in the court assignments. This scheme will carry 30 marks.

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c) Interviewing techniques and pre-trial preparations and internship diary (30marks): Each student will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of documents and court papers by the advocate and the procedure for the feeling of the suit / petition .This will be recorded in the diary which will carry 15 marks.

The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.

LCC Semester – 10 Compulsory Course 80+20 5.10.1 Public International Law

Clinical Course 5.10.2 - Clinical Compulsory course I (100 marks)

1. Drafting Pleading and Conveyance Outline of the course: (a) Drafting :-General principles of drafting and relevant substantive rules shall be taught (b) Pleadings:-

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

ii) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.

iii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, will, Trust Deed

iv) Drafting of writ petition and PIL petition. The course will be taught class instructions and simulation exercises, preferably with assistance of practicing lawyers/ retired judges. Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice. 5.10.3.- Professional Ethics & Professional Accounting system (100 ) Group A: The Advocates Act, 1961

Group B: Accountancy for Lawyers

Group C: 20 + 20 marks Viva Voce and submission of a report on The Advocates Act, 1961

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5.10.4 - .Alternate Dispute Resolution (100 marks)

Outline of the course:

I) Arbitration law and practice including international arbitration and arbitration rules

II) Negotiation skills to be learnt with simulated programme III) Conciliation and mediation skills IV) Legal Aid outreach programme and report submission.

The course is required to be conducted by senior legal practitioners and subject experts through simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80 + 20 respectively).

SEMESTER-I

ENGLISH –I

Paper Code - LCC 5.1.1 Total Marks – 80

Unit-I: Grammar (20 Lectures)

1. Tense

2. One-work Substitution – a) Passive b) Negatives c) Questions

3. Complex & Compound Sentences: Use of Connectives

4. Conditionals

5. Appropriate Prepositions

Unit-II: Grammatical Usages (10 Lectures)

1. Basic Transformation

2. Some Common Errors

Unit-III:-Comprehension and Composition (20 Lectures)

1. Reading Comprehension

2. Comprehension of Legal Texts

3. Paragraph and Precis writing

4. Formal Correspondence

5. Note Taking

6. Drafting of Reports and Projects

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7. Abstracts

Unit-IV:- (10 Lectures)

1. Formal Correspondence (Business)

2. Essay Writing

Recommended Books

1. English Grammar – Wren and Martin

POLITICAL SCIENCE – I (HISTORY OF POLITICAL SCIENCE)


Unit-I:- Greek and Roman Political Thought (15 Lectures)

1. General Features

2. Plato: Philosophy and politics; Justice ; communism

3. Plato’s Republic and Critic of democracy

4. Aristotle’s political thinking and the quest for the ideal State

5. Aristotle on Justice as rule of Law

6. Roman’s Political Philosophy, citizenship and law

Unit II:- European Thought-I (15 Lectures)

1. Emergence of European Renaissance

2. Hobbs: State of nature; Social Contract; Leviathan; atomistic individuals; State

3. Locke: Natural rights; right to dissent; justification of property

4. Rousseau: General Will; local or direct democracy; self-government; origin of

inequality

Unit-III:- European Thought-II (15 Lectures)

1. Hagel’s theory of State and his concept of freedom

2. Bentham on “greatest good for greatest number”

3. Utilitarianism and J.S. Mill

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4. Bentham and JS Mill: A comparative Study

Unit-IV:- From Marx to Gramsci (15 Lectures)

1. Marxism: Alienation; difference with other kinds of materialism; class struggle

2. Linins contribution to the development of Marxism

3. Gramsci and his political thought

Recommended Books:

1. Gettel - History of Political Theory Sabine – A History of Political Theory

2. Amal Kumar Mukhopahahyay – Western Political Thought David Thomson (ed.)

– Political Ideas

3. George Lichtheim – A short History of Socialism Daniel Guerin – Anarchism :

From Theory to Practice

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

5. Tapan Chattopadhyay & Dipak Kumar Das – Varieties of Socialism

6. J. V. Stalin – Foundation of Leninism

SOCIOLOGY – I (Introductory Sociology)


Unit I :- Introductory (10 Lectures)

What is Sociology? Scope. Sociology and other social sciences.

Society and institutions; Community and Association; Groups and its Forms; Status and

Role; Culture and Society; Folkway and Mores; Custom Norms and Value.

Unit II :- Socialization (20 Lectures)

Meaning and agencies; concept of adult socialization; and anticipatory socialization.

Social process : Cooperation; competition and conflict; assimilation and

accommodation.

Social stratification

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Characteristic and forms; social mobility; meaning and forms.

Social control

Meaning, forms and agencies.

Unit III:- Gender (15 Lectures)

Sex vs. Gender; gender differences; gender socialization.

Social change

Concept; types and factors; social progress; social development.

Unit IV : Social institutions (15 Lectures)

Functions of family; education and religion.

Book Recommended :

1. NJ Smelser- Sociology (Prentice Hall)

2. Anthony Giddens- Sociology (Polity)

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

Ltd.)

4. Guy Rocher; A general Introduction to Sociology (Academic Publisher)

ECONOMICS - I (Micro & Macro Economics)


Unit-I (15 Lectures)

Demand analysis: determinants of demand – law of demand – why is demand curve

downward sloping – exceptions to law of demand – shift of demand curve – Elasticity of

demand: definition & measurement of price, income & cross – price elasticity of demand

– determining factors & importance of elasticity of demand.

Unit II (15 Lectures)

Theory of consumer’s behaviour : total utility & marginal utility – law of diminishing

marginal utility – law of equimarginal utility – consumer’s surplus – definition &

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properties of indifference curve – consumer’s equilibrium with the help of indifference

curve & budget line – concept of income effect, price effect & relationship between

them.

Unit III (20 Lectures)

Concept of Inflation, Deflation and Stagflation: Inflationary Gap – Distinction between

Demand-pull and cost-push Inflation-Effects of Inflation – Anti Inflationary Monetary

and Fiscal Policy. Banking: Functions of Commercial Banks, Credit Creation –

Functions of Central Banks, Credit Control Methods.

Unit IV (10 Lectures)

Principles of Taxation: Benefit and Ability to pay Approach – Direct and Indirectly

Taxation – Regressive, Progressive and Proportional Taxation – Public Debt. Internal

and External, Burden of Debt. International Trade: Distinction between Internal and

International Trade – Basis of Trade, Absolute and Comparative Advantage – Arguments

for Free and Protection.

Book Recommended :

1. A.W. Stonier and D.C. Hague- A text Book of Economic Theory, Longman

Group, London Group London

2. Lipsey & Chrystal- An Introduction to Positive Economics.

3. Gupta S.B. – Monetary Economics, S.Chand and Co. New Delhi. Reference:

4. Bilas Microeconomic theory; Mc Graw Hill Intedn; 2ndedition

5. Hirshleifer Price Theory and Applications; Prentice Hall; 1978

6. Hal Varian Intermediate Micro-economics; Norton & Co.

7. Myneni, S.R. Principles of Economics; Allahabad law Agency; Faridabad

8. Dewett, K.K.Modern Economic Theory

LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION

LAWS

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Unit I:- Introduction (10 Lectures)

1. Nature, Definition, scope and goals of law of Torts

2. Essential constituents of Tort

3. Fault: Damnum sine injuria, Injuria sine damnum; Relevance of malice

4. Mental Element in Tort

5. Capacity to sue and to be sued for Tort

6. Liability: Vicarious Liability, State liability for torts,

7. Remedies; Remoteness of damages

Unit II:- Defences (15 Lectures)

1. Volenti non fit injuria

2. Vis Major

3. Inevitable accident

4. Private Defence

5. Plaintiff at fault

Unit III:- Specific Torts (15 Lectures)

1. Assault and Battery; False Imprisonment

2. Trespass,

3. Negligence-Contributory Negligence

4. Nuisance – Public & Private remedies.

5. Defamation

6. Strict liability and Absolute Liability

Unit IV: Consumer Protection Laws and The Consumer Protection Act 2019

(20 Lectures)

1. Purposes of the Act

2. Definitions

3. Consumer Redressal Agencies: District, State and National

4. Jurisdiction, powers and functions of the Consumer Redressal Agencies

5. Consumer’s rights

6. Process of filing complaint before Redressal Agencies

7. Relief under the Act

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The Motor Vehicles Act, 1988

1. Preliminary – Sec. 1 and 2.

2. Registration of Motor Vehicles

3. Liability without fault in certain cases

4. Insurance of Motor Vehicles against Third Party Risks.

5. Claims Tribunals.

6. Offences, Penalties and Procedure

Books Recommended:

1. Bangia – Law of Torts

2. Avtar Singh – Law of Carriages

3. Avtar Singh – Consumer Protection

4. Retanlal & Dhirajlal – Law of Torts

5. Salmond – Law of Torts

6. Law of Torts – D.Basu

7. R.H. Bhatt – Consumer & the Land

8. J.N. Barowala – Commentary of the Consumer Protection Act 1986.

CONTRACT-I (GENERAL PRINCIPLES)

Paper Code – LCC 5.1.6 Total Marks – 80

Unit-I: (20 Lectures)

1. Nature and formation of contract

2. Meaning, nature and essentials of valid contract

3. Proposal/Offer: Definition and essentials of a valid offer, Invitation to offer

4. Acceptance: Definition and essentials of a valid acceptance

5. Communication of offer and acceptance

6. Revocation of offer and acceptance

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7. Consideration : Definitions; Past, present and future consideration; adequacy of

consideration; Privity of contract and its exceptions

8. Agreement: Definitions and essentials

9. Factors vitiating free consent

10. What is free Consent?

11. Coercion

12. Fraud

13. Undue influence

14. Misrepresentation

15. Mistake

16. Legality of object

17. E-contract and its relevancy under Contract Law

Unit-II (15 Lectures)

1. Capacity of Parties and Law of Contract

i. Minor’s agreement and its relevancy

ii. Contract with Insane person

iii. Contracts with persons disqualified by law

2. Void, voidable, illegal and unenforceable agreements/contracts

3. Performance and discharge of contracts.

4. Time and place of performance

5. Doctrine of Frustration

Unit-III (15 Lectures)

1. Quasi- Contracts; Doctrine of unjust enrichment

2. Contingent Contract and wagering agreement

3. Breach of contract: Anticipated and Present; Consequences of breach

4. Remedies: Damages; Kinds; Specific Performance; injunction; Remoteness of

damages; Quantum merit

Unit-IV (10 Lectures)

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1. Specific Relief Act, 1963: Recovering possession of property; Specific

performance of the contract; Rescission of contracts; Cancellation of instruments;

Declaratory Decrees; Injunctions.

Books Recommended:

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

2. Desai – Indian Contract Act, 1872

3. Anson – English Law of Contract

4. Cheshire and Fifoot – Law of Contract

5. Basu – Law of Contract

6. Ponnuswami & Puri – Cases & Materials on Contract

7. Dr Avtar Singh – Introduction to the Law of Contract

8. V.G. Ramchandra – Law of Contract

SEMESTER-II

English-II (English Literature)


Unit-I:- The Merchant of Venice by William Shakespeare (15 Lectures)

1. Non – detailed study:

2. Act – I, Sc iii

3. Act – iii, Sc iii

Unit-II:- The Merchant of Venice by William Shakespeare (15 Lectures)

1. Non – detailed study

2. Phraseology & vocabulary from the said scenes – meaning in modern

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3. English Class teaching: reading & interpretation’ Shakespearian phraseology &

vocabulary - its equivalent in modern English.

Unit III:- The Merchant of Venice by William Shakespeare (15 Lectures)

1. Detailed study:

2. Act IV, Sc I (Trail scene)

3. Context questions

4. Characterization

Unit-IV:- Justice by John Galsworthy (15 Lectures)

1. Nature of the play; Significance of the title; Galsworthy as dramatist; scene

analysis; and Character sketch

Political Science-II (Indian Political Thought and Theories)


Unit –I (20 Lectures)

1. Nature of Indian Political Thought

2. Ancient Indian Political thought

i. Brahamanic

ii. Islamic

iii. Vedavyasa thought on Rajdharma (Shantiparva)

iv. Manu and Social laws

v. Kautilaya: Theory of State

vi. Abul Fazal: Monarchy


1. Rajaram Mohan Roy’s concept of Rights and his Political thinking

2. Swami Vivekanand’s Ideal Society and his political thought

3. Aurbindo Ghosh and his political thought

4. Tagore: Nationalism and its critique


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1. MN Roy and his political thinking for India

2. Gandhi’s Swaraj and his contribution to Indian Thinkers to political theorizing of

Indian Political Thought

3. Nehru’s Secularism and his political thinking for India


1. BR Ambedkar’s idea on Social Justice and his political vision and thinking for

India

2. Dr. Ram manohar Lohia’s Socialism and his contribution to political thinking in

India

Books Recommended

1. Appadorai, Indian Political thinking Through ages,Khana Publishers, Delhi

2. MN Jha, Political thought in Modern India, Meenkhshi Prakashan, Meerut

3. VR Mehata, Indian Political thought, Manohar Publication

4. VP Verma, Modern Indian Political Thought, Lakshmi Narayan Agrawal

5. T. Pantham, and K. Deutsch (eds.), Political Thought in Modern India, New

Delhi: Sage Publications

6. B. Chaturvedi, ‘Dharma-The Foundation ofRaja-Dharma, Law and Governance’,

inThe Mahabharta: An Inquiry in the Human Condition, Delhi: Orient Longman

7. P. Olivelle, ‘Introduction’, in Manu’s Code of Law: A Critical Edition and

Translation ofthe Manava –Dharmasastra, Delhi: Oxford University Press

8. V. Mehta, ‘The Imperial Vision: Barni and Fazal’, in Foundations of Indian

Political Thought, Delhi: Manohar

9. C. Bayly, ‘Rammohan and the Advent of Constitutional Liberalism in India

1800-1830’, in Sh. Kapila (ed.), An intellectual History for India,New Delhi:

Cambridge University Press

10. S. Sinha, (2010) ‘Lohia’s Socialism: An underdog’s perspective’, in Economic

and PoliticalWeekly, Vol. XLV (40) pp. 51-55

Sociology-II (Social Problems in India)

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Unit I (15 Lectures)

1. Introduction to social problem; Social Problems and disorganisation

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

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

4. Population Explosion: Concept: Causes and Consequences: Population Policy

and Family Welfare in India.


1. Secularism, Communalism and Communal Violence: Concept of Secularism &

Communalism, Varieties of Communalism; Problems of Communalism.

2. Corruption: Concept; Causes; Social Effects; Anti-corruption movement in India

3. Terrorism: Meaning, Causes, effects, preventive measures, possible solutions


1. Alcoholism and Drug Addiction: Concept, Causes, Social Effects; prevention of

Alcoholism and drug addiction

2. AIDS: Concept, Causes, Social Effects.

3. Child Paedophilia: causes and prevention


1. Deviance among Children: Concept of Juvenile delinquency; children in conflict

with law and children in need of care and protection; Causes and Types of

deviance among Juveniles ; Preventive measures

2. Women: Violence against Women; Dowry; Status of Women.

3. Female infanticide and foeticide : Concept; causes; preventive measures and

possible solutions

Books Recommended :

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

2. G.R. Madan: Social Problems in India, Allied Publisher, New Delhi

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

Corruption)

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4. Ram Ahuja: Society in India (Rawat)

5. Ram Ahuja: Indian Social System (Rawat).

Economics-II (Indian Economy)


Unit-1 (20 Lectures)

1. Features and Causes of Under development of the Indian Economy.

2. National Income of India: Trend, Estimation and Distribution.

3. Population: Trends of Population Growth, Population Policies of the Govt.

4. Dualism in the Indian Economy: Poverty Line [Poverty Eradication Programmes

in India].

5. Agriculture, Causes of Low Productivity

6. Land Reforms: Meaning, Importance, Evaluation of the Programmes


1. New Technology and Green Revolution and its effects

2. Industry: Role of Cottage, Small-scale and Large-scale Industries in India’s

Economic Development – Problems and Solutions


1. Banking: More of Indian Commercial Banks – Credit Control Policy of Reserve

Bank of India – Money market in India.

2. Indian Public Finance: Sources of Revenue of Union and State Government –

Union-State Financial Relation.


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

period.

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

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Books Recommended

1. R. Dutta and K.P.M. Sundaram – Indian Economy, S. Chand and Co. New Delhi

2. S.K. Misra and V.K.Puri – Indian Economy , Himalayas Publishing Co., Mumbai

3. A.N. Agarwal – Indian Economy, Vikash Publishing Co., Delhi

4. S.B. Gupta – Menetary Planning in India, Oxford University press , Delhi.

5. P.N. Dhar – Indian Economy.

Special Contract



Sale of Goods Act, 1930


Indian Partnership Act, 1932


Indian Contract Act relating to Specific Contracts, Indemnity, Guarantee, Pledge,

Bailment and Agency


Specific Relief Act, 1963

Books Recommended :

1. Pollock & Mulla – Indian Partnership Act, 1932

2. M.C. Shukla – Mercantile Law

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3. Desai – Indian Partnership Act, 1932

4. Kapoor - Mercantile Law

5. Indian Partnership Act, 1932

6. Sale of Goods Act, 1930

ENVIRONMENTAL LAW



U.N. Stockholm Declaration 1972, Rio-Declaration 1992, Johannesburg

Declaration 2002 – Basic principles evolved.

Environment Policy in India – Constitutional mandates, Enlargement of interpretation of

Article 21 of the Constitution.

Unit II:- Environment (Protection) Act, 1986 (15 Lectures)

Definitions and other provisions of the Act.

Unit III:- Air (Prevention and Control of Pollution) Act, 1981 (20 Lectures)

Definitions and other provisions of the Act.

Water (Prevention and Control of Pollution) Act, 1974

1. Definitions and other provisions of the Act.

2. Administration and functioning of Pollution Control Board:

a. For human being pertaining to water, Air, Noise & Nuclear radiation.

b. For non human being pertaining to wild life, land use, irrigation, forests etc.


1. Laws relating to the role of Courts to protect environmental pollution –

Enlargement of locus standi and concept of Public Interest litigation; Principles

evolved.

2. Legal sanctions and strategies to Control pollution – with reference to E.P. Act,

Water Act, Air Act & Public Liability Insurance Act, 1991

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3. National Environment Tribunal Act, 1995.

4. Prevention of cruelty to Animals Act 1960.

5. Wild Life (Protection) Act 1972.

Books Recommended :

1. Paras Diwan & Parag Diwan – Environment Management, Law &

Administration.

2. P. Leelakrishnan – Environment and the Law

3. Biswajit Mukherjee – Law and Environment

4. K. Thakur - Environment Protection Law & Policy in India

5. Armin Rosencranz, Shyam Diwan, Marth L, Noble – Environment Law and

policy in India – Cases, Materials and Statutes.

6. Ball and Bell – Environment Law

SEMESTER-III

Compulsory Course

English-III (LEGAL LANGUAGE – II)


Unit-I:- General Requirements of Deeds Transfer (Legal writing) (20 Lectures)

1. Description of the Deed and the terms by which each part is described.

Registration of Deeds.

2. Delivery of Deeds.

3. Arrangement of different parts of deed.

Unit-II:- Concept and Definition (15 Lectures)

1. Grant of receipt. Deed of Lease Agreement of Sale

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2. Deed of Conveyance of and


Characteristic of will and requisites of a valid will

Unit-IV:- Drafting of Notice (15 Lectures)

1. Suit against Government

2. Tenant to Landlord for repairing of the premise. Land Lord to tenant for

conversion.

3. Demand for repayment of loan or mortgaged money. Public notice for sale of

business or property.

4. Assignment of debt. Claim of Compensation. Removal of nuisance.

5. (Practices to test the writing Capacity in English)

Book Recommended :

1. Conveyancing by Desouza 10.Indian Conveyance of Mogha

2. Mitra’s Legal and Commercial Dictionary 12.Thorton : Legilative drafting (Chap. 6-8, 13)

3. Prof. Amit Sen, Legal Language, Legal Writing and Legal Drafting 14.Black’s Law

dictionary

4. Wharton Law Lexcicon.

Political Science-III (POLITICAL THEORY)



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

Unit-II:- (10 Lectures)

Different approaches: (a) Traditional, (b) Marxist and (c) Behavioural with special

reference to David Easton’s system analysis.


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

Popular.

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2. Rights, Liberty and Equality : Meaning and their inter-relationship. Rawl’s

concept of Justice.


1. Ideology: Meaning and its variants – (a) Anarchism, (b) Fascism and (c)

Liberalism and Neo-liberalism.

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

(basic tenets).

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

4. Gramsci: concept of hegemony.

5. 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).

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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).

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.


1. 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.

2. 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.


1. 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

25

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.

2. 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.


1. 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.

Sociology –III (SOCIOLOGY AND LAW)


26


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


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


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


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

27

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.

Economics –III (INDIAN ECONOMIC DEVELOPMENT AND POLICY)


Unit-I:- Economics of Development (15 Lectures)

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

Unit-II:- Issues in Economic Development (15 Lectures)

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

Unit-III:- International Trade (15 Lectures)

1. Free Trade and Protection

28

2. Fixed and Flexible Exchange Rates

3. Balance of Trade and Balance of Payments

4. International Institutions- IMF, WB, WTO

Unit-IV:- Liberalization, globalization and related issues (15 Lectures)

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

Legal Method



Concept, meaning and definitions of law,Principles and Sources of law: Custom,

Legislation, Precedent and Equity as sources of law, Concept of Justice


Kinds of law- International Law and Municipal Law, Public Law and Private Law


Basic concept of Indian legal system: Rule of Law, Separation of powers,

Constitutionalism, Principles of Natural Justice (outlines only).

29

Legislative Procedure: Kinds of Bills, Kinds of Legislations, Supreme and Subordinate


Concepts of Statutes, Reports, Journals, Manuals, Digests etc.Definition and importance

of legal research,Techniques

Books Recommended

1. Avtarsingh-Jurisprudence

2. A.K.Anthony- Law for laymen

3. B.M.Tripathi - Jurisprudence

4. Cardozo-Nature of Radical Process

5. Glaniville Williams

6. I.L.I. Publication on Legal Research

7. N.R. MadhvaMenon- Clinical legal Education

8. V.D. Mahajan—Jurisprudence

SEMESTER-IV

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.


1. Weberian ideas of Bureaucracy, Marxian critique and Post- Weberian

development.

2. Recent advances in the discipline of Public Administration: Public choice

approach, new public management paradigm, good governance.

3. Development Administration: meaning and importance; Ecology and sustainable

30

development: Riggsian model.


1. All-India Services: IAS, IPS Central Services: IFS – recruitment and training.

Union and State Public Service Commissions: composition, functions and role.


1. Union Administration: PMO; Cabinet Secretary and the Secretariat; Relationship

between the Secretariat and the Directorate.

2. 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.

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

31

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).

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.

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


1. National Power: concept, constituents and measurability.

2. Balance of Power: Meaning, techniques and effectiveness; concepts of

bipolarity, unipolarity and multipolarity; Balance of Power vs. Collective

Security.

3. 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.


1. 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 Disputes under the UN Charter.

32

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


1. Political Economy of International Relations: Neo-colonialism: New

International Economic Order; South-South Cooperation.

2. Regional Cooperation: South Asian Association for Regional Cooperation

(SAARC) – objectives and problems.

3. 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).

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

33

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)

Constitutional Law – I



1. Constitutional developments since 1858-1947 Making of Indian Constitution.

2. Nature and special features of the Constitution of India Rule of law & Separation

of powers.


1. State under Article 12 of the Constitution Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)

3. Right against Exploitation (Articles 23-24)


1. Concept of secularism : historical perspective Right to Freedom of Religion

(Articles 25-28) Cultural and Education Rights (Articles 29-30) Fundamental

Duties (Article 51A)

2. Directive Principles – directions for social change – A new social order

Fundamental Rights and Directive Principles of State Policy, Inter- relationship,

judicial balancing

3. Constitutional amendments – to strengthen Directive Principles


1. Remedies for enforcement of rights contained in Part III – Habeas Corpus,

34

Mandamus, Certiorari, Prohibition and Quo-warranto under Articles 32 and 226

of the Constitution Judicial Review

2. Judicial activism and restraint.

Books Recommended :

1. J. N. Pandey

2. M.P. Singh

3. H.M. Survai

4. V.N. Sukla

5. M.P. Jain

6. Bare Act Constitution of India

Family Law –I



1. Sources of Hindu Law,

2. Hindu Joint Family System and Coparcenary,


1. Women’s property and Stridhan

2. General Principles of succession under the Dayabhaga and the Mitakshara systems,

3. Distinction between Dayabhaga and the Mitakshara systems and effect of modern

statutes


Hindu Marriage Act, 1955

Hindu Succession Act, 1956


35

Hindu Adoption and Maintenance Act, 1956

Hindu Minority and Guardianship Act, 1956

Special Marriage Act, 1954

Books Recommended :

1. Mulla – Hindu Law

2. S.K. Mitter – Hindu Law

3. Venkatraman – A Treatise on Hindu Law

4. Derret – Modern Hindu Law

5. Hindu Marriage Act, 1955

6. Hindu Succession Act, 1956

7. Hindu Minority and Guardianship Act, 1956

8. Hindu Adoptions and Maintenance Act, 1956

9. Jhabvala – Hindu Law

10. Paras Diwan – Modern Hindu Law

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

12. Tahir Mohamood – Hindu Law

Media and Law

Hons. Course

Paper Code – LHC 5.4.5 Total Marks – 80


Historical Development of Media and Constitutional framework:

Concept of Media,

History and development of Media,

36

Theories of Media,

Media Legislation in Indian,

Print Media and Registration

Freedom of Expression in Indian Constitution and Restrictions ,

Issues of Privacy,

Right to Information, Media Personal Privileges, Print Media and Press Law,

Public Interest Litigation and media


Regulatory Framework

Media & Tort Law (Defamation & Negligence)

Media & Criminal Law (Defamation / Obscenity/Sedition)

Media & Judiciary – Contempt of Court

Media & Legislature – Privileges of the Legislatur

Media & Executive – Official Secrets Act

Media & Journalists – Press Council Act and Working Journalists (Conditions of

Service) Act

Role of Press Council,

Media and Ethics,

Media & Human Rights


Broadcast Sector

Evolution of Broadcast Sector,

Licensing issues in Broadcast Sector

Cable T.V.Networks (regulation) Act of 1995

Prashar Bharti Act 1990

Cinematography Act 1952

Telegraph Act and Broadcast interface

Government Control, Public Policy and Airwaves


New Media and Advertisement

Evolution of Internet as New Media ,

Regulating the Internet and IT Act of 2000

37

Concept of Advertisement & Ethics,

Advertisement Act of 1954 ,

Indecent Representation (prohibition) Act, 1986,

The Drugs and Magic Remedies (objectionable) Advertisements Act of 1954

Consumer protection, competition and Advertisement

Books Recommended

1. MadhaviGoradia, Facet Of Media Law

2. Media , Press and Telecommunication Law, 2007

3. DR. A. Verma, Cyber Crimes & Law

Right to Information

Optional course

Paper Code – LOC 5.4.6 Total Marks – 80


Introduction to Right to Information

Historical Growth and Development: Right to Information Movement in India

Objective and Purpose of RTI Act in India

RTI and Indian Constitution (Article 19(1) (a), Right to privacy, Contempt of Court,

Public Interest and Information)


Right to Information: Global view

Right to Information in UK

Right to Information in US

Right to Information and the Commonwealth

Right to Information and United Nations


Right to Information Act, 2005 ( in accordance with relevant amendments)

Obligations of Public Authorities

38

Central Information Commission and State Information Commission

(composition, term, condition and removal from service, powers, functions,

appeals and penalties)

Exceptions and exemption from disclosure


Other Laws and agencies related to RTI

Official Secrets Act, 1923

Public Records Act, 1993, Rules, 1997

Representation of People Act, 1951

The Indian Evidence Act, 1872 (Matrimonial communications, Official communications;

and Professional communications)

Law Commission and RTI

Role of NGOs and RTI

Books Referred:

1. J.H.Barowalia - Commentary on the right to Information Act, Universal Law

Publications.

2. Information Technology Act, 2000

3. Vakul Sharma – Information Technology law and practice

4. S.V. Joga Rao - Law Relating to Right to Information, vol.1.

5. Ian J Lloyd – Information Technology law, Edn. IV

6. Yatindra Singh – Cyber Laws

SEMESTER-V

Family Law – II



Concept and Background of Muslim Law: Sources , Schools of Muslim Law


Marriage, Dower, Maintenance, Dissolutions of Marriage

39

Unit-III: (10 Lectures)

Parentage, Legitimacy and Guardianship

Unit-IV: (15 Lectures)

Gift,Wills,Waqf and Administration of Estate, Pre-emption, 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.

Law of crimes – I THE INDIAN PENAL CODE – 1860



Chapter I to VI

Unit-II: (10 Lectures)

Chapter VIII (sec 141-150), IX (sec 166-166B), XI (sec 191, 192, 193), XIV(sec 268-

276)

40


Chapter XVI (sec 299 – 326B, 339- 344, 349- 367, 370-374, 375-377), XVII (sec 378-

397, 403-411, 415-420, 425-426, 441-450), XVIII (sec 463-470, 481- 484)


Chapter XX to XXIII

Books Recommended :

1. Kenny – Outline of Criminal Law.

2. Ratan Lal – Indian Penal Code.

3. K.D. Gaur – Indian Penal Code.

4. S.N. Misra – Indian Penal Code.

5. B.M. Gandhi – Indian Penal Code.

6. K I Vibhute – PSA Pillai’s Criminal Law

Constitutional law II



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

41

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

Parliament-

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.


Union Judiciary-

Establishment and constitution of the Supreme Court, qualifications and disqualifications

of the Judges, powers and jurisdiction of the Supreme Court

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


Emergency-

meaning and scope, proclamation of emergency – conditions effect of emergency

conditions effect of emergency on Centre-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

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

42

Administrative Tribunals

Books Recommended :

1. J. N. Pandey

2. M.P. Singh

3. H.M. Survai

4. V.N. Sukla

5. M.P. Jain

Act

1. The Constitution of India

2. Administrative tribunals Act, 1985

Human Rights law and Practice

Hons. course



1. Introduction to Human Rights

2. Philosophy, History and Development of Human Rights

Unit-II: International Human Rights Laws – (20 Lectures)

1. Universal Declaration of Human Rights 1948.

2. International Covenant on Civil and Political Rights – 1966.

3. International Covenant on Economic, Social And Cultural Rights – 1966.

4. Two Protocols of 1966 & 1989


1. The Protection of Human Rights Act 1993


43

2. Human Right Provisions in the Indian Constitution

3. 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.

Private International Law

Optional course



Introduction

Nature & Scope of PIL

Public and Private International Law

Characterization and it’s theories

Doctrine of Renvoi (nature, proof, application and exclusion Enforcement of

Foreign Judgments)

Connecting Factors

Expanding horizon of Private International Law (WTO and commercial

transactions, Transactions through Cyberspace)


Foreign Judgments and Arbitral Awards

Recognition & Enforcement

Position at Common Law

Statutory Provisions

44

International Conventions

Recognition & Enforcement

Recognition and Enforcement of Arbitral Awards


Jurisdiction and choice of law

lex fori

Matrimonial matters – as per the applicable law

Custody of child – Guardians and Ward Act, 1890 – S.9 (ordinary residence)

In Personam – S.20 CPC

Anti Suit Injunction

Choice of Law (Problematic scope of application, Characterisation, Contract,

Tort, Family Law)


Domicile

Meaning in India (primary and secondary domicile)

Domicile: Origin and Choice

Dependants

Fugitives

Domicile of Corporation

Books Recommended :

Paras Diwan, Private International Law, 4th Ed., Deep and Deep (1998)

Atul M Setalvad, Conflict of Laws, 3rd Ed., Lexis Nexis(2014)

V. C. Govindaraj, Conflict of Laws in India, Oxford University Press (2011)

Cheshire, North & Fawcett: Private International Law, 14th Ed. Oxford University Press (2008)

Collier J G, “Conflict of Laws”, Cambridge University Press, Cambridge, 2004.

Dicey A V & Morris J H C,“Conflict of Laws”, Sweet & Maxwell, London, 14th edn, 2006

45

SEMESTER-VI

Jurisprudence



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


Legal theories – Natural Law theories, Imperative theory, Theory of Legal realism, Pure

theory of Law, Sociological theories, Historical School


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

Law and Morals.

Sources of Law – Legislation, Precedents and Custom

Unit-IV (20Lectures)

Administration of Justice

Legal right : Meaning, Nature, Characteristics and elements, Relation between rights and

duties, Kinds of Legal right.

Concept of ownership : Idea of ownership, subject matter and characteristics

ofownership. Kinds of ownership, Modes of acquisition of ownership.

Possession : Meaning, elements of possession, Kinds of Possession, Distinctions between

ownership and Possession.

Personality : Meaning, nature, Natural and Artificial persons, Legal Status of Animals,

dead and unborn Persons, Corporate personality.

Codification – Meaning, Merits and Demerits

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

46

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

Property Law


Transfer of Property Act, 1882:


Preliminary (Sections 1 – 4)

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


Of Sales of Immovable Property (sections 54 – 57)

Of Mortgages of Immovable Property (Sections 58 – 104)


Of Leases of Immovable property (sections 105 – 117)


Of Exchanges (Sections 118 – 121)

Of Gifts (Sections 122 – 129)

47

Of Transfers of Actionable Claims (Sections 130 – 137)

Indian Easements Act, 1882

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

Law of crime II( CRIMINAL PROCEDURE CODE)


The Code of Criminal Procedure 1973 :

Section

Unit-I(10 Lectures)

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

48


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

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

Banking law

49

Hons. course



Negotiable Instruments Act, 1882;


Banking Regulation Act, 1949;


Regional Rural Banks Act, 1976;


Reserve Bank of India Act, 1934;

Securitization and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002;

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.

Insurance Law



General Principles;

Definitions of Insurance;

50

Essential Elements : Insurable Interest; Materiality of Facts;


Life Insurance;

Fire Insurance;


Marine Insurance;


Liability Insurance;

The Insurance Act, 1938;

The Insurance Regulatory and Development Authorities Act, 1999.

Books Recommended :

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

Avtar: Law of Insurance.

2. Bharat’s Manual of Insurance Laws. Misra, M.N. : Insurance Law.

3. Nagarjun, R.K. : Law of Insurance.

Corporate Governance Law

Optical course


Unit-I: Concept of Corporate Governance (15 Lectures)

Corporate Governance - Historical Perspective


Corporate Governance and Role of Institutional Investors

Unit-III: Principles of Corporate Governance – OECD Guidelines : (15 Lectures)

The right of shareholders and equitable treatment of shareholders The Role of

51

Stakeholders in Corporate Governance.

Disclosure and Transparency.

Unit-IV: Mechanism and Control : (15 Lectures)

Internal Corporate Governance Control. External Corporate Governance Control.

The legal obligation of Board of Directors in Corporate Governance and Board –

Management relationship.

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-VII

Administrative law



52

Nature, Scope, Definition of Administrative Law.

Rule of law

Separation of Power

Constitutional Law and Administrative Law

Administrative action: meaning and classification


Delegated Legislations – Types, Control and reasons of its growth.

Natural Justice –Concept, Rule against bias, Rule of fair hearing and

Reasoned decisions, Exceptions.


Judicial Control of Administrative Actions – Writs, Special Leave to

Appeal, Statutory control and equitable remedies; Judicial Review, Curative

Petition and P.I.L.

Administrative Tribunals


Ombudsman – Concept, Lokpal and Lokayuktas, The Lokpal and

Lokayuktas Act, 2013

The Central Vigilance Commission Act, 2003 – Constitution, Powers and

Function

Prevention of Corruption Act, 1988 (sec 1-5, 7-16,22-23, 25, 27 - 28)

Books Recommended :

1. K.C. Davis

2. Bernard Schwartz

3. S.P. Sathe,

53

4. Takwani,

5. Kesari,

6. Massey.

Labour and Industrial Law-I


Industrial Disputes Act :


Object of the Act.

Definition of Industry and Industrial Dispute, Appropriate Govt. Average pay, Award,

Controlled Industry, Employer, layoff, Lockout, strike etc. workmen.


Procedure for the settlement of dispute and Authorities under the Act. References of

dispute, voluntary references to arbitration, Awards and settlement.


Strike and Lock out – Prohibition, illegality penalties.

Lay off, Retrenchment of workmen, Transfer and closing down under taking.

Miscellaneous – Change of condition of service, unfair labour practices, Protected

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


Trade Unions Act

Scope and the object of the Act.

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

54

Registration of the Trade Union.

Rights and privileges of Registered Trade Union, dissolution etc.

Recognition.

Collective bargaining and trade union.

Unfair labour practices, Penalities and miscellaneous

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.

Law of Evidence


The Indian Evidence Act 1872 :


Chapters – I

Chapters -II

Chapters –III


55

Chapters –IV

Chapters –V

Chapters –VI


Chapters –VII

Chapters –VIII

Chapters –IX


Chapters –X

Chapters –XI

Books Recommended :

1. Ratanlal Dhiraj Lal – The Law of Evidence

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

Competition Law



56

History and development of Competition law in India; Definition, growth, and need for

change; Globalization and competition Policy in India, Monopoly and the new change.

Competitive Agreements and Contracts: Anti-competition agreements and the freedom

of Contract (S.23&27 of IC Act); Constitutional initiatives in the protection of

monopolistic activities.


MRTP and Competition Act

Concept of Competition Act 2002


The Prohibition of anti-competitive agreements, Indian position and remedies;

Combinations and regulations of combination-Merger between enterprises.


Authorities under Competition Act; Composition, Powers and Duties of Director

General, Function of Competition Commission of India, Remedies.

Judicial activism and pronouncements

Books Referred:

1. Competition Law in India - T.Ramappa.

2. Competition Act, 2002- Law and Practice. Suresh T.Vishwanathan.

3. Competition Law-Emerging Trends—P.Satyanaraya Prasad

4. Competition Act, 2002.

Information Technology and Law



Introduction and International Regulatory Framework

History and development of Information Technology and Cyber Space,

concept and definition of Cyber Space,

57

Jurisdiction in Cyber Space (Issues of jurisdiction in cyberspace, Types of

jurisdiction, Prerequisites of jurisdiction, The tests involved (Minimum contact

theory, Sliding Scale Theory, Effects Test and International targeting),

Jurisdiction under IT Act, 2000)

European Convention on Cyber Crimes

Hague Convention on Jurisdiction and Foreign Judgments: Jurisdiction

Agreement

UNCITRAL Model Law on Electronics Commerce 1996

International legal regime relating to Intellectual Property Rights – (i) Berne

Convention; (ii) Rome Convention; (iii) WIPO Copyright Treaty; (iv) WIPO

Performance and Phonograms Treaty; (v) UDRP; (vi) OECD convention on

Database protection


Cyber Crimes and Indian legal framework

Cyber Crimes Vs. Conventional Crime

Hacking

Digital Forgery

Cyber Stalking/Harassment

Cyber Pornography

Identity Theft & Fraud

Cyber Terrorism

Cyber Defamation Viruses ( File Infectors, Boot record infectors, Boot and file

viruses)

Salami attacks- Web Jacking

Denial of service attack

Right to Privacy and Data Protection on Internet (Concept of privacy - privacy

on internet - confidentiality of information and Information Technology)

Offences under IT Act, 2000 (As Amended by Information Technology

(Amendment) Act 2008)


Information Technology Act, 2000 (As Amended by Information technology

(Amendment) Act 2008)

Objective and development

58

Digital Signature and Electronic Signature

E Contract

E Governance

Certifying Authority

Penalties, compensation and adjudication

Cyber Appellate Tribunal


Intellectual Property and Cyberspace

Copyright issues (Linking, Inlining, Framing),

Trademark issues (Domain Name Dispute, Cyber squatting, Uniform Dispute

Resolution Policy, Meta Tags and Key words),

Computer software and IPR issues

Books Recommended

1. J. Singh Yatindra – Cyber Lew

2. S. K. Verma – Legal Dimension of Cyber Space

3. T. V. R. Satyaprasad – Law relating to Information Technology

4. DugalPavan - Cyber Law: Indian Perspective

5. KamathNandan – A Guide to Cyber Law

6. MathamRaghul – Law relating to Computers and Internet.

7. Ferrera& Lichtenstein – Cyber Law

Offences Against child and Juvenile offence


Unit I: (15 Lectures)

Definition and concepts of term child and Juvenile, delinquent child, neglected

child

United Nations Convention on the Rights of the Child, 1989 including the two

optional protocols i.e. Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography and

Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict).

59

United Nations Guidelines for the Prevention of Juvenile Delinquency (The

Riyadh Guidelines).

United Nations Standard Minimum Rules for the Administration of Juvenile

Justice (The Beijing Rules).

UN Rules for the Protection of Juvenile Deprived of their Liberty (Havana

Conventions)

Guidelines for the Action on Children in Criminal Juvenile System (Vienna

Guidelines)


Theories of Juvenile Delinquency

1. Biological Theory

2. Sociological theory

3. Psychological theory


Growth and Development of Juvenile Justice system in India (from welfare to rights

based approach)

The Juvenile Justice (Care and Protection of Children) Act 2015.


Kinds of Offences against Children

a) Child abuse

b) Child labour and forced labour

c) Kidnapping, abduction

d) Abetment of suicide of child

e) Sale of obscene objects to young

The Legislative approach

1. Constitutional Provisions (relevant provisions)

2. Indian Penal Code (relevant provisions)

3. Child Labour (Prohibition and Regulation) Act, 1986

4. Commissions for Protection of Child Rights Act, 2005

5. Prohibition of Child Marriage Act, 2006

6. The Right of Children to Free and Compulsory Education Act, 2009

60

7. Protection of Children from Sexual Offence Act, 2012

8. Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention

of Misuse) Act, 1994

(All the laws to be studied along with the recent and updated amendments)

Books Recommended :

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

2. VedKumari – The Juvenile Justice System in India.

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

4. S.S. Srivastava – Criminology & Criminal Administration.

Semester-VIII

Labour law II


Unit-I:- The Factories Act, 1948 (15 Lectures)

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 Employee's Compensation Act, 1923 (as amended through Employee's

Compensation (Amendment)Act,2017)

1. Scope and Object of the Act including definitions under Sec.2 of the Act.

61

2. Liability of the employer .

3. Amount and Distribution of compensation.

4. Notice and Claim of compensation, Penalty for default of compensation.

5. Requirement of employers statement regarding fatal accidents, Reports of fatal

accidents and serious bodily injury.

6. Liability of the master for the act of third party.

7. Liability of the employer to inform the rights of the employees.

8. Commissioner: Appointment, Powers, Reference, Time limit for disposal of cases,

Settlement of Cases.

9. Effect of registration and non registration of agreement.

10. Appeals and Recovery.

Unit-III:- The Minimum Wages Act, 1948 (15 Lectures)

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.


1. Maternity Benefit Act, 1961 (as amended through The Maternity Benefit

(Amendment) Act, 2017)

2. The Unorganised Workers Social Security Act 2008

(Questions should be framed from all units)

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.

Civil Procedure Code and Limitation Act

62


60 Marks


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.

Jurisdiction of Civil Courts – Courts to try all civil suits unless expressly or impliedly

barred – What are suits of a civil nature. Pendency of a suit bars a fresh suit. Principle

underlying Section 10.

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

Section II.

When Foreign Judgements are not conclusive (Section 13).

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).

Service of Summons to Defendants under different circumstances; Section 27 to 29 and

order V.


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).

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

to Commissions (Order XXVI).

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

63

order XXXV.

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

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).


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).

Review of Judgements (Section 114-Revision of Judgement (Section

115) – Order XLVII deals with details of review.

The principle of restitution when decree is set aside or modified – Section 144 –

Determination of any question under Sec.144 is a decree.

Enforcement of Liability of Surety – Section 145.

Right to lodge a Caveat by a person claiming a right to appears before the court – Section

148A.

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).

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

64

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

Company Law



Introduction to Company

Genesis of company legislation- UK and India

Lifting of corporate veil

Types of Company , Company and other forms of business- distinction


Formation of a Company

Memorandum of Association and Article of Association

Doctrine of Ultra Virus

Doctrine of indoor management

Doctrine of Constructive notice

Certificate of incorporation and certificate of commencement

Promotors: Role, Rights, liabilities and duties

Prospectus: Kinds of prospectus, Registration, liability for Mis-statements

65


Capital, Management and emerging issues

Shares and Debentures: Nature and Types

Shares: issue, allotment, transfer, forfeiture, surrender

Debenture: Debenture trustees, debenture trust deeds, debenture stock

Membership of a company and cessation

Company Directors: Appointment, Removal, Legal Position, Powers, duties,

Liabilities, Audit Committee, Independent directors.

Company Secretary and Managing Director – Duties and Liabilities

Company Meetings: Kinds, Notice, quorum, Directors Meeting, Voting

DIN, Corporate Social Responsibility, Audit and auditors, Protection of minority

share holders, Prevention of Oppression and mismanagement, Insider Trading,


Winding up of a Company

National Company Law Tribunal

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

66

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.

Patent Right Creation & Registration

Hons. Course



INTRODUCTION:

Definitions, Scope, Value, and Attributes of Patents, objects; features of patent; rights

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

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.

RIGHTS AND OBLIGATIONS OF PATENTEE:

Nature of Patent rights, limitations of patentee rights, Obligations of patentee.

AMENDMENTS, RESTORATION, SURRENDER AND REVOCATION OF

PATENTS: Amendments of application before Controller, High Court; Restoration of

67

lapsed patents, application and procedure of application; Rights of Patentee on

restrictions; Surrender of patents; Revocation of patents.


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.

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

ESSENTIALS OF PATENT FOR REGISTRATION:

Patentable subject matter, Novelty, Anticipation, non-obviousness.

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.


SPECIFICATION:

General meaning, filing of specification and their contents, provisional specification,

complete specification, construction of specification, amendments of specification.

OPPOSITION OF GRANT OF PATENTS:

Procedure, discretion of controller, Grounds of opposition, grant and sealing of patents.

TRANSFER OF PATENTS RIGHTS:

General, Scope of power to transfer patent rights, assignments, Licences , Compulsory

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

68


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

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

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.

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

69

Law of Copyright



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.


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.

OWNERSHIP OF COPYRIGHT: (15 Lectures)

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.

Unit-III

TERM AND LIMITATIONS ON COPYRIGHT: (15 Lectures)

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.

70

RIGHTS UNDER COPYRIGHT:

General, interest of authors, exclusive economic right, moral right, and related rights.

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


TRANSFER OF COPYRIGHT:

Assignments, transfer by law, relinquishment of copyright; licences, voluntary licences,

non-voluntary licences

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.

REGISTRATION OF COPYRIGHT:

Introductory, qualification for registration, procedure for registration, entries in register,

correction of entries, rectification of register by Copyright Board.

INTERNATIONAL COPYRIGHT:

Introduction, extension of copyright in foreign works, works of certain international

organizations, restrictions of rights, order as to International copyright to be laid before

Parliament.

INFRINGEMENT OF COPYRIGHT:

General, what is infringement? When copyright is infringed? Which are not

71

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.

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

ALTERNATIVE DISPUTE RESOLUTION



Meaning, Nature, Scope, Merits and demerits of Alternate Dispute Resolution


Arbitration Agreement: Definition, Essentials, Kinds ,Capacity, Validity , Interim

measures by court


Arbitration and conciliation Act 1996 Sections – 2, 7-9, 10 – 33, 34 – 37, 44 – 50, 53 –

59, 62 – 76, 81

72


Legal Services Authorities Act 1987

Unit-V (05 Lectures)

Rule -making power : High Court, Central Government

Books Recommended

1. P.C. Rao – Alternate Dispute Resolution

2. S. K. Roy Choudhury and H.K.Saharay – Law of Arbitration and Conciliation

3. Tiwari – Arbitration and Conciliation Act

4. Dr. A. Sen – LokAdalat, Arbitration, Conciliation and ADR. Arbitration and

Conciliation Act 1996

Semester-IX


INTERPRETATION OF STATUTES AND

PRINCIPLES OF LEGISLATION


Meaning of the term ‘statute’ , ‘interpretation and construction of statutes’

Internal aids – Title, Preamble; Heading and Marginal notes; Sections

and sub-sections, Punctuation marks, Illustrations, exceptions,

provisos and saving clause; Schedules, Non-obstante clause

External aids – Dictionaries, Translations, Travaux repertoires, Statutes in

pari material Contemporanea Exposito, Debates, inquiry commissions reports

and Law Commission Reports.


73

Presumptions in statutory interpretation – Statutes to be read as a

whole, intention of legislature predominates, statutes are territorial in

operation, presumption as to jurisdiction, technical words in technical

sense, words to be construed in popular sense,Prospective operation

of statutes

Basic rules of interpretation: Literal rule, Golden rule,

Mischief rule (rule in the Heydon’s case)

Rule of harmonious construction


Maxims of Statutory Interpretation

i) Noscitur a sociis,

ii) Ejusdem generis;

iii) Reddendo singular singulis

iv) Delegatus non potest delegare

v) Expressio unius exclusion alterius

vi) Generalia specialibus non derogant

vii) In pari delicto potior est condition possidentis

viii) Utres valet potior quam pareat

ix) Expressum facit cessare tacitum In bonam partem

x) Casus omissus

Construction of – Taxing statutes, Penal statutes; Welfare Legislation, Interpretation of enabling statutes

Principles of Constitutional Interpretation

Doctrine of pith and substance Colourable legislation Ancillary powers, Residuary power, Doctrine of repugnancy


74

Principles of Legislation: Meaning of legislation, kinds, Commencement, Repeal and Revival of legislation

General Clauses Act, 1897 (sec 2,3,5-9, 12-13, 17-19, 26-27)

Books Recommended :

1. G.P. Singh, Principles of Statutory Interpretation 2. Maxwell on The Interpretation of Statutes 3. V. Sarathi, Interpretation of Statutes 4. N. S. Bindra’s Interpretation of Statutes

Humanitarian Law and Refugee Law


Unit –I (15 Lectures)

Concept , history and Origin of International Humanitarian Law

Development of International Humanitarian Law

ICRC and its Role in Development of International Humanitarian Law

Principles of “jus in bello” Concept and Principle of “jus ad bellum”

Doctrine of Military Necessity and Principle of Humanity

Concept of Civilian and Combatants


The Geneva Convention I- Protection and Care of Wounded and Sick Members of

Armed Forces in Field,

The Geneva Convention II Protection and Care of Wounded, Sick and

Shipwrecked Members of Armed Forces at Sea,

The Geneva Convention III -the Treatment of Prisoners of War,

The Geneva Convention-IV Protection of Civilians


Armed Conflicts

a) Internal armed conflict

b) International armed conflicts

c) Non-international armed conflicts

Unit IV: (15 Lectures)

Enforcement Machinery

75

a) International Criminal Court

b) ICRC

Books Recommended

1. Ingrid Detter, The Law of War, (Cambridge, 2000)

2. Roberts and R. Guelff, eds. , Documents on the Laws of War (Oxford, 2000)

3. Legality of the Threat or Use of nuclear weapons, Advisory Opinion, ICJ Reports

(1996)

4. M.K. Balachandran and Rose Verghese (eds.) – International Humanitarian Law

ICRC (1997)

PRINCIPLES OF TAXATION


Unit – 1 (20 Lectures)

1. Basic concepts and Definitions under Income Tax Act

(a) Basic Concept – Direct and Indirect Tax, Sources of Income Tax Law in

India, Basic Principles of charging income tax, Diversion and Application

of income, Res-judicata principles in taxation law, Exemption and

Deduction, Tax evasion, Tax Avoidance, Tax Planning, Rate or Rates of

Tax, CBDT.

(b) Important Definition – Person, Assessee, Assessment Year, Previous

Year, Income, Sources of income, Heads of income, Gross total income,

Total income, Casual income, Capital assets, Capital Receipts and

Revenue Receipts, Capital Expenditure and Revenue Expenditure,

Infrastructure Capital Company and Infrastructure Capital Fund.

2. Residential Status and Incidence of Tax – Residential status of an individual

only.

3. Income exempt from tax - (Section 10)

4. Agricultural Income – Meaning, Instances of agricultural income and non-

agricultural income, Treatment of partly agricultural income, Assessment of tax

liability when there are both Agricultural and non-agricultural income.

Unit– 2 (15 Lectures)

76

1. Computation of Taxable Income of Individual – Salaries and Income from

House property (only concepts and simple problems).

2. Deductions from Gross Total income – Basic concepts, deductions u/s

80C,80CCC,80D, 80DD, 80DDB, 80E, 80G and 80TTA.

3. Tax Management –

(a) Provision for Filing of Return – Date of filing of return, Different types

of returns, Return by whom to be verified, PAN, TAN.

(b) Procedure of Assessment – Self assessment, Summary assessment,

Scrutiny assessment, Best judgement assessment.

(c) Preliminary ideas of - deduction and collection of tax at source, Advance

Tax, Refund of Tax.

(d) Appeals and Revision, Penalties and Prosecutions.


Goods and Services Tax (GST)

1. Overview of GST –Concept, Constitutional Background, Objectives, Salient

features, Structure and types of GST, taxes Subsumed into GST, Taxes not

Subsumed into GST, Advantages and disadvantages of GST, GST Council,

GSTN, GSTIN.

2. Definitions – Aggregate turnover, Business, Capital goods, Goods, Input, Input

tax, Input tax credit, output tax, Person, Registered person, Place of Business,

Services, Taxable person, Turnover in State and Union territory.

3. Supply –Concept, Time, Value and Place, Charge of GST.

(a) Meaning of taxable event, Definition of supply as per CGST Act,

Necessary elements that constitute supply under CGST/SGST Act, Inward

supply, Outward supply, Non-taxable Supply, Taxable Supply, Exempt

supply,Mixed supply, Inter-state supply & Intra-state supply of goods,

Zero rated supply (basic concepts only).

(b) Time of Supply –Need for determination, Time of Supply of goods and

time of supply of services – provisions in relation to forward and reverse

charge only.

(c) Value of Supply – Transaction value as the basis for valuation; Inclusion

and exclusion of items for computation of value of supply under

transaction value, Value of supply inclusive of GST.

(d) Place of Supply – Need for ascertainment only.

(e) Levy of GST – Levy and collection under CGST Act, IGST Act and

UTGST Act.

4. Input Tax Credit, Registration and Composition Scheme under GST.

(a) Tax Invoice – Meaning; Importance, Time of issue tax invoice, Contents

of a tax invoice; Bill of Supply (basic concepts only)

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(b) Input tax credit – Meaning, Eligibility and condition for taking input tax

credit; Utilisation of input tax credit (Simple problem).

(c) Registration – Need and advantages of GST registration, Persons liable

for registration, Procedure for registration.

(d) Composition Scheme – Meaning, Applicability and rate, Eligible person,

Conditions and restriction under the composition scheme, Benefits of

composition scheme.

(e) Payment of Tax.


Customs Duty

1. Basic concepts, Nature and basic features of customs duty, charge of customs

duty.

2. Definition of certain terms – Dutiable goods, Indian Customs Water, Goods,

Coastal goods, Customs area, Territorial water.

3. Taxable event for import and export of goods.

4. Valuation of Customs duty.

Suggested Readings:

1. Taxmann : Direct Taxes – Law and Practice.

2. Taxmann : Indirect Taxes – Law and Practice.

3. Systematic Approach to Taxation – G.Ahuja&R.Gupta : WaltersKluwer.

4. Income tax with Indirect tax – S.Mundhra&V.Mundhra : Law Point

MOOT COURT EXERCISE AND INTERNSHIP


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

d) Moot court (30marks) every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.

e) Observance of trial in two cases, one civil and one criminal (30 marks): Students may be required to attain two trials in the course of the last two or three years of LLB studies. They will maintain a record and various steps observe

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during their attendance on different days in the court assignments. This scheme will carry 30 marks.

f) Interviewing techniques and pre-trial preparations and internship diary (30marks): Each student will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of documents and court papers by the advocate and the procedure for the feeling of the suit / petition .This will be recorded in the diary which will carry 15 marks.

The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.

Semester-X

Public International Law



Nature, Definition and Scope,

Origin and Basis of International Law.

Differences between Public & Private International Law


Sources of International Law. (International Customs, International Treaties,

General Principles of Law, Judicial Decisions & Juristic Works, Resolutions of

General Assembly)

Subjects of International Law.

Realistic Theory- Fictional Theory- Functional Theory

International Law and Municipal Law.


Recognition

State (Concept, Jurisdiction, Responsibility and Succession)

Nationality

Asylum and Extradition

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Treaties.


United Nations – Purposes, Principles, and Membership.

The Principal Organs of the UN.

Books Recommended :

1. J.G. Starke – Introduction to International Law.

2. Gurdip Singh – International Law.

3. S.K. Kapoor – International Law.

4. H.O. Agarwal – International Law.

5. D.J. Harris – Cases and Materials on International Law.

Drafting Pleading and Conveyance


Outline of the course: (a) Drafting :-General principles of drafting and relevant substantive rules shall be taught (b) Pleadings:-

v) Civil: Plaint, written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India.

vi) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.

vii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, will, Trust Deed

viii) Drafting of writ petition and PIL petition. The course will be taught class instructions and simulation exercises, preferably with assistance of practicing lawyers/ retired judges. Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice.

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Professional Ethics & Professional Accounting system


Group A: 40 marks (25 Lectures)

1. The Advocates Act, 1961 2. Contempt of Court

Group B: 20 marks (15 Lectures)

Accountancy for Lawyers Group C: 20 + 20 marks Viva Voce and submission of a report on The Advocates Act, 1961

Alternative Dispute Resolution


Outline of the course:

V) Arbitration law and practice including international arbitration and arbitration rules

VI) Negotiation skills to be learnt with simulated programme VII) Conciliation and mediation skills VIII) Legal Aid outreach programme and report submission.

The course is required to be conducted by senior legal practitioners and subject experts through simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80 + 20 respectively). Seminars, Workshops, Practical training may be conducted.